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Home My WebLink About04-3817 BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITffiANK (SOUTH DAKOTA) N.A. 701 EAST 60th STREET NORTH SIOUX FALLS, SD IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 0'1- 3'i/1 C;,.;;) T......... LISA T SHEDLOSKY 6346 N POWDERHORN ROAD MECHANICSBURG, P A : CIVIL ACTION - LAW Defendant 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, GO TO OR TELEPHONE THE OFFICE SET .FORTH BELOW. TIDS 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 ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PAl 7013 800-990-9108 10007.034.6014 -- BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, P A 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. 701 EAST 60th STREET NORTH SIOUX FALLS, SOUTH DAKOTA Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANI v. : NO. Olf 3\'/1 Cu.xt It- LISA T SHEDLOSKY 6346 N POWDERHORN ROAD MECHANICSBURG, PENNSYLVANIA Defendant : CIVIL ACTION - LAW Complaint 1. The plaintiff is Citibank (South Dakota) N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. The defendant is LISA T SHEDLOSKY, who resides at 6346 N POWDERHORN ROAD MECHANICSBURG, CUMBERLAND County, Pennsylvania. 3. Plaintiff, a national banking association, engages in various types of banking business including consumer lending through the issuance of credit cards. 4. Plaintiff furnished consumer credit to the defendant by means of a credit card with an account number 5424180107648450 hereinafter referred to as the credit card account. 5. Plaintiff maintained an accurate and running record of all debits and credits to the credit card account in its books of account. 6. Plaintiff mailed defendant a written statement each month which accurately stated the debits and credits to the credit card account for the prior billing cycle. 7. Defendant received the monthly statements from plaintiff for the credit card account, including the statement attached as Exhibit A, without protest, dispute or objection. 8. DefeIldant state ' by Ilot Illent th protestin acco ' ereby ass 'g, disput" UlJ.t So as eIlted and llJ.g, Or ob' 9. The to COIlStitut agreed to th !fectiIlg to th ilIJ.loUlJ.t dean acc e COl2'e eState EXhibit A. Ue Plaintiff oUlJ.t stated ctness of th b IlleIlts includj II" statel11e. OIl the' e aJance Ilg the E . 'Y IlerefoIi 11t, 1S $2013 aCCOUlJ.t sta due OIl th Xhibit A. COsts e, Plaintiff de 5.76 ted less credo e credit c~d ofth . 1lJ"~d . 1ts 'f 1S act" ~, s JUd d any' 10Il. 'l?l11eIlt ag . 1ssUed Sub allJ.st the deft seqUeIlt to th eIldant fr e Or the s l1I1J Of$20l35 76 . and the 8. Defendant, by not protesting, disputing, or objecting to the statements including the Exhibit A statement, thereby assented and agreed to the correctness of the balance due on the credit card account so as to constitute an account stated. 9. The amount due plaintiff on the account stated less credits, if any issued subsequent to the Exhibit A statement, is $20135.76 Wherefore, plaintiff demands judgment against the defendant for the sum of $20135.76 and the costs of this action. Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. 12/18/03 !WillMlifi~1tm $20137.70 i!Wir~C:::::.Yf $9999.99 ~~~ifit~~~~! SITE:KC-CL TM:CO-5000 07/13/04 ACID:KCB7150 19:38:21: LISA T SHEDLOSKY ATTNY ACCOUNT-CODE=FN34 MECHANICSBURG 17 0 5 5 - 83 0 S 0 0 0 CIT! CARDS P.O. BOX 8116 S HACKENSACK. NJ 07606 -8116 PA Citt Dividend Platinum Select'" Card For Cus:tomer Servk.. cell or write 1-800-925-8871 Account Number 5424 1801 0764 8450 PAY~ENT MUST BE RECEIVED BY 1:00 PM LOCAL TIME ON 12/18/2003 T.'.,orf:blfllnqwr......thr to *'* ....... 1:_1'19 will netJll....,~ye\II'l1qhb.. BOX 6500 SIOUX FALLS, SO S7117 StaNment/CJosing Date Total Credit Une Available Credit line Cash Advaoce Limit Available Cash Limit New Salam:e 11/24/2003 $17000 $0 $2000 $0 $20137.70 ~~~JtrLfn:r PastDu8 Purch/Adv Minimum Amount Due MlnlmllmOuQ $3137.70 $5144.26 $424.00 $20137.70 Sa" Dat. Pott 1>et4> A.f.rence Numb.r Adtvtt, Since Last Statement A....nt Help is available! Please call the toll-free number shown above to learn about our special payment options. Call Mondav . Fridav. 7 am to 9 pm. or Saturday. 