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HomeMy WebLinkAbout12-1462 O 'OHO TPA,,, r ?"UM3ERL'A 1ND CO,UNTBurton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK, N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. SHIRLEY VALENTINE 1142 Pheasant Drive North Carlisle PA 170131251 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. (90 ctv l CIVIL ACTION - LAW Complaint - Notice You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claim set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 C-55168 / 304 a,o*103.75 yda? CL ff- 11(0o 9-.2 P'9 a-, 19-1 -1 BURTON NEIL & ASSOCIATES, P.C. Edward J. O'Brien, Esquire, Id. No. 32985 Brit J. Suttell, Esquire, Id. No. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK, N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. SHIRLEY VALENTINE 1142 Pheasant Drive North Carlisle PA 17013-1251 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW Complaint 1. Plaintiff is CITIBANK, N.A. with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Shirley Valentine who resides 1142 Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff is a national banking association, engaged in various types of banking business including consumer lending through the issuance of credit cards. 4. Defendant obtained extensions of credit from Citibank, N.A., successor in interest to Citibank (South Dakota), N.A., by means of a Sears credit card account (hereafter the Account) with account number ending in 8920. 5. Citibank (South Dakota), N.A. merged into Citibank. N.A. in or about July 2011. 6. Accurate records of all debits and credits to the Account were maintained by plaintiff. 7. Defendant was provided with monthly statements for the Account including the billing statement attached hereto as Exhibit A (redacted to remove confidential information). The monthly statements accurately stated the previous balance and the debits and credits to the Account for the prior billing period. 8. Defendant had for many months after receipt of a billing statement made payment on the Account or retained the statement without payment. 9. Defendant retained the Exhibit A statement without making payment by the stated due date. 10. Defendant's assent to the Account balance set forth in the Exhibit A statement is manifested through the prior conduct of defendant either making payment on the Account or retaining the statement without payment, after receipt of the monthly billing statements. 11. As a result of said assent, an account stated for the sum of $2,983.78 exists which sum reflects the Exhibit A statement balance less credits, if any. which were applied subsequent to the date of Exhibit A. Wherefore, plaintiff demands judgment against defendant for the sum of $2,983.78, and the costs of this action. u oAN* Associates.. P.C. Byv- E O'Brien, Esquire may: Brit J. Suttell, Esquire In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. C-55168 / 205 Account Statement Sand Notice of BINkq Errors and Custom Service Inqusiw to: Par Customer Service: SEARS CREDIT CARDS Box B3, roux ails, D s t I 7-6283 searecard .com S' S Y `^ ` sSearsCharge PLU -, 1 - 7 ® Account Inquiries: . . -.- Ac ttr,e 7 8920 count•N tun r 1.800-917-7700 , Minimum Payment Due $507.51 Payment Due Date September 5, 2011 Late Payment Warning: It we do not receive your minimum payment by the date listed above, you may have to pay a late fee up to $35. