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Home My WebLink About11-0249Fiz~o-oFF~c~ ~lF THE FR~T'rIONOTARY 2011 .!, .; ; n ,.... L,: U~ __~.. _ C L ,r }~ 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 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. BETH CHINNICK NO. a,O ~ ~ " ~ -1 "'v t ~ ~~~ 79 Mare Road, Apt 4, Carlisle PA 17015-9516 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-44276 S 8, oo ~D a ~ ~ 09 a3a~1 ~~. a53 S~F`] Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. N0.202150 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 v. BETH CHINNICK 79 Mare Road, Apt 4 Carlisle PA 17015-9516 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 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 Beth Chinnick, who resides at 79 Mare Road, Apt 4, Carlisle, 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) CITI BUSINESS CARD MASTERCARD credit card with account number ending in 4403 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 $3,000.27 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 $3,000.27, and the costs of this action. Burton >~iei'~B~Associates. P.C. By: for Esquire The law firm of Burton Neil & Associates, P.C. is a debt collector. CitiBusiness° Platinum Select° Card Account Summary Statement BETH CHINNICK HEALHTY LIFE Business Account 403 Total Cardmembers: 0 June 2 -July 1, 2009 QUICK REFERENCE Minimum Payment $3,000.27 New Balance 53,000.27 Due Date* 07/27!09 'Payment must be received by 5: 00 pm local time on the Payment Due Date Pest Due 5648.86 Business Credit Line $4,000 Available Credit $0 Cash Advance Line $2,000 Available Cash Advance $0 ACCOUNT SUMMARY Previous Balance.... ... ... ........ $2,936.06 Payments, Credits and~Adjustments........... 0.00 Purchases.. .............................. 0.00 Cash Advances .............................. 0.00 Finance Charges ..........................•• $60.00 Fees.. ............................ New Balance ............................ $3,000.27 MONTHLY ACTIVITY BY CATEGORY Miscellaneous .............................. $64.21 NEWS FROM CITI Your account has been permanently closed. Remit the past due amount of $648.86 immediately. Please see enclosed privacy notice for important information. Detach and fogow payment Instructlona on reverse side. EXHIBIT ~ BusYtea Aeeoattt Nuteber 03 PNase 6tttsr Amount a/ Payreont Enclosed w lance 07/27/09 $3,000.2 $3,000.2 225N BM 32 A 1 CRB502343 BETH CHINNICK HEALHTY LIFE 79 MARE RD. APT.4 CARLISLE PA 17015-9516 Page 1 of 2 ~a,~ G How To Reach Us Visit www.citicards.com Customer Service: 1-800-750-7453 or write to CitiBusiness Card, PO Box 6235 Sioux Falls, SD 57117-6235 CITIBUSINESS CARD PO BOX 183051 COLUMBUS, OH 43218-3051 ( ) ( > ~ • Ir you provide an retail address we may uce it to conlad you about your xcaunt. we may also ux your rmall WMes to send yeu Inlermatlen about productc and srvicac you mi¢,t find uceluw, BETH CHINNICIC HEALHTY LIFE Page 2 of 2 Business Account 5082 2900 0739 4403 June 2 -July 1, 2009 BUSINESS ACCOUNT SUMMARY Business Activity. ' Purchases Standard Purch Trans Post Description Amount 07/01 PURCHASES* FINANCE CHARGE*PERIODIC RATE $64.21 Total Standard Purch $64.21 Finance Charge Summary Periodic Transaction Nominal fINANC,~ Fe~~~ PURCHASES APR CIiAR(iE Standard Purch 27.240°k 564.21 50.00 ADVANCES Standard Adv 27.240% 50.00 50.00 Total FINANCE CHARGE 564.21 #' Verification Lisa Blumer I, ' , 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. d Signature C-44276 Beth Chinnick Account number ending in 4403 1023 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ??yt?1, Q1 ?uulbrp?e7lr? OF 1 NE PROTHONOTAR`{ THE PROTHONOTARY Richard W Stewart Solicitor OFF, E',A-t. ?FiF?: 2011 JAN 24 AM 11: 17 CU PENNSYLVANIA TY Citibank (South Dakota) N.A. vs. Beth Chinnick Case Number 2011-249 SHERIFF'S RETURN OF SERVICE 01/21/2011 10:36 AM - Bryan Ward, Sergeant, who being duly sworn according to law, states that on January 21, 2010 at 1036 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Beth Chinnick, by making known unto herself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square, Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. BRYAN ARD,DEPUTY SHERIFF COST: $33.40 January 21, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF !C; Cou!'dySuile Sheriff . Teeusoft Inc: Q w...3 rn Co ZM,. M _ r- :/3 r - .... 3 I TI IN THE COMMON PLEAS COURT OF THE STATE OF PENNSYLVANIA IN AND FOR CUMBERLAND COUNTY -IM F CITIBANK (SOUTH DAKOTA), N.A. ?J ? V. Case Number: 2011-249-CIVIL `GERM BETH CHINNICK ANSWER OF DEFENDANT Pro Se Defendant Beth Chinnick, hereby enters her appearance and answers the Complaint of Citibank (South Dakota), N.A. as follows: 1. The Defendant admits the allegations of paragraph 1 of the Complaint. 2. The Defendant denies the allegations of paragraph 2 of the Complaint. Defendant's correct address is 2020 Conewago Rd., Dover; PA 17315. 3. The Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as the truth of the allegations of Paragraph 3 of the Complaint. Therefore she denies the allegations. Pa.R.C.P. No. 1029-C 4. The Defendant admits the allegations of Paragraph 4 of the Complaint. 