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Home My WebLink About05-3398BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. 701 East 60th Street North, Sioux Falls, SD Plaintiff V. MYRA A DECKMAN 2741 Lisburn Road, Camp Hill PA 17011-8009 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. U.5'. 339F Cc..J Tom, 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 Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 C-1049, C-461, C-462 8-, C-4158 BURTON NEIL & ASSOCIATES, P.C. By:Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. 701 East 60th Street North, Sioux Falls, SD Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. MYRA A DECKMAN 2741 Lisburn Road, Camp Hill PA 17011-8009 Defendant NO. 0-1)- 3 3 9 F CL14 -z- CIVIL ACTION - LAW Complaint 1. The plaintiff is Citibank (South Dakota) N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. The defendant is Myra A Deckman, who resides at 2741 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff, a national banking association, engages in various types of banking business including consumer lending through the issuance of credit cards. CountI 4. Plaintiff furnished consumer credit to the defendant by means of a credit card with account number 5424180022394669 hereinafter referred to as the credit card account. 5. Plaintiff maintained an accurate and running record of all debits and credits to the credit card account in its books of account. 6. Plaintiff mailed defendant a written statement each month which accurately stated the debits and credits to the credit card account for the prior billing period. 7. Defendant received the monthly statements from plaintiff for the credit card account including the statement attached hereto as Exhibit A statement without protest, dispute or objection. 8. Defendant in not protesting, disputing or objecting to the statements including the Exhibit A statement thereby assented and agreed to the correctness of the balance due on the credit card account so as to constitute an account stated. 9. The amount due plaintiff on the account stated, less credits, if any issued subsequent to the Exhibit A statement, is $7,146.70. Wherefore, plaintiff demands judgment against defendant on Count I for the sum of $7,146.70, and the costs of this action. Count II 10. Plaintiff furnished consumer credit to the defendant by means of a credit card with account number 5424180052223531 hereinafter referred to as the credit card account. 11. Plaintiff maintained an accurate and running record of all debits and credits to the credit card account in its books of account. 12. Plaintiff mailed defendant a written statement each month which accurately stated the debits and credits to the credit card account for the prior billing period. 13. Defendant received the monthly statements from plaintiff for the credit card account including the statement attached hereto as Exhibit B statement without protest, dispute or objection. 14. Defendant in not protesting, disputing or objecting to the statements including the Exhibit B statement thereby assented and agreed to the correctness of the balance due on the credit card account so as to constitute an account stated. 15. The amount due plaintiff on the account stated, less credits, if any issued subsequent to the Exhibit B statement, is $6,346.78. Wherefore, plaintiff demands judgment against defendant on Count II for the sum of $6,346.78, and the costs of this action. Count III 16. Plaintiff furnished consumer credit to the defendant by means of a credit card with account number 4428135552240640 hereinafter referred to as the credit card account. 17. Plaintiff maintained an accurate and running record of all debits and credits to the credit card account in its books of account. 18. Plaintiff mailed defendant a written statement each month which accurately stated the debits and credits to the credit card account for the prior billing period. 