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Home My WebLink About10-7158~ , "~ k t1 l~i'r ~ ~ ~'1 '~' t ~ ur..~~„-~~r~ l tug. ~. •~'~.~'jv,ti~'~..4rr ri'~ Burton Neil & Associates, P.C. By: Neil Sazker, Esquire ID. N0.203465 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 IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. ANTHONY M HIGGINS NO. ~ ~ ~ 15 0 5525 Bazbaza Drive, Mechanicsburg PA 17050 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. IfF 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 HIItING A LAWYER. IF YOU CANNOT AFFORD TO HIItE 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 'P a~ C-39499 J'~ ~'Y ~A~3~3 ~~~ Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. N0.203465 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. ANTHONY M HIGGINS 5525 Barbara Drive Mechanicsburg PA 170507216 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 'D ~ 7 ~s~ o,"r.I 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 Anthony M Higgins, who resides at 5525 Barbara Drive, 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) CITI MA5TERCARD credit card with account number ending in 5263 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 $8,745.89 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 $8,745.89, and the costs of this action. Burton Neil & Associates .C By: Neil Sarker, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. 05/23/10 $8745.89 $8745.89 SITE:KC-CL TM:CO-5000 ACID:IRB8606 #=sE# _t*=~ •.raiils~s_€:= 0 6 / 2 4 / 10 21:4 9:14 CITI CARDS PO BOX 183051 ANTHONY M HIGGINS COLUMBUS, OH 5525 BARBARA DR 43218-3051 MECHANICSBURG PA 17050-7216000 Citi CashReturns°" MasterCard' qti and Citl with Arc Design arc rsgistare0 seroke marks, and Citi CashReturns and CitiDdk+rs are servke marks, oI CitiQroup Inc. Account Nuwber: 5263 Customer Service: i-800-950-5114 www.citicards.com BOX 6500 SIOUX FALLS, SD 57117 Suwwary of Account Activity evious Balance Pr $8,6 1.54 e ~ n 0 Credits Othe r - 0. 0 Purchases + 0.00 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged +=39.00 Interest Charged +$95.35 New Balance $8,745.89 Past Due Amount $791.10 Amt. Over Credit Limit $645.89 Credit Limit $8,100 Available Credit $0 Cash Advance Limit $2,5Q0 Available Cash Limit 0 Statement Closing Date 04/27/2010 Days in Billing Cycle 32 C tle Payment Intorwation ~ ~,.~~~,~~,~„d~°M New Balance8,745.89 Minimum Payment Due @ 745.89 Payment Due Date 05/23/2010 Late Payment Ilarninq:.If we do not receive your minimum pa ment by the date listed above, you may have to pa up to a ~39 late fee and your APRs may be increased up to the variable Penalty APR of 28.99!6. Miniwiim Payment Mlarninq:If you make only the minimum payment each period, yyou will pay more in interest and it will take you longer to pay off your balance. For example: It you would like information about credit counseling services, call 1-877-337-8188. If you make no You will pay And you will end additional charges off the balance up paying an using this card shown on this , .estimated total and each month you statement in of ... pay... about... Oniy the minimum payment 1 month(s) $8,746 SeN Date Post Date Rehnnce Number Activity Since Last Statement Amount Fees 4/27 LATE FEE - MAR PAYMENT PAST DUE 66 0000 TOTAL FEES FOR THIS PERIOD Interest Charyed 4/27 ADVANCES*INTEREST CHARGE*PERIODIC RATE 84 0000 4/27 PURCHASES*INTEREST CHARGE*PERIODIC RATE 84 0000 TOTAL INTEREST FOR THIS PERIOD Your late fee was based on your account balance as of the payment due date (04/23/10), which was $8,611.54. 39.00 0000000000 39.00 46.87 0000000000 48.48 0000000000 95.35 Help is available! Please call the toll-free number shown above to learn about our special payment options. Call Monday - Friday, T am to 9 pm, or Saturday, 8 am to 5 pm, Central Time. Please give us the opportunity to assist you. IXHIBIT_~_ ANTHONY M HIGGINS SaN Data Post Data Rafarann Number Activity Sian Last Statamant Amount r Contact us today - we can helpp! Go online at www.paymentsolutions.citicards.com to login or register. Rafe Summary Balance Subject to Periodic Nominal ANNUAL PURCHASES Interest Charge Rate APR PERCENTAGE RATE Standard Purch Purch Prior 04/16/10 $0.00 $5,983.55 0.02532%(D) 0 02532%(D) 9.240% 9 2 9.240% ADVANCES . . 