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HomeMy WebLinkAbout08-5801W110 Commonwealth of Pennsylvania Court of Common Pleas CumberlJaudcia?bls X11 PA 09-1-01 NOTICE OF APPEAL FROM DISTRICT JUSTICE JUDGMENT Common Pleas No. 05 - sgv/ NOTICE OF APPEAL Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice on the Date and in the case mentioned below. Name of Appellant Mag. Dist. No. or Name of D.J. CITIFINANCIAL CHARLES A. CLEMENT, JR. Address of Appellant 3401 HARTZDALE DRIVE, SUITE 126 City CAMP HILL State PA Zip Code 17011 Date of Judgment 9/24/08 Iln The Case Of (Plaintiff CITIFINANCIAL (Defendant) BARBARA ENDERS Claim No. CV-0000327-08 TA 19 Sig??n??ature of Appellant or His Attorney or Agent C>[X- -f- Bar ID No. 203861 This block will be signed ONLY when this notation is required under Pa. R.C.P.J.P. No. 1008B. If appellant was Claimant (see Pa.R.C.P.J.P. This Notice of Appeal, when received by the District Justice, will operate as No. 1001(6) in action before District Justice, he a SUPERSEDEAS to the Judgment for possession in this case. MUST FILE A COMPLAINT within twenty (20) days after riling his NOTICE OF APPEAL. PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE (This section of the form to be used ONLY when appellant was DEFENDANT (see Pa.R.C.P.J.P. No. 1001(7) in the action before District Justice. IF NOT USED, detach from copy of notice of appeal to be served upon appellee). PRAECIPE: To Prothonotary Enter rule upon ame o Appellee(s) , appellee(s) to file a complaint in this appeal (Common Pleas No. ) within twenty (2) days after service of rule or suffer entry of judgment of non pros. Signature of Appellant or His Attorney or Agent RULE: To , appellee(s) Name o Appellee(s) (1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of service of this rule upon you by personal service or by certified or registered mail. (2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU. (3) The date of service of this rule if service was by mail is the date of mailing. Date 20 Signature of Prothonotary or Deputy Court File I Court Proof of Service I Appellant's Copy I Appellee's Copy I District Justice v 0 V c> ?A rN3 v fh) CJ CA.) -_j "" yT'71 fC_) r +, 1, r; i COMMONWILALTf-I OF PENNSYLVANIA COUNTY OF: ctasRL7m 09-1-01 vcJ'? we, 1-13 C87hf AIIII A. CL>N I>riT? JQ Add-. 400 D RID4= ST OLDN T01M C01MNS -SUITE 3 XW CMMZ RLAND, PI ,717 ) 776-5959 17070 CITIFIXAMIAL 3601 ZMTZDALZ D1IVi APT/ST= 126 CSl[P MILL, PA 17011 NOTICE OPCIVL CASE /TRANSCRIPT PLAINTIFF' "TAME we ADOnES8 -, f-CITIlIizlCZAL 3601 KMTZDALZ D1IV3 APT/STZ 126 CAMP HILL, P1 17011 L J VS. DEFENCANT' NAME HI.d ADDPESS rm- WIM9, Bm13>I?i m 556 POPLAI CIRMCB ROAD LCAM BILL, P1 17 011 _J Docket No.: ev-0000317-08 AAA. Date Filed: 7/13/06 THIS IS TO NOTIFY YOU THAT: © Judgment was entered for. (Date C1WWgrvI0rf~ ---- (Name) tl mms, ZAMA*& © Judgment was entered against: (Namo ICI' W33ff" XALx ent $ . 00 .00 in the amount of S F Defendants are jointly and severally liable. Judgment $ Damages This case will be dismissed assessed without on Date & prejudice. Time $ $ Amount of Judgment Subject to Attachment142 Pa .C.S. § 8127 Costaa $_Portion of Judgment for physical damages arising out of ment Total $__.___.r_ - residential lease $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUG LEWB?NLIY GG A NICE OF APPEAL WITH THE PROTHONOTARYICLERK OF THE COURT OF COMMON FILEAS, MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENTITRANSCRIPT FORM WITH YOUR NICE OF APPEALMAGISTvPmL DISTR ExCEPT AS O MNRE lS TO ENTF THE JUUDGMENT IN ITHE'COURT OF COMMON PLEAS, ALL FURTHER l ??T. jUDGIIIIENT HOL RR JUDE CAME FROM THE COUNT of COMMON 6PLEA$ AND NO FURTHER PROCESS MAY VON INTERESTED I THE J08RIAL MfeNT MAY FILE G 011119110100 By THS MAG'STE COMB UNLESS THE JUDGMENT IS ENTERS IN THE COURT OF COMMON PLEAS, E M?XAL OM?CT JUDGE IF THE JUDGMENT OWOR PAYS IN FULL, -- A REOUEST FOR ENTRY Of SATISFACTION AWITH JUDGMENT. SETTLE9. OR OTHERw? Ma isterial District Judge SEP 2 Z008 Date ment. of the record of the proceedings oontalning the judg certify that this is a true and correct Copy , Magisterial District Judge Date ------------- 2016 SEAL My commission expires first Monday of January. AOPC 316-07 v+%Ws ne•*WWr". A10)A /A e 1 A. Z m. n a WIN J PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT (This Proof of Service MUST BE FILED WITHIN TEN (10) DAYS AFTER filing the Notice of appeal. Check applicable boxes) Commonwealth of Pennsylvania County of CUMBERLAND ; ss AFFIDAVIT: I hereby swear or affirm that I served a copy of the Notice of Appeal, Common Pleas No. 08-5801-CIVIL upon District Justice designnated therein on (date of service) October 1 2008 ; by personal service ?! by certified/registered mail, sender's receipt attached hereto, and upon the appellee, (name)Barbara Enders and her attorneyon October 1 20 08 by personal service 1 by certified/registered mail, sender's receipt attached hereto. and further that I served the Rule to File a Complaint accompanying the above Notice of Appeal upon the appellee(s) to whom the Rule was addressed on 20 -? by personal service by certified/registered mail, sender's receipt attached hereto. SWORN (AFFIRMED) AND SUBSCRIBED BEFORE ME (/I THIS 1.5-c_ DAY OF D 20D Signature of Affiant Signature of Official Before W(h?om Affidavit was made Nn?-A .n,, { L"_,bL.?t , - Title of Official My Commission Expires on ' . 20 6 MMONWEAj_TFt OF PENNISYLVAM' NOTARIAL SEAL CAROLE F. MILLER, Nakaty Pubic City of philBde"ia, Phlla, C ;u3 X09 Postage $ - Certified Fee .?, D ?, CD Return Receipt 1 L, rU ReQ y Cc?? .?`?, I\- Restricted Delivery Fee O (Endorsement RequUed) -? TOW Postpe & Fees Co Sent To: vim- MAGISTERIAL DISTKICT COURT 009-1-01 r-q C3 dONORABLE CHARLES A CLMENT A j 400 BRIDGH STRE9T SUITX 3 m 6LMOWH COMMONS ° IiEW CUMB " ND PA 17010 ?o N 71351068859 r.Ibr vLE-$?naal 81112e0? PS Form 3800, January 2005 US Postal Service 'Certified Mail Receipt [ - _ --- ?_-'- --- - J Postage $ J ANN CENTF ° Certified Fee -L, J Q 9.0 Er Co Return emnt ru a? ? Rest((ECt Delivery Fee `? ?'oS 6~ ° ZO` .A Total Postpe & Fe" :I- ca Sent To: 11- r-1 %LKBARA ENSM ° 554 POPLAR CHURCH ROAD m CAMP HILL PA 17011 ..A N 7135/068859 :jtbnulH-Baat?aIl Et{ 10?s Form 3800, January 2005 US Postal Service Certified Mill Receipt j i Postage $ m Certified Fee a Return Receipt Fee L Z J Co (Endorsement RegtYnd) N Restricted Delivery Fee 1 N to (Endorsement Requlredi z4, ° s ? `1 y ?p ToW Postage & Fees CO Sent To: Q' STiWEN A SNYDER ESQUIRE ° .:411 NORTH ikONT Si'K4kr m ,?UiTE 200 ,ARK15bJRG ?A 17110 /135/U63859 N PS Form 3800, January 2005 US Postal Service Certified Mail Receipt 0 C -TI Cl) -Ti r [ i f t r 'j:r a BALLARD SPAHR ANDREWS & INGERSOLL, LLP Attorneys for Plaintiff By: Martin C. Bryce, Jr., ID No. 59409 Cecilia Isaacs-Blundin, ID No. 203861 1735 Market Street, 51st Floor Philadelphia, PA 19103-7599 (215) 864-8468 CitiFinancial, COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Barbara Enders, NO. 08-5801 Defendant. 