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Home My WebLink About14-7046 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: Cumberland County c.. 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 pleadings or other papers 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: JEREMY LEE MILLER C CITIBANK,N.A. T Are mons damages nested. y ❑No Dollar Amount Requested: ® within arbitration limits y g ? ® (Check one) ❑ outside arbitration limits 0 N Is this a Class Action Snit? ❑ Yes ® No Is this an MDJ Appeal? ❑Yes ® No ,A Name of Plaintiff/Appellant's Attorney: SYretta Martin, Frank Janello, Beth Arnold Howell, Kami S. Miller, Christoph r Titus ❑ 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) CONTRACT/do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution 29 Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation S ❑ Premises Liability ❑ Statutory Appeal: Other E ❑ Product Liability (does not include ❑Employment Dispute: mass tort) C ❑ Slander/Libel/Defamation Discrimination T ❑ Other: ❑Employment Dispute: Other ❑ Zoning Board I ❑ Other: O N ❑ 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 ❑ Declaratory 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 I11/20_ 2960730 PPTXCPRI(07/18/2014) 111111111111111111111111 II(111111111111111 IIIA IIIA 11111 IIIA 1111111 II ILII Syretta Martin, Esq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 1-IL E D OFFjCr: Beth Arnold Howell, Esq. PA Bar #203606 CF T1" it CI jN, r Kami S. Miller, Esq. PA Bar #78590 NO {tkj-y Christopher Alan Titus, Esq. PA Bar #3157461I DEC —J Blatt, Hasenmiller, Leibsker & Moore, LLC P�l !: 06 1835 Market Street, Suite 501 C:. �L-P\' t ,.� C0`1'IjY Philadelphia, PA 19103 TELE: 215-564-1567 S Y!_VLNjA FAX: 215-564-3818 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 �� I - VS. No. ,�--JO((-1 6 LVt JEREMY LEE MILLER 5400 OXFORD DR UNIT B MECHANICSBURG PA 17055-5462 Defendant. 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 800-990-9108 l.J"" A 2960730 -au PPTCPADI (07/18/2014) 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 0 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 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 800-990-9108 Syretta Martin, Esq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 Kami S. Miller, Esq. PA Bar #78590 Christopher Alan Titus, Esq. PA Bar #315746 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 TELE: 215-564-1567 FAX: 215-564-3818 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. JEREMY LEE MILLER 5400 OXFORD DR UNIT B MECHANICSBURG PA 17055-5462 Defendant. COMPLAINT Plaintiff, CITIBANK,N.A., claims as follows: 1. Defendant(s), JEREMY LEE MILLER, , is an adult individual with last known address of 5400 OXFORD DR UNIT B MECHANICSBURG PA 17055-5462 2. It is averred that Defendant(s) was indebted to CITIBANK,N.A. on 12-21-12 with account number XXXXXXXXXXXX7353 (hereafter referred to as "Account"). A copy of the Defendant(s) statement is attached hereto and collectively marked as Exhibit "A". 3. By using the Account, Defendant(s) agreed to repay any incurred balances, charges and/or cash advances made to the Account. Failure to pay Defendant(s) incurred charges on the Account is considered a default. 4. At all relevant times material hereto, Defendant(s) has used said Account for the purchase of products, goods, and/or for obtaining services. 2960730 PPTCGDCI (08/26/2014) II 111111111111111111II11111111111111111111111111111111111111111II�� 5. Defendant(s) was provided with copies of Account statements showing debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant(s). 6. Defendant(s) was in default with respect to that debt for failure to make the required payments on the Account. The last payment date on this Account was on or about 11-29-2013. 7. As of the date within the Complaint, the remaining balance due, owing and unpaid of Defendant(s) Account, as a result of Defendant(s) and/or any authorized user's of said Account is in the sum of $1657.15. 8. Despite reasonable demands for payment, Defendant(s) has refused and continues to refuse to pay all sums due and owing on the aforementioned Account, all of the damage and detriment of the Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable court enter Judgment in favor of Plaintiff and against Defendant(s) JEREMY LEE MILLER, in the amount of $1657.15, plus costs of this action and any other relief as the Court deems just and reasonable. Respectfully Submitted, Dated: Syretta Martin, Esq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 Kami S. Miller, Esq. PA Bar #78590 Christopher Alan Titus, Esq. PA Bar #315746 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 TELE: 215-564-1567 FAX: 215-564-3818 Verification I, 