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Home My WebLink About04-3913 BURTON NEIL & ASSOCIATES, P.c. By: Burton Neil, Esquire Identification No, 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) NA 701 East 60th Street North Sioux Falls, South Dakota Plaintiff : IN THE COURT OF COMMON PLEAS v. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 64 -39/J. C'f.>i.C-- I~ MICHELE CLOUSER 15 East Portland Street Mechanicsburg, PA 17055-3350 Defendant : CIVIL ACTION - LA W COMPLAINT NOTICE You have been sued in court If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claim set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED OR NO FEE. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 800-990-9108 BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, P A 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) NA 701 East 60th Street North Sioux Falls, South Dakota Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. MICHELE CLOUSER 15 East Portland Street Mechanicsburg, P A 17055-3350 Defendant NO. ()L/- "JCi/3 C?i(.)~L '-r~'"'l : CIVIL ACTION - LAW Complaint 1. The plaintiff is Citibank (South Dakota) NA, with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. The defendant is MICHELE CLOUSER, who resides at 15 East Portland Street, Mechanicsburg, CUMBERLAND County, Pennsylvania. COUNT I: BALANCE ON CREDIT CARD NUMBER: 5424180652301539 3. Plaintiff, a national banking association, engages in various types of banking business including consumer lending through the issuance of credit cards. 4. Plaintiff furnished consumer credit to the defendant by means of a credit card with account number 5424180652301539 hereinafter referred to as the credit card account. 5. Plaintiff maintained an accurate and running record of all debits and credits to the credit card account in its books of account. 6. Plaintiff mailed defendant a written statement each month which accurately stated the debits and credits to the credit card account for the prior billing period. 7. Defendant received the monthly statements from plaintiff for the credit card account including the statement attached hereto as Exhibit A statement without protest, dispute or objection. 8. Defendant in not protesting, disputing or objecting to the statements including the Exhibit A statement thereby assented and agreed to the correctness ofthe balance due on the credit card account so as to constitute an account stated. 9. The amount due plaintiff on the account stated, less credits, if any issued subsequent to the Exhibit A statement, is $6,515.37. Wherefore, plaintiff demands judgment against defendant on Count I for the sum of $6,515.37, and the costs of this action. COUNT II: BALANCE ON CREDIT CARD NUMBER: 5491130302943717 10. Plaintiff, a national banking association, engages in various types of banking business including consumer lending through the issuance of credit cards. II. Plaintiff furnished consumer credit to the defendant by means of a credit card with account number 5491130302943717 hereinafter referred to as the credit card account 12. Plaintiff maintained an accurate and running record of all debits and credits to the credit card account in its books of account 13. Plaintiff mailed defendant a written statement each month which accurately stated the debits and credits to the credit card account for the prior billing period. 14. Defendant received the monthly statements from plaintiff for the credit card account including the statement attached hereto as Exhibit B statement without protest, dispute or objection. 15. Defendant in not protesting, disputing or objecting to the statements including the Exhibit B statement thereby assented and agreed to the correctness of the balance due on the credit card account so as to constitute an account stated. 16. The amount due plaintiff on the account stated, less credits, if any issued subsequent to the Exhibit B statement, is $4,273.23. Wherefore, plaintiff demands judgment against defendant on Count II for the sum of $4,273.23, and the costs of this action. Wherefore, plaintiff demands judgment against defendant for the total sum of $10,788.60, and the costs of this action. BURT7 & ASSOCIATES, P.e. .~ Sy:~_t Burton Neil, 'quire Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. 08/02/04 NlltWlf@Mg~ $6515.37 tMiWA'#W& $9999.99 ;%i.ill!