HomeMy WebLinkAbout11-9317'LED
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Burton Neil & Associates, P.C.
By: Edward J. O'Brien, Esquire ID. NO. 32985
1060 Andrew Drive, Suite 170
West Chester, PA 19380
(610) 696-2120
Attorney for Plaintiff
CITIBANK, N.A.
701 East 60th Street N
Sioux Falls, SD 57117
Plaintiff
V.
GLENN A GROSS
521 Reno Street
New Cumberland PA 170701959
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. I }- 4 3n 01w,
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-55240 / 304
9.q.60 ?
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# /// 439
Complaint
1. Plaintiff is CITIBANK, N.A. with place of business located at 701 East 60th Street
BURTON NEIL & ASSOCIATES, P.C.
By: Edward J. O'Brien, Esquire, Id. No. 32985
1060 Andrew Drive, Suite 170
West Chester, PA 19380
610-696-2120
Attorney for Plaintiff
CITIBANK, N.A. IN THE COURT OF COMMON PLEAS
701 East 60th Street N
Sioux Falls, SD 57117
Plaintiff
V.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
GLENN A GROSS
521 Reno Street
New Cumberland PA 17070-1959
Defendant CIVIL, ACTION -LAW
North, Sioux Falls, South Dakota.
2. Defendant is Glenn A Gross who resides 521 Reno Street, New Cumberland PA
17070-1959, 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. Defendant obtained extensions of credit from Citibank, N.A., successor in interest to
Citibank (South Dakota), N.A., by means of a Sears credit card account (hereafter the Account)
with account number ending in 7040.
5. Citibank (South Dakota), N.A. merged into Citibank, N.A. in or about July 2011.
6. Accurate records of all debits and credits to the Account were maintained by plaintiff.
7. Defendant was provided with monthly statements for the Account including the billing
statement attached hereto as Exhibit A (redacted to remove confidential information). The
monthly statements accurately stated the previous balance and the debits and credits to the
Account for the prior billing period.
8. Defendant had for many months after receipt of a billing statement made payment on
the Account or retained the statement without payment.
9. Defendant retained the Exhibit A statement without making payment by the stated due
date.
10. Defendant's assent to the Account balance set forth in the Exhibit A statement is
manifested through the prior conduct of defendant either making payment on the Account or
retaining the statement without payment, after receipt of the monthly billing statements.
11. As a result of said assent, an account stated for the sum of $8,604.96 exists 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 $8,604.96, and
the costs of this action.
Burt fates, P.C.
By:
n e& and . O;Rrien, Esquire
Attorney for Plaintiff
In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector.
y
Sears Sears MasterCard"
Account Statement
Send Ndload a>tllttt rorera and ctwmw b ll@s b**%@ tar
SEARS CREDIT CARDS
PO Bar 6262, Sioux Falls, SD 671178292
Gustorner Samoa:
serea"oom
Account Inquiries:
t-0004aY4iea
Summmy of Account Act/vl Payment Information
Previous Balance 381,98 New Balance 804.98
Payments .00 Minimum Payment Due $1,937.70
Other Credits .00 2011
Payment Due Date September 12
Purchases .00 ,
Cash Advances .00 Lett Paynwd Wan kM- If we do not receive, your minimum ptltyment by Vw
F Chweed +115.00 date lined above, you may have to pay a late be up b $35.
+ 1 7, Minimum Prpvmd Wannkm:. If you make only ft minimum payment each
New Balance $8,804,98
Past Due Amount $1,022.78 pwood, you will pay more In interest and 9 will take you longer to pay off your
bWrtce. For eownple:
i y ^
1Htr?itri# ? arJ ttilii ? .
Credit Limit
Available Credit $O.QQ
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22
834
$22
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Cash -Advance Wmft $0.00
Available it $343 3 yeah $12,344
470)
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ment Closin NO 08/16/2011 Ir you would as kilomiallon about crag counselln 6ervioee, cd 1-977-337-8188.
talls M Closing Date 09/15/2011
p
n BNNn Cycle 32
Days
T RANSACTfONS
Trsne Dell Description Rstsrsnes 0 Amount
FEES
08112 LATE WEE $ 35.00
TOTAL FEES FOR THIS PERIOD t; 35.00
Things happen and sometimes you can get behind on your account.