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in inlerest and it will take you longer to pay off your balance. For examnie- Credit Limit 0.00 Available Credit 0,00 Amount Over Credit Limit 842.14 Statement Closing Date 08/09/2011 Next Statement Closing Date 09/08/2011 Days in Billing Cycle 32 _ILyou'meke h6'atic;7itI."al>.' ;-You'wiN RaY`41r; 4°i;` ' a And You.will.;.;, c chstges ueitng ftit9 card balanca:shovrn on tllis t °®' ? uP'Pa! IP ? r! anii aach.rrtonth:you pay.; r• ;, stafement'iriabolit:: estirtiated`,total:pf = On the minimum payment 21 years $7,794 $121 3 years $4,368 _ (Savings=$3,426)If you would like Information about credit counsesng eervim. call 1-877.337-8188• Your amount is seriously past due. Amount past due is shown above. Arrangements for future payments should be made immediately. TRANSACTIONS Trans Date Description f RNftrence 0 Amount 08105 LATE FEE - $ 35.00 08109 ACCOVNTCARE 1 877 524 5985 $ 29.82 TOTAL FEES FOR THIS PERIOD $ 84 82 8TE4 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 of 4 This Account Is Issued by Citibank, N.A. --------------------------------------------------- +Please detach Ihis portion and return with your payment to insure pr r crodit. Reudn upper ppsr portion for your records. T ----------? SearsCharge PLUS" SSE R; c?d? Payable to: t Put Due Amount in included in the Minimum Pavmaer Mm t+Numbei• Payment Due Date New Balance Past Due Amountt Minimum Payment Due Amount Enclosed 8920! 5 SEPTEMBER 5, 2011 $3,042.14 $376.26 $507.51 $ SAVE STAMPS, TIME... AND TREES! Visit Account Online and register rlOw for Online Bill Pay, PaperlesS Statements and More. 022 8920 0304214 0050751 0002700 041 000 1 SEARS CREDIT CARDS SHIRLEY VALENTINE PO BOX 183081 1142 PHEASANT DR N COLUMBUS, OH 43218 -3081 CARLISLE, PA 17013-1251 Print address chinges above In blue or black ink. Information About Your Account. How to Avoid Paying Interest on Purchases. Your payment due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases it you pay your New Balance by the payment due date each month. This is called a grace period on purchases. If you do not pay the New Balance in full by the payment due date, you will not get a grace period on purchases until you pay the New Balance in full for two billing cycles in a row. We will begin charging interest on cash advances and balance transfers (if available on your account) on the transaction date. If you have a balance subject to a deferred interest promotion and that promotion does not expire before the payment due date, that balance (the "excluded promotional balance") is excluded from the amount you must pay in full to get a grace period. However, you must still pay any separately required payment on the excluded promotion. In billing cycles in which payments are allocated to deferred interest balances first, the deferred interest balance will be reduced before any other balance on the account. However, you will continue to get a grace period on purchases so long as you pay the New Balance less any excluded promotional balances in full by the payment due date each billing cycle. In addition, certain promotional offers may take away the grace period on purchases. Other promotional offers not described above may.also allow you to have a grace period on purchases without having to pay all or a portion of the promotional balance by the payment due date. If either is the case, the promotional offer will describe what happens. Now We Calculate Your Balance Subject to Interest Rate. We use a daily balance method (including current transactions) to calculate interest charges. To find out more information about the balance computation method and how the resulting interest charges were determined, contact us at the Account inquiries number on the front. Balance Transfers. Balance transfer amounts are included in the "Purchases" line in the Summary of Account Activity (if balance transfers are available on your account). Transaction Date. The Transaction Date shown on the statement is also the Sale Date. Credit Reporting Disputes. If you think we reported inaccurate information to a credit bureau write us at the Customer Service address shown on the front. Report a Lost or Stolen Card Immediately. Call the Accounl'Inquiries number shown on the front. What To Do If You Think You Find a Mistake on our Statement If you think there is an error on your statement, write to us at the Billing Errors address shown on the front. In