~#l~'l SITE:KC-CL TM:CO-5000 07/13/04 ACID:KC87150 19:38:22: MICHELE CLOUSER ATTNY ACCOUNT-CODE=,N34 MECHANICS8URG 17055-3350000 C IT I CARDS P.O. BOX 8104 S HACKENSACK, NJ 07606-8104 PA Clti" Platinum Select" Card AccolMlt Numf)er 5424 1806 5230 1539 Customer 5ervfce: 1-800-950-5114 BOX 6500 SIOUX fALLS. SD 57117 Se.. Date Post Det. Total Credit Line $7000 St.at.m.ntf Closln9 Dlt. 07/07/2004 Ref.re.ce Number Av.rtable Creclft LIne Cnh AdVlnet' Limit $0 $2100 Amount Dvtr Ci.r.dlf line Past Due ~O.OO $1980.67 Ac:tlvlty Since Last Statem.nt effr Avall.ble C.asll Limit $0 P.r'h/Aclv M}nhnum CUlt $140.00 Hew Salanu $6515.37 Minimum $ Amount Dut 6515.37 AmQunt Help is available! Please call the toll~free number shown above to learn about our special payment options. Call Monday - Friday, 7 am to 9 pm. or Saturday, 8 am to 5 pm. Central Time. Please give us the opportunity to assist you. Please see the enclosed privacy notice for important information. Account SUmmary PURCHASES ADVANCES TOTAL Previous BeI/ance- $6,515.37 $0.00 $6,515.37 (-) Pavmants !; Credits 10.00 0.00 0.00 (+) Purchases &. Advances 10.00 0.00 0.00 Rat. Summery PURCHASES Standard Purch Offer 5 ADVANCES Standard Adv Balance Subject to Fln!nce Charge Periodic Rat. $0.00 $0.00 $0.00 0.07668%ID) 0.07668%ID) 0.07668%ID) (+) FINANCE CHARGE 10.00 0.00 0.00 (=) N.w 6alance $6,515.37 $0.00 $6.515.37 Davs This BlUIng P.rfod: 33 Nomina' ANNUAL APR PERCENTAGE RATE 27.990% 27.990% 27.990% 27.990% 27.990% 27.990% EXHIBIT A Your 'Auir lfnir:ersal card Statement AugusI 13 - September 12, 2003 MICHELE CLOUSER Accounl 5491 1303 0294 3717 Calling Card 9610791873 + PIN No Annual Fee/Platinum Card Minimum Payment Due......................................... $458.11 Due Date-................................................. October 1, 2003 ~Pilym.nt muse be received by 1:00 pm local time on the Plr)'mfInt due dite. Amount Past Due.................................................. $357.23 Credit Line................ . Available Credit......... .."............ Cash Advance Umit.................. Available Cash Advance Limit ,,,,, $4,500,00 ", $226,00 . '''''''' $1,400,00 .""" $226,00 Eravioll<;' Bar;;!nca ~fs and Adjustments-..- M:.c:tAf Card ActiVIty Total AT&T Services New Balance Note: Detailed activity starts on page 3. 41'1 B8 000 15155 000 $4,273.23 Univerul Savings Total points."........... ".".548 Log on to our lNebsite at www.universalsavings.cam where rewarding yourself has never been easier. Review your pOln balan~ and when you're ready. you can even redeem onlme. Payment Record Amount Paid; Page 1 ot 3 . AT&T How To Reach Us Account Online: www.universalcard.com Customer Service: 1 aDO 423-4343 or write Cardmember Services, PO Box 44167 Jacksonville, FL 32231-4167 Your account is seriously past due and your credit privileges have been suspended. Please call the toll-free number shown above to learn about our special payment options. A Change in Tenns Notice is enclosed. Please review it for important information about changes to your Credit Protector program. Do you know about SO Liability? If your AT&T Universal Card account number is ever compromised-even online--you won't be liable for any unauthorized charges. Date Paid: Check Number: Please follow payment ioslrucliom3 outlined In the -Inlportaot InslnJctioos for Making Payments- section of the statement. Account Numi;)er Pavment Due New aalance Minimum ~nt Enter Amount Enclosed 5491 1303 0294 3717 10/01103 ..., you pro....ld. In I-mill ltdllr..a, ~ mil' us_ It 10 contlcl you tbOU! l'our llc;count.W.mllral$OlI5.rour.-~II.ddr.lSloal!nd\fOtlil1lo"lIlilljo".bout produo1511ndaervl(lelyoumlQhtnnduaefl,J1. I ~6S He DD A J AR7050..,.. 1...11I...111...,1.1.,1.1.,.11...11..1.1.11..,...11.1.1..1.1,1 MICHELE CLOUSER 15 E PORTLAND ST MECHANICSBURG PA 17055-3350 $4,273.23 $ $458.11 ....... ClOy .......... Siate Zl, Home phone ( Emall" Busblss phone ( ) Make (heck pay.able to: AT&T universal Card 111..,1...1.11..11....11..1../,..1.111...1..1.,.11.1 AT&T UNIVERSAL CARD PO BOX 8208 SOUTH HACKENSACK NJ 07606-8208 11.1.1,,111111..1,.11111..1,11,1,1.1,,1111..111,1.1.11.1,1,11I EXHIBIT 54911303029437170000458110004273233 0.. MICHELE CLOUSER Accounr 5491 1303 0294 3717 August 13 - September 12, 2003 In the return envelope, please: 1 Encloseyourcheckormooeyorder.lncJude your account number and name on the front of your check or money order. Please, no cash or foreign currency. 