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HomeMy WebLinkAbout11-0582OF T AR'Y HE POTHONOT 2011 JAN 20 FM I: 41 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. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. GIUSEPPE ARENA NO. 4 Oakwood Court, Camp Hill PA 17011-1547 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-46178 ? a Vb 01'?-71o C?1s s41 p ?? 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 V. GIUSEPPE ARENA 4 Oakwood Court Camp Hill PA 17011-1547 IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 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 Giuseppe Arena, who resides at 4 Oakwood Court, 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 GOLD MASTERCARD credit card with account number ending in 0385 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 $2,587.25 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 $2,587.25, 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. Sears MasterCard Call us at 1-600-669-8488 Manage your account and pay your bill at www.searscard.com Write to us at PO Box 6282 Sioux Falls, SD 57117-6282 GIUSEPPE ARE Account Number: 0385 Page 1 of 2 Summa of Account Activit y Previous Balance $2,535.14 Payments $0.00 Other Credits $0.00 Purchases $0.00 Cash Advances $0.00 Fees Charged +:25.00 Interest Charged +$27.11 New Balance $2,587.25 Past Due Amount $340.81 Credit Limit $4,500.00 Available Credit $0.00 Cash Advance Limit $900,00 Available Cash Limit $0.00 Amount Over Credit Limit $0.00 Statement Closing Date 09/07/2010 Days in Billing Cycle 30 Payment Due Date 10/04/2010 Mailed payments must be received by 5:00 M at Payment Information the address for payments by the payment due date New Balance $2,587.25 Minimum Payment Due $418.92 Payment Due Date 10/04/2010 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee up to $35.00. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you make no additional You will pay off the And you will charges using this card balance shown on this and up paying an and each month you pay... statement in about,_ estimated total of... Only the minimum payment 18 years $4,575 $87 3 years $3,135 (Savings= $1,440) If you would like information about credit counseling services, call 1-877-337-8188 Transactions Trans Date Post Date Description Amount Fees Interest Charged 09/04/10 09/04/10 LATE PAYMENT FEE 25.00 TOTAL FEES FOR THIS PERIOD 25.00 09/07/10 09/07/10 Interest Charge on Purchases 24.67 09/07/10 09/07/10 Interest Charge on Cash Advances 2.44 TOTAL INTEREST FOR THIS PERIOD 27,11 2010 Totals Year-to-Date Total Fees Charged in 2010 $142.00 Total Interest Charged in 2010 $356.02 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION This Account Is Issued by Citibank (South Dakota), N.A. Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records. Sears Mas Account Number. If"M 0385 Payment Minimum New Balance Due Date Payment Due Amount Enclosed $2,587.25 10/04/10 $418.92 0062456 ED 03 B 10250 1 TXS503 FVG 001 7 N GIUSEPPE ARENA 4 OAKWOOD CT CAMP HILL PA 17011-1547 Please make address changes on reverse side. Make check payable to 1 I I ?? SEARS CREDIT CARDS PO BOX 183082 COLUMBUS, OH 43218-3082 100 0258725 0041892 0000000 0315 EXHIBIT Information Aced Year Aeoount. Now to Avoid Paying Interest a Purchses, Your payment due date is at least 25 days after the close of each billing cycle. We will not charge you any interest an purchases if you pay your New Balance by the payment due date each month. This is called a grace period on purchases. If you do not pay the New Balance in full by the payment due date, you will not get a grace period on purchases until you pay the New Balance in full for two billing cycles in a row. We will begin charging interest on cash advances and balance transfers (if available on your account) on the transaction date. If you have a balance subject to a deferred interest promotion, that balance is excluded, except for a deferred interest balance in a billing cycle in which the promotion expires before the payment due date. (the "excluded promotional balances") from the amount you must pay in full to get a grace per od except for any separately required payment on that balance. In billing cycles in which payments are allocated to deferred interest balances first, the deferred interest balance will be reduced before any other balance on the account. However, you will continue to get a grace period an purchases so long as you pay the New Balance less any excluded promotional balances in full by the payment due date each billing cycle. In addition, certain promotional offers may take away the grace period on purchases. Other promotional offers not described above 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 payment due date. If either is the case, the promotional offer will describe what happens. Now We Calculate your Ballow Subjeet to Interest Rate. We use a daily balance method (including current transactions) to