8 am to 5 pm. Central Time. Please give us the opportunity to assist you. Account SUmmary PURCHASES ADVANCES TOTAL Previous Bftlance $20,137.70 $0.00 $20,137.70 (+) Purchases & Advances 10.00 0.00 0.00 (-) Paymants & Croclt. 10.00 0.00 0.00 (+) FINANCE CHARGE 10.00 0.00 0.00 (=) Now Etalancf $20,137.70 $0.00 $20.137.70 Rate Summary PURCHASES Standard Purch ADVANCES Standard Adv Ball!lnclt Subject to Finance Charge "Periodic R.t. Davs ThIs BllnnQ PerIod: 31 Nomin.1 ANNUAL APR PtRCENTAGE RATE $0.00 $0.00 0.06573%(0) 0.06573%(0) 23.990% 23.990% 23.990% 23.990% FXHIBIT A Verification SUSAN CAREY is an attorney management specialist for Citibank (South Dakota), NA and Citicorp Credit Services, Inc., wholly owned subsidiaries of Citigroup, the within Plaintiff in this action. She/he verifies that the statements offact made in the foregoing Complaint are true and correct to the best of her knowledge and belief. The undersigned understands that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: , j'd.5 jO'-/ klfM Account number: 5424180107648450 Defendant: LISA T SHEDLOSKY ,,' C.:::> C) C;., -q ~ ~ :~'.. ::~~ (0 ~ -F c, , j"il!~3} -,-' frj t ~ .':':9 '- '.j'~~) (f\ ., w .J:. .. dt) '>(\ LJ U-, r'J fil ~ /r., 'd '- SHERIFF'S RETURN - REGULAR CASE NO: 2004-03817 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS SHEDLOSKY LISA T CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHEDLOSKY LISA T the DEFENDANT , at 1219:00 HOURS, on the 11th day of August , 2004 at 6346 N POWDERHORN ROAD MECHANICSBURG, PA 17055 by handing to LISA T. SHEDLOSKY 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 So 18.00 8.14 .00 10.00 .00 36.14 ;;~~~~<:~ R. Thomas Kline 08/12/2004 BURTON NEIL & ASSOC Sworn and Subscribed to before By: ~~ Deputy Sheriff ~ me this /A-A-' day of ,1.":r-wJ"",, .;).{)(J'f' A.D. r'!'1""O ~-"J ^~ .... ~l1othonotary I Fc\FILES\DA T AFlLE\General\CUlTent\6946.citibankpo~_wpd Creat<<l:02/25/98 12:52:59 PM Revised: 09109/0411c24:56AM CITIBANK (SOUTH DAKOTA) N.A. 701 EAST 60TH STREET NORTH SIOUX FALLS, SD Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 04-3817 CNIL TERM LISA T. SHEDLOSKY 6346 N. POWDERHORN ROAD MECHANICSBURG, P A Defendant CNIL ACTION - LAW TO: CITIBANK (SOUTH DAKOTA) N.A. and its counsel, BURTON NEIL & ASSOCIATES, P.C. YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN PRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF, OR A JUDGMENT MAY BE ENTERED AGAINST YOU. PRELIMINARY OBJECTIONS AND NOW, comes Lisa T. Shedlosky, by and through her attorneys, Martson Deardorff Williams & Otto. and hereby preliminarily objects as follows: 1. On August 4, 2004, Plaintiff filed a complaint seeking to collect an alleged debt evidenced by a document attached to Plaintiffs complaint as Exhibit "A." 2. Exhibit A attached to Plaintiffs is a monthly statement for closing date November 24, 2003. 3. Plaintiff failed to attach any documentation indicating the terms of the agreement to which it alleges Defendant consented to be bound. 1 OBJECTION 1 FAILURE OF PLEADING TO CONFORM TO RULES OF COURT UNDER PA.R.C.P. l028(a)(2) 4. Paragraphs 1 through 3 are incorporated herein as if fully set forth. 5. Assuming all the facts set forth andlor admitted in Plaintiffs complaint are true, no theory oflaw will permit Plaintiff to recover when Plaintiff fails to produce an underlying writing evidencing the terms of an alleged promise to payor debt agreement. 6. Plaintiff has failed to attach evidence ofthe terms of the alleged credit agreement to the complaint; therefore, Plaintiff has failed to conform its complaint to Pa.R.C.P. 1019(i). 