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Home My WebLink About12-2596Blatt, Hasenmiller, Leibsker & Moore, LLC Daniel Santucci Attorney I.D. #92800 Morris Scott Attorney I.D. #83587 1835 Market Street, Suite 501 Philadelphia, PA 19103 800-850-1079 CITIBANK, N.A. c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Plaintiff, VS. THOMAS W MCLAUGHLIN SR 1506 CARLISLE RD CAMP HILL PA 17011-7503 Defendant. Attorney for Plaintiff, CITIBANK, N.A. 7 x'19 L: V ' YLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. v? - 'A :S94 0-'tV( 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 attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 2693824 PPTCPADI 0) Qtlc? $Ip3.7Spd at Cr.? 199??7 a7v353/ AVISO Le han demandado a usted en la corte. Si usted quiere defen derse de estas demandas expuestas en las paginas siguientes, usted tiene veinte dias de plazo al partir de la fecha de la demanda y la notificacion. Hase falta ascentar una comparencia escrita o en persona o con un aboga do y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisa do que si usted no se de fiende la corte tomara medidas y puede continuar la demanda en contra suva sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propieda des u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 267-2032 Blatt, Hasenmiller, Leibsker & Moore, LLC Daniel Santucci 1835 Market Street, Suite 501 Philadelphia, PA 19103 800-850-1079 Attorney for Plaintiff, CITIBANK, N.A. CITIBANK, N.A. c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Plaintiff, vs. THOMAS W MCLAUGHLIN SR 1506 CARLISLE RD CAMP HILL PA 17011-7503 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. COMPLAINT Plaintiff, CITIBANK, N.A. claims as follows: 1. The Defendant(s), THOMAS W MCLAUGHLIN SR, is a resident of Cumberland County, Pennsylvania. 2. Defendant opened a credit account with Plaintiff on or about October 1, 1986. 3. Defendant used the account to make purchases and charges and/or receive cash advances. 4. Plaintiff billed the Defendant for payment of charges on the account and Defenant has assented to the account. 5. Defendant has failed to make payment for the amounts due and owing. 6. There currently remains a balance of $6976.90. 7. An account stated for the sum of $6976.90 exists which sum reflects the Exhibit A statement balance less credits, if any, which were applied subsequent to the date of Exhibit A. 8. Defendant last made a payment on the account on 05-02-2011 . 2693824 PPTCCITI WHEREFORE, Plaintiff, requests Judgment in the amount of $6976.90, plus court: costs and interest from the date of Judgment. Respectfully s No. 92800 Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff, Daniel Santucci, Attorney I.D. #92800 CITIBANK, N.A. Morris Scott Attorney I.D. #83587 1835 Market Street, Suite 501 Philadelphia, PA 19103 800-850-1079 CITIBANK, N.A c/o Blatt, Hasenmiller, Leibsker & Moore, LLC IN THE COURT OF COMMON PLEAS 1835 Market Street, Suite 501 Philadelphia, PA 19103 CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION vs. No. THOMAS W MCLAUGHLIN SR i 1506 CARLISLE RD CAMP HILL PA 17011-7503 Defendant(s). AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: County of Chester: I, Daniel Santucci/Morris Scott, being duly sworn according to law, depose and say I am the attorney for Plaintiff and I am authorzied to make this affidavit on Plaintiff's behalf. I hereby certify that the Defendant is at least 18 years of age and not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Servicemembers' Civil Relief Act of 2004 and any amendments thereto. I also herby certify that the statements made in the foregoing Affidavit of Non-Military Service are true and correct to the best of my information, knowledge, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: April 16, 2012 By: BLATT, HASEENLER, LEI & MOORE, L DanW Santucci Morris Scott 2693824 PPTJCAMI INII IIIII IIIII IIIII 111111 III IIII 11111111111111111111111111111111 VERIFICATION Ashlpv rnnlp am employed by Citibank, N.A. (hereafter Citibank) which is successor in interest to plaintiff Citibank (South Dakota), N.A. This includes accounts previously owned by plaintiff Citibank (South Dakota), N.A. which merged into Citibank in or about July 2011. 