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Home My WebLink About13-6746 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: / Cumberland County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the flling and service of leadin s or other pap as required by law or rules of court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking S E Lead Plaintiff's Name: Lead Defendant's Name: JOHN MILLER C CITIBANK, N.A. Are money damages requested? X �s N� Dollar Amount Requested: ® within arbitration limits (Check one) ❑ outside arbitration limits N Is this a Class Action Suit? ❑ Yes ® No Is this an MDJ Appeal? YQ X NE] A Name of Plaintiff /Appellant's Attorney: Morris Scott /Syretta Martin ❑ Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT tdo not include Mass Tort) CONTRACTtdo not include Judgments) CIVIL APPEALS ❑ Intentional uyer Plaintiff Administrative Agencies E3 Malicious Prosecution Debt Collection: Credit Card B[alyd of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other BEalyd of Elections ❑ Nuisance Dpt. of Transportation S ❑ Premises Liability SEt rtory Appeal: Other E ❑ Product Liability (does not include mass tort) El Employment Dispute: C ❑ Slander /Libel /Defamation Discrimination T ❑ Other: ❑ Employment Dispute: Other Zing Board O1&r: O N El Other: MASS TORT ❑ Asbestos ❑ Tobacco B ❑ Toxic Tort - DES ❑ Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Other: ❑ Eminent Domain /Condemnation D®laratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord /Tenant Dispute ❑ Non- Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partion ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1 2869806 PPTXSCPI . Blatt HssennmOler Lmibmkmr& Mnonw LLC Attorney for Plaintiff ' Morr � Scott Attorney I.D. #83587 CITIBANK, m.w. Syratta Martin Attorney I.D. #309370 n835 Market Street, Suite 501 Philadelphia, PA 19103 800-85O+1 ~, FU'6iy/V��/~''' 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 CIVIL ACTION vs. No. )3-(,T)qb Cut JOHN MILLER 52 GREENNIONT DR ENOLA PA 17025-2643 NOTICE TO DEFEND You have been sued in court. If you wish to defend against the dahno 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 tod000 the case may proceed without you and ajudgmont 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 toyou. YOU SHOULD TAKE THIS PAPER T0 YOUR LAWYER ATONCE. |F YOU DO NOT HAVE A LAWYER, GOTOOR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING ALAWYER. |F YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TOPROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT/\ REDUCED FEE ORNOFEE. LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA17O13 2869806 PPTCRAD| / ' 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 [as provisioner 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 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 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 Attorney for Plaintiff, Morris Scott CITIBANK, N.A. Syretta Martin 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. JOHN MILLER 52 GREENMONT DR ENOLA PA 17025 -2643 Defendant(s). COMPLAINT Plaintiff, CITIBANK, N.A. claims as follows: 1 . The Defendant(s), JOHN MILLER , is a resident of Cumberland County, Pennsylvania. 2. Defendant opened a credit account with Plaintiff on or about February 16, 2003. 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 Defendant 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 914242.74. 7. An account stated for the sum of 914242.74 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 or about 03 -06 -2013 . 2869806 PPTCCITI WHEREFORE, Plaintiff, requests Judgment in the amount of $14242.74, plus court costs and interest from the date of Judgment. Respectfully submitted, Morris cott, Attorn No. 83587 Syretta Martin, Attorney No. 309370 Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff, Morris Scott Attorney I.D. #83587 CITIBANK, N.A. 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. No. JOHN MILLER 52 GREENMONT DR ENOLA PA 17025 -2643 Defendant(s). AFFIDAVIT OF NON - MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: County of Cumberland: I, Morris Scott /Syretta Martin, being duly sworn according to law, depose and say I am the attorney for Plaintiff and I am authorized to make this affidavit on Plaintiff's behalf. I hereby certify that the Defendant(s) 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. See Defendant(s) Military Status Report pursuant to 50 U.S.C. App. Section 521, 525 which was obtained from the Department of Defense Manpower Data Center ( https: / /www.dmdc.osd.mil /appj /scra /). 