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Home My WebLink About05-2833 BURTON NEIL & ASSOCIATES, P.c. By: Burton Neil, Esquire Identification No. I 1348 1060 Andrew Drive, Suite 170 West Chester, PAl 93 80 (610) 696.2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. 701 East 60th Street North, Sioux Falls, SD IN THE COURT OF COMMON PLEAS Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH D CARACIOLO 1203 Edinburg Circle New Cumberland PA 17070-2249 NO. oS -OU'J..J GOl.L ~~ Defendant : CIVIL ACTION. LAW 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LA WYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PAl 7013 Telephone No. 717.249.3166 or 800.990-9108 C-4581 BURTON NEIL & ASSOCIA TES, 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) N.A. 701 East 60th Street North, Sioux Falls, SD Plaintiff IN THE COURT OF COMMON PLEAS v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 6S- .:2.1'..33 (l{~.:.L 'j-k~ JOSEPH D CARACIOLO 1203 Edinburg Circle, New Cumberland, PA Defendant : CIVIL ACTION. LA W Complaint 1. The plaintiff is CITlBANK (SOUTH DAKOTA) N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. The defendant is Joseph D Caraciolo, who resides at 1203 Edinburg Circle, New Cumberland, Cumberland County, Pennsylvania. 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 5424] 80131502962 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 of the 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 $2,582,58. ofthis action. Wherefore, plaintiff demands judgment against defendant for the sum of $2,582,58, and the costs /-.. BURJ'~SSOCI^7I;S' P,c. r ._" ,.-. , "". L....- .~ The law firm of Burton Neil & Associates, P,C. is a debt collector. ". 05/13/04 ~~~mli~m~~~€i!!j1 $2582.58 $9999.99 SITE:KC'CL ~~~~~Mf~ijj~~j@~~ ~j~j~ji~j~@ij~j~~@t JOSEPH D CARACIOLO 1203 EDINBURG CIRCLE NEW CUMBERLAND 17070.2249000 PA CITI CARDS P.O. BOX 8113 S HACKENSACK, NJ 07606 '8113 Citi~ Dividend Platinum Select~ Card Account Number 5424 1801 3150 2962 Customer Service: 1-800.925.8871 80X 6500 SIOUX FALLS. SD 57117 Sail Date Post Date R.f.r.n~ Number 4/19 4/19 Account Summary PURCHASE5 ADVANCE5 TOTAL Rate Summary PURCHASES Standard Purch ADVANCE5 Standard Adv Total Cr~dit Line $2220 St.t.m.ntl Cl051n9 Date 04/19/2004 Available Credit Line Cash Aclvante limit $0 $200 Amount Over Credit U". Past Dut $362.58 + $519.36 Activity Since last SI.tern.nt Standard Purch OVER CREDIT LIMIT FEE 62 0000 PURCHASES-FINANCE CHARGE"PERIODIC RATE 84 0000 Available Cash limit $0 Purch/Adv MI'.l!mum Due ~66.73 Help is available! Please call the tol1~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. TM:CO'5000 03/30/05 cffr New e.,lance $2582.58 Minimum Amount Due $2582.58 ........'" 35.00 0000000000 61. 73 0000000000 EXHIBIT A revlous (+) Purc ases (.) eymen s +J N C (=J ew Balance & Advances & Credits CHARGE Balance $2,485.85 $35.00 fO.oo $61. 73 $2,582.58 $0.00 $0.00 0.00 $0.00 $0.00 $2,485.85 $35.00 0.00 $61. 73 $2,582.58 l!l ance U Jec 0 Finance Charge tlno Ie R.te Da s ThIs Blllln Period: 32 Nomina ANNUAL APR PERCENTAGE RATE $2,515.62 $0.00 0.07668%(0) 0.07668%(D) 27.990% 27.990% 27 . 990% 27.990% ACID: KCB7150 20:21:13: ...... Verification I, Jaime Payne am an employee of Citicorp Credit Services, Inc., (USA) which is by contract the service provider for plaintiff CITIBANK (SaUTH DAKaTA) N.A. retained to perform services including but not primarily limited to collecting delinquent debt. I am authorized to make this verification as attorney-in-fact for plaintiff under powers of attorney from plaintiff to Citicorp Credit Services, Inc. (USA) and to me. The foregoing averments of fact in the within pleading are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to the authorities. Date: 5/4 I D5 ~ tJEM ~~ Sign ture Jaime Pay Joseph D. C~~aciolo 5424180131502962 C-4581 ,. _.~' ; .\' , SHERIFF'S RETURN - REGULAR CASE NO: 2005-02833 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS CARACIOLO JOSEPH D CPL. TREVOR KENT , Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CARACIOLO JOSEPH D the DEFENDANT , at 1955:00 HOURS, on the 14th day of June , 2005 at 1203 EDINBURG CIRCLE NEW CUMBERLAND, PA 17070-2249 by handing to JOSEPH CARACIOLO a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 12.58 .37 10.00 .00 40.95 r~~~~~ R. Thomas Kline 06/15/2005 BURTON NEIL Sworn and Subscribed to before By: ,:d~ )( ~ Deputy Sheriff me this ~ ~ day of Cf<<<-- a2tJO} A.D. ( 1nff:4-<- Q )}, f gPJ. , ~ f P othonotary f CITIBANK (SaUTH DAKaT A) N.A., Plaintiff : IN THE CaURT aF CaMMaN PLEAS aF : CUMBERLAND CaUNTY, PENNSYLVANIA v. : Na.: 05-2833 CIVIL TERM JOSEPH D. CARACIaLa, Defendant CIVIL ACTIaN .. LAW ANSWER. NEW MATTER. AND COUNTERCLAIM AND NaW, comes the Defendant, Joseph D. Caraciolo, Pro Se, and files this Answer and Counterclaim, and respectfully avers as follows: ANSWER TO PLAINTIFF'S COMF'LAINT I. Admitted. 2. Admitted. 3. Denied. This paragraph represents a legal conclusion and thus no responsive pleading is necessary. To the extent portions of this paragraph are deemed not to be a legal conclusion, the same are denied. 4. Admitted. 5. Denied. Defendant is without knowledge or information sufficient to form a belief as to the accuracy of this averment. To the extent a responsive pleading is required, the same is denied. 