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HomeMy WebLinkAbout12-2553, - a ,.,J I tlt,JtgO 1t?14' :t 2612 APR p5 Ai t l . E ' 3"IBERLAFp COUN r,"' 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. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. DEVLIN D JACK 802 Sherwood Road New Cumberland PA 17070-1450 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA _a s s3 8-o"I NO. I : 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-37014 / 304 Qk}5iu5.7* tkl19f21q g? a7yaaa BURTON NEIL & ASSOCIATES, P.C. Edward J. O'Brien, Esquire, Id. No. 32985 Brit J. Suttell, Esquire, Id. No. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attomev for Plaintiff CITIBANK, N.A. IN THE COURT OF COMMON PLEAS 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. DEVLIN D JACK : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 802 Sherwood Road New Cumberland PA 17070-1450 Defendant CIVIL ACTION -LAW Complaint Plaintiff is CITIBANK, N.A. with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Devlin D Jack who resides 802 Sherwood Road, New Cumberland, 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 7918. 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 $6,624.04 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 $6,624.04, and the costs of this action. gBon it Associates, P.C. $y: E and J. O'Brien, Esquire By: Brit J. Suttell, Esquire In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. C-37014 / 205 Sears MasterCard' Call us at 1-800409-MM Go to rrerw.aearvowd.com write to us at PO Bone 9994 81wm Fade, so 11171174= DEVON 0 JACK Account Number: ; 7915 Psymeat Due Date Page 1 of 2 Your Account Summa Billing Cycle Closing Date OW16/09 Your past due amount may be a number. Amount Over Credit Line $1,024.04 M you're del y not. Amount Past Due $1,138.67 Current Minimum Due $265.46 ?.e Cull 1-866-7r8-WS4 today Total Minimum Due $2,428.17 . And we'll help you with a payment solution. ? Previous Balance $6,386.58 Payments & Credits $0.00 You're our customer: We value our relationship with you. Purchases & Debits $0.00 So let us help you take care of your past due amount Other Charges $78.00 and avoid future late fees. We'll look at your account FINANCE CHARGES $159.46 an an Individual basis and work with you to come up Account Balance $6,624.04 with a payment solution for your unique situation. Coll us and you'll IlInd someone who's ready to Your Credit Summary Nation and rho can help you oat bask on your feet. Total Credit Line $5,600.00 Available Credit Line $0.00 Cash Access Line $50.00 Available Cash $0.00 Activity sale Dab Pow owe owwriptlon Amount o9rttvos 08/19/09 OVERLIMIT FEE 09/14M OW14/09 LATE PAYMENT FEE YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $9,388.58, WHICH WAS YOUR ACCOUNT BALANCE ON THE LATE FEE TRANSACTION DATE. YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST DUE 0 SHOWN ABOVE ARRANGEMENTS FOR FUTURE PAYMENTS SHOULD BE MADE IMMEDIATELY. Please follow payment Instructions on reverse aide. Payment must be rewired by 5:10 p.m. local time on Payment Due Dab. Sears MasterCard' Account Number. 7418 Taltal Account Balrroe Dui ab Minimum Due Amount Eackwoci $8,624.04 10/13/09 $2,428.17 $ 39.00 39.00 0102185 EX 11 A 09259 1 TXS= FVG 001 7 N (rrnlllrnnlllnnrlrn?lll?un?ll?lnl?l?l?fllollui??l?l..II,I Irirtitrllrrnlllnrnlllnrlrrrllnlirrnlnrlr??lrlllrln?nirllnlrtl Make ofiedt payable to DEVON D JACK SEARS CREDIT CARDS 802 SHERWOOD RD PO 1 NEW CUMBERLAND PA 17070-1450 COLUMBUS SOH 43218-9082 I=V U I n' T ? Please make address corrections above. 100 . 1918 0662404 0242817 0000000 1111 Morntal on AboutYbwAcmunt Grace Period onPtadwes.You anavddpar Iinenoeehargeeonpurchhasse, but not on balance t ordsm and ash access trematbne (f available m you account). Thssceladegraceperiod on pun:haeae. Youan Oda praoe paiodof d kart 20 days. To do no, pay the folowng amount by the due dots every biting cycle: • the Account Baak=. loss • any Dawned ttasd balances that mphs after the due date. f you do not. gyouwinalget agrace period udeayou ppaayythaabovaamountby th dus date l two WHng eyelet n a row. In addition. eertabn pronnotixrl offers We the 9mospabdonpunhnnOlrprortnbndoffers, naddiion toDharednisweldste nryasoalawyoubhave agrace periodmpgurchhmes without has . to pay ON cra porq?n d th p?gr?fi?ntl balorra by th due date. f sitter is tiro ass, the pro mdnonal of ter wit deserbe wf ut happens. galena9rbjedtof bmcodoge.Weuseserravengesdoffybaacemelhod (?nhere barhttdbm) to alcusts periodic finance charges. We