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 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 other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania Telephone: (717) 249-3166 DMEAST #10129689 v1 BALLARD SPAHR ANDREWS & INGERSOLL, LLP By: Martin C. Bryce, Jr., ID No. 59409 Cecilia Isaacs-Blundin, ID No. 203861 1735 Market Street, 51st Floor Philadelphia, PA 19103-7599 (215) 864-8468 CitiFinancial, V. Plaintiff, Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-5801 Barbara Enders, Defendant. COMPLAINT Plaintiff CitiFinancial (hereinafter "Plaintiff' or "Lender") is a consumer lender with an office located at 3401 Hartzdale Drive, Suite 126, Camp Hill, Pennsylvania 17011. 2. Defendant Barbara Enders (Hereinafter "Defendant" or "Borrower") is an individual who resides at 554 Poplar Church Road, Camp Hill, Pennsylvania 17011. 3. On December 20, 2007, Plaintiff and Defendant entered a written loan agreement, attached as Exhibit A (hereinafter "the Loan Agreement") 4. The account number of the Loan Agreement entered between Plaintiff and Defendant on December 20, 2007, is 349597. 5. Pursuant to the terms of the Loan Agreement, Plaintiff extended a loan in the amount of $13,323.25 to Defendant. Defendant agreed to repay the loan with interest over a term of sixty months at a rate of $383.73 the first month and $338.25 per month thereafter. 6. The Loan Agreement stipulates that "[i]f Borrower defaults, Lender may require Borrower to repay the entire unpaid Principal balance and any accrued interest at once." 7. The Loan Agreement defines "default" as, among other things, "Borrower does not make any scheduled payment on time." DMEAST #10129689 v1 8. Defendant has not made any payments on the loan account since May 23, 2008, despite the fact that she agreed to make monthly loan payments in the amount of $338.25. 9. Defendant is in default under the terms of the loan agreement, as she is in arrears at least five payments. 10. The current unpaid principal balance and accrued interest due on Defendant's loan account is $13,423.12. 11. The Loan Agreement further provides that "[i]f Borrower defaults... Borrower may also be required to pay reasonable attorney's fees, court costs..." WHEREFORE, Plaintiff demands judgment in the amount of $13,423.12 plus interest, costs, and reasonable attorney's fees against Defendant Barbara Enders, and any other relief the Court deems appropriate. Respectfully Submitted, Martin C. Bryce, Jr. Cecilia Isaacs-Blundin Ballard Spahr Andrews & Ingersoll, LLP 1735 Market Street, 51st Floor Philadelphia, PA 19103-7599 (215) 864-8468 Attorneys for Plaintiff DMEAST #10129689 v1 2 VERIFICATION I, Anthony M. Cordwell, Associate General Counsel for CitiPinancial Services, Inc. ("Ciffinancial"), hereby verify that I am familiar with the facts addressed in the foregoing Complaint, which are true and correct to my information, knowledge and belief, and that I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: [ ° 'o zd?c- Anthon/M,Oordwell For Citi naneial Services, Inc. DMEAST #10129689 A 3 CitiFinancial, COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Barbara Enders, NO. 08-5801 Defendant. Certificate of Service I hereby certify that on October 10, 2008, a true and correct copy of the foregoing Complaint was served via first class mail, postage prepaid, upon: Steven R. Snyder, Esquire, Esquire 2411 North Front Street Suite 200 Harrisburg, PA 17110 Dated: October 10, 2008 DMEAST #10129689 v1 Attorney for Defendant L4 - Lgh Cecilia Isaacs-Blundin 4 m m Cl) s n Wn v w m O O ° OG 'p C m m Note and Borrower(s) (Name and mailing address) Lender (Name, address, city and state) Account No. CITIFINANCIAL SERVICES, 349597 BARBARA A ENDERS INC. Date of Loan 554 POPLAR CHURCH ROAD 3401 HARTZDALE DRIVE SUITE 126 CAMP HILL PA 17011 CAMP HILL PA 17011 12/20/2007 ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments The cost of Borrower's credit as The dollar amount the credit will The amount of credit provided to The amount Borrower will have a yearly rate. cost Borrower. Borrower or on Borrower's behal paid after Borrower has made all payments as scheduled. 17.99 % $ 7,017.23 $ 13,323.25 $ 20,340.48 Payment Schedule: Se : If checked. Borrower is giving a security Number of Amount of Payments Payments When Payments Are Due res interest in: Motor Vehicle F-1 ? Mobile Home 1 $ 383 .73 02/02/2008 59 $ 338.25 MONTHLY BEGINNING 03/02/2008 S S El Real Property Other: ? See the contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date, and prepayment refunds and penalties. late Charge: If a payment is late, Borrower will be charged a late charge equal to 1.5 % per month on the past due amount until paid in full, minimum charge f 1.00 . Prepayment: If Borrower pays off early, Borrower may end to a refund of part of the finance charge. .dd tioaal Information: 'RECOMPUTED INTEREST SERVICE CHARGE DATE CHARGES BEGIN S First Payment Due 6,821.75 150.00 12/20/2007 Date Extension Charge: 545.48 (included in Finance Charge.) INSURANCE DISCLOSURE Required Insurance: If Borrower obtains credit that is secured by Borrower's interest in improved real property (including a mobile or manufactured home that is part of real property), then tender requires Borrower to provide fire and extended coverage for the replacement value of the improvements. If the collateral securing the credit is A motor vehicle (including a recreational vehicle, boa, or movable mobile home), Borrower must provide collision and comprehensive casualty insurance in an itowunt sufficient to satisfy the unpaid balance of the loan or equal to the value of the :ollateral, whichever is less. All such policies and renewals thereof must name lender as loss payee and must be maintained by Borrower, unfit the :relit is repaid in full. Borrower may obtain a new insurance policy or provide an existing policy from any insurer that is acceptable to Lender. If Borrower obtains the collateral protection coverage or Automobile Physical Damage Insurance at Lender's office, Borrower acknowledges that such insurance (l) may cost more than insurance that is available from another insurer, (2) will only protect Lender's interest in the collateral and does not rrotecl Borrower's interest, and (3) does not protect Borrower from claims by other persons. 