2 Enclose your payment coupon. Do not staple or tape it to your payment Insert the payment coupon so thaI the entire AT&T Universal Card address appears through lhe window of your remittance envelope. Page 2 01 3 OATaT MICHELE CLOUSER Account 5491 1303 0294 3717 August 13 - September 12, 2003 Page30t3 . AT&T Purchases.....................................................,............................,............,......................................................20.67 Cash Advances and ChecKs................,.........,......................................................,........................................ 0.00 Financ:eCharges...........................................................................................................................................95.88 Fees.........................................................,............,.........................................,...............................................35.00 Tolal MaslerCard Acli.ity....................................................................................................................... $151.55 4Ll1 Purchaoe. Total MasterCard Purchases............................................ $20.67 I Standard Purc::h Trans Po!:t 09/12 Standard [)Aotr.ript'ton CREnlL PROTECTOR fEf Purch Amollnt $20.67 $20.67 Total \$I r Cash Advances Cash Advance Umil ..... $1,400.00. *This represents a portion of your total credit line. F'mance Charge Information Nominal APR Days In Balance Periodic x Billing x Subject 10 Ra', Period FinancE! Charge 07668% (D) x 3. x $4.167,84 = 0766B%(D} x 3. x 1000 = PerJodlc EJNAIH;E CHM!H Trensactlon + FeefEJJJANJ;E ~ ANNIJAJ. PERCENTAGE RATE PURCHASES Standard Purch 27.990% CASH ADVANCES Standard Adv 27.990% $95.8B + $0.00 27.990% $0,00 + $0,00 27.990% Total FINANCE CHARGE $95.88 I Fees I I Standard Purch Tr3ns Post 09/12 Total Fees DSSr.riplinn LATF rrr AUG PAYUfNT PAST our Amount 35.00 $35.00 A T& T Universal Calling Card Calls .. .... ...... .. .., $0.00 Unlveroal Saving. .I..:......~...-~.- ~ POINTS as at SEPTEMBER 2003: Previous Points Balance.... ................ ................ ......... .w...... . '" 527 Purchase Points Earned Last Period . ............... ....... 21 Total Points.....,............,....................................... ..,...................................................................,......................548 " Verification SUSAN CAREY is an attorney management specialist for Citibank (South Dakota), N.A. and Citicorp Credit Services, Inc., wholly owned subsidiaries ofCitigroup, the within Plaintiff in this action. She/he verifies that the statements of fact made in the foregoing Complaint are true and correct to the best of her knowledge and belief. The undersigned understands that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: "/ 1~8IC:J'-I '5'-i"t II--:::,<:::>-scDl9 '-l"b.'i Account number: 5424180652301539 Defendant: MICHELE CLOUSER 7::.J P "'9. t\ ~ ~ >-J C9 ?a~ ~ --J:- (', r-,..) '--j ~ . _~.l :,- \.-::.1 - ;,..) L'i C,..~ August 31, 2004 Michele Clouser 15 E Portland Street Mechanicsburg, P A 17055 Defendant in Pro Per IN THE COURT OF COMMON PLEAS CITIBANK (SOUTH DAKOTA),NA, CUMBERLAND COUNTY, PENNSYL VANIA Vs. Plaintiff, NOP4'3913 MICHELE CLOUSER ANSWER Defendant(s), f)1Z6ttJ8- 7V (J1)fJ<:.(-JL/l-.t.- X T MICHELE CLOUSER ("Defendant"), herby answers the Complaint ofCITIBANK (SOUTH DAKOTA), N.A. ("Planitff') for its self alone as follows and generally, denies the allegations of the Complaint based on lack ofinfonnation and belief: FIRST AFFIRMATIVE DEFENSE (Failure to State a Cause of Action) The Plaintiff has failed to state facts upon which relief can be granted. SECOND AFFIRMATIVE DEFENSE (Statutes of Limitation) The Plaintiff has failed to bring his claim within the applicable statute of limitations. THIRD AFFIMA TIVE DEFENSE (Failure to Mitigate) The Plaintiff has failed to take reasonable steps to mitigate the Plaintiff s damages as alleged in the Complaint. WHEREFORE, Defendant requests that: 1. Plaintiff takes nothing by way of his Complaint; and 2. For Defendant's cost of suit. Dated: ~/311 01 .dL;) -yfj,AJ.. , (!/~ ~'" Clouser Defendant in Pro Per (") <;~ ..,,.. 0~:L: ::~ ;co U) I:~:!.".- /:-; ( ; :';:-:;'( 7-':' :< . ...., = = .,- V> r'"1 -0 I c.,;; o -n :=J ..L "T1 nlp -om TI? g~. -\..