1 am authorized to make this verification on behalf of Citibank. The statements of facts set forth in the Reply to New Matter 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. I--?g-I ATE. DATE-)D4'- 2 2693824 PPTXCTVI 111111111111111111111111111111111111111111111111111 IIII 11111 IIII Exhibit "A" PPTXEXAI 90,31 0 ° A r; F be \ 3 P D; 4, o >0 - t, 0 x o - 0 ° U m 3 3 m w C] v rr .d n°pn N 13- 3oD mx? C3 l7 N-O N O N o m hu ? a N w r _ c 0 p c C3 a Ca 9„ r Y$ ? a P1 '? n fa 6 ? How To Ruch Us www.cltictirds.com 1-800-866-9900 Account Member THOMAS W MCLAUGHLIN SR Customer Service box 6500 Account Activity bar SIOUX FALLS, SD Jul 13-Aug 10, 2011 698 Member Shr-1986 57117 Minimum Payment Due: New Balance: Summary of Account Activity $1,304.79 $6,976.90 Previous Balance $6,797.48 t h itl Payments $0.00 - Extra Cash from CHI ex racas .c .com Payment Due Date: renReab P e t b other Credits so.oo Extra Cash from Cltl Member ID 8648-6157530 0 Cash Iran Cltl Account: t n t f d t E 00 v sl aylnss mus 09/08/2011 entM NPrwrit due aq bcal teen PUfCndsea 1$0 .00 Extra Cas rans er o your x ra re . Leta Payment ¦arnkeg; If we do not recelve your Cash Advances +$0.00 Full details can be fo und in the Extra Cash from CILI Summary section of this statement. minimum payment by the date listed above, you may Fees Charged +$35.00 have to pay a late fee of up to 535 and your APRs may be increased up to the variable Penally APR of 29.99%. Interest Charged +$144.42 Faes New Balance $6,976.90 Sale Post Description mount Minimum Payment [laming: If you mane only the minimum payment each period, you will pay more In Past Due Amount $689.47 08/10 LATE FEE - JUL PAYMENT PAST DUE 35.00 Interest and it will take you longer to pay off your Amt. Over Credit Limit $366.90 TOTAL FEES FOR THIS PERIOD 35.00 balance. For example: If you make no you MII pay off And You MII and Credit Limit $6.610 Interest Charged additional charges the b 1 nce shown up paying an t tl t d t t l e t Available Credit $0 Post Description Amount ma e o a using this care and th s atemen es each month you pay I about.. of... .. Cash Advance Limit $6,610 08/10 INTEREST CHARGED TO STANDARD ADV 32.60 On ly the minimum 24 year(s: $20,295 Available Cash Limit $0 08/10 INTEREST CHARGED TO ADV PR-06/02/10. 20.18 payment i u Statement Closing Date 0811012011 08/10 INTEREST CHARGED TO STANDARD PURCH 7.46 nwl no services. tai t en aaT-e ee. for Info -il about treat ca Days In Billing Cycle 29 08/10 INTEREST CHARGED TO PUR PR-06/02/10. 90.18 TOTAL INTEREST FOR THIS PERIOD 144.42 2011 Totals year to-0111 Total fen ch.-I In 2011 $95.00 Total Interest charged In 2011 $1,167.66 Interest Charge Calculation Your Annual Percentage Rata lapels the annual Interest rate on your account. Annual Percentage Balance Sub1act to Type of Balance Rate (APR) Intern[ Rate Interest Charge PURCHASES Standard Porch 29.990% ;V) $61.37(D) $1.46 1 oft Now to Ruch Ua 1-800-866-9900 Customs, Service BOX 6500 ACGOUnt Number SIOUX FALLS, SO 57117 2698 Access your account onllne: www.citicards.com Interest Charge Calculation (continued) Annual Percentage BalesI Suh ct to Type of Balance Rate (APR) Inhrast ate Interest Charge PURCHASES (continued) Parch Prior 06/02/10 29.990% $3,785.05 (D) $90.18 ADVANCES Standard Adv 21.990% (V) $1,865.73 (0) $32.60 Adv Prior 06/02110 21.990% $1,154.79(D) $20.18 Please be sure to pay on time. If you submit your payment by mail, we suggest you mail it no later than 09/01/2011 to allow for enough time for regular mail to reach us. Extra Cash from CHI Summary extracash.citl.com Extra Cash from Cltl Winter ID 8646-6157570 Extra Cash Extra Cash Total Extra Cash Extra ash Transferred Earned Adjustments Earned to year Extra Gsh This Penod This Period This Period from CBI Account 0.00 0.00 0.00 0.00 No Extra Cash was transferred this month to your Extra Cash from Citi account. This may be because you made no eligible purchases or because a credit/adjustmentldlspute exceedec the amount of eligible purchases. IMPORTANT NOTICE ABOUT YOUR ACCOUNT Effective July 1, 2011, Citibank (South Dakota), N.A., is merged into Citibank, N.A Citibank, N.A., which is located in Sioux Falls, South Dakota, is the new issuer of your account. All references to Citibank (South Dakota), N.A., in your account documentation, including the Card Agreement, and in communications about your account should be deemed to refer to Citibank, N.A. Any optional program provided by Citibank (South Dakota), N.A., is now provided by Citibank, N.A. 2 oft Blatt, Hasenmiller, Leibsker & Moore, LLC Daniel Santucci Attorney I.D. # 92800 Morris Scott Attorney I.D. #83587 1835 Market Street, Suite 501 Philadelphia, PA 19103 