3m8onal Insurance: Credit We tontrsnce, credit disability Insurance, credit personal property insurance, involuntary Insurance, hod any other insurance products that are not required unemployment In order per the above paragraph are optional to Borrower and are not not r rea eqtdred b order to to rbtain credit. It borrower desires voluntarily to purchase goy of those optional fssarasce products, Borrower must sign bellow, and In otber -equired docuummb and will receive an insurance certificate or policy detailing the coverage terms and conditions the apply to the Insurance. Borrower should refer to the terms and conditions contained in the applicable insurance cerdrmmk or policy issued for the exact description of neneMs and excision. Borrower Is encouraged to Inquire about coverage and refund provisions. .f the initisl amount of coverage for credit life insurance and/or credit personal property insurance set forth in Borrower'sinsurance certificate or policy is .goal to the Total of Payments stated above, it may exceed the amount necessary to pay off Borrower's loan at any given time. Any excess insurance :overage amount that may become payable will be paid to the appropriate party as designated in the insurance certificate or policy. Borrower Rcknowledges that if optional credit personal property insurance is purchased, Borrower'sproperty coverage under other policies such as homeowner's or enter's insurance may be adversely affected. lorrdWer's regular monthly loan payment ff Borrower elects not to purchase Insurance will be $ 285.44 rermieatbo of Osliand Insrmm: Borrower may cancel any of the optional insurance products obtained at lender's office at any time upon lorrower's written request for cancellation to Lender. If Borrower is in default under the terms of this agreement, Borrower authorizes the insurer to erminate any and/or all optional insurance products upon Lender's request. Upon termination of any insurance for any reason, Borrower authorizes and lirects that the insurer deliver the premium refund, if any. to Lender, which will apply it to Borrower's outstanding ban balance. Borrower hereby rrevocably and unconditionally assigns to Lender any right, title or interest which Borrower nay have in any premium refund ("Refund'). Such ssignment is absolute and not handed as security. Borrower acknowledges and agrees that the Reiland dial be the sole property of Leander and hat Borrower shad have so interest in the Refund. Lender agrees to pay to Borrower any amount by which the Refund received by Lender exceeds he outstanding ban balance. /we request the following insurance: :ostlPremium: Insurance Type: In surance Term (in mos.): 403.87 SINGLE CREDIT LIFE 60 Fiat Borrower's Signature 872.68 SINGLE CREDIT DISAB 60 NONE NO NE Second Borrower's Signature 803.68 SINGLE INVOL UN 60 Wff: In this Disclosure Statement, Note and Security Agreement, the word "Borrower" refers to the persons signing below as Borrower, whether one or ore. If more than one Borrower signs, each will be responsible, individually and together, for all promises made and for repaying the loan in fun. The ord 'Lender" refers to the Lender, whose name and address are shown above. IOMISE TO PAY: Borrower promises to pay to die order of Lender the Total of Payments (which inchdes precomputed interest charges and Service harges) shown above in substantially equal, consecutive monthly installments shown above, except that any appropriate adjustments will be made to the st and final payments, from the Date Charges Begin until the Total of Payments is fully paid. Each payment will be applied to a combined total of the mount Financed and precomputed interest charges. If any part of the balance remains unpaid on the fuel payment date, Lender, at its option, may dlect interest from and after maturity upon the then unpaid Amount Financed at the maximum rate permitted by the then applicable law or, if no aximum rate is prescribed, then at the rate of interest prevailing under this Disclosure Statement, Note and Security Agreement. w amount shown as "Service Charge' above has been paid by Borrower as a prepaid charge and is in addition to the precomputed interest on the loan. ny Service Charges are earned prior to interest on the loan balance. Prepaid Service Charges are not refundable to Borrower in the event of early :yment or termination of the account. (EPAYMENT: Borrower may prepay this loan in whole or in part at any time. If Borrower prepays in full or if Lender accelerates the unpaid balance cause of Borrower'sdefault, Borrower will be given a refund of the unearned portion of the Finance Charge, computed by the Rule of 78's. No refund of is than $1 .00 will be given. Partial prepayment will not result in a refund of interest. ?'f Borrower's Initials: N?Z- A 25431-10 7/2003 Original (Branch) Copy (Customer) Page I of 3 BARBARA`; EINDERS SECURITY AGREEMENT: O A. If this box is checked, this loan is unsecured. 349597 12;20/2007 ? B. If this box is checked, to secure the payment and performance hereof, Borrower gives to Lender a security interest under the Uniform Commercial Code in any property for which a description is completed below and all parts and equipment now or later added to the property and any proceeds of the property, all of which will be called "Property". See below for additional terms applicable to this security interest. 1. Motor vehicle/mobile home: r- Make. No. Cylinders Year/Model Model No. Or Name Body Type T Identification Number I I i 2. Other Property: ? C. If this box is checked, Borrower's loan is secured by a Deed of Trust or Mortgage of even date on real property which requires Lender's written consent to a sale or transfer of the encumbered real property located at . See either the Deed of Trust or the Mortgage for terms applicable to Lender's interest in Borrower's real property ("Property'). OWNERSHIP OF PROPERTY: Borrower represents that the Property is owned by Borrower free and clear of all liens and encumbrances except those of which Borrower has informed Lender in writing. Prior to any default, Borrower may keep and use the Property at Borrower's own risk, subject to the provisions of the Uniform Commercial Code. If the Property includes a motor vehicle or mobile home, Borrower will, upon request, deliver the certificate of cite to the motor vehicle or mobile home to Lender. USE OF PROPERTY: Borrower will not sell, ease, encumber, or otherwise dispose of the Property without Leader's prior written consent. Borrower will keep the Property at Borrower's address (as shown on page l) unless Lender has granted permission in writing for the Property to be located elsewhere. The Property will be used only in the state in which Borrower lives unless the Property is a motor vehicle, in which can it will be used outside the state only in the course of Borrower's normal use of the Property. Borrower will not use or permit the use of the Property for hire or for illegal purposes. TAXES AND FEES: Borrower will pay all taxes, assessments, and other fees payable on the Property. If Borrower fails to pay such amounts, Lender may pay such amounts for Borrower and the amounts paid by Lender will be added to the unpaid balance of the loan. INSURANCE: If Borrower