19. Defendant received the monthly statements from plaintiff for the credit card account including the statement attached hereto as Exhibit C statement without protest, dispute or objection. 20. Defendant in not protesting, disputing or objecting to the statements including the Exhibit C statement thereby assented and agreed to the correctness of the balance due on the credit card account so as to constitute an account stated. 21. The amount due plaintiff on the account stated, less credits, if any issued subsequent to the Exhibit C statement, is $10,245.80. Wherefore, plaintiff demands judgment against defendant on Count III for the sum of $10,245.80, and the costs of this action. Count IV 22. Plaintiff furnished consumer credit to the defendant by means of a credit card with account number 5410658417105705 hereinafter referred to as the credit card account. 23. Plaintiff maintained an accurate and running record of all debits and credits to the credit card account in its books of account. 24. Plaintiff mailed defendant a written statement each month which accurately stated the debits and credits to the credit card account for the prior billing period. 25. Defendant received the monthly statements from plaintiff for the credit card account including the statement attached hereto as Exhibit D statement without protest, dispute or objection. 26. Defendant in not protesting, disputing or objecting to the statements including the Exhibit D statement thereby assented and agreed to the correctness of the balance due on the credit card account so as to constitute an account stated. 27. The amount due plaintiff on the account stated, less credits, if any issued subsequent to the Exhibit D statement, is $8,750.19. Wherefore, plaintiff demands judgment against defendant on Count IV for the sum of $8,750.19, and the costs of this action. BURTON NF & ASSOCIATES, P.C. By: <. L Barfon-Neil, EsZjhiw Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. 02/02/04 $7146.70 $455.27 SITE:KC-CL TM:CO-5000 ACID:KCB7150 :vuY;isakz3; e!'seaRe E_y'tasNnv4£ss:'•. 05/21/05 16 : 52 :39 CITI CARDS P.O. BOX 8105 MYRA A DECKMAN S HACKENSACK, NJ 2741 LISBURN RD 07606-8105 CAMP HILL PA 17011-8009000 Citi Driver's Edge" Card Charter Rebates Account Number 5424 1800 2239 4669 PAYMENT MUST BE RECEIVED BY 1:00 PM LOCAL TIME ON 02)02)2004 Statement/closing Date Total Credit Line Available Credit Line 01/08/2004 $7000 $0 Amount Over Cradlt Line 5146.70 + 1/08 12/15 12/15 12/15 12/15 12/17 12/17 12/17 12/17 12/17 12/17 12/171 12/17 12/221 12/22 For Customer Service, call or write 1-800-967-8500 To repa,t MllMy mar; nae BOX 6500 to tNe amen, eaainB well SIOUX FALLS, SO nae aee«ve re,e rkht+ 57117 Cash Advance Limit Available Cash Limit New Balance $7000 $0 $7146.70 Past Due MPurmumch{Atlv Due lnl Mini mum Amount Duo 1139.00 + 1169-57 = 5455.27 Purch - DEC PAYMENT PAST DUE 35.00 0000000000 STORE 1074 LEMOYNE PA 20.00 u5 1065 70499673350 FAMIL Y PHYSI ENOLA PA 10.00 US 1226 70420363350 STORE 1074 LEMOYNE PA 5.00 US 1065 70499673352 STORE 1074 LEMOYNE PA 16.27 u5 1065 70499673352 STORE 1074 LEMOYNE PA 5.00 US 1065 70499673353 STORE 2000 MECHANICSBURG PA 14.41 US 1065 70499673353 STORE 1074 LEMOYNE PA 5.00 US 1065 70499673358 FAMIL Y PHYSI ENOLA PA 10.00 'US 1226 70420363357 STORE 2000 MECHANICSBURG PA 18.43 us 1065 70499673358 *FINANCE CHARGE*PERIODIC RATE 158.03 I 0000000000 D6W98JTM SJRLP228 57W98JTM 57W98JTM C7W98JTM K6F4HJTM 29W98JTM 12122 112/22 9K20J12B 12123 12/23 Z7F4HJTM 1/08 12124 12/24 ZNF96NRD 1/OB 1/08 Standard Adv WAYPOINT BANK d5 CAMPHILL PA 125.00 60 A601OUS 1226 75423763362 ADVANCES-FINANCE CHARGE-FOR TRANSACTIONS 5.00 86 0000 0000000000 ADVANCES-FINANCE CHARGE-PERIODIC RATE 1.54 84 0000 0000000000 * CITI DRIVER'S EDGE CHARTER MEMBER REBATES -TOTAL Last Month's Balance 34.56 Earned this Month 2.08 Redeemed/Expired 0.00 Current Balance 36.64 Citi Driver's Edge Charter Member rebates expire 3 years after they are earned. Expired rebates W111 be deducted from your rebate account. The Annual Percentage Rate on your account has been increased due to one of the following reasons