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Home My WebLink About08-4010 ?. Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. DIXIE LYONS 100 Drook Meadow Drive Mechanicsburg PA 17050 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ?- y0 J p ?; f -f a,%- 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 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. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 C-15749 C--I595? Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N Sioux Falls, SD 57117 V. IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA ? ?- I 0 C dU? r `f 2Cn? DIXIE LYONS NO. q o 100 Drook Meadow Drive Mechanicsburg PA 17050 Defendant CIVIL ACTION - LAW Complaint 1. Plaintiff is CITIBANK (SOUTH DAKOTA), N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Dixie Lyons, who resides at 100 Drook Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff is a national banking association, engaged in various types of banking business including consumer lending through the issuance of credit cards. Count I 4. Plaintiff furnished consumer credit to the defendant by means of a credit card with account number ending in 4610 hereinafter referred to as the credit card account. 5. Plaintiff kept accurate running records of all debits and credits to the account. 6. Plaintiff mailed to defendant monthly statements for the account including the billing statement attached hereto as Exhibit A. The monthly statements accurately stated the previous • balance, the debits and credits to the account for the prior billing period. 7. Before plaintiff mailed Exhibit A, defendant had for many months made payments on account of the billing statement or retained the statement without payment. 8. Defendant's actions as set forth above constituted an account stated between parties for the sum of $5,601.08 which sum reflects the Exhibit A statement balance less credits, if any, which were applied subsequent to the date of Exhibit A. Wherefore, plaintiff demands judgment for Count I against defendant for the sum of $5,601.08, and the costs of this action. Count II 9. Plaintiff is a national banking association, engaged in various types of banking business including consumer lending through the issuance of credit cards. 10. Plaintiff furnished consumer credit to the defendant by means of a(n) Exxon Mobil credit card with account number ending in 1027 hereinafter referred to as the credit card account. 11. Plaintiff kept accurate running records of all debits and credits to the account. 12. Plaintiff mailed to defendant monthly statements for the account including the billing statement attached hereto as Exhibit B. The monthly statements accurately stated the previous balance, the debits and credits to the account for the prior billing period. 13. Before plaintiff mailed Exhibit B, defendant had for many months made payments on account of the billing statement or retained the statement without payment. 14. Defendant's actions as set forth above constituted an account stated between parties for the sum of $4,676.16 which sum reflects the Exhibit B statement balance less credits, if any, which were applied subsequent to the date of Exhibit B. Wherefore, plaintiff demands judgment for Count II against defendant for the sum of $4,676.16, and the costs of this action. Wherefore, plaintiff demands judgment in the total amount of $10,277.24, and the costs of this action. Burton Neil & Associates, P.C. By: Neil Sarker, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. 02/07/08 $5601.08 $5601.08 SITE:KC-CL TM:CO-5000 ACID:KC80201 4/28/0 08 20:22:25: CITI CARDS DIXIE LYONS PO BOX 183059 COLUMBUS, OH 100 DROOK MEADOW DRIVE 43218-3059 MECHANICSBURG PA 17050 Citi® Driver's Edge" Card Chaffer Rebates i? 4610 Cwhidner Servkr, _ 1-800-(66-9l00 Totat CreditLlno Available Crook Line BOX 6500 $5300 $0 statement/ Amount Over SIOUX FALLS, SD Cle?a?y Dete Credit Ltne 57117 01/14/2008 $301.08 1/14 1/14 1/14 1/14 ati Cash Advance Limit Available Cash Lhnk New Balance $5300 _ $0 $5601.08 Past Due $7 Pareb/Adv lnimu n Due MMimum Aawuat Due 68.87 1243.16 $5601.08 stanaard Purch LATE FEE - DEC PAYMENT PAST DUE 66 0000 OVER CREDIT LIMIT FEE 62 0000 PURCHASES•FINANCE CHARGE-PERIODIC RATE 84 0000 Standard Adv ADVANCES'FINANCE CHARGE•PERIODIC RATE 84 0000 00000000009'00 00000000009.00 128.19 0000000000 000000000020.97 YDur late fee was based on your account balance as of the payment due date (01/07/08), which was :5,373.92. 