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Home My WebLink About10-1587OF THE PFOTHIOICTi4W 2010 MAR -8 Pty 1: 02 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. 701 East 60th Street N Sioux Falls, SD 57117 V. CUM P IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CATHY A CASSATT 40 Fish Hatchery Road, Shippensburg PA 17257 Defendant NO. 10 - I.O7 0'i"i ?ef'M 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 $q&oo Pb ATM C-27436 +(,?' 7105'1 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. J . . ? f (wl CATHY A CASSATT NO. 0 7 CV 40 Fish Hatchery Road Shippensburg PA 17257-8620 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 Cathy A Cassatt, who resides at 40 Fish Hatchery Road, Shippensburg, 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. Count I 4. Plaintiff furnished consumer credit to the defendant by means of a(n) Sears credit card with account number ending in 7852 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 $4,582.76 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 on Count I for the sum of $4,582.76, and the costs of this action. Count II 9. Plaintiff furnished consumer credit to the defendant by means of a(n) Sears credit card with account number ending in 2928 hereinafter referred to as the credit card account. 10. Plaintiff kept accurate running records of all debits and credits to the account. 11. Plaintiff mailed to defendant monthly statements for the account including the billing statement attached hereto as Exhibit B. The monthly statements accurately stated the previous balance, the debits and credits to the account for the prior billing period. 12. Before plaintiff mailed Exhibit B, defendant had for many months made payments on account of the billing statement or retained the statement without payment. 13. Defendant's actions as set forth above constituted an account stated between parties for the sum of $1,853.02 which sum reflects the Exhibit B statement balance less credits, if any, which were applied subsequent to the date of Exhibit B. Wherefore, plaintiff demands judgment against defendant on Count II for the sum of $1,853.02, and the costs of this action. Count III 14. Plaintiff furnished consumer credit to the defendant by means of a credit card with account number ending in 1964 hereinafter referred to as the credit card account. 15. Plaintiff kept accurate running records of all debits and credits to the account. 16. Plaintiff mailed to defendant monthly statements for the account including the billing statement attached hereto as Exhibit C. The monthly statements accurately stated the previous balance, the debits and credits to the account for the prior billing period. 17. Before plaintiff mailed Exhibit C, defendant had for many months made payments on account of the billing statement or retained the statement without payment. 18. Defendant's actions as set forth above constituted an account stated between parties for the sum of $1,546.08 which sum reflects the Exhibit C statement balance less credits, if any, which were applied subsequent to the date of Exhibit C. Wherefore, plaintiff demands judgment against defendant on Count III for the sum of $1,546.08, and the costs of this action. P.C. By: Dbra C. Blasker, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. a Sears Premier Card® Call us at 1-800-917-7700 Go to www.soarecard.com Write to us at PO Box 6283 Sioux Fells, SD 57117-6283 CATHY A CASSATT Payment Due Date Account Number: 852 Page 1 of 2 08/04/09 Your Account Summa Billing Cycle Closing Date 07/15/09 Amount Over Credit Line $632.76 Amount Past Due $1,035.09 Total Minimum Due $1,104.09 Previous Balance $4,582.76 Payments & Credits $0.00 Purchases & Debits $0.00 Other Charges $0.00 Total FINANCE CHARGES $0.00 Account Balance $4,582.76 Your Credit Summary Total Credit Line $3,950.00 Total Credit Available $0.00 YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST DUE IS SHOWN ABOVE. ARRANGEMENTS FOR FUTURE PAYMENTS SHOULD BE MADE IMMEDIATELY. Average corresponding Periodic Rate Periodic Daily ANNUAL D--Day FINANCE Rates `Rate Varies Balance Balance PERCENTAGE RATE M-Month CHARGE SEARS REGULAR $4,582.76 $0.00 21.24%* .0582%(D)* $0.00 EXTERNAL REGULAR $0.00 $0.00 21.24%* .0582%(D)* $0.00 CASH ACCESS REGULAR $0.00 $0.00 26.24%* .0719%(D)* $0.00 Days in Billing Period: 33 Effective ANNUAL PERCENTAGE RATE: N/A Minimum FINANCE CHARGE: $0.00 Cardmember News The Sale Date is the Transaction Date. Please follow payment instructions on reverse side. Payment must be received by 5:00 p.m. local time on Payment Due Date. Sears Premier Car& Account Number: 4110011107852 Payment Total Account Balance Due Date Minimum Due Amount Enclosed $4,582.76 -1 08/04/09 7 ( ( $1,104.09 0000000 Ix 09 09196 1 TIMING FXO 001 7 IF 1111I11111II IIII 1111111111111111111111111111 If 1111111111 111 111 CATHY A CASSATT 40 FISH HATCHERY RD SHIPPENSBURG PA 17257-8620 Please make address changes on reverse side. III1111I1111I111I111IIIIIIi111I II IIII111111II I11 VIII II111 Make check payable to SEARS CREDIT CARDS PO BOX 183081 COLUMBUS, OH 43218-3081 200 ?rw7852 0458276 0110409 0000000 0917 EXHIBIT- Sears Premier Card* CATHY A CASSATT Account Number: XXXX XXXX XXXX 7852 Page 2 of 2 0 Cardmember News Call us at 14800-917-7700 Go to www'seemcard.com Write to us at PO Box 8283 Sioux Fells, SD 57117-8283 Payment Due Date 08/04/09 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. Sears Gold MasterCard' CATHY A CASSATT Account Number 411110011OW2928 Page 1 of 2 Your Account Summa Billing Cycle Closing Date 06 IG= Amount Over Credit Line $153.02 Amount Past Due $500.50 Current Minimum Due $105.23 Total Minimum Due $758.75 Previous Balance $1,786.79 Payments & Credits $0.00 Purchases & Debits $0,00 Other Chaff $39.00 FINANCE CHARGES $47.23 Account Balance $1,853.02 Your Credit Summary Total Credit Line $1,700,00 Available Credit Line $0.00 Cash Access Line $170.00 Available Cash $0.00 Call us at 14 0a4de-eft Go to www.eealf- .00M Write to us at PO Box erm2 dicta pak 8D 87117-M Pwmnt Due Date E07/14/09 Nn4J to know how tail bring your avcour t curralt7 Call us and we will show you the way. We ullearstee/ that of that can help brine your w0oreseen things an happen account current. and sometimes 4 can be hard to fellow 111rangh on your bin WWI w" wkh V" listen to Pays. Sul a past due your c011arns and Identify a payment sosulion that may ril I bill can really impact your , your personal situation \J( We I want trot to knew that . It's Imprtawt that you can / Ihero may ba payment 1-866-518-9053 solutions you aren't aware e. we can he* Activity dale Dab Poet Dave D"w*tkm Amount 08112/09 06/12/09 LATE PAYMENT FEE YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $1,766.79, 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 paymnt instructions on rewrse ". Paynwnt must be rexNwd by 5:00 p.m. local tins on Payment Due Dab. Sears Gold MasterCard' Account Number. 2928 P"ONIM Aeco nt Salence Du e Deb Mlnlea? Due Al xmM EnaI 51,853.02 07/14/09 L $758.75 0106119/ EX 11 A 00107 1 TXaaW wW 001 7 a 11/1111111111111111111111111111111111111111i11t111111111111111 CATHY A CASSATT 40 FISH HATCHERY RD SHIPPENSSURO PA 17257-8820 Please make address oonections above. 