Loading...
HomeMy WebLinkAbout10-3071THE Pfr-m rigbwY 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. KRISTOPHER T SMULL 805 Erford Road, Camp Hill PA 17011-1128 Defendant 2010 MAY I I PM 1: 20 C;WB--,, , PENNSY )4jI IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Ib - WWI a-Wi' I>r1 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 G) C-33782 Telephone No. 717-249-3166 or 800-990-9108 49 1.bp PA M`frW'73? 43 0,9 q I s(al 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 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. KRISTOPHER T SMULL 805 Erford Road, Camp Hill PA 17011-1128 Defendant 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 Krist:opher T Smull, who resides at 805 Erford Road, 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 4139 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 mayded 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 $3,667.57 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 $3,667.57, and the costs of this action. Burton Neil & Associates, P.C By: Neil Sarker, E quire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. Sears MasterCard" KRISTOPHER T SMULL Account Number 4139 Page 1 of 2 Your Account Summary Billing Cycle Closing Date 12/11/09 Amount Over Credit Line $767.57 Amount Past Due $890.91 Current Minimum Due $164.43 Total Minimum Due $1,822.91 Previous Balance $3,540.14 Payments & Credits $0.00 Purchases & Debits $0.00 Other Charges $39.00 FINANCE CHARGES $88.43 Account Balance $3,667.57 Your Credit Summary Total Credit Line $2,900.00 Available Credit Line $0.00 Cash Access Line $50.00 Available Cash $0.00 Sale Date Post Date Description 12/08/09 12/08/09 LATE PAYMENT FEE YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $3,540.14, 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 MasterCard" Account Number: §111111M 4139 Payment Total Account Balance Due Date Minimum Due C$3,667.57 C 01/07/10 $1,822.91 0018614 EX 08 A 09345 1 TXS503 FVG 001 7 N ??Il?lllnllll?ll?n?nrlll?lllln?l?lllli?l?llllnrlllnlllll?l KRISTOPHER T SMULL 805 ERFORD RD CAMP HILL PA 17011-1128 Please make address corrections above. Call us at 1-800-669-8488 Go to www.searscard.com Write to us at PO Box 6282 Sioux Falls, SD 57117-6282 Payment Due Date 01/07/10 Amount 39.00 Amount Enclosed ($ --1 Make check payable to SEARS CREDIT CARDS PO BOX 183082 COLUMBUS, OH 43218-3082 I?lil?lllnlirll??nnlllilril?lllilillllllirl?l„Illlll?illiill i % 100 ' 03LL757 0182291 0000000 0815 E7C 14? 1.11817 Information About Your Account Grace Period on Purchases. You can avoid periodic finance charges on purchases, but not on balance transfers and cash access transactions (if aftilable on your. account). This is called a grace period on purchases. You can gate grace period of at least 20 days. To do so, pay the following amount by the due date every billing cycle: • the Account Balance, less • any Deferred Interest balances that expire after the due date. If you do not, you will not get a grace period unless you pay the above amount by the due date fortwo billing cycles in a row. In addition, certain promotional offers may take away the grace period on purchases. Other promotional offers, in addition to Deferred Interest offers, may also allow you to have a grace period on Purchases without having to pay all or a portion of the promotional balance by the due date. If either is the case, the promotional offerwill describe what happens. Balance Subject to Finance Charge. We use an average daily balance method (including new transactions) to calculate periodic finance charges. We do this separately for each balance. These balances include, for example, regular Sears purchases, balance transfers, other regular External purchases, Old Balances, cash access transactions, and different promotional balances, as applicable to your account. (When we calculate periodic finance charges, we treat each Deferred Interest transaction separately even if it has the same terms as another Deferred Interest transaction.) We figure the periodic finance charge by multiplying the daily balance by its daily periodic rate. We do this for each day in the billing cycle. To get a daily balance, we start with the balance as of the end of the previous day. We add any periodic finance charge on the previous days balance. (This results in daily compounding Of finance charges.) We add any new charges. We then subtract any new credits or payments and make other adjustments. Acredit balance is treated as a balance of zero. For each balance, the Average Daily Balance is the average of the daily balances during the billing cycle. If you multiply this figure for each balance by its daily periodic rate and by the number of days in the billing cycle, the result is the total periodic finance charge on that balance. Rounding may