stated in your Card Agreement with us: you failed to make a payment to us or any other creditor when due, you exceeded your credit line or you made a payment to us that was not honored by your EXHIBIT_ Sale Date Post Date ReWence Number Activity Since Last Statement Am nt Additionally, yyyour ability to redeem or earn Citi Driver s Edge Card rebates may have been suspended. Please call our toll-free number above to learn about special Vayment options. Call Monday through Friday 7:00 a.m. to 9:00 P.M. or Saturday 8:00 a.m. to 5:00 P.M. CST. Each Cash Advance is subject to a one-time transaction fee. This fee will cause your Annual Percentage Rate to exceed the nominal Annual Percentage Rate listed on this statement. Previous (+) Purchases (-) Payments (+) FINANCE =) New Account Summary Balance &Advances &Credits CHARGE Balance PURCHASES $6,718.02 f139.11 0.00 $158.03 $7 015.16 131 54 ADVANCES $0.00 $125.00 0.00 . $6.54 TOTAL $6,718.02 5264.11 0.00 $164.57 $7,146.70 _Days This 2"lin Period: 30 BaTce Subject to Periodic ominai ANNUAL Rate Summary Finance Charae Rate APR PERCENTAGE RATE. Purch $6,869.50 0.07668%(D) 27.990% 27.990% Adv $67.05 0.07668%(D) 27.990% 62.784% 02/11/04 $6346.78 $9999.99 SITE:KC-CL TM:CO-5000 ACID:KCB7150 - ------ - 05/19/05 19:57:51: ' v5#:dl?'k?8-> zznjtwEk4n;??z :?dRd.*-.?T-s;s. CITI CARDS P.O. BOX 8112 MYRA A DECKMAN S HACKENSACK, NJ 2741 LISBURN RD 07606-8112 CAMP HILL PA 17011-8009000 Citi" Card Account Number 5424 1800 5222 3531 PAYMENT MUST BE RECEIVED BY 1:00 PM LOCAL TIME ON 02/11/2004 Statement/Closing Date Total Credit Line Available Credit Line 01/20/2004 $5500 $0 C r L o redit a l 5846.78 + For Customer Service, call or write 1-800-866-9900 re rePan NuMr wren. •ra• BOX 6500 mWeeabeM;eeeae wi SIOUX FALLS, SO aw weeree rearm 57117 Cash Advance Limit Available Cash Limit New Balance $5500 $0 $6346.78 Pest Due Purch/Adv Minimum Amount Due Minimum Due SSO6.90 5161.78 $6346.78 Standard Purch 1120 LATE FEE - DEC PAYMENT PAST DUE 66 0000 1120 OVER CREDIT LIMIT FEE 62 0000 1/20 PURCHASES-FINANCE CHARGE-PERIODIC RATE 84 0000 35.00 0000000000 35.00 0000000000 156.78 0000000000 When you pay your bill by check, you authorize us to electronically process your Vayment. If your check is processed electronically, your checking account may be. debited on the same day we receive the check and it will not be returned with your checking account statement. If someone other than you or a bill paying service pays your bill, you must give a copy of this notice to them before the payment is sent to us. Help is available! Please call the toll-free number shown above to learn about our special payment options. Call Monday - Friday, 7 am to 9 pm, or Saturday, 8 am to 5 pm, Central Time. Please give us the opportunity to assist you. Previous +l Purchases (-) Payments (+ FINANCE (=) New Accout Summary Balance &Advances &Credits CHARGE Balance _ PURCHASES $6,120.00 $70.00 0.00 0 00 $156.78 00 50 $6,346.78 00 $0 ADVANCES TOTAL $0.00 $6,120.00 $0.00 $70.00 . 0.00 . $156.78 . $6,346.78 Rate Summary Purch $6,195.68 0.07668%(D) 27.99EX H I B 177.990% Adv $0.00 0.07668%(D) 27.990% 27':'99'E1R 02/03/04 $10245.80 $9999.99 SITE:KC-CL TM:CO-5000 ACID:RO80556 000M 94NOW AKRON 05/20/05 19:55:53: CHOICE VISA P.O. BOX 8106 MYRA A DECKMAN S HACKENSACK, NJ 2741 LISBURN RD 07606-8106 CAMP HILL PA 17011-8009000 CHOICE Account Number 4428 1355 5224 0640 PAYMENT MUST SE RECEIVED BY 1:00 PM LOCAL TIME ON 02/03/2004 Statement/Closing Date Total Credit Line Available Credit Line 01/09/2004 $9500 $0 cr:ci?um r For Customer Service, call or write 1-800-866-9900 T...Pen uwnr.men..,Me BOX 6248 ?wa .es.?eMN„N ww SIOUX FAL LS, SO enreservey Oql, 57117 Cash Advance Lin" Available Cash Limit New Balance $9500 $0 $10245.80 Perch/ACV Past Due MlniNwm Duo Minimum Amount Due + $625.11 + $236.94 = $1607.85 Pu 1/09 DEC PAYMENT PAST DUE LATE FEE 35.00 66 0000 0 70000000000 1/09 OVER CREDIT LIMIT FEE 35.00 62 0000 a 70000000 0 1/09 PURCHASES'FINANCE CHARGE-PERIODIC RATE 1.94 23 84 0000 0 70000000000 