6. Denied. It is denied that Plaintiff mailed Defendant a written statement each month which accurately stated the debits and credits to the credit card acc:ount for the prior billing period. 7. Denied. It is denied that defendant received Plaintiffs exhibit "A," or that Defendant failed to protest, dispute, or object. 8. Denied. This paragraph represents a legal conclusion and thus no responsive pleading is necessary. To the extent portions of this paragraph are deemed not to be a legal conclusion, the same are denied. 9. Denied. Defendant is without knowledge or !information sufficient to form a belief as to the accuracy of this averment. To the extent a responsive pleading is required, the same is denied. WHEREFaRE the Defendant respectfully requests that this Honorable Court dismiss Plaintiff's complaint, or enter judgment in favor of the Def<~ndant along with an award for reasonable counsel fees incurred in defending this action. NEW MATTER 10. Defendant incorporates herein by reference the averments contained in Paragraph one (I) through nine (9) of the foregoing Complaint as if fully set forth. II. Plaintiffs have failed to state a cause of action upon which relief can be granted. 12. The applicable statute of limitations may have expired prior to the institution of this action. 13. Performance of the contract as written may have been impossible, thus relieving Defendant of his duty to perform. 14, The applicable account has previously been satisfi,~ with no outstanding balance 15. The Plaintiff has not established the existence of the debt according to the Statute of Frauds. WHEREFaRE, Defendant respectfully requests that this Honorable Court grant judgment in his favor and against the Plaintiffs to this action, along with awarding Defendant reasonable counsel fees incurred in defending this action. CITIBANK (SaUTHDAKaTA) N.A., Plaintiff : IN THE caURT aF caMMaN PLEAS aF : CUMBERLAND CaUNTY, PENNSYLVANIA v. : Na.: 05-2833 CIVIL TERM JOSEPH D. CARACIaLa, Defendant : CIVIL ACTIaN - LAW NOTICE TO. DEFEND AND CLAIM RIGHTS 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 twenty (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 claims 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 claim or relief requested by the plaintiff. You may lose money or property or other rights important you. YOU SHOULD TAKE THIS PAPER TO YOUR LA 'NYER AT ONCE. IF YOU DO NaT HAVE A LAWYER OR CANNOT AFFORD ONE, GO THE OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YO UWITH INFaRMATION ABaUT AGENCIES THAT MAY OFFER LEGAL SERVIES TO ELIGIBLE PERSONS AT A REDUCED FEE aR NO FEE. Lawyer Reference and Information Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 COUNTERCLAIM 16. Paragraphs one (1) through fifteen (15) are incorporated herein through reference thereto. 17. Plaintiff, by and through its agents, failed to comply with the provisions of 15 U.S.C. Title 41, Subchapter V including: A. The use of unfair or unconscionable means to collect or attempt to collect this debt, including harassing, misleading, and obscene telephone communications; B. Attempting to collect an amount with is not expressly authorized by contract; C. Failure to provide adequate disclosure in accordance with 15 U.S.C.A. ~ 1692g; D. Communicated with the Defendant at the Defendant's place of employment after the Plaintiff knew through written correspondence that the De,fendant's employer prohibits the Defendant from receiving such communication; E. Continued to communicate with the Defendant after receiving written prohibition from doing so in accordance with 15 U.S.C.A. ~ 1692c; F. Threatened to take nonjudicial action to effect dispossession or disablement of property with no right or intention to take such property; G. Threatened to take action that cannot legally be taken or that is not intended to be taken. 18. The use of such practices has caused the Defendant embarrassment and harm, loss of business relations, and loss of income. 19. The persistent and continuing action of Plaintiff's is one that is against the policy of 15 U.S.CA Title 41, Subchapter V. WHEREFaRE, the Defendant respectfully requests this Honorable Court grant judgment in his favor. and against the Defendant, in an amount as authorized by 15 U.S.C.A. Title 41, Subchapter V, and an amount in punitive damages. along with reasonable counsel fees. Date: 0(; /~'1 /05 { ( CITIBANK (SaUTH DAKaTA) N.A., Plaintiff : IN THE caURT aF caMMaN PLEAS aF : CUMBERLAND CaUNTY, PENNSYLVANIA v. : Na.: 05-2833 CIVIL TERM JOSEPH D. CARACIaLa, Defendant : CIVIL ACTIaN .. LAW VERIFICATION I veriJY that the statements made in the foregoing docum'~nt are true and correct to the best of my knowledge, information, and belief. To the extent that any of the averments are based upon an understanding or application oflaw, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. ~ 4904, relating to unsworn falsification to authorities. Date: 0 er!d-. ~;;5 We Sigm'= /; ~ /t- rPh D. Carac1010 CITIBANK (SaUTH DAKaTA) N.A., Plaintiff : IN THE CaURT aF CaMMaN PLEAS aF : CUMBERLAND CaUNTY, PENNSYLVANIA v. : Na.: 05-2833 CIVIL TERM JOSEPH D. CARACIaLa, Defendant : CIVIL ACnaN .. LAW CERTIFICATE OF SERVICE I hereby certiry that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of the same in the United States Mail, Camp Hill, Pennsylvania, through certified mail, return receipt requested, prepaid and addressed as follows: Citibank (South Dakota) NA 70 I East 60th Street north Sioux Falls, SD 57104 Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170 WestChester,PA 19380 Date:(""!