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HomeMy WebLinkAbout13-2684 Supreme reme Court of Pennsylvania "`� P Y or`ProdionotdrV lase Onl Court of Common Pleas Docket No Civil Cover Sheet r lA �iI'v ,E CUMBERLAND County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings and other papers required by law or rules of the court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking S E Lead Plaintiffs Name: Lead Defendant's Name: C CITIBANK, N.A. PATRICK A DUCK T I O Any money damages requested ?: ® Yes ❑ No Dollar Amount Requested: ® within arbitration limits N (check one) ❑ outside arbitration limits A Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No Name of Plaintiff/Appellanfs Attorney: Brit J. Suttell, Esquire ❑ Check here if you have no attorney (are a Self - Represented [Pro Sel Litigant) E Nature of the Case Place and "1X' toEthe 1eft�of the ONI case category that most accurately describes your ;il PZI1Vf�IRX CASE Ifyou`are'malcmg more than ,one type ociauri, check the one that ` you c insider most iTnportant TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Possession ® Debt Collection: Credit Card ❑ Board of Assessment S ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections E ❑ Nuisance ❑ Depart. of Transportation C ❑ Premises Liability ❑ Statutory Appeal: Other T ❑ Product Liability (does not ❑ Employment Dispute: I include mass tort) Discrimination O ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board N ❑ Other: ❑ Other: B ❑ Other: MASS TORT ❑ Asbestos • Tobacco • Toxic Tort - DES • Toxic Tort - Implant ❑ Toxic Waste ❑ Other: REAL PROPERTY MISCELLANEOUS ❑ Ejectment ❑ Common Law /Statutory Arbitration • Eminent Domain/Condemnation ❑ Declaratory Judgment • Ground Rent ❑ Mandamus • Landlord/Tenant Dispute ❑ Non - Domestic Relations • Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: . y C"') f e— t= -. c: ► =i rnco + ^C -i7� �> CD r—=: © C -r Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 t 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610)696 -2120 Attorney for Plaintiff CITIBANK, N.A. : IN THE COURT OF COMMON PLEAS 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICK A DUCK :NO. 13 - ,I 1v8 0, 1178 Kingsley Rd Camp Hill PA 170116110 Defendant 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 S Carlisle, PA 17013 Telephone No. 717 - 249 -3166 or 800 - 990- 9108 Ia3.'15 Po C -59203 / 304 C* ( .3 1 0q $ . BURTON NEIL & ASSOCIATES, P.C. Neil Sarker, Esquire, Id. No. 203465 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. IN THE COURT OF COMMON PLEAS 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. PATRICK A DUCK 1178 Kingsley Road Camp Hill PA 17011 Defendant 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 Patrick A Duck who resides at 1178 Kingsley Road, Camp Hill, 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 3895. 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 or defendant's councel 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 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 $10,322.11 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 $10,322.11, and the costs of this action. g Bon ci e P.C B e arker, E uire y: B t J. Suttell, Esquire In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. C -59203 / 205 Account Statement_ _ Send Notice of Billing Errors and Customer Service Inquiries to: ■�rv. Customer Service: SEARS CREDIT CARDS • S V soarscard.com PC Box s283 Sioux i Falls. SD 57117 -6283 Sears Card V Account Inquiries: 1 -800- 917 -7700 Account Number ;3895: Summary of Account ActivitV Pay ment Information Previous Balance $10,061.94 New Balance $10 Payments -$0.00 Minimum Payment Due $2 Other Credits -$0.00 Payment Due Date September 24, 2012 Purchases x$0.00 Cash Advances 0.00 Late Payment Warning: If we do not receive your minimum payment by the Fees Charged +$35.00 date listed above, you may have to pay a late fee up to $35. Interest Char ed +$225.17 Minimum Payment Warning: If you make only the minimum payment each New Balance $10,322,11 period, you will pay more in interest and it will take you longer to pay off your balance. For example: Past Due Amount $2 216.31 1 .af.you'iriakeno: additional ;::::sYouwNpayoffthe_ -_'And youwiU., ctiaiges using ails card f_' -balance shown on this; _'ehd up= Paying and. :aril;eact?:'rriorith ou'.pay;; sfsteinent'iri at out =`> = esfimaied Total of: :rf Credit Limit $0.00 Only the minimum payment 23 years $25,478 Available Credit $0.00 $412 3 years $14'821 Amount Over Credit Limit 322.11 (Savings = $10,657) Statement Closing Date 08/28/2012 h you would like information about credit counseling services, call 1 877 - 337 - 9188. Next Statement Closing Date 09/27/2012 Days in Billing Cycle 32 TRANSACTIONS Trans Date Description Reference# Amount FEES 08124 LATE FEE S 35.00 TOTAL FEES FOR THIS PERIOD $ 35.00 INTEREST CHARGED 08128 INTEREST CHARGE ON PURCHASES S 225.17 TOTAL INTEREST FOR THIS PERIOD $ 225.17 SSE 19 NOTICE ::SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 of 4 This Account is Issued by Citibank, N.A. ----------------------------------------------------------------- ------------------------ - - - --- ° --- --• T Please detach this portion and return with your payment to insure proper credit. Refnin upper portion for your records. T Sears Card tPas1 Due Amount is included In the Minimum Payment Due. ;:Your AccountNutriber . Payment Due Date New Balance Past Due Amounts Minimum Payment Due Amount Enclosed SEPTEMBER 24, 2012 $10,322.11 $2,216.31 $2,580.48 $ SAVE STAMPS TIME... AND TREES! Visit Account O and register now for Online Bill Pay, � Papererless Statements and More. 3895 1032211 0258048 0027749 181 000 1 Make Checks Payable to: SEARS CREDIT CARDS PO BOX 183081 PATRICK A DUCK COLUMBUS, OH 43218 -3081 C/O HAROLD SHEPLEY & ASSOC 209 W PATRIOT ST - SOMERSET, PA 15501 -1563 Print address ohanaes aebwe in blue or black k k _ . EXHIBIT A Information About Your Account. What Will Happen After We Receive Your Letter How to Avoid Paying Interest on Purchases Your payment due date is at least When we receive your letter• we must do two things: 25 ,8ays after'the close of each billing cycle. We will not charge you any interest on 1. Within 30 clays of receiving your letter, we must tell you that we received purchases if you pay your New Balance by the payment due date each month. your letter. We will also tell you it we have already corrected the error. This is called a grace period on purchases. If you do not pay the New Balance in 2. Within 90 days of receiving your letter, we must either correct the error or full by the payment due date, you will not get a grace period on purchases until explain to you why we believe the bill is corr ect. , 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 While we investigate whether or not there has been an error: account) on the transaction date. • We cannot try to collect the amount in question, or report you as delinquent on If you have a balance subject to a deferred interest promotion and that promotion that amount. does not expire before the payment due date, that balance (the "excluded The charge in question may remain on your statement, and we may promotional balance ") is excluded from the amount you must pay in full to get a continue to charge you interest on that amount. grace period. However, you must still pay any separately required payment on the while you do not have to pay the amount in question, you are responsible excluded promotion. In billing cycles in which payments are allocated to deferred for the remainder of your balance. interest balances first. the deferred interest balance will be reduced before any We can apply any unpaid amount against your credit limit. other balance on the account. However, you will continue to get a grace period on After we finish our investigation, one of two things will happen: purchases so long as you pay the New Balance less any excluded promotional if we made a mistake: You will not have to pay the amount in question or any balances in full by the payment due date each billing cycle. - interest or other fees related to that amount. In addition, certain promotional offers may take away the grace period on if we do not believe there was a mistake: You will have to pay the amount purchases. Other promotional offers not described above may also allow you to in question, along with applicable interest and fees. We will send you a have a grace period on purchases without having to pay all or a portion o the statement of the amount you owe and the date payment is due. We may then promotional balance by the payment due date. If either is the case, the report you as delinquent if you do not pay the amount we think you owe. promotional offer will describe what happens. If you receive our explanation but still believe your bill is wrong, you must write to How we Calculate Your Balance Subject to interest Rate. We use a daily us within 10 da ys telling us that you still refuse to pay. II you do so, we cannot method ethod (including current transactions) to calculate interest charges. To report you as delinquent without also reporting that you are questioning your bill. find out more information about the balance computation method and how the we must tell you the name of anyone to whom we reported you as delinquent, and resulting interest charges were determined, contact us at the Account Inquiries we must let those organizations know when the matter has been settled between number on the front us. Balance Transfers. Balance transfer amounts are included in the "Purchases" line � in the Summary of Account Activity t (if balance transfers are available on your t we do not follow all of the rules above, you not have to pay the first $50 of he amount you question even if your bill is correct. account), Transaction Date. The Transaction Date shown on the statement is also the Sale Your Rights It You Are Dissatisfied With Your Credit Card Purchases Date. If you are dissatisfied with the goods or services that you have purchased with Credit Reporting Disputes. If you think we reported inaccurate information to a your credit Card, and you have tried in good faith to Correct the problem with the credit bureau write us at the Customer Service address shown on the front. merchant, you may have the right not to pay the remaining amount due on the purchase. Report a Lost or Stolen Card Immediately. Call the Account Inquiries number To use this right, all of the following must be true: shown on the front. 