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HomeMy WebLinkAbout08-7339Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KAY L CHANDLER NO. 08 - 7,!Z9 GMt - e f m 14 Big Horn Avenue, Mechanicsburg PA 17055-5515 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-17860 Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 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 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. . NO. KAY L CHANDLER 14 Big Horn Avenue Mechanicsburg PA 17055-5515 Defendant : CIVIL ACTION - LAW Complaint 1. Plaintiff is Citibank (South Dakota), N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Kay L Chandler, who resides at 14 Big Horn Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff is a national banking association, engaged in various types of banking business including consumer lending through the issuance of credit cards. 4. Plaintiff furnished consumer credit to the defendant by means of a(n) Sears credit card with account number ending in 4188 hereinafter referred to as the credit card account. 5. Plaintiff kept accurate running records of all debits and credits to the account. 6. Plaintiff mailed to defendant monthly statements for the account including the billing statement attached hereto as Exhibit A. The monthly statements accurately stated the previous balance, the debits and credits to the account for the prior billing period. 7. Before plaintiff mailed Exhibit A, defendant had for many months made payments on account of the billing statement or retained the statement without payment. 8. Defendant's actions as set forth above constituted an account stated between parties for the sum of $2,162.10 which sum reflects the Exhibit A statement balance less credits, if any, which were applied subsequent to the date of Exhibit A. Wherefore, plaintiff demands judgment against defendant for the sum of $2,162.10, and the costs of this action. N4il M Associates, P.C. By: Blasker, Esquire for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. Sears Gold MasterCard® KAY L CHANDL Account Number. 4188 Page 1 of 2 Your Account Summary Billing Cycle Closing Date 08/05/08 Amount Over Credit Line $662.10 Amount Past Due $525.06 Current Minimum Due $109.42 Total Minimum Due $1,296.58 Previous Balance $2,074.68 Payments & Credits $0.00 Purchases & Debits $0.00 Other Charges $39.00 FINANCE CHARGES $48.42 Account Balance $2,162.10 Your Credit Summa Total Credit Line $1,500.00 Available Credit Line $0.00 Cash Access Line $150.00 Available Cash $0.00 Call us at 1-800-686-8488 Go to www.seemcwd.com Write to us at PO Box 6282 Sioux Falls, SD 57117-6282 Payment Due Date 09/02/08 You're in charge. We may have the payment solution just for you, and you're in control of how you do it Manage your account online OR by phone • You can quickly go online, or call to get personal assistance See when a payment • In Select from affordable ay or posted payment options to most your needs that may: - tower your annual percentage rate - lower your minknum payment Contact us today-we can help. Activity Sale Date Post Dab Description Amount 08/04/08 08/04/08 LATE PAYMENT FEE YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $2,074.68, WHICH WAS YOUR ACCOUNT BALANCE ON THE LATE FEE TRANSACTION DATE. YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST DUE IS SHOWN ABOVE. ARRANGEMENTS FOR FUTURE PAYMENTS SHOULD BE MADE IMMEDIATELY. Please follow payment Instructlons on reverse side. Payment must be received by 5:00 p.m. local time on Payment Due Date. Sears Gold MasterC d' Account Numbe 4188 Payment Total Account Balance Due Onto Minimum Due $2,162.10 09/02/08 $1,296.58 0000000 EX 03 08218 1 7X3503 FYO 001 7 e Amount Enclosed 39.00 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I II I I II I I III ItIIIIIIIIIIIIIIIItIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII I IIII I I 1111 I II 111 Make check payable to KAY L CHANDLER SEARS CREDIT CARDS 14 BIG HORN AVE PO BOX 183082 MECHANICSBURG PA 17055-5515 COLUMBUS, OH 43218-3082 Please make address corrections above. 100 512107507457 4188 021 6210 0129658 00 1 00000 0318 EXHIBIT i-. Sears Gold MasterCard KAY L CHANDLER Account Number. XXXX XXXX XXXX 4188 Page 2 of 2 0 Average Deily Rates Rate Varies Balance Balance SEARS REGULAR EXTERNAL $450.03 $408.80 28.99% .0795%(D)• $9.42 REGULAR CASH ACCESS $1,712.07 $1,691.81 28.99X' .0795%(D)' $39.00 REGULAR Days in Billing Period: 29 $0.00 $0.00 28.99%• Effective ANNUAL PERCENTAGE RATE: 28 99% .0795%(D)` $0.00 . Minimum FINANCE CHARGE: $0.00 Cardmember News Call us at 1-800-898-8488 Go to www.soorsewd.com Write to us at PO Box 6282 Sioux Falls, SD 57117-6282 Payment Due Date []Eoa:] ponding Periodic Rats Periodic AL D--Day FINANCE ENTAGE RATE M=Month CHARGE The Sale Date is the Transaction Date. Verification 1, Shawna Cole am an employee of Citicorp Credit Services, Inc., (USA) which is by contract the service provider for plaintiff CITIBANK (SOUTH DAKOTA), N.A. retained to perform services on its behalf. I am authorized to make this verification as attorney-in-fact for plaintiff under powers of attorney from plaintiff to Citicorp Credit Services, Inc. (USA) and to me. The foregoing averments of fact in the within pleading are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to the authorities. Signature C-17860 Kay L Chandler Account number ending in 4188 1032 470 N -0 Fn ' C,':T ?' 73 U1 6 ; ? n 7? =--: ? r , rya c!? SHERIFF'S RETURN - REGULAR CASE NO: 2008-07339 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK (SOUTH DAKOTA) N A VS CHANDLER KAY L TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CHANDLER KAY L the PLAINTIFF , at 1836:00 HOURS, on the 5th day of January , 2009 at 14 BIG HORN AVEMUR MECHANICSBURG, PA 17055-5515 by handing to KAY L CHANDLER 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: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 9.00 .00 .?'? xar.[ 10.00 R. Thomas Kline .00 37.00 01/06/2009 BURTON NEIL & ASSOCIATES By. day D uty Sh iff A.D. C'L ?X k,(7 ? 1 4% ,. CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff V. KAY L CHANDLER 14 Big Horn Avenue Mechanicsburg PA 17055-5515 Defendant Praecipe for Default Judgment To the Prothonotary: 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 IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7339 CIVIL TERM : CIVIL ACTION - LAW $2,162.10 $2,162.10 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 webAte. JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. NOTI GIVEN ER PA.R.CIV.P. 236 Pr rothon By: The law firm of Burton Neil & Associates is a debt collector. Associates, P.C. De'*k . Blasker, Esquire Attorny for Plaintiff I.D. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 C-17860 CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V., KAY L CHANDLER Defendant : IN THE COURT OF COMMON,PLEAS C-17860 : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-7339 CIVIL TERM : CIVIL ACTION - LAW Notice of Intention to File Praedpe for Default Judgment TO: Kay L Chandler 14 Big Horn Avenue Mechanicsburg PA 17055-5515 IMPORTANT NOTICE 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 notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office 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 8007"0-9108 DATE OF NOTICE: January 27, 2009 In making this communication, we advise our office is a debt collector. P.C. By: Derek . BI r, quire Attorney for ain ff Identification E. 02150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 T--l S" . r-9.? l ? Vv t') c . i_. ca .`era -n r rl co N :n'n - --t r? r Ti w S? J I." Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. KAY L CHANDLER Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7339 CIVIL TERM : 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 I la la g rothono By: Deputy If you have any questions concerning the above, please contact: Derek C. Blasker, 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.