HomeMy WebLinkAbout07-04772030132
THIS IS AN ARBITRATION MATTER. ASSESSMENT OF
DAMAGES HEARING REQUIRED.
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
PAUL M. SCHOFIELD, JR., ESQUIRE
Identification No.: 81894
21 SOUTH 21ST STREET
PHILADELPHIA, PA 19103
215/988-9600
Cavalry Portfolio Services,LLC
as assignee of Cavalry SPV I,
LLC as assignee of Citibank
USA, N.A. as assignee of
Texaco
7 Skyline Drive
Hawthorne, NY 10532
VS.
TERESA C. STEIGLEMAN
1 SGRIGNOLI LANE
ENOLA PA 17025
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : of -'7'71 otV' t 'Taj-',
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 TWENTY (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 CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO
THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT 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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
COMPLAINT IN CIVIL-ACTION
1. Plaintiff is a debt buyer and successor in interest to
the original creditor as set forth in the caption of this
Complaint.
2. At all times relevant hereto, the defendant was the
holder of a credit card, which at the request of the defendant was
issued to the defendant by the plaintiff under the terms of which
the plaintiff agreed to extend to defendant the use of plaintiff's
credit facilities.
3. Defendant accepted and used the aforesaid credit card so
issued and by so doing agreed to perform the terms and conditions
prescribed by the plaintiff for the use of said credit card.
4. The defendant received and accepted goods and merchandise
and/or accepted services or cash advances through the use of the
credit card issued by the Plaintiff. A true and correct copy of
the card member agreement is attached hereto as Exhibit "A".
5. All the credits to which the defendant is entitled have
been applied and there remains a balance due in the amount of
$1,783.97.
6. Plaintiff has made demand upon the defendant for payment
of the balance due of $1,783.97 but the defendant has failed and
refused and still refuses to pay the same or any part thereof.
7. Defendant's last payment on account was made on January
24, 2006.
WHEREFORE, plaintiff claims of the defendant the sum of
$1,783.97 plus applicable costs, interest and attorney's fees.
GORDON & WEINBERG, P.C.
BY:
FREDERIC W NBERG, ESQUIRE
PAUL M. SC FIELD, JR., ESQUIRE
Attorney for Plaintiff
P01A.DB
A
VERIFICATION
FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the
attorney for the Plaintiff in this action and verifies that the
statements made in the foregoing pleading are true and correct to
the best of his knowledge, information and belief.
The undersigned understands that the statements herein are
made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating
to unsworn falsification to authorities.
FREDERIC I. W NBE ESQUIRE
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NOTICE OF ANGE IN TEFi AS
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Cardwzrbff Ageanttstl repkk:es },err Palslnj ,
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a 'e• 't' ,^ ..•,i•1?: ,ial?• erlcelrraga you to toad 1116 notlt:am I yu111W C40 lk x1169 '1.11110CRYJ
. ''' ' `' ' ; `•: keep them withyour important rewds for klttle reieil "":.
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We Ildw: identified below certain d the dlanges to ylxl .'•U:t:'
IIRg AgrelNmil
psfing the fiIle of the new section). For coq*:le dL,.L i • .p w Qk'I:.e jJxv qlz.
= is r-, •'1 i.' :r - a;• r? :' =
pleas0 review 11>e eltGre Section of the Carcfnllsliter Aryl i91Y:
The Mowing sectais reptlinj lees me bang dvalml
%tin d ratma•It Fec: $929u)
• .. R 1 Payrttarit Services fcv:: S3.00
. .. .. It. The section regardrg Patclic Fn3ve Chv9as ins • c 6:.: r dalimA rue
' • •4. ,•1,~ prirAkrls. Tbedlollnill riltu via t1(: IgtiilIgMUI lim Ni. I:1• ..a!Amplill
tip 10 19.999.
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` Non-Accepfanee JnsMretlons:
ou d0 not wsh to accept these changes, You nx,st rll.uly tr.
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:stiting by
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2004. Please inckrda narne. add'ess, am arl:•
Jwv oy 2 1 numbu and
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mat lo: TexarorStell Credrl Card Comer, P.O. Box 9152, Des:
Iles, Iowa 503M.
'° ?., r • • 1 , } ,: 91521 you ncbk us by that Grua that you do not accepi thei. iianges, you
M1 account will be dosed and you may pay oe the br'llarlce • a lu• =0 ur/cler the
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• ` - ' ?l misting term b you use you accotnt on or after the et.cfr t' : te, yal agree to
• ? liese dwges, oval 4 you sent us a notice r*ct;ng
those changes.
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, Ciftank USA, N.A.
CARDMEMBER AGREEMENT
Res Agreaw" is Your Cibba* USA, NA Citdn>ernber Agreaml. Please read
and keep this Agreefr?t for you reoWls
To sinpty its Agreement for M the bbwrsg deM ms will ap* The words
YOR you; and yarns mean ffhe corporation, pednersfdP, sole proprietorship or
attar busrhess entillr end each ihayid W responsible for Complying coif, this
Ag L nehxling the c orporabon, parli eft, SCEs proprietashp or other
Wsirless Catty and each Indlt dual who appted to open the amount and 10
"I"ron we adtkess biffing stalananls, The wad Card means as or ere cards or
other access diloces, such as account rttrr&% that we him issued to permit
you to obtain omit under Btis Agraerrmt. The words,k us, and our mom
Cildw t USA, NA., the suer d pg acccua The words s fho W user ctWm
an'/ pmm to whom you give permission louse Your account.