calculate interest charges. To find out more information about the balance computation method and how the resulting interest charges were determined, contact us at the "Call us at" number on the front. Interest Charged. The Interest Charged on Purchases shown on the front includes the interest charged on all purchases and balance transfers (if balance transfers are available on your account). Transaction Date. The Transaction Date shown on the statement is also the Sale Date. M 1 11 p Fee. To avoid paying this fee, 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. If Yew Accent Is &*d To The Parity APR, Now tool WIN The Penalty APR Apply? The Penalty APR will apply until you make 12 consecutive minimum payments on time and do not go over your credit limit or make a payment that is returned or do any of these things on another account that you have with us during that time period. The Penalty APR may end sooner in accordance with your card agreement, or if required by applicable law. Credit RoWlinl OkW&L If you think we reported Inaccurate information to a credit bureau write us at "Write to us at" address shown on the front. Report a Lest or Stake [lord IanodAft Call the "Call us at" number shown on the front. trot Tb loo N Van Think You Fbd a Idistake an Veuw Statement If you think there is an error on your statement, write to us at the address shown on the front where it says "Write to us at" In your letter, give us the following information: Account information: Your name and account number. Dollar amount: The dollar amount of the suspected error. k% iotton of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake. you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Y K Rights N Yon Are INssetlsNed With Your reAlt Card Pucka -? If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the address shown on the front where it says "Write to us at." While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. halm got Payment ladrucill Crediting Payments. If we receive your payment in proper form at our processing facility by 5 p.m. local time there, it will be credited as of that day. A payment received there 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 regular mail is the address on the front of the payment coupon. A payment made in-store is not sent to the correct address. The correct address for courier or express mail is the Express Payments Address shown below. Prager Form. For a payment sent by mail or courier to be in proper form, you must: Enclose a valid check or money order. No cash, gift cards, or foreign currency please. • Indode your name and account number on the front of your check or money order. If you send an elllibb check with this payment cages, you auttgrize as to complete your payment by aleetronie debit. If we do, the dmddnl aeeonnt wM he debited in the annoout on the chock We may do this as soon as the day we receive the dunk. Also, the cheek will be destroyed. Copy Fee. We charge $3 for each copy of a billing statement that dates back 3 months or more. We add the fee to the regular purchase balance. We waive the fee if your request for the copy relates to a billing error or disputed purchase. Payment Options Other Than Regular MON. Ondine Payments. Visit 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 your entire New Balance with your first online payment. Pay by Phase Service. You may use this service any time to make a payment by phone. You will be charged $14.95 if a representative of ours helps expedite your payment. 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. This address is: Payments Department, 1500 Boltonfield Street, Columbus. OH 43228. Payment most be received in proper form at the proper address by 5 p.m. Eastern 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. SMGTGI/SCUSCP/HIPs W New Address If your address has changed, please print any changes below. Name: Street Address: City, State, Zip: Phone: OI EF6O57 - 1- 07/02/10 Sears MasterCard' GIUSEPPE ARENA Account Number: XXXX XXXX XXXX 0385 Page 2 of 2 62456 YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST DUE IS SHOWN ABOVE. ARRANGEMENTS FOR FUTURE PAYMENTS SHOULD BE MADE IMMEDIATELY. Payment Due Date 10/04/2010 Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Percentage Balance Subject to Type of Balance Rate (APR) Interest Rate Interest Charge PURCHASES 12.83% (d)(v) $2,340.75 $24 67 CASH ADVANCES 14.05% (d)(v) . $210.76 $2.44 (v) = Variable Rate (d) = Daily (m) = Monthly Your past due amount may be a number. But you're definitely not. You're our customer. We value our relationship with you. Let us help you take care of your past due amount so you can avoid future late fees. We'll look at your account on an individual basis and work with you to come up with a payment solution for your unique situation. Call us and you'll find someone who's ready to listen and who can help you get back on your feet. Call us at 1-500-669-8486 Manage your account and pay your bill at www.searseard.com Write to us at PO Box 6282 Sioux Falls, SD 57117-6282 Call today to see what payment options may be available to you 1-866-518-9054 Verification Tien ? R.