your letter, give us the following information: Account information: Your name and account number. Dollar amount: The dollar amount of the suspected error. Description of Problem: If you think there Is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. Proper Form. For a payment sent by mail or courier to be in proper form, you must: Enclose a valid check or money order. No cash, gift cards, or foreign currency please. Include your name and account number on the front of your check or money order: If you send an eligible check with this payment coupon, you authorize us to complete your payment by electronic debit. If we do, the checking account will be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed. Copy Fee. We charge $3 for each copy of a billing statement that dates back 3 months or more. We add the fee to the regular purchase balance. We waive the fee if your request for the copy relates to a billing error or disputed purchase. Payment Options Other Than Regular Mail. • Online Payments. Visit the web address on the front and sign up for online payments. Enrollment may take a few days. It we receive your request to make an online payment by 5 p.m. Eastern time, we will credit your payment as of that day. If we receive your request to make an online payment after that time, we will credit your payment as of the next day. For security reasons, you may be unable to pay your entire New Balance with your first online payment. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been all error, the following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your Rights if YOU Are Dissatisfied With Yo?N ?reQit Card Purchales If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50, (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) You must have used your credit card for the purchase, Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the Billing Errors address shown on the front. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Important Payment Instructions, Crediting Payments. If we receive your payment in proper form at our processing facility by 5 p.m. local time there, it will be credited as of that day. A payment received there in proper form after that time will be credited as of the next day, Allow 5 to 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is riot in proper form or is not sent to the correct address. The correct address for regular mail is the address on the front of the payment coupon. A payment made in-store is not sent to the correct address. The correct address for courier or express mail is the Express Payments Address shown below. EM SMC/T011SCCISQ/tilPs 08131 TO f 206.9351-50104M4-9-E-.WX-06/01108.72--B-0--6.402-0.0---o4W i I-Pue-July e, 201 IN Pay by Phone Service. You may use this service any time to make a payment by phone, You will be charged $14.95 if a representative of ours helps expedite your payment. Call by 5 p.m. Eastern time to have your payment credited as of that day. If you call after that time, your payment will be credited as of the next day. We may process your payment electronically after we verify your identity. Express Payments, You can send payment by courier or express mail to the Express Payments Address. This address is: Payments Department, 1500 Boltonfield Street, Columbus, OH 43228. Payment must be received in proper form at the proper address by 5 p.m. Eastern time to be credited as of that day. All payments received in proper form at the proper address after that time will be credited as of the next day. Page 2 of 4 Account: **** **** **** 8920 TRANSACTIONS (cont.) Trans Date Description Reference # Amount INTEREST CHARGED OW9 INTEREST CHARGE ON PURCHASES S 65.25 TOTAL INTEREST FOR THIS PERIOD ?;. ,il : , ; .,2Q?1'?'ot?ls Yeat+=torDat? r"? 