Using Your Account and Your Credit Unx
Yuri iro 110Y ne:Turhstts fa cunNg with ail tea tan's of Ihs Aijntxnull,
a K*Kklg tla al+yhrdon to pay us for ail belal m- due an YnI+ amu" as spedwa
in Bus Agreexrhent. Your card must any be used for law4i baahsaclions. This
account and Card may be teed kr business purposes only Ind may not be used
liar pwsatak land, or 11DUS01old pirpases,
You wt he ad' S" 101 the credit &M 1113*011 ho Your =minx Your intial credl
bhtil cod apM an the card carrier. At our cisaado n and at illy line the may
change you crack WL We will nody you of ary now kM amount either
by you a -lice or through you biting slatermi. A doge may we effect
before you mceive no*ation km us. You may neclCiest a large to your credit
in it by confactig Curler: per Smite by Wephaie or mail.
You Dedff the Is aaab* to boy goods or wkm wheieyer the cad Is honored,
Tl rnaar cunt dw* on your account Indu tg p xdmm, me charges, fees,
exceed your t knit you m4A got your owl init. Howe w, if }ou
canes balance to pay us. We may approve Iransacliorns thal
the
meed you uecfl knit without wai*V any of our rights
urxler this Agreernem
AddWwhal Canis:
Yuu may mlUltsl additional cards on your account for yourself or others and you
may pEmt an amhorked user to have access 10 the card Of account rtrntler.
Hone-. it YOU do. You ax61 Pay US for all doges ffu de by those pensop5
nrkdng sages for YAM You may not have blended 10 130 m r4sW.'Tr order
to Inned PmniW) of an autorized user to use you account, you rrW nody us
n wattrtg, and you must rekrn to us, with youwMen notice, ant, and h the
f> on of the authaized user. You wait cmdr us to be table ford purchases
nredo by authorized -am I they leave ywatrptopm, ,•my at other
-91ing=ourd It- lows Ua ? charges. until we w.0m y m Iola and the cant. If Vol
anry rtaasm, a A Use ht6irness ceases mgoi^g operations, is
subject to a Change in control or donut re or k ansfets or agrees to transfer a
substantial part of its assets, you mat noty us n writing so go we may dose
Your account. You are responsibb br the rue of each card issued on your account
according to the leans Of dais AgrearmL
ar7png:
Yom b&V staimmi slows the Ixim ce• airy tlwu duglps' kti t, tilt nalunaan
payrthert and the paymernt due bale. A also stows ytar arrant che,$l boil: all
Aemaed list of tanrent charges, debits, PaymaNS and credits, a w unary of the
ptxdtase ach*, r'n9 the kur ce ; a rate stxirnary; and other f
blooriant hlOmkaGon. t we daern your account uhwfeclbte or t ore insfitule
d *4"q collection h proceedngs by senoi g if to an ouldde collection ay?.y
o aaiemalls. or cot l cl france? in our sole dfscreOm :top seroV you biting
Of not we send doges and Peas vvd continue to wxA a whetter
you biting stalenotts.
You muss Cody us of a charge it you add= by cahlaaing Cusloiw Service L-y
Ielep m areal We will mal or deliver the biting smiLvIlenl to or* ana atidyh ss
Now Noe Detenwhe the New Balance;
The total culslarxhig balance (lhe arrotrt you awe us) appears as die 'Nevi
Balance' on ft bas 9 st?lYn2nl To detarmne the New etlence, we begin with
the ouWandng batince enyar account at the begMM de.'xh lay
taltrl t s Provmte; RAdice' al Ilia I*ig slobilaA. WII Rkl.VW Ixa?i4 ru upI
otw ochits aril sonar coy Dam a tl paprxnts Ixaytul iw 0111411 hdraj
peflol We hirer' &M the appropriate kuicedwges wY 1 low tuxl nuke uu*r
applicable aclaustments.
Perfodfc Rhance Charges:
You will pay a (faly periock rate on the d* hdvhce. The brae a,oac "mce
mange for each lhibxj period is the stun of the (fitly peuu!«; rah: ih,ugu s Itr m0l
day in tine b36g period. Pekxk from doges an purchases %vi barn to acme
kern the dale to ptirchasc is addW to this Ek* bahi e, as ckrotx•<IUekiw, oral
conhe to aaoue toll paymert in U is cradled to you account. The clay
Per+oolic rate used in determining the PerioCtC Finance dwge cod be a yariat>fe rate,
wWh may cl ge tom mWtl to MmtL The daft, pubdc rate doing each being
MW will be Tr..6fr- of the sun of an Index pya a Margnh. The Index }hp be the
highest Prima Rite ptibished in the Woney Rates, section of the WarSue_r
J
k5t and ov Mine 90 calamlar trays iruneckatdy precedng, but not inckxhlrxj, tine
on thdeThe n of 4.00% wil be 14.0. i. The daily perbde as of October 1.20M, raffle on
your accent, based
periodic rate of 0.0620295111L99%ANNUALPERCENTAGE RATE). An increase
n
the aftnum p0mg due on your amount. 0 you pay the dta Prime Rate will hvW the applicable daily pw a k rate. which may inmue
Ind a
blce each nuth by the der date ?C kanca nurtal the New
l3 d>ar9as wt be assessed.