11111111111 / I I I 11111111111"Illli111111111111111111111111111 Make ohook Payable to SEARS CREDIT CARDS PO BOX 183082 COLUMBUS, OH 43218-3082 100 2428 0185302 0075875 0000000 1116 39.00 EXHBIT InimaNMa Ar«d Maur Acomod Grace radW M Pta "' - You can avoid pariodb rVa nce on purchsaf but not on balance hnabre and ash access bate (If avoN* on your acctwq This Is called a gme period on purdstas. You can not I perbQof at least 20 days. To do so, pay the following Dy deb every biling cycle; • the Axant 8alence less • any Debrred Merest balances tht aft the due dale. If you do nott you veil not ref a graa period aleess you pay the above amount by Oa due data for two b1FRg qcb In a row. In INIM cerl tr panodonsl oflers m Mrs Oa VIod on prises, OOar proato0aal chats, In smllon b Deterred kft dbM hvln9 b M?por5r5Z ofle?ti?re Ipprroa?mnor pwW aii Is once by the endue WNW date. Ifeititw ass,thepromotlonalofferwBdsscribewhthappene. Bdow ? 10 Anana QwW We uss an average daily balance cmfarpp ?tldssa?p!foraachbolonoo Those a6 lettceakr?rr?de ExMM111- pptrclfre as' va seisms, C"h o e re' other r sad difbrerrt balellcaa a gpNable to trour aocoutt ban we t al; cnsrga we boat each Dalarred rest Vanwctlai UP"" - if It has the awns terms ss anolher we Salo DA& The Sete Dab shown on fie Account Statement Is aleo the TranaetlonDele. owroi M Cato of Erma or Ousdeas Abool Yaw rt If you think your bill is or " liftmotion wlbMs 81 Oka add er a VBW this M e tent whi n" Y9 rlb tlo us st"Write ua M Boon as faa?p? We must hear from you no lebr than 00 sdayyss raft we send the first bill on which ft error or your rIPIL yorr l far phro?followi g inlWar tlo t not preserve Ur hams and account number. The dollar amount of le error. Describe the error Ed "?trou an, wM you beilove there b an orror;lf you need mom Ind Oon, describe lfa item you are uneure about. Plowelpyourietier. You do not hw to pIy ny wnmwl ID thl In altalioornaa a le art that an fbtg But are M? at your?Wsstfon,we notla m U on dkrpubd a or tale am action Oho calnebcf the SPIW FAk for pMt Cann Fludsaa ti you have a problem with the kfralky of goods or services that you ourchaeed with a credit card, and you have tried in good fob to correct the problem with the merchant, you may not have to pay the remaining amount due on the pods or services. You have this " rotection on j when the purchase price is more then $5o and the pyrdess is made in amp oOperabmda?MOFMK a Ifwel m aileddyj ou ft adverbsenre? M forts e property or services, d purchases are covered regardless of amount or of purrdtsse.? brgwianrt ?yt hreftetMa alter ssrem," on hW Fuut, Fora payment sentby mall orcourlerto be in proper form, you must • IBM- o a valid check or money order. No ash, girt cards, or foreign currerwypleaee. • nb?M? nerve and scoornt number on the front of your check or N reu eeutl sa MgIbM cask Cllr lli =4211 W, you aaBrwleeuo to aonaplMop Yrrpa by w 4 lhdrsdlrr/anostM brtMarnetwtotrlmdook.We May do o2 Ma? tM /ay we reeolvo Vie dwmL Ab% Bw fit We dwr 83 broach copy of an scco ntsMemenrt Uwtddes tart 3 months or more. We add the fee to ft regular Sears purchae balance. We waive the be If your request for the copy relates to a billing orrorordbpuled pukctaee. Page va Oplous OMr flan lle/dsr Mar. • Onto PaMft ft www.SearoCard.rom and elk up br online paynerds mentmeymmebwdoyallwarekxTwyokrregkeet b make an online end by 5 p.m. Essbm time we wI kredityour payment ss of ti we reahe your rogpuasYem? to make an online payment 911or dl* For bi that roaaoirssjro Iknayc unable to your ? ?e tnod he AcoantBllenawlOtyour retonlnepayment Pay by Phoao lwvlos. You may use ft service any time to male a g3ment by phone. You will be