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Home My WebLink About09-7353A Burton Neil & Associates, P.C. By: Edward J. O'Brien, Esquire ID. NO. 32985 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 BARBARA A BLACK : NO. JDq - 7 353 1 V 1 tTer*A 109 Wyncote Court, Mechanicsburg PA 17055-5652 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-23443 46 Burton Neil & Associates, P.C. By: Edward J. O'Brien, Esquire ID. NO. 32985 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. BARBARA A BLACK 109 Wyncote Court Mechanicsburg PA 17055-5652 IN THE COURT OF COMMON PLEAS- CUMBERLAND COUNTY, PENNSYLVANIA : NO. D 9. 7 3 5,3 C.? ;J -r?-... 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 Barbara A Black, who resides at 109 Wyncote Court, 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 2509 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. 46 8. Defendant's actions as set forth above constituted an account stated between parties for the sum of $1,623.62 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 $1,623.62-; and the costs of this action. i Burto Neil ZJ4Y11rien-, S, P.C. By: --'? Ed Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. Your Account Summa Sears Gold MasterCard" BARBARAA BLACK Account Numbe?.2509 Page 1 of 2 Billing Cycle Closing Date 02103/09 Amount Over Credit Line $0.00 Amount Past Due $431.65 Current Minimum Due $90.00 Total Minimum Due $521.65 Previous Balance $1,550.62 Payments & Credits $0.00 Purchases & Debits $0.00 Other Charges $39.00 FINANCE CHARGES $34.00 Account Balance $1,623.62 Your Credit Summa Total Credit Line $2,000.00 Available Credit Line $0.00 Cash Access Line $200.00 Available Cash $0.00 Payment Due Date 03/03/09 Wish you could put your past due bill behind you? Your tax refund can help make it happen. Many customers have resolved overdue amounts by using their tax refund money. It's simple and convenient. If you're not expecting a refund, we may have payment options available. Call today, and together, we'll come up with a solution that is right for you. Activity Sale Date Post Date Description Amount 02/02/09 02/02/09 LATE PAYMENT FEE 39.00 YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $1,550.62, 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 Gold MasterCard" Account Number 8_ 2509 Payment Total Account Balance Due Date Minimum Due Amount Enclosed C $1,623.62 03/03/09 F7$521.65 BARBARA A BLACK 109 WYNCOTE CT MECHANICSBURG PA 17055-5652 0015552 ED 02 A 09034 1 7X3503 Fva 001 7 N lllllllllllllllllllli 11111111111111111111111111111111111111111 Please make address corrections above. lllllllllllllllllllllllllllllllllllllll llllllllilll11111111111 Make check payable to SEARS CREDIT CARDS PO BOX 183082 COLUMBUS, OH 43218-3082 Call us at 1-800.869-8488 Go to www.seameard.com Write to us at PO Box 6282 Sioux Falls, SD 57117-6282 23µ ?l3 100 2509 0162362 0052165 0000000 0214 'EXHIBIT A-- Information About Your Account Grace Period for Purdas•s The grace period for purchases Is at least 20 days. Therefore, to avoid periodic finance charges on purchases (excluding balance transfers) that appear on this account statement, you must have paid the Account Balance on the last statement, less any No YderesfMo Finance Charge or Deferred Interest balances that expire after the payment due data, by the paymert due date on that statement and also pay the Account Balance on this statement, less any No IntersetMo Finance Charge or Deferred Interest balances that expire after the payment due date, by this statement's payment due date. If balance transfers are available and you made a balance transfer, you may be unable to avoid periodic finance charges on new purchases, as described in that balance transfer offer. Grace Period for Cash Access of avatiabak none. Balance Subject To Finance Charge: We calculate periodic finance charges separately for each balance subject to different tem s (e.g., regular Sears purchases, regular External purchases, Old Balances, cash access transactions, and transactions subject to promotional rates), as appliceble to your account. However, the periodic finance charges for each transaction subject to a No Intem5ft finance Charge or Deferred Interest offer will be calculated separately even if it has the same terms as another transaction subject to a No Interest/No Flounce Charge or Deferred Interest offer. For perlodlc finance charge calculatton purposes, Deferred Payments balances are treated like regular Seara purchases unless otherwise specified In connection with a particular pro motional offer. Charges may include, as applicable to your account, purchases, balance transfers, cash access transactions, transaction ices, other fees, and any minimum finance charge. • Average Daffy Balance (Including New Transactions): For each balance, we multiply the deity balance by the applicable dally periodic rate. We do this for each duty in the billing cycle Including the BION Cycle Closing Date. The number of days In the billing cycle may vary. For each balance, we add up the periodic finance charges on that balance for each day In the billing cycle and round that amount to the nearest cent. The total periodic finance charge for the billing cycle