1. Total Fees Charged in 2011 $342.55 Total Interest Charged in 2011 $235,51 65.25 INTEREST CHARGE CALCULATION Your Annual Peres Tyge iof; Q laa'tcc '•`* ? ? maps Rate (APR) is the annual Interest rate on your account. - +Annua Rate? AP. _... f., R)i _?etarioi;$utiHa;td rtitsrsst: Rate s Cho PURCHASES REGULAR 25.24% (MV) $2.948.96 $6525 V = Variable Rate D = pary Page 3 of 4 I r Your New Statement: Clear. Concise. Easy to read. Clear. Statements are written in everyday language that you'll be able to read and understand. They show you how much you've spent, how much you owe, when you owe it and how long it will take you to pay it off. Concise. The Information is "bucketed" into sections that make It easy to find what you're looking for and is written in normal, everyday language. Easy to read. The words themselves are in a large and easy-to-read typeface. Transactions Clearly see the activity that occurred to create your monthly balance: purchases, payments and credits, fees and interest for the billing cycle Promotions Section Customer-friendly summary with promotions listed in order of expiration ? __-- _- ? -- -- aiHftot.3 .--9999 MRID -/Nel....'n GSC aW •:T ... 1 ? M&D .:... 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Intr. i 9D New Blllenee :+, 59,999.M8 90 Peet Due Nroun .'c :.69 i0i 999 09 C.atum WeW.Ged ;9Q9,009 a A, ,.. 39.dp9 9r?o9 ; Gh AEwnee lllril •w.. n AIIwiMOve!Gdt L'eM 91eim.,tpti.N90ete _ ..... ••..•. 'MM100Mt'YY' Noun Sletrrle,v demo Derv -.._ _..._.,.....--MM/00 : -'?, .?nu.t G"i Y+. t+'. ???.+atln:•e•e/le?li]it>MMfDOm e}]tl lr.,{ IwM ll+vx:,apu ynA.ISAOT1ows :, Wee.... D...tye.n ,:nNi.ttt.. Y..I.u Msuel tlrARl? salts ..•m - ... .?i +f O?Ni its i4 rorxllFteusrfona+ ? •_y,},ls.: ;•.? •.".° t _ .i. -. ii r .a'; s. '7?!i.^?-r-:--^,: y ? g aI TransactionAmourY TPM FMe C!wlVe y•.y,W17r91 h YYYY .. ..• •-?EE,S4e.M109i YYI(Y •??? ii • , ; rea, I . I.;. Allows you to reference the P, e eN we Pes i . Rte, a J/' IMItA 9V floeee -_.-~ eteet -- ?- *. 9 C original purchase amount woi New Promotion Balance IKNP^r "° `"' "?° ,' Keep track of the amount of the „yE„E.,cNM«u1.CU7•A.1' 1 ad:i?a 5 '? , :? I-., original promotional purchase _ ... i1l9999099 .. .... ?: which remains unpaid OVFtGi!A9C5 ..... 9799961M, ... -. ..• PE pW?06'!Y-':Z'Z lAO _.. .•. - 9EFO aif.w ON On ti DU M ... l . '.79.999A99%. ... ?-. H.990.9009e y9.999.f99D9.. ... .._. :.-tS?.• ...yi99n'J,9999.. .. . = .. , ,. ne - . .... FlE .Je °/r10Nfytt0l+!A9k/eKF1 .. .. ... T,ONei eelANlXZ .... 7Y.900.9???YO.. ... ? .... .._ •- :. ;. . ,yprg ... .... 'CA9MAOIAF?CEB....._ ..... .... ..49p Ie11 .. ....... .. sw?+y.99sy9 , 59P?9,97l P9 „ I? Awnwe ktilnrrnatron !! I New ederce -59,099.990.99 Wimm F%nmd Due ;50.099.999.99 Ppm^e Due 0o. mm i W, YYYY Leo Peynemt WemN?9- tin Ilul rnnw var nw-, "W"O W 1Mtfai 9tlrf aYtle, vuu mey Irw u IieO a ute ? W W VJ mini. VeP tie WotN,IO. E inu miM" ntiY 0^ mivnnEn FW"K ? *11 Nv"im Nile-t end,t vm imjtpv lump. to 6th Peyoeym bA~ F. .wnlA.• 10re_?iryl t»ir j:iiMiJyYYMit':.{ Mil .' ;4.Iitx+f?m^xa9fi!+.lMlio' b. ' ' >ildl fell , ..eL7YldKi?,leWtii' ? .., fN iIt !ilrOrltri 1 10 79979Y9999 t:! y??>Ztf9%? :.. ? I,q,y Y)A1pJ1,7111 SnYgi.?P4805 rKi/„tMIIY. ,r:riRryFJ?yep.r,t^6:CM ?ei:•Ye.e..VILOU Oh)ee.M Page 4 of 4 Verification Ashley Cooley 1, , am employed by Citibank, N.A. (hereafter Citibank), which is successor in interest to Citibank (South Dakota), N.A. This includes accounts previously owned by Citibank (South Dakota), N.A. which merged into Citibank in or about July 2011. I am authorized to make this verification on behalf of Citibank. The statements of facts set forth in the Complaint are true and correct upon my information and belief and are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. C-55168 Shirley Valentine Account number ending 8920 1031 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff - ?41tt;., of La mGrr/r1D a FIE P` U ! HONG t i"t Jody S Smith Chief Deputy 20 12 MAR 16 Aft 8: 4 4 Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA Citibank, NA Case Number vs. Shirley Valentine 