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HomeMy WebLinkAbout09-7321J 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. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RONALD STINE NO. Oq - ?3al Ctvt I Ter-yr? 197 Skyline Drive, Mechanicsburg PA 17050-1755 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-22060 4 Complaint 1. Plaintiff is CITIBANK (SOUTH DAKOTA), N.A., with place of business located at 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. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O9. 732I Cctr - ' RONALD STINE 197 Skyline Drive, Mechanicsburg PA 17050-1755 Defendant CIVIL ACTION - LAW 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Ronald Stine, who resides at 197 Skyline 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 0327 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 $2,648.65 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 $2,648.65, and the costs of this action. Burton Neil &-,Assocs, P.C. By: Yale /J3. Weinstein, Esquire A ev for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt Sears Card® Call us at 1-800-917-7700 Go to www."orocard.com • Write to us at PO Box 8283 Sioux Fells, SD 57117-8283 Your Account Summa RONALD STINE Account Number 0327 Page 1 of 2 Billing Cycle Closing Date 01/20/09 Amount Over Credit Line $228.65 Amount Past Due $655.73 Total Minimum Due $717.73 Previous Balance $2,613.65 Payments & Credits $0.00 Purchases & Debits $0.00 Other Charges $35.00 Total FINANCE CHARGES $0.00 Account Balance $2,648.65 Your Credit Summary Total Credit Line $2,420.00 Total Credit Available $0.00 Payment Due Date 02/09/09 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 ovine, or call to get personal assistance ///111 O • See when a payment Is due or posted • Select from affordable payment options to meet your needs that may- - Lower you annual percentage rate - Lower you minimum payment Contact us today-we can help. Activity Sale to Post Date Description Amount 01/15/09 01/15109 LATE PAYMENT FEE 35.00 YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $2,613.65, 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 Instructions on reverse side. Payment must be received by 5:00 p.m. local time on Payment Due Date. Sears Card' Account Number: 0327 Payment Total Account Balance Due Date Minimum Due Amount Enclosed -1 ( $2,648.65 02/09/09 $717.73 0000000 EX 13 09020 1 TRa006 FX9 001 7 ¦ IIII??III I?IIIIIIIIIIIIIIIIIII'?11IIIIIIIilllllll ll?IIIIIII'II IIIIIIIII ?IIIIIIIIIIIIII?IIIIII'?IIIIIIIIIIII'?illllll'I111III Make check payable to RONALD STINE SEARS CREDIT CARDS 197 SKYLINE DR PO BOX 183081 MECHANICSBURG PA 17050-1755 COLUMBUS, OH 43218-3081 Please make address changes on reverse side. wa? XHI E731 T `?b Sears Card" RONALD STINE Account Number: XXXX XXXX XXXX 0327 Page 2 of 2 0 Cali us at 1-800.917-7700 Go to www."amcard.com Write to us at PO Box 828:1 Sioux Faille, SD 57117-8283 Payment Due Date 02/09/09 Average Corteeponding Periodic Rate Periodic Dairy ANNUAL D-Day FINANCE Rates *Rate Varies Balance Balance PERCENTAGE RATE M=Month CHARGE SEARS REGULAR $2,648.65 $0.00 25.40%* .0696%(D)' $0.00 EXTERNAL REGULAR $0.00 $0.00 25.40%* .0696%(D)* $0.00 CASH ACCESS REGULAR $0.00 $0.00 25.40%* .0696%(D)* $0.00 Days in Billing Period: 33 Effective ANNUAL PERCENTAGE RATE: N/A 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. W 4 Verification 1, L,ba-ftm t , 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. Signature C-22060 Ronald Stine Account number ending in 0327 1031 0 2119OCT 23 lMCi? ti *'?8. s© Po AYH c k, & M3 1? a,3a.so? Sheriff s Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor fi ~q~ti4'll'~ 11. Oil ittf;(l~ ~~ "' i r '^ r f t ~~~~£~1 Za~~ ~,~~ -~ ~~, ,~: ~ 7 Citibank (South Dakota) N.A. vs. Ronald E Stine Case Number 2009-7321 SHERIFF'S RETURN OF SERVICE 10/30/2009 08:54 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 30, 2009 at 2054 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ronald E. Stine, by making known unto himself personally, at 197 Skyline Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 November 02, 2009 SO ANSWERS, ~.a R THOMAS KLINE, SHERIFF >3y D ty Sheriff 1,01- '"? ...n GT C-22060 / 232 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) Pa.R.C.P. § 3103 to 3149 CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff v. RONALD STINE 197 Skyline Drive, Mechanicsburg PA 17050-1755 Defendant(s) AMERICHOICE FEDERAL CREDIT UNION 2175 Bumble Bee Hollow Road Mechanicsburg, PA 17055 Garnishee(s) : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNS : NO. 09-7321 CIVIL TERM : CIVIL ACTION - LAW To the Prothonotary: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER 1. Directed to the Sheriff of Cumberland County, Pennsylvania 2. against 3. and against AmeriChoice Federal Credit Union , Garnishee(s) 4. and index this writ (a) against Defendant(s) (b) against Garnishee(s) as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (specifically describe property) NO LEVY - GARNISHMENT ONLY Serve interrogatories on garnishee at: 2175 Bumble Bee Hollow Road, Mechanicsburg, PA 17055 RONALD STINE , Defendant(s) 5. Amount Due Credit Interest from 12/11/09-8/31/14 Total *Plus writ costs Dated: October 14, 2014 $2,648.65 - 300.00 755.82 t $3,104.47* Yale D Attorn eins - in squire for Plaintiff NOTE: Under paragraph 1 when the writ is directed to sheriff of another county as au orized by Rule 3103(b), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued. Paragraph 3 above should be completed only if indexing of the execution in the county of issuance is desired as authorized by Rule 3104(a). When the writ issued to another county indexing is required as of course in that county. See Rule 3104(b). Paragraph 4(b) should be completed only if real property in the name of the garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). This is an attempt to collect a debt, and any infomtation obtained will be used for that purpose. This communication is from a debt collector. a /t#/ bs3 l THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717)240-6195 www.ccpa.net CITIBANK (SOUTH DAKOTA), N.A. Vs. NO 09-7321 Civil Term CIVIL ACTION — LAW RONALD STINE WRIT OF EXECUTION (Pa R.C.P. 3252) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against RONALD STINE, 197 SKYLINE DRIVE, MECHANICSBURG, PA 17050-1755 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of AMERICHOICE FEDERAL CREDIT UNIONGARNISHEE(S), as garnishee, 2175 BUMBLE BEE HOLLOW ROAD, MECHANICSBURG, PA 17055 (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant(s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due 2,348.65 Plaintiff Paid Interest FROM 12/11/09-8/31/14 -$755.82 Law Library $.50 Attorney's Comm. % Due Prothonotary $2.25 Attorney Paid $158.50 Other Costs Date: 10/20/14 12.44eleLI David D. Buell, Prothonotary (Sul) Deputy REQUESTING PARTY: Name : YALE D. WEINSTEIN, ESQUIRE Address: LAW OFFICES BURTON NEIL & ASSOCIATES, P.C. 1060 ANDREW DRIVE, SUITE 170 WEST CHESTER, PA 19380 Attorney for: PLAINTIFF Telephone: 610-696-2120 Supreme Court ID No. MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW I. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY YOFT1C'e OF 194E .9F4 RIFF ILcU-UIF'ICE I.i- THE PROTHONO TAp, 201(t OCT 27 PM 2149 CUMBERLAND COUNTY PENNSYLVANIA Citibank (South Dakota) N.A. vs. Ronald E Stine Case Number 2009-7321 SHERIFF'S RETURN OF SERVICE 10/22/2014 01:22 PM - Christopher Sharpe, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, AmeriChoice Federal Credit Union, 2175 Bumble Bee Hollow Road, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County, by handing to Donna L. Sprenkle, AVP of Compliance, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on October 23, 2014 to Ronald Stine at 197 Skyline Drive, Mechanicsburg, PA 17050-1755. October 23, 2014 , CountySuite Sherif`: Te!eosoft. C RISTO ER SHARPE, DEPUTY SO ANSWERS, RONNR ANDERSON, SHERIFF 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. Plaintiff v. RONALD STINE Defendant and AmeriChoice Federal Credit Union Garnishee To the Prothonotary: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-7321 CIVIL TERM : CIVIL ACTION - LAW Praecipe to Dissolve Attachment Dissolve the attachment against AmeriChoice Federal Credit Union, ishee. Burton Ne. By: ates, P.C. e D. Weinstein, Esquire Attorney for Plaintiff This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. C-22060 CIS6 CILOM)//4," 44, Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 103 C1121.0pri Or F10Ec rVt'!CRIFF F_1J-0i- HUE (.1'" THE PRO1 HOU iAR 2014140V 10 PPI 3:22 CUMBERLAND COUNTY PENNSYLVANIA Citibank (South Dakota) N.A. vs. Ronald E Stine Case Number 2009-7321 SHERIFF'S RETURN OF SERVICE 10/22/2014 01:22 PM - Christopher Sharpe, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, AmeriChoice Federal Credit Union, 2175 Bumble Bee Hollow Road, Upper Allen Township, Mechanicsburg, PA 17055, Cumberland County, by handing to Donna L. Sprenkle, AVP of Compliance, personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on October 23, 2014 to Ronald Stine at 197 Skyline Drive, Mechanicsburg, PA 17050-1755. 11/10/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiffs attorney. SHERIFF COST: $93.87 SO ANSWERS, November 10, 2014 RONN R ANDERSON, SHERIFF 0-4 3 J3d-? (c) CountySuito Sheriff, Teleosoft, fnc,