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. Sign ture 2960730 PPTXCITI I VIII(IIIIII II�VIII)VIII VIII VIII(IIII VIII VIII IIIIIII II IIII Account Statement P Send Notice of Billing Errors and Customer Service Inquiries to: Customer Service: FORD SERVICE CARD neoom PO Box 6403 Sioux Falls SD 57117-6403 fOr tonli FORD SERVICE Account Inquiries: 1-888.285-9500 r ' Summary of Account Activity Payment Information Previous Balance $1,582.58 New Balance $1,657.15 Payments -$0.00 Minimum Payment Due $626.00 Other Credits -$0.00 Payment Due Date August 6, 2014 Purchases 0.00 Cash Advances 0.00 Late Payment Warning:If we do not receive your minimum payment by the Fees Changed +$35.00 date listed above,you may have to pay alate fee up to$35. Interest Charged +$39.57 Minimum Payment Warning: If you make only the minimum payment each New Balance $1,657.15 period,you will pay more in interest and it will take you longer to pay off your balance.For example: Past Due Amount $534.00 Io,u tn-*e,no,b idiboln 4Will';4 ~`X y aftltle' Arid` fyou will.;"f helges tdsfng'tliis card;+ tia7ari e s o n' and-up PaY! �;a�d eaclti moratll,yod pay , staterrldhtin;apput estimated totailof Only the minimum payment 7 years $2,977 Credit Limit 0.00 $69 3 years $2'500 Available Credit 0.00 (Savings=5477) Statement Closing Date 07/10/2014 R you would like information about credit counseling services,call 1-877-337-8188. Next Statement Closing Date 08/10/2014 Days in Billing Cycle 31 TRANSACTIONS Trans Date Description Reference A Amount FEES $ 35.00 07/06 LATE FEE TOTAL FEES FOR THIS PERIOD $ 35.00 INTEREST CHARGED 07/10 INTEREST CHARGE ON PURCHASES $ 39.57 39.57 TOTAL INTEREST FOR THIS PERIOD $ 8EO5 PLEASE SEE IMPORTANT INFORMATION ON PAGES 2 AND 4. Page 1 of 4 This Account is Issued by Citibank,N.A. i Please detach and return lower portion with our a ment to Insure pro _r credit_Retain u r rtion for your records__ _______________. ------------------------------------------------ --e-Y------------ _P> ------- Your Account Number is 7353 VIII I II II ILII()III I II IIII III I II I IIII I VIII { FORD dSMVICE Payment Due Date August 6,2014 SAVE STAMPS,TIME... New Balance $1,657.15 PO BOX 790394 AND TREES! Past Due Amountt $534.00 ST.LOUIS,MO 63179 Register now for Paperless Statements Minimum Payment Due $626.00 and more at Statement Enclosed fordservicecard.accountonline.com tPast Due Amount is included in the Minimum Payment Due. Please print address changes on the reverse side. Make Checks Payable tow FORD SERVICE CARD JEREMY LEE MILLER PO BOX 183015 5400 OXFORD DR UNIT B COLUMBUS,OH 43218-3015 MECHANICSBURG,PA 17055-5462 7353 Information About Your Account. Proper Form.For a payment sent by mail or courier to be in proper form, How to Avoid Paying Interest on Purchases.Your payment due date is at you must: least 25 days after the close of each billing cycle.We will not charge you any Enclose a valid check or money order.No cash,gift cards, interest on purchases if you pay your New Balance by the payment due date or foreign currency please. each month.This is called a grace period on purchases.If you do not pay the Include your name and the last four digits of your account number. New Balance in full by the payment due date,you will not get a grace period Payment Pa Other Than B Mail. on purchases until you pay the New Balance in full for two billing cycles in a y y row.We will begin charging interest on cash advances(if available on your In-store(Where Available).Any payment in proper form accepted account)on the transaction date. in-store will be credited as of that day.However,credit availability may be subject to verification of funds.Not all stores accept payments. If you have a balance subject to a deferred interest or 0%APR promotion Contact your local store to see if in-store payments are accepted at and that promotion does not expire before the payment due date,that balance(the"excluded promotional balance")is excluded from the amount that location. you must pay in full to get a grace period.However,you must still pay any Online.Go to the URL on Page 7 of your statement to make a payment. separately required payment on the excluded promotional balance.in billing For security reasons,you may not be able to pay your entire New Balance cycles in which payments are allocated to deferred interest balances first, the first time you make a payment online.The payment cutoff time for the deferred interest balance will be reduced before any other balance on Online Bill Payments is midnight Eastern time.This means that we will the account.However,you will continue to get a grace period on purchases credit your account as of the calendar day,based on Eastern time,that so long as you pay the