The URL can be used to link to this page

Home My WebLink About09-5535 Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 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 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. _ MATTHEW NINHAN LE NO. 0 9 5 5 3 ??- 128 N 32nd St, Camp Hill PA 17011-2919 Defendant CIVIL ACTION -LAW Complaint - Notice You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claim set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 C-24595 Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 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. MATTHEW NINHAN LE 128 N 32nd St, Camp Hill PA 17011-2919 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW Complaint 1. Plaintiff is CITIBANK (SOUTH DAKOTA), N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Matthew Ninhan Le, who resides at 128 N 32nd St, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff is a national banking association, engaged in various types of banking business including consumer lending through the issuance of credit cards. 4. Plaintiff furnished consumer credit to the defendant by means of a(n) Sears credit card with account number ending in 4754 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 $3,700.95 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 $3,700.95, and the costs of this action. Burton By: Attorney The law firm of Burton Neil & Associates, P.C. is a debt collector. Sears Gold MasterCard' Call us at 1-800-669-8488 Go to www.seameard.com Write to us at PO Box 6282 Sioux Fells, SD 57117-6282 Your Account Summa MATTHEW NINH Account Numbe 4754 Page 1 of 2 Billing Cycle Closing Date 04/14/09 Amount Over Credit Line $0.00 Amount Past Due $949.36 Current Minimum Due $56.00 Total Minimum Due $1,005.36 Previous Balance $3,700.95 Payments & Credits $0.00 Purchases & Debits $0.00 Other Charges $0.00 FINANCE CHARGES $0.00 Account Balance $3,700.95 Your Credit Summa Total Credit Line $11,800.00 Available Credit Line $0.00 Cash Access Line $2,360.00 Available Cash $0.00 YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST DUE IS SHOWN ABOVE. ARRANGEMENTS FOR FUTURE PAYMENTS SHOULD BE MADE IMMEDIATELY. Payment Due Date 05/04/09 Average Corresponding Periodic Rate Periodic Daily ANNUAL D-Day FINANCE Rates `Rate Varies Balance Balance PERCENTAGE RATE M=Month CHARGE SEARS REGULAR $244.77 $0.00 27.24%' .0747%(D)' $0.00 EXTERNAL REGULAR $3,456.18 $0.00 27.24%' .0747%(D)' $0.00 CASH ACCESS REGULAR $0.00 $0.00 27.24%' .0747%(D)' $0.00 Days in Billing Period: 32 Effective ANNUAL PERCENTAGE RATE: NIA Minimum FINANCE CH ARGE: $0.00 Please follow payment instructions on reverse side. Payment must be received by 5:00 p.m. local time on Payment Due Date. Sears Gold Cr Account Number: 754 Payment Total Account Balance Due Date Minimum Due Amount Enclosed -1 ( $3,700.95 05/04109 $1,005.36 $ 1 0000000 ID 09 09104 1 TXS503 FVO 001 7 N IIIIIIIII IIIII IIIII III IIIII IIIIIII11111IIIII II III IIIII IIIII III IIII IIIIIII III II III III IIIIIIIII III IIIII IIIIIII III IIIII III IIIII Make check payable to MATTHEW NINHAN LE SEARS CREDIT CARDS 128 N 32ND ST PO BOX 183082 CAMP HILL PA 17011-2919 COLUMBUS, OH 43218-3082 Please make address corrections above. EXHIBIT 14 100 5121071872414754 0370095 0100536 0000000 0919 linens liw About Ybur Account Grace Arbil an Poachms. You can avoid periodic finance charges; on purchims, but not on balance transfers and cash eaxae transactions (If avallable on your eccoun . This is called a grace period on purchases. You can get a grace of at [east 20 days. To do so, pay tie following amountbyfhedue beveryblllingcycle: • the Acoorart Balance, leas • any Deterred Interesttebabnces that expire after Me due date. unless you ant the dine dab fort ay bNtagrcycles In era n. Tn motion, purrcc I Otlrer pramoollonal o y lbrbakin add i lllearnidd period on Interest having to pay also all at or por? Na of tie a gram balance cpe b due without dale. If either Is the can, the promot?offerwill describe what happem. Babosi o MAW to Rum C WVL We use an average daily balance method p new tromeatlons) to calculate peftic finance lior each ballanos. These ba ffoor en?amp Wle rreegular aS?ra ppus balance transient, o?tlnriregr> External purchases, Old Balances, cash access lrarheOCtlons and different promotional balances, as applicable to your account. (Vyhen we calculate periodic finance charges, we treat each Deferred Interest transaction seoerstetv even It It has the some terms in another we in. we am any ponow mom merge on ms pavans (This resulbin hcampotmdngot roo ch rges.)We s We then subtract any new credits a payment &W lads. A credit balance is treated as a balance of balance. the Average Daily Balance Is the average of the durkq the bNNnp qde. Itc multiply this I ure far each rate and try tine number of days le the billing H is the total perlodk finance charge on Bsot talanco. camawell difference. SON Deco. The Sob Date shown on the Account Statement is also the Transaction Dab. oft moft Surmmy In Cm W Friars or Gueglora About View OIL If you thlnkyourrbit is ation wn at Me you address need tbl won We statement w roc y r tion it up "Writelto us at' Write us as soon as possible. We must hear from you no later tan 80 daye after we send you the first big on which the error or problem appeawdYou can telephone us, but doing so will not preserve your rights. In your letter, give us In following IMormaton: - Uff creme and account number. - The dollar amoud of the suspected error: - Describe the error and ath??laiit If you can, why you be(leve them is an aria. If you need