YOU accost wt haw a dbEN Magri i you default trxla any Cardmerrnbw
ATe menl drat yea Inane wdh us because you fail to mike a Attu Uert In us or any
other unction when due, you orcrxq yar Dew trot, or you mie a paynlat 10 to
that is not hoaxed by your bate In such 6iClnutance4, we "my kmase the
Margin 10 a CW& A Margin of t p b 19.99%. The dahy miodc rate. based upon a
delatdt Margin of 19.99°5. and an i'de l of 4MI. as of Omber 1.20M hot be a
dailyPetottic mle d IIZ572% (299995 ANNUAL PERCENTAGE RATE). f•u:kp•
cmtidered in dMeraning IN d64ru6 Margate pray itches; dkr I„yeh of hkne yur
account with us has been epee: der mistence, seriouunass, anct lin" d d*As
A9 have with us; and after rcications of
account usage artil perkmiance. The
(he fist
default larp day d the bfg pe od in W ch you delad• Yaraccound " e e age ^ as become
eigbk for a low Margin on new ptudnasm afar
VOL; have rtat the terms of err
Cardmernber Agreernenls fat you haw with us for sic mnmcvwe maths. Ycu
exu M balances tot remain su*a to the default Margin Low they are pawl in kfl.
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Late Fee:
it we w ,at receive Die rninrin m amount by the payment due dale, you will
pay a lose lee equal to the greeter of 35.99-or 2% of ft New Bela= lor
each bag pbd which reflects the narn um amxvil that Is not paid 11 1111 to
payment duel dale.
Rehrmed Paymenif fte:
We Wit odd a $29 fee to the acoolnt balance when a payment check or si• Iv
inslnntunt Is not hatarocl w1m we mist rekm it Ixx7uso R u:ml ho
IXtx'Ixxxxl, Or WIIWI an tarlanx9lc dolii is mhnnd tnixdd At ar al9in, tti•
erg at,.Iral thix leo the lest lino yar tixsit a payiwd is not Ivxmxl urn, d
It is lionored manor) tesibrti'sson.
Payment Services Fee:
We urdl add a lee of S8 (a ft made un atnourd permitted by applimbli.
taw, wtilcheuet Is less) to the account balance Jor payment swAces we n-,ty
offer which allow you, at yaw option, to make payments othor than by
malirtp them to the payment address shown on your bAV statement. Who
event,, our request optional payment servirxsl, we will advise you of Ilse h •:
associated with your request, and your used the optional payment s'.%, -es
avelaker constitutm your agreenreril to pay Ott aGsodated be.
Photocopy Fee:
We will acid a $5 fee per coq fa Ot Inarimin amnaud periled by al4k :: to
ktw, wl vdw er is k4 to Ilse aoatuil tztince for exit Lopy you request W t ar
bang sr,Aenertls. the kA sales sips antya mom riv via of transectiors, oil -a
than copies requested la purposes of kM gaWg a U&V error. In die eves x
you request copies, we Will advise you of Ire lea associated wills your request.
tntl yoty use of the atpy swvkft these dter corsfilidcel your Rtjtecrnoril In p q
ilia as Oiled [Co.
Lost or Stolen Cards, or Account Numbers:
If arty card, or acmunt nurfli er is lost or stolen or if you I" someone used Ix
(Itay stye Ihent tvOtXXA yar pIS T*LI fork rxdiry Ls al a„e by c* g
1 fix) :If'f.m..iR tx t]edalrr Sarvirat.a111311Ildilata11?• arndrr shnwn lei Y.4
1lAlkjLxAEgki9. VVcr witty lettuce you bt prtxdJe tfrl;el tlkxllxJlixn it wlllrty b!
hey is lind out what happened, and to comply with such procedures as we
may require in corrtedlom wish or investigation You may be ialie for
nxuatrtia¢ad use of Ute accaud, but rot IDr mom than $511 You woril be kablo
la trtetdhodted purchases made after we've been noticed of the bass of the
lhefb h Nm% ym mat ideriltfy (or is the charges on he birq statement OW
were not made by you, of sanaorte aulhor¢ed by you. and ham which you
received no beruelit. You agree in ecoo darim with Secdm 135 of the federal
ThAh in Urdrg Act, hat it at any brine we have issued cards to len (10) or nxsre
mAltonaed tsars al yam request, you waive any and at limitations on you ktbily
for anauOtoaad use of such cards thal you tray have uxtdar the Truth in
Lendrxj Ad.
