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HomeMy WebLinkAbout09-7115Burton 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 (SOUTH DAKOTA), N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. BETTY M SCHRAUDENBACH 6029 Mockingbird Drive Mechanicsburg PA 17050-2077 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 17115 e1Vi l CrM 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-22312 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 (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. 09- 711,5 & ,( -r11-- BETTY M SCHRAUDENBACH 6029 Mockingbird Drive Mechanicsburg PA 17050-2077 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 Betty M Schraudenbach, who resides at 6029 Mockingbird Drive, 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 1489 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 $4,620.42 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_fur..the sum--of $4,62-OA2,_and...._.__ . the costs of this action. Burton Ne" Associates, P.C. Yal D. Weinstein, Esquire A rnev for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt Sears Gold MasterCards Cali us at 1-800.886-8488 Go to www.ss mowd.com Write to us at PO Box 8282 Sioux FaNs, SD 57117-8282 BETTY M SCH Ps msm Dw Dffie Account Numb 488 Page 1 of 2 02/11/09 Your Account Summa Billing Cycle Closing Date 01/14/09 You're in cha e Amount Over Credit Line $701.34 . Amount Past Due $1,051.50 We may have the paymen! sohrtlon just for you, Current Minimum Due $199.80 and you're in control of hosryou n, Total Minimum Due $1,952.64 Previous Balance $4,514.54 Payments & Credits $0.00 Purchases & Debits $0.00 Other Charges $74.00 FINANCE CHARGES $112.80 Account Balance $4,701.34 Your Credit Summa Total Credit Line $4,000.00 Available Credit Line $0.00 Cash Access Line $50.00 Available Cash $0.00 Manage your account online OR by phone • You can quiddy go online. or cal to get personal assistance • See when a payment Is due or posted • Select from dbdable payment optlore to meet your needs that - Lower your annual percentage rate - Lower your minimum payment Contact us today-we can help. Activity Sale Date Post Data Description Amount 01/14/09 01/14/09 OVERLIMIT FEE 01/09/09 01/09/09 LATE PAYMENT FEE YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $4,514.54, WHICH WAS YOUR ACCOUNT BALANCE ON THE LATE FEE TRANSACTION DATE. 35.00 39.00 YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST DUE IS SHOWN ABOVE. ARRANGEMENTS FOR FUTURE PAYMENTS SHOULD BE MADE IMMEDIATELY.\? ? 2? C Please follow payment Instructions on reverse side. Payment must be received by 5:00 p.m. local time on Payment Due Date. Sears G rde Account Num 1489 Payrrlallt Tate Account Balance Dus Dste Mkdmum $4,701.34 02/11/09 $1,952 0028778 EX 09 18 08014 1 TXa503 Fve 001 7 N 'IIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II?IIIII 1 Due Amount Endomed 64 BETTY M SCHRAUDENBACH 6029 MOCKINGBIRD DR MECHANICSBURG PA 17050-2077 Please make address corrections above. IIIIIIIIII111'II IIII?IIIIIIIIIIIIIIIIII'lllllllll lllll llllllll Make check payable to SEARS CREDIT CARDS PO BOX 183082 COLUMBUS, OH 43218-3082 100 w? 489 0470134 0195264 0000000 0917 EXHIBIT?_ Information About your AmMun 4 Grace Period far Prrdram The grace period for purchases is at least 20 days. Therefore, to avoid periodic two charges on purchases (excluding balance transfers) that appear on this account stabment, you must have paid the Account Balance on the last statement, less any No IrdwestMo Finance C harge ar Deferred Interest linhinnAit that expire after to payment due date, by the payment due date on that statement and also pay the Account Balance on this statement, less any No kdweatMo Finance Charge or Deferred Interest balances that expire after tie payment due date, by this statement's payment cue date. If balance transfers are available and you made a balance transfer, you may be unable te avoid periodic finance charges on new purchases, as described in that balance transfer offer. Orm Period far Cash Aare Of swladek none. Balance Subject To Finance Charge: we calculate periodic finance charges separately for each balance suW to different lento (e.g., regular Sears purchases, regular External purchases, Batom, cash