& /d-.'1k ( ( Respect~' S71:ted"/i/1 I /, ;3t/?--. Jo h D. Caraciolo, Pro Se 3 Edinburg Circle ew Cumberland, Pennsylvania 17070 () ~ -'C\\' f\!' f ~'_ ~ ;{"".~ .,;, (~;?- :~~ ; ~t~~ ~ q. ~:n ~tQ :9'q g~ :r.-1 on 2'(\"\ 9, ~ ....> <:;> ~ 'c:. ;e- N .p ~ cP .' 01 -l - CITIBANK (SOUTH DAKaTA), N.A. NOTICE TO PLEAD: You are notified to plead to the within Plaintiff's Preliminary Objections inary Objections to Defendant's New Matter and Counterclaim within twenty (20) days from service hereof or a default judgment may be entered against you. (~ ~ Edward J. a'Bri ,Esq., Atty. for Plaintiff : IN THE CaURT aF CaMMaN PLEAS BURTON NEIL & ASSOCIATES, P.C, Edward J, O'Brien, Esquire Identification # 32985 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 ATTORNEY FaR: Plaintiff Plaintiff : CUMBERLAND CaUNTY, PENNSYLVANIA VS. JOSEPH D. CARACIaLO : NO.. 05-2833 CIVIL TERM Defendant : CIVIL ACnaN - LAW P1aintifrs Preliminary Obiections to Defendant's Pleadin\1s Plaintiff, Citibank (South Dakota), N.A., by its counsel, Burton Neil & Associates, P.C., hereby preliminarily objects to pro se defendant's new matter and counterclaim as follows: I. Preliminary Obiections to New Matter A. Failure of a Pleading to Conform to Rule of Court PAR. C. P 1028(a)(2) 1. Paragraph 12 of the defendant's new matter alleged "the applicable statute of limitations may have expired prior to the institution of this action." 2. Contrary to Pa. R. C. P. I019(a), the defendant failed to plead material facts in a concise and summary fashion in support of this alleged defense. 3. Defendant plead this alleged defense conditionally ("may have expired")) but failed to verifY the pleading as prescribed for inconsistent averments in Pa. R. C.P. 1 024(b). Wherefore, plaintiff moves the Court strike the defendant's statute oflimitations alleged defense. B. Failure of a Pleading to Conform to Rule of Court Pa. R. C. P. 1028(a)(2) 5, Paragraph 13 of the defendant's new matter alleged "performance of the contract as written may have been impossible, thus relieving defendant of his duty to perform." 6. Contrary to Pa. R. C. P. 1019(a), the defendant failed to plead material facts in a concise and summary fashion in support of this alleged defense. 7. Defendant plead this alleged defense conditionally ("may have been impossible") but failed to verify the pleading as prescribed for inconsistent avennentsin Pa. R. C.P, 1 024(b). Wherefore, plaintiff moves the Court strike the defendant's alleged inability to perfonn defense. C. Failure of a Pleading to Conform to Rule of Court [PA R. C. P. 1028(a)(2)] 8. Paragraph 14 of the defendant's new matter alleged plaintiff's claim has been paid or otherwise satisfied. 9, Contrary to Pa.R,C.P, 1019(a), the defendant failed to plead material facts in a concise and summary fashion in support of this defense. 10. Contrary to Pa.R.C.P, 1019(h) and (i), the defendant failed to attach the writing (cancelled checks or receipt) on which this defense depends. Wherefore, plaintiff moves the Court strike the defendant's alleged payment I satisfasction defense. D. Failure of a Pleading to Conform to Rule of Court [PAR. C. P. 1028(a)(2)] 11. Paragraph 15 of the defendant's new matter alleged "the plaintiff has not established the existence of the debt according to the Statute of Frauds. 12. , Contrary to Pa.RC,P. lOI9(a), the defendant failed to plead material facts in a concise and summary fashion in support of this defense. Wherefore, plaintiff moves the Court strike the defendant's alleged Statute of Frauds defense. E. Legal Insufficiency ofa Pleading (Demurrer) [PA R. C. P.I028(a)(3)] 13. Paragraph 11 of the defendant's new matter alleged plaintiff's claim fails to state a cause of action. 14. Plaintiff's account stated complaint is legally sufficient. Wherefore, plaintiff moves the Court to dismiss defendant's failure to state a cause of action alleged defense. II. Preliminary Obiections to Counterclaim. A. Failure to Conform to Law or Rule of Court Under Pa. R.C.P. 1028(a)(2). 1. Defendant's counterclaim in its entirety fails to plead specific, material facts on which his alleged counterclaim is based in violation ofPa. R.C.P. 1019(a). 2. Defendant's counterclaim in its entirety fails to plead time, place and items of special damages with specificity in violation of Pa. R.C,P. 10 19(f). 3. Defendant's aforesaid failure to plead time specifically particularly prejudices plaintiff in that the limitations period for the statutory cause of action under which he seeks to recover is one year (15 U.S.C, Section l692k(d)). 4. Defendant in counterclaim paragraph 17 alleges un-named alleged agents of plaintiff's violated the statute under which he seeks to recover. 5. Defendant's counterclaim paragraph 17 fails to plead any specific facts to support the agency allegations therein alleged such as name or a description of the alleged agents who alleged violated the statute, the scope of their alleged agency, whether their alleged tortious acts fell within the agency's scope or were later ratified by plaintiff. 