Oelaulk
You default under ft Agreeme9 d you tai to pay he mirtimum paymcni listed
on each tx" statemterit when due; fat to make a payrtient to any otter cretdta
Ahern U Be (or bartbupky: exceed your crecil lend; fray by a check or similar
v with 1139 Vial is not honored or that we must rehrn tibiae it earxxtl be
iwxxswut pay by attkxttatic dd* Oral is rdtrne I tvgmat nt alutaxdt tnhr .try
:Ater aIIJnletT+ber Agreurlterx Oral you haw with us. II you ofetus8, we may
close you accour9 and demand imterbale parrtnetl ct the full balarm
Preautharfxed Charges:
9 you delaut. I ilia card is lost a stolen, ty we cttarnge yav accxnt or
account Ixrllbet for any reason, we nary sLlspend mAorrutic ch,x jes on ihol
account to Had parry ventbrs for ins r,utce pie norm or ollxw g},xly or ,
servioes, 9 iveoulnor¢ed dirges are x*pmled you mal will; d Die Ihiml
party vendor to reinstate therm. You ale n.Vorbft for nxtUlij Lbun:t pityoustl
for such dmr(ies unU you reinstate aulunalic dirges.
Coffecuun Casts:
s du11s I
II wU rofet U Axilal d ylxr 111rxxxd GI,I tMW *1111611111111
altl9tw, ytU Wit be Endo 11x any it:ei 4C1l AD aIIIYI k.-Y% It= N,: nt3a, Ice;
die costs alai expanses of any 60 aa-Ai, to Die exteri pantdk l by 16y.
ARBITRWION:
PLEASE READ THIS PROVISION OF THE AGREEMENT CAREFULLY. IT
PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING
ARBR'RAMO N. ARBITRATION REPLACES THE RIGHT TO GO TO COURT
INCUIDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN
A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A
DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR
JURY, ARBITRATION PROCEDURES ARE SIMPLER AND MORE UMTTED
THAN COURT PROCEDURES.
Agreement to ArbAmte:
8 her you or we may, without ate otitey's gull, elect matroori. iWig
arddadon for any barn. dispute, or ccnbotvW betmien you and us
(called, -mrsl
Cfairls Covered
t What Claims we subject to arbitration? At Cleans retahrxj to yuu
account. a prior realed account, or our relationship ore Rioct to
a+bilration, irldudrtg Claimn terJartfuxl lie aylpEcitian. eidurcekilily. or
idatxatalunof Irisfypa alfwillI1 etwhimaviImilleinltAtI1wlLa;r
tadajrxi III wbilrwiml, till I1"tlx Willi 1aj,d eruxy w11.y wU lk"%1 t., t.
what remedy (damages, or it tunclive ur declaratory idA they set*. Ths
includes Ctim based on cattraci, IrA (inclu rn9 intentional lon). Iratd,
agery, your or cur negfgernce, stm lory or regulatory provisions, or any
aher sousxs of tan, Clam made as axamdams, cross-dents, Inid-
party claims, nterplam:16 or oannvise; end Clair s made vidependutly tit
Wth odw claims. A party who initiates a pmcc:edm n court may elect
atilralion with respect to any Claim alvan ced in that procie fng by any
otter parr Ctabra and remedies smxjht as part of a class action, private
alomey general or other represeMike action are subject to arbitration on
an irtdui" (non-class, non-rapreserllallM basis, and eta arbilrala may
award fell onry to an ndvidual Gold-d ss, nat•representatW) bass,
• Whose palms ate subject to arbihafmn? Not ally ors and yids, but
also Claim made by or against an** mrtecled vath us or you or
daini tg Through is or you, such as a co-appfpnl u au thor¢ed use of Mr
=m". an employee, agent. represerlatim aft6med compel,
predecessor or successor, her, asskpxe, or trustee in bankavic/.
• What time (rams applies to Claims subject to arbitration? Cki m s sized
in the past. present, or future, hd xkig Clartu aro'vty before One cpsw11j to
you accadtt. are stied to arbitralcm
•
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• Wlio pays? Whoever gas tie arhiratim pays the idol FM fee. I we ge• w3
patty, d you Ie M M, aim Vw feet a lee wraiuar under Ilia apitc lk rues of
tie arbi ralfom lym I you have Pam tta INial fig be and you pew9, wo wd
ri*iaarso yw la tad lee. I Iteue is a hwilig, wows pay arty kw d Ito
inilor teal alikallmlirm for Us ka9 c yd Vial Iilki tq. All oltr h,s rod hu
Acated as ptlwided by tine Hies of Ute arbbalM firm and Wp4calaa ktvu
hbwM we vra adlvM or remblrse your fees t ate arbilrafon firm or arbitrator
deiWr*tes Ilea's good reason fa regrring u4 to da sC or it you ask is and we
delermfia there's good am for doing sa Each party wl beer rte experse of
txtt pays Mmwys. experts, and vAnes;es, and otter expertsea. avpvdass of
wiadh party p w* txd a party may one arya ad ezperissm tun,vtldlvtr
party a to arbiratar, *0 0 eppSCebls lan so detwires.
• Who can be a party? terms must be thought In tlta ramie of an itdvicA al
person or a* and must proceed on an itrividlel (mn-dass, wi.
raptesMti4 hoc's. The arWrator vat not awed fetal l or or agaid ahyme
who Is not a party. I you or we mgtna Mbtbn of a Clam, natter you, we,
nor arty OI1a pem may prrsue tta Clam in aftetion as a class actor,
private aftorliey9mal action or otlter reprasenWM aclim, rta tray such
Claim be pt wW on )w a ou behalf in ary Houton In eny cart Claims,
riding asswW Oin, of two or more perwru may not be joned or
' consolidated h the same arbkmk n• Ftovv w,, Wpkw ts, co.M*ards,
aldhoraed tears an a single aocatril ardor rebled accounts, or Corporate
affiliates are there catsidered as aria person.
