The URL can be used to link to this page

Home My WebLink About12-2152lip, PM, 1: 41 '114BERL4AND COUNTY PENNSYLVANIA Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 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 : CUMBERLAND COUNTY, PENNSYLVANIA V. JOYCE DRAPER NO. I a- a i 5 L V< 6260 Run Cross Lane Enola PA 170:251295 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-47108 / 304 WA 1% 1D3.>S? ?- X73 y3 S 1?i! t ? ,t BURTON NEIL & ASSOCIATES, P.C. Neil Sarker, Esquire, Id. No. 203465 Brit J. Suttell, Esquire, Id. No. 204140 1060 Andrew Drive, Suite 170 West Chester., PA 193 80 610-696-2120 Attorney for Plaintiff CITIBANK, N.A. IN THE COURT OF COMMON PLEAS 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. JOYCE DRAPER 6260 Run Cross Lane Enola PA 170251295 : CUMBERLAND COUNTY, PENNSYLVANIA : NO. Defendant : CIVIL ACTION -LAW Complaint 1. Plaintiff is CITIBANK, N.A. with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Joyce Draper who resides 6260 Run Cross Lane, Enola, 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 credit card account (hereafter the Account) with account number ending in 0774. 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 $9,972.86 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 $9,972.86, and the costs of this action. Burton ei Associates, P.C. y: i Sarker, Esquire By: Brit J. Suttell, Esquire In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. C-47108 / 205 www. ci tvi cards. com /1a 0774997286972865906 Citi 0774 1/01/10 $9972.86 $9472.86 32 V1 0101 1 MC 4 JOYCE DRAPER 6260 RUN CROSS LN ENOLA 17025-1295000 Citi Simplicity" Card CITI CARDS P.O. BOX 182564 COLUMBUS, OH 43218-2564 PA Account Number: 0774 Customer Service: 1-866-696-5673 www.citicards.c(-... BOX 6500 SIOUX FALLS, SD 57117 Summary of Account Activity Previous Balance $9,889.28 Payments 0.00 Other Credits 0.00 Purchases + 0 Cash Advances + 18:8 0 Fees Charged + 0.00 Interest Charged +$83.58 New Balance $9,972.86 Past Due Amount $765.44 Amt. Over Credit Limit $362.86 Credit Limit $9,610 Available Credit Cash Advance Limit $8,400 Available Cash Limit Statement Closing Date 10/05/2010 Days in Billing Cycle 32 Payment Information Payment must be received by 5:00 PM local time on the payment due date. New Balance 9,972.86 Minimum Payment Due 9,972.86 Payment Due Date 11/01/2010 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $35 and your APRs may be increased up to the variable Penalty APR of 29.99 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 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... Only the minfmum payment 1 month(s) $9,973 If you would like information about credit counseling services, call 1-877-337-8188. Sam Date Pact Dow Cathay AatlvNy an o* Lest Stdon"M Amami 10/05 Fees LATE FEE WAIVED 25.00 0.00 TOTAL FEES FOR THIS PERIOD 0.00 10/05 Interest Charged 10/05 INTEREST CHARGED TO STANDARD PURCH 29.64 INTEREST CHARGED TO OFFER-007 53.94 TOTAL INTEREST FOR THIS PERIOD 83.58 2010 Totals Year-to-Date Total Fees charged in 2010 78.00 Total Interest charged in 2010 675.20 We are glad to inform you that your late fee has been waived. We'll waive late fees as long as you've made a purchase or cash advance in the same billing period that the payment is due. Please understand that balance transfers do not qualify. While we know that things may get in the way paying on time we recognize your desire to maintain a good credit history. Your APIs may increase if your payment is late. A late payment may negatively affect both your account terms and your credit report. Thank you for choosing the Citi Simplicity(SM) Card. EXHIBIT SEND PAYMENTS TO: PLEASE REFER TO THE REVERSE SIDE OF THE ORIGINAL STATEMENT FOR PAYMENT INFORMATION. 