purchases any insurance at Lender's office, Borrower understands and acknowledges that (1) the insurance company may be affiliated with Lender, (2) Lender's employee(s) may be an agent for the insurance company, (3) such employee(s) is not acting as the agent, broker or fiduciary for Borrower on this ban, but may be the agent of the insurance company, and (4) Lender or the insurance company may realize some benefit from the sale of that insurance. If Borrower fails to obtain or maintain any required insurance or fails to designate an agent through wham the insurance is to be obtained. Lender may purchase such required insurance for Borrower through an agent of Lender's choice, and the amounts paid by Lender will be added to the unpaid balance of the ban. FINANCING STATEMENTS: Borrower will sign all financing statements, continuation statements, security interest fling statements, and similar iocurnems with respect to the Property at Lender's request. tETURNED CHECK FEE: Lender may charge a fee riot to exceed $ 20.00 , if a check, negotiable order of withdrawal or share draft is returned for nsufficient furls or insufficient credit. ?ATE,CHARGE: If any installment is paid more than 10 days aher the scheduled payment date. Borrower agrees to pay a late charge equal to 1.5 % ter month on the past due amours until it is paid in full, with a minimum late charge of $ 1.0 0 . Lender may, at its option, waive any late charge )r portion thereof without waiving its right to require a late charge with regard to any other late payment. DEFERMENTS: Borrower agrees to pay a deferment charge equal to 1'A % per mouth on the amount defected for the period of deferment if Lender, in is sok discretion. agrees to allow Borrower, upon Borrower's request, to defer payment of any monthly installment prior to or on its due date without lorrower being considered in default. Any such deferment will extend the final payment date by one month for each deferment authorized by Borrower tad Lender. All other terms and conditions of the Disclosure Statement, Note and Security Agreement including the expiration dates of insurance :overages. remain unchanged by authorized deferments. .OAN CHARGES: If a law that applies to this loan and that sets maximum loan charges, is foully interpreted so that the interest or other ban charges :ohlecied or to be collected in connection with this loan exceed the permitted limits, then (i) any such ban charge will be reduced by the amount Necessary to reduce the charge to the permitted limit, and (6) any sums already collected from Borrower that exceeded permitted limns will be refunded o Borrower. Lender may choose to make this refund by reducing the principal owed under this ban or by nuking a direct payment to Borrower. If a efundreduces principal. the reduction will be treated as a partial prepayment without any prepayment charge. )EFAULT: Borrower will be in default if: I . Borrower does not make any scheduled payment on time; 2. Borrower is (or any other person puts Borrower) in bankruptcy, insolvency or receivership; 3. Any of Borrower's creditors attempts by legal process to take and keep any property of Borrower, including the Property securing this loan; 4. Borrower tails to fulfill any promise made under this agreement; or 5. A default occurs tinder any Real Estate Mortgage or Deed of Trust which secures this loan or under any other mortgage or deed of trust on the real property. f Borrower defaults. Lender may require Borrower to repay the entire unpaid Principal balance and any accrued interest at once. Leader's failure to xercise or delay in exercising any of its rights when default occurs does not constitute a waiver of those or any other rights under this agreement. borrower may also be required to pay reasonable attorney's fees, court costs, and the actual and reasonable expenses of repossessing. storing, and elling the Property which secures the loan. :FFECTS OF DEFAULT: If Borrower defaults, Borrower will deliver the Property to Lender or, upon Lender's demand, assemble the Property and mike it available to Lender at a reasonably convenient place. Lender may, without previous notice or demand and without legal process, peacefully raer any place where the Property is located and take possession of it. Lender may dispose of the Property in any way it wishes, subject to applicable ate law. he Property may be sold with notice at a private or public sale at a location chosen by Lender. At such a sale, Lender may purchase the Property. The roceeds of the sale or other disposition, minus the expenses of tatting. removing, holding, repairing. and selling the Property including reasonable xorney's fees, and minus the cost of paying off and removing any liens or claims on the Property, will be credited to the unpaid balance of Borrower's tan. the proceeds of the sale are not sufficient to pay off the entire balance plus costs. Borrowers agree to pay the remaining amount upon demand. If orrower his left other property in the repossessed property, Lender may hold such property temporarily for Borrower without any responsibility or liability it the property. otice of the time and place of a public sale or notice of the time after which a private sale or other disposition of the Property will occur is reasonable if jailed to the Borrower's address at least five days before the sale or disposition. The notice may be mailed to the Borrower's last address shown on ender's records. Borrower's Initials: A 25431-10 7/2003 original (!ranch) Copy (Cuatoinar) P290 7 of r BARBAtZA?A ENDERS 349597 12'/20/2007 LAW THAT APPLIES: Pennsylvania law and federal law, as applicable, govern this Disclosure Statement. Note and Security Agreement. If any part is unenforceable, this will not make any other part unenforceable. In no event will Borrower be required to pay interest or charges in excess of those permitted by law. OTHER RIGHTS: Lender may accept payments after maturity or after a default without waiving its rights with respect to any subsequent default in payment. Borrower agrees that Lender may extend time for payment after maturity without notice. The terms of this agreement can be waived or changed only in a writing signed by Lender. Where the context requires, singular words may be read in the plural and plural words in the singular, and references to the masculine gender may be read to apply to the feminine gender. OTHER TERMS: Each Borrower under this Disclosure Statement, Note and Security Agreement. if more than one, agrees that Lender may obtain approval from one Borrower to change the repayment terms and release any Property securing the loan, or add parties to or release parties from this agreement, without notice to any other Borrower and without releasing any other Borrower from his responsibilities. Lender does not have to notify Borrower before