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HomeMy WebLinkAbout08-4444 Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. GREGORY M HUGHEY 431 West Simpson Street, Mechanicsburg PA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. di- tlwq I Tim : 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-16037 . Complaint 1. Plaintiff is CITIBANK (SOUTH DAKOTA), N.A., with place of business located at Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- gyq`f C'cL,T -72- GREGORY M HUGHEY 431 West Simpson Street, Mechanicsburg PA Defendant CIVIL ACTION - LAW 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Gregory M Hughey, who resides at 431 West Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff is a national banking association, engaged in various types of banking business including consumer lending through the issuance of credit cards. 4. Plaintiff furnished consumer credit to the defendant by means of a(n) Sears credit card with account number ending in 4801 hereinafter referred to as the credit card account. 5. Plaintiff kept accurate running records of all debits and credits to the account. 6. Plaintiff mailed to defendant monthly statements for the account including the billing statement attached hereto as Exhibit A. The monthly statements accurately stated the previous balance, the debits and credits to the account for the prior billing period. 7. Before plaintiff mailed Exhibit A, defendant had for many months made payments on account of the billing statement or retained the statement without payment. 8. Defendant's actions as set forth above constituted an account stated between parties for the sum of $2,030.60 which sum reflects the Exhibit A statement balance less credits, if any, which were applied subsequent to the date of Exhibit A. Wherefore, plaintiff demands judgment against defendant for the sum of $2,030.60, and the costs of this action. Burton Neil & Associates, P.C. By: Neil Sarker, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. 1 Sears Card" GREGORYM HUILAF:v Account Number: 4801 Page 1 of 2 Your Account Summary Billing Cycle Closing Date 04104/08 Amount Over Credit Line $0.00 Amount Past Due $395.64 Total Minimum Due $496.15 Previous Balance $1,951.09 Payments & Credits $0.00 Purchases & Debits $0.00 Other Charges $35.00 Total FINANCE CHARGES $44.51 Account Balance $2,030.60 Call us at 1-800-917-7700 Go to www.eoarscard.com Write to us at PO Box 6283 Sioux Fells, SD 57117-6283 Payment Due Date 05/02/08 Spring is about fresh starts. So let us help you take a new look at bringing your account current This spring is a good time to take care of your past due amount and make a new beginning on your account And the good news is, you don't have to do it alone. We're here to help with payment programs and solutions for you to consider. We'll listen to your concerns and suggest ways you can make a clean sweep. Let us work with you - and together we can work towards finding a payment solution that could help you bring your account current and avoid future late fees. Your Credit Summary Call us today at 1-888-518-8051 so we can help you make a fresh Total Credit Line $4,600.00 start this spring. r Total Credit Available $0.00 I ?- I Activity Sale Date Post Date Description Amount 04/02/08 04/02/08 LATE PAYMENT FEE YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $1,951.09, WHICH WAS YOUR ACCOUNT BALANCE ON THE LATE FEE TRANSACTION DATE. YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST DUE IS SHOWN ABOVE. ARRANGEMENTS FOR FUTURE PAYMENTS SHOULD BE MADE IMMEDIATELY. Please follow payment instructions on reverse side. Payment must be received by 5:00 p.m. local time on Payment Due Date. Sears Card® Account Number4801 Payment Total Account Balance Due Date Minimum Due Amount Enclosed $2,030.60 05/02/08 $496.15 -) ( 0198780 ED 03 A 08095 1 788008 FXG 001 7 N 1111111111111111111111 111111111 11111 11111111111111111111111 111 GREGORY M HUGHEY 431 W SIMPSON ST MECHANICSBURG PA 17055-3763 Please make address changes on reverse side. IIIIIIIIIIIIIIIIIIIIII.1 III ILIIIIIIIIIIIIIIIIIIIIIIIIIIII Make check payable to SEARS CREDIT CARDS PO BOX 183081 COLUMBUS, OH 43218-3081 35.00 EXHIBIT k .