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. BLATT, HASENMILLER, LEIBSKER & M E, LC Dated: October 7, 2013 By: Mo ' tt Syretta Martin 2869806 PPTJCAMI (06/28/2013) 11111111 VIII 1111111111 III 111111 VIII VIII VIII VIII VIII VIII 111111 III IIII Verification KATHY RIZOR , am employed by Citibank, N.A. (hereafter Citibank) which is successor in interest to 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 complaint are true and correct upon my information and belief and are made subject to the penalities of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. I Sign ture J f , 2869806 PPTXCITI 1111111111111111111111111111111111111111111111111111111111111 IIII Exhibit "A" PPTXEXAI Account Statement Send Notice of Billing Errors and Customer Service Inquiries to: Customer .Service: HOME DEPOT CREDIT SERVICES myhomedepotaccount.com PO Box 790328, St Louis MO 63179 SIGN UP FOR SA`*slli�t.� homedepot.com /s Account Inquiries: q 1- 866 - 458 -7683 A0+COUt1t Number: A5 Summary of Account Activity Payment Information Previous Balance $13,918.05 New Balance $14,242.74 Payments -$0.00 Minimum Payment Due $2,099.00 Other Credits -$0.00 Payment Due Date May 17, 2013 Purchases +$0.00 Fees Charged +$35.00 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. Interest Charged +$289.69 Minimum Payment Warning: If you make only the minimum payment each New Balance $14,242.74 period, you will pay more in interest and it will take you longer to pay off your ,631.00 balance For example $1 Past Due Amount tt�ratnafsstl4adstodw �d�cfl�orfih'_ p�f b�lanme�slltautn tsri thf� end upy +z�g an Credit Limit $0.00 Yentttrt etlttetltdtsi!f _': Available Credit $0.00 Only the minimum payment 27 years $39,411 Statement Closing Date 04/19/2013 $573 3 y ears $20,641 Next Statement Closing Date 05/21/2013 (Savings = $18,770) Days in Billinq Cycle 29 it you would like information about credit counseling services, call 1- 877 - 337 -8188. Your minimum payment due is $2,099.00. To avoid interest charges on your non - promotional (revolving) balance and any expiring promotions, pay $14,242.74 by May 17, 2013. If you pay your non - promotional balance in full every month, no additional billed interest charges will apply. Interest accrues daily from your statement closing date until we receive your payment, so please check your next statement for any additional interest you may have incurred. We may be able to temporarily reduce your monthly payment and interest charge. Our Account Resolution Specialists are available to provide assistance. Please contact us at 1- 866 - 752 -0874, visit us online at myhomedepotaccount.com or go to your local The Home Depot store. TRANSACTIONS Trans Date Description Reference # Amount FEES 04/17 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD $ 35.00 This spring is a good time to take care of your past due amount Let us work with you, and together we can find a payment solution that may help bring your account j { current and avoid future late Peas. . Call 1 -866 -518 -7151 today and our trained Account Specialists will help you explore your payment options. For our TDD line call 1- 800 - 995 -9305. A Hn 14 PLEASE SEE IMPORTANT INFORMATION ON PAGES 2 AND 4 Page 1 of 4 This Account is issued by Citibank, N.A. ............... y Please detach and return lower portion with your payment to insure proper credit. Retain upper portion for your records. Your Account Number is -0505 " P.O. Box 790393 °`++ ` St. Louis, MO 63179 Payment Due Date May 17, 2013 Ir.'r6' Thank you for making New Balance $14,242.74 at l east y Past Due Amountt $1,631.00 Minimum P a yme nt Due Minimum Payment Due $2,099.00 Statement Enclosed each month. Amount Enclosed: tPast Due Amount is included in the Minimum Payment Due Print address changes on the reverse side Make Checks Payable tow HOME DEPOT CREDIT SERVICES JOHN MILLER PO BOX 182676 52 GREENMONT DR COLUMBUS, OH 43218 -2676 ENOLA, PA 17025 -2643 03000 0209900 1424274 0030000 0505 1310 at ot�r pros: -, sing facility by 5 p,rn. local time there, it will be credited a= All p��y�rr��r of