7. Plaintiff has failed to plead whether their claim is based on any oral or written agreement; therefore, Plaintiff has failed to conform its complaint to Pa.R.C.P. 1019(h). WHEREFORE, this Court is asked to sustain Defendant's preliminary objections on the ground offailure of pleading to conform to Rules of Court under Pa.R.C.P. 1028(a)(2) and dismiss the complaint with prejudice. MARTSON DEARDORFF WILLIAMS & OTTO BYca~ P A Attorney LD. No. 75901 Jennifer 1. Spears, Esquire P A Attorney LD. No. 87445 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Defendant Date: September 9,2004 2 CITIBANK (SOUTH DAKOTA) N.A. 701 EAST 60TH STREET NORTH SIOUX FALLS. SD Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3817 CIVIL TERM LISA T. SHEDLOSKY 6346 N. POWDERHORN ROAD MECHANICSBURG, PA Defendant CIVIL ACTION - LAW CERTIFlCATE OF SERVICE I, Jennifer L. Spears, Esquire. certify that a copy of the foregoing was served by First Class Mail as follows: Burton Neil, Esquire Burton Neil & Associates, P.C. 26 South Church Street PO Box 356 West Chester, PA 19382 Date: September 9,2004 ~~P8JM r-__1 ( , ~ , C', BURTON NEIL & ASSOCIATES, P.C. Jay H. Pressman, Esquire, Id. no. 38800 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-692-2120 Attornev for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. LISA T. SHEDLOSKY NO. 04-3817 Defendant CIVIL ACTION - LAW Plaintiff's Answer to Defendant's Preliminarv Objections to Plajntiff's Comolaint Plaintiff, Citibank (South Dakota), N.A. by its connse1, Jay H. Pressman, Esquire and Burton Neil & Associates, P.C. hereby answers Defendant's Preliminary Objections as follows: 1. Admitted in part. Denied in part. It is denied that the debt is alleged. To the contrary the debt is due and owing. 2. Denied. No allegations offact are set forth in this averment. PllfSuant to Pa. R.C.P. 1 029( d), the averment is denied. By way of further answer, Exhibit A is a docnment which speaks for itself. 3. Admitted in part. Denied in part. It is admitted plaintiff did not attach an agreement to the complaint. It is denied plaintiff was required to do so or Ihat the complaint alleges defendant agreed to be bonnd by the terms of an agreement. To the contrary, plaintiff's cause of action is not based on a breach of contract as is implied by defendant's preliminary objections. Rather, the action is based on an acconnt stated. The account is attached to the complaint. A. Objection under Pennsvlvania Rule of Civil Procedure l028(a)(2) 4. Plaintiff incorporates by reference the answers to paragraphs 1 through 3. 5. Denied. No allegations offact are set forth in this averment. Pllfsuant to Pa. R.C.P. 1029(d), the averment is denied. By way of further answer, plaintiff's cause of action is not based on a breach of contract as is implied by defendant's preliminary objections. Rather, the action is based on an account stated under. Plaintiff is entitled to recover in this action based upon an account stated. 6. Admitted in part. Denied in part. It is admitted evidence ofthe terms of an agreement was not attached to the complaint. It is denied that there was any requirement on plaintiff to do so under Pennsylvania Rule of Civil Procedure 10 19(i). By way of further response, plaintiff's cause of action is not based on a breach of agreement as is implied by defendant's preliminary objections. Rather, the action is based on an account stated. The account is attached to the complaint. 7. Admitted in part. Denied in part. It is admitted the complaint does not state if the claim is based upon a written or oral agreement. It is denied that there was any requirement on plaintiff to do so under Pennsylvania Rule of Civil Procedure 1019(h). By way of further response, plaintiff's cause of action is not based on a written or oral agreement as is implied by defendant's preliminary objections. Rather, the action is based on an account stated, which is plead in the complaint. WHEREFORE Plaintiff moves the Court overrule Defendant's preliminary objection. BURTON NEIL & ASSOCIATES, P.C. By Jay H Pre sman, Esquire A orney for Plaintiff In making this communication, we advise that this firm is a debt collector. BURTON NEIL & ASSOCIATES, P.C. By: Jay H Pressman, Esquire Identification No. 38800 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696.2120 ATTORNEY FOR: Plaintiff CITlBANK (SOUTH DAKOTA)N.A. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA VS. LISA T SHEDLOSKY : NO. 04-3842 Defendant : CIVIL ACTION - LAW Certificate of Service I, Jay H Pressman, Esquire do hereby certifY that a I served a true and correct copy of the within plaintiff's Answer to Defendant's Preliminary Objections to Plaintiff's Complaint on defendant, at his address of record via first class mail, postage prepaid on the date set forth below. BURTON NEIL & ASSOCIATES, P.C. BY: ~ ay Pressman, Esquire .omey for Plaintiff Date Notice: Burton Neil and Associates, P.C. is a debt collector BURTON NEIL & ASSOCIATES, P.C. Jay H. Pressman, Esqnire, Id. no. 38800 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-692-2120 Attornev for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. LISA T. SHEDLOSKY NO. 04-3817 Defendant CIVIL ACTION - LAW Plaintiff's Answer to Defendant's Pre1iminarv Obiections to Plaintiff's Comnlaint Plaintiff, Citibank (South Dakota), N.A. by its counsel, Jay H. Pressman, Esquire and Burton Neil & Associates, P.C. hereby answers Defendant's Preliminary Objections as follows: 1. Admitted in part. Denied in part. It is denied that the debt is alleged. To the contrary the debt is due and owing. 2. Denied. No allegations of fact are set forth in this averment. Pursuant to Pa. R.C.P. 1 029( d), the averment is denied. By way of further answer, Exhibit A is a document which speaks for itself. 3. Admitted in part. Denied in part. It is admitted plaintiff did not attach an agreement to the complaint. It is denied plaintiff was req11ired to do so or that the complaint alleges defendant agreed to be bound by the terms of an agreement. To the contrary, plaintiff's cause of action is not based on a breach of contract as is implied by defendant's preliminary objections. Rather, the action is based on an account stated. The account is attached to the complaint. A. Obiection under Pennsvlvania Rule of Civil Procedure I028(a)(2) 4. Plaintiff incorporates by reference the answers to paragraphs 1 through 3. 5. Denied. No allegations offact are set forth in this averment. Pursuant to Pa. R.C.P. 1029(d), the averment is denied. By way of further answer, plalntiff's cause of action is not based on a breach of contract as is implied by defendant's preliminary objections. Rather, the action is based on an account stated under. Plaintiff is entitled to recover in this action based upon an account stated. 6. Admitted in part. Denied in part. It is admitted evidence of the terms of an agreement ~(Q)(P~ n ,,; -"LJ ~,"; u,;r'~: ::::;:::::r: ~f... S:'2 ',- ,- ::;-.: ~~:i:J .PC ;j;.; =-:< 0:::'\ /-"" /'";:' "" = C.::l .r- V) f'"l '1J (..) a ;no. -'fiI'. - fii :-l .J:~ m.~l -oFT; as? ~-i9 ;:c -.r{ ,'.- -=-;?C) om ".~ )00' on -< Cl BURTON NEIL & ASSOCIATES, P.C. Jay H. Pressman, Esquire, Id. no. 38800 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-692-2120 Attornev for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. LISA T. SHEDLOSKY NO. 04-3817 Defendant CIVIL ACTION - LAW Plaintiffs Answer to Defendant's Preliminary Obiections to Plaintiffs Comolaint Plaintiff, Citibank (South Dakota), N.A. by its counsel, Jay H. Pressman, Esquire and Burton Neil & Associates, P.C. hereby answers Defendant's Preliminary Objections as follows: 1. Admitted in part. Denied in part. It is denied that the debt is alleged. To the contrary the debt is due and owing. 2. Denied. No allegations offact are set forth in this averment. Pursuant to Pa. R.C.P. 1 029( d), the averment is denied. By way of further answer, Exhibit A is a document which speaks for itself. 3. Admitted in part. Denied in part. It is admitted plaintiff did not attach an agreement to the complaint. It is denied plaintiff was required to do so or that the complaint alleges defendant agreed to be bound by the terms of an agreement. To the contrary, plaintiffs cause of action is not based on a breach of contract as is implied by defendant's preliminary objections. Rather, the action is based on an account stated. The account is attached to the complaint. A. Objection under Pennsvlvania Rule of Civil Procedure 1028(a)(2) 4. Plaintiff incorporates by reference the answers to paragraphs 1 through 3. 5. Denied. No allegations off act are set forth in this averment. Pursuant to Pa. R.C.P. 1029(d), the averment is denied. By way of further answer, plaintiffs cause of action is not based on a breach of contract as is implied by defendant's preliminary objections. Rather, the action is based on an account stated under. Plaintiff is entitled to recover in this action based upon an account stated. 