HomeMy WebLinkAbout2005-0025 Civil
CITIBANK (SOUTH DAKOTA) N.A.,
PLAINTIFF
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
RUSSELL E. CLOUSER,
DEFENDANT
05-0025 CIVIL TERM
IN RE: MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT
OPINION AND ORDER OF COURT
Bayley, J., November 16, 2006:--
Plaintiff, Citibank (South Dakota) N.A., filed a complaint against defendant,
Russell E. Clouser, seeking judgment for money it alleged is owed on a credit card
account. Plaintiff filed a request for admissions. On May 4,2006, this court, Hess, J.,
entered an order finding:
. . . that the amended answers of defendant Russell E. Clouser are not
sufficient responses to the Requests for Admission. Accordingly, it is
hereby Ordered that each of the matters contained in the Requests for
Admission of plaintiff Citibank (South Dakota) N.A. is admitted.1
Plaintiff filed a motion for summary judgment which is ready for disposition.
Based on the order of May 4, 2006, defendant has admitted the following:
1. With reference to the monthly billing statements for defendant's
credit card account with plaintiff copies of which are attached hereto as
requests for admissions exhibits1 through 14:
1 Pa. Rule of Civil Procedure 4014(c) provides in part: "If the court determines that an
answer does not comply with the requirements of this Rule [subsection (b)] it may order
. . . that the matter is admitted. . . ."
05-0025 CIVIL TERM
a. Defendant admits that the detail set forth in each monthly billing
statement accurately reflected for the monthly billing period defendant's
use of the account and accurately reflected all charges and credits to the
account.
b. Within 60 days after defendant's receipt of each monthly billing
statement defendant admits that no writing or other communication
disputing, protesting or objecting to any of charges or credits appearing in
the monthly billing statements was sent by defendant to plaintiff.
c. Defendant admits that with respect to each monthly billing
statement, a written billing error notice was not sent to plaintiff.
2. Defendant admits that after receipt of the monthly billing
statements marked exhibits 1-7, defendant made a payment which was
reflected as a credit in the following month's statement.
3. Defendant admits that after receipt of the monthly billing
statements marked exhibits 8-14, defendant did not send a payment to
plaintiff.
4. Defendant admits that the last payment made on the account
was posted by plaintiff on January 26, 2004 and is reflected in the exhibit
8 monthly billing statement.
5. Defendant admits that balance owed on the account is
$13,797.39.
Summary judgment is proper based on admissions where no genuine issues of
material fact remain. See Richard T. Byrnes Co., Inc. v. Buss Automation, Inc., 415
Pa. Super. 549 (1992). Based on the admissions of defendant, plaintiff is entitled to
summary judgment for $13,797.39.
ORDER OF COURT
AND NOW, this
day of November, 2006, judgment is entered in favor
of plaintiff, Citibank (South Dakota) N.A., and against Russell E. Clouser, for
$13,797.39 plus legal interest from January 26,2004.
By the Court,
-2-
05-0025 CIVIL TERM
Burton Neil, Esquire
1060 Andrew Drive, Suite 170
West Chester, PA 19380
For Plaintiff
Russell E. Clouser, Pro se
11 Countryside Court
Camp Hill, PA 17011
:sal
Edgar B. Bayley, J.
-3-
CITIBANK (SOUTH DAKOTA) N.A.,
PLAINTIFF
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
RUSSELL E. CLOUSER,
DEFENDANT
05-0025 CIVIL TERM
IN RE: MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT
ORDER OF COURT
AND NOW, this
day of November, 2006, judgment is entered in favor
of plaintiff, Citibank (South Dakota) N.A., and against Russell E. Clouser, for
$13,797.39 plus legal interest from January 26,2004.
By the Court,
Edgar B. Bayley, J.
Burton Neil, Esquire
1060 Andrew Drive, Suite 170
West Chester, PA 19380
For Plaintiff
Russell E. Clouser, Pro se
11 Countryside Court
Camp Hill, PA 17011
:sal