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 pan, or Saturday, 8 am to 5 pm, Central Time. Please give us the opportunity to assist you. Account Summary rvM"A?ta ADVANCES 14 618.41 755.51 $78.00 .00 1 0 $128.19 $4 824.60 TOTAL $5,373.92 578.00 .00 00 $20.97 (776.48 $149.16 $5,601.08 B l Days This 8110Period: 32 Rate Summary a ance lac o Fi Periodic Nominal ANNUAL nance Charge Rate APR Purch $4,680.21 Adv $765.62 0.08559%(D) 31.240% 31.240% 0.08559%(D) 31.240% 31.240% EXHIBIT, A R 04/17/08 =4676.16 ;4676.16 SITE:KC-CL TM:CO-5000 ACID:KC80201 ANNA" mm om 05/09/08 22:21:28: CITI CARDS DIXIE L LYONS PO BOX 183066 823 MARSHALL DR COLUMBUS, CARLISLE PA 43218-3066 6 17013-1665000 C J? AQCWJVA Mlaiper 1027 t 1-000- 54-6914 Total Credit Line Available Credit Linn Cash Advance Urnit Available Cash Limit PO BOX 342319 $3910 $0 $3910 NOW ttalana ' IRtlINB. TX st+tn•9 nt/ A alit Over Percdv 75014-2339 03/2 4/ 2 U 08te Veit Lrne Put ow a?InlawvePee :766 1 $4676.16 AWMat mum . 6 $930.95 1198,70 Sub Dub Pest tAte netMap woomper Mile" alb Lot StataawM $4676.16 3/24 Standard PureA LATE FEE - FED PAYMENT PAST DUE Aa?aMt 3/24 PURCHAASSESaFINANCE CHARGOePERIODIC RATE 39.00 70000000000 84 0000 700000000003.70 Your late fee was base rrj on yyour account balance as of the payment due date (03/18/08), which was S23.46. Help is available! Please call the toll-free number shown above to learn our special pa agent ptions. Cali Monday - Friday, 7 as to 9 pm ol 8 an to 5 pm or Sat Cent about d , , ra ur Time. Please give us the opportunity to assist you. ay, Account Summary r evious + Purchases - oyme a T T PURCHASES Balance & $4,523.46 Advances & It $)9 00 CHARGE - Balance ADVANCES TOTAL 60.00 54,523.46 . 0.00 $0 .00 0.00 $39 00 1 =113.70 $0.00 $4,676.16 :0 00 . 0.00 $113.70 . 64,676.16 Rata Summary Blame* ec o ergo Ic Days This 0NI!n Period: 31 PURCHASES Finance Char a Rate °m"a APR ANNUAL AGE RATE S tandard Purch ADVANCES $4,578.24 0.08011%(D) 29 240% Standard Adv 60.00 0.08011%(0) . 29.240% 29.240% 29.240% ` t Verification I, Shauna Houghton am an employee of Citicorp Credit Services, Inc., (USA) which is by contract the service provider for plaintiff CITIBANK (SOUTH DAKOTA), N.A. retained to perform services on its behalf. 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. Signature Shauna Houghton Dixie Lyons '? 1 OZ-7 :5r.. Tt L77 -J N- 00 1 ? ?Q xj l Y.Q 0 N co ? m r i a N CITIBANK (SOUTH DAKOTA) AN THE COURT OF COMMON PLEAS N/A :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : 08-4010 CIVIL TERM VS. DIXIE LYONS : CIVIL ACTION - LAW Defendant Praeciue for Entry of Anuearance Please enter my appearance on behalf of the Defendant above. Geoffrey M. Biringer MidPenn Legal Services 401 E.Louther Street Carlisle, PA 17013 (717) 243-9400 Supreme Court ID#18040 N _N C j -fl > c^ SHERIFF'S RETURN - REGULAR CASE NO: 2008-04010 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK (SOUTH DAKOTA) N A VS LYONS DIXIE KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LYONS DIXIE the DEFENDANT at 1542:00 HOURS, on the 15th day of July , 2008 at 823 MARSHALL DRIVE CARLISLE, PA 17013 by handing to VENUS HECKMAN, ADULT IN CHARGE 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 18.00 Service 15.00 Affidavit .00 Surcharge 10.00 .00 43.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 07/22/2008 BURTON NEIL - ASSOCIATES By. 0 f A. D. 0 CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. DIXIE LYONS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA No. 08 - 4010 - Civil Term CIVIL ACTION - LAW PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes the defendant, Dixie Lyons, by and through her legal counsel, MidPenn Legal Services, and files these PRELIMINARY OBJECTIONS TO PLAINTIFF'S CIVIL ACTION COMPLAINT, and in support thereof avers the following: 1. Plaintiff is CitiBank, 701 East 60th Street N Sioux Falls, SD 57117 by their attorneys, Neil Sarker, Esq., 1060 Andrew Drive, Suite 170, West Chester,PA 19380. 2. Defendant is Dixie Lyons (hereinafter "Defendant"). 3. Plaintiff filed its complaint on July 7th, 2008. Plaintiff's complaint is attached hereto as Exhibit A. 4. Plaintiff claims that it is owed alleged balances on accounts stated in Counts I and II for $5,601.08 and $4,676.16 respectively for use of credit cards. PRELIMINARY OBJECTION PURSUANT TO PA. R.C. P. No. 1028(a) (4)) (Demurrer) 5. Paragraphs 1 through 4 of Defendant's Preliminary Objections are hereby incorporated by reference hereto. 