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Home My WebLink About10-7808~" THE P ~ T~~C1;~~ T~, ~'1, ~ry~~ ~~~ ~~~ P~ ~: r~7 ~;;MBERL~i~~ ~%~~';~I~`;' Ei~l~~ Y~.l~'~`~.'~f ~, 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 571 17 Plaintiff v. JAMES R GIARDINA 981 Hummel Avenue, Lemoyne PA 1 7043 1 738 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. I~-~?0~ 0 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, "hHIS 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-44399 0.,i ~aa CO`P~°~ ~~~~53 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. JAMES R GIARDINA 981 Hummel Avenue, Lemoyne PA 17043 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 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 James R Giardina, who resides at 981 Htunmel Avenue, 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) CITI MASTERCARD credit card with account number ending in 4582, 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 F,xhibit 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 $16,291.46 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 $16,291.46, and the costs of this action. Burton Neil & A~~~6ciates, P.C. By: Ya [~. ~VgjHSfein, Esquire A o~nev for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collEictor. 08/09/10 JAMES R GIARDINA 981 HUMMEL AVE LEMOYNE 17043-1738000 $16291.46 SITE:KC-CL TM:CO-5000 ACID:IRB1421 fsiQ,sii~ 0 9/ 2 2/ 10 21:48:0 0 CITI CARDS PO BOX 183051 COLUMBUS, OH 43218-3051 $16291.46 >:ai~ai~>ikE€ PA Cities Dividend Platinum Selects Card C tl~ Account Number: ~~ 4582 Customer Service: 1-800-756-4000 www.citicards.com BOX 6500 SIOUX FALLS, SD 57117 Summary of Account Activity Previous Balance $15,913.66 Payments - 0.00 Other Credits - 0.00 Purchases + 0.00 Cash Advances + 0.00 Fees Charged +$39.00 Interest Charged +$338.80 New Balance $16,291.46 Past Due Amount $2,770.97 Amt. Over Credit Limit $5,741.46 Credit Limit $10,550 Available Credit SO Cash Advance Limit $400 Available Cash Limit $0 Statement Closing Date 07/13/2010 Days in Billing Cycle 32 Payment Information you tlm:o;ii~w ~Me ds~ta~ New Balance 16,291.46 Minimum Payment Due 16,291.46 Payment Due Date 08/09/2010 Late Payment Warninq:,If we do not receive your minimum pa ment by the date listed above, you may have to pa up to a 139 late fee and your APRs may be increased up to the variable Penalty APR of 29.99'k. Mini nun Payment Yfarninq:If you make only the minimum payment each period, you will pay more in interest and it will take you longer o Dav off vour balance. For example: If you make no You will pay And you will end additional charges off the balance paying an up using this card shown on this , estimated total and each month you statement in of... pay.. about. . Only the minimum payment 1 month(s) $16,291 If you would like information about credit counseling services, call i-877-337-8188. SaN Dato Post Data Rafaranca Number Actfvlty Since Last Statomant Amount Fees 7/13 LATE FEE - JUN PAYMENT PAST DUE 66 0000 TOTAL FEES FOR THIS PERIOD Interest Char ed 7/13 INTEREST CHARGED TO STANDARD PORCH 84 0000 7/13 INTEREST CHARGED TO PUR PR-04/02/10. 84 0000 TOTAL INTEREST FOR THIS PERIOD 2010 Totals Year-to-Date Total Fees charged in 2010 312.00 Total Interest charged in 2010 2,014.77 39.00 0000000000 39.00 3.19 0000000000 335.61 0000000000 338.80 w JAMES R GIARDINA SaN Data Post Data Rafaranca Humber Activity Stnca Last Statamant Amount f Your late fee was based on your account balance as of the payment due date (07/09/10), which was $15,913.66. Help is available! Please call the toll-free number shown above to learn about our special payment options. Call Monday - Friday, 7 am to 9 pm, or Saturday, 8 am to 5 pm, Central Time. Please give us the opportunity to assist you. Our records show home phone 717-412-0953 and business phone 000-000-0000. If incorrect, please update your account online at www.citicards.com or call us at 1-800-756-4000 to let us know. Please see enclosed privacy notice for important information. Irttanit Charq~ Calculetlon Your Mnual Prircankage Rata (APR) is the annual interest rate on your accourrt. Annual Percentage Balanu Subjstt to Type of Balanee Rate (APR) Interest Rata I~rterast Charge PURCHASES Standard Purch 