- -1~ ()(") ~,:':tn 2 ~ -- -v ::II: ~ r C/' CASE NO: 2004-03913 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS CLOUSER MICHELE CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE CLOUSER MICHELE was served upon the DEFENDANT at 0020:21 HOURS, on the 18th day of August , 2004 at 15 EAST PORTLAND STREET MECHANICSBURG, PA 17055 MICHELE CLOUSER by handing to a true and attested copy of NOTICE COMPLAINT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 7.40 .00 10.00 .00 35.40 Sworn and Subscribed to before me this ILk day of lF~v J.()o<.{ A.D. (.~ u-o.~/~ Mothonotary So Answers: ~~~~ R. Thomas Kline 08/19/2004 BURTON NEIL & ASSOC. ~ /"-7) /J '------.'- -". ...- ,/ /~ ~ By: / ,<' AY ~ (t- ...4.-4--zd// /'tC;?/ /' Depu y ~riff / BURTON NEIL & ASSOCIATES, P.c. Yale D. Weinstein, Esquire, Id. no. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CrrIBANK (SOUTH DAKOTA) N,A. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 04-3913 MICHELE CLOUSER Defendant CIVIL ACTION - LAW Motion of Plaintiff for Judgment on tile Pleadings Now comes plaintiff by its undersigned attorneys, and moves this Honorable Court pursuant to Rule 1034 of the Pennsylvania Rules of Civil Procedure, for judgment on the pleadings and in support thereof states: 1. Plaintiff filed a two-count complaint against defendant for the credit card account balances due it. 2. Defendant filed an answer to the complaint which included three affirmative defenses, 3. The pleadings are closed. 4. There are neither factual nor legal issues before the Court creating a need for trial. Therefore, plaintiff is entitled to judgment as a matter of law. Wherefore, plaintiff moves this Honorable Court for judgment on the pleadings. BURnNEIL & ASSOCIATES, P.C. Bt: " Y ~l~ einstein, Esquire Atfley for Plaintiff In making this communication, we advise our firm is a debt collector. BURTON NEIL & ASSOCIATES, P.C. Yale D. Weinstein, Esquire, Id. no. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITffiANK (SOUTH DAKOTA) N.A. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. No. 04-3913 MICHELE CLOUSER Defendant CIVIL ACTIO:~ - LAW Plaintiff's Memorandum of Law in Support of Judgment on the Pleadings Against Defendant I. Facts and Procedural History Plaintiff filed a two-count complaint against defendant to recover the balances past due on two credit card accounts. Both counts were identical in their averments except the account number and the balance owed. Plaintiff s action is based on an account stated. Defendant filed a pro se answer which was a one-sentence general denial to the e:ntire complaint. Defendant also plead three affirmative defenses barren of any facts. The pleadings in this action are closed. The matter is be:fore the Court on plaintiffs motion for judgment on the pleadings under Pa.RC.P. 1034(a). II. Question Presented Whether plaintiff is entitled to judgment on the pleadings under Pa.RC.P. 1034 (a) where defendant's response to the complaint set forth no facts in denial ofthe allegations ofthe complaint? m. Argument A. Standard for Decision of Motion Pa. RC.P. 1034 provides: (a) After the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, any party may move for judgment on the pleadings. Note: Only the pleadings betwee:n the parties to the motion for judgment on the pleadings must be closed prior to filing the motion. (b) The court shall enter such judgment or order as shall be proper on the pleadings. "The motion for judgment on the pleadings should be granted only in clear cases, which are free from doubt, and where there are no issues of fact. The deciding court should grant judgment only where the case is so clear that a trial would clearly be a "fruitless exercise." 