That's when we can help. Life is unpredictable and sometimes, even with the best intentions, you can get behind on your account.
We understand that and want you to know that we are here to assist you in bringing your account up to date. We're here to help
with solutions for you to consider.
Let us work with you to find a solution that may help you bring your account current.
m Call 1-866.518-9054 today.
Bugg
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Pees 1014 This Aeoount Is WWW by Ck bank, N.A.
-----------------------------------------------------------------------------------------------------------------------------
+ Please dnaoh this portion and Mum with your payment to Insure proper credit. Retain upper portion for you noorda.
IAM Pay
Sears MasterCard" SE SE R Chooks "?:
ARS CREDIT CARDS
Pan Due Amount in Included in the Minimum Payment Due.
PrymsM Due Dab New Balanw Past Due Amourttl Minimum Paymsrtt Due Amount Enclosed
SEPTEMBER 12, 2011 $8,804.98 $1,022.78 $1,937.70 $
SANE STAMPS, TIMEaaa AND TREESI Vls4 Account Online and register now for Online Bill Pay,
Pawless Statements and More.
021 '7040 0860496 0193770 0019000 091 000 9
SEARS CREDIT CARDS
PO BOX 183082
GLENN A GROSS COLUMBUS, OH 43218-3082
521 RENO ST
NEW CUMBERL.ND, PA 17070.1959
EXHIBIT
Print address ehanpee above in blue or bladr ink.
Information About Your Account.
How to Avoid Paying Interest on Purchases. Your payment due date is at
least 25 days after the close of each billing cycle. We will not charge you any
interest on 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 and that
promotion does not expire before the payment due date, that balance (the
"excluded promotional balance") is excluded from the amount you must pay
in full to get a grace period. However, you must still pay any separately
required payment on the excluded promotion. 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 on 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.
How We Calculate Your Balance Subject 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 Account Inquiries number on the front.
Balance Transfers. Balance transfer amounts are included in the
"Purchases" line in the Summary of Account Activity (if balance transfers are
available on your account).
Transaction Date. The Transaction Date shown on the statement is also the
Sale Date.
Credit Reporting Disputes. If you think we reported inaccurate information
to a credit bureau write us at the Customer Service address shown on the
front.
Report a Lost or Stolen Card Immediately. Call the Account Inquiries
number shown on the front.
What To Do If You Think You Find a Mistake on Your Statement
If you think there is an error on your statement, write to us at the Billing
Errors address shown on the front.
In your letter, give us the following information:
• Account information: Your name and account number.
• Dollar amount: The dollar amount of the suspected error.
• Description 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.
Proper 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.
Include your name and account number on the front of your check or
money order.
If you send an eligible check 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 $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 Mail.
• Online Payments. Visit the web address on the front 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.
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.
Your Rights It You Are Dissatisfied With Your Credit Card Purchases
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:
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.)
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.
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 Billing Errors address shown on the
front.
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.
Important Payment Instructions.
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.
EM SMC/TGI/SCC/SCP/HIPs 08/11
T01206-1238-5300-0020-9-E-90-X-0Si01/10-47--B-0--5-0-0-0SRSCHMSG-- 04/30/11-GDAB-July 15, 2011-V
Pay by Phone 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 must 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.
Page 2 of 4
Account: **** **** **** 7040
TRANSACTIONS (cont.)
Trans Date Description Reference # Amount
INTEREST CHARGED
08/16 INTEREST CHARGE ON PURCHASES $ 182.48
08/16 INTEREST CHARGE ON CASH ADVANCES $ 5.50
TOTAL INTEREST FOR THIS PERIOD $ 187.98
2011 1"otal Y4at4-' 6?baty
Total Fees Charged in 2011 $115.00
Total Interest Charged in 2011 $1,031.65
INTEREST CHARGE CALCULATION
'tyc?:0at4utt Your Annual Percentage Rate (APR) is the annual Interest rate on your account.
grlntlatPrcetltggittauit.(!1?Pi#) SIYe,>tirtKa?a;
lC
PURCHASES
REGULAR 25.240/6 (DIM $8248.87 182.48
CASH ADVANCES
REGULAR 27.15% D $231.21 .50
V = Variable Rate D = Daily
REWARDS SUMMARY
Previous Points Balance 0
Points Earned 0
Points Adjusted 0
Points Redeemed 0
Ending Points Balance 0
Page 3 of 4
,<><- -" -w 7040
Your New Statement: Clear. Concise. Easy to read.