29.990%(V) $121.22(D) $3.19 Purch Prior 04/02/10 23.990No $15,955.95(D) $335.61 ADVANCES Standard Adv 29.990l6(V) $0.00(D) $0.00 Verif cation Abbie Motley I, , 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-44399 James R Giardina Account number ending in 4582 1000 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor }xl, FILED-OFFIH PROTHO 41010 DEC 30 PM 1 • r 'p "'UMBERL ^AND Ct jE ' 9 Citibank (South Dakota) N.A. vs. James R. Giardina Case Number 2010-7808 SHERIFF'S RETURN OF SERVICE 12/27/2010 05:07 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on December 27, 2010 at 1707 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: James R. Giardina, by making known unto Kim Barbour, Mother in Law of defendant at 981 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $34.90 December 28, 2010 DENN FRY, DEP TY SO ANSWERS, RONW R ANDERSON, SHERIFF CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff v. JAMES R GIARDINA 981 Hummel Avenue Lemoyne PA 170431738 Defendant To the Prothonotary: : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN14,, 5Dn C NO. 10-7808 Z. `? ,n -a r :;0C:) ° G? y. ,5p-sti CIVIL ACTION - LAW zG Praecipe for Default Judgment ,.? Cn _-e 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 $16,291.46 $16,291.46 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 based on information received from the defendant and/or the Department of Defense website. / JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN UNDER PA.R.CIV.P. 236 Associates, P.C. ?Vemstein, Esquire for Plaintiff A.D. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C-44399 Am+ W1y oc tPd a0l 'NCAic-e AW (ed CITIBANK (SOUTH DAKOTA), N.A. : IN THE COURT OF COMMON PLEAS C-44399 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-7808 JAMES R GIARDINA Defendant : CIVIL ACTION - LAW TO: James R Giardina 981 Hummel Avenue Lemoyne PA 170431738 DATE OF NOTICE: January 19, 2011 IMPORTANT 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 Burton Neil & In making this communication, we advise our office is a debt collector. By: Yale D. I Attorney Esquire ldentificatio o. 89678 1060 Andref Drive, Suite 170 West Ches , PA 19380 (610) 696-2120 C-44399/232 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) Pa.R.C.P. § 3103 to 3149 CITIBANK(SOUTH DAKOTA),N.A. : IN THE COURT OF COMMON PLEAS 701 East 60th Street N, Sioux Falls, SD 57117 3 Plaintiff -° ** v. : CUMBERLAND COUNTY,PENN 1 JAMES R GIARDINA z ' :a- 981 Hummel Avenue,Lemoyne PA 17043-1738 ' w �.,,c .. Defendant(s) : NO. 10-7808 --: METRO BANK ( ) > rW--'' 65 Ashland Avenue,Carlisle, PA 17013 -c � - Garnishee(s) : CIVIL ACTION-LAW coo '' -< To the Prothonotary: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER 1. Directed to the Sheriff of Cumberland County, Pennsylvania 2. against JAMES R GIARDINA , Defendant(s) 3. and against METRO BANK , Garnishee(s) 4. and index this writ (a) against Defendant(s) (b) against Garnishee(s) as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (specifically describe property) NO LEVY- GARNISHMENT ONLY Serve interrogatories on garnishee at: 65 Ashland Avenue, Carlisle, PA 17013 5. Amount Due $16,291.46 Interest from 2/9/11 i 2,906.50 Total $19,197.96* *Plus writ costs Dated: January 20, 2014 ; iif Yale D e' - squire Atto - fo ' .intiff NOTE: Under paragraph 1 when the writ is directed to sheriff of another county as a orized by Rule 3103(b),the county should be indicated.Under Rule 3103(c)a writ issued on a transferred judgment may be direct-i only to the sheriff of the county in which issued. Paragraph 3 above should be completed only if indexing of the execution in the county of issuance is desired as authorized by Rule 3104(a).When the writ issued to another county indexing is required as of course in that county. See Rule 3104(b).Paragraph 4(b)should be completed only if real property in the name of the garnishee is attached and indexing as a lis pendens is desired.See Rule 3104(c). This is an attempt to collect a debt, and any information obtained will be used for that purpose. This (communication is from a debt collector. akkk 6 . Cl6T'd a r3(-4,q6 ur t e.‘ _as-bve eo. cl . 