charged $14.95 b uss Ms service. Call 5 p.m. Enbrn t1mo b he o=meatcredibd is of Oat OBY ff You call OW thot nadrbyrWe may 0?0l?o?ryour *tilecbak aflerwneevaey rf? yaw kbntlgr. emP+yarwOa MYoucan onist Add* PPay aanis Dept tmeentt, 15000 ttir ?it tiolumbu, Ott 49228 Paymentmuatbo received let 0?oPer at Oa p address by 5 p.m. Eubm lime to be credrsd are of tlat day AO p8nnenle recaived In Droper form at the pnoperaddrossafbr 1Mlhne wit be credtbd aok?fla nwdday. Se 284 h?arrei daffy, 77 dCold week You may call Cuslorner A I - lofted by CMm* (Soolk OalwN. M,A. O1 DFSW - 2 • of n3R00e Sears Gold MasterCard' CATHY A CASSATT Account Number: )0=)0= XXXX Mill Pape 2 of 2 louse Averpe ply Call us at 14OD480-Ow Go 10 www.searecard.com Write to us at PO Box Sioux Falls, SD 57117 PWMM Due Date L 07/14/09 irq Perlodlo Rate Pariod10 [Al Wond RAW 'Rote varies gey Rains 'ay FE-FORTAGIR RATE M-Month FINANCE _CB MW SEARS REGULAR $302.58 $265.97 E MRNAL 28.9976• .0822%(D)' $7.00 REGULAR $1.550.44 $1.529.60 28.88%' .0822%(D)' $40 23 CASH ACCESS . REGULAR $0.00 $0.00 28.88%• .0822%(D)' $0.00 Days In Billing Period: 32 Effective ANNUAL PERCENTAGE RATE: 28.98% Minimum FINANCE CHARGE: $0.00 Caydrrwmber News The Sale Dab is the TransecUon Date. The "Effective ANNUAL PERCENTAGE RATE" includes all tnxoaclion and periodic finance charges Imposed this billing perbd on all balances on which finance charges were Imposed. If the "Effective ANNUAL PERCENTAGE RATE" Is WA. no trance charges (efbr adjustments) were Imposed this billing period. Finance charges may be accruing on pronatbnsl balances and may be billed to your account under the terms of the promotional offer. Rater to the corresponding APR for the APR that applies to each balance. 0 i ? OQ N w G Q : q J O t Is VminG X ? N ?J O z ? N a ? a =u E a E o a >' ? a = i 1=1ee O O R m v. E q < X11 tapp =a: ?g s? ?s 5 a ul 0 ? I A;. P m 1 0 0 0 0 0 E u A Z b Id i 5.4 !if .ppg I a 0 VI e, VS ,?, ? 0 O ? N ? O 0 N ? O m ro y ? ? N V H d r > a C IT <o C N odd 3 c 3 cgEy `b a vo C E ? u pp^? " o _ q n O Y N A F m e M E g O ? N N Y _ O. 0- urn 1 c: € 0 °'m a_ '- Q1 N y C $o a+ rpm N°, d`>E- CL C N C) a O CO ti CD a c .. E C D d, E° " ° d to b rn ' ° o 14 O N O a 0 ° yoo c Y O IQ tn d > v v a A^ n 'm ?>nn N No QD 'W .II Ian •1'0 ? i a ° o .2 5:5 O N ?- I° a' cNi a i `o in = oo° Nn Man am Mler N1maM ewtredlelr Mfeeelee Male elree?ayeata a.:C It) Cards Total New Balance: x (/Y/ I/ $1e316A6 C' U V r 1964 Minimum Amount Due: Amount Enclosed: $1.316.06 Payment Due Date: 06163/2669 Pe ~4 n t be melved by 5:00 PM Foal tMe en the PaYm"t due data. 000000 MC 32 A 0 CATHY A CASSATT 40 FISH HATCHERY RD CITI CARDS SHIPPENSBURG PA 17257-8620 P.0. BOX 182564 COLUMBUS, ON43218-2564 V EXHIBIT Verification I, Mark Molinarin , 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 unsworn falsification to authorities. r &WAg?z Signature C-27436 and C-27464 & C-28785 Cathy A Cassatt Account numbers ending in 7852 and 2928 and 1964 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff rit Cot Jody S Smith Chief Deputy 22 Edward L Schorpp , r Solicitor ?,F E -c - :??Gt .pr Citibank (South Dakota) N.A. Case Number vs. Cathy A. Cassatt 2010-1587 SHERIFF'S RETURN OF SERVICE 03/11/2010 06:28 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 11, 2010 at 1825 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Cathy A. Cassatt, by making known unto herself personally, at 40 Fish Hatchery Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $46.00 March 12, 2010 Z16tL--L 1A 2n-dm-aA? GERALD WORTHINGTO DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (c- GOur"ySuite Sheriff. Tei eosoft. Ir.c,