HomeMy WebLinkAbout11-9204SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
Citibank, NA
vs.
Lisa A. Shade
SHERIFF'S RETURN OF SERVICE
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?011 DEC 22 PH 2:30
C"BERLAND COUNTY
PENNS YLV, NIA
Case Number
2011-9204
12/15/2011 04:14 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on December
15, 2011 at 1614 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Lisa A. Shade, by making known unto herself personally, at 100 Mill Road, Newville,
Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the
said true and correct copy of the same.
SHERIFF COST: $40.00
December 16, 2011
DE IS FRY, DEP
SO ANSWERS,
RON R ANDERSON, SHERIFF
CITIBANK, N.A IN THE COURT OF COMMON PLEAS
701 East 60th St N
Sioux Falls, SD 57117
Plaintiff CUMBERLAND COUNTY, PENNSYLY?kNIA
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LISA A. SHADE n °
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Newville, PA 17241 zZ:3
Defendant
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ANSWER
The Defendant answers the Plaintiff's Complaint as follows:
The allegations contained in paragraphs 1-3 are general and jurisdictional in
nature. However, insofar as the allegations seek to impose liability upon the Defendant, the
allegations are denied.
2. The Defendant denies allegations contained in paragraphs 4, 7, 8, 9, 10 and 11 of
the Complaint and demands strict proof thereof.
3. The Defendant is without knowledge as to the truth of the allegations contained in
paragraphs 5 and 6 of the Complaint.
DEFENSES
Defendant's other defenses are:
The Complaint fails to state a cause of action because it does not allege a valid
contract, a material breach and damages.
2. Plaintiff failed to comply with Pa. R.C.P 1019(f) by failing to attach a copy of any
contract or agreement to the Civil Complaint.
3. The Plaintiff lacks standing to bring this claim as the Plaintiff is not a real party in
interest. Upon information and belief, the books and records of the Plaintiff will show that prior
to the filing of this claim the Plaintiff sold all right, title and interest to the receivable (debt)
arising from the alleged use of the credit card account to an unnamed third party trust.
4. The Plaintiff does not have the authority to sue in this action because the
receivable arising from the alleged use of the credit card account (the debt) is owned by the
unnamed third party trust and the Plaintiff is not the trustee or the servicer of the trust.
The Plaintiff has not proven that they are authorized and licensed to collect claims
for others in the Commonwealth of Pennsylvania and to solicit the right to collect or receive
payment of a claim of another.
6. Plaintiff is barred under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692f
(1) from collecting interest and any other amount unless it is expressly authorized by the
agreement creating the alleged debt or permitted by law. Plaintiff has failed to attach proper
documentation to verify if such interest is allowed.
7. The Plaintiff did not attach a copy of the amount showing a $0.00 balance due and
the items, time of accrual of each, and amount of each resulting in the balance allegedly owed.
Instead, the Plaintiff attached what appears to be a copy of a statement of account containing
inadmissible hearsay.
8. The sole consideration for the alleged promise to pay on the credit card described
in the Civil Complaint was the Plaintiff's promise to lend the Defendant $4,421.94 or advance
$4,421.94 to third parties. The Plaintiff did not lend the sum to Defendant or advance the sum to
any third parties.
9. The Defendant disputed the amount allegedly due on the statement of account and
made no implied or express promise to pay the amount allegedly due within a reasonable time.
10. Defendant reserves the right to plead other affirmative defenses that may
become applicable and/or available at a later time.
WHEREFORE, Defendant prays that the Court take nothing of Plaintiffs Civil
Complaint by virtue and dismisses this action with Prejudice.
December?_ , 2011
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CERTIFICATE OF SERVICE
On the I?L day of December, 2011, I mailed by Certified Mail, Return Receipt, postage
pre-paid, a true copy of the Answer with Defenses and a copy of the Notice of Appearance to
Yale D. Weinstein, Esq., 1060 Andrew Drive, Ste 170, West Chester, PA 19380.
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Burton Neil & Associates, P.C.
By: Yale D. Weinstein, Esquire ID. NO. 89678
1060 Andrew Drive, Suite 170
West Chester, PA 19380
610-696-2120
Attorney for Plaintiff
CITIBANK, N.A.
Plaintiff
V.
LISA A SHADE
Defendant
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 11-9204
: CIVIL ACTION - LAW
Praecipe to Settle, End, & Discontinue
To the Prothonotary:
Mark the above matter Settled, Ended and
By:
NejyjK Associates, P.C.
Weinstein, Esquire
for Plaintiff
The law firm of Burton Neil & Associates is a debt collector.
C-55545 / 318