equals the total of the munded sums for all balances. To get the dairy balance, we take the bep'nning balance for each balance every day, ;worry now charges and any periodic finance charge on the previous day's balance, subtract any credits or payments credited as of that day, and make other adjustments. This method of calculating 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 balances during the billing cycle. H you multiply this figure for each balance by the number of days in the billing cycle and by the applicable daily periodic rate, the result Is the periodic finance charges assessed for that balance, except for minor variations caused by rounding. Bwe Rwft Summary In Case Of Errors Or Ound ma About Your Bill: If you think your bill is wrong, or H you need more kdormation about a transaction on your bill, write us on a separate sheet at the address listed on this statement where it says "Write to us at" Write us as soon as possible. % must hear from you no later than 80 days afar 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 your left please include the following information: • Your name and account number. • The dollar amount of the suspected error. • Describe the error and explain, H you can, why you believe there is an error. If you need more information, describe the item you are unsure about. • Please sign your letter. You do not have to pay any amount in question while we are inveatiggaaling, but you are still obligated to pay the parts of your bill that are not In question. YMhla we Investigate your question, we cannot report you as delinquent an the disputed Item or take any attar to collect the amount you question. Special Rule for CroM Card Plrakasos H you have a problem with the quality of goods or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remakdrg amount due on the goods or services. You have this protection ony when to purtl?ase price Is more than $50 and the purchase o made In or aperete your tame ata6e or wlh(n 100 miles of you mailing address. Of we own the mm aud, or if we mated you the advertisement for the property or services, all purchases are covered regardless of amount or location of purchase.) Important Payment Instructions Credtithg Paysnon 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 for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment sent by mail if it is not in the proper form or is addressed to a location, including a store location, other than the address listed on the return envelope or on the front of the paymentcoupon, or, for courier or express mail payments, to the Express Payments Address set forth below. There may also be a delay of up to 5 rays 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, girt cards, or foreign currency please. • Include your name and account number on the front of your check or money order. Sending an dW* clack with the payment coupon autlrodm us to complete the payment amaot on by da A ask: doWL If via do, the checildnill account will be dabbed chooK as soon as day we roe" the slack, and da d In redc will be destroyed. the C ply s0any each duplicate lied to a statement ifor a hill or disputed purchase, we charge Is than prior to yaw request. We add this fee to our ar cycle that more 3 months your regular Sears purchase th alelanc?nke. Other Payment Options: • Volt www.SearaCard.com and sign up for online payments. H we receive your request to make an online payment by 5 p.m. Eastern time, we will credit your payment as of that day. H we receive your request to make an online payment after that time, we will credit your payment on the next day • Pay by Phone. You 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. H you call after that time, your payment will be credited as of the next day. We may process your payment electronically upon verification of your identity. • Send payment by courier or express mail to the Express Payments address: Abandon: Payments Department, 1500 Boftfield 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 payments received in proper form at the proper address after that time will be credited as of the next day. Report a Lost or Was Gard Immedfahty: Our Customer Service Representatives are available by phone 24 hours a day, 7 days a week. Account Merced by Citibank (South Dakota], N.A. FVG-001 01 CX6057 -I - 04116/09 ' Sears Gold MasterCard BARBARAA BLACK Account Number: XXXX XXXX XXXX 2509 Page 2 of 2 15552 Call us at 1-801}e89-8488 Go to www.*"recard.com Write to us at PO Box 6282 Sioux Falls, SD 57117-8282 Payment Due Date 03/03/09 Average Correapordng Periodic Rate Periodic Daily ANNUAL D--Day FINANCE Rates `Rate Varies Balance Balance PERCENTAGE RATE M=Month CHARGE SEARS REGULAR $287.93 $248.79 27.240/9` .0747%(D)" $5.39 EXTERNAL REGULAR $1,335.69 $1,320.83 27.240/6 .0747%(D)" $28.61 CASH ACCESS REGULAR $0.00 $0.00 27.24%" .0747%(D)• $0.00 Days in Billing Period: 29 Effective ANNUAL PERCENTAGE RATE: 27.24% Minimum FINANCE CHARGE: $0.00 Cardmember News The Sale Date is the Transaction Date. 