that day. A p r€- ceived there in proper farm after that tine will be credited as of the next day. Allow 5 to 7 days for payrnents by re title vtirill r - gular time r� P rnail to r;�ach us. There may b? a delay c ?f up to 5 days in crediting a made at TF payment wo receive that is not in proper form or is not sent to the correct M proper fl address. t he correct address for reqular mail is the address on the front However, c: of the payment coupon. The correct address for wurier or express mail is the Express Payments Address in the F_xpr€'s� payments, sec.tiori. PE._FASF SF F IMPORTANT INFORMATION ON PA (31R. 4 Page 2 of 4 Change of Address Print address changes in blue or black ink, SAVE STAM T IM , E*-*'Q NU Register now for Paperless Statements and more at Account: * " *" * * ** * * ** 0505 TRANSACTIONS (cont.) Trans Date Description Reference # Amount INTEREST CHARGED 04/19 INTEREST CHARGE ON PURCHASES $ 289.69 TOTAL INTEREST FOR THIS PERIOD $ 289.69 Total Fees Charged in 2013 $140.00 Total Interest Charged in 2013 $1,172.03 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. A�- t�$aCaullee ;, °. d�n�lit�lt:#�+�i:t " . pie .�P a� tom;- �.ct� int�i'e's 1Rta� „ : v • Khali'. PURCHASES Revolving Balance 25.99% M $13,860.38 $286.19 MAJOR PURCHASE PLAN 21.99% M $200.60 $3.50 Page 3 of 4 Credit Reporting Disputes. if you think we reported inaccurate After we finish our investigation, one of two things will happen: infonnatinn to a credit bureau write us at the Customer Service address I we niade a mistake: You will not have to pay the amount in question shown on Page 1. or arry intern t or other fees related to that amount. Report a Lost or Stolen Card Immediately. Call the Account Inquiries If we do not believe there was a mistake: You will have to pay the number shown on Page 1. _ = w amount in question, along with applicable interest and fees. We will What To Do If You Find A Mistake On Your Statement send you a statement of the amount you owe and the date payment It you think there is an error on your statement, write to us at the is due. we may then report you as delinquent if you do net pay the address for billing inquiries and correspondence shown on Page 1 aniount we think you owe. et your statement. if you receive our explanation but still believe your bill is wrong, You In your letter, give us the following Information: must write to us within 10 days telling us that you still refuse to pay - 1f you do so, we cannot report you as delinquent without also reporting Account information: Your name and account number. that you are questioning your bill We must tell you the name of Dollar amount: The dollar amount of the suspected error. ' anyone to whom we. reported you as delinquent, and we must let those Description of problem: If you think there is an error on your frill, organizations know when the matter has been settled between us. describe what you believe is wrong and why you believe it is a mistake. if eve do not follow all of the rules above, you do not have to pay the You must contact us: first $50 of the amount you question even if your bill is correct. Within 60 days after the error appeared on your statement. Your Rights if You Are Dissatisfied With Your Credit Card Purchases At least 3 business days before an automated payment is scheduled, If you are dissatisfied with the goods or services that you have purchased if you want to stop payment on the amount VOL, think is wrong. with your' credit card, and you have tried in good faith to correct the You must notlfy us of any potential errors in writing You may° call a s,, proble.in with the merchant, you may have the right not to pay the but if you do we are not required to investigate any potential errors and remaining aniount due on the purchase. you may have to pay the aniount ill question. To use this right, all of the tollowing must be true: What Will Happen After We Receive Your Letter 1. The purchase must have been made in your home state or within 100 When we receive your letter, we must do two things: miles of Your current mailing address, and the purchase price must 1. Within 30 days of receiving your letter, we must tell you that have been more than $50. (Note: Neither of these are necessary it your purchase was based on an advertisement we mailed to VOL], ar we received your letter. Nile will also tell you it we have already corrected the error. it we Duda the company that sold you the goods or services.) 