6 Standard Pennsylvania Practice 2d Section 31 :45 and the cases cited therein. Even under this stringent standard, plaintiffis entitled to judgment since the defendant's pro sel answer effectively admitted plaintiffs case. Proceeding to trial despite those admissions would indeed be a fruitless exercise. B. General Denials to Factual Complaint Avermtmts Are Admissions Under the Pennsylvania Fact Pleading System. Pa R.C.P. 1029(a) provides: A responsive pleading shall admit or deny each averment of fact in the preceding pleading or any part thereof to which it is responsive. A party denying only part of a pleading shall specify so much of it as is admitted and shall deny the remainder. Admissions and denials in a responsive pleading shall refer specifically to the paragraph in which the averment admitted or denied is set forth. Defendant's answer to the complaint failed to respond to the allegations in a paragraph by paragraph format. Rather, defendant chose to plead, "[Defendant] generally denies the allegations of the Complaint based on lack of information and belief. " (Emphasis added.) In addition to violating Rule 1029(a), defendant with her general denial also runs afoul ofPa.R.C.P. 1029(b), which provides: Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by subdivisions (c) and ( e) of this rule, shall have the effect of an admission. Defendant effectively admitted all of the allegations of the complaint. Defendant admitted for both counts that she received the credit card, agreed to the balance due, and thus under account stated law, plaintiff is entitled to the sums demanded in the complaint. 1 That Defendant has chosen to proceed without an attorney does not entitle her to more lenient application of the Rules of Court, absolve her of adherence to the Rules of Civil Procedure or free her from the risk of adverse consequences for failure to do so. See Peters Creek Sanitarv v . Welch, 545 }la. 309, 681 A.2d 167, 170 (1996) ; Jones v. Rudenstein, 401 Pa. Super. 400, 585 A.2d 520 (1991) appeal deniet!, 529 Pa. 634, 600 A. 2d 954 (1991); Faretta v. California, 422 US 806, 834 n. 46, 955 S.Ct. 2525, 2540 n.46, 45 L.Ed.2d 562,581 n 46 (1975). As such, defendant cannot now be heard to contradict the complaint's averments. This result flows from the nature of a judicial admission. As stated in Packel & Poulin, Pennsylvania Evidence, 2d Ed., Section 127, p. 30: Evidentiary admissions are to be distinguished from judicial admissions. Judicial admissions are not evidence at all. Rather, they are formal concessions in the pleadings in the case or stipulations by a party or its counsel that have the effect of withdrawing a fact from issue and dispensing wholly with the need for proof of the fact. Thus the judicial admission, unless allowed by the court to be withdrawn is conclusive in the case, whereas the evidentiary admission is not conclusive but is always subject to contradiction or explanation. (Emphasis added.) In Jewelcor Jewelers & Distributors v. Corr, 373 Pa. Super 536,542 A.2d 72 (1988), the Superior Court addressed the effect of a judicial admission, as follows: A judicial admission is an express waiver made in court or preparatory to trial by a party or his attorney, conceding for the purposes ofthe trial, the truth of the admission. It has the effect of a confessory pleading, in that the fact is thereafter to be taken for granted, so that the opposing party need offer no evidence to prove it and the party by whom the statement was made is not allowed to disprove it. See 9 Wigmore, Evidence Section 2588 (Chadbourne Rev. 1981). It is axiomatic that a judicial admission cannot be contradicted by the party that made it. See Tops Apparel Mfg. Co. v. Rothman, 430 Pa. 583,244 A. 2d 436 (1968). Defendant's affirmative defenses are not a bar to judgment on the pleadings. Under Rule 1019(a), "The material facts on which a cause of action or defense is based shall be stated in a concise and summary form." None of the defenses averred any facts. Plaintiff need not respond to these conclusions oflaw as per Pa.R.C.P. 1029(d). The defendant having admitted the allegations of the complaint, there are no factual issues before the Court which would require a trial. IV. Conclusion Plaintiff submits judgment on the pleadings should be entered under Pa.R.c.P. 1034(a) on its behalf and against defendant for the sum demanded in the complaint plus the costs ofthis action. BURTON NEIL & ASSOCIATES, P.C. / BY: Yale. einstein, Esquire Arti y for Plaintiff In making this communication, we advise our firm is a debKollector. BURTON NEIL & ASSOCIATES, P.c. Yale D. Weinstein, Esquire, Id. no. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attornev for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-3913 MICHELLE CLOUSER Defendant : CNIL ACTION - LAW Certificate of Service Yale D. Weinstein, Esquire, being duly sworn according to law, deposes and says that he is attorney for plaintiffCitibank (South Dakota) N.A., that he served a true and correct copy ofplaintiffs Motion for Judgment on the Pleadings, supporting Memorandum of Law, request to Submit on Briefs and proposed Order on defendant by first class U.S. Mail, postage prepaid on the date set forth below. Dated: ~ In making this communication, we advise our firm is a debt collector. ( '"", .) l ---l ) , ~.. , 1 , -I ._--1 l , -T-j ( -j I n I,,) : C_; -~l (,) C'; ~. BURTON NEIL & ASSOCIATES, P.e. Yale D. Weinstein, Esquire, Id. no. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. No. 04-3913 MICHELE CLOUSER Defendant CIVIL ACTION - LAW Motion of Plaintiff for Judgment on the Pleadings Now comes plaintiffby its undersigned attorneys, and moves this Honorable Court pursuant to Rule 1034 of the Pennsylvania Rules of Civil Procedure, for judgment on the pleadings and in support thereof states: 1. Plaintiff filed a two-count complaint against defendant for the credit card account balances due it. 2. Defendant filed an answer to the complaint which included three affirmative defenses. 3. The pleadings are closed. 4. There are neither factual nor legal issues before the Court creating a need for trial. Therefore, plaintiff is entitled to judgment as a matter of law. Wherefore, plaintiff moves this Honorable Court for judgment on the pleadings. B einstein, Esquire ey for Plaintiff In making this communication, we advise our firm is a de t collector. , . BURTON NEIL & ASSOCIATES, P.c. Yale D. Weinstein, Esquire, Id. no. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITlBANK (SOUTH DAKOTA) N.A. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-3913 MICHELLE CLOUSER Defendant : CNIL ACTION - LAW Certificate of Service Yale D. Weinstein, Esquire, being duly sworn according to law, deposes and says that he is attorney for plaintiffCitibank (South Dakota) N.A., that he served a true and correct copy of plaintiffs Motion for Judgment on the Pleadings, supporting Memorandum of Law, request to Submit on Briefs and proposed Order on defendant by first class U.S. Mail, postage pre . on the date set forth below. Dated: ;VCr In making this communication, we advise our firm is a debt collector. (") f-": 4';'''- ;c; :~ :~~f rr (~,:~; '". s-:: c ;f:.s: -':-=:1 -<. t-...) <:::> <= c.n <- :r."" z o 11 :r! nl :II ""0 Fn :n C-' (5 i~ :-, (~) --r: =+. c) _._J .:;7() oni --I ~ .< I 0"1 " :::t;: .r:- C'l W PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CITIBANK (SOUTH DAKOTA) NA Plaintiff v. MICHELE CLOUSER Defendant No. 3913 Civil Action-Law 2004 L Matter to be argued: Plaintiff's Motion for Judgment on the Pleadings 2. Identify counsel who will argue case: ( a) for plaintiff: BURTON NEIL & ASSOCIATES, P.CO Burton Neil, Esquire ID# 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (b) for defendant: Pro se 15 East Portland Street Mechanicsburg, P A 17055-3350 3. I will notify all parties in writing within two days that this case has been listed for argument. l 4. Argument Court Date: March 23,2005 .1" II / .> , ,,- ~uin\:;;;;, Esquire Attorney for Plaintiff '70 3 :t::::c- ~ -r\ 1"'"' <:P "'" -C" ~ Y.? vJ BURTON NEIL & ASSOCIATES, P.c. By: Burton Neil, Esquire Identification No: 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-692-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) NA Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 3913 Civil 2004 MICHELE CLOUSER Defendant: CIVIL ACTION - LAW Certificate of Service Burton Neil, Esquire, being duly sworn according to law, deposes and says that he is attorney for plaintiffCitibank (South Dakota) N.A., that he served a true and correct copy of the Praecipe for Listing Case for Argument on defendant, Michele Clouser, by first class mail, postage pre-paid on the date set forth below. ) '-..... ( __-L-f ,- Burton ~eil, Esquire Dated: ...).-I&-I / V"') ;,.... In making this communication, we advise that this office is a debt collector. 