Clear.
Statements are written in everyday language that you'll be able to read and understand. They show you how much you've spent,
how much you owe, when you owe it and how long it will take you to pay it off.
Concise.
The information is "bucketed" into sections that make it easy to find what you're looking for and is written in normal, everyday language.
Easy to read.
The words themselves are in a large and easy-to-read typeface.
---------------------------------------------
Transactions
Gearly see the activity that occurred to
create your monthly balance: purchases,
payments and credits, fees and interest
for the billing cycle
Promotions Section
Customer-friendly summary
with promotions listed in order
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Summary of Account Activity
Monthly account activity-payments, credits, fees, and
interest charged
Account Number/Contact Information
Payment Information
Your balance, minimum payment and due date
Payment Calculator
An estimated time it will take to pay off your balance when
making the minimum payment and how much you should
pay each month to pay off your balance in 36 months
sears VAWtWC.W CuslDrrorServioo:
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Pwrant Due D!b Montt DD, YYYY
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Page 4 of 4
Verification
Lisa Bltxnef
am employed by Citicorp Credit Services, Inc. (USA)
(hereafter CCSI), a subsidiary of Citibank, N.A. (hereafter Citibank), which is successor in
interest to Citibank (South Dakota), N.A. CCSI is a service provider for Citibank in that it
services credit card accounts owned by Citibank This includes accounts previously owned by
Citibank (South Dakota), N.A. which merged into Citibank in or about July 2011. I am
authorized to make this verification on behalf of Citibank. 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.
-r s
Y
Signature
C-55240
Glenn A Gross
Account number ending 7040
1032
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson FILED-OF iCL
Sheriff OF THE PROTHONOTARY
Jody S Smith
Chief Deputy 20I2 SAN _3 AM la; 35
,
Richard W Stewart CUMBERLAND COUNTY
Solicitor'`- PENNSYLVANIA
Citibank, NA Case Number
vs. 2011-9317
Glenn A. Gross
SHERIFF'S RETURN OF SERVICE
12/22/2011 04:23 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on
December 22, 2011 at 1623 hours, he served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Glenn A. Gross, by making known unto himself perso lly, at 521 Reno
Street, Apartment E, New Cumberland, Cumberland County, Pennsylvania 17070 it ntents and at t
same time handing to him personally the said true and correct copy of the sye.
CK, DEPUTY
SHERIFF COST: $45.00
December 30, 2011
SO ANSWERS,
J
RON R ANDERSON, SHERIFF
(c,i ?-o Un4 Sute She, (, TeI?C.i O`I, Inc
CITIBANK, NA
Plaintiff,
VS.
GLENN A GROSS
M _)R T ?
2312 JAN 24 PM 12:1
IN THE COURT OF COMMON PLEAS
Defendant
moo- I-.s- 4 - --- Z?'l Z G I Z_
CUMBERLAND COUNTY, PENNSYLVANIA
Case No. 11-9317 Civil
DEFENDANT GLENN GROSS ANSWER AND AFFIRMATIVE DEFENSES
Defendant, GLENN GROSS, (hereinafter Defendant), hereby files their Answer and Affirmative
Defenses to Plaintiff's Complaint and states as follows:
l.) Defendant is without knowledge.
2.) Admitted.
3.) Admitted.
4.) Defendant is without knowledge and therefore denies and demands strict proof thereof.
5.) Defendant is without knowledge and therefore denies and demands strict proof thereof.
6.) Defendant is without knowledge and therefore denies and demands strict proof thereof.
7.) Defendant is without knowledge and therefore denies and demands strict proof thereof
8.) Defendant is without knowledge and therefore denies and demands strict proof thereof.
9.) Defendant is without knowledge and therefore denies and demands strict proof thereof.
10.) Defendant is without knowledge and therefore denies and demands strict proof thereof.
11.) Defendant is without knowledge and therefore denies and demands strict proof thereof.