mom =atlon, describe to Item you are unsure about. - Plesaesignyourletlar. You do not have to pay an amount in question while we are eatl?e?ng. But you ere efll obil d to pay the garb of your hill flat rent n tion.Whilaw's tin ate yourqueatfon,wecannotroport EE y ueu neattlo?rh the disputed m or bile any action b collect the Special! flub far Coedit Coal Pirchoses If you have a problem with the quality of goods or services flat you purchased with a credit card and you have tried in good fait? to correct the problem with the merchant, you may not he" to pay the remaining amount due on tie goods or services. You have this Kobctlon onry when the purchase price is more than $50 and the purchase is made In your home stab orwttlrin 100 miles of your mailing address. (Iwo own or operate the merchant, or if we meibd you the advertisement for the pprrooppeerH or services, all purchases are covered regardless of amount or locatlonof purchase.) Inpertoat Pamnaat Ilsbuctlaro QadMfiIll"miq.Womustmaeinyour ym entin rformstour processing faciity by 5 p.m. local tlme tlrere.ltwe do, twill bs credited as of that day. A err[ received atthe processing facNtly In proper form after that time wi be credited in of the next day. Alba 5 to 7 days for payments by regular mail to reach us. There may be a delay of up to 5 ?to the ccorre i ?r? Thwe mc@W Mot Is In e carectt for a? ? or is not payment sent by o;' pmsyalml do ANpaateydmant aside inn-eatae Is no sent to the express t mail Isstto gees Paym nbbAddddrespsasymell sent cooler or lawn baba. . Roper Fans. Fora payment sent by and or courier to be in properform, you must • Evoibm a valid check or money order. No cash, gift cards, or foreign arrem.Y plisse. • Iraluie your fame and account number on the front of your check or money Oder. If you sent on slab check wHh o to ?payr? "upon. in tMdrasldrp? ai ear¦barl?f?an?iosar-Ontri?eaMsoklM nay do *b n soon n 1st rosy wo .wWvo to drock. Abo, fro dock wM be uIOMroyod. bacfc 33mmonntths orrmmore We each add ? be to the regulars Sam ppuurt ba"Cbalance. We wane the be If your request for the copy relates to a billing error or disputed purchase. Pali asrR OpIllm Ottrar Tlaa A @*A- tM@L • Odka Payrranb? VM w Sears wcom and sign up for onlIne paint ?st b mdw can online pa ;Ont bey 5 p.m Easlam Nm mee ece(wew w N c rrodkyour payment es of the aaji. If we receive your request to make an online payment after that tlme, we will crod?ft your payment as of the next day. For sOUaHy reasons you may be urnabb t pay your entire Aoooutt Babnce with your 8rstonlns payment. • Par by Plono Samoa You may use this service any lime to make a payment by phone. You will be charged $14.95 to use this service. CsN bI(y 5 p.m. Eastern time to have your payment credhed as of that nnextday.Wem oft pwilltroni your ally otter wee verify your ktentity. • lEttisrosePaynrsataYOUcansend payrnentbycorferor expressmd to the payments Address: Payments Department, 1500 Bo[lontie Street,Cdumbus,OH43228.Payment must bereceived In proper form at to p r addressby 5 p.m. Eastem tlme to be credited ore of Met day. NI payments received in proper form at the properaddressafler tattlmewill be credited asofthe next day. NOW a Lost or fllatan Card la¦rodMaq, You may call Customer Service 24 hours a day, 7 days a week Account isawl by M" Reath Ookoh), LA. OlDFO 67 - 2 - 01AMOO Sears Gold MasterCarde MATTHEW NINHAN LE Account Number. XX)D( )XXX )0= 4754 Page 2 of 2 0 Cardmember News Call us at 1-806490-SM Go to www.see oan d oom Write to us at PO Box SM 81arm Falls, 8D 117M-OM Pt aat Due Dade 05/04/09 The Sale Date is the Transaction Date. The "Effective ANNUAL PERCENTAGE RATE' includes all transaction and periodic finance charges Imposed this bltling period on all balances on which finance charges were imposed. If the 'Effective ANNUAL PERCENTAGE RATE" Is NIA, no finance charges (after adjustments) were imposed this billing period. Finance charges may be a=ing on promotional balances and may be billed to your account under the term of the promotional offer. Re* to the comssponding APR for the APR that applies to each balance. Verification I, Carne Sandoval 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. l 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-24595 Matthew Ninhan Le Account number ending in 4754 1032 J 1 t_ - `dd.. u 5? C4e5 7 9.2 Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor FILED-OFFICE OF IK , ; T!-',OINOTAW 2009 SEP -8 AM 10: 36 PENINSYLVINA. Citibank (South Dakota) N.A. Case Number vs. Matthew Ninhan Le 2009-5535 SHERIFF'S RETURN OF SERVICE 09/03/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Matthew Ninhan Le, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Matthew Ninhan Le. The current resident of 128 N. 32nd Street Camp Hill, PA 17011 is the defendant's ex wife she stated he moved out 5 years ago. The Camp Hill Postmaster has advised the defendant's mail is delivered to address given. An exact address is not available. SHERIFF COST: $46.50 September 03, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF } } 1LED-Q FICE MIE PRUTNONQTAW, 2312 MAR 14 PM 1: 21 CUMBERLAND COUNTY PENNSYLVANIA Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 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 V. MATTHEW NINHAN LE Defendant CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-5535 : CIVIL ACTION - LAW Praecipe to Discontinue To the Prothonotary: Kindly discontinue the above-captioned action vkiout prejudice. & Associates, P.C. By: D C. Blasker, Esquire Attorn v for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-24595 / 314