6. Although defendant's counterclaim "wherefore" clause demands punitive damages be assessed against plaintiff, his counterclaim pleads no specific facts that constitute extreme and outrageous conduct toward him that might support punitive damages. WHEREFaRE, plaintiff moves the Court strike defendant's amended counterclaim under Pa. R.C.P. I028(a)(2). B. Lel!:al Insufficiencv of a Pleading (Demurrer) - Pa RC.P. 1028(a)(4) 7, Defendant's counterclaim alleges violations by plaintiffs un-named alleged agents of the federal Fair Debt Collection Practices Act. 8, Under the Fair Debt Collection Practices Act (hereinafter FDCPA) 15 D.S.C. 1692 et seq plaintiff is defined as a creditor, 9, Damages are recoverable for proven breaches of the FDCPA by statutorily defined third party debt collectors. 10. Even assuming defendant had alleged specific acts and actions, which defendant did not, plaintiff as a creditor under the FDCP A would not be liable to defendant. 11. The FDCP A does not provide for vicarious or respondeat superior liability, 12. Defendant has failed to plead or attach a copy of the writing from defendant to the third party debt collector that is required for a request to cease and desist from contacting the statutorily defined "consumer" under 15 U.S.c. Section l692c (c) to be effective. 1 3 ,Although defendant's counterclaim "wherefore" clause demands punitive damages be assessed against plaintiff, such damages are not available under the FDCP A as a matter of law. WHEREFaRE, plaintiff prays the Court determine that defendant's amended counterclaim is legally insufficient and dismiss it with prejudice under Pa R.C.P. 1028(a)(4). Burton Neil & Associates, P.C. By Edward J. a'Brien, Attorney for Plainti o~ NaTICE: In making this communication, we advise our firm is a debt collector. BURTON NEIL & ASSOCIATES, P.C. Edward J. O'Brien, Esquire Identification # 32985 1060 Andrew Drive. Suite 170 West Chester, PA 19380 (610) 696.2120 ATTORNEY FOR: Plaintiff CITIBANK (SOUTH DAKOTA), N.A. : IN THE COURT OF CaMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. JOSEPH D. CARACIOLO : NO, 05.2533 CIVIL TERM Defendant : CIVIL ACTION. LAW CERTIFICATE OF SERVICE This is to certify that in this case complete copies of all papers contained in PlaintiffCitibank (South Dakota) N.A.'s Preliminary abjections to defendant's New Matter and Counterclaim, proposed arder, and Entry of Appearance have been served on thepro se defendant at his address of record on the date listed below, BURTaNNEIL & ASSaCIATES, P.C, Date: 7 ( lei 0-5 I By~Q6~ Edward J, a'Brien, E Ulre Attorney for Plaintiff NanCE: In making this communication, we advise our firm is a debt collector. (') c:: "'" ,~ = <J' 2: r- C;:? o -n --! ::L..." f"\1p: :sS3 i'_~t-'J f1~A .c":rn o ---~ "'-,;'- '5:J :..:; o.,J:J ".. -..." -,;... U1 O~ BURTaN NEIL & ASSOCIATES, P,C, BY: Edward J. O'Brien, Esquire Identification No. 32985 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. 05.2833 JOSEPH D CARACIOLO Defendant : CIVIL ACTION. LAW ENTRY aF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of plaintiff, CITIBANK (SaUTH DAKaTA) NA , in connection with the above matter. ::R?:::J88r:~ Edward J. a'Brien, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector, r-' = .-::.::;:> <J' <--- c:~.. ,- - 9. .-\ :r: -rJ {1'(;. -j" "0 -OJ ;~Jp, S 'i:i ;-< ..n :r"" ::s;:. S? tJ'\ 0' PRAECIPE FOR LISTING CASE FaR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PRaTHaNaT ARY aF CUMBERLAND CaUNTY: Please list the within matter for the next Argument Court. ----------.-------------------------.-.---------.-.-------.-----------.-----.-.-.-------------.---------.-.-._--------------- CITIBANK (SaUTH DAKaTA) N.A. Plaintiff vs. JaSEPH D CARACIaLO Defendant NO.. 05-2833 Civil 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Preliminary Objections 2. IdentifY counsel who will argue case: (a) for plaintiff: address: Edward J. a'Brien Esquire c/o Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170. West Chester, PA 19380 b) for defendant: address: Unrepresented at this time - Pro Se Joseph Caraciolo, J 203 Edinburg Circle, New Cumberland, P A 17070 3. I will notify all parties in writing within two days that this case has been listed for argument. 4, Argument Court Date: Edward J. a'Br The law firm of Burton Neil & Associates is a debt collector. , BURTaN NEIL & ASSOCIATES, P.C. By: Edward J. a' Brien, Esquire Identification No. 32985 1060 Andrew Drive. Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SaUTH DAKaTA) N.A, Plaintiff : IN THE CaURT aF CaMMaN PLEAS : CUMBERLAND CaUNTY, PENNSYLVANIA vs. : NO., 05-2833 JOSEPH D CARACIOLO Defendant . CIVIL ACTIaN - LAW CERTIFICATE aF SERVICE I, Edward J, a'Brien, Esquire do hereby certifY that a I served a true and correct copy of the within Praecipe for Argument on Pro se defendant Joseph D. Caraciolo at his address of record via first class mail. postage prepaid on the date set forth below, Date:~17/05 f BY: The law firm of Burton Neil & Associates is a debt collector. ~:J \-~~; 'J~ r j rj~:' c::. ( ~~'t;" ..~ , -, Q (.,.:;; ~ g; V' c:: G> N N "",~. -'0 :% '-? x:- v"1 Q, ~ n"~ -otD, :flY '<.0 ::C~-~. ()B Z("fl o "..-l ._,.