do this breaohbatmce.Thesebeknaeinelude.srns"' Mg Sam purchases, basra banal m otharregukrEAmmal purchases, Otd 6elenaa cesh acceeetramadiao, end dfsrert promotional balances, as spOicabkbyour ac court, (When we cabulate periodic Inence drages, we beet each Whirred IMaeettramectionseparstelyewnN it heath wmeternsassno(herDehned Interedtroneadion.) payments zero. For of the daIIIr periodic rite end pyth number o dryer the Miry uy tie, the resuk is the periodic finance charge on that brines. Rounding may cause a smell diferenee. SahDds. The Sale Date shown on the Account statement is also the Tranuctim AnnwlMsesheship Foe. Anil mnued membership fees bird once ayear.The amount of to fee appears on tthestatmnmtwhen thefee is billed. Wewirefund the fee f you Ir? us that you are clang Your account within 30 days of the noonfr,gorddiwrydabdthestasnordonwhichthefessbiied.You wilgetthe retundsvm f you neeyoacaddurmg that period. PenaplhsyIARL ? The %i* APR may be applied byour twceum f you: (1) Male a (4)Doanyofi pramdng(t)?gh(3)oonanndha payment is ra=ntthetfyouhrave with us. HowrIAgM 1Ih@ APRAppy4fyauAPRoamincresesdbraryoftrese resscns, the PandLy APR w7 apply um you make 12 conseculs minimum pyments on ire and do not do 1) Ihrouph Move on any account you haw with usduringthdfune period. The penalty APIs meyendaaonern accordance wfthyourCardAgreement, orf required byapplicable s* Bhting Right Sueveary In Can of EnasarQwedonsAbadUrGil. fyouthnhyyoouurbilbwrong,or fyou need mere itdormation about a transaction on your dl, write us at the address feted an Itsdde entwhem it soya "Writs to us W Wkis us asscon aepoesbs Mkrmtdh hmyou nolderthen60dapdWwesand youthe fhaadt bill on chide the error or problem wpared You Can hieftane us, but done so will not preserve your rights, in your later, ghs us the fobbing nformefon: Your nme and account number, The dolor smoutt d thou suspected error. Describe the error and explain, f you an, why you believe there is an error. Iyau need more inlanation, describe the item you are unsure about. -Pkaee sign your Wtec You do not hvs to py arty amount in quoifion while we are in=%"b d you era stil oblgded b tr parts your Gil that are rrct in einv e?ontocoledwth anWreport r?asdeirquent onthedspted i ny you question. SpecW Rde for Creclt Cad Aarmhaess f you howaprobsm with thequahlyd goods or mviaethat you puntbkred with a credf owdouend you have tried m good Leith to correct the problem with the aavices.Yaheeb not how pa rolediobnartylrsvtrremairung en the pus ptr(?ceerennntoe$nanSW and the purchw's made in your hrnsatde orwitltin 100 miles dyourmalnp address. (I we ownoroperaMtlnemerchant, orl wemeled you the advertisement bor to tion of property services, al purchases are covered regardless of amount or hnporfarrt payment Ynhuctioro Credltng P"Menys. pWe must raoehs your in proper form at our processing b isoeived atth alt ??df payrr?r?inpro a tormidertattnswi da><aprymtM be aedled not the mud day. Ailow5 to 7 days for paymeerts by regusrmtil lo reach us. Theremmeyybeadeley of upto 5 dayan aed"a peyrmentwe receive that snd'n properbrm as notsenttotocorndaddress. The corrsctaddtese fora peynrrt sort by regukrmal sthe address kbd on the rekan envelope or on the fiat of the payment coupon. A payment made in-dore is not sort to the oornd address. Th oared addiaes for s prynw rt sent by oourier or ep eso men stheExpresspayrrw bAddressshownbelow Faor.Forsesrt"Toroouriatobenproperform,youmust: • ors a vdd a eckor money order No cash, gift cards, orbreign cunenwy • your name and account number on the front of your check or money order. f you send an skbis dock wk h Ilds psyassIA coup*%you aurroeia us b rrr? be debisd in MMsom nt thson dsA& Ile 4 o ? ate lei' aooouat dCa?ypywsnesiwlhsahesk.Also,thedndrwiibed?esooysd. a aesoonatths mrirtFecV char a 3breacatlpydanaccount statement that dewback 3 or mom V* these I yourrequedfarthcepy relatesto abif gemm oradisp pub Payment Options Od w Then Rsgder MalL • 0r1bNl rlesb.4faiwww.SesreCardi.oomandsignupbronisprimerte. Erro mry take a law days. R we mosiveyow requeetto male an ovine pwymat by 5 p.m. Eaabm ter, ws w1 credityorupaymentsed that dry. R we receive your request to make an ortine pt?m titer that time, we win cedityourpsymetasof thenaddayFarseaa masone,youmaybeurarble topeyyowmtrsAccount Basnce withyowfntontinspaynert. • PayrbyPhone ServiawYoumywethatsrviceanytimsto makes, payrmeM byphone.Youwlbsdwgsdi14.95bu ftmvres Cal by5pm.Eeelem time to have yyoouur pymed credited as of that