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Home My WebLink About12-2488 'V rn C--) :X O `r " µ cr Burton 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. THOMAS P CROUSE 350 Meadows Road Newville PA 17241-8733 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. /9 - OM Civ- lTeri4 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 sO Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 *1 ca 15 Po WTT-,/ C-51586 / 304 elf (t9 3oN 0,,9,7q rya BURTON NEIL & ASSOCIATES, P.C. Derek C. Blasker, Esquire, Id. No. 202150 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. THOMAS P CROUSE 350 Meadows Road Newville PA 17241-8733 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 Thomas P Crouse who resides 350 Meadows Road, Newville, 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 5159. 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 $12,456.69 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 $12,456.69, and the costs of this action. Burton Associates, P.C. ,y: De k C. Blasker, Esquire By: Brit J. Suttell, Esquire in making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. C-51586 / 205 Sears MasterCard® call us at 1-800-669-8488 Manage your account and pay your bill at www.searscardcom Write to us at PO Box 6282 Sioux Falls, SD 571 1 7-6282 THOMAS P CROUSE Account Number. 4159 Payment Due Date Page 1 of 2 04/09/2011 Summa of Account Activity Previous Balance $12,119.09 Payments $0.00 Other Credits $0.00 Purchases $0.00 Cash Advances $0.00 Fees Charged +$25.00 Interest Charged +$312.60 New Balance $12,456.69 Past Due Amount $732.00 Credit Limit $13,750.00 Available Credit $0.00 Cash Advance Limit $50.00 Available Cash Limit $0.00 Amount Over Credit Limit $0.00 Statement Closing Date 03/13/2011 Days in Billing Cycle 31 Mated payments must be received at Payment Information the address for payments try the payment due date New Balance $12,456.69 Minimum Payment Due $1,194.60 Payment Due Date 04/09/2011 Late Payment Warning: If 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 interest and it will take you longer to pay off your balance. For example: If you: make:rto :addit3onel:: ::You wiN:pay offtha:: And you:will ':'charges iusjrfg tliil3:?ard :::: 't>alaitoe: sliavrri.on :ffiis'. : `: `erica uP_ peylrtg; afi' and each:month you-pay::. statement:in about... estimated total of..:. Only the minimum payment 33 years $40,008 $529 3 years $19,034 (Savings= $20,974) If you would Ake information about credit counseling services, call 1-877-337-8188 Your Sears Choice Rewards Summary Previous Reward Points Balance 0 Reward Points Earned This Period 0 Adjustments to Reward Points 0 Reward Points Redeemed This Period 0 Ending Reward Points Balance 0 Transactions Trans Date Post Date Description Amount Fees 03/09/11 03/09/11 LATE FEE 25.00 TOTAL FEES FOR THIS PERIOD 25.00 Interest Charged 03/13/11 03/13/11 INTEREST CHARGE ON PURCHASES 312.60 INTEREST CHARGE ON CASH ADVANCES 0.00 TOTAL INTEREST FOR THIS PERIOD 312.60 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION This Account is Issued by Chibank (South Dakota), N.A. Please detach this portion and realm with your payment to Insure proper credit. Retain upper portion for your recuds. Sears MasterCarre Account Number. 5159 Payment Minimum New Balance Due Date Payment Due Amount Enclosed $12,456.69 04/09/11 $1,194.60 0064975 ED 07 B 11072 1 TXS503 FVG 001 7 N 11111111-1111111111 -111111 Make check payable to THOMAS P CROUSE SEARS CREDIT CARDS 350 MEADOWS RD PO BOX 183082 NEWVILLE PA 17241-8733 COLUMBUS, OH 43218-3082 dn?ltl?lhilr?nlll??rrllli??h?rnrri????lllrllrrr?rt??ll?rll Please make address changes on reverse side. 1245669 0119460 0000000 0716 EXHIBIT Irdormation 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 if you pay your New Balance by the payment due date each month. This is called a grace riod on purchases. If you do riot pay the New Balance in full by the paymenpet 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 balarce'7 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 an 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 ether is the case, the promotional offer will describe what happens How We Calculate Your Balance Subject to Interest Rate We use a daily balance method (inckuding 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 "Call us at" number on the front. Interest Charged. The Interest Charged on Purchases shown on the front includes the interest charged on all purchases and balance transfers (if balance transfers are available on your account). Transaction Date. The Transaction Date shown on the statement Is also the Sale Date. Membership Fee. To avoid paying this fee. notify us that you are closing your account within 30 days of the mailing or delivery date of the statement on which the fee is billed. If Your Account Is Subject To The Penalty APR, Now Long Will The