1. The purchase must have been made in your home state or within 100 What To Do H You Find A Mistake On Your Statement miles of your current mailing address, and the purchase price must have If you think there is an error on your statement, write to us at the address for been mare than $50. (Note: Neither of these are necessary if your billing inquiries and correspondence shown on the front of your statement. purchase was based on an advertisement we mailed to you. or if we own In your letter, give us the following information: the company that sold you the goods or services) 2. You must have used your credit card for the purchase. Purchases made with Account infor mation: Your name and account number. cash advances from an ATM or with a check that accesses your credit card o tar amount: The dollar amount of the suspected error. account do not qualify. D escri ption of problem: If you think there is an error on your bill, 3. You must not yet have fully paid for the purchase. describe what you believe is wrong and why you believe it is a mistake. If all of the criteria above are met and you are still dissatisfied with the purchase, You must contact us: contact us in writing at the address for billing inquiries and correspondence shown Within 60 days after the error appeared on your statement. on the front of your statement. At least 3 business days before an automated payment is scheduled, if you want While we investigate, the same rules apply to the disputed amount as discussed to stop payment on the amount you think is wrong. above. After we finish our investigation• we will tell you our decision. At that point, You must notify us of any potential errors in writing. You may call us, but it you do d we think you owe an amount and you do not pay, we may report you as delinquent. we are not required to investigate any potential errors and you may have 10 pay the amount in question. EM SMC-TGI•SCC-SCP -HIPS 07/12 To238&935t- 5000.0091 -9-E -34-X- 1 2101 /07- 92-- P- -0- Y-7-040 -- 02/2Tr12 -PKKB -duly 27,2012-0-0-V N— Important Payment Instructions. Payment Options Other Than Regular Mail. Right to Prepay Your Account. You may pay all or part of your account balance In-Store Payments (Where Available). Any payment in proper form accepted at any time However, you must pay, by the payment due date, at least the in -store will be credited as of that day. However, credit availability may be minimum payment due. subject to verification of funds. Not all stores accept payments. Contact your Crediting Payments If we receive your payment in proper form at our processing local store to see if in-store payments are accepted at that location. Online Payments. Visit the web address facility by 5 pin. local time there. it will be credited as of that day. A payment the front and sign up for online received there in proper form after that time will be credited as of the next day. payments. Enrollment may take a few da It we receive your request to make a Allow 5 to 7 days for payments by regular mail to reach us. There may be a delay an online e payment by 5 p.m. Eastern time, we will credit your payment as of of up to 5 days in crediting a payment we receive that is not in proper form or is that day. If we receive your request to make an online payment after that time, not sent to the correct address. The correct address for regular mail 1s the we will credit your payment as of the next day. For security reasons, you may be address on the front of the payment coupon. The correct address for courier or unable to pay your entire New Balance with your first online payment. express mail is the Express Payments Address shown below. AutoPay Service. If you are enrolled in this service, your payment amount will be deducted automatically each month on your due date [rem the bank account Proper Form. For a payment sent by mail or Courier to be in proper form, you must: you select. • Enclose a valid check or money order. No cash, gift cards, or foreign Pay by Phone Service. You may use this service any time to make a payment currency please. by phone. You will be charged $14.95 it a representative of ours helps expedite Include your name and account number on the front of your check or money your payment. Call by 5 pm. Eastern time to have your payment credited as of order. that day. If you call after that time, your payment will be credited as of the