• When Is an arbilratan award fret? The arbiratahs award is trial aid birtdrtg
on the parties utkas a perry appeals k h writing to ft arbiraton dim within
fne? n days of rota a of to award. The appeal must regtlesl a new arb iration
be 'fore a panel of tree r?tl" ard7ratas designed by the same wbWion
htn N partd will omWw W NaW and legal tsars anew, Moor the sane
nks Iiet apply to a ploceedrtg using a sitgte arbirator, and nvOw decisons
Wsed on the vole of N m eforlyc Costs vd be allocated In Ina sane way trey
aria docded for arbiraUan belam a si0 arWrator. An award by a pariet is trhal
rvd tart@g on he parkas after Slot days has passed A loaf wW bhckvj
award Is akpa to Jurldal tai acid aflf ear er t as p aided by the FAA or
• oliaapp6cablelaw•
Sw vhW and SewraWly of Tens:
• This art hatiat provision shall arrive: W WmIrladon or dtanges it the
Ag awrternt, the acooW, or the AUDI" bOmw yw and us mrx&nr>3
fhe•aCO t. @ tie txaraet# y d any party; and @ ary basfe, sele or
assigmard of your acmnt, or any amouas owed on yar ama. to any
other person or w ft I any pxxtbm of Iola mblration pvAkn ls deemed
rvM or urterfarceafde, tta lemaft p Abris shat riemit-rJess rrman in
fords. Any diftenl agramwit ragardrg abbabon must be agreed to in cording.
r
• Credrt Reporiirrg:
We may report yar pertor?erice under has Agremw to CIECH repartixp
agencies. mdudng your bkn to melee nrranxm payments on time. I yW request
adrfliortel carne an your accotrtt for Millers. you Ird erstalld that we nay report
accoL" hfomadon in you was as wall as h tta romes of those other pimple.
We may also obtain bbw-up credit reports on you (for example. when we renew
yar accord for a cred! W 1rIC1am).
Telephone Monitoring and Recording:
Front be to On we may mortdu aryl imi tUU Irhijatu a 4-ht5 rl:l?ar b?l
you auxtud wits us to asaxe ttr r tr,dly of r t t ;,uvr:u.
Closing YourAccoune
you nxy ckm you ouxxoa at Lily wile by IN011xJ Ip it thvwt?, Kwo% :u. }.tr
remlaim respWub!e to pay t'8 total babXe axxx WQ to the terms of IN,
Agimment. M =f dose yur accaxd Or &gXYILf yrxr D=IAad prwa...),:::.c
0 ft for ply reason Wlma W [Oka. Wu oaf Irbo MP?A,u a tibias d
card, or accota rxnater at any Sm. WAi nxal ralwh ilia t:arl lu tL% iq kn
Jcglesl.
Refusal of the Canal
We are wl Iesportshle I a itwisactw on you accouit s not thpprovul. t oxi
by us or by a hid party, even if you have wfcert credt av'alalde We may lent
Ute fxuribar of barmlims that may be apprcvad in ate day. I we detect
triad or wspiciclis aotary on you aaanl• we may II Wxra* stisporxl ytu
credit pRAges uffl va can verify Ilte 3diuity
Changing this Agreemenk
We can diarip ft Ageemerit, ihdudng al tees and fine wad percentage.
rate, et any fine. Wo can also add or Mete p on0cru remtrxl to yotr account
and to the nakre, adenl, and adowrtenl of the rights and cblgallais you r r
we may have relating to Isis Agreemerht. These dwa w are Wdng on you
H maw. W the dwge will cause a fee, rate or rrtrimirn payment to irveme,
we wil mail you Ydee3n riotoe at least 15 days before the betpmng of the itixi-9
period in vAch ft diartge bowmen elective. II you do Hat ayes to ilia
dange, you not rally us h wmlirM wntlvn 25 (pays alai the clluAv cute Lit ii x!
dtange and pay us the total balance, allher at nice or triter tie tams of tlv:
utchatxaxlNpoattad.Urtllrawuttiddyytxar>tlvavrca.aaxeullir ru;lcuky tlu:
ellectivo dated the clunge shat bu deeived atnplarre of tie ix,,v Itdnu, r Tan
d tw 25 days trove not expired,
Enforcing this Agreement:
We can rk3y is etlauhg or tai to adu".vty ul av ryhv rntkx txu
Agteernad w VW bsM item.
Ass?gnment;
We reserve fine right to assign any cr al of of ryhts and drrgaticris tdidar tins
Age mwa to a trod parry.
Applkabie Law.
The knits and wifor emervi of its kpeemertc shat be governed W la:wv law
and rte law of Sotrrt Note. where we are towed.
For Furdw Informadan:
Cal us at the telephone molter dhoem on yas bring statemait. Yar :nit also
cad lot-6eeat 1-8013.299.5766.