WHEREFORE, Defendants pray that this Court dismiss Plaintiff s Complaint with prejudice; award this
Defendant fees and costs and for all other relief to which this Defendants proves entitled. Defendants
does hereby ask this court to deny the award of attorney fees, costs, interest, advances and for such other
and further relief that this court deems proper. Defendants does hereby request this court find for
Defendants in denying a judgment or granting any deficeincy judgment that Plaintiff may be request or be
entioteld to as a matter of law. Defendants does hereby request this court to find for Defendants and grant
a full satisfaction of the debt.
Affirmative Defenses
Defendant's First Affirmative Defense
Plaintiff has failed to state a claim upon which relief can be granted. Plaintiff's Complaint and each
cause of action therein fails to state facts sufficient to constitute a cause of action against Defendant for
which relief can be granted.
Defendant's Second Affirmative Defense
Plaintiff's Complaint violates the statute of Frauds as the purported contract or agreement falls within
a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in
the complaint is not in. writing and signed by the Defendant or by some other person authorized by the
Defendant and who was to answer for the alleged debt, default or miscarriage of another person.
Defendant's Third Affirmative Defense
Defendant claims Lack of Privity as Defendant has never entered into any contractual or
debtor/creditor arrangements with the Plaintiff.
Defendant's Forth Affirmative Defense
Defendant alleges that Plaintiff's Complaint, and each cause of action therein is barred by the
Doctrine of Estoppel, specifically Estoppel in Pais.
Defendant's Fifth Affirmative Defense
Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at
a later date.
`WHEREFORE, based upon one or more of the affirmative defenses set forth above, Defendant, GLENN
GROSS, is entitled to a release and satisfaction of the debt and dismissal of the claim with prejudice.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Defendant's Requests for Production has
been furnished by U.S. Mail to Edward O'Brien 1060 Andrew Dr Suite 170 West Chester, PA 19380 on this 9
day of December, 2011.
w Glenn Gross, Pro Se 2? Z
"I'LED-OFFICE
O The FO;OTHONOTAR
202 FEB 13 FM 1: 29
OO 'g NERLAD COUNTY
BURTON NEIL & ASSOCIATES, P.C.
By: Edward J. O'Brien, Esquire, Id. No. 32985
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.
GLENN A GROSS
NO. 11 - 9317 CIVIL TERM
Defendant : CIVIL ACTION - LAW
PLAINTIFF'S REPLY TO DEFENDANT'S UN-NUMBERED AFFIRMATIVE
DEFENSES
Plaintiff, by its counsel Burton Neil & Associates, P. C. hereby replies to defendant's
unverified new matter, served on plaintiff's counsel with neither notice to plead nor notice to
defend, or so much thereof as is relevant as follows:
REPLY TO FIRST AFFIRMATIVE DEFENSE
Denied as conclusions of law to which no further response is required. By way of further
response, this paragraph pleads no facts so it is denied under Pa. R. C. P. 1029( d ).
REPLY TO SECOND AFFIRMATIVE DEFENSE
Denied as a conclusion of law to which no further response is required. To the degree
this allegation is deemed factual, defendant's use of and payments tendered on account of this
credit card balance take the matter out of the statute of frauds by reason of part performance.
REPLY TO THIRD AFFIRMATIVE DEFENSE
Denied as conclusions of law to which no further response is required. By way of further
response, this paragraph pleads no facts so it is denied under Pa. R. C. P. 1029( d ). By way of
further response, plaintiff incorporates herein by reference the averments of complaint
paragraphs 4 and 5 .
REPLY TO FOURTH AFFIRMATIVE DEFENSE
Denied as conclusions of law to which no further response is required. By way of further
response, this paragraph pleads no facts so it is denied under Pa. R. C. P. 1029( d )
REPLY TO FIFTH AFFIRMATIVE DEFENSE
Denied as conclusions of law to which no further response is required. By way of further
response, this paragraph pleads no facts so it is denied under Pa. R. C. P. 1029( d ). Finally, as a
matter of law, defenses not plead are waived under Pa. R. C. P. 1032( a) and the exclusive
means to amend pleadings is set forth in Pa. R. C. P. 1033.
WHEREFORE, plaintiff moves the Court enter judgment for it and against defendant as
per its complaint.
BURTON EIL &A SOCIATES, P.C.