2012-1462 SHERIFF'S RETURN OF SERVICE 03/08/2012 04:22 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 8, 2012 at 1622 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Shirley Valentine, by making known unto herself personally, at 1142 Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to hei personally the said true and correct copy of the same. I AEL BAR ICK, DEPUTY SHERIFF COST: $34.00 March 12, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF CITIBANK, N.A. Plaintiff V. SHIRLEY VALENTINE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-1462 CIVIL TERM VIVIi. ACTinN - t.AW NOTICE TO PLEAD TO: CITIBANK, N.A., and its attorney, Brit J. Suttell, Esquire Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 ?w N co YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED ANSWER TO COMPLAINT WITH NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. IRWIN & McKNIGHT, P.C. By: Marcus . Mc ight, II Esquire 60 West ?0mfret treet Carlisle, Pennsylvania 013-3222 (717) 249-2353 Supreme Court ID. No. 25476 Attorney for Defendant Date: March 27, 2012 CITIBANK, N.A. Plaintiff V. SHIRLEY VALENTINE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-1462 CIVIL TERM CIVIL ACTION - LAW ANSWER TO COMPLAINT WITH NEW MATTER AND COUNTERCLAIM AND NOW comes the Defendant, SHIRLEY (VALENTINE) ARNOLD, by and through her attorneys, Irwin & McKnight, P.C., and makes the following Answer With New Matter and Counterclaim against the Plaintiff, CITIBANK, N.A., as follows: 1. The averments of fact contained in Paragraph One (1) of the Complaint are admitted. 2. The averments of fact contained in Paragraph Two (2) of the Complaint are admitted. 3. The averments of fact contained in Paragraph Three (3) of the Complaint admitted. 4. The averments of fact contained in Paragraph Four (4) of the Complaint are beyond the information and knowledge available to the Defendant. They are therefore denied and proof thereof is demanded. 2 5. The averments of fact contained in Paragraph Five (5) of the Complaint are beyond the information and knowledge available to the Defendant. They are therefore denied and proof thereof is demanded. 6. The averments of fact contained in Paragraph Six (6) of the Complaint are beyond the information and knowledge available to the Defendant. They are therefore denied and proof thereof is demanded. 7. The averments of fact contained in Paragraph Seven (7) of the Complaint are beyond the information and knowledge available to the Defendant. They are therefore denied and proof thereof is demanded. 8. The averments of fact contained in Paragraph Eight (8) of the Complaint are beyond the information and knowledge available to the Defendant. They are therefore denied and proof thereof is demanded. 9. The averments of fact contained in Paragraph Nine (9) of the Complaint are beyond the information and knowledge available to the Defendant. They are therefore denied and proof thereof is demanded. 10. The averments of fact contained in Paragraph Ten (10) of the Complaint are beyond the information and knowledge available to the Defendant. They are therefore denied and proof thereof is demanded. 3 11. The averments of fact contained in Paragraph Eleven (11) of the Complaint are beyond the information and knowledge available to the Defendant. They are therefore denied and proof thereof is demanded. 12. The averments of fact contained in Paragraph Twelve (12) of the Complaint are beyond the information and knowledge available to the Defendant. They are therefore denied and proof thereof is demanded. WHEREFORE, Defendant, Shirley (Valentine) Arnold, requests that this Honorable Court dismiss the Complaint of the Plaintiff. NEW MATTER 13. The averments of fact One (1) through Twelve (12) contained in the Answers of the Defendant are hereby incorporated by reference and made a part of this New Matter. 