6. Plaintiff does not allege that there was any agreement between the Plaintiff and the Defendant, either express or implied, to support a cause of action for accounts stated. 7. Absent such allegations, Plaintiff's allegations fail to adequately state a cause of action. WHEREFORE, Defendant prays that Plaintiff's Complaint be dismissed with prejudice for failure to state a cause a cause of action. PRELIMINARY OBJECTION PURSUANT TO PA. R. C. P. No. 1028(a)(3) (INSUFFICIENT SPECIFICITY IN A PLEADING) FOR FAILURE TO PROPERLY PLEAD ITEMS OR TIME, PLACE AND SPECIAL DAMAGES 8. Paragraphs 1 through 7 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 9. Plaintiff claims that it is owed the alleged balances of the accounts in the amounts of $5,601.08 and $4,676.16 and attaches as sole support thereof single monthly accounts purportedly showing balances. 10. These accounts fail to specify any agreements of the parties, terms and conditions of the agreements, amendments to the agreements, the Defendant's request for products, goods or services or the amount, or time and place of individual credit transactions. 11. Plaintiff fails to sufficiently specify the type and/or amount of the alleged debts owed, including the amounts and dates of the alleged charges, the amounts and dates of any payments made, the amounts and dates of any interest charges, and the amounts and dates of any other charges. 12. Pa. R. C. P. No. 1019(f) requires that averments of time, place and special damages shall be specifically stated. 13. Plaintiff's general assertion of damages therefore is in violation of Pa. R. C. P. No. 1019(f) and renders Defendant unable to properly defend this action. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for insufficient specificity in a pleading. PRELIMINARY OBJECTION PURSUANT TO PA. R. C. P.No.1028(a)(2) and No.1019(i)(FAILURE OF PLEADING TO CONFORM TO LAW OR RULE OF COURT) FOR FAILURE TO ATTACH A WRITING 14. Paragraphs 1 through 13 of Defendant's Preliminary Objections are hereby incorporated as if fully set forth herein. 15. Plaintiff bases its claims against Defendant on a series of billings and payments between the parties creating accounts between Defendant and Plaintiff. 16. The statements attached to Plaintiff's complaint purport to represent Defendant's account, but are of unknown origin and authenticity, are not credit agreements, and are not signed by Defendant. 17. Plaintiff has failed to attach any credit agreements or applications for credit agreements made or signed by Defendant. 18. Pursuant to Pa.R.C. P.No. 1019(i), when a claim is based upon a writing, the pleader must attach a copy of that writing or provide explanation for its absence. 19. To the extent that any credit agreements between Defendant and Plaintiff are written, Plaintiff's Complaint fails to comply with Pa. R. C. P. No. 1019(i) in that Plaintiff has failed to attach to its Complaint a copy of any such written agreements or any explanation for the absence thereof. WHEREFORE, Defendant respectfully requests that this Honorable Court dismiss Plaintiff's Complaint with prejudice for failure to conform to a law or rule of court. Date 7 Respectfully submitted, N idPenn Legal Services Y? Geoffrey Biringer 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. DIXIE LYONS 100 Drook Meadow Drive Mechanicsburg PA 17050 Defendant -n ao "C) C1:i F- n -' v : X n Q r N cry IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 F- - y0 I d C ?-,j 114-t-r^l 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 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. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 RITE COPY FROM Telephone No. 717-249-3166 or 800-990-9104 ?? . (if1?91ff11 C-15749 .nd? who C-1595$ rte"? rr? w? ?.1 GLcl?l-0. Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DIXIE LYONS NO C W' 100 Drook Meadow Drive Mechanicsburg PA 17050 Defendant CIVIL ACTION - LAW Complaint 1. Plaintiff is CITIBANK (SOUTH DAKOTA), N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Dixie Lyons, who resides at 100 Drook Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff is a national banking association, engaged in various types of banking business including consumer lending through the issuance of credit cards. Count I 4. Plaintiff furnished consumer credit to the defendant by means of a credit card with account number ending in 4610 hereinafter referred to as the credit card account. 