215-564-1567 CITIBANK, N.A. c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Plaintiff, vs. THOMAS W MCLAUGHLIN SR 1506 CARLISLE RD CAMP HILL PA 17011-7503 Defendant(s). Attorney for Plaintiff, < f` CITIBANK, N.A. T SEER' i'',NO COUNT Et14* S"I"L V," NIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION Nn. ' a _ P.5q (' &(-l PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly ENTER my appearance in the above-captioned matter on behalf of PLAINTIFF CITIBANK, N.A.. Papers may be served at the address set forth below: Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Telephone Number: 1-215-564-1567 Dated: April 16, 2012 By: BLATT, HASE & MOORE, LL 2693824 PPTXPEAI 1111111111 IN III 11111111111111111111111111111111111111111111111111 IN Morris Scott Attorney FIRST SOURCE LAW Jenna R. Thorne, Esq. Attorney Bar #310524 1504 Brookhollow Dr. Suite 112 Santa Ana, CA 92705 (714) 361-1967 Attorneys for Defendant THOMAS W. MCLA UGHLIN SR. CITIBANK, N.A. Plaintiff, n rnw 3 =,-n cnr" ? z; r--.X CD ?C; p Z- --; COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 12-2596 VS. THOMAS W. MCLAUGHLIN SR., Defendant. DEFENDANT THOMAS W. MCLAUGHLIN SR.'S ANSWER TO PLAINTIFF CITIBANK, N.A.'S COMPLAINT Defendant THOMAS W. MCLAUGHLIN SR., by its attorneys First Source Law, hereby submits his Answer to Complaint filed by CITIBANK, N.A. as follows: COMPLAINT 1. Defendant admits upon information and belief the truth of the allegations in paragraph 1 of the Complaint. 2. Defendant lacks information or belief sufficient to answer the allegations in paragraph 2 of the Complaint, and basing his denial on this ground, denies each and every allegation thereof. 3. Defendant lacks information or belief sufficient to answer the allegations in paragraph 3 of the Complaint, and basing his denial on this ground, denies each and every allegation thereof. 4. Defendant lacks information or belief sufficient to answer the allegations in paragraph 4 of the Complaint, and basing his denial on this ground, denies each and every allegation thereof. 5. Defendant lacks information or belief sufficient to answer the allegations in paragraph5l of the Complaint, and basing his denial on this ground, denies each and every allegation thereof. 6. Defendant denies upon information and belief the truth of the allegations in paragraph 6 of the Complaint. 7. Defendant lacks information or belief sufficient to answer the allegations in paragraph 7 of the Complaint, and basing his denial on this ground, denies each and every allegation thereof. 8. Defendant lacks information or belief sufficient to answer the allegations in paragraph 8 of the Complaint, and basing his denial on this ground, denies each and every allegation thereof. FIRST AFFIRMATIVE DEFENSE (Failure to State a Claim) Each and every claim on file herein, and/or the whole thereof, fails to state facts sufficient to constitute a claim against Defendant. SECOND AFFIRMATIVE DEFENSE (Statue of Limitations) Each and every claim contained therein, is barred by such statutes of limitations as may be applicable. THIRD AFFIRMATIVE DEFENSE (Failure to Mitiaate Damazes) Should any damage or injury have occurred as alleged in the Complaint, said damages or injuries have been caused or aggravated by the failure of Plaintiff to take reasonable action to avoid or mitigate such damage, and, therefore, Plaintiff is barred and foreclosed from obtaining recovery against Defendant for such damage. FOURTH AFFIRMATIVE DEFENSE (Estoppel) Each and every claim asserted by Plaintiff against Defendant is barred by reason of acts, omissions, representations or course of conduct by Plaintiff upon which Defendant was led to rely to their detriment. FIFTH AFFIRMATIVE DEFENSE Laches Plaintiff has unreasonably delayed in asserting the claims made against Defendant and such claims, and each of them, are barred by reason of the fact that such delay has adversely affected Defendants ability to defend against such claims. SIXTH AFFIRMATIVE DEFENSE (Unclean Hands) Defendants are informed and believe and thereon allege that Plaintiff's recovery is barred by the doctrine of unclean hands. SEVENTH AFFIRMATIVE DEFENSE (Waiver) Based on Plaintiff's actions, allegations, and/or conduct, Plaintiff has waived any claims and rights whatsoever, including but not limited to claims for damages, any right to demand arbitration and any right to seek damages for recession, as against Defendants. EIGHTH AFFIRMATIVE DEFENSE (No Damages) Defendant alleges that Plaintiff's claims against Defendant are barred because Plaintiff has suffered no damages whatsoever. NINTH AFFIRMATIVE DEFENSE Offset Defendant alleges that Defendant is entitled to an offset. TENTH AFFIRMATIVE DEFENSE (Uniust Enrichment) Defendant alleges that Plaintiff's Complaint, and each and every claim therein, is barred by the fact that any recovery would result in unjust enrichment ELEVENTH AFFIRMATIVE DEFENSE Consent Any recovery on any cause of action in the Complaint is barred on the grounds that Plaintiff authorized, approved, ratified, consented to, or acquiesced to the conduct alleged therein. TWELFTH AFFIRMATIVE DEFENSE (Good Faith) Any actions by Defendant alleged to be wrongful and improper in the Complaint were undertaken by Defendant in good faith and in the exercise of their reasonable judgment. THIRTEENTH AFFIRMATIVE DEFENSE (Inequitable Conduct) Defendant alleges that Plaintiff's claims are barred by Plaintiff's own inequitable conduct. FOURTEENTH AFFIRMATIVE DEFENSE (No Liability or Alter Ego) Plaintiff's causes of action are barred to the extent they seek to impose liability upon named Defendant for the actions or liabilities of individuals or entities other than the Defendant named. FIFTEENTH AFFIRMATIVE DEFENSE (Liability of Others) Should Plaintiff be entitled to recover any damages against Defendant, for which Defendant denies any basis, any such damages must be reduced in whole or in part to the extent that Plaintiff's own negligence and/or fault and/or the negligence or fault of others for which Defendant cannot beheld liable proximately contributed to Plaintiff s purported damages. SIXTEENTH AFFIRMATIVE DEFENSE (Breach of Implied Covenant of Good Faith) Plaintiff is barred from obtaining the relief they seek against Defendant by virtue of Plaintiff's breach of the implied covenant of good faith and fair dealing inherent in all contractual relationships. SEVENTEENTH AFFIRMATIVE DEFENSE (Fair Debt Collection Practices Act) Plaintiff's claims are barred under the Federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., from collecting attorney fees, interest, collection fees and any amount not specifically provided for by the purported agreement. EIGHTEENTH AFFIRMATIVE DEFENSE (Truth-In-Lending Act) Plaintiff failed to make disclosures required by the Federal Truth-In-Lending Act, 15 U.S.C. § 1601 et seq. TWENTIETH AFFIRMATIVE DEFENSE (Right to Amend) Defendant reserves the right to amend his Answer, to assert additional affirmative defenses and to supplement, alter or change his Answer and affirmative defenses upon revelation of more definitive facts by the Plaintiff and upon the undertaking of discovery and investigation in this matter. WHEREFORE, Defendant prays for award/judgment as follows: That Plaintiff take nothing by its Complaint and claims therein and that an award/judgment be entered herein in favor of Defendants; For reasonable attorneys fees and costs incurred herein; For costs of suit incurred herein; and For such other and further relief as the Court deems proper Dated: May, 2012 FIRST SOURCE LAW By: Je a R. Thorne, Esq. Attorney for Defendant CITIBANK, N.A. Plaintiff, VS. THOMAS W. MCLAUGHLIN SR., Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 12-2596 VERIFICATION I, ho W, ? ?+? bei g duly sworn, deposes and says: I have read the DEFENDANT THOMAS . MCLAUGHLIN SR. ANSWER TO PLAINTIFF CITIBANK, N.A.'S COMPLAINT and know the contents to be true from my own knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true. A Signature of Defend t j?o6 4:,AAIS41 j F, R D Defendant's Address Ch qlolljl" 4 /PA / 7,1?F/ Sworn to before me this ILL day of , 20 / a . otary ourt Employee COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL LROBERTA E. BIESECKER, Notary Public mp Hill Boro, Cumberland County Commission Expires July 23, 2013 CERTIFICATE OF SERVICE BY MAIL CITIBANK, N.A. COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. THOMAS W. MCLAUGHLIN SR., Defendant. NO.: 12-2596 I, Katherine Sandoval, hereby certify that I served a copy of the following documents: DEFENDANT THOMAS W. MCLAUGHLIN ANSWER TO PLAINTIFF CITIBANK (SOUTH DAKOTA), N.A. COMPLAINT by mailing and depositing a true and correct copy of said document in a mailbox located at: 1504 Brookhollow Dr. Suite 112, Santa Ana, CA 92705, 714-617-8385. On May IL, 2012 to: Daniel Santucci, Esq. Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market St, Ste 501 Philadelphia, PA 19103 I certify that the foregoing is true and correct. DATED: May t1, 2012 FIRST SOURCE LAW Jenna Thorne Attorney Bar #310524 1504 Brookhollow Dr. Suite 112 Santa Ana, CA 92705-5418 Phone: (714) 617-8385 Attorneys for Defendant Thomas W. McLaughlin Sr. CITIBANK, N.A., ) Plaintiff ) V. ) THOMAS W. MCLAUGHLIN SR. ) Defendant, ) rnia s -?; ;Z Co , COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 12-2596 NOTICE OF APPEARANCE TO THE CLERK OF THIS COURT AND ALL PARTIES OF RECORD: Please take notice that I, Jenna Thorne, Bar #310524 enter my appearance as counsel in the above captioned matter for Defendant Thomas W. McLaughlin Sr.. All communications for Thomas W. McLaughlin Sr. should be sent to 1504 Brookhollow Dr. Suite 112, Santa Ana, CA 92705. Dated: 5/8/2012 FIRST SOURCE LAW By. Jenna 4rne Attorney for Defendant CERTIFICATE OF SERVICE BY MAIL CITIBANK, N.A., ) Plaintiff ) V. ) THOMAS W. MCLAUGHLIN SR. ) Defendant, ) COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 12-2596 NOTICE OF APPEARANCE I, Brenda Montano, hereby certify that I served a copy of the following documents: NOTICE OF APPEARANCE by mailing and depositing a true and correct copy of said document in a mailbox located at 1504 Brookhollow Dr. Suite 112, Santa Ana, CA 92705 on the following date: 5/11/2012 to: Daniel Santucci, Esq. Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market St, Ste 501 Philadelphia, PA 19103 I certify that the foregoing is true and correct. -; ?j' , Dated: 5/11/2012 By: Brenda Montano Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor >? SHERIFF'S OFFICE OF CUMBERLAND COUNT Z ? cn ? r C': CM 0 b ? c C)C) Citibank, NA vs. Case Number . Thomas W. McLaughlin, Sr. 2012-2596 SHERIFF'S RETURN OF SERVICE 05/07/2012 04:07 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 7, 2012 at 1607 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Thomas W. McLaughlin, Sr., by making known unto himself personally, at 1506 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.00 May 09, 2012 RYAN BURGETT, DEP ? SO ANSWERS, RON R ANDERSON, SHERIFF . ; cQU?I 7?iL JI'P,i tfi. l? 3017. Inc. FIRST SOURCE LAW Jenna R. Thorne, Esq. Attorney Bar #310524 1504 Brookhollow Drive, Suite 112 Santa Ana, CA 92705 (714) 617-8385 Attorneys for Defendant THOMAS W. MCLA UGHLIN SR. CITIBANK, N.A. ~., 3 Y ~~ 1 i r ~. ' ,,~, ~ ~ ~+` ^is _ ~~ r~ '~~ ~t~t,'?~~ ! ~YP-is~1P~ COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, vs. THOMAS W. MCLAUGHLIN SR., NO.: 12-2596 DEFENDANT'S MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED Defendant. COMES NOW, Defendant, THOMAS W. MCLAUGHLIN SR., by and through her undersigned counsel of record, and respectfully moves this Court to have the Requests for Admission previously served upon Plaintiff deemed admitted by this Court pursuant to Pa.R.C.P. 4014 and submits the following: 1. Defendant served the attached Requests for Admission on Plaintiff on July 5, 2012 in accordance with Pa.R.C.P. 4014(a). See Defendant's Request for Admissions attached hereto as Exhibit A. 2. Since that date, Defendant has received no written answer, objection, or communication from Plaintiff regarding the Requests for Admission. 3. Pa.R.C.P. 4014(b) simply states that "The matter is admitted unless, within thirty days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission an answer verified by the party or an objection, signed by the party or by the party's attorney" 4. Plaintiff has not requested additional time to respond in accordance with this rule. 5. Plaintiff has failed to provide any response to Defendant's Requests for Admission since they were served. 6. Over 30 days has passed since service of the Requests for Admission. WHEREFORE, given the foregoing facts and rules of law, defendant respectfully requests that this Court order Defendant's attached Requests for Admission immediately admitted by Plaintiff. Dated: November a(~ 2012 FIRST SOURCE LAW By: J R. Thorne, Esq. Attorney for Defendant FIRST SOURCE LAW Jenny Thome Attorney Bar #310524 1504 Brookhollow Dr. Suite 112 Santa Ana, CA 92705-5418 Phone: (714) 617-8385 Attorneys for Defendant Thomas W. McLaughlin Sr. CITIBANK, N.A., Plaintiff ) v. ) THOMAS W. MCLAUGHLIN SR. ) Defendant, ) COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 12-2596 Defadant Thomas W. Mc1L:ugblin Sr.'a Flnt Set of Regaesta for Adamson to P1laintl~ CiH6aak, N.A. Pursuant to Pennsylvania Rules of Civil Procedwe -Rule 4014, Defendant THOMAS W. MCLAUGHLIN SR. requests that Plaintiff CITIBANK, N.A. answer the following Requests for Admission, Set No. One, separately, fully and under oath, thirty (30) days after service hereof. SPECIAL DEi~'IN11iONS 1. The term YOU and YOUR shall refer to CITIBANK, N.A, as well as agents, employees, consultants, representatives, attorneys, accountants, a other persons acting or purporting to act on its behalf. 