40% 9.240% Standard Adv Adv Prior 04/16/10 $0.00 $2 674 07 0.05477%(D) 0 05477% D 19.990% 19.990% , . . . ( ) 19.990% 19.990% Verification I, Lisa b1iNr~er , 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 f Signature C-39499 Anthony M Higgins Account number ending in 5263 1000 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ? ttt, of 4ltirtGrryTr C-) rv C? o ti d Jody S Smith -tea Chief Deputy rrt :=-r? c::) r-n- Richard W Stewart r- '4z rn ,j rn «F : EFL :?zi? Solicitor A r\) O O r- 7_ DC) -0 ZQ :zp =Ir ZF3 3> C N C5- Citibank (South Dakota) N.A. vs. Caseffhmi*r Anthony M. Higgins 2010-7158 SHERIFF'S RETURN OF SERVICE 11/17/2010 06:41 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November 17, 2010 at 1841 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Anthony M. Higgins, by making known unto himself personally, at 5525 Barbara Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 November 18, 2010 RYAN BURGET 1, SO ANSWERS, RON R ANDERSON, SHERIFF ioi Gnun yS RP Shenff. feieosoft. Inc. 1 L Anthony Higgins 5525 Barbara Drive Mechanicsburg, PA 17050 Court of Common Pleas Cumberland County, Pennsylvania Citibank 701 East 60'b Street Sioux Falls, SD 57117 Anthony Higgins 5525 Barbara Drive Mechanicsburg, PA 17050 OF THEL FILED-OFFICE ARC 2010 DEC -2 ply 3: 41 CUMBERLAND COUNTY PENNSYLVANIA Case Number: 10-7158 Plaintiff Defendant Response 1. Anthony Higgins (Defendant), hereby answers the complaint of Citibank (Plaintiff) for its self alone as follows and generally denies the allegations based on lack of information and belief. 2. Defendant elects to have all disputes related to the credit card agreement resolved by binding arbitration. 3. Due to serious financial crisis, defendant does not have sufficient funds to pay the full amount of the debt, if any. Over the past year the defendant has undergone significant health issues. Defendant has lupus and had a kidney transplant 5 years ago and is on permanent disability. In addition, the defendant had several serious car accidents and was hospitalized for over three weeks and subsequently diagnosed with epilepsy. These have created significant emotional and financial distress on the defendant and family. I have been in contact with the Plaintiff's lawyer and have attempted to make arrangement to pay on the debt. The understanding that I had from them was that I would make payments of $150.00 per month for three years. I was just advised 1 Dec 10 that it a was not an acceptable arrangement. I wish to continue to work with them to find an acceptable resolution. WHEREFORE, Defendant requests that: 1. Plaintiff takes nothing by way of their complaint; and 2. For Defendant's cost of the suit. December 2, 2010 Q=?;& --%?- Anthony Higgins Defendant in Pro Per Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Telephone: 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff PENNSYLVANIA V. ANTHONY M HIGGINS Defendant f ,a ..l y te IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, NO. 10-7158 CIVIL ACTION - LAW Praecipe for Entry of Judgment on Stipulation To the Prothonotary: Pursuant to the authority set forth in the attached agreement between the plaintiff and defendant, enter judgment on behalf of the plaintiff, Citibank (South Dakota), N.A., and against the defendant, Anthony M Higgins and assess damages in the sum of $8,745.89, plus costs. Burton Neil & Associ , P.C. By: / Neil Sarker, Esquire Attorneys for Plaintiff mu n+ v, And now, this di `r day of ;2011 , judgment is entered on behalf of the plaintiff, Citibank (South Dakota), N.A. and against the defendant, Anthony M Higgins, in the sum of $8,745.89, plus costs. Prothonotary of CUMBERLAND County 3??1 11 eputy The law firm of Burton Neil & Associates is a debt collector. L? X 06 Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attomey for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. ANTHONY M HIGGINS Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-7158 : CIVIL ACTION - LAW Settlement Agreement with Stipulation for Entry of Judgment This Settlement Agreement is made by and between plaintiff CITIBANK (SOUTH