aaroes transactions, and transactions sub(ect W promotional rates), as applicable to your account However, the periodic finance charges far each trarsacbm su*ct to a No Irtere aft Finance Charge or Deferred Interest offer will be calculated separately even If it has the same terns as another transaction aMect to a No kdemW% Finance Large or Deferred Interest offer. For k; trance charge caloulatloh purposes, Deterred Paymerhta balanncas are treated Ike regular Seine purchases uhleea otherwise In connection with a particular promotional offer. Charges may Include. as W your anent, purchases, balance transfers, cash access transactions, transaction fees, other fees, and any minimum fuance charge. Average Daly Baku "cludinp New Transactions): For each balance, we multiply • the daily balance by the appgceble dally pedok rate. we do this for each day In the billing cycle including the Billing Cycle Closing Date. The member of days In the billing cycle may very. Far each balance, we add up the periodic fiance charges on that balance for each day in the billing cycle and round that amount to the nearest cent The total periodic Won charge for the billing cycle equals the total of the rounded su me for all balarhcea. To pet the dairy balance, we take the beginning balance for each balance every day, add any now charges and any periods finance charge an the previous We balance, subtract any credits or payments credited as of Vst day, and make other adjjustments. This method of calpl" the daily balance results in daily compounding of finance charges. A credit balance a treated as a balance of Zero. For each balance, the Average Daily Balance is the average of the daily bakncea during to bbllmg cycle. If you multiply this figure for each balance by the number of days in the billing cycle and by the applicable daily perie tc rate, the result is the periodic finance charges assessed for that balance, except fa mina vaiatiaa caused by rounding. BE" Riplts &Wv wry In Cm Of firers Or OseNare Abwt War Bite If you think you bill Is wrong, or If you need more ktormation about a transaction on you bill, write ce on a separate rind at the address listed on this statement where it says "YNits to us at" write us as soon as possible. We must hoer from you no later than 80 days after we send you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In you letter please include the blowing inbrmation: • Your nerve and account number. • The dollar amount of the suspected error. • Describe to am and explain, n you can, why you believe there is an error. If you need mss Information, describe the item you are unsure about. • Please sign you latter. You do not have W pay any amount in question while vie are long, but you are still obligated te pay the parts of your bill that are not in question. While we Investigate your qi to colliect the amour you question. on the disputed rem or We any Special you have a pro psCr*M wth ? the quality of n e goods or services that you purchased with a credit cardnot have to , and you l have tried in good faith to correct the problem WM the merchant, have may this protection only to remaining amount due when to purchase price Is more goods or services. urc is made In you hone state or wk* 100 Was of you mailthen $50 ing address. (If we own or operate the merchant, or If we milled you the advertisement for the property or services, all purchases are covered regardless of amount or location of purchase.) Important Psynreat leatmstlons Mir dtirg Paymerris; Payment must be received In proper form at our processing facility by 5:00 p.m. local time there to be credited as of that day. A payment received at the processing facility in proper form after that time will be credited as of the next day. Please allow 5-7 days fa payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment sent by mail Kit is not to the proper form or is addressed to a location, nnckednhg a store location, other than to address listed on the return envelope or an the front of the payment coupon, or, for courier or express mail payments, t0 the Express Payments Address ad forth below. There may also be a delay of up to 5 days in crediting a payment made in-store. 