next If you send an eligible check with this payment coupon, you authorize us to day. We may process your payment electronically after we verify your identity. complete your payment by electronic debit. If we do, the checking account will Express Payments You can send payment by courier or express mail to the be debited in the amount on the check, We may do this as soon as the day we Express Payments Address. This address is: Payments Department, 1500 receive the check. Also, the check will be destroyed. Boltonfield Street, Columbus, OH 43228. Payment must be received in proper Fee. We charge 53 for each Copy of a billing statement that dates back 3 form at the proper address by 5 p.m. Eastern time to be credited as of that day. Copy rg q All payments received in proper term at the proper address after that time will months or more. W9 add the fee to the regular purchase balance. We waive the fee be credited as of the next day. if your request for the copy relates to a billing error or disputed purchase. Page 2 of 4 Account: * * *' ' * ** * * ** 3895 :2O:12T�tals `Yea�to;:.;Date: -' Total Fees Charged in 2012 $235.00 Total Interest Charged in 2012 $1,583.48 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) i the annual Interest rate on your account. .....:.:.... _ , n .::..,. ...,i - ° • = - ~-••<= . ,•�':•�•rAnnual_petbenta e;Rate APR : >Balairite$ub�ecttoahtei'est Rate;:;._ "_- lriterestGliarge�ii T. peof,Balance:..�:....:: •.,'.;:,, .:�.. - PUFICHASES REGULAR 25.24% D $10176.00 $225.17 = Variable Rate D = Da Page 3 of 4 Account: ` * *' * " ** * * ** 3895 Page 4 of 4 Verification I, Ashley C661" , 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. 1 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. d Signature C -59203 Patrick A Duck Account number ending 3895 1031 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson j Sheriff Jody S Smith Chief Deputy` 'i AM Richard W MBBLA? t Solicitor � � ,EF hPENNS`i L\/AN1A Citibank, N.A. Case Number vs. Patrick A Duck 2013-2684 SHERIFF'S RETURN OF SERVICE 05/24/2013 08:18 PM- Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Patrick A Duck at 1178 Kingsley Road, Lower Allen, Camp Hill, PA 17011. RYAN BURGETT, DEPU SHERIFF COST: $44.95 SO ANSWERS, May 29, 2013 RONIV R ANDERSON, SHERIFF i;:i.;>;u:-;;•,Su�e Sh^r;F`.':ei:oseft.i!?c. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITI BANK,N.A. Plaintiff CIVIL ACTION-LAW V. NO: 13-2684 Civil Term PRAECIPE TO ENTER.APPEARANCE) PATRICK A. DUCK Defendant 7-5 C3 Filed on Behalf of Defendant: PATRICK A. DUCK C�E Counsel of Record: Robert D. Klingensmith,Esquire PA I.D. #313960 HAROLD SHEPLEY &ASSOCIATES, LLC 209 West Patriot Street Somerset, PA 15501 (814)444-0500 (814) 444-0600 (fax) rklingensmithCa)shel2leylaw.coin IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITI BANK, N.A. Plaintiff CIVIL ACTION-LAW V. NO: 13-2684 Civil Term PATRICK A. DUCK Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of ROBERT D. KLINGENSMITH,ESQUIRE of the law firm of HAROLD SHEPLEY &ASSOCIATES, LLC, on behalf of the Defendant,PATRICK A. DUCK, in the above captioned matter. 711 �- ��� Date Robert D. Klingensmith, Esquire Attorney for the Defendant Harold Shepley and Associates,LLC 209 West Patriot Street Somerset, PA 15501 (814)444-0500 (814)444-0600 (fax) rklingensmith@shepleylaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITI BANK, N.A. Plaintiff CIVIL ACTION-LAW V. NO: 13-2684 Civil Term PRELIMINARY OBJECTIONS PATRICK A. DUCK t?; Defendant a L-;' N C Filed on Behalf of Defendant: -' pr) PATRICK A. DUCK z� -' Counsel of Record: Robert D. Klingensmith, Esquire PA I.D. #313960 HAROLD SHEPLEY &ASSOCIATES, LLC 209 West Patriot Street Somerset,PA 15501 (814) 444-0500 (814)444-0600 (fax) rklingensmith@shepleylaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITI BANK, N.A. Plaintiff CIVIL ACTION-LAW V. NO: 13-2684 Civil Term PATRICK A. DUCK Defendant CERTIFICATE OF SERVICE I served this Petition to Enter Appearance, Preliminary Objections and Brief in Support of Preliminary Objections by U.S. Mail, postage prepaid, at 1060 Andrew Drive, Suite 170, West Chester, PA 19380 on Brit J. Suttell, Esquire, of Burton Neil &Associates, P.C.the Attorney for the Plaintiff, Citi Bank, N.A. on June 7, 2013. I declare under penalty of perjury that this information is true. Date: June 7, 2013 Server's Signature Rachel Rhoades=Legal Assistant Printed Name and Title Harold Shepley &Associates, LLC 209 West Patriot St. Somerset, PA 15501 Server's Addre IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITI BANK, N.A. Plaintiff CIVIL ACTION-LAW V. NO: 13-2684 Civil Term PATRICK A. DUCK Defendant DEFENDANT'S PRELIMINARY OBJECTIONS PURSUANT TO PA.R.C.P. 1028 AND NOW, comes the Defendant, PATRICK A. DUCK, by and through his attorney, Robert D. Klingensmith, Esquire of Harold Shepley & Associates, LLC, and files the following Preliminary Objections to Plaintiff's Complaint: 1. Plaintiff filed a Complaint in Civil Action against Defendant demanding damages in the amount of$10,322.11. 