5. The Defendant denies the allegations of Paragraph 5 of the Complaint. Defendant disputes the balance due and demands verification of the debt and strict proof of the terms of the alleged account at specific times, including the time Plaintiff alleges it went into default, the complete terms of the account agreement and the owner of the account at that time, and proof of any charges, credits, offsets, and payments on said account, including fees and interest charged before and after the account was charged off. 6. The Defendant admits in part and denies in part the allegations of Paragraph 6 of the Complaint. Defendant admits to receiving monthly statements but has not retained them for review at this time. The Defendant disputes the balance due and demands verification of the debt and strict proof of the terms of the alleged account at specific times, including the time Plaintiff alleges it went into default, the complete terms of the account agreement and the owner of the account at that time, and proof of any charges, credits, offsets, and payments on said account, including fees and interest charged before and after the account was charged off. 7. The Defendant admits the allegations of Paragraph 7 of the Complaint. The Defendant denies the allegations of Paragraph 8 of the Complaint. Defendant disputes the balance due and demands verification of the debt and strict proof of the terms of the alleged account at specific times, including the time Plaintiff alleges it went into default, the complete terms of the account agreement and the owner of the account at that time, and proof of any charges, credits, offsets, and payments on said account, including fees and interest charged before and after the account was charged off. WHEREFORE: The Defendant respectfully requests that Plaintiff's Complaint be dismissed and the relief requested in Plaintiff's Complaint denied. VERIFICATION The Defendant verifies that the statements made herein are true and correct based upon her knowledge, information and belief. The statements are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Beth c 2020 Conewago Rd. Dover, PA 17315 717-357-1357 Pro Se Defendant CERTIFICATE OF SERVICE The Defendant(s) HEREBY CERTIFY that on this ( day of ?,A r , 20 It a copy of the foregoing pleading was mailed, first-class, postage pre-paid to: Derek C. Blasker, Esq. Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff Beth Chinnick Pro Se Defendant This document was prepared by or with the assistance of Jonathan K. Miller, Esq., an attorney licensed to practice law in the State of Maryland and PaInsy lvama, PA Supreme Court Number, 50033 and employed by Perscls & Associates, LLC/Pasels & Associates, LLP [CA, MUMersels & Associates, PLLC [NC]; phone 800-49&6761. Persels & Associates, LLC, represents this client in out-of-court debt settlement negotiations, but no attorney Own Persels & Associates, LLC, will be entering an appearance in this action. Opposing counsel should sad all communications related to this case directly to the Defendant, who is appearing pro se. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIBANK (SOUTH DAKOTA), N.A. Plaintiff NO. 2011-249 vs. =M BETH CHINNICK RULE 1312-1 Defendant < p vn The Petition for Appointment of Arbitrators shall be substantially in tl5? Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Derek Blasker, Esquire , counsel for the CE) defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $ 3,007.27 The counterclaim of the defendant in the action is NA The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: Unknown WHEREFORE, your petitioner prays your whom the case shall be submitted. Court to appoint three (3) arbitrators to y submitted, 20 1"J C? Ci 3 s.i a^-? a C) C3 -x OLY'va saq,do ?d a 63oga ORDER OF COURT AND NOW, petition, Esq., and captioned action (or actions) as prayed for. 200 in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above By the Court, Kevin A Hess, P.J. 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS YLVANIA CITIBANK (SOUTH DAKOTA), N.A. 20 1 1-249 20 Plaintiff NO. VS. -" > =;:O G v: BETH CHINNICK Defendant s -; ` RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially i =a n thrya -- s ?rr Following form: --? ?' - W PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: ? Derek Blasker, Esquire counsel for the plaintif defendant in ti?83bove- - - action (or actions), respectfully represents that: :nm rn ? ! { :4 1. The above-captioned action (or actions) is (are) at issue. r- _ zz; 2. The claim of plaintiff in the action is $3,007.27 nterclaim of the defendant in the action is NA Th e cou The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit ; as arbitrators: Unknown _ WHEREFORE, your petitioner prays your Hon ra le Court to appoint three (3) arbitrators to whom the case shall be submitted. Qrm %a,q,co ?d 4? *pey itted, C. '* l of s W' ORDER AND NOW, _'2041 in consideration of the foregoing petition, Esq., and L_vr? Esq., and Q- Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. V 1 cl?' n n ,LIC By the Court, , Kevi Hess, P.J. Pff 4, DavidD. Buell Prothonotary Office of the Prothonotary Cum6er[and County, Pennsylvania 2(irkS. Sofionage, ESQ Solicitor dZLE( CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite100 • Carhi (z, PA • None 717 240-6195 0 Ea.Z 717 240-6573