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, gin cards, or foreign currency please. • Include your name and account number on the front of your check or many order. Sanding an dole deck with the paynren caress adhwhas us to cmr*IW the payneet by elednsic eleYlt H we do, tine ciseddnsg aeoomd bent bs deblYd h tine amount on the oMoty as am as the day we recetve the duck, and tin Chadic will be destroyed. Copy Fes: On any matter unrelated to a billing error or disputed purchase, we charge a $3.00 fee fa each duplicate statement for a billing cycle that Is more than 3 months prior to your request. We add this fee to your regular Sears purchase balance. Other Payned Options: • Visit www.SewsCardmn and sign up far online payments. If we receive your request to make an online payment by 5 p.m. Eadam tkne, we will credit yaw payment as of that day. I we receive your request to make an Wine payment after that time, we wit credit your payment on the next day • Pay by Phone. Ybu may make your payment by phone by using the Pay by Phone Service. You will be charged $14.95 to use this payment service. Cal by 5 p.m. Eastern time to have your payment credited as of that day. If you call after that time, the ew ectronic upon verification of your Idsstty? We may process your payment • Sand payment by courier or express mail to the Express Payments address: Attention: Payments Department, 1500 BOnadleid Street, Columbus, OH 43228. Payment must be received in proper form at the proper address by 5 p.m. Eastern time in order to be credited as of that day. All paynw received in proper form at the proper address alter that time will be credited as d to next day. Report a Lost or Was Card imnedlatdy: Our Customer Service Representatives are available by phone 24 tows a day, 7 days a weeds Acoomt leaued by CUMak (Boutin Dakota), NA FVG-001 OI CX6057 - 1 - 04116!09 Sears Gold MasterCard® Cali us at 14800-eee-8488 Go to www.womcard.com Write to us at PO Box 8282 Sioux Fans, SD 571174284 BETTY M SCHRAUDENBACH Payment Due Date Account Number: XXXX XXXX XXXX 1489 Page 2 of 2 02/11/09 28778 Av-a" Corresponding Periodic Rate Periodic Daily ANNUAL D-Day FINANCE Rates *Rate Varies Balance Balance PERCENTAGE RATE M:Month CHARGE SEARS REGULAR $2,487.22 $2,389.76 27.24%* .0747%(D)* $58.91 EXTERNAL REGULAR $2,214.12 $2,186.24 27.24%* .0747%(D)* $53.89 CASH ACCESS REGULAR $0.00 $0.00 27.24%* .0747%(D)* $0.00 Days in Billing Period: 33 Effective ANNUAL PERCENTAGE RATE: 27.24% Minimum FINANCE CHARGE: $0.00 Cardmember News Please see the enclosed privacy notice for important information. The "Effective ANNUAL PERCENTAGE RATE" includes all transaction and periodic finance charges imposed this billing period on all balances on which finance charges were imposed. If the "Effective ANNUAL PERCENTAGE RATE" is N/A, no finance charges (after adjustments) were imposed this billing period. Finance charges may be accruing on promotional balances and may be billed 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 I Pam Cline am employed by Citicorp Credit Services, Inc. (USA) (hereafter CCSI), a subsidiary of plaintiff, Citibank (South Dakota), N.A. CCSI is a service provider for plaintiff in that it services credit card accounts owned by plaintiff. I am authorized to make this verification on behalf of plaintiff. 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 unworn falsification to authorities. V J Signature C-22312 Betty M Schraudenbach Account number ending in 1489 1032 0 ^-7*y 2009 OCT 16 P?1 2: 1 {) n Ni 9 jIlk, 03. So PO ATM eIG* (.,085.7 eT* A-vi to5 - Sheriffs Office of Cumberland County R Thomas Kline RLErICE Sheriff OF TW PR©THONOTMY Ronny R Anderson 1619 OCT 26 AM 9-- 15 Chief Deputy Jody S Smith .. MWERMi CoLtM Civil Process Sergeants Edward L Schorpp Solicitor Citibank (South Dakota) N.A. vs. Betty M. Schraudenbach Case Number 2009-7115 SHERIFF'S RETURN OF SERVICE 10/21/2009 02:50 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on October 21, 2009 at 1445 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Betty M. Schraudenbach, by making known unto Betty M. Schraudenbach personally, at 6029 Mockingbird Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWERS, 001 October 22, 2009 R THOMAS KLINE, SHERIFF De y Sheriff