By:
Edward . O'Brien, E uire
Attorney for Plaintiff
NOTICE: Burton Neil & Associates, P.C. is a debt collector.
C-55240
Verification
1, Sherri Smith , am employed by Citibank, N.A. (hereafter Citibank), which
is successor in interest to Citibank (South Dakota), N.A. This includes accounts previously
owned by Citibank (South Dakota), N.A. which merged into Citibank in or about July 2011. I
am authorized to make this verification on behalf of Citibank. The statements of facts set forth in
the pleading 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.
f
Signature
Glenn A. Gross
Account now ending in 7040
C-55240
Burton Neil & Associates, P.C.
By: Edward J. O'Brien, Esquire ID. NO. 32985
1060 Andrew Drive, Suite 170
West Chester, PA 19380
610-696-2120
Attorney for Plaintiff
CITIBANK, N.A.
Plaintiff
V.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 11-9317
GLENN A GROSS
Defendant
CIVIL ACTION - LAW
Certificate of Service
I, Edward J. O'Brien, Esquire do hereby certify that I served a true and correct copy of the
within Reply to New Matter on pro se defendant, Glenn A Gross at his address of record via first
class mail, postage prepaid on the date set forth below.
Date:
Burto .1 s ciates, P.C.
By: `
Edwar J. O'Brien, Esquire
Attorney for Plaintiff
The law firm of Burton Neil & Associates is a debt collector.
C-55240
Burton Neil & Associates, P.C.
By: Edward J. O'Brien, Esquire ID. NO. 32985
1060 Andrew Drive, Suite 170
West Chester, PA 19380
Telephone: 610-696-2120
Attorney for Plaintiff
CITIBANK, N.A.
V.
GLENN A GROSS
Plaintiff
Defendant
To the Prothonotary:
E r i' ri r, ?
IBERLA?Jo tLr! '( q
-'EPJJSYLVIN A?1??Y
'
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 11-9317
CIVIL ACTION - LAW
Praecipe for Entry of Judgment on Stipulation
Pursuant to the authority set forth in the attached agreement between the plaintiff and
defendant, enter judgment on behalf of the plaintiff, CITIBANK., N.A., and against the
defendant, GLENN A GROSS and assess damages in the sum of $8,604.96, plus costs.
Burton Neil & sociates, P.C.
14d O'Brien, Esquire
A torn s for Plaintiff
And now, this )I day of , 201 , judgment is entered on behalf of the plaintiff,
CITIBANK, N.A. and against the defendant, GLENN A GROSS, in the sum of $8,604.96, plus
costs.
Prothonotary C E z D County
Deput
The law firm of Burton Neil & Associates is a debt collector.
C-55240
lu. SO
?IL Ily900s
a r
Burton \t,_, &- Associates, P.C.
Bv:.F,dwarj J. O'Brien; Esquire TD_ NO. 32985
10610 Am-'rc,,v Drive, Suite 170
`ti'vcs: Chester. PA lQ380
610-696-2.120
Attomew- nor Plaintiff
C1TIBANi K, N.A. ? IN THE COURT OF COMMON PLEAS
Plaintiff
CUMBERLAND COtiNTY, PENNSYLVANIA
GLf- A GROSS
NO. 11-9'317
Defendant ; CIVIL, ACTION - LAW
Settlement Agreement with Stipulation for Entry of Judgment
This; Settlen tnt Agreement is made by and between plaintiff CITIBAM:, N.A.
(hercinafier referred v) as "Citibmik") mid deffmIalt Glenn .A Crross. (hereinafter referred to as
I hercas, Citibank filed legal action against Gross seeking recovery for the balance owed
on credit ?rd account no, xxxx-xxx?-xxxx-7040 (hereafter "the Accowit") in the swig of
S? E04.?)6
Pius cmzi costs in the sum of 5137.00 (hereinafter 'the Litigation"); ai
id
1i r_reas. Gross act zlowledges liability on the Account. to Citibank but is not able to pay
the ?irnou )t Otte in the. Litigation lump sum.' and
V, herea-s, Citibank and Gross by this Settlement Agreement intend to resolve the Account
rid the. Litigation in the manner set forth hereinafter.