60 t " Ira), 50 C,-- uct . °AD °l Yi--- Dt &-D5(A4j WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-7808 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIBANK(SOUTH DAKOTA)N.A. Plaintiff(s) From JAMES R. GIARDINA,981 HUMMEL AVENUE, LEMOYNE,PA 17043-1738 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: METRO BANK,65 ASHLAND AVENUE,CARLISLE,PA 17013 and to notify the garnishee(s)that: (a)an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (2) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$16,291.46 Plaintiff Paid$ Interest 2/9/11-$2,906.50 Attorney's Comm. % Law Library$.50 Attorney Paid$169.90 Due Prothonotary$2.25 Other Costs$ Date: JANUARY 29, 2014 David D. Buell,Prothonotary Deputy REQUESTING PARTY: Name : YALE D.WEINSTEIN,ESQUIRE Address: LAW OFFICES BURTON NEIL&ASSOCIATES,P.C. 1060 ANDREW DRIVE,SUITE 170 WEST CHESTER,PA 19380 Attorney for: PLAINTIFF Telephone: 610-696-2120 Supreme Court ID No. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 1- ;LLD i ;C Sheriff ''. Jody S Smith Chief Deputy 2014 FEB I I AM 9: 30 Richard W Stewart CUMBERLAND COUNTY Solicitor PENNSYLVANIA Citibank (South Dakota) N.A. vs. Case Number James R. Giardina 2010-7808 SHERIFF'S RETURN OF SERVICE 02/05/2014 11:00 AM -Jamie DiMartle, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to John A.M. Osborne, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on January 10, 2014 to James R. Giardina at 981 Hummel Avenue, Lemoyne, PA 17043-1738. • J E DIMARTLPUTY SO ANSWERS, February 10, 2014 RONNY R ANDERSON, SHERIFF 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. JAMES R GIARDINA 981 Hummel Avenue Lemoyne PA 17043-1738 Defendant(s) METRO BANK Garnishee 211141141? 1/ 41111: 51 Ct"18ERLANO Cow— PENNsyLVANiAl , yi : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-7808 : CIVIL ACTION -LAW To: METRO BANK 65 Ashland Avenue, Carlisle, PA 17013 Interrogatories to Garnishee You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you: 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant or any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? Defendant had less than 300 exemption 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owed solely or in part by the defendant? 3. If the answer to 1 and/or 2 is yes, please specify the nature of the property and, if, money, the amount? 4. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? 5. At the time you were served or at any subsequent time did you hold as fiduciary any property in which defendant had an interest? 6. At any time before you were served did the defendant transfer or deliver any property to you or any person or place pursuant to your direction or consent and if so what was the consideration therefor? 7. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. 9. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. elates, P.C. By: einstein, Esquire This is an attempt to collect a debt, and any information obt. d will be used for that purpose. This communication is from a debt collector. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish Levy Specialist (Title) (Name) of Metro Bank, garnishee herein, (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY TrI PNivy ; - Uf J-FAE Hill' MAR 18 al lJ: 09 CUM8EFLAND COUNTY PENNSYLVANIA Citibank (South Dakota) N.A. vs. James R. Giardina Case Number 2010 -7808 SHERIFF'S RETURN OF SERVICE 02/05/2014 11:00 AM - Jamie DiMartle, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to John A.M. Osborne, Customer Service Representative, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on January 10, 2014 to James R. Giardina at 981 Hummel Avenue, Lemoyne, PA 17043 -1738. 03/17/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiffs attorney. SHERIFF COST: $89.26 SO ANSWERS, March 17, 2014 (c) CountySuitc Sheriff, Te!eoseft. RONZ ANDERSON, SHERIFF 5z: 4-4 9:ri-f' ) /2" 30307s' 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. JAMES R GIARDINA Defendant and METRO BANK Garnishee r- <D : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-7808 : CIVIL ACTION - LAW Praecipe to Dissolve Attachment To the Prothonotary: Dissolve the attachment against METRO BANK, garnishee. Burton Neil & so iates, P.C. Ya D. Weinstein, Esquire orney for Plaintiff This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. C-44399 0.50 Po Al-TY 135O1 fl 3I3(o