> ~ 17 6. Citibank (South Dakota) N.A. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Joseph D. Caraciolo : NO. 05-2833 CIVIL TERM ORDER OF COURT AND NOW, October 20, 2005, by agreement of counsel, the above-captioned matter is continued from the October 20, 2005 Argument Court list. Counsel is directed to relist the case when ready. By the Court, Court Administrator ~~ ,r:) ~ ~ward 1. O'Brien, Esquire 20 the Plaintiff oseph D. Caraciolo, Pro Se Defendant lkd ....) '.;) _I !-=-- PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO. THE PRaTHaNaTARY aF CUMBERLAND CaUNTY: Please list the within matter for the next Argument Court. CITIBANK (SaUTH DAKaTA) N.A. Plaintiff vs. JaSEPH CARACIaLa Defendant NO. 05-2833 Civil 1, State matter to be argued (i,e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Preliminary Objections 2. Identify counsel who will argue case: (a) for plaintiff: address: Edward J. a' Brien, Esquire c/o Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170, West Chester, P A 19380 b) for defendant: address: Joseph Caraciolo, Pro Se 1203 Edinburg Circle, New Cumberland, P A 17070 3. I will notify all parties in writing within two days that this case has been listed for argument. 4, Argument Court Date: The law firm of Burton Neil & Associates is a debt colIector. ~ --- BURTON NEIL & AssaCIA TES, P,C. By: Edward J. O'Brien, Esquire Identification No. 32985 ] 060 Andrew Drive, Suite 170 West Chester, PA 19380 610.696.2120 A TTORNEY FOR: Plaintiff ClTIBANK (SOUTH DAKOTA) N.A. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS, : NO. 05.2833 JOSEPH D CARACIOLO Defendant : CIVIL ACTION. LA W Certificate of Service I, Edward J. a'Brien, Esquire do hereby certifY that I served a true and correct copy of the within Praecipe for Listing Case for Argument on pro se defendant, Joseph D Caraciolo at his/her address of record via first class mail, postage prepaid on the date set forth below. Date: ~/9(()6 BURZNEIL & ASS"OCIA TES BY: The law firm of Burton Neil & Associates is a debt collector. C.4581 #29 CITIBANK (SaUTH DAKOTA), N.A. : IN THE caURT aF caMMaN PLEAS OF : CUMBERLAND CaUNTY, PENNSYLVANIA V. JaSEPH D, CARACIOLa : NO., 2005 - 2833 CIVIL TERM IN RE: PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM BEFORE BAYLEY, P.J., GUIDO, J. ORDER OF COURT AND Naw, this 3RD day of APRIL, 2006, upon consideration of Plaintiffs Preliminary abjections to Defendant's New Matter and Counterclaim. and Defendant having failed to respond thereto, the Preliminary abjections are SUSTAINED. Paragraphs II, 12, 13,14 and 15 of Defendant's New Matter are STRICKEN and Defendant's Counterclaim is DISMISSED. Edward E. Guido, J. Edward J. a'Brien, Esquire 1060 Andrew Drive, Suite 170 WestChester,Pa, 19380 Joseph D. Caraciolo, Pro Se 1203 Edinburg Circle New Cumberland, Pa. 17070 ~1 .11....~J' 1.C(/D6 C).-.. :sld " '//\J c' :' , N-~~' :}11 If ... BURTaN NEIL & ASSOCIATES, P.C. Edward J. a'Brien, Esquire Identification # 32985 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-692-2120 Attornev for Plaintiff CITIBANK (SaUTH DAKaTA) N.A. Plaintiff IN THE CaURT aF CaMMaN PLEAS CUMBERLAND CaUNTY, PENNSYLVANIA v. No. 05 - 2833 CIVIL TERM JOSEPH D. CARACIaLa Defendant: CIVIL ACnaN - LAW PLAINTIFF MOTION FOR JUDGMENT ON THE PLEADINGS PlaintiffCitibank (South Dakota) N.A. by its counsel, Burton Neil & Associates, P. C. moves the Court under Pa. R. C. P. 1034 for judgment on the pleadings as follows: 1. Plaintiff filed a complaint against defendant for the credit card account balance due it by the defendant. 2. Defendant filed a pro se answer to the complaint with new matter and counterclaim. 3. Plaintiff preliminarily objected to defendant's new matter and counterclaim. 4. By arder dated April 3, 2006, the Court struck defendant's new matter and dismissed his counterclaim. 5. Defendant neither appealed the April 3, 2006 arder nor re-plead his new matter and. counterclaim underPa. R. C. P. 1028(e). 6. By reason of the foregoing, the pleadings are closed and consist of plaintiff's complaint and defendant's answer. 7. Defendant's answer consists of general denials, demands for proof, in haec verba denials and abusive denials couched in the Rule 1029( c ) formula or as alleged conclusions of law. 8. Defendant's aforesaid denials are or should be deemed to be admissions of the complaint averments to which they improperly respond. ,t , .. 9. As a result, there are neither factual nor legal issues before the Court creating a need for trial. Thus, plaintiff Citibank (South Dakota) N.A, is entitled to judgment as a matter oflaw. WHEREFaRE, plaintiffCitibank (South Dakota) N.A. moves this Honorable Court for judgment on the pleadings. Burton Neil & Associates, P.C. ~; By Edward J. a'Brier. uire Attorneys for PI tiff NanCE: Burton Neil & Associates, P.C. is a debt collector. . < BURTaN NEIL & ASSaCIATES, P.C. Edward J. a'Brien, Esquire Identification # 32985 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-692-2120 Attorney for Plaintiff CITIBANK (SaUTH DAKaTA) N.A. Plaintiff IN THE CaURT aF CaMMaN PLEAS CUMBERLAND CaUNTY, PENNSYLVANIA v. No. 05 - 2833 CIVIL TERM JOSEPH D. CARAClaLa Defendant: CIVIL ACnaN - LAW CERTIFICATE OF SERVICE Edward J. a'Brien, Esquire, being aware that false statements are subject to sanction under 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities, verifies that he caused to be served a true and correct copy of plaintiff's Motion for Judgment on the Pleadings, proposed arder, supporting Memorandum of Law, and this Certificate of Service on defendant by first class U.S. Mail, postage prepaid in accordance with Pa.R.C.P. 405 directed to defendant's address of record, Joseph Caraciolo, 1203 Edinburg Circle, New Cumberland PA 17070-2249 on the date set forth below. Dated:~ Edward J. a'Brien, NanCE: Burton Neil & Associates, P.C. is a debt collector. (., :--) ; ) ~ _.......: {,- C:'., ..