Citi Cards Savings Total points 567 e CITI CARDS SAVINGS SUMMARY ` TOTAL Previous Points Balance 567 Purchase Points Earned Last Period 0 Total Points 567 Don't forget! Your Citi Card is the card that rewards you for all of your everyday purchases. Why use a card that doesn't give something back? See our website www. citicardsavings.com or call 1-888-530-9217 for more information! Your account balance is over the credit line. In order to continue earning Citi Cards Savings points you must bring your account balance under the credit line now. If you have not already done so, please pay the Minimum Amount Due. Account Summary Previous (+) Purchases (-) Payments +) FINANCE (= New Balance & Advances & Credits CHARGE Balance PURCHASES $91943.86 $70.00 S0.00 $231.94 $10,245.80 CES 00 4 1 7 f 0.00 00 3 0 00 4 TOTAL $9 9 3.86 0.00 $ 10.00 $2 1.94 $10,2 5.80 y ,,.,+°" " ANNUAL Rate Summer Finance Charge Rate APR _QFOeCNrer.F CsTr- Purch $9,943.86 2.33250%(M) 271L" tr " 27.990% Adv $0.00 0.07668%(F) 27.990% 27.990% 02/02/04 $8750.19 $9999.99 SITE:KC-CL TM:CO-5000 ACID:KCB7150 * £ow %*Now %"%~ 05/21/05 16:52:39 C1TI CARDS P.O. BOX 8105 MYRA A DECKMAN S HACKENSACK, NJ 2741 LISBURN RD 07606-8105 CAMP HILL PA 17011-8009000 Citi Gold Card For Customer Sarvka, call or write 1-800-866-9900 Account Number Te,epM Nlaa•rr.,*, ran. BOX 6062 5410 6584 1710 5705 SIOUX FAL LS, SO PAYMENT MUST BE RECEIVED BY 1:00 PM LOCAL TIME ON 02/02/2006 out prserve vam debts. 57117 Statement/Closing Date Total Credit Line Available Credit Lim Cash Advance Limit Available Cash Limit New Balance 01/08/2004 $8000 $0 $8000 $0 $8750.19 Amount Over Credit Line Past Due Purch/Adv Minimum Due Mlnimum Amount Due $750.19 + $721.27 + $203.12 = $1674.58 Safe Date Post Date Reference Number Activity Since Last Statement Amount Standard Purch 1/08 LATE FEE - DEC PAYMENT PAST DUE 35.00 66 0000 0000000000 1/08 PURCHASES*FINANCE CHARGE*PERIODIC RATE 198.12 84 0000 0000000000 Citi Cards Savings Total points 1,441 * CITI CARDS SAVINGS SUMMARY * TOTAL Previous Points Balance 1,441 Purchase Points Earned Last Period 0 Total Points 1,441 Don't forget! Your Citi Card is the card that rewards you for all of your everyday purchases. Why use a card that doesn't give something back? See our website www.citicardsavings.com or call 1-888-530-9217 for more information! Your account is seriously past due and your credit privileges have been suspended. Please call the toll-free number shown above to learn about our special payment options. Call Monday - Friday, 7 am - 9 pm, or Saturday, 8 am - 5 pm, Central Time. Our records show home phone 717-737-5006 and business phone 000-000-0000. Please update above coupon if incorrect. Account Summary Previous (+) Purchases (-) Payments (+ FINANCE s) New Balance &Advances &Credits CHARGE Balance PURCHASES $8,517.07 $35.00 s 0.00 $198.12 $8,750.19 TOTALCES 52 02 $5 00 s $ $8,5 . . $ 10.00 $190.12 $8,7 0.19 Davs This Blllino Period: 30 Rate Summary Purch $8,612.45 0.07668%(D) 27. 0.07668%(D) 27.9 H I B IT 2'e ,? Verification I,1 Ild /? Q_ am an employee of Citicorp Credit Services, Inc., (USA) which is by contract the service provider for plaintiff CITIBANK (SOUTH DAKOTA) N.A. retained to perform services including but not primarily limited to collecting delinquent debt. I am authorized to make this verification as attorney-in-fact for plaintiff under powers of attorney from plaintiff to Citicorp Credit Services, Inc. (USA) and to me. The foregoing averments of fact in the within pleading are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to the authorities. Date: f ? Myra A Deckman 5424180022394669 500 15Y 7R-l 0 Sfi?S A*w5dl a?S31 ?M? Signature 0 .3 r-- ? o r= n ir- r-j Tj yam':-? ? JR Y C-n 7 4C" O sq CITIBANK (SOUTH DAKOTA) N.A : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. MYRA A. DECKMAN, Civil Action - Law Defendant No. 05-3398 CIVIL NOTICE TO PLEAD TO: Plaintiff, CitiBank (South Dakota) N.A. and its attorney, Burton Neil You are hereby notified to file a written response to Defendant's enclosed new matter within 20 days from service hereof or a judgment may be entered against you. KEEFER 'HOOD ALLEN & RAHAL, LLP Dated: By: -((((v??i Bradford Dorrance I.D. No. 32147 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 ATTORNEYS FOR DEFENDANT CITIBANK (SOUTH DAKOTA) N.A Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. Civil Action - Law MYRA A. DECKMAN, Defendant No. 05-3398 CIVIL ANSWER TO COMPLAINT WITH NEW MATTER 1. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the stated allegation. 2. Admitted. 3. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the stated allegation. 4-27. Admitted in part; denied in part. To the extent any allegation deviates from the terms of any contractual agreement or obligation, such allegation is denied and strict proof is demanded. Admitted that defendant has not paid all sums claimed by plaintiff; denied defendant owes plaintiff any balance based on new matter below. WHEREFORE, defendant respectfully requests that the complaint (Counts I, II, III, and IV) be dismissed with prejudice, with all costs taxed against plaintiff. NEW MATTER 28. Pursuant to the Fair Debt Collection Practices Act, defendant disputes the validity of the alleged debt and demands verification thereof. 29. Plaintiff has failed to comply with governing Pennsylvania law, including Act 6, Act 91, and/or the Fair Debt Collection Practices Act. Based on plaintiff's statutory violations, Defendant requests all relief and damages authorized by state and federal law, including invalidation of plaintiff's alleged claims, and attorneys' fees and costs. 30. Plaintiff has failed to attach any contract to the complaint and has failed to allege any contractual obligation owed by defendant. 31. Defendant defends the complaint based on such other reasons as will become apparent during discovery or at trial. defendant respectfully requests that the complaint be dismissed with prejudice, with all costs taxed 2 against plaintiff. Defendant requests such other relief as the court may deem appropriate. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: ,N13lUS By: `- l Bradford Dorrance I.D. No. 32147 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 ATTORNEYS FOR DEFENDANT 3 VERIFICATION I, the undersigned, hereby verify and state that: 1. I am counsel for defendant in the foregoing matter, and I am signing this verification in accordance with Pa. R.C.P. No. 1024(c). 2. The facts contained in the foregoing answer with new matter are true and correct to the best of my knowledge, information, and belief. 3. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: ,7'11.) /U? Bradford Dorrance CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving true and correct copies of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail. Postage Prepaid Addressed as Follows: Burton Neil, Esquire 1060 Andrew Drive Suite 170 West Chester, PA 19380 Dated s 5-1%? Bradford Dorrance r.? U? C?. "ri C ? ? T i?if. :??? 1 r-- u? '``'' -_t; T f ?Sl _.? r? '-=1 v.. ?? .._. 45 SHERIFF'S RETURN - REGULAR CASE NO: 2005-03398 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS DECKMAN MYRA A KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DECKMAN MYRA A DEFENDANT the , at 1942:00 HOURS, on the 6th day of July , 2005 at 2741 LISBURN ROAD CAMP HILL, PA 17011 MYRA DECKMAN by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18,00 Service 11,20 Postage .37 Surcharge 10,00 .00 39.57 Sworn and Subscribed to before me this /2 day of am A.D. 1 Prothonotary So Answers: R. Thomas Kline 07/07/2005 BURTON NEIL By: BURTON NEIL & ASSOCIATES, P.C. Yale D. Weinstein, Esquire, Id. no. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. Plaintiff V. MYRA A. DECKMAN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3398 CIVIL CIVIL ACTION - LAW PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER 28. Denied. The allegation fails to set forth any facts to which a responsive pleading is required. Pursuant to Pa R.C.P. 1029(d) no responsive pleading is required and the averment is deemed denied. 