Kendal E. Slok
Presowl a CEO
CAlb ttkUSA.NA. erl4Yit Id?ai 1ki• MA
' ..ice . .. •, ?.
What To Do If There's An Error In Your Bill.
Notify us in Case of Errors or Questions About Your 8111.
If you M* your b*V stalemt d is wrong, or d you need mono ihfopntik 41
atwut a transaction on your hk g statement. write to us Ion a separate
Sheet) at the address specified on the back of your bung statement. Wile to
us as soon as possbh. We must hear [ram you no later than 60 days aver
we sent you the first biding statement on which the error or problem
appearai.
In your letter, gnie us the louowshg mlounuiw-
• Your name and account number,
• The dollar amount of [be suspecteJ error.
• Oescnbe the enor and explain, it you can, why you believe there is
an error. II you need more infonnatlon, describe the item you are not
we about
• Please sign your letter.
TX FU do 903
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Miller and Miller
G. Thomas Miller, Esquire
Attorney ID No. 07219
Thomas R. Miller, Esquire
Attomey ID No. 49801
401 South 32nd Street
Camp Hill, PA 17011-5105
Attorneys for Defendant
CAVALRY PORTFOLIO SERVICES, LLC:
As assignee of Cavalry SPV I, LLC
as assignee of Citibank USA, N.A.
as assignee of Texaco
7 Skyline Drive
Hawthorne, NY 10532,
Plaintiff
V.
TERESA C. STEIGLEMAN
1 Scrignoli Lane
Enola, PA 17025,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-477
CIVIL ACTION - LAW
ENTRY OF APPEARANCE FOR DEFENDANT
TO: Curt Long, Prothonotary
Kindly enter the appearance of the undersigned for Teresa C. Steigleman, Defendant in
the above action.
MILLER and MILLER
B
G. Thomas Miller, Esquire
Dated: I I %t (ol
k
.V I CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing document was this day served by U. S.
first class mail, postage prepaid, upon the following:
Frederic I. Weinberg, Esquire
Gordon & Weinberg, P.C.
21 South 21St Street
Philadelphia, PA 19103
G. Thomas Miller, Esquire
Attorney for Defendant
Dated: k `? ( 16-?
1
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Miller and Miller
G. Thomas Miller, Esquire
Attorney ID No. 07219
Thomas R. Miller, Esquire
Attorney ID No. 49801
401 South 32°d Street
Camp Hill, PA 17011-5105
Attorneys for Defendant
CAVALRY PORTFOLIO SERVICES, LLC: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
As assignee of Cavalry SPV I, LLC
as assignee of Citibank USA, N.A.
as assignee of Texaco,
Plaintiff
V.
TERESA C. STEIGLEMAN,
Defendant
NO. 07-477
CIVIL ACTION - LAW
NOTICE TO PLEAD
TO: Gordon & Weinberg, P.C., Cavalry Portfolio Services, LLC, Plaintiff
You are hereby notified to plead to the enclosed New Matter within
twenty (20) days from service hereof, or suffer judgment of non pros.
MILLER and MILLER
By
kj,4-
G. Thomas Miller
Attorneys for Defendant
Dated: ? Z"3 a 001
Miller and Miller
G. Thomas Miller, Esquire
Attorney ID No. 07219
Thomas R. Miller, Esquire
Attorney ID No. 49801
401 South 32"d Street
Camp Hill, PA 17011-5105
Attorneys for Defendant
CAVALRY PORTFOLIO SERVICES, LLC: IN THE COURT OF COMMON PLEAS OF
As assignee of Cavalry SPV I, LLC
as assignee of Citibank USA, N.A.
as assignee of Texaco,
Plaintiff
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 07-477
V.
TERESA C. STEIGLEMAN,
Defendant
CIVIL ACTION - LAW
DEFENDANT'S ANSWER TO COMPLAINT WITH NEW MATTER
1. After reasonable investigation, Defendant is without knowledge as to the truth of the
averments of paragraph I and proof thereof is demanded, if material and relevant.
2. Paragraph 2 makes reference to "a credit card" and Defendant therefore has some
uncertainty as to the specific credit card in question, although the card member agreement
attached to the Complaint refers to Citibank USA, N.A., and for the purposes of this Answer, it is
possible that Plaintiff is referring to a Citibank credit card, since the caption of the action refers
to Cavalry Portfolio Services, LLC as a second assignee of Citibank USA, N.A. It is admitted
that a credit card may have been issued by Citibank USA, N.A., but more probably by
Texaco/Shell, and that the card extended "credit facilities" to Defendant, as Defendant
understands the meaning of that term.
3. It is admitted that Defendant accepted and used a credit card originally issued by
Texaco/Shell. However, the remaining averments of paragraph 3 are conclusions of law to
which no response is required.
4. It is admitted that Defendant received and accepted goods and merchandise, etc., by
using a credit card, and made payments on account of purchases, insofar as she was able. It is
further admitted that a "card member's agreement" is attached to the Complaint. However, the
Defendant is without knowledge, after reasonable investigation, as to whether this agreement is
applicable to her credit card, since the agreement, as attached, does not contain Defendant's
signature, nor refer to a specific credit card, nor otherwise indicate that it is applicable to a credit
card used by Defendant. Therefore, proof is demanded, if material and relevant.