--... . CITffiANK (SaUTH DAKaTA) N.A., Plaintiff : IN THE CaURT OF COMMaN PLEAS OF : CUMBERLAND CaUNTY, PENNSYLVANIA v. : No. 05-2833 CIVIL TERM JaSEPH D. CARACIaLa Defendant : CIVIL ACnaN - LAW DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS The Defendant, Joseph D. Caraciolo, Pro Se, hereby responds to the motion of the Plaintiffs for Judgment on the Pleadings pursuant to Pa. R.C.P. 1034 and avers as follows: I. Admitted in part, denied in part. It is admitted that Plaintiffs filed a complaint naming Defendant, however, it is denied that Defendant owes any money to Plaintiff. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted, however, by way of further answer, Defendant filed a motion to Amend answer and is awaiting a ruling on the same. 7. Denied. Defendant's denials represent a specific denial of the allegations made in each averment. 8. Denied. This paragraph represents a conclusion of law to which no responsive pleading is necessary. However, by way of further answer, Plaintiffs assertion that a specific denial is an admission is a misinterpretation of current Pennsylvania case law. 9. Denied. There are factual and legal issues before this court. More specifically, whether this alleged debt exists, whether its communication was made to the Defendant, and whether Defendant made any appropriate payment. WHEREFaRE, Defendant respectfully requests this Honorable Court deny Plaintiffs Motion for Judgment on the Pleadings, or, in the alternative, to grant Defendant leave to file an amended answer to more specifically deal with Plaintiff's improper reading of Defendant's answer. Date: 07/:?l /d' { I J e D. Caraciolo, Pro Se 20 Edinburg Circle New Cumberland, P A 17070 . ' CITIBANK (SOUTH DAKaTA) N.A" Plaintiff : IN THE CaURT aF CaMMON PLEAS OF : CUMBERLAND CaUNTY, PENNSYLVANIA v. : No. 05-2833 CIVIL TERM JOSEPH D, CARAClaLa Defendant : CIVIL ACTIaN - LAW VERIFICATIaN I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments are based upon an understanding or application of law, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 Pa. 1 Date:07 h/o~ ( . ' CITIBANK (SaUTH DAKaTA) NA, Plaintiff : IN THE COURT OF CaMMaN PLEAS aF ; CUMBERLAND CaUNTY, PENNSYLVANIA v. : No. 05-2833 CIVIL TERM JOSEPH D, CARACIaLO Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document, upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same first class mail, addressed as follows: BURTaN NEIL & ASSaCIATES, P.C. Edward J. a'Brien, Esquire 1060 Andrew Drive, Suite 170 West Chester, PA 19380 h D. Caraciolo, Pro Se 3 Edinburg Circle ew Cumberland, P A 17070 ,-,.."1 ,...... .-' , r'J I'. c j'<' L,. .-".- ~ -. CITIBANK (saUTH DAKaTA) N.A., Plaintiff IN THE COURT aF COMMON PLEAS aF CUMBERLAND CaUNTY, PENNSYLVANIA v. : No. 05.2833 CIVIL TERM JOSEPH D. CARAClaLa Defendant CIVIL ACnaN - LAW MOTION TO AMEND ANSWER AND NaW, comes the Defendant, Pro Se, and files this Motion to Amend Answer avering as follows: I. The above captioned civil action was initiated by Complaint filed on June 1, 2005. 2. The Defendants responded by filing Answer and New matter and Counterclaim. 3, By order dated April 3, 2006, portions of Defendant's Answer, New matter, and Counterclaim were struck. 4. The remaining portions of Defendant's Answer specifically denied the allegations set forth in Plaintiffs Complaint. 5. Plaintiff filed a Motion for Judgment on the Pleadings indicating to the court that Defendant's specific denials were actually agreements. 6, Based on Plaintiffs motion, it is clear that Plaintiff misread, or misunderstood the denials listed in Defendant's answer. 7. For the purpose of accuracy, and to limit the issues to be presented a panel of arbitrators, Defendant is requesting leave to amend his Answer in order to make such denials more clear to Plaintiff. 8. aver a year has passed since Defendant filed his Answer and Defendant wishes to incorporate information which has been gathered after Defendant's first Answer. ,. ... 9. an July 26, 2006, Defendant left a telephone message for Counsel for Plaintiff, Edward J. O'Brien, Esquire, seeking consent to amend the complaint. 10. Edward J. a'Brien, Esquire did not provide Defendant with the courtesy of returning Defendant's telephone call. 11. Plaintiff will not be prejudiced by such amendment as Plaintiffs right to an arbitration will remain. 12. In accordance with Pennsylvania Rule of Civil Procedure, 1033, Plaintiffs now seek permission from the court to amend the complaint for clarification and to include more recent information. WHEREFaRE, Defendant respectfully request that this Honorable Court grant him leave to amend the Answer in civil action captioned above, in accordance with the Pennsylvania Rules of Civil Procedure. Date P ?