5. Plaintiff kept accurate running records of all debits and credits to the account. 6. Plaintiff mailed to defendant monthly statements for the account including the billing statement attached hereto as Exhibit A. The monthly statements accurately stated the previous balance, the debits and credits to the account for the prior billing period. 7. Before plaintiff mailed Exhibit A, defendant had for many months made payments on account of the billing statement or retained the statement without payment. 8. Defendant's actions as set forth above constituted an account stated between parties for the sum of $5,601.08 which sum reflects the Exhibit A statement balance less credits, if any, which were applied subsequent to the date of Exhibit A. Wherefore, plaintiff demands judgment for Count I against defendant for the sum of $5,601.08, and the costs of this action. Count II 9. Plaintiff is a national banking association, engaged in various types of banking business including consumer lending through the issuance of credit cards. 10. Plaintiff furnished consumer credit to the defendant by means of a(n) Exxon Mobil credit card with account number ending in 1027 hereinafter referred to as the credit card account. 11. Plaintiff kept accurate running records of all debits and credits to the account. 12. Plaintiff mailed to defendant monthly statements for the account including the billing statement attached hereto as Exhibit B. The monthly statements accurately stated the previous balance, the debits and credits to the account for the prior billing period. 13. Before plaintiff mailed Exhibit B, defendant had for many months made payments on account of the billing statement or retained the statement without payment. 14. Defendant's actions as set forth above constituted an account stated between parties for the sum of $4,676.16 which sum reflects the Exhibit B statement balance less credits, if any, which were applied subsequent to the date of Exhibit B. Wherefore, plaintiff demands judgment for Count II against defendant for the sum of $4,676.16, and the costs of this action. Wherefore, plaintiff demands judgment in the total amount of $10,277.24, and the costs of this action. Burton Neil & Associates, P.C. By: Neil Sarker, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. 02/07/08 $5601.08 $5601.08 SITE:KC-CL TM:CO-5000 ACID:KCBO201 _r }Y ??z 04/28/08 20:22:25: CITI CARDS PO BOX 183059 DIXIE LYONS COLUMBUS, OH 100 DROOK MEADOW DRIVE 43218-3059 MECHANICSBURG PA 17050 Citi` Driver's Edge0 Card Charter Rebates 4610 Customer Service: 1-800-866-9900 Total Credit Line Available Credit Line Cash Advance Limit Available Cash Limit $5300 $0 $5300 $0 BOX 6500 SIOUX FALLS, SD Statement/ Claal Date Amount Over Credit Line Past Due - Perch/Adv Mlnlmun Que 57117 O1/14 /2J08 $301.08 $768.87 $243.16 Sale c ti' New Balance $5601.08 Minimum Amount Due 55601.08 Standard Purch 1/14 LATE FEE - DEC PAYMENT PAST DUE 1/14 OVER CREDIT LIMIT FEE 62 0000 1/14 PURCHASES•FINANCE CHARGE•PERIODIC RATE 84 0000 Standard Adv 1/14 ADVANCES*FINANCE CHARGE•PERIODIC RATE 84 0000 Your late fee was based on your account balance as of the payment due date (01/07/08), which was $5,373.92. 39.00 0000000000 39.00 0000000000 128.19 0000000000 20.97 0000000000 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 pat, Central Time. Please give us the opportunity to assist you. Account Summary Previous (+) Purchases Payments +) FINANCE (=) New Balance & Advances & C redits CHARGE Balance PURCHASES ADVANCES $4 618.41 4755 $78.00 $0.00 $128.19 $4,824.60 .51 $0.00 0.00 $20.97 $776 48 TOTAL $5,373.92 $78.00 0.00 $149.16 . $5,601.08 Days Th is Billing Period: 32 Rate Summary Balance Subject t o Periodic Nominal ANNUAL Finance Charge Rate APR PERCENTAGE RATE PURCHASES Standard Purch ADVANCES $4,680.21 0.08559%(D) 31.240% 31.240% Standard Adv $765.62 0.08559%(D) 31.240% 31.240% EXHIBIT_? A 04/17/08 $4676.16 $4676.16 SITE:KC-CL TM:CO-5000 ACID:KC80201 -_w-ow. 05/09/08 22:21:28: CITI CARDS PO BOX 183066 DIXIE L LYONS COLUMBUS, OH 823 MARSHALL DR 43218-3066 CARLISLE PA 17013-1665000 ?C J OM MAW Amite cWd Ate0lmt NaalaOsr 1027 Ctgltom9r Satrvke: 1-800-SS4-6914 Total Credit Line Available Credit Line Cash Advance Llmlt Available Cash Limit New aalance $3910 $0 $3910 $0 $4676.16 PD BOX 142314 Statement/ Amount Over Pereh/Adv Minimum IRYINO. TX ctosl Date Credit Lint Past DUO 16 $930 8 $766 95 13 1?Inlmwn Qw 70 198 Amount out $4676 16 75014-2319 . . 