2. Within 90 days your letter, must either correct 2. You must have used your credit card for the purchase. Purchases of re we the error d explain c you why we believe, , the bill is correct, made with cash advances from an ATM or with a check that accesses your credit card account do riot quality While we investigate whether or not there has been an error: 3. You must not yet have fully paid for the purchase. We cannot try to collect the amount in question, if all of the criteria above are met and you are still dissatisfied with the or report you as delinquent on that amount. purchase. contact us in writin the address for billing inquiries and The charge in question may remain on your statement, correspondence shown on Page 1 of your statement. grid w , may continue to charge you interest on that amount. while we investigate, the same rules apply to the disputed amount as While you do not have to pay the amount in question, discussed above. After we finish our investigation, we will tell you our you are responsible for the remainder of your balance. decision. At that point, if we think you own= art amount and you do not We can apply any unpaid amount against your credit limit. pay, we may report you as delinquent. KEY CREDIT TERMS ° NO INTEREST IF PAID IN FULL WITHIN 6 MONTHS *. $299 minimum purchase required. Minimum payments required. Interest will be charged to your account from the purchase date if the purchase balance (including premiums for optional credit insurance) is not paid in full within 6 months or if you make a late payment. "With credit approval for qualifying purchases made on The Home Depot or EXPO Design Center Consumer Credit Card, 17.99% - 26.99% APR. Mirrimum interest charge $2. See card agreement for details including APR applicabie to you. Offer is only valid for consumer accounts and is subject to change without notice. T029 1 8- 9 1 96 - 0400 - 0001- E -0 -X -- 02/01/03 -60- 113- P- B- 0-- 4 -5 -0- NOPLAY -- 03/22/13 -HF58 -March 21, 2013 -0 -0 N - -- PLEASE SFF IMPORTANT INFORMATION ON PAGE 2 1ID -4 JAN13 Page 4 of 4 Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff, Morris Scott Attorney I.D. #83587 CITIBANK, N_A_ Syretta Martin Attorney I.D. #309370 1835 Market Street, Suite 501 Philadelphia, PA 19103 215- 564 -1567 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. J �j "l �0 �V4 JOHN MILLER 52 GREENMONT DR -_ ENOLA PA 17025 -2643 -w- -- r Defendant(s). crs y PRAECIPE TO ENTER APPEARANCE CD 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 BLATT, HASENMILLER, LEIBSKER & MOORE, LLC Dated: October 7, 2013 By: Cott 4ttorney Syretta Martin Attorney 2869806 PPTXPEAI 1 11111111 IIII 111111111 VIII 11111111111111111111111111111111 IIII SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson THE I' OTN( t{ } .ii Sheriff Jody S Smith ? I3 NOV 27 AM 9: 35 Chief Deputy ', Richard W Stewart CUMBERLAND COUNTY Solicitor �� :: 'HE i-ER1F PENNSYLVANIA Citibank, N.A. vs. Case Number John Miller 2013-6746 SHERIFF'S RETURN OF SERVICE 11/20/2013 10:23 AM - Deputy Brian Grzyboski, 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: John Miller at 52 Greenmont Drive, East Pennsboro, Enola, PA 25. / a.-- - / ,4 I/-V BRIAN GRZY:•`,I1,>'UTY SHERIFF COST: $44.95 SO ANSWERS, 'ef November 21, 2013 RONR ANDERSON, SHERIFF :,u t Surc Sh rrc!.lc oscf; e-c. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIBANK, N.A. . Plaintiff CIVIL ACTION-LAW v. NO: 13-6746 Civil • PRAECIPE TO ENTER APPEARANCE JOHN MILLER • Defendant Filed on Behalf of Defendant: JOHN MILLER 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 C) rj -,.rn rrn C) cn Vic: N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIBANK, N.A. Plaintiff • CIVIL ACTION-LAW v. NO: 13-6746 Civil JOHN MILLER Defendant PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of ROBERT D. KLINGENSMITH, ESQUIRE and the law firm of HAROLD SHEPLEY &ASSOCIATES, LLC, on behalf of the Defendant, JOHN MILLER, in the above captioned matter. g9/(14 13 - 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 CITIBANK, N.A. Plaintiff CIVIL ACTION-LAW v. NO: 13-6746 Civil PRELIMINARY OBJECTIONS JOHN MILLER Defendant Filed on Behalf of Defendant: JOHN MILLER 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 C. r- rn cr) Q Y ri- '^7 t") ( - > C t_ yK� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIBANK, N.A. . Plaintiff CIVIL ACTION-LAW v. NO: 13-6746 Civil JOHN MILLER . Defendant . DEFENDANT'S PRELIMINARY OBJECTIONS PURSUANT TO PA.R.C.P. 1028 AND NOW, comes the Defendant, JOHN MILLER, 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$14,242.74. 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"employee" of the Plaintiff. 6. However, there is nothing that illustrates the signatories relationship with the Plaintiff. 7. There has been no indication in the verification that the parties lack sufficient knowledge of the matter, in fact all of the information came from the party in this case. 8. Furthermore, although Plaintiff is outside the jurisdiction of this court, there is no indication that the party to this lawsuit could not sign the verification in time to file the pleading. In fact, Defendant was never contacted to extend the time needed to file the Complaint. If such time was needed, the Defendant would have been happy to extend such time to 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 does not appear to have a charge off included. 14. The statement attached to the Complaint shows a previous balance of over$13,900 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. Plaintiff's Complaint contains eight averments in which it is impossible to determine the legal theory of the Complaint. Plaintiff has not established some semblance of a billing and payment history with the Defendant if they are suing under an Account Stated theory. 21. Furthermore, if Plaintiff is suing under a breach of contract theory, then the Plaintiff has failed to attach the writing in which it relies. 22. 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(i). 23. This lack of a writing is not sufficient under Pa.R.C.P. 1019(i). 24. 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, fjt5 du 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 CITIBANK, N.A. • Plaintiff CIVIL ACTION-LAW v. NO: 13-6746 Civil • JOHN MILLER 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 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIBANK, N.A. Plaintiff CIVIL ACTION-LAW -�- + V. NO: 13-6746 Civil cnr— ` 'tY JOHN MILLER cam- 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 1835 Market Street, Suite 501, Philadelphia, PA 19103 on Morris Scott, Esquire, of Blatt, Hasenmiller, Leibsker& Moore, LLC, the Attorney for the Plaintiff, Citibank, N.A. on December 6, 2013. I declare under penalty of perjury that this information is true. Date: December 6, 2013 1 1 L , Server's Signature Gretchen Giles —Legal Assistant Printed Name and Title Harold Shepley&Associates, LLC 209 West Patriot St. Somerset, PA 15501 Server's Address Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff 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 vs. JOHN MILLER 52 GREENMONT DR ENOLA PA 17025-2643 Plaintiff, Defendant(s). VI' ilE PROIHOrk, .., . _ 2014 JUN 16 PH 2: 1 6 CUI18ERL AND COUNT PENNS Yi ' ty/A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. 13-6746 CIVIL PRAECIPE TO WITHDRAW COMPLAINT WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly WITHDRAW the Complaint filed in the above -captioned matter, WITHOUT prejudice. 2869806 PPTJPWCI (05/12/2014) 11111111111111111111111111111111111111111111111111111111111111111111111 Respectfully submitted, By: Syretta Marti Esq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 Greg Dye, Esq. PA Bar #205316 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 TELE: 215-564-1567 FAX: 215-564-3818 Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff 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 vs. JOHN MILLER 52 GREENMONT DR ENOLA PA 17025-2643 Plaintiff, Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION 13-6746 CIVIL CERTIFICATION OF SERVICE f, do hereby certify that I sent a true and correct copy of the foregoing via U.S. Regular Mail, to the Defendant(s) at the address below. HAROLD SHEPLEY & ASSOCIATES, LLC 209 WEST PATRIOT STREET SOMERSET, PA 15501 Dated: (or (3(tcE 2869806 PPTNCOSI (05/12/2014) Syretta Marti; Esq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 Greg Dye, Esq. PA Bar #205316 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 TELE: 215-564-1567 FAX: 215-564-3818