6. Admitted in part. Denied in part. It is admitted evidence of the terms of an agreement was not attached to the complaint. It is denied that there was any requirement on plaintiff to do so under Pennsylvania Rule of Civil Procedure 10l9(i). By way of further response, plaintiff's cause of action is not based on a breach of agreement as is implied by defendant's preliminary objections. Rather, the action is based on an account stated. The account is attached to the complaint. 7. Admitted in part. Denied in part. It is admitted the complaint does not state if the claim is based upon a written or oral agreement. It is denied that there was any requirement on plaintiff to do so under Pennsylvania Rule of Civil Procedure 10 19(h). By way of further response, plaintiff's cause of action is not based on a written or oral agreement as is implied by defendant's preliminary objections. Rather, the action is based on an account stated, which is plead in the complaint. WHEREFORE Plaintiff moves the Court overrule Defendant's preliminary objection. SOCIATES, P.C. In making this communication, we advise that this firm is a debt collector. BURTON NEIL & ASSOCIATES, P.C. By: Jay Pressman, Esquire Identification No: 38800 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-692-2120 Attornev for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff :1N THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA VS. LISA T SHEDLOSKY :NO.04-3817 Defendant :CIV1L ACTION - LAW Certificate of Service Jay Pressman, Esquire, being duly sworn according to law, deposes and says that he is attorney for plaintiffCitibank (South Dakota) N.A., that he served a true and correct copy of the Plaintiff's Answer to Defendant's Preliminary Objections to Plaintiff's Complaint and Proposed Order on defendant's counsel of record, Jennifer L Spears, Esquire, by first class mail, postage pre- paid on the date set forth below. Dated: o lot 04- In making this communication, we advise that this office is a debt collector. BURTON NEIL & ASSOCIATES, P.C. Jay H. Pressman, Esquire, Id. no. 38800 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-692-2120 Attornev for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. Plaintiff IN THE COURT OF COMMON PLEAS v. LISA T. SHEDLOSKY CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3817 Defendant CIVIL ACTION - LAW Plaintiff's Answer to Defendant's Preliminary Obiections to Plaintiff's Comnlaint Plaintiff, Citibank (South Dakota), N.A. by its counsel. Jay H. Pressman, Esquire and Burton Neil & Associates, P.C. hereby answers Defendant's Preliminary Objections as follows: 1. Admitted in part. Denied in part. It is denied that the debt is alleged. To the contrary the debt is due and owing. 2. Denied. No allegations of fact are set forth in this averment. Pursuant to Pa. R.C.P. 1 029( d), the averment is denied. By way of further answer, Exhibit A is a document which speaks for itself. 3. Admitted in part. Denied in part. It is admitted plaintiff did not attach an agreement to the complaint. It is denied plaintiff was required to do so or that the complaint alleges defendant agreed to be bound by the terms of an agreement. To the contrary, plaintiff's cause of action is not based on a breach of contract as is implied by defendant's preliminary objections. Rather, the action is based on an account stated. The account is attached to the complaint. A. Obiection under Pennsv1vania Rule of Civil Procedure 1028(a)(2) 4. Plaintiff incorporates by reference the answers to paragraphs 1 through 3. 5. Denied. No allegations off act are set forth in this averment. Pursuant to Pa. R.C.P. 1 029( d), the averment is denied. By way of further answer, plaintiff s cause of action is not based on a breach of contract as is implied by defendant's preliminary objections. Rather, the action is based on an account stated under. Plaintiff is entitled to recover in this action based upon an account stated. ~ t(5\ fD) \V7 6. Admitted in part. Denied in part. It is admitted evidence of the te~~dJ r....,.l c:> :'") ->..:-- --I i' ;'1.- r",) ()"; c/) i,'-' C,,'\ ...,. .