7'0 ,. L l5 9; --<\ Tn be \'-> S -1'J 3- v.? (;:> MICHELE CLOUSER 15 E Portland Street Mechanicsburg, P A 17055 Defendant CITIBANK (SOUTH DAKOTA) NA Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA No. 04-3913 MICHELE CLOUSER Defendant : CIVIL ACTION - LAW Motion for Continuance I , Michele Clouser, am asking for a continuance of six weeks from the date of March 23, 2005 for the above mentioned court argument date. I am unable to drive for six weeks. I have a broken right fibula- with a cast up to my knee on my right leg. I am currently under the care of Dr. Goltz who is with the Orthopedic Institute of Pennsylvania. Their number is 717-761-5530 if you need more information. Your consideration in this matter is greatly appreciated. MICHELE CLOUSER , BY: /11<<it, lff luu,xJ .P~ Ml<thele Clouser Defendant " ----. -------- CITIBANK (SOUTH DAKOTA) NA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW MICHELE CLOUSER, Defendant NO. 04-3913 CIVIL TERM IN RE: MOTION OF PLAINTIFF FOR JUDGMENT ON THE PLEADINGS BEFORE HESS and OLER, JJ. ORDER OF COURT AND NOW, this 24th day of March, 2005, upon consideration of the Motion of Plaintiff for Judgment on the Pleadings, and of the briefs submitted by the parties, the motion is granted and judgment is hereby entered on behalf of Plaintiff Citibank (South Dakota) N.A. and against Defendant Michele Clouser in the sums of $6,515.37 for Count I and $4,273.23 for Count II, for a total judgment of$10,788.60, plus costs of suit BY THE COURT, .A'furton Neil, Esq. 1060 Andrew Drive Suite 170 West Chester, PA 19380 Attorney for Plaintiff L-Mfchele Clouser 15 East Portland Street Mechanicsburg, P A 17055-3350 Defendant, pro se I f~~ , ~05 0.')'1-' ':,~;/<nJ s;;; :2 Hd 1]2 HVH saUl 'U\iJ.('\:r\'~,O',U :1Hl -'0 Iv..;., . ,I, ~\'J!l;. ,".IQ.4 .:.i 38!:l:KrCBlL:l . .. F: \FI LESIDA T AFILEIDickinsonCollege 7619\Col1ections\C~rrem\264. pral Created: 1/4/05 9:55AM Revised 2/251059:43A:vl 7619C264 David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-4078 CIVIL ACTION-LAW VICTOR DEL VILLAR AND ANA CELIA ORTIZ, Defendants JURY TRIAL OF TWELVE DEMANDED PRAECIPE TO THE PROTHONOTARY: Enter default judgment in the above-captioned action in favor of Plaintiff and against Defendants as follows: Principal plus interest through June 29, 2004: Interest from June 29, 2004, through February 25,2005: Attorneys' fees: Total Judgment: $1,972. 79 $ 60.25 $ 500.00 $2,533.04 Costs of suit and interest accruing at $.25 per day from February 25,2005, shall be added to the Judgment for Defendants' failure to file an Answer to the Complaint I do hereby certify that a written notice of intention to file this Praecipe (in the form attached hereto) was mailed to Defendants at their last known address on December 17,2004, which date was subsequent to the date default occurred and at least ten (10) days prior to the date of the Praecipe. MARTSON, DEARDORFF, WILLIAMS & OTTO <: Dated: February 25,2005 By David R. Galloway, J.D. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff . cs=7) ((.2) =@ =2S F\FILlS\DXf AFII.E\Dickin:;onClJlkgc 761 9\ColkctionsICullcnl\264.1 OdaYllc1C Cn:al~J 1!II7/O.. 941AM I{~\'i,cd ]2/17/0494lAM David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-4078 CIVIL ACTION-LAW VICTOR DEL VILLAR AND ANA CELIA ORTIZ, Defendants JURY TRIAL OF TWELVE DEMANDED TO: VICTOR DEL VILLAR IMPORT ANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARlNG AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 Telephone:(717) 249-3166 MARTS ON DEARD.>ORF ILLIAMS & OTTO ,-r----- {/I By. . ( David alloway, Esquire LD. 87326 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: December 17, 2004 Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Jean Taylor, an authorized agent of MARTS ON DEARDORFF WILLIAMS & OTTO, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. Victor Del Villar 1920 Merrimac Avenue Adelphia, MD 20783 Ms. Ana Celia Ortiz 1920 Merrimac Avenue Adelphia, MD 20783 MART. SON DEARDORF FW.{"IAMS & OlTO /-, _____i / I ~. i , ' .. ; ( c. ' By,,--. ... ..-'~ .. Jean aylor Tenc ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 25,2005 ,..., -- \J ~ <_.cl ~ 7":> ~ ,~ ~ ~ c ~ - ~ c;::-. - '31- (' ~ -I:. ~ '" c ..c:. <S-- '-" "'::5 .s ~ " 0 );;) ~- .... ~- 0 ~ ~ --. <>- \ X: '-.:.