2. The term DEFENDANT and DEFENDANT'S shall refer to THOMAS W. MCLAUGHLIN SR. as well as agents, employees, consultants, representatives, attorneys, accountants, and all other persons acting or purporting to act on his or her behalf. 3. The term DISCLOSURES shall refer to the disclosures that are required by the Truth- In-Lending Act ('TILA"), 15 U.S.C. §§ 1601-1615 and Regulation Z, 12 C.F.R. § 226. 4. The term BALANCE OWED shall refer to all credits, charges, and finance charges on the account since inception. 5. The term DOCUMENT shall refer to ali correspondence, reports, memoranda, invoices, agreements, financial statements, computer printouts, summaries, computer programs or data and machine readable data stored on cards, disks, magnetic tapes or other stored media, any written, printed or otherwise recorded matter not specified and ail ELECTRONIC DATA, whether in an ACTIVE FILE, ARCHIVAL FILE, DELETED FILE, or a FILE FRAGMENT, stored on YOUR COMPUTER. 6. The term COMPUTER shall mean microchips, microcomputers (commonly referred to as personal computers), laptop computers, notebook computers, portable computers, palmtop computers (commonly referred to as personal digital assistants, cellular phones, pagers, minicomputers and mainframe computers. 7. The tern ELECTRONIC DATA shall mean the original (or identical duplicate when original is not available) and any non-identical copies (whether non-identical because of attached comments, hidden text, annotations, marks transmission information, or alterations of any kind) of infarmation of any kind stored in electronic, magnetic, optical, magneto or digital form. Electronic date includes, but is not limited to, originals and all copies of electronic mail; activity listings of electronic mail receipts and/or transmittals; voicemails; audio or video recording of any kind; computer programs (whether private, commercial or a work in progress); programming notes or instructions; output resulting from theuse of any software program, including word processing documents, spreadsheets, database files, charts, graphs and outlines; operating systems; source code of all types; PIF files, batch files; ASCH files, PDF files, JPEG files and all miscellaneous electrotic files and/or file fragments regardless of the media on which they are stored and regardless of whether the date resides in an active file, archival file deleted file or file fragttient. Electronic data includes any and all information stored in hard disks, floppy disks, CD ROM disks, Bernoulli disks, ZIP drive and their equivalents, magnetic tapes, of all kinds and computer chips (including, but not limited to, EPROM, PROM, RAM AND ROM). Electranic data also includes the file, folder tabs, containers or labels appended to any storage device containing electronic data. 8. The term ACTIVE FILE shall mean any electronic data file that is readily visible to the operating system and application with which it was created. 9. The teen ARCHIVAL FILE shall mean any electronic data that is stored in electronic media for back up purposes and is not otherwise an active file. 10. The tenor DELETED FILE shall mean any electronic data file that has been deleted from the electronic media on which it resides, but has not yet been completely written over with new electronic data. 11. The term FILE FRAGMENT shall mean any electronic date file that exists as a subset of an original active file. A File fragment may be active, archival or deleted. 12. The phrase IDENTIFY ALL PERSONS shall refer to, mean and include (a) the name of the person, (b) the name of the person's current employers,(c) the person's business address and telephone number and (d) the person's home address and telephone number. 13. The phrase IDENTIFY ALL DOCUMENTS shall refer to, mean and include (a) the type of document (e.g, letter, memo, etc.}, (b) the title and date of the document, (c) the name of the author or person who created the document, (d) the name of each person to whom the document was addressed, sent and/or copies, (e) the present location of the document and any copies and (f) a general description of its subject matter. 