14. The Defendant believes and asserts that the actions of the Plaintiff have violated the Fair Credit Report Act. 15. The Defendant believes and asserts that the interest and penalties she has been charged by the Plaintiff are excessive. WHEREFORE, Defendant, Shirley (Valentine) Arnold, requests that this Honorable Court dismiss the Complaint of the Plaintiff. 4 COUNTERCLAIM 16. The averments of fact contained in paragraphs One (1) through Fifteen (15) contained in the Answers of the Defendant and the New Matter are hereby incorporated by reference and made a part of this Counterclaim. 17. The changes made by the Plaintiffs interest and penalties violate the Fair Credit Report Act and the Defendant seeks damages against the Plaintiff. WHEREFORE, Defendant, Shirley (Valentine) Arnold, seeks damages against the Plaintiff, Citibank, N.A., in the amount less than Sixty Thousand and no/100 ($60,000.00) Dollars. Respectfully submitted, IRWIN & McKNIGHT, P.C. By: Marcus A. McKnight`'II, Esquire Supreme Court I.D. #25476 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for the Defendant Date: March 27, 2012 5 VERIFICATION The foregoing document is based upon information, which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. By: i , r G(.'2'X U SHIRLEY (V ENTINE) ARNOLD Date: MARCH 27, 2012 CITIBANK, N.A. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-1462 CIVIL TERM SHIRLEY VALENTINE, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Brit J. Suttell, Esquire Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 IRWIN & McKNIGHT, P By: Marcus'A: McKni t, I , Esquire 60 West Pomfret Stree Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: March 28, 2012 7 ?P r. ? '6 T r BURTON NEIL & ASSOCIATES, P.C. By: Edward J. O'Brien, Esquire, ID # 32985 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 ATTORNEYS FOR: Plaintiff CITIBANK, N.A. Plaintiff V. SHIRLEY VALENTINE Defendant `, tr tj "'" i_ JIB. ?RL AhD COUNT, °JS Yl Vt j NIA .s. n NOTICE TO PLEAD: You are notified to plead to the within Plaintiff s Preliminary Objections to Defendant's New Ma r and Counterclaim within twenty (20) days from ice hereof or def judgment may be entered ag ' st yo-W-7 -,-7 Edwardl. O'Brien, EsgiApCAtty. for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2012 - 1462 Civil Term : CIVIL ACTION - LAW PLAINTIFF'S PRELIMINARY OBJECTIONS TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM Plaintiff, by its counsel Burton Neil and Associates, P.C., hereby preliminarily objects to defendant's new matter and counterclaim as follows: 1. Preliminary Objections to Defendant's New Matter A. Failure of a Pleading to Conform to Law or Rule of Court - Pa R.C.P. 1028(a)(2). 1.New matter paragraphs 14 and 15 plead no facts to support them. 2. As a result, they violate Pa. R. C. P. 1019(a). 3. New matter paragraphs 14 and 15 fail to plead time and place specifically. 4. As a result, these alleged affirmative defenses violate Pa. R. C. P. 1019(f). 5. New matter paragraph 14 fails to plead facts that would bring defendant within the operation of the "Fair Credit Report Act" on which she relies. 6. As a result, the paragraph 14 alleged affirmative defense fails to conform to law. WHEREFORE, plaintiff moves the Court strike new matter paragraphs 14 and 15 under Pa R.C.P. 1028(a)(2). B. Legal Insufficiency of a Pleading (Demurrer) - Pa R.C.P. 1029(a)(4). 1. New matter paragraph 14 seeks to relieve or excuse defendant's payment of this credit card debt by operation of the "Fair Credit Report Act." 2. There is no "Fair Credit Report Act" in federal or Pennsylvania law. 3. Accordingly, defendant's new matter paragraph 14 is legally insufficient and should be dismissed under Pa. R. C. P. 1028(a)(4). 4. New matter paragraph 15 seeks to relieve or excuse defendant's payment of this credit card debt allegedly because the interest and "penalties" plaintiff charged defendant "are excessive." 