days If you atf eve that time, yourpeynwntwi be credited as of thenadday We may process your psynrrt slechonialy tdtwweve*your Wer* • Bwm Pa nals. You an send pyrtoM by courier or w proes mil to the mwbAddmes: Payments Deportment, I MD Bolonldd Sh@L imbue, H43228. P*rnt mud be received in propert m d the proper address by 5 p.m. Eadem time to be as" as of that toy Al?nts Of inpmperbrmatthomWeddrmdW hatirowilba ere to nod day. Asporta Lester Mobs Cord l m ediatey. You may eel Customer Service 24 hours& day, dope wsWL Account Issued by Citibank (Sou& Dakota), MA. 16037 EN Rev 01/10 01DFQ057 - 3.1211012009 Now Addrm If your address has changed, please print any, changes below Name: ' Street Address: City State, Zip: Phone: Sears MasterCard' DEVLIN 0 JACK Account Number. XXXX XXXX)0= 7018 Pepe 2 of 2 102183 Call us at 1-800400-8185 Go to wwwAss- W -rd.aom write to us at PC Bolt =2 Sim= Fass, ec 57117402 P meat Due Oats 10/13/09 Rates 'Rateyades Awrege cagy Balance Balance Correepondkp Periodic Rate 'ANNUAL ,_ D?.y PERCENTAGERATE M-Month Periodic FINANCE ZRA E SEARS REGULAR $968.50 $853.05 29.50X' .0822%04' $21.78 EXTERNAL REGULAR $5,555.54 $5,583.41 29.99X6 .0022%(D) • $137.58 CASH ACCESS REGULAR $0.00 $0.00 25.95X' .0822%p) - $0.00 Days In Biling Period: 30 Effktlve ANNUAL PERCENTAGE RATE: 20.55% Mlnlmum FINANCE CHARGE: $0.00 Cardmember News The "Effective ANNUAL PERCENTAGE RATE" Includes all transaction end periodic finance charges Imposed this billing period on all balances on which finance charges were unposed. ff the "Effective ANNUAL PERCENTAGE RATE" Is N/A, no flnerwe charges (after adjustments) were imposed this billing pwlod- Finance charges may be accruing on promotional balances and may be baled to your account under the terms of the promotional offer. Refer to the corresponding APR for the APR that applies to each balance. The Sale Date Is the Transaction Date. Verification Lisa Bknrar I, , 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. 1 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. t Signature C-37014 Devlin D Jack Account number ending 7918 1032 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor gti11' jjt' 01 ca p1 b'r f444 2612 MAY -8 AM 9: 55 OU PENNSYLUVAN A T?` Citibank, NA Case Number vs. Devlin D. Jack 2012-2553 SHERIFF'S RETURN OF SERVICE 05/03/2012 08:06 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on May 3, 2012 at 2006 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Devlin D. Jack, by making known unto himself personally, at 802 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $45.00 May 04, 2012 RYAN BURGETT, DEPUTY SO ANSWERS, RbN R ANDERSON, SHERIFF ?;co,.u Situ. She P. T el _sot. Inc. CITIBANK, N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff V. DEVLIN D JACK IN THE COURT OF COMMON PLEAS !F II I'? ? V I14 ?? ?? if `W t. cRiLA? i/CnO,W-IFiTNIBERLAND COUNTY, PENNSYLVANIA 802 Sherwood Road New Cumberland PA 17070-1450 Defendant To the Prothonotary: : NO. 12-2553-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 $6,624.04 $6,624.04 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unworn 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 i ation received from the defendant and/or the Department of Defense website. JUDGMENT BY DEFAULT ENTERED AND D ES SESU?AS ABOVE!' NOTICE GI N U R P CIV.P 23 Pro Prdtary eil A Associates. P.C. By: Mein, Esquire ,mey for Plaintiff NO. 89678 M60 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C-37014 / 221 ?a1p. ?Pd a 41 Ck Laa53) v>4z-14 1-1 N? t' WCL ?tLlti CiTIBANK, N.A. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 12-2553-CIVIL DEVLIN D JACK Defendant : CIVIL ACTION - LAW TO: Devlin D Jack 802 Sherwood Road New Cumberland PA 17070-1450 DATE OF NOTICE: May 30, 2012 IMPORTANT NOTICE C-37014 / 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 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 800-990-91 In making this communication, we advise our office is a debt collector. Burton Nejr& Asgocid 6s. P.C. By: Yale D. W 'nstein, Esquire Attorney or Plaintiff Identtifi ation No. 89678 1060 dr ew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 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, N.A. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. DEVLIN D JACK NO. 12-2553-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 Prothono By: Deputy If you have any questions concerning the above, please contact: Yale D. Weinstein, Esquire Attorney for Parry 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.