instituting suit if the note is not paid, and Lender can sue any or all Borrowers upon the default by any Borrower. Borrower, endorsers, sureties and guarantors, to the extent permitted by law, severally waive their right to require Lender to demand payment of amounts due, to give notice of amounts that have not been paid, to receive notice of any extensions of time to pay which Lender allows to any Borrower and to require Lender to show particular diligence in bringing suit against anyone responsible for repayment of this loan, and additionally, waive benefit of homestead and exemption laws now in force or later enacted, including stay of execution and condemnation, on any Property securing this loan and waive the benefit of valuation and appraisemem. This Disclosure Statement, Note and Security Agreement shall be the joint and several obligation of all makers, sureties, guarantors and endorsers and shall be binding upon them, their heirs, successors, legal representatives and assigns. If any part of the Disclosure Statement, Note and Security Agreement and, if applicable, the Mortgage or Deed of Trust and accompanying Itemization of Amount Financed and Arbitration Agreement is unenforceable, this will not make any other part unenforceable. REFINANCING: The overall cost of refinancing an existing loan balance may be greater than the cost of keeping the existing loan and obtaining a second loan for any additional funds Borrower wishes to borrow. AUTHORIZATION TO USE CREDIT REPORT: By signing below, Borrower authorizes Lender to obtain, review and use information contained in the Borrower'scredit report in order to determine whether the Borrower may qualify for products and services offered by Lender. This authorization terminates when Borrower's outstanding balance due under this Disclosure Statement, Note and Security Agreement is paid in full. Borrower may cancel such tutlor nation at any time by writing the following: Transaction Processing, 300 St. Paul Place, BSP13A, Baltimore, MD 21202. In order to process 3orrower's request, Lender must be provided Borrower's full name, address, social security number and account number. ARBITRATION. Borrower, Non-Obligor(s) (if any) and Lender have entered into a separate Arbitration Agreement on this date, the terms of which are incorporated and made a part of this Disclosure Statement, Note and Security Agreement by this reference. The following notice applies only if this box is checked. NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 3y signing below, Borrower agrees to the terms contained herein, acknowledges receipt of a copy of this Disclosure Statement, Note and Security 4greement and, if applicable, the Mortgage or Deed of Trust and of the accompanying Itemization of Amount Financed and Arbitration Agreement, and unthorizes the disbursements stated therein. ATTNESSES: 5-k) ?°?? SIGNED: Lti1. Q ??! (seal) BXRBARA A ENDERS - -Borrower (Seal) -Borrower (seal) -Borrower CITIFZ CIAL SS VZCES INC. By: (Naft itle) 1 20/20 13:27:08 ;ECURTTY INTEREST OF NONOBLIGOR: Borrower only is personally liable for payment of the loan. Notobligor is liable and bound by all other :rms. conditions, covenants, and agreements contained in this Disclosure Statement, Note and Security Agreement, including but not limited to the right nd power of Lender to repossess and sell the Property securing this loan, in the event of default by Borrower in payment of this loan. (Seal) (Seal) iignnturc Date Signature Date 4 25431-10 7/2003 Original (Branch) COPY (Custer) Paae 3 of 3 .a.?1 ? .?,t ? ?'Y't ?..?? .p..?..y ?.. f '"? ?.?J "{^M ... x. ?. ... .A? n Steven R. Snyder, Esquire Attorney ID Number 90994 2411 North Front Street, Suite 200 Harrisburg, PA 17110 (717) 238-9130 Attorney for Defendant IN THE COURT OF COMMON PLEAS IN CUMBERLAND COUNTY CITIFINANCIAL Plaintiff V. BARBARA ENDERS : Defendant No. 08-5801 CIVIL ACTION - AT LAW NOTICE TO: CITIFINANCIAL You are hereby notified to file a written response to the enclosed New Matters, within twenty (20) days from the date of service hereof or a judgment may be entered against you. By: Steven R. Snyder, Esquire Attorney ID Number 90994 2411 North Front Street, Suite 200 Harrisburg, PA 17110 (717) 238-9130 Attorneys for Plaintiff 1 Steven R. Snyder, Esquire Attorney ID Number 90994 2411 North Front Street, Suite 200 Harrisburg, PA 17110 (717) 238-9130 Attorney for Defendant IN THE COURT OF COMMON PLEAS IN CUMBERLAND COUNTY CITIFINANCIAL Plaintiff V. No. 08-5801 BARBARA ENDERS CIVIL ACTION - AT LAW Defendant ANSWER AND NOW, comes Defendant, BARBARA ENDERS, by her attorney, Steven R. Snyder, Esquire and avers that she has a full, just, and complete defense to the Plaintiffs claim wherefore the following is a statement: 1. Defendant admits the allegations set forth in paragraph 1. 2. Defendant admits the allegations set forth in paragraph 2. 3. Defendant denies the allegations set forth in paragraph 3. By way of further answer, Defendant avers she was mislead and coerced into signing the attached document by Plaintiff as a result of false and misleading information provided by Plaintiff. Had Defendant understood her rights and position as to the original loan agreement, for which 2 she was a guarantor, she would not have signed the attached loan agreement. To that end, there was no agreement and the contract is void. 4. Defendant denies knowledge or information sufficient to form a belief as to the accuracy of the statement asserted in paragraph 4 and therefore denies the same. 5. Defendant denies the allegations set forth in paragraph 5. By way of further answer, the original loan for which Defendant was a guarantor should have been satisfied in that the original borrower became disabled and had been sold insurance by Plaintiff which would have paid off the loan. As such, there was no obligation to repay the loan by Defendant and the contract is void. 6. Defendant denies the allegations set forth in paragraph 6. By way of further answer, Defendant restates the explanation set forth in her answer in Paragraph 5. 7. Defendant denies knowledge or information sufficient to form a belief as to the accuracy of the statement asserted in paragraph 7 and therefore denies the same. 8. Defendant denies knowledge or information sufficient to form a belief as to the accuracy of the statement asserted in paragraph 8 and therefore denies the same. By way of further answer, Defendant is under no obligation to make any payments under the terms of the referenced contract. 9. Defendant denies the allegations set forth in paragraph 9. By way of further answer, Defendant is under no obligation to make any payments under the terms of the referenced contract. 10. Defendant denies the allegations set forth in paragraph 10. 