DAKOTA), N.A. (hereinafter referred to as "Citibank' and defendant Anthony M Higgins (hereinafter referred to as "Higgins"): Whereas, Citibank filed legal action against Higgins seeking recovery for the balance owed on credit card account no. xxxx-xxxx-xxxx-5263 (hereafter "the Account") in the sum of $8,745.89 plus court costs in the sum of $129.00 (hereinafter "the Litigation"); and Whereas, Higgins acknowledges liability on the Account to Citibank but is not able to pay the amount due in the Litigation lump sum; and Whereas, Citibank and Higgins-by this Settlement Agreement intend to resolve the Account and the Litigation in the manner set forth hereinafter. Now, therefore, in consideration of the mutual covenants and conditions herein contained, and in lieu of further litigation, the parties expressly intending to be legally bound hereby, agree as follows: 1. Higgins agrees that judgment may be entered on behalf of Citibank and against Higgins for the amount due in the Litigation as set forth above. Interest will accrue on the judgment at 6% from the date it is entered on the records of the court. ' 2. Citibank agrees to accept and Higgins agrees to pay the sum of $5,000.00 without interest in full and complete satisfaction of the judgment in installment payments, as follows: a. An initial payment of $400.00 due February 25, 2011 b. 9 payments of $400.00 due the 25' day of each month beginning March 25, 2011; and c. A final payment of $1,000.00 December 28, 2011 3. The checks are to be made payable to Citibank (South Dakota), N.A. and mailed to Burton Neil & Associates, P.C. at 1060 Andrew Drive, Suite 170, West Chester, PA 19380. 4. Citibank agrees to take no action on the judgment provided payments are made by Higgins in accordance with this agreement. 5. When the Settlement is paid, Citibank (South Dakota), N.A. will file with the court a praecipe to mark the judgment satisfied. 6. Should default occur, the full judgment amount including accrued interest will be due and owing less credit for all payments made by Higgins pursuant to this agreement. "Default" shall mean any of the following: Higgins's failure to make a required payment due hereunder by the due date or a check being returned NSF. In witness hereof, the parties hereby execute this Settlement Agreement intending to be bound legally thereby. A facsimile signature shall have the same force and effect as an original signature. Burton Neil & Associates,, P.C. By: Neil Sarker, Esquire Attorney f r Citibank (South Dakota), N.A. Date: 2?Z1I 1k AnthonyA iggins Date: In making this communication, we advise our firm is a debt collector. 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. ANTHONY M HIGGINS 5525 Barbara Drive Mechanicsburg PA 17050-7216 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7158 CIVIL ACTION - LAW Certification of Address Understanding that false statements herein are subject to penalty under 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, I verify that the above are the precise last-known addresses of the judgment creditor and debtor. Burton Neil & Associat By: Neil Sarker, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. 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 IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. ANTHONY M HIGGINS Defendant NO. 10-7158 : CIVIL ACTION - LAW Affidavit of Non-Military Understanding that false statements herein are subject to penalty under 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, I verify that 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. Burton Neil & Associates, P. By: Neil Sarker, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. a Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA 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. IN THE COURT OF COMMON PLEAS V. ANTHONY M HIGGINS C T ELRTHONOTAR Y 2012 JAN I I AN I!.- 53 CUMBERLAND COUNTY PENNSYLVANIA NO. 10-7158 Defendant : CIVIL ACTION - LAW Praecipe to Satisfy Judgment To the Prothonotary: Mark the judgment Satisfied . Burton Neil & Associates, P.C By: Neil Sarker, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-39499 / 318 awa it 9. ZPd aH? cyk d- II a4 YS' e-4 dbltolv