03124/2 0 . 1 . self Debt Post Date Rtlertact NUInWr Activity Slate Last Statement Amount Standard Purch 3/24 LATE FEE - FEB PAYMENT PAST DUE 39.00 66 0000 0 70000000000 3/24 PURCHASESeFINANCE CHARGEePERIODIC RATE 113.70 84 0000 0 70000000000 Your late fee was based on your account balance as of the payment due date (03/18/08), which was $4,523.46. 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. Account Summary Previous (+ Balance & Purchases Advances - Payments & Credits (4) FIRANEE (in) New CHARGE Balance PURCHASES $4,523.46 $ 9.00 0.00 $113.70 $4,676.16 ADVANCES 0.00 1 V0.00 10.00 $0.00 $0.00 TOTAL 346 $4,5 $39.00 0.00 $113.70 $4,676.16 Da y& This Billing Period: 31 Rata. Summary Balance Subject to Periodic Nominal ANNUAL Finance Charge Rate APR PERCENTAGE RATE MAbLb ndard Purch $4,578.24 0.08011%(D) 29.240% 29.240% NOES ndard Adv $0.00 0.08011%(D) 29.240% 29.240% _,....... , _ . ?? ?.__ ::.:_XHIBIT Verification I, Shauna Houghton am an employee of Citicorp Credit Services, Inc., (USA) which is by contract the service provider for plaintiff CITIBANK (SOUTH DAKOTA), N.A. retained to perform services on its behalf. 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. Signature Shauna Houghton Dixie Lyons X4610 10?? ) uz7 UUU L ? ?V V V r? CERTIFICATE OF SERVICE The undersigned hereby certifies that on the date stated below, he served a true and correct copy of the within Preliminary Objections, by mailing same to the office of Plaintiff's attorney of record by first class U.S. mail, postage prepaid, addressed as follows, which service satisfies the requirements of Pa.R.C.P. No. 440: Neil Sarker, Esquire Burton Neil & Associates 1060 Andrew Drive, Suite 170 West Chester,PA 19380 Date: 7 7ibO By: Geoffrey M. Biringer MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Supreme Court ID#18040 G`;,,r '--ri ?? C? ?t , ! ? ? ??_ S?'S'S ?- y Rf ? ' .1 4 ?.:7 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) N.A. : Plaintiff V. DIXIE LYONS : Defendant No. 08-4010 Civil Action-Law 2008 1. Matter to be argued: Defendant's Preliminary Objections 2. Identify counsel who will argue case: (a) for plaintiff: Neil Sarker, Esquire, ID No. 203465 BURTON NEIL & ASSOCIATES, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 (b) for defendant: Geoffrey M. Biringer, Esquire MidPenn Legal Services 401 E Louther Street Suite 103 Carlisle, PA 170132625 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: August 8, 2008 Neil Sarker, Esquire Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. h ? ' c? r <r np rro • BURTON NEIL & ASSOCIATES, P.C. Neil Sarker, Esquire ID. No. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. VS. Plaintiff DIXIE LYONS Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-4010 : CIVIL ACTION -LAW PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. Preliminary objections pursuant to Pa. R. C. P. 1028(a)(4). 5. Plaintiff incorporates paragraphs 1 through 4 of its Answer to Defendant's Preliminary Objections as if set forth at length herein. 6. Admitted in part, denied in part. It is admitted only that plaintiff's complaint does not allege an express agreement between the plaintiff and defendant. The remainder of the allegation w • is denied as plaintiff's complaint is a legal document which speaks for itself. By way of further response, it is denied plaintiff is required to plead an agreement, as its complaint sets forth a causes of action based on an account stated. 7. Denied. Plaintiff's complaint sets forth causes of action based on an account stated. WHEREFORE, plaintiff prays your Honorable Court will overrule defendant's preliminary objections. Preliminary Objection pursuant to Pa. R. C. P. 1028(a)(3). 8. Plaintiff incorporates paragraphs 1 through 7 of its Answer to Defendant's Preliminary Objections as if set forth at length herein. 9. Admitted in part, denied in part. It is admitted only that plaintiff attached the documents operative to its cause of action to its complaint, namely, copies of monthly billing statements for each of the credit card accounts. The balance of the allegation is denied as plaintiff's complaint is a legal document which speaks for itself. 