11. Defendant denies knowledge or information sufficient to form a belief as to the accuracy of the statement asserted in paragraph 8 and therefore denies the same. By 3 way of further answer, Defendant is under no obligation to make any payments under the terms of the referenced contract. WHEREFORE, Defendant demands judgment in her favor and request this suit be dismissed with prejudice as well as such other relief the Court may deem appropriate. NEW MATTER IN THE FORM OF AFFIRMATIVE DEFENSES 12. Paragraphs 1 through 11 above are incorporated herein by reference. 13. The original loan obligation was made by defendant's ex-husband. 14. Defendant was asked to cosign the original agreement 15. When ex-husband defaulted on the loan, Plaintiff, through the use of harassment, threats, intimidation, and manipulation, coerced wife to sign a new loan agreement. 16. Plaintiff continually called defendant and made threats of repossessing household furniture or coming to Defendant's place of employment to embarrass her thus manipulating her into signing additional loan documents. 17. Plaintiff's continued practice of harassing, threatening, intimidating and manipulating Defendant left her bereft of the quality of mind essential to enter into the contract, rendering the agreement void. WHEREFORE, Defendant demands judgment in her favor and request this suit be dismissed with prejudice as well as such other relief the Court may deem appropriate. 4 SATISFACTION AND ACCORD 18. Paragraphs 1 through 17 above are incorporated herein by reference. 19. When the original loan was entered into by Defendant's ex-husband, Plaintiff sold him life insurance and disability insurance. 20. Each time ex-husband fell behind in the payments, Plaintiff coerced him into signing a new loan agreement with additional costs, and insurances. 21. The reason ex-husband defaulted on the loan is that he was disabled as a result of alcoholism and was placed in a rehabilitation facility at the Veterans Hospital. 22. Ex-husband was admitted to the rehabilitation facility at the Veterans Hospital on two separate occasions. 23. Plaintiff was aware of the exact nature of the ex-husband's disability and that he qualified to have the loan paid off under the multiple disability insurance policies sold to him by Plaintiff. 24. The original loan should have been satisfied in full utilizing the disability insurance. 25. The subsequent loan agreements Defendant was coerced into signing were for a debt that should have already been satisfied in full by the disability insurance sold to ex-husband. 26. The original loan agreement signed by ex-husband was secured using ex- husband's automobile as collateral. 27. When ex-husband defaulted on the loan, Plaintiff should have taken possession of husband's car to satisfy the loan in full. 5 28. Instead, Plaintiff coerced Defendant into signing a new loan agreement to pay of ex-husband's debt. 29. The original loan should have been satisfied in full utilizing the collateral intended to secure the original loan. WHEREFORE, Defendant demands judgment in her favor and request this suit be dismissed with prejudice as well as such other relief the Court may deem appropriate. LACK OF CONSIDERATION 30. Paragraphs 1 through 29 above are incorporated herein by reference. 31. Plaintiff routinely requires delinquent creditors to enter into new loan agreements, including additional loan fees and insurances, in order to distinguish an original delinquent loan. 32. These new loan agreements are not supported by consideration. 33. When ex-husband defaulted on the original loan and a subsequent loan intended to make the first loan nondelinquent, Plaintiff coerced Defendant into signing am agreement, assuming the debt of ex-husband. 34. In order for a contract to be enforceable it must be supported by consideration. 35. The numerous loan agreements Plaintiff coerced Defendant into signing, where not supported by consideration. 36. The loan agreements Plaintiff seeks to enforce are unenforceable due to lack of consideration. 6 WHEREFORE, Defendant demands judgment in her favor and request this suit be dismissed with prejudice as well as such other relief the Court may deem appropriate. NEW MATTER IN THE FORM OF A COUNTER-CLAIM 37. Paragraphs 1 through 29 above are incorporated herein by reference. 38. The Pennsylvania Fair Credit Extension Uniformity Act at 73 P.S. § 2270.4 establish in relevant part, what constitutes unfair or deceptive acts or practices as follows: § 2270.4. Unfair or deceptive acts or practices (a) By debt collectors.--It shall constitute an unfair or deceptive debt collection act or practice under this act if a debt collector violates any of the provisions of the Fair Debt Collection Practices Act (Public Law 95- 109, 15 U.S.C. § 1692 et seq.). (b) By creditors.--With respect to debt collection activities of creditors in this Commonwealth, it shall constitute an unfair or deceptive debt collection act or practice under this act if a creditor violates any of the following provisions: (1) Any creditor communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall: (vi) after the creditor knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of or can readily ascertain such attorney's name and address, not communicate with any person other than that attorney unless the attorney fails to respond within a reasonable period of time to communication from the creditor. (2) Without the prior consent of the consumer given directly to the creditor or the express permission of a court of competent jurisdiction, a 7 creditor may not communicate with a consumer in connection with the collection of any debt: (i) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a creditor shall assume that the convenient time for communicating with a consumer is after 8 a.m. and before 9 p.m. local time at the consumer's location; (ii) if the creditor knows the consumer is represented by an attorney with respect to such debt and has knowledge of or can readily ascertain such attorney's name and address unless the attorney fails to respond within a reasonable period of time to a communication from the creditor or unless the attorney consents to direct communication with the consumer; or (iii) at the consumer's place of employment if the creditor knows or has reason to know that the consumer's employer prohibits the consumer from receiving such communication. (4) A creditor may not engage in any conduct the natural consequence of which is to harass, oppress or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this paragraph: (i) The use or threat of use of violence or other criminal means to harm the physical person, reputation or property of any person. (ii) The false representation of the character, amount or legal status of any debt. (iv) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, attachment or sale of any property of any person unless such action is lawful and the creditor intends to take such action. 