5. After reasonable investigation, Defendant is without knowledge as to the precise
amount of the balance allegedly due on any credit card, and proof thereof is demanded, if
material and relevant. In further answer, Defendant has received demands for payment and
offers of settlement from various entities, and is without knowledge as to the amount of principal
claimed to be due, and the amount of interest and late charges claimed, proof of same also being
demanded.
6. It is denied that Defendant has failed and refused to make payments and in fact by her
counsel's letter of January 31, 2007 to Plaintiff's counsel explained why she had been unable to
make payments recently because of physical disabilities and lack of employment income, but
offered to resume installment payments in the immediate future. Therefore, the averments of
paragraph 6 are denied and placed at issue.
7. Defendant is presently without precise knowledge of the date of her last payment,
after reasonable investigation, and therefore demands proof of same, if material and relevant.
2
NEW MATTER
8. Defendant denies Plaintiff's claim for attorney's fees as stated in the ad damnum
clause of the Complaint since there is no basis in law or fact for such claim, nor is any basis
alleged for such claim, nor is there reference to any law or regulation which so entitles Plaintiff,
nor does the attached card member agreement, if applicable, suggest responsibility for attorney's
fees except in the case of arbitration, which Plaintiff has not elected to pursue.
9. If the card member agreement attached to the Complaint is applicable to Plaintiff's
claim against Defendant which is admitted only for the purpose of this averment, then, and in
such event, Defendant hereby demands that this dispute be referred to binding arbitration under
the applicable provision of the alleged card member agreement.
10. Defendant had a credit card originally issued by Texaco/Shell Corporation and
Defendant, during the time said card was used for purchases, sent payments on account to
various entities, including Texaco/Shell, National Enterprise Systems, Northland Group, Inc.,
and NCO Financial Systems, Inc., any or all of whom may be indispensable parties to this action.
11. Defendant has destroyed the credit card believed to be at issue, and has not made
charges thereto for many months.
12. Defendant has been unable to make payments on any credit card because of physical
infirmities and lack of income occasioned by her inability to pursue her occupation of certified
nursing assistant; however, Defendant has recently resumed part-time employment in that
capacity on a very limited basis.
13. Defendant is without knowledge of what portion of the alleged debt is attributable to
principal, and what portions are computed on late charges and interest, and demands proof of
same.
WHEREFORE, Defendant demands that Plaintiff's Complaint be dismissed at Plaintiff's
cost.
MILLER and MILLER
B
G. Thomas Miller, Esquire
Attorneys for Defendant
Dated:
4
VERIFICATION
Subject to the penalties for falsification to authorities prescribed by 18 Pa.C.S. 4904, I
hereby certify that the facts set forth in the Answer to Complaint with New Matter are true and
correct to the best of my personal knowledge, information and belief.
Teresa C. Stei man
Date: /oZ b
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the within Answer to Complaint with New Matter was
this day served by United States first class mail, postage prepaid, this 22- day of February, 2007,
addressed as follows:
Gordon & Weinberg, P.C.
21 South 21st Street
Philadelphia, PA 19103
Attorneys for Plaintiff
MILLER AND MILLER
BY:
G. THOMAS MILLER
401 South 32nd Street
Camp Hill, PA 17011-5105
Telephone: (717) 920-5500
Fax: (717) 920-5503
Attorney For Defendant
i?
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01
2030132
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
PAUL M. SCHOFIELD, JR., ESQUIRE
Identification No.: 81894
21 SOUTH 21ST STREET
PHILADELPHIA, PA 19103
215/988-9600
Cavalry Portfolio Services,LLC
as assignee of Cavalry SPV I,
LLC as assignee of Citibank
USA, N.A. as assignee of
Texaco
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS.
Teresa C. Steigleman
DOCKET NO. : 07-477
PLAINTIFF'S REPLY TO NEW MATTER
8-9. Denied. These averments are conclusions of law which
requires no response under the applicable Rules of Civil
Procedure. However, these averments are denied and strict proof
thereof is demanded at the time of trial.
10-13. Denied. After reasonable investigation, plaintiff
is without knowledge or information sufficient to form a belief
as to the truth of these averments. Therefore, they are denied
and strict proof thereof is demanded at the time of trial.
WHEREFORE, Plaintiff demands damages against the defendant
as set forth in plaintiff's Complaint.
GORDON & WEINBERG, P.C.
BY:
FREDERIC I. kZIN4ERG, ESQUIRE
PAUL M. SCHOFIELD, JR.,ESQUIRE
Attorney for Plaintiff
P014
VERIFICATION
FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the
attorney for the plaintiff in this action and verifies that the
statements made in the foregoing pleadings are true and correct
to the best of his knowledge, information and belief.
The undersigned understands that the statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
FREDERIC I. WE
ESQUIRE
CERTIFICATION OF SERVICE
I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on
the date below, served a copy of Plaintiff's Reply to New Matter,
via First Class Mail, postage pre-paid, to all other parties or
their counsel of record.