29. Denied. The allegation fails to set forth any facts to which a responsive pleading is required. Pursuant to Pa R.C.P. 1029(d) no responsive pleading is required and the averment is deemed denied. 30. Denied. The allegation fails to set forth any facts to which a responsive pleading is required. Pursuant to Pa R.C.P. 1029(d) no responsive pleading is required and the averment is deemed denied. 31. Denied. The allegation fails to set forth any facts to which a responsive pleading is required. Pursuant to Pa R.C.P. 1029(d) no responsive pleading is required and the averment is deemed denied. WHEREFORE Plaintiff moves the Court to enter judgment against Myra A. Deckman as per Plaintiff's Complaint. ASSOCIATES, P.C. BY, D. Weinstein, Esquire new for Plaintiff In making this communication, we advise that our firm iM debt collector. •' - .,., ...ea rem o155U56180 BE Verification I, Sherri Smith, am a litigation assistant for Citibank (South Dakota), N.A_ and Citicorp Credit Services, Inc_, wholly owned subsidiaries of Citigroup, the within Plaintiff in this action- I verify that the statements of fact made in the foregoing pleading are true and correct to the best of my knowledge and belief. The undersigned understands that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to the authorities. '--q - `a-1, - b -S-, Date Z002/002 Sherri Smith Myra A. Deckman 4428135552240640 5410658417105705 5424180022394669 5424180052223531 BURTON NEIL & ASSOCIATES, P.C. Yale D. Weinstein, Esquire, Id. no. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3398 CIVIL MYRA A. DECKMAN Defendant CIVIL ACTION - LAW Certificate of Service Yale D. Weinstein, Esquire, being duly sworn according to law, deposes and says that he is attorney for plaintiff Citibank (South Dakota) N.A., that he served a true and correct copy of the Plaintiff's Reply to New Matter on defendant's counsel of record, Brad Dorrance, Esquire, by first class mail, postage pre-paid on the date Dated: I (,<- - In making this communication, we advise that this office is a debt collector. 11 . BURTON NEIL & ASSOCIATES, P.C. Burton Neil, Esquire, Id. no. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. MYRA A. DECKMAN Defendant IN THE COURT OF COMMON PLEAS NO. 05-3398 Civil CIVIL ACTION - LAW Motion of Plaintiff for Judgment on the Pleadings Now comes plaintiff Citibank (South Dakota) N.A. by its undersigned attorneys, and moves this Honorable Court pursuant to Rule 1034 of the Pennsylvania Rules of Civil Procedure, for judgment on the pleadings and in support thereof states: 1. Plaintiff filed a four-count complaint for the balances due on four credit cards it issued to defendant. 2. Defendant filed an answer to the complaint with new matter. 3. Plaintiff filed a reply to new matter. 4. The pleadings are closed. 5. There are neither factual nor legal issues before the Court creating a need for trial. Therefore, plaintiff is entitled to judgment as a matter of law. Wherefore, plaintiff Citibank (South Dakota) N.A. moves this Honorable Court for judgment on the pleadings. BURTON NEIL.? -ASSOCIATES, P.C. BY: Burton Neil,`2nire Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. BURTON NEIL & ASSOCIATES, P.C. Burton Neil, Esquire, Id. no. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attornefor Plaintiff CITIBANK (SOUTH DAKOTA) N.A. Plaintiff V. MYRA A. DECKMAN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3398 Civil CIVIL ACTION - LAW Certificate of Service Burton Neil, Esquire, being duly swom according to law, deposes and says that he is attorney for plaintiff Citibank (South Dakota) N.A., that he served a true and correct copy of plaintiff s Motion for Judgment on the Pleadings, supporting Memorandum of Law, Request to Submit on Briefs and proposed Order on defendant's attorney, Bradford Dorrance, Esquire by first class U.S. Mail, postage prepaid on the date sefbAh4%4@w, Dated: 1 J G Burton Neil, Esquire In making this communication, we advise our firm is a debt collector. r-? C,? `n f? c'? ? ? ' J ? ? ??.. i't? ?.. (, } p i ? . 