New Balance less any excluded promotional balances we receive your payment request. in full bythe payment due date each billing cycle.We may refer to deferred AutoPay.Sign up at Account Online to have your payment amount interest promotions as No Interest or No Monthly Interest promotions. automatically deducted each month from the account you choose. In addition,certain promotional offers may take away the grace period on Your card account will be credited on the due date with that amount. purchases.Other promotional offers not described above may also allow Phone.Call the phone number on Page 1 of your statement to make you to have a grace period on purchases without having to pay all or a a payment.We may process your payment electronically after we portion of the promotional balance by the payment due date.If either is verify your identity.The payment cutoff time for Phone Payments is the case,the promotional offer will describe what happens. midnight Eastern time.This means that we will credit your account How We Calculate Your Balance Subject to Interest Rate.For each as of the calendar day,based on Eastern time,that we receive your balance,the letter following the Annual Percentage Rate in the Interest payment request. Charge Calculation section on the front of the statement indicates the Express Mail.Send payment by courier or express mail to:Payments method we use to calculate interest charges.For Methods B and E,we Department,1500 Boltonfieid Street,Columbus,OH 43228.Payment use an average daily balance method(including current transactions)to must be received in proper form at the proper address by 5 p.m.Eastern calculate interest charges.For Methods C,D and M,we use a daily balance time to be credited as of that day.All payments received in proper form method(including current transactions)to calculate interest charges. at the proper address after that time will be credited as of the next day. To find out more information about the balance computation method If you send an eligible check with this payment coupon,you authorize that applies to your account and how the resulting interest charges were us to complete your payment by electronic debit.If we do,the checking determined,contact us at the Account Inquiries number on the front. account will be debited in the amount on the check.We may do this as Other Account and Payment Information. soon as the day we receive the check.Also,the check will be destroyed. Payment Amount.You may pay all or part of your account balance at any time.However,you must pay,by the payment due date,at least the minimum payment due. When Your Payment Will Be Credited.If we receive your payment in proper form at our processing facility by 5 p.m.local time there,it will be credited as of that day.A payment received there in proper form after that time will be credited as of the next day.Allow 5 to 7 days for payments by regular mail to reach us.There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or is not sent to the correct address.The correct address for regular mail is the address on the front of the payment coupon.The correct address for courier or express mail is the Express Mail Address shown in the Express Mail section. PLEASE SEE IMPORTANT INFORMATION ON PAGE 4 RPLG-2 APR13 Page 2 of 4 Change of Address Please print address changes in blue or black ink. Account: *"'** **** **** 7353 611 M .,L �, I� 01. t NOW Total Fees Charged in 2014 $245.00 Total Interest Charged in 2014 $235.32 INTEREST CHARGE CALCULATION Your Annual Percentage Rate(APR)is the annual interest rate on your account. T '�� a �� • ��+�� d7111t1�t`P.'+��er►' e#��t�{illl'�,R�� - I�(a�I `'Stlll�es�C1�► tet'8��,�et�;fi"c�iinit+ s� h ;9a�,.� PURCHASES REGULAR 28.W/6(MV) $1,607.22 $39.57 V =Variable Rate Page 3 of 4 Credit Reporting Disputes.If you think we reported inaccurate After we finish our Investigation,one of two things will happen: information to a credit bureau write us at the Customer Service address If we made a mistake:You will not have to nay the amount in question shown on Page 1. or any interest 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. 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 If 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 not pay the address for billing errors and customer service inquiries shown on amount we think you owe. Pagel of 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. If 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 bill, 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 we 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 you think is wrong. with your credit card,and you have tried in good faith to correct the You must notify us of any potential errors in writing.You may call us, problem 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 amount due on the purchase. you may Have to pay the arnount in question. To use this right,all of the following 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 fetter,we must do two things: miles of your current mailing address,and the purchase price must have been more than$50.