8 (v) The threat to take any action that cannot legally be taken or that is not intended to be taken. (x) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. (6) A creditor may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this paragraph: (vi) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if: (A) there is no present right to possession of the property claimed as collateral through an enforceable security interest; (B) there is no present intention to take possession of the property; or (C) the property is exempt by law from such dispossession or disablement. 73 P.S. § 2270.4, emphasis added. 39. Plaintiff has and continues to contact the Defendant at a time and place known or which should be known to be inconvenient to the consumer, including many calls to Defendant's home and place of employment. 40. Plaintiff has and continues to contacts the Defendant at her place of employment after Plaintiff was informed that Defendant was not allowed to accept personal calls at work, in violation of state and federal statutes. 9 41. Plaintiff has and continues to engage in conduct with Defendant, the natural consequence of which is to harass, oppress and abuse Defendant in connection with the collection of a debt. 42. Plaintiff continues to contact Defendant after Plaintiff was made aware that the consumer is represented by an attorney with regard to the subject debt and Plaintiff had knowledge of such attorney's name and address. 43. Plaintiff continually threatened to come to the Defendant's place of employment in order to embarrass her. 44. Plaintiff continually threatened Defendant with the seizure, attachment and sale of her personal property which action was not provided for in the loan agreement or by any lawful court order or disposition, in order to harass, oppress and abuse Defendant in connection with the collection of the debt. 45. Plaintiff has violated the Pennsylvania Fair Credit Extension Uniformity Act (73 P.S. § 2270. et. seq.) and the Fair Debt Collection Practices Act (Public Law 95-109, 15 U.S.C. § 1692 et seq.), in connection with their efforts to collect the alleged debt against Defendant, intentionally causing severe emotional distress. 46. Pursuant to 73 P.S. § 201-9.2 Defendant is entitled to three times the actual damages as well as court costs and attorney fees from Plaintiff in conjunction with Plaintiff's violation of the Act. 73 P.S. § 201-9.2 NOW THEREFORE, Defendant request this honorable court award both three times actual damages and punitive damages to Defendant as well as court costs and attorneys fees and dismisses Plaintiffs suit with prejudice, as well as such other remedies the court believes are just and fair. 10 Respectfully submitted- Date: October 29, 2008 T `^- Steven R. Snyder, quire Attorney ID Number 90994 2411 North Front Street Suite 200 Harrisburg, PA 17110 (717) 238-9130 Fax (717) 238-9156 steve_law@comcast.net Attorney for Defendant 11 CERTIFICATE OF SERVICE I, Steven R. Snyder, Esquire, hereby certify that a true and correct copy of the foregoing ANSWER WITH NEW MATTERS was served upon Plaintiff at the following addresses below by depositing the same in the United States Mail, at Harrisburg, Pennsylvania: Cecilia Isaacs-Blundin Ballard Spahr Andrews & Ingersoll, LLP 1735 Market Street, 50 Floor Philadelphia, Pennsylvania 19103-7599 Attorney for the Plaintiff Date: October 29, 2008 By: /-,, Steven R. Snyder, Esquire Attorney ID Number 90994 2411 North Front Street, Suite 200 Harrisburg, PA 17110 (717) 238-9130 Attorneys for Plaintiff 12 Steven R. Snyder, Esquire Attorney ID Number 90994 2411 North Front Street, Suite 200 Harrisburg, PA 17110 (717) 238-9130 Attorney for Defendant IN THE COURT OF COMMON PLEAS IN CUMBERLAND COUNTY CITIFINANCIAL Plaintiff V. No. 08-5801 BARBARA ENDERS CIVIL ACTION - AT LAW Defendant JURY TRIAL DEMANDED VERIFICATION I, BARBARA ENDERS, verify that the statements contained in this ANSWER WITH NEW MATTERS are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. 4 7,41 1- Date: BAR ARA ENDERS N c;-a .. X -43 t!3 BALLARD SPAHR ANDREWS & INGERSOLL, LLP By: Martin C. Bryce, Jr., ID No. 59409 Cecilia Isaacs-Blundin, ID No. 203861 1735 Market Street, 51st Floor Philadelphia, PA 19103-7599 (215) 864-8468 CitiFinancial, Plaintiff, V. Barbara Enders, Defendant. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-5801 PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER AND ANSWER TO COUNTERCLAIM New Matter: Duress/ Coercion 11. Plaintiff incorporates by reference its Complaint as if fully set forth herein. 12. Denied. Defendant Barbara Enders is the only person obligated to repay the loan at issue in this case. To the extent defendant's ex-husband should be considered relevant to this action, strict proof thereof is demanded at trial. 13. Denied for the same reasons stated in Paragraph 12. 14. Denied for the same reasons stated in Paragraph 12. 15. Denied. The allegations set forth in paragraph 15 of Defendant's Answer are conclusions of law to which no responsive pleading is required. To the extent an answer is deemed necessary, Plaintiff never harassed, threatened, intimidated, manipulated or coerced "wife." 16. Denied. The allegations set forth in paragraph 16 of Defendant's Answer are conclusions of law to which no responsive pleading is required. To the extent an answer is deemed necessary, Plaintiff never threatened, manipulated, or embarrassed Defendant. DMEAST #10154652 v1 17. Denied. The allegations set forth in paragraph 17 of Defendant's Answer are conclusions of law to which no responsive pleading is required. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's New Matter with prejudice. New Matter: Satisfaction and Accord 18. Plaintiff incorporates by reference the preceding paragraphs as if fully set forth herein. 19. Admitted in part and denied in part. It is admitted that Defendant's ex-husband may have purchased life insurance; however, Defendant's ex-husband never purchased disability insurance in conjunction with any CitiFinancial loan. 20. Denied. The allegations set forth in paragraph 20 of Defendant's Answer are conclusions of law to which no responsive pleading is required. To the extent an answer is deemed necessary, Plaintiff never coerced Defendant's ex-husband. 21. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the allegation in paragraph 21. 22. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the allegation in paragraph 22. 23. Denied. The allegations set forth in paragraph 23 of Defendant's Answer are conclusions of law to which no responsive pleading is required. To the extent an answer is deemed required, Defendant's ex-husband never purchased any disability insurance policy from Plaintiff. 