4.Plaintiff s finance charges and fees (no "penalties" are sought), are lawful and collectible as determined by controlling authority in the state and federal Supreme Courts.' WHEREFORE, plaintiff moves the Court determine defendant's new matter is legally insufficient and dismiss it with prejudice under Pa. R. C. P. 1028(a)(4). II. Preliminary Objections to Defendant's Counterclaim A. Failure of a Pleading to Conform to Law or Rule of Court - Pa R.C.P. 1028(a)(2). ' In re Gerber's Estate, 337 Pa. 108, 116, 9 A.2d 438 (Pa. 1939); Smiley v. Citibank (South Dakota, N.A.), 517 U.S. 735, 116 S.Ct. 1730, 135 L. Ed.2d 25 (US, 1996); Bank One Columbus, N.A. v. Mazaika, 545 Pa. 115, 680 A.2d 845, (PA., 1996). 1. Defendant's counterclaim and its incorporated - by - reference paragraphs plead no facts to support them. 2. As a result, they violate Pa. R. C. P. 1019(a). 3. Defendant's counterclaim and its incorporated - by - reference paragraphs fail to plead time and place specifically. 4. As a result, this alleged counterclaim violates Pa. R. C. P. 1019(f). 5. Defendant's counterclaim fails to plead facts that would bring defendant within the operation of the "Fair Credit Report Act" on which she relies. 6. As a result, the alleged counterclaim fails to conform to law. WHEREFORE, plaintiff moves the Court strike defendant's counterclaim under Pa R.C.P. 1028(a)(2). B. Legal Insufficiency of a Pleading (Demurrer) - Pa R.C.P. 1029(a)(4). 1. Defendant's counterclaim seeks damages from plaintiff allegedly because its finance charge and fees violate the "Fair Credit Report Act." 2. There is no "Fair Credit Report Act" in federal or Pennsylvania law. 3. One part of the federal law that deals with credit reporting, 15 U.S.C. § 1681 s-2( a), provides no private cause of action for an individual allegedly aggrieved against an entity such as plaintiff that is not a credit reporting agency but is a furnisher of credit reporting information. 4. However 15 U.S.C. § 1681s-2( a) leaves enforcement up to state and federal law enforcement. 5. Another portion of the federal law that deals with credit reporting, 15 U.S.C. § 1681s-2 ( b ), provides a private cause of action for an individual allegedly aggrieved against an entity such as plaintiff that is not a credit reporting agency but is a furnisher of credit reporting information only on the pleading and proof of specific facts that defendant has failed here to plead. 6. Neither portion of the federal law that deals with credit reporting addresses plaintiff's ability to charge and collect the finance charges that make up part of this balance. 7. Instead, as set forth above, plaintiff's finance charges and fees are lawful and collectible as determined by controlling authority in the state and federal Supreme Courts. WHEREFORE, plaintiff moves the Court determine defendant's counterclaim is legally insufficient and dismiss it with prejudice under Pa. R. C. P. 1028(a)(4). BURTON NEIL & ASSOCIATES, P.C. lam' By: Edward J. O'Brien, Attorney for Plaintiff NOTICE: Burton Neil & Associates, P.C. is a debt collector. Burton Neil & Associates, P.C. By: Edward J. O'Brien, Esquire ID. NO. 32985 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK, N.A. IN THE COURT OF COMMON PLEAS Plaintiff V. CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-1462 CIVIL SHIRLEY VALENTINE Defendant : CIVIL ACTION - LAW Certificate of Service I, Edward J. O'Brien, Esquire do hereby certify that I served a true and correct copy of the within Preliminary Objections, proposed Order and Praecipe for Listing Case for Argument, on defendant's counsel, Marcus A. McKnight, III, Esq. at his address of record via first class mail, postage prepaid on the date set forth below. Date: 61 ?