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 f rliovv5
1. t_IroSS agrees that judgment ma`- be entered or. behalf of Citibank and against Gras; for
the Limor-u:t due in tht Litigation as set: forth above. Interest will accrue on the judgment at 61/1?0
f vi: _ the cl<,: e it is entered on the records of the court.
?. Citibank aynecs to accept and Gross agrees to pay the stun of 53,800.00 without
into est in fill and complete satisfaction of the judgment in installraent payments, as follows:
a. An initial payment of $380.00; followed by
b. 28 payments of $117.90 each; and
4, A final payintnt of $118.80
3. The paynzents'Will be due on the 15th day of each month beCiiming February 15, 2012
by c'.ietk pa., able to CitibmI, The checks are to be mailed to Burton Neil & Associates, P.C. at
1060 Andrew ,Drive, Suite 170, Jest Chester, PA 19380.
4. Citibank a4+rces to take no action on the jud-n- at provided paynie its are n? ode b4-
Gio s in z-ccordance with this agreement.
5. \Vhen the Settlement is paid, Citibank will file with the court a pra.ecipe to mark the
judgment sa:dsficcl.
6, 'Should default occur, the full judgment. amount including accrued interest will be clue
and ±,,ving less credit for all paments made by Gross pursuanlt to this agreement. "Default" shall
nica n any of the following: Gross's failure to make a required payment due hereunder by the due
date or a chuck being returned NSF.
7. Whene:? er $600.00 or more of a debt is forgiven as a result of settling a debt for less
than the bal-Mice owil g. the creditor, Citibank-, may be required to report the amount. of the delft
forgiven to the Internal Revenue :service on a 1099c form,, a copy of which would be m Bled to
vuu h? / tlv c :,,editor, Citibank. Cross is encouraged to consult with a legal or flax advisor if there is
unc(:rtai.w, regrading the tLrx consequences.
hz ,fitness hereof, the parties hereby execute this Settlement Agreement intending to be
boulI I le 11-; th.cye,b,"- A facsimile signat)ae shall have the same force Mid effeci as ,gin. {original
Si?nati?re
13l'I"(OIl , ?l? cE bUC 1 t%S; P.C.
Ldw,i?`, r, G'Brien, i squire t?icran A t_Tross
Atto -ney for Ciaihank- Date-: 2
Inn ikirr t ?is commullication, we advise oiYr fine is a debt collector.
Burton Neil & Associates, P.C.
By: Edward J. O'Brien, Esquire ID. NO. 32985
1060 Andrew Drive, Suite 170
West Chester, PA 19380
610-696-2120
Attorney for Plaintiff
CITIBANK, N.A.
701 East 60th Street N,
Sioux Falls, SD 57117
Plaintiff
V.
GLENN A GROSS
521 Reno Street Apt: E
New Cumberland PA 17070-1959
Defendant
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 11-9317
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 Ai ates, P.C.
f
C
By:
Ed ar J. O rien, Esquire
Attorney for Plaintiff
The law firm of Burton Neil & Associates is a debt collector.
Burton Neil & Associates, P.C.
By: Edward J. O'Brien, Esquire ID. NO. 32985
1060 Andrew Drive, Suite 170
West Chester, PA 19380
610-696-2120
Attorney for Plaintiff
CITIBANK, N.A.
Plaintiff
V.
GLENN A GROSS
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 11-9317
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 8c iates, P.C.
By:
ward J. O'Brien, Esquire
Attorney for Plaintiff
The law firm of Burton Neil & Associates is a debt collector.
Burton Neil &. Associates, P.C.
By: Edward J. O'Brien, Esquire ID. NO. 32985
1060 Andrew Drive, Suite 170
West Chester, PA 19380
610-696-2120
ATTORNEY FOR: Plaintiff
CITIBANK,, N.A. IN THE COURT OF COMMON PLEAS
Plaintiff
CUMBERLAND COUNTY. PENNSYLVANIA
V.
GLENN A GROSS
NO. 11-9317
Defendant : CIVIL ACTION - LAW
Rule of Civil Procedure NO. 236 (Revised)
Notice is given that a JUDGMENT in the above captioned matter has been entered
against you on a 1 I I1 G'
Prothonotary
w
By:
Deputy -
If you have any questions concerning the above, please contact:
Edward J. O'Brien, 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.