Penalty APR Apply? The Penalty APR will apply until you make 2 consecutive minimum payments on the and do not go over your credit limit or make a payment that Is returned or do any of these things on another account that you have with us during that time period. The Penalty APR may end sooner in accordance with your card agreement, or if required by applicable law. Credit Reporting Disputes. If you think we reported inaccurate information to a credit bureau write us at "kite to us at" address shown on the front. Report a lost or Stolen Card Immediately. Call the "Call us at" number shown an the front. What To Do if You Think You Fed a Mistake on Your Statement If you think there is an error on your statement, write to us at the address shown on the front where it says'"Write to us at" 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. If you seal 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 S3 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 Opting Other Than boar Mail Onfine Payments. Visit www.SearsCard.com and sign up for online payments. Enrollment may take a few days If 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. Pay by Phone Service. You may use this service any time to make a payment by phone. You will be charged 51495 if a representative of ours helps expedite your payment. Call by 5 pm. 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 eerier or express mail to the Express Payments Address. This address is Payments Department, 1500 Boltonfield Street Columbus, OH 4322°. Payment must be received in proper form at the proper address by 5 pm. 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. You must contact us within 60 days after the error appeared on your statement 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 mount in question. While we investigate whether or not there has been an 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 mount. 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 'rf You Are Dissatisfied With Your Credit Card Purchases 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: 1. 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 550. (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.) 2. 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 quality. 3. 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 address shown on the front where it says "Write to us at" 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. lt we receive your payment In proper form at our processing facility by 5 pm- 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 not 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 irrstore is not send to the correct address. The correct address for courier or express mail is the Express Payments Address shown below. Proper Form. For a payment sent by mail or courier to be in proper forme you must: Enclose a valid check or money order. No rash, gift cards, or foreign currency please. Include your name and account number on the front of your check or money order. SMC/TGI/SCC/SCP/HIPS 10/10 OIEG6057 - 2 -11/04010 New Address If your address has changed, please print any changes below. Name: Street Address: City, State, Zip: Phone: SMC/TGI/SCC/SCP/HIPS 10110 ' Sears MasterCard® Call us at 1-8°°-669-13488 Manage your account and pay your bill at www.seamcard com Write to us at PO Box 6282 Sioux Falls, SD 571 1 7-6282 THOMAS P CROUSE Account Number. XXXX XXXX XXXX 5159 Payment Due Date Page 2 of 2 64975 04/09/2011 2011 Totals Year-to-Date Total Fees Charged in 2011 $25.00 Total Interest Charged in 2011 $312.60 Interest Charge Calculation Your Annual Percentage Rate APR is the annual interest rate on our account. Annual Percentage Balance Subject to Type of Balance Rate (APR) Interest Rate Interest Charge PURCHASES Regular 29.99% (co $12,273.66 $312.60 CASH ADVANCES Regular 29.99% (d) $0.00 $0.00 (v) = Variable Rate (0 = Daily (m) = Monthly Verification I Lisa Blum , 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. -/r 4 Y Signature C-51586 Thomas P Crouse Account number ending 5159 1032 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?4ttgtlry' a I-tll;ifd(+??:1/ "s rR0TH Ire Jody S Smith Chief Deputy Richard W Stewart Solicitor Citibank, NA vs. Thomas P. Crouse 20 12 MAY -3 PM 1:54 .UENNSYL° A A T Case Number 2012-2488 SHERIFF'S RETURN OF SERVICE 04/26/2012 05:30 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 26, 2012 at 1730 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Thomas P. Crouse, by making known unto Rosemary Crouse, Wife of Defendant at 350 Meadows 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 April 27, 2012 "5?