92 www.citicards.com 32 V1 0101 1 MC 4 JOYCE DRAPER C tl® sw Deft Pmt Daft calawy ANIMY 61rw Leo $%%wNM Amm, 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. Please be sure to pay on time. If you submit your payment by mail, we suggest you mail it no later than 10/25/2010 to allow for enough time for regular mail to reach us. Interest Charge Calculation Your Annual Percentage We (APR) Is the annual Interest rate on your account. Annual Percentage Balance Subject to Type of Balance Rate (APR) Interest Rate Interest Charge PURCHASES Standard Purch Offer 7 29.990%(V) 6 99076 51,127.53(D) :29.64 ADVANCES . E8.802.14(D) $53.94 Standard Adv 29.990%(V) $0.00(D) $0.00 SEND PAYMENTS TO: 92 PLEASE REFER TO THE REVERSE SIDE OF THE ORIGINAL STATEMENT FOR PAYMENT INFORMATION. Verification I, Tiena Reynolds , 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 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. d ?/ISGti t.? Signature C-47108 Joyce Draper Account number ending 0774 1000 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson + Lb- . JI r v >. Sheriff 7;' Jody S Smith ` Chief Deputy () 12 APR 23 PM 12: 11 Richard W Stewart Solicitor CUMBERLAND GOUNT i' PENNSYLVANIA Citibank, NA Case Number vs. Joyce M. Draper 2012-2152 SHERIFF'S RETURN OF SERVICE 04/16/2012 05:41 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 16, 2012 at 1741 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Joyce M. Draper, by making known unto Ben Draper, Husband of Defendant at 6260 Run Cross Lane, Enola, Cumberland County, Pennsylvania 17025 its con nts and at the same time handing to him personally the said true and correct copy of the same. s )AWN HAR . ON, EPUTY SHERIFF COST: $43.00 April 18, 2012 SO ANSWERS, RON ? R ANDERSON, SHERIFF CITIBANK, N.A. _ ?' S a r IN THE COURT OF COMMON PLEAS 701 East 60th Street N, re Sioux Falls, SD 57117._ Plaintiff " CUMBERLAND COUNTY, PENNSYLVANIA ?d!?SYI2'At N ? V. JOYCE DRAPER 6260 Run Cross Lane Enola PA 170251295 Defendant To the Prothonotary: NO. 2012-2152-CIVIL, CIVIL ACTION - LAW Praecipe for Default Judgment Please enter judgment by default for want of an answer in the above case in favor of the plaintiff and against the defendant, and assess damages as follows: Principal: TOTAL $9,972.86 $9,972.86 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 DAM ES ES&S AS ABOV . NOTICE 41 N U .R.CIV. Pro Prot o otarv Burton Neil & As tes, P.C. By: Neil Sarker, Esquire Attorney for Plaintiff I.D. NO. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C-47108 / 221 aat lb.sopd z*a7s8s.2 NahU ?,?u1ed CITIBANK, N.A. IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-2152-CIVIL, JOYCE DRAPER Defendant : CIVIL ACTION - LAW TO: Joyce Draper 6260 Run Cross Lane Enola PA 1 7025 1 295 DATE OF NOTICE: May 09, 2012 IMPORTANT NOTICE C-47108 / 265 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 affdrd 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 In making this communication, we advise our office is a debt collector. Burton Neil & Associates, P , By: Neil Sarker, Esquire Attorney for Plaintiff Identification No. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 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 N.A. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JOYCE DRAPER NO. 2012-2152-CIVIL 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 S? O) 9 1 1 Prothonotary By: eputy If you have any questions concerning the above, please contact: Neil Sarker, 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. CITIBANK, N.A., Plaintiff V. JOYCE DRAPER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 2012-2152 CIVIL DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT AND NOW comes, Joyce Draper, by and through her privately retained attorneys, Rominger and Associates, and in support of her Answer avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied and strict proof of the same is demanded at trial. 7. Denied in part and admitted in part. It is admitted that Defendant was provided with monthly statement for the Account, but it is denied that the monthly statement accurately stated the previous balance, debits, and credits, and strict proof of the same is demanded at trial. 8. Denied and strict proof of the same is demanded at trial. 