< 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. LISA 1. SHEDLOSKY Defendant No. 04-3817 Civil Action-Law 2004 1. Matter to be argued: Defendant's Preliminary Obiections and Plaintiff's Answer to Preliminary Obiections and Brief in SuPt;lort thereof 2. IdentifY counsel who will arg11e case: (a) for plaintiff: Jay H. Pressman, Esquire, ID# 38800 BURTON NElL & ASSOCIATES, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 (b) for defendant: Jennifer L. Spears, Esquire, 10# 87445 Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 (717) 243-3341 3. I will notifY all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: May 4. 2005 (j "', 0 <:::':"1 C c:..., -n <or' ='"> -I -n :C-n :;0 n1r:-: -CO? .,) '::~~~) --"- " --0 ~';?(~ ::1:.: () rn c. r-:? -;:,:.;- ~:~ =2 en "-~':J ill .....;.,: CITIBANK (SOUTH DAKOTA) N.A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW LISA T. SHEDLOSKY, Defendant NO. 04-3817 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT BEFORE BAYLEY and OLER, JJ. ORDER OF COURT AND NOW, this 5th day of May, 2005, upon consideration of Defendant's preliminary objections to Plaintiff's complaint, and following oral argument held on May 4, 2005, the preliminary objections of Defendant are sustained to the extent that, unless Plaintiff has filed an amended complaint within 21 days of the date of this order containing a copy of the parties' cardholder agreement, or an explanation of its omission in accordance with Pennsylvania Rule of Civil Procedure 10 19(i), Plaintiff's complaint will be deemed dismissed without further order of court. See Atlantic Credit and Finance, Inc. v. Giullana, 2003 P A Super 259, 829 a.2d 340 (2003). BY THE COURT, ~an Quinlan, Esq. 3344 Trindle Rd. Camp Hill, PA 17011 "...fay H. Pressman, Esq. Suite 170 1060 Andrew Dr. West Chester, PA 19380 Attorneys for Plaintiff "7 1\ "'.r'/"'l \Ie" oz:\ (Iri Cl __ ,!P~) rrJfi7 ." ., ~ d :I, .,;V - .,;Carl C. Risch, Esq. Hillary A. Dean, Esq. 10 East High St. Carlisle, PA 17013 Attorneys for Defendant BURTON NEIL & ASSOCIATES, P.C. BY: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-3817 Civil Term LISA T. SHEDLOSKY Defendant : CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly discontinue the above-captioned action without prejudice. BUR-T7L & ASSOCIATES, P.C. '-'ftY~.~I, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector 7.6014 () c) -n -, l;:"l~ (." '-:'';'1 co I' F:\J<11,ES\DATAF1LE\Crcncra!\Currcni\6<i46.;'i'J-pctstrikepel Crcalc<l: (,)7/0$ 11:52AM Rcv~o;cd: 6/1.(05 H1:(I~AM CITIBANK (SOUTH DAKOTA) N.A. 701 EAST 60TH STREET NORTH SIOUX FALLS, SD Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3817 CIVIL TERM LlSA T. SHEDLOSKY 6346 N. POWDERHORN ROAD MECHANICSBURG, PA Defendant CIVIL ACTION - LAW DEFENDANT'S PETITION TO STRIKE PLAINTIFF'S PRAECIPE TO DISCONTINUE AND NOW, comes the Defendant, Lisa T. Shedlosky, by and through her attorneys, MARTSON DEARDORFF WILLIAMS & OTIO, and respectfully represents as follows: 1. The Plaintiff, Citibank (South Dakota) N .A., is a corporation with a business address of 701 East 60th Street North, Sioux Falls, South Dakota. 2. The Defendant, Lisa T. Shed10sky, is an individual with an address of 6346 N Powderhorn Road, Mechanicsburg, Pennsylvania, 17050. 3. On August 4, 2004, Plaintiff filed a Complaint against Defendant in the Cumberland County Court of Common Pleas. 4. On September 9, 2004, Defendant filed Preliminary Objections in response to Plaintiff's Complaint. 5. On or about May 4,2005, the Plaintiff and the Defendant appeared before the Court for oral argument in regard to Defendant's Preliminary Objections. 6. On or about May 5,2005, Judge Oler, Jr. issued an Order of Court which stated, "the preliminary objections of Defendant are sustained to the extent that, unless Plaintiff has filed an amended complaint within 21 days of the date of this order containing a copy of the parties' cardholder agreement, or an explanation of its omission in accordance with Pennsylvania Rule of Civil Procedure 1019(i), Plaintiff's complaint will be deemed dismissed without further order of court." The Order is attached hereto as Exhibit "A." ( , 7. More than 21 days after the Order of Court, on May 31, 2005, Plaintiff filed a Praecipe to Discontinue the above action "without prejudice." 