& ST PHEN ENDER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF 4 _. st 4 ? f •^? ? ': jry' 11 A' I? ^ ) h 10 All I I " {MSE LAN J°Ef1F,SYLVAtjjA i(I l-,44 : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA uetenaant NO. 2012- Civil: Civil Term NOTICE TO DEFEND 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 AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY 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 THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Thomas P Crouse Ltuag (Address) Ohone) CITIBANK, N.A. 701 East 60th Street N Sioux Falls, SD 57117 V. THOMAS P CROUSE Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLANDCOUNTY, PENNSYLVANIA : NO.12-2488 : ANSWER TO CIVIL ACTION COMPLAINT DEFENDANT THOMAS P CROUSE'S ANSWER TO PLAINTIFF'S CIVIL ACTION COMPLAINT Defendant, Thomas P Crouse, answers the Civil Action Complaint filed by Plaintiff, Citibank N.A., as follows: 1. Defendant has no sufficient knowledge or information to form a belief as to the truth or falsity of the statement contained in Paragraph 1 of the Complaint. 2. 3. Defendant has no sufficient knowledge or information to form a belief as to the truth or falsity of the statement contained in Paragraph 3 of the Complaint. 4. By specifically denying the entire allegations contained in Paragraph 4 of the Complaint, Defendant submits that Defendant never obtained credit from Citibank N.A. as alleged. Defendant never opened or used Sears credit card account having number ending in 5159. There is no valid credit card agreement executed between Defendant and Plaintiff regarding the alleged account. Plaintiff has failed to state as to how, when and where the Sears credit card was issued to Defendant. Plaintiff has failed to submit copy of credit card application and credit card agreement duly signed by Defendant, proof of service of credit card delivered to Defendant, bills, invoices, receipts and such other valid documentary evidence to prove the entire allegations. Plaintiff No. 12-2488Thomas P Crouse- Answer Page I of 6 NOTICE THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY. YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY. YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S FUNDS. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY. THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE FULLY IN 20 PA. C. S. CH. 56. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU. I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND ITS CONTENTS. ellwx"- Date: THOMAS P. CROUSE, Principal GENERAL DURABLE POWER OF ATTORNEY (WITHOUT HEALTHCARE PROVISIONS) OF THOMAS P. CROUSE On I, THOMAS P. CROUSE, of _ _, hereby declare the following: Section 1. Designation of Agent: I do make, constitute and appoint my Wife, ROSEMARY C. CROUSE, to be my true and lawful Agent. In the event ROSEMARY C. CROUSE is unable to serve in that capacity, then, I appoint my Son, DOUGLAS P. CROUSE, to be my alternate true and lawful Agent. In the event DOUGLAS P. CROUSE, is unable to serve in that capacity, then, I appoint my Son, RICK T. CROUSE, to be my true and lawful alternate Agent. Section 2. HIPAA Provisions: The authority of my Agent to act on my behalf shall include, without limitation, the authority to make decisions related to my health care, and in connection therewith, my Agent shall be treated as my personal representative with respect to protected health information relevant to such representation for purposes of the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and regulations issued pursuant thereto, including, without limitation, all rights of access as I would have to inspect and obtain copies of protected health information about me relevant to such representation. Section 3. Powers of Agent: I give my Agent all of the following powers: a. To take custody and control of all my assets, real or personal, wherever situated; b. To engage and dismiss agents, counsel and employees, and to appoint and remove any agent of my Agent, with respect to any of the matters herein and upon such terms as my Agent shall think fit; C. To make limited gifts; d. To engage in real property transactions; To engage in tangible personal property transactions; f. To engage in stock, bond and other securities transactions, including United States government bonds and securities, and to engage in commodity and option transactions, if I have made similar transactions in the past; g. To engage in banking and financial transactions; h. To borrow money; To enter safe deposit boxes; To engage in insurance transactions; k. To engage in retirement plan transactions; 1. To handle interests in estates and trusts; in. To pursue claims and litigation; n. To receive government benefits; o. To pursue tax matters; P. To create a trust for my benefit and to amend, revoke or terminate such trust, or an existing trust of which I am grantor; either individually or jointly with my spouse; q . To make additions to an existing trust for my benefit and to withdraw and receive the income or principal of such trust; r. To disclaim any interest in property; S. To renounce fiduciary