(Note:Neither of these are necessary if 1. Within 30 days of receiving your letter,we must tell you thatyourpurcwas we received your letter.We will also tell you if we have already f we own the company that sold you the goods or you,or services.) corrected the error. 2.You must have used your credit card for the purchase.Purchases 2.Within 90 days of receiving your letter,we must either correct made with cash advances from an ATM or with a check that accesses the error or explain to you why we believe the bill is correct. your credit card account do not qualify. 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, it 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 writing at the address for billing errors and • The charge in question may remain on your statement, customer service inquiries shown on Page 1 of your statement. and we 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 owe an amount and you do not • We can apply any unpaid amount against your credit limit. pay,we may report you as delinquent. T0315&E09194-0603-1000-E-34-X-12/01/12-52.000-P--0-Y--7-0-0-0--01/11/14-FLi8-Juneg,2014.0.0 N-- PLEASE SEE IMPORTANT INFORMATION ON PAGE 2 RPLG-4 APA13 Page 4 of 4 Syretta Martin, Esq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 Kami S. Miller, Esq. PA Bar #78590 Christopher Alan Titus, Esq. PA Bar #315746 ` Blatt, Hasenmiller, Leibsker & Moore, LLC a 1835 Market Street, Suite 501 x Philadelphia, PA 19103 TELE: 215-564-1567 ° �� 4•; �s��W FAX: 215-564-3818 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 Ol, I ,� ,V t _r) _1 lY JEREMY LEE MILLER vs. No. 1 l _ 5400 OXFORD DR UNIT B MECHANICSBURG PA 17055-5462 Defendant. PRAECIPE TO ENTER APPEARAN E 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: Al d —N By: Syretta Martin, Esq. PA Bar #309370 Frank Janello, Esq. PA Bar #315643 Beth Arnold Howell, Esq. PA Bar #203606 Kami S. Miller, Esq. PA Bar #78590 Christopher Alan Titus, Esq. PA Bar #315746 Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 TELE: 215-564-1567 FAX: 215-564-3818 PPTXPEAI (07/18/2014) 2960730 Attorneys For Plaintiff 1111111111111 IN 111111 111111111111111111111111111111111111111111111 111111 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ti ?Ll�r OFFICE OF THE SI RIFF r � DEC 19 Ri : 23 C.UMPFNN5`fLVASIF� Citibank, N.A. vs. Jeremy L Miller Case Number 2014-7046 SHERIFF'S RETURN OF SERVICE 12/11/2014 05:05 PM - Deputy Jamie DiMartile, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Nikki Miller, wife, who accepted as "Adult Person in Charge" for Jeremy L Miller at 5400 Oxford Drive, Unit B, Lower Allen Township, Mechanicsburg, PA 17055. JA DIMARTILE, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, December 12, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoff, nc Jeremy Lee Miller 54CO o 4ofd Dri /nuc 113 k 1 '1.o SS (Address) --)11-91(0-1./.3-(o IFS (Phone) i.e7Z=t-. E V ReCeived - 2. 2015 �,► .id County Ctridrericu �_ & outki CITIBANK N.A. Plaintiff, vs. JEREMY LEE MILLER Defendant(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. 14-7046 Civil DEFENDANT JEREMY LEE MILLER'S ANSWER TO PLAINTIFF'S COMPLAINT Defendant, Jeremy Lee Miller, answers the Complaint filed by Plaintiff, Citibank N.A., as follows: 1. Defendant admits Paragraph 1 of the Complaint. 2. By specifically denying the entire allegations contained in Paragraph 2 to 6 of the Complaint, Defendant submits that Defendant never opened the alleged credit account having number ending in 7353 with Plaintiff. Defendant never made purchases and charges and/or cash advances to the account as alleged. Defendant does not owe Plaintiff as alleged. Defendant never made payments on the alleged account. Hence, the question of Default does not arise at all as alleged. Plaintiff has failed to submit the copies of account opening form duly signed by Defendant, account agreement executed between Defendant and Plaintiff, invoices, bills, receipts and such other valid documentary evidence to prove the entire allegations contained in Paragraph 2 to 6 of the Complaint. Further, Defendant challenges the veracity of Exhibit "A" attached with the Complaint. 