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HomeMy WebLinkAbout10-5360Y 5!. aolo AOG PM <2' 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. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SETH A BALUCH : NO. (? -? ?VitTr'MA 530 Warren Street, Lemoyne PA 17043-2038 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-36290 4Qa.oo PAA'rr? Crt So&A4 d t/ 80SL 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. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. SETH A BALUCH 530 Warren Street, Lemoyne PA 17043-2038 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 Seth A Baluch, who resides at 530 Warren Street, Lemoyne, 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 2791 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 $1,818.59 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 $1,818.59, and the costs of this action. Burton NeT& AKo6iates. P.C. ale stein, Esquire ttorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a deb(collector. SearsCharge PLUS' SETH A BALUCH Account Number: 791 Page 1 of 2 Your Account Summa Billing Cycle Closing Date 02/09110 Amount Over Credit Line $301.09 Amount Past Due $571.50 Total Minimum Due $702.35 Previous Balance $2,699.24 Payments & Credits $0.00 Purchases & Debits $0.00 Other Charges $39.00 Total FINANCE CHARGES $62.85 Account Balance $2,801.09 Your Credit Summary Total Credit Line $2,500.00 Total Credit Available $0.00 Activity Sale Date Post Date Description Amount 02/08/10 02/08/10 LATE PAYMENT FEE 39.00 YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $2,699.24, 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. Average Corresponding Periodic Rate Periodic Daily ANNUAL D=Day FINANCE Rates 'Rate Varies Balance Balance PERCENTAGE RATE M=Month CHARGE -,? ( J) ? 6 SEARS REGULAR $2,801.09 $2,732.17 29.99%" .08216%(D) * $62.85 Days in Billing Period: 28 Effective ANNUAL PERCENTAGE RATE: 29.99% Minimum FINANCE CHARGE: $0.00 Please follow payment instructions on reverse side. Payment must be received by 5:00 p.m. local time on Payment Due Date. SearsCharge PLUS' Account Number. 791 Payment Account Balance Due l to Minimum Due $2,801.09 03/08/10 F$702.35 0006353 EX 07 B 10040 1 TRS001 F1G 001 7 N 111ii1?11'I11?111?111???11?11?11"II?1111'Il'I???'IIIII'1'?'I1II SETH A BALUCH 530 WARREN ST LEMOYNE PA 17043-2038 Please make address changes on reverse side. Call us at 1-800-917-7700 Go to www.s"rscard.com Write to us at PO Box 6263 Sioux Falls, SD 57117-8283 Payment Due Date 03/08/10 Amount Enclosed Make check payable to SEARS CREDIT CARDS PO BOX 183081 COLUMBUS, OH 43218-3081 '?IIIIII?i11111'I?'??Illllllll??llrllll'I??Irr?lrlli?lrililllll?l 200 5049941009152791 0280109 0070235 0000000 0717 EXHIBIT SearsCharge PLUS` Call us at 1-800-917-7700 ' Go to www.searscard.com Write to us at PO Box 8283 Sioux Falls, 3D 57117-6283 Cardmember News SETH A BALUCH Account Number: XXXX XXXX XXXX 2791 Page 2 of 2 6353 Payment Due Date 03/08/10 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. You've likely heard about some changes impacting consumer credit cards as a result of the Credit CARD Act and other regulatory changes. For our valued customers, we believe it is important to understand these changes, most of which go into effect in February 2010. For details, visit www.newereditcardlaws.citicards.com. 'f Verification I, Mark Molinario , 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 unworn falsification to authorities. Signature C-36290 Seth A Baluch Account number ending in 2791 1031 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F{I.~D~~Ii"1CE Sheriff (~ THE F~~.: ~+~~'PJ(}Ti4~Y ~0~tatr ~i ~~t~brr~~~~ Jody S Smith ~ l~ ~(~~ ~ ~ PM (: Chief Deputy 4 ~ ` Richard WStewart -~F;t"~ CUMB~`i~.~~d~ C~1NTY Solicitor r'u~ ~'~ F"E s"~~"'~'° PEJNNSYI~/ANV~ Citibank (South Dakota) N.A. Case Number vs. 2010-5360 Seth A. Baluch SHERIFF'S RETURN OF SERVICE 08/20/2010 08:08 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on August 20, 2010 at 2008 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Seth A. Baluch, by making known unto himself personally, at 530 Warren Street, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY SHERIFF COST: $42.40 August 26, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. Teleosoff. Inc. CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff v. SETH A BALUCH 530 Warren Street Lemoyne PA 170432038 Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS ~`~ ~., CUMBERLAND COUNTY, PENNSYLIIAQ ~ --{ ~~ c°~ rn~ ~ -~ -~ NO. 10-5360 civil term ~~ ~ ~~ ~ c~ :~ ct c~ ~ -,~ "'~ CIVIL ACTION -LAW ~ ,~ -~, t,,s ~ ~ ~ Praecipe for Default Judgment 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 $1,818.59 $1,818.59 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 base on information received from the defendant and/or the Department of Defense web1 JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN UNDER PA.R.CIV.P. 236 Pro a B~'rton Neil,~C ~Cssociates, P.C. By: l~ Weinstein, Esquire ttorney for Plaintiff I.D. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C-36290 ~"ly aDp~ Q~j R~ ~y~o3~O CITIBANK (SOUTH DAKOTA), N.A. IN THE COURT OF COMMON PLEAS C-36290 Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. ] 0-5360 civil term SETH A BALUCH Defendant :CIVIL ACTION -LAW TO: Seth A Baluch 530 Warren Street Lemoyne PA 170432038 DATE OF NOTICE: September 15, 2010 IlVIPORTANT NOTICE You are in default because you have failed to enter a written appearance personally 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 paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office below. 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 /; i B'y~-. Yale D In making this communication, we advise our office is a debt collector. Neil ~ As~iates, P.C. Ident~cation No. 89678 i 060 Andrew Drive, Suite 170 West Chester, PA 19380 {610) 696-2120 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. IN THE COURT OF COMMON PLEAS Plaintiff v. SETH A BALUCH CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-5360 civil term Defendant :CIVIL ACTION -LAW Rule of Civil Procedure N0.236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on Q C~a b e r ~ 3. ~O / p Prothonotary By: eputy If you have any questions concerning the above, please contact: Yale D. Weinstein, Esquire Attorney for Party 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.