8. Because the Plaintifffailed to file an amended complaint within 21 days after the May 5,2005, Plaintiff's Complaint was deemed dismissed pursuant to Order of Court. 9. Therefore, Plaintiff's Praecipe to Discontinue "without prejudice" has no legal effect in this matter, is unenforceable and must be stricken. 10. It is believed, and therefore averred, that Plaintiff is attempting to discontinue this action "without prejudice" in order to preserve its ability to re-institute this action against Defendant in the future. 11. The concurrence of opposing counsel of record in this matter was sought on June 8, 2005, but was not obtained. WHEREFORE, the Defendant, Lisa T. Shedlosky, prays this Court to grant a rule upon the Plaintiff to show cause why the Praecipe to Discontinue should not be stricken. MARTSON DEARDORFF WILLIAMS & OTTO By ((Qw Carl C. Risch, Esquire Attorney LD. No. 75901 Hillary A. Dean, Esquire Attorney LD. No. 92878 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: JUne 8 LD05 , Attorneys for Defendant CITIBANK (SOUTH DAKOTA) N.A., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW LISA T. SHEDLOSKY, Defendant NO. 04-3817 CIVIL TERM IN RE: DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT BEFORE BAYLEY and OLER, JJ. ORDER OF COURT AND NOW, this 5th day of May, 2005, upon consideration of Defendant's preliminary objections to Plaintiffs complaint, and fo!lowing oral argument held on May 4, 2005, the preliminary objections of Defendant are sustained to the extent that, unless Plaintiff has filed an amended complaint within 21 days of the date of this order containing a copy of the parties' cardholder agreement, or an explanation of its omission in accordance with Pennsylvania Rule of Civil Procedure 1019(i), Plaintiffs complaint will be deemed dismissed without further order of court. See Atlantic Credit and Finance, Inc. v. Giuliana, 2003 P A Super 259, 829 a.2d 340 (2003). BY THE COURT, Sean Quinlan, Esq. 3344 Trindle Rd. Camp Hill, PA 17011 Jay H. Pressman, Esq. Suite 170 1060 Andrew Dr. West Chester, PA 19380 Attorneys for Plaintiff EXHIBIT "A" I Carl C 'sch, Esq. . ary A. Dean, Esq. 10 East High 8t. Carlisle, PA 17013 Attorneys for Defendant CERTIFICATE OF SERVICE 1, Hillary A. Dean, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition to Strike Praecipe to Discontinue was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Burton Neil, Esquire Burton Neil & Associates, P.C. 26 South Church Street P.O. Box 356 West Chester, PA 19382 MARTSON DEARDORFF WILUAMS & OTTO ~!PCl4 Attorney ID No. 92878 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June B,2005 Attorneys for Defendant (!) " r-:'C 'Jt~c ;~ -'-. ....' "" c'':> 0' ~ ';Z: \ 0:> --0 :$- t?- .r-" 0:> Q. ..... ~~ :{;c;> '?""),t.~ "'::::-'\~'t". -:r.-1' ,",= '.:""? ,..,.4 ,.,_i'" '-3 yo ';l ClTIBANK (SOUTH DAKOTA) N.A. 701 EAST 60TH STREET NORTH SIOUX FALLS, SD Plaintiff RECEIVED JUN 09 2OlI5 f IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLV ANlA v. NO. 04-3817 CIVIL TERM LISA T. SHEDLOSKY 6346 N. POWDERHORN ROAD MECHANICS BURG, PA Defendant CIVIL ACTION - LAW RULE TO SHOW CAUSE AND NOW, on this ~ day of -.::r. ut.. , 200S, upon consideration of the Defendant's Petition to Strike Plaintiff's Praecipe to Discontinue, a Rule is issued upon the Plaintiff, Citibank (South Dakota), N.A., to show cause, if any it has, why the Praecipe to Discontinue filed on or about May 31, 200S, should not be stricken. Rule returnable in.-1.cL. days.fr.._ SoCU\o' ',. c.. . BYTHEC~ J. ~ 'J,O ,\ D\9 ti; f-:: ode:'." ~,~"r 95 \.-,-",-,"-- .~-" c\---. :;>'0 0": LUO-- ~\.J,j \.>-{S '6 c""' en g :;>:; ;&. en - .- :? -} .,g ~ ~~ t:; ", "~J , BURTON NEIL & ASSOCIATES, P.C. Jay H. Pressman, Esquire, Id. no. 38800 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-692-2120 Attornev for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. LISA T. SHEDLOSKY NO. 04-3817 Defendant CIVIL ACTION - LAW Plaintiff's Answer to Defendant's Petition to Strike Plaintiff's Praecipe to Discontinue Plaintiff, Citibank (South Dakota), N.A. by its counsel, Jay H. Pressman, Esquire and Burton Neil & Associates, P.C. hereby answers defendant's petition to strike plaintiff's praecipe to discontinue: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. The petition Exhibit A order speaks for itself. 