/-gloC eph D. Caraciolo, Pro Se 203 Edinburg Circle New Cumberland, P A 17070 -- - CrrffiANK (SaUTH DAKaTA) N.A" Plaintiff : IN THE COURT OF COMMaN PLEAS aF : CUMBERLAND CaUNTY, PENNSYL VANIA v. : No. 05-2833 CIVIL TERM JOSEPH D. CARACIaLa Defendant : CIVIL ACnaN - LAW VERlFICA naN I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments are based upon an understanding or application of law, 1 have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. ~ 4904, relating to unsworn falsification to authopties. l 17 Date:t7I!~f( ~' - CITIBANK (SOUTH DAKOTA) N.A., Plaintiff : IN THE CaURT aF CaMMaN PLEAS aF : CUMBERLAND CaUNTY, PENNSYLVANIA v. : No. 05-2833 CIVIL TERM JaSEPH D. CARACIaLa Defendant : CIVIL ACTIaN - LAW CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document, .upon the persons and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by mailing the same first class mail, addressed as follows: BURTaN NEIL & ASSaCIA TES, P.C. Edward J. a'Brien, Esquire 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Date: Of3~!ot; RES~Y UB~~ ./ " ph . Caraciolo, Pro Se 03 Edinburg Circle ew Cumberland, P A 17070 C) ,- ... ,""' .-1 , r0 (. -.. Praecipe for Listing Case for Argument (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter far the next Argument Caurt. CITIBANK (SOUTH DAKOTA) N.A. Plaintiff vs. JOSEPH D CARACIOLO Defendant NO. 05-2833 1. State matter to be argued (Le., plaintiffs matian for new trial, defendant's demurrer to. camplaint, etc.): Plaintiffs Motion for Judgment on the Pleadings 2. Identify caunsel who will argue case: (a) far plaintiff: address: Edward 1. O'Brien, Esquire cia Burtan Neil & Assaciates, P.C. 1060 Andrew Drive, Suite 170, West Chester, PA 19380 b ) far defendant: address: Joseph D Caraciola, Pro Se 1203 Edinburg Circle, New Cumberland, PA 17070-2249 3. I will natify all parties in writing within two days that this case has been listed far argument. 4. Argument Court Date: December 6. 2006 Edward J. O'Brien, quire Attamey for the PI ntiff The law firm afBurtan Neil & Associates is a debt collector. 1111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111I11111111111111111111111111I11I1111111111111111111111111111111111111111111 ( .", Burtan Neil & Associates, P.C. By: Edward 1. O'Brien, Esquire ID. NO. 32985 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-2833 JOSEPH D CARACIOLO Defendant : CIVIL ACTION - LA W Certificate of Service I, Edward J. O'Brien, Esquire, do. hereby certify that I served a true and carrect capy af the within Praecipe far Listing Case far Argument on pro se defendant, J aseph D Caracialo, at his address af recard via first class mail, postage prepaid on the date set farth belaw. Date:fO [5/ 06 By: The law firm afBurtan Neil & Associates is a debt callectar. C-4581 r---.:l = c.:::...-"l c;;-.. C. r~i ~ ..- - (..,.) "'.f~ " 6. . CITIBANK (SOUTH DAKOTA) N.A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-2833 CIVIL TERM JOSEPH D. CARACIOLO Defendant CIVIL ACTION - LAW MOTION TO STRIKE FROM ARGUMENT LIST AND DISMISS PLEADING The Defendant, Joseph D. Caraciolo, Pro Se, hereby files this Motion to Strike from Argument List and Dismiss Pleading: 1. The above captioned civil action was initiated by Plaintiff by the filing of a Complaint on June 1, 2005. 2. Defendant timely filed an Answer, New Matter, and Counterclaim on June 29, 2006. 3. Defendant's New Matter and Counterclaim were dismissed by Order of Court dated April 3, 2006. 4. Plaintiff filed a Motion for Judgment on the Pleadings on July 17, 2006. 5. Defendant responded with an Answer to Motion for Judgment on the Pleadings, and a Motion to Amend Answer on August 2, 2006. Defendant's Motions have not been ruled upon or addressed at this time. 6. Plaintiff filed a Praecipe to list the case for oral argument on the Issue of Plaintiffs Motion for Judgment on the Pleadings on October 11,2006. 7. A decision on Defendant's Motion to Amend Answer will materially affect Plaintiff s Motion for a Judgment on the Pleadings. 8. Argument should be denied until a decision on Defendant's Motion to Amend Answer is made. I . " WHEREFORE, Defendant respectfully requests this Honorable Court deny Plaintiffs request for argument court until such time as Defendant's Motion to Amend Answer is responded to by this Court. Date: fll3dIO~ ( RESP7U . . CITIBANK (SOUTH DAKOTA) N.A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-2833 CIVIL TERM JOSEPH D. CARACIOLO Defendant CIVIL ACTION - LAW VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. To the extent that any of the averments are based upon an understanding or application of law, I have relied upon counsel in making this I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ f " Verification. 4904, relating to unsworn falsification to authorities. Date: If I?d (oe ( { Q C ~1~: ;~,\;::. tr~,' 1.::::: -,~ ~-,f ',.-. 'y' ~ ~ d' o r'" c-:> \ - ~ ~~ -c tn. ~:;:)....... 66 -.14.! -\.4, q~ b :::::-\ ~ -0 ~ :c- o. - V) ~ F:\FlLESIDA T AFILElGeneralICurrentII1541.4.pra BURTON NEIL & ASSOCIATES, P.C. Christapher E. Rice, Esquire Attarney J.D. No.. 90916 MARTS ON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attarney for Plaintiff CITlBANK (SOUTH DAKOTA), N.A Plaintiff v. JOSEPH D. CARACIOLO, Defendant To. the Prothanatary: I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 05-2833 COCVIL TERM CIVIL ACTION - LAW PRAECIPE Please enter the appearance afMARTSON DEARDORFF WILLIAMS & OTTO, as Co.