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Home My WebLink About03-1178$04 Web A'~.nue Jenk±n~, PA (215) '6_?900 Att°l~eY for Plaintiff .J o/o 804 ~ee~'~,$t°ck, ' ~ 190~6 Plaintiff 238 I~i ~c~i~ ',f ;~ OS s_2526 COURT OF CO N ~ ~CTiON_LAwCOUNT¥ NO. 03 "NOTI~ "You have been sue to'defend against the clair. You Wish lowing pages, you must tak~ the (20) days after this comp twenty served, by entering a writtdce are ally or by attorney and filiCerson. court your defenses or obj,'th the set forth against you. You mia/ms fail to do so the case may¢~You and a judgment may .be ent You the court without further nu by claimed in the complaint or, ney or relief requested by the Pl~irn money or property or other~se you. to "YOU SHOULD TAKE YOUR LAWYER AT ONCE.:) HAVE A LAWYER OR CANN' GO TO OR TELEPHONE -~ ~ORTH BELOW TO FIND ( CAN GET LEGAL HELP. 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STOCK & GRI~Es, LLp ~: EDW~D STOCK, ESQUIRE I.D.#~35~7 804 West Avenue ~enkintown, PA MARLYN FINANCIAL SERVICEs, ASSIGNEE OF CiTiBANK C/o EdWard Stock, 804 West Avenue EsqUire Jenkintown, PA 19046 Plaintiff VS. 238 Indian Creek Mechanicsburg, Drive PA 17055-2526 Defendant LLC, Attorney for Plaintiff COURT OF COMMON PLEAs CUMBERLAND COUNTy CIVIL ACTION-LAw 1. Plaintiff, MarLyn Financial Services, LLC, is the purchaser and assignee of the obligation Under suit herein, and/or is the authorized representative of Citibank or the servicer of a credit card account iSSued by Citibank to the Defendant herein, in accordance With a credit card agreement between Citibank and the Defendant. 2. Plaintiff, a limited liability MarLyn Financial Services, LLC, is COmPany and is authorized to conduct business in the Commonwealth of Pennsylvania. 3. The Defendant, Rae M. Kramer, is an adult individual residing at the address contained in the above caption. o On SUndry and various OCcasions, Defendant (s), with the use of a credit card issued by Citibank, pursuant to their credit card agreement, made various purchases of goods and/or merchandise with the use of the credit card from authorized merchants. 5. The present outstanding balance which is due on the account is $26,581.87; and, although repeated requests and demands have been made upon the Defendant to satisfy the same in accordance with the terms and conditions of the credit card agreement, the Defendant has and still refuses to pay the same. 6. As a result thereof, Plaintiff has been forced to incurr reasonable attorney collection fees in the sum of $4,605.32 in an attempt to legally enforce collection of the debt due it from the Defendant or Defendants. 7. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. W~EREFORE, Plaintiff, MarLyn Financial Services, LLC, as the assignee and/or purchaser of the credit card account with Citibank, demands Judgment against the Defendant, Rae M. Kramer, in the sum of $31,187.19, with interest and ~~ ./~'~< // EDW~R~~RE Attorney for Plai~t~ff .... V~RIFICATION EDWARD STOCK, ESQUIRE, Attorney for Plaintiff herein, verifies that the statements made in this Pleading are true and correct and that he is authorized to make them on behalf of the Plaintiff. He understands that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Sec. 4904, relating to unswor~~ falsification to authorities. / ,~' /~'~ E D'WA~OC-K~ --~S Q~ I R E SHERIFF'S RETURN - REGULAR CASE NO: 2003-01178 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MARLYN FINANCIAL SERVICES LLC VS KRAMER RAE M ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KRAMER RAE M the DEFENDANT , at 238 INDIAN CREEK DRIVE at 1850:00 HOURS, on the 27th day of March , 2003 MECHANICSBURG, PA 17055 by handing to RAE M KRAMER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 7 59 00 10 00 00 35 59 Sworn and Subscribed to before me this /D ~ day of ~23 A.D. ! ~rothonot~-ry-' ~ / So Answers: R. Thomas Kline 03/28/2003 MARLYN FINANCIAL SERVICES By: A ~ Deputy Sheriff MARLYN FINANCIAL SERVICES, LLC, Assignee of CITIBANK, Plaintiff Defendant Vo RAE M. KRAMER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : : Civil Action-Law : : : : No. 03-1178 Civil Term NOTICE TO PLEAD TO: Plaintiff, Marlyn Financial, LLC, Assignee of CitiBank and its attorney, Edward Stock You are hereby notified to file a written response to Defendant's enclosed new matter within 20 days from service hereof or a judgment may be entered against you. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP I.D. No. 32147 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 ATTORNEYS FOR DEFENDANT MARLYN FINANCIAL SERVICES, LLC, Assignee of CITIBANK, Plaintiff Defendant Vo RAE M. KRAMER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : : Civil Action-Law : : : : No. 03-1178 Civil Term ANSWER TO COMPLAINT WITH NEW MATTER 1. Denied. After reasonable investigation, plaintiff is without knowledge or information sufficient to form a belief as to the truth of the stated allegation. Accordingly, such allegation is denied and proof is demanded. 2. Admitted on information and belief. 3. Admitted. 4. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the credit card agreement and charges vaguely referred to in paragraph 4. Plaintiff has failed to attach the alleged agreement to the complaint and has failed to provide verification of the debt, including a breakdown of all charges and credits. 5. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the stated allegation. (Defendant incorporates by reference herein paragraph 4 above.) Accordingly, such allegation is deemed denied and proof is demanded. 6. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the stated allegation. Accordingly, such allegation is deemed denied and proof is demanded. 7. Denied. Paragraph 7 is an allegation to which no responsive pleading is required. To the extent a responsive pleading is required, defendant denies that plaintiff, an alleged debt collector, has complied with governing state and federal laws, including the Fair Debt Collection Practices Act. WHEREFORE, defendant requests that the complaint be dismissed with prejudice and with all costs taxed against plaintiff. NEW MATTER 8. The complaint fails to state a cause of action upon which relief can be granted. 9. Alternatively, contrary to Pa. R.C.P. No. 1019 and related provisions, plaintiff has failed to attach the contract on which its alleged claim is based. 10. Plaintiff has failed to comply with various state and federal laws, including the Fair Debt Collection Practices Act. As a result of plaintiff's statutory violations, defendant asserts a set off or counterclaim, including invalidation of plaintiff's claim, together with attorneys' fees, costs, and other statutory damages. 11. Defendant demands verification of the debt, including all payments/credits and the attorneys' fees, interest, and other charges set forth in the complaint. 12. Plaintiff's cause of action is barred by the applicable statute of limitations and by the following affirmative defenses: accord and satisfaction; waiver; and payment. 13. Contrary to law or rule of court, plaintiff has failed to attach any assignment or other agreement authorizing it to sue as assignee or purchaser of the alleged account. W~EREFORE, defendant requests that the complaint be dismissed with all costs taxed against plaintiff. Defendant requests such other relief as the Court may deem appropriate. Dated: Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Z~,~adford Dorrance I.D. No. 32147 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 ATTORNEYS FOR DEFENDANT 3 VERIFICATION I, Rae M. Kramer, hereby verify and state that: 1. I am the defendant in the foregoing pleading and have personal knowledge of the matters set forth therein. 2. The facts contained in the foregoing answer with new matter are true and correct to the best of my knowledge, information, and belief. 3. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: Ra~/M. Kramer CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving true and correct copies of the foregoing document upon the person(s) and in the manner indicated below: Fir~t-Class Mail, Postaqe Prepaid Addressed as Follows: Edward Stock, Esquire STOCK & GRIMES, LLP 804 West Avenue Jenkintown, PA 19046 Bradford Dorrance EDWARD STOCK, ESQUIRE I.D.#13657 804 West Avenue Jenkintown, PA 19046 (215) 576-1900 Attorney for Plaintiff MARLYN FINANCIAL SERVICES, LLC, ASSIGNEE OF CITIBANK c/o Edward Stock, Esquire 804 West Avenue Jenkintown, PA 19046 Plaintiff vs. RAE M. KP~AMER 238 Indian Creek Drive Mechanicsburg, PA 17055-2526 Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION-LAW NO. 2003-01178 PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly mark the above captioned ca~'/~continued prejudice. / ~ DATE:~~_ with CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving true and correct copies of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail, Postace Prepaid Addressed as Follows: Edward Stock, Esquire STOCK & GRIMES, LLP 804 West Avenue Jenkintown, PA 19046