3. By specifically denying the entire allegations contained in Paragraph 7 and 8 of the Complaint, Defendant submits that Defendant does not owe Plaintiff for $1657.15 as alleged. Defendant never received demand from Plaintiff as alleged. Defendant never opened the alleged account with Plaintiff. Plaintiff has failed to submit the copies of account opening form duly signed by Defendant, account agreement executed between Defendant and Plaintiff, proof of service of demand for payment delivered to Defendant, statements of account, receipts for payment made by Defendant, bills, invoices and such other valid documentary evidence to prove its allegations. In No. 14-7046 Civil Jeremy Lee Miller - Answer Page 1 of 5 this regard, in the case of Citibank South Dakota v. Whiteley, Missouri Court of Appeals, Southern District, Division Two, 2004 (Exhibit 'A') it has been stated as follows: "To recover on a suit on account, a Plaintiff must show an offer, an acceptance, and consideration between the parties as well as the correctness of the account and the reasonableness of the charges." It further states as follows: "Such evidence consists of proof that: I) Defendant requested Plaintiff to furnish merchandise or services; 2) Plaintiff accepted the offer of the Defendant by furnishing such merchandise or services; and 3) the charges were reasonable". So, the burden of proof is on Plaintiff to submit valid documentary evidence to prove the entire allegations. 4. Plaintiff prays for judgment in favor of Plaintiff and against Defendant(s) JEREMY LEE MILLER, in the amount of $1657.15, plus costs of this action and any other relief as the Court deems just and reasonable. Plaintiff fails to establish its prayer by providing legally sufficient supporting documents. Therefore, this court may kindly deny Plaintiff's prayer. GENERAL DENIAL 5. Defendant specifically denies each and every allegation contained in the Complaint and Affidavit not specifically heretofore admitted, denied, or otherwise controverted. FIRST AFFIRMATIVE DEFENSE 6. The service of process was insufficient/improper. SECOND AFFIRMATIVE DEFENSE 7. Plaintiff has failed to state a claim against Defendant for which a relief can be granted. THIRD AFFIRMATIVE DEFENSE 8. Plaintiff has failed to satisfy all requirements and conditions precedent to the institution of this action. FOURTH AFFIRMATIVE DEFENSE 9. Defendant never agreed to pay any amount to Plaintiff as per any agreement. No. 14-7046 Civil Jeremy Lee Miller - Answer Page 2 of 5 FIFTH AFFIRMATIVE DEFENSE 10. Defendant invokes the Doctrine of Unclean Hands as Defendant alleges that Plaintiff acted in a dishonest, misleading or fraudulent manner with respect to the disputes at issue in this case. SIXTH AFFIRMATIVE DEFENSE 11. Plaintiff and Plaintiff' s attorneys and agents with the consent of Plaintiff, have violated the Fair Debt Collection Practices Act (FDCPA) by, among other things, improperly and wrongfully contacting/harassing Defendant and not properly validating the debt allegedly due. SEVENTH AFFIRMATIVE DEFENSE 12. A violation of the FDCPA is, among other things, a denial of the due process rights guaranteed to Defendant. EIGHTH AFFIRMATIVE DEFENSE 13. Defendant reserves the right to add additional affirmative defenses as discovery progresses. 14. Responses to requests for production of documents should be delivered to the address of the Defendant(s) as stated in this answer or as on file with the court in this matter. WHEREFORE, Defendant respectfully submits to the Court as under: 1. Plaintiff's Complaint should be rejected. 2. Necessary costs should be awarded to the Defendant. 3. Such other relief be granted to the Defendant as to this Honorable Court seems just. Date: December , 2014. No. 14-7046 Civil Signature of Defendan my Lee Miller Jeremy Lee Miller - Answer Page 3 of 5 VERIFICATION Defendant does hereby verify subject to the penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities that the answer provided above are true and correct to the best of Defendant's knowledge, information and belief. Date: December , 2014. No. 14-7046 Civil Signature of Defenda • Jere r y Lee Miller Jeremy Lee Miller - Answer Page 4 of 5 CERTIFICATE OF SERVICE A copy of this Answer was served upon Plaintiff's attorney at the following address: Beth Arnold Howell Blatt, Hasenmiller, Leibsker & Moore LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 By ordinary U. S. Mail, this ?"l day of December, 2014. No. 14-7046 Civil Jeremy Lee Miller - Answer Page 5 of 5 Exhibit 'A' CITIBANK SOUTH DAKOTA v. WHITELEY CITIBANK (SOUTH DAKOTA) N.A., A Bank Corporation, Plaintiff -Respondent, v. Danny H. WHITELEY, Defendant -Appellant. No. 25925. -- November 23, 2004 Daniel T. Moore, Moore & Walsh, L.L.P., Poplar Bluff, for appellant.Mayer S. Klein, Michael J. Payne, Frankel, Rubin, Bond, Dubin, Siegel & Klein, P.C., St. Louis, for respondent. Citibank (South Dakota) N.A., (plaintiff) brought a suit on account