't1 J- r:; .. L? PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CITIBANK (SOUTH DAKOTA) N.A. Plaintiff VS. MYRA A DECKMAN Defendant NO. 05-3398 Civil 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Judgment on the Pleadings 2. Identify counsel who will argue case: (a) for plaintiff: Yale D. Weinstein, Esquire c/o Burton Neil & Associates, P.C. address: 1060 Andrew Drive, Suite 170, West Chester, PA 19380 b) for defendant: Bradford Dorrance, Esquire address: 210 Walnut St., PO Box 11963 Harrisburg, PA 17108 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 12, 2006 A Yale p. Weinstein, Esquire Attev for the Plaintiff The law firm of Burton Neil & Associates is a debt f BURTON NEIL & ASSOCIATES, P.C. By: Yale D. Weinstein, Esquire Identification No. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 ATTORNEY FOR: Plaintiff CITIBANK (SOUTH DAKOTA) N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. MYRA A DECKMAN Certificate of Service I, Yale D. Weinstein, Esquire do hereby certify that I served a true and correct copy of the within Praecipe to List on defendant's attorney, Bradford Dorrance, Esquire, at his/her address of record via first class mail, postage prepaid on the date set forth below. BUR Date: BY: & ASSOCIATES, P.C. Yfe D. Weiff-sfein, Esquire Aftornev for Plaintiff The law firm of Burton Neil & Associates is a debt collector. NO. 05-3398 Civil Defendant : CIVIL ACTION - LAW C-461 CS ^? -- o° --- ?, r7 -?? ??. ?-: ? _.._ .-. ..__. c?-s ? ' - -? _-; ?; _? ?-. ? _? .. ?i > "- "? c^ --< 22 Citibank (South Dakota) N.A : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Myra A. Deckman : NO. 05-3398 CIVIL TERM ORDER OF COURT AND NOW, July 12, 2006, by agreement of counsel, the above-captioned matter is continued from the July 12, 2006 Argument Court list. Counsel is directed to relist the case when ready. By the Court, Ed . Bayley, J. ale D. Weinstein, Esquire For the Plaintiff vlfradford Dorrance, Esquire , For the Defendant Court Administrator b lkd of"0 ? 15. ?ep,P 9?' PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ---------------------------------------------------------------------- CITIBANK (SOUTH DAKOTA) N.A. Plaintiff VS. MYRA A DECKMAN Defendant NO. 05-3398 Civil 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Judgment on the Pleadings 2. Identify counsel who will argue case: (a) for plaintiff: Yale D. Weinstein, Esquire c/o Burton Neil & Associates, P.C. address: 1060 Andrew Drive, Suite 170, West Chester, PA 19380 b) for defendant: Bradford Dorrance, Esquire address: 210 Walnut St., P.O. Box 11963 Harrisburg, PA 17108 3. I will notify all parties in writing within two days th t this case has been listed for argument. 4. Argument Court Date: October 25, 200 "t Yale Weinstein, Esquire Atto y for the Plaintiff The law firm of Burton Neil & Associates is a debt collector. . I . BURTON NEIL & ASSOCIATES, P.C. By: Yale D. Weinstein, Esquire Identification No. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 ATTORNEY FOR: Plaintiff CITIBANK (SOUTH DAKOTA) N.A. Plaintiff VS. MYRA A DECKMAN Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-3398 Civil : CIVIL ACTION - LAW Certificate of Service I, Yale D. Weinstein, Esquire, do hereby certify that I served a true and correct copy of the within Praecipe for Listing Case for Argument on defendant's counsel, Bradford Dorrance, Esquire, at his address of record via first class mail, postage prepaid on the date set forth below. BURTO IL ASSOCIATES, P.C. Date: BY: Yal tein, Esquire A rnev for Plaintiff The law firm of Burton Neil & Associates is a debt C-461 I Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3398 Civil MYRA A DECKMAN Defendant : CIVIL ACTION - LAW Praecipe to Discontinue To the Prothonotary: Kindly discontinue the above-captioned action witl dut prej Neil M Aa's6ciates. P.C. YaWD. Weihstein, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-461 - p4o rf? - ? ?r --1 r