2 14. The term CONiMU1vICATIONS mean every form of interchange, exchange, or transmission of information, thought or opinion, and shall include, without limitation, all verbal communications (whether transmitted face to face or by media such as intercoms, telephones, electronic mail, television or radio}, all written or graphical communications of any kind, and all statements, discussions, conversations, speeches, meetings, remarks, questions, answers, panel discussions, and symposia. INSTRUCTIONS 1. Provide YOUR response to each Request for Admission by restating each Request above your response to the same. 2. In responding to the Requests for Admission, furnish all available information in YOUR possession and supplement your responses in a timely manner if addition information becomes available. 3. Respond to each Request for Admission completely, providing all information that is actually or constructively available to YOU. 4. If YOU are unable to respond to any of these Requests for Admission, specifically state the reasons therefore. 5. If YOU interpose any objections to any of the Requests for Admission, fully state the ground for the objection and the legal authority upon which YOU will rely in response to a motion to compel YOUR responses to the same. REQUESTS FOR ADMISSION REQUEST FOR ADMISSION NO.1 Admit that you do not have the credit card application bearing the signature of Defendant(s) for the alleged debt listed in the Plaintiffs complaint. REQUEST FOR ADMISSION N0.2 Admit that you do not have the credit card agreement bearing the signature of Defendant(s) for the alleged debt listed in the Plaintiff s complaint. REQUEST FOR ADMISSION N0.3 Admit that you do not have all the disclosures as required by the Truth-in-Lending Act, ] 5 U.S.C. § § 1601-1615 that you allegedly provided to Defendant. REQUEST FOR ADML&gION N0.4 Admit that you do not have all the disclosures as required by Regulation Z 12 C.F.R § 226 that yon allegedly provided to Defendant. REQUEST FUR ADMISSION NO. S Admit that you did not provide disclosures prior to extending credit to the Defendant(s) on the alleged debt as required by the Truth-in-Lending Act 15 U.S.C. §§ 1601-1615. REQUEST FOR ADMISSION N0.6 Admit that you did not provide disclosures prior to extending credit to the Defendant(s) on the alleged debt as required by Regulation Z, 12 C.F.R. § 226. REQUEST FoR ADMISSIOx No. ~ Admit that you changed the terms of the agreement on the alleged debt including finance charges (APR) without the Defendant(s) receiving proper notice as required by the Truth-in-Lending Act, IS U.S.C. §§ 1601-1615. REQUEST FOR ADNIISSION NO. S Admit that you changed the terms of the agreement on the alleged debt including finance chazges {APR) without the Defendant(s) receiving proper notice as required by Regulation Z, 12 C.F.R. § 226. REQUEST FOR ADMISSION N0.9 Admit that you cannot provide the dates} of the changes to the terms of the agreement on the alleged debt including changes to finance and interest rate charges. REQUEST FOR ADMffiSION NO.10 Admit that the Statute of Limitations to collect on the alleged debt has expired. REQUEST FOR ADMISSION NO.11 Admit that you are not the original creditor with whom the alleged credit card agreement on the alleged debt was agreed to or initiated. REQUEST FOR ADNIISSION N0.12 Admit that you cannot provide a breakdown that a reasonable consumer could understand of how you arrived at the balance owed on the alleged debt. REQUF.~ST FOR ADMISSION N0.13 Admit that you did not verify all information regazding the alleged debt from the alleged credit card agreement. REQUEST FOR ADMISSION N0.14 Admit that you did not verify all information regarding the alleged debt from the disclosures. REQUEST FOR ADMISSION NO.15 Admit that the amount demanded is not in accordance with the alleged original credit card agreement. Dated: 7/S/20t2 FIRST SOURCE LAW By: ~ nna Thorne, Esq. ttomey for Defendant 4 CERTII~'ICATE OF SERVICE BY MAII, CITIBANK, N.A., ) Plaintiff ) v. ) THOMAS W. MCLAUGHLIN SR. ) Defendant, ) COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 12-2596 Defendant Thomas W. McLa~ghlia Sr.'s First Set of RegHests for Admi:sioa to Plaintiff Citibank, N.A. I, Brenda Montano, hereby certify that I served a copy of the following documents: Defmdant Thomas W. Melangblion Sr.'s First Set of Regaesb for Awn to Plaintiff Citibank, N.A. by mailing and depositing a true and correct copy of said document in a mailbox located at 1504 Brookhollow Dr. Suite 112, Santa Ana, CA 92705 on the following date: 7/5/2012 to: Daniel Santucci, Esq. Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market St, Ste 501 Philadelphia, PA 19103 I certify that the foregoing is true and correct. Dated: 7~sno 12 By: _ ~ , Brenda Montano CERTIFICATE OF SERVICE BY MAIL COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 12-2596 CITIBANK, N.A. Plaintiff, vs. THOMAS W. MCLAUGHLIN SR., Defendant. I, Katherine Sandoval, hereby certify that I served a copy of the following documents: DEFENDANT'S MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED by mailing and depositing a true and correct copy of said document in a mailbox located at 1504 Brookhollow Dr. Suite 112, Santa Ana, CA 92705, 714-617-8385, on the following date: November' , 2012 to: Daniel Santucci, Esq. Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market St, Ste 501 Philadelphia, PA 19103 I certify that the foregoing is true and correct DATED: November ~, 2012 CERTIFICATE OF SERVICE BY MAIL CITIBANK, N.A. Plaintiff, vs. THOMAS W. MCLAUGHLIN SR. Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY N0.:12-2596 I, Katherine Sandoval, hereby certify that I served a copy of the following documents: NOTICE OF HEARING by mailing and depositing a true and correct copy of said document in a mailbox located at 1504 Brookhollow Dr. Suite 112, Santa Ana, CA 92705, 714-617-8385, on the following date: November ~, 2012 to: Daniel Santucci, Esq. Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market St, Ste 501 Philadelphia, PA 19103 I certify that the foregoing is true and correct. l DATED: November, 2012 CITIBANK, N.A., Plaintiff v. THOMAS W. McLAUGHLIN, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 12-2596 CIVIL TERM IN RE: DEFENDANT' S MOTION TO HAVE REQUESTS FOR ADMISSION DEEMED ADMITTED ORDER OF COURT AND NOW, this 3rd day of December, 2012, upon consideration of Defendant's Motion To Have Requests for Admission Deemed Admitted, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, /Daniel Santucci, Esq. Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street Suite 501 Philadelphia, PA 19103 Attorney for Plaintiff /Jenna R. Thorne, Esq. 1504 Brookhollow Drive Suite 112 Santa Ana, CA 92705 Attorney for Defendant C~ ~- Christylee L. Peck, J. :rc ~~ ~s ~.'/Ca~ /a.~~~a ~~ - .. ~__- ~-~ -~ ~, r ca ~D ~ I r ~; ~~ c ;:. -~, ~-_, c .__ -~ -- ~ ..,r, ~ ; ~~; c~ ..~ cY, ---- .~ry •~''' ~ ~ :~ ~~, .w ~ .. c.~ E,;., ~ -+a " __; w ., ~ . ! 1 Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff, Morris Scott Attorney I.D. #83587 a �J Syretta Martin Attorney I.D. #309370 C= , 1835 Market Street, Suite 501 rr-'JM C/7 'n Philadelphia, PA 19103 � -v _0M 800-850-1079 Nom ' CITIBANK,N.A. 7> c/o Blatt, Hasenmiller, Leibsker& Moore, LLC IN THE COURT OF COMMON PLEAS 1835 Market Street, Suite 501 Philadelphia, PA 19103 CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION VS. No. 12-2596 CIVIL THOMAS W MCLAUGHLIN SR 1506 CARLISLE RD CAMP HILL PA 17011-7503 Defendant(s). PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly WITHDRAW the Complaint filed in the above-captioned matter, WITHOUT prejudice. Respectfully submitted, BLATT, HASENMILLER, LEIBSKER & MOORE, LLC Dated: September 6, 2013 By: e& Morris Sco t Syretta Ma ffi - 2693824 PPTJPWCI I IIIIIII IIIIII II IIIIIIII II IIIIII VIII VIII VIII VIII VIII 11111111111111 IIII I v Blatt, Hasenmiller, Leibsker& Moore, LLC Attorney for Plaintiff, Morris Scott Attorney I.D. #83587 Syretta Martin Attorney I.D. #309370 1835 Market Street, Suite 501 Philadelphia, PA 19103 800-850-1079 CITIBANK,N.A. c/o Blatt, Hasenmiller, Leibsker& Moore, LLC IN THE COURT OF COMMON PLEAS 1835 Market Street, Suite 501 Philadelphia, PA 19103 CUMBERLAND COUNTY, PA Plaintiff, CIVIL ACTION VS. 12-2596 CIVIL THOMAS W MCLAUGHLIN SR 1506 CARLISLE RD CAMP HILL PA 1 701 1-7503 Defendant(s). CERTIFICATION OF SERVICE I, Morris Scott, attorney at Blatt, Hasenmiller, Leibsker and Moore, do hereby certify that I sent a true and correct copy of the PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PREJUDICE via U.S. Regular Mail, to the DEFENDANT'S ATTORNEY on 09-06-13. FIRST SOURCE LAW PO BOX 15728 SANTA ANA, CA 92735 Morris Scott, Esq. Syretta Martin, Esq. BHLM, LLC 2693824 PPTNCOSI