against Danny H. Whiteley (defendant). The case was heard by the trial court without a jury. Judgment was entered for plaintiff in the amount of $4,218.58 principal, interest in the amount of $728.14, and costs. Defendant appeals. This court reverses and remands with directions. Plaintiffs petition alleged defendant was "indebted to it on account of goods, services and/or merchandise provided by Plaintiff at Defendant's instance and request"; that "*t+he charges for said goods, services and/or merchandise provided by Plaintiff to Defendant *were+ reasonable." Plaintiff alleged that payment was demanded but had been refused.1 Plaintiff called an employee, Paula Sullinger, as a witness. Ms. Sullinger stated she was "a manager in the recovery unit" located in Kansas City. Ms. Sullinger identified plaintiff as a banking corporation authorized to do business in Missouri. Ms. Sullinger testified, over the objection of defendant, that although there was no documentation of a credit card account, she had knowledge that defendant maintained a credit card account with plaintiff. She testified, over the objection of defendant, that an account maintained by plaintiff revealed a balance owed by defendant. Ms. Sullinger explained, again over defendant's objection, that charges were posted to accounts based upon notification by merchants of charges made by a cardholder; that any documentation for a charge belonged to the merchant and was not maintained by plaintiff. Ms. Sullinger was asked whether she had knowledge about what goods were purchased by defendant for which charges were made to the account plaintiff sought to collect. She had no knowledge concerning what defendant would have purchased from a particular merchant. Ms. Sullinger had no knowledge whether charges were fair and reasonable. No other evidence was offered on the question of reasonableness of charges. Ms. Sullinger was asked the following questions and gave the following answers about the nature of plaintiffs business. Q. My question is, you, being Citibank of South Dakota, didn't provide any merchandise, did you? A. No. Q. You didn't provide any goods to the defendant, did you? A. No, just a service. Q. And you didn't come out and perform any services for the defendant and charge him for that, did you? A. No, just paid the merchants for him. Defendant asserts one point on appeal. He argues the trial court erred in granting judgment for plaintiff on its suit on account "because there was no evidence to support the judgment in that *plaintiff] failed to prove that *defendant+ received any goods, services or merchandise provided by *plaintiff+." Defendant contends further that there was no evidence that anything plaintiff claims defendant received was reasonable in cost. Defendant further asserts that any theory of recovery plaintiff may assert, other than the suit on account it pleaded, would constitute a variance to which plaintiff timely objected at trial. "A suit on open account means a suit in contract for each purchase transaction." Medicine Shoppe International, Inc. v. Mehra, 882 S.W.2d 709, 713 (Mo.App.1994). To recover on a suit on account, a plaintiff must show an offer, an acceptance, and consideration between the parties as well as the correctness of the account and the reasonableness of the charges. Welsch Furnace Co., Inc. v. Vescovo, 805 S.W.2d 727, 728 (Mo.App.1991). "Such evidence consists of proof that: 1) Defendant requested plaintiff to furnish merchandise or services; 2) plaintiff accepted the offer of the defendant by furnishing such merchandise or services; and 3) the charges were reasonable." Id. Even if this court were to accept plaintiffs assertion that providing credit to a credit card holder amounted to providing a service for purposes of maintaining a suit on account, an issue this court need not and does not address, the evidence was silent as to the reasonableness of any charge that was made to defendant. A party bringing a cause of action cannot prevail if one or more elements of the cause of action are not supported by substantial evidence. Vintila v. Drassen, 52 S.W.3d 28, 38 (Mo.App.2001); Mills Realty, Inc. v. Wolff, 910 S.W.2d 320, 322 (Mo.App.1995). Further, as asserted by defendant, defendant scrupulously objected throughout the trial to any evidence that was outside plaintiffs pleadings. Defendant's point is granted. The judgment is reversed. The case is remanded. The trial court is directed to enter judgment for defendant. FOOTNOTES 1. Plaintiffs attorney assured the trial court at the commencement of trial that plaintiff had no credit card agreement signed by defendant; that plaintiff was "suing on an account theory, suit on account." SHRUM and BARNEY, JJ., concur.