10. Admitted in part, denied in part. It is admitted only that plaintiff s complaint does not allege an express agreement between the plaintiff and defendant. The remainder of the allegation is denied as plaintiff's complaint is a legal document which speaks for itself. By way of further response, it is denied plaintiff is required to plead an agreement, amendments, or terms of the same, as its complaint sets forth causes of action based on an account stated. 11. Denied. Denied as plaintiff s complaint and the exhibits attached speak for themselves. Denied further as plaintiff's complaint alleges the balance owed on the accounts, and attached copies of monthly billing statements for the accounts depicting the balances owed as well as the current rate of interest. .? 12. Denied. Pa. R. C. P. 1019(f) requires that averments of time, place and items of special damage be specifically stated. 13. Denied. Plaintiff's complaint complies fully with Pa. R. C. P. 1019(f) and makes no claim for special damage. WHEREFORE, plaintiff prays your Honorable Court will overrule defendant's preliminary objections. Preliminary Objection pursuant to Pa. R. C. P. 1028(a)(2) and No. 1019(I). 14. Plaintiff incorporates paragraphs 1 through 13 of its Answer to Defendant's Preliminary Objections as if set forth at length herein. 15. Admitted. 16. Admitted in part, denied in part. It is admitted only that the billing statements attached to plaintiff's complaint represent defendant's accounts with plaintiff. The balance of the allegation is denied. 17. Admitted in part, denied in part. It is admitted only that plaintiff did not attach a credit agreement or application to its complaint. Denied that plaintiff was required to do so and further denied as plaintiff's complaint is a legal document which speaks for itself. By way of further response, plaintiff's complaint sets forth causes of action based on accounts stated and copies of the accounts were attached to the complaint. 18. Admitted. 19. Denied. It is denied that plaintiff was required to attach any agreement to its complaint as its claims are based on an account stated Denied as plaintiffs complaint is a legal document which speaks for itself. By way of further response, plaintiff's complaint sets forth causes of action based on an account stated and copies of the accounts were attached to the complaint. WHEREFORE, plaintiff prays your Honorable Court will overrule defendant's preliminary objections. BURTON NEIL & ASSOCIATES, P.C. By: Neil Sarker, Esquire Attorneys for Plaintiff In making this communication, we advise our firm is a debt collector. Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. No. 203465 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 V. : CUMBERLAND COUNTY, PENNSYLVANIA DIXIE LYONS NO. 08-4010 CIVIL Defendant : CIVIL ACTION - LAW Certificate of Service I, Neil Sarker, Esquire do hereby certify that I served a true and correct copy of the within Plaintiff's Answer to Defendant's Preliminary Objections, proposed Order, Praecipe for Listing Case for Argument and Certificate of Service on defendant's counsel, Geoffrey M. Biringer, Esquire at his/her address of record via first class mail, postage prepaid on the date set forth below. Burton Neil & Associates, P.C. Date: g By: Neil Sarker, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-15749 a.. y CITIBANK (SOUTH DAKOTA) N.A. VS. Plaintiff DIXIE LYONS Defendant AND NOW this day of : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4010 : CIVIL ACTION -LAW ORDER 2008 on consideration of defendant's preliminary objections to plaintiff's complaint and response, it is hereby ORDERED that Defendant's preliminary objections are OVERRULED. Defendant is directed to file an Answer to Plaintiff's complaint within twenty (20) days of the date of this Order. By the Court: J. `7 C cr, Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 203465 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 V. DIXIE LYONS Defendant To the Prothonotary: CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4010 CIVIL CIVIL ACTION - LAW Praecipe to Discontinue Kindly discontinue the above-captioned action without prejudice. Burton Neil & Associates, P.C. By: ?? Neil Sarker, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-15749 ?,. ,-tea `. po C-q