-counsel with BURTON NEIL & ASSOCIATES, P.C., for the Plaintiff. Date: December 5, 2006 MARTSON DEARibORFF WILLIAMS & OTTO I By CL 4-4- $: ,e Christapher E. Rice, Esquire J. D. Number 90~16 Ten East High Stireet Carlisle, P A 17013 (717) 243-3341 Attarneys far Plalntiff '" c::::. = c::n o r'1 n I Ul -0 :::r o " :;! m:D r- -urn :::00 ..:::) :( --IC-. :r: ::"t "~:) -1 -.c~o om ~ -< l)? .;;- -.s CITIBANK (SOUTH DAKOTA): IN THE COURT Of COMMON PLEAS OF N.A., CUMBERLAND C UNTY, PENNSYL VANIA Plaintiff I , v. CIVIL ACTION - yAW I I NO. 05-2833 CIVIL I TERM I I IN RE: DEFENDANT'S MOTION 0 STRIKE FROM ARGUMENT LIST D DISMISS PLEADING ORDER OF COURT JOSEPH D. CARACIOLO, Defendant i AND NOW, this 5th day of December, 2006, up~n consideration of the above I motion, the motion is denied, and Defendant's Motiod To Amend Answer will be discussed at the argument scheduled for Wednesday, Dec~ber 6, 2006, at 11 :45 a.m., in I Courtroom No.1, Cumberland County Courthouse, CarlislF' Pennsylvania. I BY THE COURT, Edward 1. O'Brien, Esq. Burton Neil & Associates, P.C. 1060 Andrew Drive Suite 170 West Chester, PA 19380 ) Attorney for Plaintiff . I)-S--O~ ~ ~ N Joseph D. Caraciolo 1203 Edinburg Circle New Cumberland, PA 17070 Defendant, pro Se :rc W\j\/!\1.\ShH{:Jd I \!>"(''''''.-.',' ,'" '-'''"'. "'nt'"\ I\.U ~t ;\..', ' '1:.':1\1 ..J 6t'J : I Hd g- ::130 9UOl }t.M' ""'\' ,,.,, J' ,.'.. \.1 'Hl '0 \0 V lU '~Ur 1J..'...;.: (j:J. :I 38l:!::iQ--Q3"11:! .- 6- CITIBANK (SOUTH DAKOTA) N.A., Plaintiff v. : IN THE COURtOF COMMON PLEAS OF ~ CUMBERLAN COUNTY, PENNSYLVANIA : No. 05-2833 CI IL TERM . I . I JOSEPH D. CARACIOLO Defendant CIVIL ACTION - LAW MOTION TO STRIKE FROM ARGU ENT LIST AND DISMISS PLEADING The Defendant, Jaseph D. Caraciala, Pro Se, hereby Iles this Matian to. Strike from Argument List and Dismiss Pleading: I. The abave captianed civil actian was initiated by Plaintiff by the filing af a Camplaint an June 1,2005. 2. Defendant timely filed an Answer, New Matter and Caunterclaim an June 29, 2006. 3. Defendant's New Matter and Caunterclaim we e dismissed by Order af Court dated April 3, 2006. 4. Plaintiff filed a Matian far Judgment an the Plead ngs an July 17,2006. 5. Defendant responded with an Answer to. Matian far Judgment an the Pleadings, and a Matian to. Amend Answer an August 2, 2006. Defendan' s Matians have nat been ruled 6. Plaintiff filed a Praecipe to. list the case far ral argument on the Issue af upan or addressed at this time. 7. A decision an Defendant's Matian to. Amend nswer will materially affect Plaintiffs Matian far Judgment an the Pleadings an October 11, Plaintiffs Matian far a Judgment an the Pleadings. 8. Argument should be denied until a decision an efendant's Matian to. Amend Answer is made. .. , , WHEREFORE, Defendant respectfully requests this 'Hanarable Caurt deny Plaintiffs request for argument court until such time as Defendant' Mation to. Amend Answer is respanded to. by this Court. Date: f II 3d I!? C, .. ~ . CITlBANK (SOUTH DAKOTA) N.A., Plaintiff v. JOSEPH D. CARACIOLO Defendant OF COMMON PLEAS OF COUNTY, PENNSYL VANIA : No. 05-2833 CI IL TERM CIVIL ACTION - LAW VERIFICA TlON I verify that the statements made in the faregaing dac ment are true and correct to. the best afmy knawledge, infarmatian and belief. To. the extent th t any aftbe averments are based upan an understanding or applicatian af law, I have relied upan c@unsel in making this Verification. I understand that false statements herein are made subject to. the penalties of 18 Pa. C.S. ~ 1 I 4904, relating to. unswam falsificatian to. authorities. ~/ Date: if j']dloe ( l o c ~if7 ~,! t;~ !<;~:; j>(~. ~j -.... r-.,) = t:;.':) c::7"' o f"11 n I o -n ~:n rn, -am -';JO 01- _.~~ :L:-d qo om -g ~ ::E ...... .r- w CITIBANK (SOUTH DAKOTA) : IN THE COURT OF COMMON PLEAS OF N.A. : CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH D. CARACIOLO : NO. 2005 - 2833 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS AND DEFENDANT'S MOTION TO AMEND ANSWER BEFORE OLER. GUIDO. EBERT. JJ_ ORDER OF COURT AND NOW this 19TH day of DECEMBER, 2006, after review afthe briefs filed by the parties, and having heard argument therean, Plaintiff's Mation far Judgment on the Pleadings as well as Defendant's Matian to. Amend Answer, are DENIED. ~dward J. O'Brien, Esquire 1060 Andrew Drive, Suite 170 West Chester, Pa. 19380 Joseph D. Caraciala 1203 Edinburg Circle New Cumberland, Pa. 17070 :sld ~ Edward E. Guido, 1. .... 22:H 92 330 90HZ Burtan Neil & Assaciates, P.C. By: Brit J. Suttell, Esquire ill. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CnffiANK (SOUTH DAKOTA) N.A. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05-2833 JOSEPH D CARACIOLO Defendant : CIVIL ACTION -LAW Praecipe to Settle, End, & Discontinue To. the Prothanotary: Mark the above matter Settled, Ended and Discontinued. Burtan Neil & Assaciates, P.C. By:)f~ fit 1. ~~~ll, Esquire Attamey for Plaintiff The law firm afBurton Neil & Assaciates is a debt callectar. C-4581 ,..,., = = -.J ;:::,. -0 :;0 t N o ." ~ rn:D -oF.=; ij9 .^".~C) f~~~ dm :;;! ::.0 -< u ::r: w 01