( 7 (Z" Burton Neil & Associ , By: Edward J. O'Brien, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-55168 CA/P Praecipe for Listing Case for Argument (Must be typewritten and submitted in duplicate) c C,. -' SERL D COUN T' TO THE PROTHONOTARY OF CUMBERLAND COUNTY: CITIBANK, N.A. V. Please list the within matter for the next Argument Court. Plaintiff SHIRLEY VALENTINE Defendant NO. 2012-1462 CIVIL 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Preliminary Objections 2. Identify counsel who will argue case: (a) for plaintiff: Edward J. O'Brien, Esquire c/o Burton Neil & Associates, P.C. address: 1060 Andrew Drive, Suite 170, West Chester, PA 19380 b) for defendant: address: 3. I will notify all parties argument. 4. Argument Court Date: Marcus A. McKnight, III, Esq. 60 West Pomfret Street Carlisle, PA 17013-3222 in writing within two days that this case has been listed for June 1, 2012 C/ Edward J. 'B , Esq Ire Attorney for the Plaint' f The law firm of Burton Neil & Associates is a debt collector. L-A /t 7-s pd a ?;?.? ll9v?a p,y ") 7 ?`? Y ? CITIBANK, N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2012 - 1462 CIVIL TERM 00 SHIRLEY VALENTINE, Defendant. MOTION FOR CONTINUANCE ;? ca w 1. Attorney Marcus McKnight, III represents the Defendant, Shirley (Valentine) Arnold. 2. Edward J. O'Brien, Esq. represents the Plaintiff, Citibank, N.A. 3. The Plaintiff s Preliminary Objections are listed for Argument Court on Friday, June 1, 2012. 4. Defendant's counsel, Marcus McKnight, III, has two (2) hearings scheduled in Adams County, :Pennsylvania for that date and time. 5. Defendant's counsel, Marcus A. McKnight, III, has attempted to obtain a concurrence from the Plaintiff s counsel to reschedule Argument Court, but Plaintiff s counsel has not responded to any telephone calls or messages from Defendant's counsel. WHEREFORE, Marcus McKnight, III, Esq., requests the Honorable Court to grant a continuance until the Argument Court of Friday, July 13, 2012. IRWIN & McKNIGHT. R.C. By: Marcus . McKni ht III, Esquire 60 West lomftet StNef Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: May 17, 2012 CITIBANK, N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2012 -1462 CIVIL TERM SHIRLEY VALENTINE, Defendant. CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Motion for Continuance was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Edward J. O'Brien, Esquire Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 IRWIN & IGHT .C. Marcus A. McK II, Esquire 60 West Pomfret ts Carlisle, PA 17013 717-249-2353 Attorney I.D.: 25476 Date: May 17, 2012 Ali CITIBANK, N.A., Plaintiff V. SHIRLEY VALENTINE, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012 - 1462 CIVIL TERM ORDER OF COURT AND NOW, this Z /* day of May, 2012 upon consideration of the attached Motion, this case is continued until the Argument Court set for Friday, July 13, 2012. Counsel for the Defendant will relist this case. By: cc: /Marcus A. McKnight, III, Counsel for Defendant Edward J. O'Brien, Counsel for Plaintiff rn m y` :rpm p,es rK• 7 By the Court, PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next Argument Court.) - ----- ------ - - --- - -------------------- - --------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) rTt ? ? CITIBANK, N.A., : IN THE COURT OF CONWN PLEAS 019 PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIN)r` s r SHIRLEY VALENTINE, - ? 77- : DEFENDANT ?- No. 2012 - 146_ Civil Tears 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): PLAINTIFF'S PRELIMINARY OBJECTIONS 2. Identify all counsel who will arque cases: (a) for plaintiffs: EDWARD J. O'BRIEN, ESQ. BURTON NEIL & ASSOCIATES, P.C. (Name and Address) 1060 ANDREW DRIVE, SUITE 170 WEST CHESTER, PA 19380 (b) for defendants: MARCUS A. McKNIGHT, III, ESQ. IRWIN A McKNIGHT, P.C. Name and Address) 60 WEST T STREET CARLISLE, PA 17013 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: JULY 13, 2012 Date: MAY 23 , 2012 MARCUS A. McRNIGHT, III, ESQ. Print your name SHIRLEY VALENTINE, DEFENDANT Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 14 days prior to argument. 3. The responding party shall file their brief 7 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted.