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HomeMy WebLinkAbout10-4138PLED-OF OF THE PROTHONOTARY Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire ID. NO. 209422 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. JOSEPH P FERRARI 710 Vista Drive, Camp Hill PA 17011-1640 Defendant 2010 JUN 21 PM 1: 19 PENNSVAW IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 10 - 4139 e1V i ( lerH : 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 O C-34658 5 4 ga.00 Po qTr/ e?'77?9 y4o39 Q, 0 Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire ID. NO. 209422 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 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. JOSEPH P FERRARI 710 Vista Drive, Camp Hill PA 17011-1640 Defendant 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 Joseph P Ferrari, who resides at 710 Vista Drive, 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) Home Depot credit card with account number ending in 9353 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 $5,032.45 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 $5,032.45, and the costs of this action. Burton Neil & Associat , P.C. By: Trenton A. Farmer, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. ?1?11 Send Notice of Billing Errors and / Customer Service Inquiries to: HOME DEPOT CREDIT SERVICES PO BOX 653000, DALLAS TX 75265-3 0 / ??o ? Account Statement Customer Service: myhomedepotacoount.com Mailed payments must be Or 1866 -458-76i received by 5:00 p.m. Central Time on Account: 9353NOVEM13ER 17, 2009 Closing Date OCTOBER 20, 2009 Next Closing Date NOVEMBER 18, 2009 Credh Line $0.00 Credit Available $0.00 Payment Due Date NOVEMBER 17, 2009 Minimum Payment Due $1,492.00 Opening Balance Payments & Credits Purchases/Other Charges FINANCE CHARGES New Balance Revolving Balancet $4,863.78 $0.00 $39.00 $129.67 $5,032.45 + + Promotion Balance $0.00 $0.00 $0.00 $0.00 $0.00 Total Balance $4,863.78 $0.00 $39.00 $129.67 $5,032.45 t Revolving Balance includes non-promoional transactions plus Promotions that have expired. CURRENT ACTIVITY Transaction Date Locatlon/Transactlons Amount Your late fee was based on an account balance of $4,863.78, which was your account balance on the late fee transaction date. SEE BACK OF STATEMENT FOR INFORMATION ON GRACE PERIOD AND PROMOTIONAL OFFERS. 10/16 10/20 LATE FEE 'BILLED FINANCE CHARGES' 39.00 129.67 ANNUAL PERCENTAGE RATE on the account: 29.99%" " The'ANNUAL PERCENTAGE RATE on the account' includes all transaction and periodic finance charges imposed this billing period on all balances on which finance charges were imposed. 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. FINANCE CHARGE SUMMARY Balance Corresponding Days in Periodic Other Subject to Daily ANNUAL Billing FINANCE FINANCE Finance Charge Periodic Rate PERCENTAGE RATE Period CHARGES CHARGES Current Billing Period REGULAR REVOLVE CREDIT PLAN $4,932.33 0.08216% (M) 29.99% 32 $129.67 - z z Z cQ Z c7S N_ Z 0Z Z I Z iz Z Z Z Z Z This Account Issued by CRlbank (South Dakota), N.A. Page 1 of 2 ------------------------------------------------------------------------------------ T Please detach here. Amount Minimum Your Account Number Now Balance 1 Payment Due Date 1 Past Due 1 Payment Due 1 X9353 $5,032.45 NOVEMBER 17, 2009 $1,273.00 $1,492.00 Make Checks Payable to: HOME DEPOT CREDIT SERVICES 6035320182289353050324500300000149200107 KBAVHDI 1 10/20/09 216296 A N N III'llllll'11111111111111'illllllll'll'I'I'I'llIIIhIII111111IIh rn JOSEPH P FERRARI 710 VISTA DR CAMP HILL, PA 17011-1640 Print address changes above in blue or black ink. Amount Enclosed $ We've lowered prices an over a thousand hems storewide. HOME DEPOT CREDIT SERVICES PROCESSING CENTER DES MOINES, IA 50364-0500 11111 1i111 I IIII IIIII111111111111111111111111111111111111111111111 EXHIBIT _? .r Information About Your Account • YOUR ACCOUNT IS ISSUED BV CITIBANK (SOUTH DAKOTA), N.A. • BALANCE SUBJECT TO FINANCE CHARGE TWO-CYCLE AVERAGE DAILY BALANCE (INCLUDING NEW TRANSACTIONS)-Method C. If the periodic rate listed in the Finance Charge Summary Section of this statement is followed by a "C", we figure a portion of the finance charge on your account each day by multiplying the dairy balance for each balance (e.g. each purchase subject to promotional terms, other regular revolve credit plan purchases and other major pur- chase plan purchases) by the applicable daily periodic rate. We do this each day of the billing period, includ- ing the Closing Date. In addition, for each balance, we multiply the daily balance for each day of the previ- ous billing period by the applicable daily periodic rate, unless your account was credited for the amount required to get the grace period on purchases (described below in the section entitled the Grace Period on Purchases) or a periodic finance charge was already billed on that balance. to gel the daily balance, we lake the beginning balance for each balance every day, add any new purchases, fees, and any finance charge on the previous day's balance, subtract any credits or payments credited as of that day, and make other adjust- ments. A credit balance is treated as a balance of zero. The Balances Subject to Finance Charge are the aver- ages of the respective daily balances during the applicable billing periods. It you multiply the current cycle Balance Subject to Finance Charge by the number of days in the billing period and by the applicable daily periodic rate, and you multiply the previous cycle Balance Subject to finance Charge (it currently subject to a finance charge) by the number of days in that billing period and by the applicable daily periodic rate, and add those two figures together, the result will be the periodic finance charges assessed for that balance, except for minor variations caused by rounding. AVERAGE DAILY BALANCE ONCLUDING NEW TRANSACTIONS)-Method H. It the periodic rate listed in the Finance Charge Summary Section of this statement is followed by a "H", we figure a portion of the finance charge on your account each day by multiplying the daily balance for each balance (e.g., each.purchase sub- ject to promotional terms, other regular revolve credit plan purchases and other major purchase plan pur- chases) by the applicable daily periodic rate. We do this each day of the billing period, including the Closing Dale. to gel the daily balance, we lake the beginning balance for each balance every day, add any new pur- chases and any finance charge on the previous day's balance, subtract any credits or payments credited as of that day, and make other adjustments. A credit balance is treated as a balance of zero. The Balances Subject to Finance Charge are the averages of the respective daily balances during the billing period. If you multiply this figure for each balance by the numberof days in the billing period and by the applicable daily periodic rate, the result will be the periodic finance chargesassessed forthat balance, except forminorvari- ations caused by rounding. AVERAGE DAILY BALANCE (INCLUDING NEW TRANSACTIONS)-Method 1. If the periodic rate listed in the Finance Charge Summary Section of this statement is followed by an "I", we use the following calculation method. To get the Balance Subject to Finance Charge for each balance (e.g., each purchase subject to pro- motional terms, other regular revolve credit plan purchases and other major purchase plan purchases) we take the beginning balance for that balance every day (including finance charges imposed in previous billing periods), add any new purchases, subtract any credits or payments credited as of that day, and make other adjustments. A credit balance is treated as a balance of zero. Ibis gives us the daily balance. We add up all the daily balances for the billing period (including the balances on the Closing Dale) and divide by the total number of days in the billing period. This gives us the Balance Subject to Finance Charge for that balance. We figure a portion of your finance charge on transactions subject to this calculation method by multiply- ing the applicable monthly periodic rate for that balance by the Balance Subject to Finance Charge (includ- ing new transactions). AVERAGE DAILY BALANCE (EXCLUDING NEW TRANSACTIONS)-Method K. If the periodic rate listed in the Finance Charge Summary Section of this statement is followed by a "k", we use the following calculation method. To get the Balance Subject to Finance Charge for each balance (e.g., each purchase subject to pro- motional terms, other regular revolve credit plan purchases and other major purchase plan purchases) we take the beginning balance for that balance every day and subtract any credits or payments credited as of that day and any unpaid linance charges. We do not add in any new purchases. A credit balance is treated as a balance of zero. This gives us the daily balance. We add up all the daily balances for the billing period (including the balanceson the Closing Date)and divide by the total number of days in the billing period. I his gives us the Balance Subject to linance Charge for that balance. We figure a portion of your linance charge on transactions subject to this calculation method by multiplying the applicable monthly periodic rate for that balance by the Balance Subject to Finance Charge (excluding new transactions). AVERAGE DAILY BALANCE (INCLUDING NEW TRANSACTIONS)-Method L. If the periodic rate listed in the Finance Charge Summary Section of this statement is followed by an "L", we use the following calculation method. To get the Balance Subject to Finance Charge for each balance (e.g., each purchase subject to pro- motional terms, other regular revolve credit plan purchases and other major purchase plan purchases) we take the beginning balance for that balance every day, add any new purchases, and subtract any credits or payments credited as of that day and any unpaid linance charges. A credit balance is treated as a balance of zero. This gives us the daily balance. We add up all the daily balances for the billing period (including the balances on the Closing Date) and divide by the total number of days in the billing period. This gives us the Balance Subject to finance Charge for that balance. We figure a portion of your finance charge on lransac- lions subject to this calculation method by multiplying the applicable monthly periodic rate for that balance by the Balance Subject to Finance Charge (including new transactions). AVERAGE DAILY BALANCE (INCLUDING NEW TRANSACTIONS)-Method M. II the periodic rate listed in the Finance Charge Summary of this statement is followed by an 'TN", we use the following calculation method. We calculate periodic finance charges separately for each balance. Balances include regular purchases and different promotional balances. To get a daily balance, we start with the balance as of the end of the previ- ous day. We add any periodic finance charge on the previous day's balance. (This results in daily compound- ing of finance charges.) We add arty new charges. We then subtract any new credits or payments and make other adjustments. A credit balance is treated as a balance of zero. 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 period. The Balance Subject to Finance Charge is the average of the daily balances during the billing period. If you mul- tiply this figure for each balance by its daily periodic rate and by the number of days in the billing period, the result is the total periodic finance charge on that balance. Rounding may cause a small difference. PROMOTIONS. We may offer you promotional terms for all or a part of any balances. Any promotional terms may apply for a limited period of lime. they will be governed by the terms of the promotional offer and your Card Agreement. 1 hey may include the No Interest, 0%, and Lqual Payment Plan offers described below. Your promotional terms may end it you default under the Card Agreement because you do not make the minimum payment when due, go over the credit line, or make a payment to us that is not honored. • No Interest. No finance charges will be imposed on this balance if you pay the balance in full by the end of the promotional period. We will impose finance charges on this balance if you do not pay the bal- ance in full by the end of the promotional period or the promotional terms are terminated. We will impose these finance charges from the date of purchase until the balance is paid in full. The promotion- al offer will specify the amount of any minimum payment required on this balance. • 0%. No finance charges are imposed on this balance during the promotional period. The promotional offer will specify the amount of any minimum payment required on this balance. • Equal Payment Plan. This balance will be repaid in equal minimum payments. the promotional offer will specify the amount of the minimum payment required on this balance. CLOSING DATE. At our discretion, this statement may include charges, fees, and payments on the Closing Date. GRACE PERIOD ON PURCHASES. You can avoid periodic finance charges on purchases. Ihis is called a grace period on purchases. The grace period is at least 20 days. To get the grace period on purchases, pay the follow- ing amounts by the due date every billing period: • the New Balance, less any No Interest, 0% and Equal Payment Plan balances that expire after the pay- ment due date, plus • the minimum monthly payments required for your No Interest, D%, and Equal Payment Plan balances that expire after the payment due date. If you do not, you will not get a grace period unless you pay the above amounts by the due date for two billing periods in a row. In addition, certain promotional offers may lake away the grace period on purchases. Other promotional offers, in addition to No Interest, D% and Equal Payment Plan offers, may also allow you to have a grace period on pur- chases without having to pay all or a portion of the promotional balance by the due date. If either is the case, the promotional offer will describe what happens. BILLING RIGHTS SUMMARY. In Case of Errors or Questions About Your Bill. If you think your bill is wrong, or if you need more information about a transaction on your bill, write us at the Billing Errors address on this statement as soon as possible. We must hear from you no later than 60 days after we 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 be sure all correspondence issigned by the primary cardholder. 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 delin- quent on the disputed item or take 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 or operate the merchant, or if we mailed you the advertisement for the property or services, all purchases are covered regardless of amount or location of purchase.) FINANCE CHARGES accrue from the date of purchase at the regular purchase rate in effect from time to time and all accrued FINANCE CHARGES will be added to your Account for the entire promotional period if qualifying purchases (including premiums for optional credit insurance) are not paid in full before the end of the promotional period or if you fail to make any required payment on your Account when due or make a payment to us that is not honored. See below for more details. "With credit approval for qualifying purchases made on The Home Depot or EXPO Design Center Consumer Credit Card. For accounts in good standing, APRs up to 26.99%. Default APR up to 29.99%. Minimum FINANCE CHARGE: $2. Lower rates may apply. See card agreement for details including when the default rate applies. Offer is only valid for consumer accounts and is subject to change without notice. IMPORTANT PAYMENT INSTRUCTIONS. Crediting Payments. We must receive your mailed 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. (Please refer to the top right hand corner on the front of your statement for processing facility time zone) 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 address fora payment sent by courier or express mail is the Express Payments Address shown below. Proper Form. For a payment sent by mail or courier to be in proper form, you must: • Enclose a valid check or money order made payable to Home Depot Credit Services. 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 chedn 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 will be destroyed. Copy Fee. We charge S5 for each copy of a billing statement that dates back 3 months or more. We add the fee to a balance of our choosing. We reserve the right to add this fee to balances subject to a higher annual percentage rate. We waive the fee if your request for the copy relates to a billing error or disputed purchase. PAYMENT OPTIONS OTHER THAN REGULAR MAIL • Online Payments. Visit myhomedepotaccount.com and sign up for free 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 and it will post within three business days. If we receive your request to make an online payment after that time, we will credit your payment as of the next day and it will post within three business days. For security reasons, you may be unable to pay your entire New Balance with your first online payment. • Pay by Phone Service. You may use this service any time to make a payment by phone, if your account is eligible. 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 and posted within three business days. If you call after that time, your payment will be credited as of the next day and posted within three business days. 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: Customer Service Center, Attention: Payment Mail Opening, 8725 W. Sahara Ave, Las Vegas, NV 89117. Payment must be received in proper form at the proper address by 5 p.m. Pacific time to be credited as of that day. All payments received in proper form at the proper address after that time will be credited as of the next day. • In Store Payments. Ior your added convenience, payments can be made at the Home Depot' stores with no service fee. Payments made at the store prior to the store closing time will be posted to your account as of that day but availability may be subject to verification of funds. REPORT A LOST OR STOLEN CARD IMMEDIATELY. You may call Customer Service 24 hours a day, 7 daysa week. Page 2 of 2 the Home Depot Consumer HD 0309A Verification I, Abbis Mlg ft , 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. C-34658 Joseph P Ferrari Account number ending in 9353 1025 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~-1~~~ ~;'~ r?~~'~ Sheriff T ';~ ~'~`.: ~, ....,. ~~,ttrttr of ~trrrrl~~~,{~ ~ `~1~ ~'' Jody S Smith '~ ~ ~- ~;~ g' ~ Chief Deputy ~-~ ~ 2(~~Q ~U ~ ~~ :a-= Richard W Stewart ~ u `~~'~'~i~~ Solicitor ~r=fi~~ F -~; ..~Ri~~ IutJtv'~ :A4-.~~tl.~•~''~;1 t }S l1b Citibank (South Dakota) N.A. vs. Joseph P. Ferrari Case Number 2010-4138 SHERIFF'S RETURN OF SERVICE 06!23/2010 08:03 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 23, 2010 at 2003 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Joseph P. Ferrari, by making known unto Debbie Kirsh, Fiance at 710 Vista Drive, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 June 24, 2010 ~~? NOAH CLINE, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (c} Coun!ySuite Sherift~, Telwo.^;oft. Inc- A - JOSEPH FERRARI 720 Vista Drive Camp Hill, PA 17011-1640 (717) 645-3337 Defendant in Proper Person - r ,,~ .~FcL~G ` - `~-,~~r~Y ~4-P~a~ ~~'~~'r 3 IN THE COMMON PLEAS COURT OF THE STATE OF PENNSYLVANIA IN AND FOR CUMBERLAND COUNTY CITIBANK (SOUTH DAKOTA), N.A., Plaintiff, v. JOSEPH FERRARI, Defendant, Docket Number: 10-4138 ANSWER OF DEFENDANT follows: Defendant JOSEPH FERRARI answers the Complaint of CITIBANK (SOUTH DAKOTA), N.A. as 1. The Defendant is without sufficient information to admit or deny the allegations of Paragraph 1 of the Complaint and therefore denies said allegations. 2. The Defendant admits the allegations of paragraph 2 of the Complaint. 3. The Defendant is without sufficient information to admit or deny the allegations of Paragraph 3 of the Complaint and therefore denies said allegations. 4. The Defendant admits the allegations of paragraph 4 of the Complaint. 5. The Defendant is without sufficient information to admit or deny the allegations of Paragraph 5 of the Complaint and therefore denies said allegations 6. The Defendant is without sufficient information or recollection to admit or deny the allegations of paragraph 6 of the Complaint and therefore denies said allegations. Further, the Defendant demands a complete accounting reflecting all charges and credits to the account. 7. The Defendant does not recall whether or not the statement shown in Exhibit A of the Plaintiff s Complaint was ever mailed to her. She admits that she made payments on the account. 8. The Defendant is without sufficient information, recollection, knowledge or legal knowledge to admit or deny the allegations of Paragraph 8 and therefore denies said allegations. Further, the Defendant demands a complete accounting reflecting all charges and credits to the account. Further answering: 9. The Plaintiff has an affirmative duty to prove the amount of the debt. If the Plaintiff cannot prove the amount of the debt, this matter should be dismissed with prejudice. 10. The answering Defendant alleges that the amount claimed by Plaintiff has been inflated to include improper over-limit charges, finance charges and late payment fees inappropriately charged by Plaintiff. Defendant submits that these charges are unconscionable and to allow Plaintiff to collect these amounts would be inequitable, Page 1 of 4 r. . . and that the extra fees and costs applied by Plaintiff created an impossibility of performance. 11. Defendant denies that Plaintiff is entitled to collect these sums under any contract with Plaintiff. 12. Defendant contends that Plaintiffhas charged excessive interest, late fees and penalties, and that them is no enforceable contract between the parties that would allow Plaintiff to recover the amounts already charged. 13. Due to the excessive amounts charged by Plaintiff, Defendant has not been able to reduce the debt, making performance of any obligation impossible, and Defendant contends that these fees should dischazged in their entirety. Defendant denies Plaintiff is entitled to recover the interest that was rolled into the amount sought by Plaintiff, and demands an accounting of how it came to the amounts prayed for in the complaint. 14. As a result of the economy, the Defendant's business failed, which put him in a difficult financial situation. His income was reduced by approximately 95%. The situation aggravated when the creditors raised the interest rates, thereby raising the minimum payments. This has left the Defendant unable to keep up with his bills. I5. Defendant desires to avoid bankruptcy and urgently wants to pay his debt. However, he needs additional time to do so. WHEREFORE, Defendant prays: 1. That Plaintiff take nothing by way of the complaint; 2. That Defendant(s) recover costs, and reasonable attorney fees, if incurred; 3. That Plaintiff be required to specifically prove all allegations in this action, including the existence of an enforceable contract containing the interest rate and fees applied to this account; 4. That the Plaintiff be awarded no attorney's fees or cost of suit; 5. That no derogatory information appeaz on the Defendant's credit record as a result of this law suit; 6. That the Defendant be granted more time to pay any debt that she actually owes; and, 7. That the Court award such other and further relief as the nature of this case may require. VERIFICATION The Defendant verifies that the statements made herein are true and correct based upon his knowledge, information and belief. The statements aze made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. a_~~ EPH 71 Drive Camp Hill, PA 17011-1640 (717) 645-3337 Defendant in Proper Person Page 2 of 4 f. CERTIFICATE OF SERVICE The Defendant(s) HEREBY CERTIFY that on this ~i day of 2010, a copy of the foregoing pleading was mailed, first-class, postage pre-paid to: Trenton A. Farmer, Esq. BURTON NEIL & ASSOCIATES, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Attorneys for Plaintiff SEPH This document was prepared by, or with, the assistance of an attorney licensed in PA and NV and employed by Persels 8c Associates, LLC / Persels & Associates, LLP (CA, Mn / Persels & Associates, PLLC (NC) - 800-498-6761. Page 3 of 4 do . ,1 t, r C i TA ('.a f 4 2011 i - 6 Ali it jiJMBERLAND COUNTY PENNSYLVANIA Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire ID. NO. 209422 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. JOSEPH P FERRARI Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-4138 CIVIL ACTION - LAW Praecipe to Discontinue To the Prothonotary: Kindly discontinue the above-captioned action without prejudice. Burton Neil & Associates, P.C. By: Trenton A. armer, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-34658