24. Denied. The allegations set forth in paragraph 24 of Defendant's Answer are conclusions of law to which no responsive pleading is required. To the extent an answer is deemed required, Defendant's ex-husband never purchased any disability insurance policy from Plaintiff. 25. Denied. The allegations set forth in paragraph 25 of Defendant's Answer are conclusions of law to which no responsive pleading is required. To the extent an answer is deemed DMEAST #10154652 v1 2 required, Defendant's ex-husband never purchased any disability insurance policy from Plaintiff. 26. Admitted in part and denied in part. It is admitted only that Defendant and her ex- husband had used a 1992 Dodge Spirit automobile as collateral for loans in the past. Defendant's characterization that there was an "original loan agreement" is denied. 27. Denied. The allegations set forth in paragraph 27 of Defendant's Answer are conclusions of law to which no responsive pleading is required. 28. Denied. The allegations set forth in paragraph 28 of Defendant's Answer are conclusions of law to which no responsive pleading is required. To the extent an answer is deemed necessary, Plaintiff never coerced Defendant or her ex-husband. 29. Denied. The allegations set forth in paragraph 29 of Defendant's Answer are conclusions of law to which no responsive pleading is required. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's New Matter with prejudice. New Matter: Lack of Consideration 30. Plaintiff incorporates by reference the preceding paragraphs as if fully set forth herein. 31. Denied. Plaintiff does not require delinquent creditors to enter new loan agreements, buy insurance, or pay additional fees. 32. Denied. The allegations set forth in paragraph 32 of Defendant's Answer are conclusions of law to which no responsive pleading is required. By way of further answer, Plaintiff does not require delinquent creditors to enter new loan agreements. 33. Denied. The allegations set forth in paragraph 33 of Defendant's Answer are conclusions of law to which no responsive pleading is required. By way of further answer, Plaintiff never coerced Defendant into signing anything. 34. Admitted. DMEAST #10154652 v1 3 J 35. Denied. The allegations set forth in paragraph 35 of Defendant's Answer are conclusions of law to which no responsive pleading is required. To the extent an answer is deemed required, any agreement entered between Plaintiff and Defendant was negotiated at arm's-length and supported by consideration. 36. Denied. The allegations set forth in paragraph 36 of Defendant's Answer are conclusions of law to which no responsive pleading is required. To the extent an answer is deemed required, the loan which is the subject of Plaintiff's Complaint was negotiated at arm's- length and supported by consideration. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's New Matter with prejudice. Counterclaim 37. Plaintiff incorporates by reference the preceding paragraphs as if fully set forth herein. 38. Admitted in part and denied in part. The subparagraphs cited as 73 P.S. § 2270.4(4)(ii), 73 P.S. § 2270.4(4)(iv), and 73 P.S. § 2270.4(4)(x) actually appear in the statute at 73 P.S. § 2270.4(5)(ii), 73 P.S. § 2270.4(5)(iv), and 73 P.S. § 2270.4(5)(x). Otherwise, this paragraph is admitted. 39. Denied. Plaintiff only contacted Defendant at times and in places permitted by the statute. By way of further answer, Plaintiff has not contacted Defendant directly since she informed Plaintiff that she is represented by counsel. 40. Denied. If Defendant was not allowed to accept personal calls at work, she never put Plaintiff on notice of that fact. By way of further answer, Plaintiff has not contacted Defendant directly since she informed Plaintiff that she is represented by counsel. 41. Denied. The allegations set forth in paragraph 41 of Defendant's Answer are conclusions of law to which no responsive pleading is required. By way of further answer, Plaintiff has not engaged in said conduct. DMEAST #10154652 v1 4 42. Denied. Plaintiff has not contacted Defendant directly since she informed Plaintiff that she is represented by counsel. 43. Denied. Plaintiff has never threatened to come to Defendant's work place to embarrass her. 44. Denied. Plaintiff has never threatened Defendant or otherwise intended to harass, oppress, or abuse her. 45. Denied. The allegations set forth in paragraph 45 of Defendant's Answer are conclusions of law to which no responsive pleading is required. 46. Denied. The allegations set forth in paragraph 46 of Defendant's Answer are conclusions of law to which no responsive pleading is required. WHEREFORE, Plaintiff respectfully requests that this Honorable Court dismiss Defendant's Counterclaim with prejudice. Martin C. Bryce, Jr. Cecilia Isaacs-Blundin Ballard Spahr Andrews & Ingersoll, LLP 1735 Market Street, 51st Floor Philadelphia, PA 19103-7599 (215) 864-8468 Attorneys for Plaintiff DMEAST #10154652 v1 5 VERIFICATION I, Anthony M. Cordwell, Associate General Counsel for CitiFinancial Services, Inc. ("CitiFinancial"), hereby verify that I am familiar with the facts addressed in the foregoing Reply, which are true and correct to my information, knowledge and belief, and that I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: < < ?y X?671 L---( Antho . Cordwell For Cit nancial Services, Inc. DMEAST #10154652 v1 CitiFinancial, COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW Barbara Enders, : NO. 08-5801 Defendant. Certificate of Service I hereby certify that on November 17, 2008, a true and correct copy of the foregoing Reply to Defendant's New Matter and Counterclaim was served via first class mail, postage prepaid, upon: Dated: November 17, 2008 Steven R. Snyder, Esquire 2411 North Front Street Suite 200 Harrisburg, PA 17110 Attorney for Defendant dIsaacs-Blundin DMEAST #10154652 v1 2 t^=+ i ? ?. ($?? 4 ? ? ?Y`r _ -.?ti,= ?? ?; n. y ? .. - ::, BALLARD SPAHR LLP Attorneys for Plaintiff By: Martin C. Bryce, Jr. Pa. Bar ID No. 59409 Ciffinancial G © o Daniel JT McKenna Pa. Bar ID No. 93930 =- 1735 Market Street, 51st Floor i - n rnF Philadelphia, Pennsylvania 19103-7599 - -°r`'1 Telephone: 215.864.8468 ° ° Facsimile: 215.864.9207 =o brvice@ballardspahr.com lo --n c-) mckennad@baliardsl2ahr.com ? °r'1 IN THE COURT OF COMMON PLEAS IN CUMBERLAND COUNTY CITIFINANCIAL Plaintiff V. No. 08-5801 BARBARA ENDERS CIVIL ACTION - AT LAW Defendant JURY TRIAL DEMANDED JOINT PRAECIPE TO MARK PLAINTIFF'S CLAIM AND DEFENDANT'S COUNTERCLAIM SETTLED. DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly mark Plaintiff s Claim and Defendant's Counterclaim Settled, Discontinued and Ended upon the payment of your costs only. Daniel JT McKenna, gdire BALLARD SP , I-LP t Floor 1735 Market Street, U-7599 Philadelphia, PA 19 Attorneys for Plaintiff, CitiFinancial i Steven R. Snyder, Esquire 4292 Emily Drive Harrisburg, PA 17112 Attorney for Defendant Barbara Enders DMEAST #13047152 v1