-- David R. Galloway, Esquire MARTSON DEARDORFF WILLIAMS & OTTO LD. 87326 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DICKINSON COLLEGE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-4078 CIVIL ACTION-LAW VICTOR DEL VILLAR AND ANA CELIA ORTIZ, Defendants JURY TRIAL OF TWELVE DEMANDED NOTICE OF ENTRY OF DEFAULT JUDGMENT TO: VICTOR DEL VILLAR AND ANA CELIA ORTIZ, DEFENDANTS You are hereby notified that on r; b J<:; , 2005, the following Judgment was entered against you in the above-captioned case as follows: Principal plus interest through June 29, 2004: Interest from June 29, 2004, through February 25,2005: Attorneys' fees: Total Judgment: $1,972.79 $ 60.25 $ 500.00 $2,533.04 Costs of suit and interest accruing at $.25 per day from February 25,2005, shall be added to the Judgment for Defendants' failure to file an Answer to the Complaint. tt0lAt; ,"f4.a 'Prothonotary I hereby certify that the name and address of the proper person to receive this notice under Pa. R. Civ. P. 236 is: Mr. Victor Del Villar 1920 Merrimac Avenue Adelphia, MD 20783 Ms. Ana Celia Ortiz 1920 Merrimac Avenue Adelphia, MD 20783 Date: February 25,2005 By \ David R. Galloway Attorneys for Plaintiff BURTON NEIL & ASSOCIATES, P.C. BY: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 ATTORNEY FOR: Plaintiff ClTIBANK (SOUTH DAKOTA) NA : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLV IA VS. : NO. 04-3913 MICHELE CLOUSER Defendant : CIVIL ACTION - LAW Praecipe for Entry of Judgment on Order of Court To the Prothonotary: Enter judgment on order of court on behalf of the plaintiff, Citibank (South Dakot ) N.A., and against the defendant, Michele Clouser, and assess damages in the sum of$6,515.37 or Count I and $4,273.23 for Count II, for a total judgment of $10,788.60, less payments of $3,000.00, for a grand total of$7,788.60 plus costs. BURTON)lEIL & ASSOCIATES, .c. ~~~~eil~~t Attorneys for Plaintiff And now, this J q~ay of {)f~ l , 2005 judgment is entered on behalf 0 the plaintiff, Citibank (South Dakota) NA and against the defendant, Michele Clouser, and damages in the sum of$6,515.37 for Count I and $4,273.23 for Count II, for a totaljud $10,788.60, less payments of$3,000.00, for a grand total of$7,788.60 plus costs. Prothonotary of Cumberland Coun In making this communication, we advise that this office is a debt collector. CITIBANK (SOUTH DAKOTA) NA, Plaintiff 1, 6~ I~ ~~~(j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA " v. CIVIL ACTION - LAW MICHELE CLOUSER, Defendant NO. 04-3913 CIVIL TERM IN RE: MOTION OF PLAINTIFF FOR JUDGMENT ON THE PLEADINGS BEFORE HESS and OLER, JJ. ORDER OF COURT AND NOW, this 24th day of March, 2005, upon consideration of the Moti of Plaintiff for Judgment on the Pleadings, and of the briefs submitted by the parties motion is granted and judgment is hereby entered on behalf of Plaintiff Citibank (S uth Dakota) N.A and against Defendant Michele Clouser in the sums of $6,515.37 for C unt I and $4,273.23 for Count II, for a total judgment of $10,788.60, plus costs of suit BY THE COURT, ~on Neil, Esq. 060 Andrew Drive Suite 170 West Chester, P A 19380 Attorney for Plaintiff Michele Clouser 15 East Portland Street Mechanicsburg, P A 17055-3350 Defendant, pro se BURTON NEIL & ASSOCIATES, P.e. BY: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 ATTORNEY FOR: Plaintiff CITIBANK SOUTH DAKOTA NA 701 E 60th Street N Sioux Falls, SD 57117 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL Y AN YS. : NO. 04-3913 MICHELE CLOUSER 15 East Portland Street Mechanicsburg, P A 17055-3350 Defendant : CIVIL ACTION - LAW Certification of Address and Affidavit of Non-Military Understanding that false statements herein are subject to penalty under 18 Pa. e.S. Sect on 4904 relating to unsworn falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment creditor and debtor. 2. Pursuant to Section 201(b)(I)(A) of the Service members Civil Relief Act of2003 ( RA) the defendant is not in the military service of the United States based on information received fro the defendant and/or the Department of Defense website. BURTON JElL & ASSOCIATES, P.C. By: ~...~ ~urt . eil, , squire Attorney for Plaintiff In making this communication, we advise that this office is a debt collector. ~ Ie) ~ -'g :-0 L fl \ 0 ~ ...... tv SJ C - ~ ~ P- ()\ c) "" tT. Vt 1:> c = C) ~ e;? .o=- C.f1 -n K , :;:,.. ..--\ ~ ~ " ~T~ :D >..J f-~ ."nm "" . \':::; -~. .. C.1 C:) BURTON NEIL & ASSOCIATES, P.c. By Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK SOUTH DAKOTA NA : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO, 04-3913 MICHELE CLOUSER Defendant : CIVIL ACTION - LAW PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Mark the judgment Satisfied on payment of your costs only. mrRTO:2 & ~SS~ClAm, PC By; ..-" Burton Neil, squire Attorney for laintiff The law firm of Burton Neil & Associates is a debt collector. 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