9. Denied and strict proof of the same is demanded at trial. 10. Conclusion of law that requires no answer, to the extent an answer is required, it is denied and strict proof of the same is demanded at trial. 11. Conclusion of law that requires no answer, to the extent an answer is required, it is denied and strict proof of the same is demanded at trial. WHEREFORE, Defendant requests judgment in her favor. Date: Respectfully Submitted, Rominger & Associates ?_,=- .k _. ? U=ILL- Lee Mandarino, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 312895 Attorney for Defendant CITIBANK, N.A., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA A. : CIVIL ACTION - LAW JOYCE DRAPER, Defendant : NO. 2012-2152 CIVIL CERTIFICATE OF SERVICE I, Lee Mandarino, Esquire, certify that I this day served a copy of the within Defendant's Answer to Plaintiffs Complaint, upon the following, by depositing the same in the United States Mail, postage pre-paid, via first class delivery, addressed as follows: BURTON NEIL & ASSOCIATES Neil Sarker, Esquire Brit j. Suttell, Esquire 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Respectfully Submitted, Rominger & Associates i \\ Date: L c?- try Lee Mandarino, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 312895 Attorney for Defendant CITIBANK, N.A., PLAINTIFF V. JOYCE DRAPER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-2152 CIVIL ORDER OF COURT AND NOW, this 11th day of June, 2012, upon consideration of Joyce Draper's Petition for Relief from Default Judgment; IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule shall issue upon Plaintiff Citibank, N.A. to show cause why the relief requested by the Defendant should not be granted; 2. Plaintiff shall file an Answer to the Petition on or before June 29, 2012; 3. Upon examination of the Answer filed by Citibank, N.A., it will be determined whether or not a hearing and/or argument will be held on the matter. By the Court, ? Neil Sarker, Esquire Brit J. Suttell, Esquire For Plaintiff Lee Mandarino, Esquire For Defendant (-r-q' bas w.a..'Ied Lll ilia AV- ti'-f -4-M C --1 ew ; ?011 ??R JUL _2 ? AM 9:43 Cl PEWS YNO cow Ty CVA NIA BURTON NEIL & ASSOCIATES, P.C. Neil Sarker, Esquire ID. No. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 CITIBANK, N.A. V. JOYCE DRAPER Plaintiff Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-2152 : CIVIL ACTION - LAW Answer to Petition to Open Default Judgment 1. Admitted. 2. Admitted. 3. After a reasonable investigation plaintiff is without knowledge or information sufficient to form a belief to the truth of the averment. The allegation is denied pursuant to 1029(c). 4. Admitted. 5. Admitted. 6. No response required. 7. Denied. There would be no unfairness to defendant by the judgment remaining in place since defendant's proposed answer (Attached as Exhibit A to defendant's petition to open) contains only explicit admissions and general denials with demands for strict proof. Under Pa. R. C. P. 1029, defendant's pleading thereby admits all of the complaint averments resulting in there being no genuine issue of material fact. The proposed answer admits the complaint, and thereby fails to constitute a meritorious defense to plaintiff s action. WHEREFORE, respondent respectfully requests this Honorable Court to deny the defendant's petition to open default judgment. BURTON NEIL & ASSOQfATES, P.C. By: Neil Sarker, Attorney for 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, N.A. IN THE COURT OF COMMON PLEAS Plaintiff V. : CUMBERLAND COUNTY, PENNSYLVANIA JOYCE DRAPER : NO. 2012-2152-CIVIL Defendant : CIVIL ACTION - LAW Certificate of Service I, Neil Sarker, Esquire do hereby certify that I served a true and correct copy of the within Answer to Petition to Open Default Judgment on defendant's counsel, Lee Mandarino, Esquire at his address of record via first class mail, postage prepaid on the date set forth below. Date: ?q l ti Burton Neil & Associa s, P.C. By: Neil Sarker, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-47108