cause a small difference. Sale Date. The Sale Date shown on the Account Statement is alsothe Transaction Date. Annual Membership Fee. Any annual membership fee is billed once a year. The amount of the fee appears on the statementwhen the fee is billed. We will refund this fee if you notify us that you are closing your account within 30 days of the mailing or delivery date of the statement on which the fee is billed, fou will get the refund even 9 you useyourcard during that period. Penalty APR. The Penalty APR may be applied to your account if you: (1) Make a late payment; (2) Go over your credit limit; (3) Make a payment that is returned; or (4) Do any of the preceding (1) through (3) on another account thw you have with us. How Long Will the PenaltygRApply? M yourAPRs are increased for any of these reasons, the Penalty APR will apply until you make 12 consecutive minimum payments on time and do not do (1) through (3) above on any account you have with us during that time period. The penalty APR may end sooner in accordance with your Card Agreement, orif required by applicable law. Billing Rights Summary In Case of Errors or Questions About Your Bill. If you think your bill is wrong, or rf you need more information about a transaction on your bill, write us at the address listed on this statement where it says "Write to us at." Write us as soon as possible. We must hearfrom you no laterthan 60 days afterwe send you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: -Your name and account number. -The dollar amount of the suspected error. - Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure about. - Please sign your letter. You do not have to pay any amount in question while we are investigating. But you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot report you as delinquent on the disputed item or to ke any action to collect the amount you question. Special Rule for Credit Card Purchases If you have a problem with the quality of goods or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. You have this protection only when the purchase price is more than $50 and the purchase is made in your home state or within 100 miles of your mailing address. (If we own oroperate the merchant, or I we mailed you the advertisement for the property or services, all purchases are covered regardless of amount or location of purchase.) Important Payment Instructions Crediting Payments. We must receive your payment in proper form at our processing facility by 5 p.m. local time there. If we do, it will be credited as of that day. A payment received at the processing facility 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 a payment sent by regular mail is the address listed on the return envelope or on the front of the payment coupon. A payment made in-store is not sent to the correct address. The correct addressfora payment sent by courier or express mail isthe Express Payments Address shown below. Proper Form. Fora payment sent by mail or courierto be in proper form, you must: • Enclose a valid check or money order. No cash, gift cards, or foreign currency please. • Include your name and account number on the front of your check or money order If you send an eligible check with this payment coupon, you authorize us to complete your payment by electronic debit If we do, the checking account will be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check willbe destroyed. Copy Fee. We charge $3 foreach copy of an account statementthat dates back 3 months or more. We add the fee to the regular Sears purchase balance. We waive thefee if your request forthe copy relatesto a billing erroror disputed purchase. Payment Options Other Than Regular Mail. • Online Payments. Viso www.SearsCard.com and sign up for online payments. Enrollment may take a few days. If we receive your request to make an online payment by 5 p.m. Eastern time, we will credit your payment as of that day. If we receive your request to make an online payment after that time, we will credit your payment as of the next day. For security reasons, you may be unable to pay yourentire Account Balance with yourfirst online payment. • Pay by Phone Service. You may use this service any time to make a payment by phone. You will be charged $14.95 to use this service. Call by 5 p.m. Eastern time to have your payment credited as of that day. If you call after that time, your payment will be credited as of the next day. We may process your payment electronically after we verify your identity. • Express Payments. You can send payment by courier or express mail to the Express Payments Address: Payments Department, 1500 Boltonfield Street, Columbus, OH 43228. Payment must be received in properform at the proper address by 5 p.m. Eastern time to be credited as of that day. All payments received in properform atthe proper address afterthat time will be credited as of the next day. Report a Lost or Stolen Card Immediately. You may call Customer Service 24 hours a day, 7 days a week. Account issued by Citibank (South Dakota), NA.. 16037 EN Rev 01/10 01 DF6057 - 3 -12/10/2009 New Address If your address has changed, please print any changes below Name: Street Address: City, State, Zip: Phone: Sears MasterCard" Call us at 1-800-669-8488 Go to www.searscard.com Write to us at PO Box 6282 Sioux Falls, SD 57117-6282 KRISTOPHER T SMULL Account Number: ;KXXX XXXX XXX X 4139 Payment Due Date Page 2 of 2 01/07/10 18614 Average Corresponding Periodic Rate Periodic Daily ANNUAL D=Day FINANCE Rates Rate Varies Balance Balance PERCENTAGE RATE M=Month CHARGE SEARS REGULAR $418.24 $379.52 29.99%* .08216%(D)* $9.36 EXTERNAL REGULAR $3,249.33 $3,208.31 29.99%* .08216%(D)* $79.07 CASH ACCESS REGULAR $0.00 $0.00 29.99%* .08216%(D)* $0.00 Days in Billing Period: 30 Effective ANNUAL PERCENTAGE RATE: 29.99% Minimum FINANCE CHARGE: $0.00 Cardmember News The "Effective ANNUAL PERCENTAGE RATE" includes all transaction and periodic finance charges imposed this billing period on all balances on which finance charges were imposed. If the "Effective ANNUAL PERCENTAGE RATE" is N/A, no finance charges (after adjustments) were imposed this billing period. Finance charges may be accruing on promotional balances and may be billed to your account under the terms of the promotional offer. Refer to the corresponding APR for the APR that applies to each balance. The Sale Date is the Transaction Date. Need to know how to bring your account current? Call 1-866-653-1835 today. We're here for you and we can help. We understand that unforseen things can happen and it can be hard to follow through on payments. But a past due account can hurt your financial outlook. We want you to know that there may be payment solutions you aren't aware of that can help bring your account current. We'll work with you listening to your concerns and discussing payment solutions that may fit your personal situation. Remember the holidays are coming, and taking care of your situation now can help free up your finances for later. So it's important that you call us today. Verification I, Abbie Motley , am employed by Citicorp Credit Services, Inc. (USA) (hereafter CCSI), a subsidiary of plaintiff, Citibank (South Dakota), N.A. CCSI is a service provider for plaintiff in that it services credit card accounts owned by plaintiff. I am authorized to make this verification on behalf of plaintiff. The statements of facts set forth in the complaint are true and correct upon my information and belief and are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. i r ?7 Signature C-33782 Kristopher T Smull Account number ending in 4139 1032 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ,~~~rtst! a~ iuny~,rf~~f~ ~ .~` .?~. CSC-~_E ~~rrESr~RIFF ,,,. 2Q10 ~f~'~ ~U x~r ~~ 5$ ICE' I d `ti. ''~t~(~k~/'i~„ r~ Citibank (South Dakota) N.A. Case Number vs. Kristopher T. Smull 2010-3071 SHERIFF'S RETURN OF SERVICE 05/17/2010 05:56 PM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 17, 2010 at 1754 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kristopher T. Smull, by making known unto himself personally, at 805 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 May 18, 2010 T~ RYAN BUR E , SO ANSWERS, RON R ANDERSON, SHERIFF (c GountySuite Sheriff, T'EleasoYt. lnc. G CITIBANK (SOUTH DAKOTA), N.A. Plaintiff v. KRISTOPHER T. SMULL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3071 CIVIL TERM CIVIL ACTION -LAW n Q 'y J ~?- c'= ~ -Tt ~ ANSWER TO PLAINTIFF'S COMPLAINT °:r. ~' , - --- -~ ~ ~~~ `~ ~" ~=d 1. Admitted. ~,; ~' " t ._.~ ~' _~ , , _ . .. ~ J `. 2. Admitted. ~ -- ..-i "~ 3. Admitted. 4. Denied. Strict proof is hereby demanded at the time of trial. 5. Denied. Strict proof is hereby demanded at the time of trial. 6. Denied. Strict proof is hereby demanded at the time of trial. 7. Denied. Strict proof is hereby demanded at the time of trial. 8. Denied. Strict proof is hereby demanded at the time of trial. WHEREFORE, Defendant respectfully requests that this Honorable Court deny Plaintiffs requested relief and dismiss said Complaint with prejudice. Date: ~ ~ ~ lO Res t ly Submitted: 'stop er T. Smull VERIFICATION I, Kristopher T. Smull, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATED: G (~~ ~ V Kristopher . Smull CERTIFICATE OF SERVICE I, Kristopher T. Smull do hereby certify that on this date I served the foregoing Answer to Plaintiffs Complaint by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Neil Sarker, Esquire Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 ~ ICI ~~ Date: . Smull n a i+ Fr"`L- ~1L~~r ~ t ~~±~~~Y t r1,~ ~~~ ZOIO J;a~ 28 ~~~ 2~ 2 ~ BURTON NEIL & ASSOCIATES, P.C. By: Yale D. Weinstein, Esquire, Id. No. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-692-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff v. KRISTOPHER T. SMULL C~i~, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3071 CIVIL TERM Defendant : CIVIL ACTION -LAW Motion of Plaintiff Citibank (South Dakota), N.A. for Judgment on the Pleadings Now comes the plaintiff, 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 in the sum of 3,667.57, plus costs of this action, and in support thereof states: 1. The pleadings consisting of the complaint and defendant's answer are closed. 2. There is no genuine issue of material fact which will require a trial. Therefore, plaintiff, Citibank (South Dakota), N.A., 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 on its behalf and against defendant in the sum of 3,667.57, plus costs of this action. BUR By: IATES, P.C. Yale D. Weinstein, Esquire Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. BURTON NEIL & ASSOCIATES, P.C. By: Yale D. Weinstein, Esquire, Id. No. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-692-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. IN THE COURT OF COMMON PLEAS Plaintiff v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3071 CIVIL TERM KRISTOPHER T. SMULL Defendant : CIVIL ACTION -LAW Plaintiff s Brief in Support of Motion for Judgment on the Pleadings I. Facts and Procedural History Plaintiff filed a complaint against defendant to recover the balance past due on a credit card account. Defendant's answer admitted the first three paragraphs of the complaint and denied the remaining averments with a demand for proof. The pleadings in this action are closed. The matter is now before the Court on plaintiff's motion for judgment on the pleadings under Pa. R.C.P. 1034(a). II. Question Presented Whether the pleadings raise a genuine issue of material fact which will require a trial? III. Argument Defendant's answer admitted the parties and plaintiff s status as a national bank. The response to the remaining averments of the complaint with a demand for strict proof. A demand for proof is an admission under Pa R.C.P. 1029(b) which provides "Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by subdivisions (c) and (e) of this rule, shall have the effect of an admission." (Emphasis added). Therefore, defendant admitted all allegations in the complaint. There is nothing in his answer which would otherwise by necessary implication raise deny any averment in the complaint. As a result, there is no genuine issue of material fact remaining which will require a trial. IV. Conclusion Plaintiff s motion should be granted because the relief sought is clear, that is, there is no issue of fact to be tried and proceeding to trial would be a fruitless. Therefore, the admissions and lack of any legal defense on the part of the defendant should result in judgment on the pleadings for plaintiff under Pa. R.C.P. 1034 (a) and against defendant, Kristopher T. Smull, for the sum of $3,667.57, plus costs of the action. BURTjON NEII~~ASSOCIATES, P.C. By: Yale. Weinstein, Esquire Atto ev for Plaintiff In making this communication, we advise our firm is a debt collector. 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. KRISTOPHER T SMULL Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3071 CIVIL TERM 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 Plaintiff s Motion for Judgment on the Pleadings, Brief in Support, proposed Order and Praecipe for Listing Case for Argument on pro se defendant, Kristopher T Smull, at his address of record via first class mail, postage prepaid on the date set forth below. Burton Neil so ' es, P.C. Date: ~ By: Yale 'stein, Esquire Att ney for Plaintiff The law firm of Burton Neil & Associates is a debt collector C-33782 Cp 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 v. KRISTOPHER T SMULL Defendant n a `r `~ --~ --c~ ~z, ~-- ~ ~ ~ ; ~+ ~' f r r = ry` t _ ~~ ~,~ = :.. -.. ti ~~ c rti ~ • • ~'=' '~. ~ c> ~~ NO. 10-3071 CIVIL TERM 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff s 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: Kristopher T Smull, Pro Se address: 805 Erford Road Camp Hill, PA 17011-1128 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: August 18, 2010 A The law firm of Burton Neil & Associates is a debt co C-33782 ale .Weinstein, Esquire tt ev for the Plaintiff 1 ? { 5 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. KRISTOPHER T SMULL Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1.0-3071 CIVIL T CIVIL ACTION - LAW Praecipe to Discontinue "To the Prothonotary: Kindly discontinue the above-captioned action without pre' 'ce. Burt1 ei & o Tates. P.C. Ya rein, Esquire A nev for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-33782