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. . , ,. Verification I, , am employed by Citicorp Credit Services, Inc. (USA) Sa OlUl'of (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 unsworn falsification to authorities. Us#,, "- Signature C-23443 Barbara A Black Account number ending in 2509 1032 10 RB)-OFr1CE CE THE , , 1N0NOTARY 2009 OCT 2b PM 2: 17 CUl ?,, '? a d COUNTY PENNSYLVANIA 4-M.5o Po Arrl ce (ocgo4 e CLUS71 Sheriffs Office of Cumberland County R Thomas Kline Sheriff ?6?tttp 6? ?R1Nbprf??? OFFICE T-E $14ERIFF OF THE PFOWDNOTARY Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant 1009 OCT 29 AM 10: 18 CUME -UNTY PENN?YLVANIA Edward L Schorpp Solicitor Citibank (South Dakota) N.A. vs. Barbara A. Black Case Number 2009-7353 SHERIFF'S RETURN OF SERVICE 10/27/2009 07:18 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 27, 2009 at 1918 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Barbara A. Black, by making known unto herself personally, at 109 Wyncote Court Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 October 28, 2009 SO ANSWERS, IAOO%e l R THOMAS KLINE, SHERIFF Deputy eriff PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) Pa.R.C.P. § 3103 to 3149 CITIBANK (SOUTH DAKOTA), N.A. IN THE COURT OF COMMON PLEAS 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff v. :CUMBERLAND COUNTY, PENNSYLVANI A BARBARA A BLACK 109 Wyncote Court, Mechanicsburg PA 17055-5652 Defendant(s) NO. 09-7353 CIVIL TERM METRO BANK 1130 Carlisle Road, Camp Hill, PA 17011 C-~ a , -; Garnishee(s) :CIVIL ACTION -LAW ~ p ~'-' ~ To the Prothonotary: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATT~_ '~' r_ :r~ ,: Directed to the Sheriff of Cumberland County, Pennsylvania = i~'' 1 w ~-' ca . 2. against BARBARA A BLACK , Defendar~~~~) ~, ~=~ r~~ -~ 3. and against METRO BANK , Garnishe~) ~' 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: 1130 Carlisle Road, Camp Hill, PA 17011 5. Amount Due Interest from 12/11/2009 Total *Plus writ costs Dated: April 7, 2010 $1,623.6 $ 33.71 $1,657.3; ~a~-.5o PP A7'r`I 37. oo Cgs '78.5p '' I~. oo " a.so ~. I~.50 '~A AT~'f NOTE: Under paragraph 1 when the writ is directed to sheriff of another county as authorized 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). The firm of Burton Neil & Associates, P.C. is attempting to collect a debt. C-23443 ~07'~ uUe~ •SO u- e~,~'7a478 ~~~o~~ ~ri+o~Gjc.1 Attorney for Plaintiff RED-tf-ICE THr- I0 AUro31 AM I I : L 2 COME i :? ?dUUNiY PENNSYLVANIA Burton Neil & Associates, P.C. By: Edward J. O'Brien, Esquire ID. NO. 32985 1060 Andrew Drive, Suite 170 West Chester. PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff IN THE COURT OF COMMON PLEAS v. BARBARA A BLACK Defendant and METRO BANK Garnishee CUMBERLAND COUNTY.. PENNSYLVANIA NO. 09-7353 CIVIL TERM CIVIL ACTION - LAW Praecipe to Dissolve Attachment To the Prothonotary: Dissolve the attachment against METRO BANK, garnishee. Burto 4eil sociates, P.C. By: Edward J O' ?ien Esquire Attorney or Plaintiff ?8. oo Po A-rr1 The law frni of Burton Neil & Associates is a debt collector. CrgI 6a.i 2#a14 -7507 C-23443 i x SHERIFF'S OFFICE OF CUMBERLAND C UNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor x= Citibank (South Dakota) N.A. vs. Barbara A. Black SHERIFF'S RETURN OF SERVICE Case Number 2009-7353 according 04/28/2010 11:33 AM - Michelle ours, attached as herein command d alllgoods,nchatte s, rito law, states that on ghts, debts, cued its, andpnl 28, 2010 at 113 monies of the within named defendant, to wit. Barbara a. Black, in the hands, possession, or control of the within named garnishee, Metro Bank, 1130 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011; by handing to Liz Swezey, Assistant Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents thereof known to her. The writ of execution and notice to defendant was mailed on May 3, 2010 t Barbara A. Black at 109 Wyncote Court, Mechanicsburg, PA 17055-5652. 11/02/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states his writ of execution is returned as ABANDONED. No action on writ in over 6 months. ' SHERIFF COST: $96.21 SO A ERS, ? RONNYVR ANDERSON, SHERIFF November 02, 2010 B iron R. Z Telecsoft h-C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-73531 Civil C ..T iL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: N.A., Plaintiff (s) To satisfy the debt, interest and costs due CITIBA'NK (SOUTH DAKOTA), From BARBARA A. BLACK, 109 Wyncote Court, Mechanicsburg, PA 17, 55-5652 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: METRO BANK, 1130 Carlisle Rd, Camp Hill, PA 17011 shee(s) is enjoined and to notify the garnishee(s) that: (a) an attachment has been issued; and from deli the g any property of the defendant paying any debt to or for the account of the defendant ) (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is fo and in the possession of anyone other than a named garnishee, you are directed to notify him/her that h /she has been added as a garnishee and is enjoined as above stated. L.L. $.50 Amount Due $1,623.62 Interest from 12/11/2009 Atty's COMM % Due Prothy $2.00 Other Costs Atty paid $156.50 Plaintiff Paid Date: 4/19/10 ?---? D- abi. Buell, (Seal) By: REQUESTING PARTY: Name EDWARD J. O'BRIEN, ESQUIRE Address: BURTON NEIL & ASSOCIATES, PC 1060 ANDREW DRIVE,M STE 170 WEST CHESTER, PA 19380 Attorney for: PLAINTIFF Telephone: 610-696-4111 Supreme Court ID No. 32985