positions; t. To change beneficiary designations on insurance policies, investments, individual retirement accounts, stock accounts or any other financial investments naming beneficiaries to allow for the change of said beneficiaries; U. To sign all necessary documentation with the Pennsylvania Department of Transportation for the sale, purchase or transfer of motor vehicles as well as the registration of vehicles as well as any other documentation regarding the ownership and sale of motor vehicles in the Commonwealth of Pennsylvania. Section 4. Intent: My Agent shall have full power and authority to perform every act regarding my estate, property and affairs as fully as I could if personally present. The above specifically enumerated powers are included in, but do not limit, the general power I am granting to my Agent herein. Section 5. Waiver of Accounting Obligations: My said Agent shall not be required to comply with the accounting obligations as set forth in the Pennsylvania Probate, Estates and Fiduciaries Code. Section 6. Binding on Heirs: I hereby declare that any act or thing lawfully done hereunder by my Agent shall be binding on myself, and my heirs, legal and personal representatives, and assigns. Section 7. Durable Powers: This power of attorney shall not be affected by my subsequent disability or incapacity. Section 8. Interpretation: Wherever the context requires, the masculine gender shall include the feminine and neuter gender, and vice versa, and the singular shall include the plural, and vice versa. IN WITNESS WHEREOF, I have executed this General Durable Power of Attorney on the date provided above.. THOMAS P. CROUSE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND On ' before me, a Notary Public, the undersigned officer, personally appe ed THOMAS P. CROUSE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set(myAadd and o lr•al seal. ry-runic NOTARIAL SEAL LISA A DUPERT Notary PUbIIC NEWVILLE BORO., CUMBERLAND COUNT My COMMIS3101 Expires Apr 6, 2012 ACKNOWLEDGMENT BY AGENT I, ROSEMARY C. CROUSE, DOUGLAS P. CROUSE and RICK T. CROUSE, have read the attached power of attorney and am the person identified as the Agent for the principal. I hereby acknowledge that in the absence of a specific provision to the contrary in the power of attorney or in 20 Pa. C. S., when I act as Agent: I shall exercise the powers for the benefit of the principal. I shall keep the assets of the principal separate from my assets. I shall exercise reasonable caution and prudence. I shall keep a full and accurate record of all actions, receipts and disbursements on behalf of the principal. 7 !d Date: Y C. O E, ent DOUGLAS P. CROUSE, alternate Agent RICK T. CROUSE, alternate Agent Section 7. Durable Powers: This power of attorney shall not be affected by my subsequent disability or incapacity. Section 8. Interpretation: Wherever the context requires, the masculine gender shall include the feminine and neuter gender, and vice versa, and the singular shall include the plural, and vice versa. IN WITNESS WHEREOF, I have executed this General Durable Power of Attorney on the date provided above. THOMAS P. CROUSE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On _ A, before me, a Notary Public, the undersigned officer, personally appe ed THOMAS P. CROUSE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set(my)iaZd and o 14al seal. ry-ruunc, NOTARIAL SEAL LISA A DUPERT Notary PUbIIC NEWILLE BORO., CUMBERLAND COUNT My Commission Expires Apr 6. 2012 f i :i?t_. llD COWiPl' BURTON NEIL & ASSOCIATES, P.C. Derek Blasker, Esquire, Id. no. 202150 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. 12-2488 CIVIL TERM THOMAS P CROUSE Defendant : CIVIL ACTION - LAW REPLY TO AFFIRMATIVE DEFENSES GENERAL DENIAL 9. Denied. There are no facts set forth or alleged in the averment to which a responsive pleading is required. The allegation is denied pursuant to Pa R.C.P. 1029(d). FIRST AFFIRMATIVE DEFENSE 10. Denied. It is denied that service of process was insufficient and/or improper. As stated in the Sheriff's Return of Service, service was perfected on April 26, 2012, by handing the complaint to Rosemary Crouse. By way of further response, it is denied that defendant may assert improper service as new matter or an affirmative defense. Defendant's filing of his answer waives the objection to service. SECOND AFFIRMATIVE DEFENSE 11. Denied. It is denied that the complaint fails to state a claim upon which relief can be granted. The complaint set forth a valid account stated cause of action. As set forth in complaint paragraphs 10 and 11, "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. As a result of said assent, an account stated for the sum of $12,456.69 exists which sum reflects the Exhibit A statement balance less credits, if any, which were applied subsequent to the date of Exhibit A" Complaint paragraphs 