-ynolds 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 unworn falsification to authorities. Signature C-46178 Giuseppe Arena Account number ending in 0385 1032 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor FILED-OFFICE 1,r' ?:fl14,r1,/*'a0F THE PROTHO OTT , 2011 JAN 21 PM 12* 42 CUMBERLAND COUN PENNSYLVANIA Citibank (South Dakota) N.A. Case Number vs. 2011-582 Giuseppe Arena SHERIFF'S RETURN OF SERVICE 01/21/2011 04:53 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on January 21, 2011 at 1653 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Giuseppe Arena, by making known unto himself personally, at 4 Oakwood Court, 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. RYAN BURGETT, DEPUTY SHERIFF COST: $41.50 January 24, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF CITIBANK (SOUTH DAKOTA), N11'A. 701 East 60th Street N, Sioux Falls, $D 57117 Plaintiff i v. GIUSEPPE ARENA 4 Oakwood Court Camp Hill PA 17011-1547 Defendant Pi To the Prothonotary: : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANA .^., NO. 2011-582 CIVIL TERM CIVIL ACTION - LAW 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 defendan, and assess damages as follows: Principal: Less Credits: TOTAL Understanding that false 4904 relating to unsworn falsifi( 1. The above are the $2,587.25 $240.00 $2,347.25 S1 "°'7 rr4 ?rJyy vents herein made are subject to penalty under 18 Pa. C.S. § to authorities, I verify that: last-known addresses of the judgment debtor and creditor. 2. The annexed notice o intention to file this praecipe was mailed to all parties against whom judgment is to be entered d 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 2 1(b)(1)(A) of the Servicemembers Civil Relief Act of 2003 (SCRA), the defendant is not in he military service of the United States based on information received from the defendant and/ r the Department of Defense website. JUDGMENT BY DEFAULT E TERED AND DAMAGES ASSESSED S ABOVE. NOTICE GIVEN UNDER PA. .CIV.P. 236 Pro The law firm of Burton Neil & C-46178 30111 Burton By: I. D. NO. 203465 1 is a debt collector Neil & Ass es, P.C. Neil Sarker, Esquire Attorney for Plaintiff 060 Andrew Drive, Suite 170 West Chester, PA 19380 1911. "// 0 '0/f Jd v4r ?? Der CP 775 )7,'Y AU,r _7 1-killa /i/Ka C46178 CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. GIUSEPPE ARENA Defendant TO: Giuseppe Arena 4 Oakwood Court Camp Hill PA 17011-1547 DATE OF NOTICE: February 15, 2011 You are in default because you lu writing with the court your defenses or of days from the date of this notice, a judgm property or other important rights. You s go to or telephone the office below. This IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2011-582 CIVIL TERM : CIVIL ACTION - LAW IMPORTANT NOTICE failed to enter a written appearance personally or by attorney and file in tions to the claims set forth against you. Unless you act within ten (10) may be entered against you without a hearing and you may lose your Id take this paper to your lawyer at once. If you do not have a lawyer ice can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this 001ce may be able to provide you with information about agencies that may offer legal services to eligible personslat a reduced fee or no fee. AWYER REFERENCE AND INFORMATION SERVICE timberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 ,e No. 717-249-3166 or 800-990-9108 In making this communication, we advise debt collector. Burton Neil & Associates, P.C By: Neil Sarker, Esquire Attorney for Plaintiff Identification No. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 office is a (610) 696-2120 • - a Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 03z 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. GIUSEPPE ARENA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-582 CIVIL TERM CIVIL ACTION - LAW Rule o Civil Procedure NO. 236 (Revised) Notice is given that a J DGMENT in the above captioned matter has been entered against you G Prothonotary By: If you have any ions concerning the above, please contact: Neil Sarker, Esquire Attorney for Party Filing 106 Andrew Drive, Suite 170 Wes Chester, PA 19380 Pho e: 610-696-2120 The law firm of Burton Neil & Associates is a debt collector. rliE PPOTNONOTA.r`i 21 f 3 NOV 15 PH 1: 11 aCLM BERLANNO 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 Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : NO. 2011-582 CIVIL TERM GIUSEPPE ARENA Defendant : CIVIL ACTION-LAW Praecipe to Satisfy Judgment _ To the Prothonotary: Mark the judgment Satisfied . Burton Neil& Associates, P.C. By: Y//s' Neil Sarker, Esquire Attorney 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-46178 /318 1_4› .s*a-fi C L14 13Li 341 Ptc$97)Litt