2. Plaintiff's Complaint fails to conform to law or rule of court under Pa. R.C.P. 1028(a)(2) 3. Plaintiff's Complaint contains insufficient specificity in its pleading under Pa.R.C.P. 1028(a)(3). Count I Pa.R.C.P. 1028(a)(2) 4. Pa.R.C.P. 1024(c) requires that all pleadings setting forth allegations be verified by the pleading party. 5. In the instant case the verification attached to the complaint was signed by an "employe" with the Plaintiff. 6. The employee's name is robo signed onto the verification. 7. The verification is not dated. 8. Defendant has no means to determine the "employee's"job title or any other way link the "employee" with the Plaintiff. 9. Therefore, Plaintiff's Complaint fails to conform to law or rule of court under Pa.R.C.P. 1028(a)(2). WHEREFORE, Defendant respectfully requests that the Court order Plaintiff to file an Amended Complaint or dismiss this action with prejudice. Count II Pa.R.C.P. 1028(a)(3) 10. Pa.R.C.P. 1019 (a) requires that the material facts on which a cause of action or defense is based shall be stated in a concise and summary form. 11. Pa. R.C.P. 1019(f) requires that averments of time, place and items of special damages shall be specifically stated. 12. Plaintiff in this matter claims that the Defendant opened and used a credit account issued by Plaintiff. 13. Plaintiff has only attached to their Complaint one statement on the alleged account. This statement is from August 2012 and does not appear to have a charge off included. 14. The statement attached to the Complaint is from August 2012 and shows a previous balance of over$10,100 dollars. 15. The Complaint has failed to plead the various transactions and purchases which resulted in the alleged debt due. 16. Pursuant to Pa.R.C.P. 1019(f) Plaintiff has failed to provide information of the time and places any items were allegedly bought on the credit card. 17. By failing to include documentation of what items were purchased, when those items were bought and the amount of each purchase, Defendant is unable to ascertain the validity of the amount owed on the account. 18. Plaintiff has also failed to provide documentation of any cash advances made by Plaintiff. 19. Plaintiff has failed to provide a concise summary of the payments made by the Defendant on the alleged account as well as the date of last payment. 20. If Plaintiff's claim is for Account Stated,they have not provided any sort of semblance of a payment history with the Defendant. There is no documentation attached to show a history of billing and payment which is necessary for the theory. 21. Furthermore, Plaintiff basis its claim on an alleged agreement. 22. Plaintiff has failed to specify whether the-agreement is oral or written as required under Pa.R.C.P 1019(h) 23. Furthermore, if the contents of the pleading are based on a writing, which it appears Plaintiff is alleging that it does, then Plaintiff has failed to attach a copy of the original account agreement and all amendments to any such agreement, or provide a reason why the original agreement is and all amendments to said agreement are not accessible and set forth the substances of the writings (Pa.R.C:P. 1019(1). 24. This lack of a writing is not sufficient under Pa.R.C.P. 1019(i). 25. As a result, Plaintiff's Complaint contains insufficient specificity as required under Pa. R.C.P 1028(3). WHEREFORE, Defendant respectfully requests that the Court order Plaintiff to file an Amended Complaint or dismiss this action with prejudice. Respectfully submitted, Robert D. Klingensmith,Esquire PA I.D.#313960 Harold Shepley&Associates, LLC 209 West Patriot Street Somerset, PA 15501 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITI BANK, N.A. Plaintiff CIVIL ACTION-LAW V. NO: 13-2684 Civil Term PATRICK A. DUCK Defendant Order of Court On this day of , 2013, upon consideration of defendant(s)' preliminary objections, it is hereby ORDERED that plaintiff(s)' complaint is stricken. Plaintiff(s) is (are) granted days leave to file an amended complaint. If plaintiff(s) file(s) an amended complaint on or before the day which does not substantially address the preliminary objections of defendant(s), this court, on motion of defendant(s), will dismiss the amended complaint with prejudice. If the plaintiff(s) fail(s) to file an amended complaint within days of the date of this order, upon praecipe of defendant(s),the Prothonotary, shall dismiss the case with prejudice. BY THE COURT J. C-59203 / 324 2013 juL ENNS 4 m,t3 Burton Neil &Associates, P.C. By: Neil Sarker,Esquire ID.NO. 203465 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. : NO. 13-2684 CIVIL TERM PATRICK A DUCK Defendant : CIVIL ACTION -LAW Praecipe to Settle, End, & Discontinue To the Prothonotary: Mark the above matter Settled, Ended and Discontinued. Burton Neil & Associa .C. By: Neil Sarker, Esquire Attorney 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.