1 through 9 establish the identity and mailing address of each party and set forth each element necessary to establish a valid account stated cause of action. THIRD AFFIRMATIVE DEFENSE 12. Denied. Denied as a conclusion of law to which no response is required. There are no facts alleged in the averment, therefore, pursuant to Pa R.C.P. 1029(d), the allegation is denied. FOURTH AFFIRMATIVE DEFENSE 13. Denied. Denied as a conclusion of law to which no response is required. There are no facts alleged in the averment, therefore, pursuant to Pa R.C.P. 1029(d), the allegation is denied. FIFTH AFFIRMATIVE DEFENSE 14. Denied. It is denied that the affirmative defense of unclean hands is one that is available to the defendant. Unclean hands is an affirmative defense to an action brought in equity, however this is an action at law. As such, defendant is precluded from asserting such defense to plaintiff s claim for relief. SIXTH AFFIRMATIVE DEFENSE 15. Denied. It is denied that defendant's answer or new matter set forth any facts or actions that would constitute a violation of the Fair Debt Collection Practices Act. It is denied that plaintiff, a statutorily defined "creditor," is subject to the guidelines and requirements of the Fair Debt Collection Practices Act, which only applies to statutorily defined "debt collectors," which plaintiff is not. SEVENTH AFFIRMATIVE DEFENSE 16. Denied. Denied as a conclusion of law to which no response is required. There are no facts alleged in the averment, therefore, pursuant to Pa R.C.P. 1029(d), the allegation is denied. If a response is required, new matter paragraph 16 is denied. It is denied that defendant's answer or new matter set forth any facts or actions that would constitute a violation of the Fair Debt Collection Practices Act. It is denied that plaintiff, a statutorily defined "creditor," is subject to the guidelines and requirements of the Fair Debt Collection Practices Act, which only applies to statutorily defined "debt collectors," which plaintiff is not. EIGHTH AFFIRMATIVE DEFENSE 17. Denied. It is denied that defendant may reserve the right to include additional new matter that may become available during the course of discovery. Such reservation would imply a unilateral ability to amend defendant's pleading without filed consent of plaintiff s counsel or a request for leave of this Court. Such reservation is contrary to the language of Pa R.C.P. 1033, which sets forth the requirements to amend a pleading. Further, any claims or defenses required to be asserted under Pa R.C.P. 1030(a) that have not already been asserted are now considered waived. See Pa R.C.P. 1032(a). WHEREFORE, plaintiff prays that judgment be entered on its behalf and against defendant as set forth in the complaint. BURMIVNEIL & ASSOCIATES, P.C. By: ;r, Esquire Plaintiff In making this communication, we advise our firm is a debt collector. Verification , 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 pleading 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. Date: - I Signature Crouse/Thomas P Acct. Ending 5159 C-51586 Verification Derek C. Blasker, Esquire, attorney for plaintiff, CITIBANK, N.A., makes this statement on its behalf as to the truthfulness of the facts set forth in the foregoing Reply to Affirmative Defenses subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Counsel, rather than an officer or other representative of plaintiff is verifying the foregoing Reply to Affirmative Defenses because plaintiff's officers and/or representatives are outside the jurisdiction of the court and the verification the time required to file this pleading. Plaintiff's Affirmative Defenses based upon information and Date: TAIL none of them could be obtained within plaintiff's Reply to in his file. , Esquire Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK, N.A. Plaintiff V. THOMAS P CROUSE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 12-2488 CIVIL TERM CIVIL ACTION - LAW Certificate of Service I, Derek C. Blasker, Esquire do hereby certify that I served a true and correct copy of the within Reply to Affirmative Defenses on pro se defendant, Thomas P Crouse at his address of record via first class mail, postage prepaid on the Date: set forth below. By: eil & Associates, P.C. DeWC. Blasker, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-51586 PRO THO,�Oe TA P1 1813 SFP -4 CUN$ERL AM AENNS yL0 VA OUNr`f Burton Neil &Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 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 CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS P GROUSE NO. 12-2488 CIVIL TERM Defendant : CIVIL ACTION-LAW Praecipe to Satisfy Judgment To the Prothonotary: Mark the judgment Satisfied . Burton N ' Associates, P.C. By: C. Blasker, Esquire Atto ey for Plaintiff This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. C-51586/318 IL