7. Admitted in part. Denied in part. It is admitted plaintiff filed a praecipe to discontinue without prejudice. The remainder of this averment is denied as a conclusion oflaw to which no further response is required. 8. Denied as a conclusion oflaw to which no further ff~sponse is required. 9. Denied as a conclusion oflaw to which no further ff$pOnSe is required. 10. Denied as a conclusion oflaw to which no further response is required. By way of further answer the aforesaid Exhibit A order did not address the refiling of the lawsuit in this action. Therefore, there was no need for plaintiff to preserve its right. The praecipe to discontinue clarified the record. 11. Admitted. WHEREFORE Plaintiff moves the Court dismiss defend:mt's petition. BURTON NEIL & ASSOCIATES, P.C. In making this communication, we advise that this firm is a debt collector. BURTON NEIL & ASSOCIATES, P.C. By: Jay Pressman, Esquire Identification No. 38800 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 ATTORNEY FOR: Plaintiff cnmANK SOUTH DAKOTA N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYL Y ANIA YS. : NO. 04-3817 LISA T SHEDLOSKY Defendant : CIVIL ACTION - LAW Certificate of Service I, Jay Pressman, Esquire do hereby certify that a I served a true and correct copy of the within Answer to Defendant's Petition. Proposed Order on defendant's counsel, Jennifer Spears, Esquire at hislher address of record via first class mail, postage prepaid on th,~ date set forth below. BURTON NEIL & ASSOCIATES, P.C. Date: <u ~ltS- BY: -Y:- J ay\ Pr, ssman, Esquire Attdr6,ey for Plaintiff The law firm of Burton Neil & Associates is a debt collector. T-1760 C) ('- ... ...., = t,:::;) c.n ( {~ -.,~ o "T1 :rt hl.:1J r-- -nrn :,'5l-:J (-) , :~:.r(j :':T~ :~-~ ::,:;,?,-} On, , "-" ~~J ~ N --..J ~-"" ."',-,- ':? +- o PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated infutl) CITIBANK (scum DAKarA) N.A. (Plaintiff) vs. LISA T. SHEDLOSKY (Defendant) No. 04-3817 Civil Tenn I. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to cO'j5gf~tfffii' s petition to strike Plaintiff I s praecipe to Discontinue 2. Identify counsel who will argue cases: ( a) for plaintiff: Jay H. Pressman, Esq., 1060 Andrew Drive, (Name and Address) Suite 170, West Chester, PA 19380 (b) for defendant: Carl C. Risch, Esq., 10 East Hiqh Street, (Name and Address) Carlisle, PA 17013 j. I will notify all parties in writing within two days that this case has been listed for argument. August 24, 2005 4. Argument Court Date: jf}PaNJ. {} ,j)(]Jl Hillary II [)P"n. F"'l Print your name j Date: June 29, 2005 Defenclan1: Attorney for ~ Q- <3 ~ ~~ )< ~~-~ ~\;': ~~, "Z.'S: ~~ 'Ul, ".'. ...0 - (<' 'c...C. -:1- :?- ~() <p- "l"'A 7,"0. .' ~ 7~ ~ fO, Fill'S [)Al AFIl.E General CUlTenI694i>.Pl'aecipeto Withdraw Petition Crt'ated; I> 705 11 :5~Alvl Rc\i~cd ~ ~ 115 9(J4AM ClTlBANK (SOUTH DAKOTA) N.A. 701 EAST 60"1 STREET NORTH SIOUX FALLS, SD Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3817 CIVIL TERM LISA T. SHEDLOSKY 6346 N. POWDERHORN ROAD MECHANICSBURG, PA Defendant CIVIL ACTION - LAW PRAECIPE To: The Prothonotary of Cumberland County Please mark as WITHDRAWN Defendant's Petition to Strike Plaintiffs Praecipe to Discontinue and remove the Petition from the list of cases scheduled for Argument Court on August 24,2005. :yARITiiDFF WILLIAMS & OlTO Carl C. Risch, Esquire Attorney J.D. No. 75901 Hillary A. Dean, Esquire Attorney J.D. No. 92878 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: August 8, 2005 Attorneys for Defendant CERTIFICATE OF SERVICE I, Carl C. Risch, hereby certifY that a copy ofthe foregoing was served this date by depositing same in the Post Otlice at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Jay Pressman, Esquire Burton Neil & Associates, P.C. 26 South Church Street P.O. Box 356 West Chester, P A 19382 ::RTSW WILLIAMS & ono Dated: August 8, 2005 0 ,...,. ~ = := = c:r> '-cc't ""'" :r n-1['" c: ~~ z .~~' CO> ;?I-- ~::\~ Cl ~ [::C', :;C-T1 ~~~ :D" :x '~5 -m ~ '!? ~ z:- U1 '<