------?- 200 5049948062344801 0203060 0049615 0000000 0319 "W" ." 4 Sears Card' GREGORYM HUGHEY Account Number: XXXX XXXX XXXX 4801 Page 2 of 2 196780 Rates *Rate Varies Average Daily Balance Balance Call us at 1-800-817-7700 Go to www.searscard.com Write to us at PO Box 6283 Sioux Fe lie, SD 57117-6283 Payment Due Date 05/02/08 sponding Periodic Rate Periodic JAL D=Day FINANCE :ENTAGERATE M=Month CHARGE SEARS REGULAR $2,030.60 $1,975.98 27.40%* .0751%(D)" $44.51 EXTERNAL REGULAR $0.00 $0.00 27.40%* .0751%(D)* $0.00 CASH ACCESS REGULAR $0.00 $0.00 27.40%* .0751%(D)* $0.00 Days in Billing Period: 30 Effective ANNUAL PERCENTAGE RATE: 27.40% Minimum FINANCE CHARGE: $0.00 Verification I, Tiena Reynolds 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 on its behalf. 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. Signature C-16037 Gregory M Hughey Account number ending in 4801 1031 CN- l SHERIFF'S RETURN - REGULAR CASE NO: 2008-04444 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS HUGHEY GREGORY M STEVE BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE HUGHEY GREGORY M the DEFENDANT at 0009:45 HOURS, on the 9th day of August , 2008 was served upon at 431 WEST SIMPSON STREET MECHANICSBURG, PA KELLEY HUGHEY 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 10.00 Affidavit .00 Surcharge 10.00 .42 Postage. ?h1?(?Q /"" ? 38.42 Sworn and Subscibed to before me this day of , by handing to WIFE OF DEFENDANT So Answers: R. Thomas Kline 08/11/2008 BURTON NEIL & ASSOCIATES By: Deputy Sheriff A.D. CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff V. GREGORY M HUGHEY 431 West Simpson Street Mechanicsburg PA 17055-3763 Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-4444 CIVIL TERM CIVIL ACTION - LAW Praecipe for Default Judgment To the Prothonotary: Please enter judgment by default for want of an answer in the above case in favor of the plaintiff and against the defendant, and assess damages as follows: Principal: TOTAL $2,030.60 $2,030.60 . Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment debtor and creditor. 2. The annexed notice of intention to file this praecipe was mailed to all parties against whom judgment is to be entered and to their record attorneys, if any, after the default occurred, and at least ten days prior to the date of the filing of this praecipe. 3. Pursuant to Section 201(b)(1)(A) of the Servicemembers Civil Relief Act of 2003 (SCRA), the defendant is not in the military service of the United States based on information received from the defendant and/or the Department of Defense website. JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN UNDER PA.R.CIV.P. 236 5 P. " Pro Prothonotary 0K-6 Burton Neil & Associates, P.C. By: Neil Sarker, Esquire Attorney for Plaintiff I.D. NO. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C-16037 CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. GREGORY M HUGHEY Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO, 08-4444 CIVIL TERM CIVIL ACTION - LAW Notice of Intention to File Praecipe for Default Judgment TO: Gregory M Hughey 431 West Simpson Street Mechanicsburg PA 17055-3763 IMPORTANT NOTICE C-16037 You are in default because you have failed to enter a written appearance personalty or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office 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 DATE OF NOTICE: September 3, 2008 In making this communication, we advise our office is a debt collector. Burton Neil & Associates, P.C. By: Neil Sarker, Esquire Attorney for Plaintiff Identification No. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Cl- Sti L n 00 00 8 Ln w `t7 _Tj t7 N N _y W Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A Plaintiff V. GREGORY M HUGHEY Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4444 CIVIL TERM CIVIL ACTION - LAW Rule of Civil Procedure NO. 236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on for,-t as a DoR Prothonotary By: i oj?C- 2, Deputy U If you have any questions concerning the above, please contact: Neil Sarker, Esquire Attorney for Parry Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610-696-2120 The law firm of Burton Neil & Associates is a debt collector.