FREDERIC I. WEINBERG, ESQUIRE
Dated:
7-7* )
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-00477 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAVALRY PORTFOLIO SERVICES LLC
VS
STEIGLEMAN TERESA C
MARK CONKLIN Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
STEIGLEMAN TERESA C the
DEFENDANT , at 1925:00 HOURS, on the 24th day of January-, 2007
at 1 SGRIGNOLI LANE
ENOLA, PA 17025 by handing to
TERESA STEIGLEMAN
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 12.32 Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
40.32 01/25/2007
GORDON & WE INB G
r
Sworn and Subscibed to OK By:
before me this day Deput h iff
of , A.D.
CAVALRY PORTFOLIO SERVICES, LLC
AS ASSIGNEE OF CAVALRY SPV I, LLC
AS ASSIGNEE OF CIITBANK USA, N.A.
AS ASSIGNEE OF TEXACO
vs.
TERESA C. STEIGLENAN
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. CIVIL ,477 20 07
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
FREDERIC I. WEINBERG , counsel for the plaintiff/defendant in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $1,783.97 + INTEREST, COSTS AND ATTY. FEES
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
FREDERIC I. WEIBNERG, ROBERT M. WALKER
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully s 'tted,
BY: FREDERIC INBERG
ORDER OF COURT
AND NOW, 9200 , in consideration of the foregoing
petition,
Esq., and
captioned action (or actions) as prayed for.
Esq., and
Esq., are appointed arbitrators in the above
By the Court,
EDGAR B. BAYLEY
ALE-*,.w.. r,,1
OF 7H E:
2009 JUL 13 F i-3 3: 219
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W aagg3v
CAVALRY PORTFOLIO SERVICES, LLC
AS ASSIGNEE OF CAVALRY SPV I, LLC
AS ASSIGNEE OF CIITBANK USA, N.A.
AS ASSIGNEE OF TEXACO
VS.
TERESA C. STEIGLEKAN
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. CIVIL 477 20 07
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
FREDERIC I. WEINBERG , counsel for the plaintiff/defendant in the above
action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $1.783.97 + INTEREST. COSTS AND ATTY. FEES
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit
as arbitrators:
FREDERIC I. WEIBNERG, ROBERT M. WALKER
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully s tted,
BY: FREDERIC INBERG
ORDER OF COURT
AND NOW,
petition,
Esq., and
captioned
(or actions) as prayed for.
,200 9 , in consideration of the foregoing
Esq., and
_ Esq., are ppointed arbitrators in the above
By Court,
AR B. AYLEY
Al
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CALVARY PORTFOLIO SERVICES, LLC
AS ASSIGNEE OF CALVARY SPV, I, LLC
AS ASSIGNEE OF CITIBANK USA, N.A.
AS ASSIGNEE OF TEXACO,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-477
TERESA C. STEIGLEMAN, CIVIL ACTION - LAW
Defendant
PRAECIPE FOR WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
Withdraw my appearance on behalf of Teresa C. Steigleman, Defendant.
Date: _<Gc?e. 2S zoog
<:C?w 1
G. Thomas Miller, Esquire
Attorney I.D. No. 07219
1 South York Road
Dillsburg, PA 17019
Telephone: (717) 439-5590
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Enter my appearance on behalf of Teresa C. Steigleman, Defendant.
Papers may be served at the address set forth below.
Date:
LAW OFFICES OF ROBERT M. WALKER, LLC
Robert M. alker, Esqu
Attorney I.D. No. 86340
Kelly L. Bonanno, Esquire
Attorney I.D. No. 200811
3461 Market Street, Suite 103
Camp Hill, PA 17011
Telephone: (717) 761-1200
Facsimile: (717) 761-1201
RM-OFFICE
OF W PR THMTAR f
2009 SEP 30 PM '2: 39
CALVARY PORTFOLIO IN THE COURT OF COMMON PLEAS OF
SERVICES, LLC, CUMBERLAND COUNTY, PENNSYLVANIA:
Plaintiff
CIVIL ACTION -LAW
N0.07-0477 CIVIL
vs.
TERESA C. STEIGLEMAN,
Defendant
ORDER
AND NOW, this < ~ day of July, 2010, the appointment of John M. Kerr, Esquire,
as arbitrator in the above-captioned case is VACATED. Matthew McKnight, Esquire, is
appointed in his place.
BY THE COURT,
William Daniels, Es uire
q
Chairman
~hn M. Kerr, Esquire
atthew McKnight, Esquire
Court Administrator
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2030132
CORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
JOEL M. FLINK, ESQUIRE
Identification No.: 41200
1001 E. Hector. Street, Ste 220
Conshohocken, PA 19428
484/351-0500
_ ~ ~~ ~1~-tlr ~6G~ _
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Cavalry Portfolio Services,LLC COURT OF COMMON PLEAS
as assignee of Cavalry SPV I, CUMBERLAND COUNTY
LLC as assian.ee of Citiha?7k
USA, N.A. as assignee of
Texaco
vs.
THERESA C STEIGLEMAN
DOCKET NO. 07-477
ORDER TO SETTLE, DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above-captioned matter settled, discontinued
and ended upon payment of your costs only.
CORDON & WEINBERG, P.C.
"~
BY:
FREDERIC I. WEIN ERG, ESQUIRE
JOEL M. FLI ESQUIRE
Attorney for Plaintiff
P003