HomeMy WebLinkAbout11-0904="ILE0-t 11- Fi
{ 1 T- (' r yy r^ h 0 M1
2011 J:"?ry 27 atil II' v 'Si
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
V.
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
SHARON L SEIBERT : NO. vl ?`? Vt L (e r vin
5060 Cambridge Boulevard,
Mechanicsburg PA 17050-8351
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-46076
4 ew?09
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.
SHARON L SEIBERT
5060 Cambridge Boulevard,
Mechanicsburg PA 17050-8351
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 Sharon L Seibert, who resides at 5060 Cambridge Boulevard,
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) THE HOME
DEPOT MASTERCARD credit card with account number ending in 0053 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 $3,019.12 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 $3,019.12, and
the costs of this action.
P.C.
ale D.VCreinstein, Esquire
ttornev for Plaintiff
The law firm of Burton Neil & Associates, P.C. is a debt
Switch to Paperless
b.9 Save Stamps, Time... and Trees!
With Paperless Statements, less is really more:
less trees being cut down, and a more efficient,
secure way for you to view your statements.
Register now for Online Bill Pay, Paperless Statements
and more at myhomedepotaccount.com.
The Home Depot Rewards MasterCard'
Page 1 of 3
August 18 - September 17, 2010
N SHARON How t Reach Us
Accou 0053 myhomo depotaccount.com
Customer Service: 1-800-975-0052 or write
Cardmsmber Servioss, PO BOX 689147
DES MOINES, IA 50388.9147
Summa of Account Activi Mailsd PaY^wnls must be received by 5:00 PM at
Payment lrtformation he add e?sfor msms by the payment due doe
Previous Balance $2,964.74 New Balance $3,019.12
Payments $0.00 Minimum Payment Due $707.00
Other Credits $0.00 Payment Due Date 10/14/2010
Purchases $0.00 Late Payment Warning:
Cash Advances $0.00 If we do not receive your minimum payment by the date listed above, you
FNS Charged +$25.00 may have to pay a late fee up to $35.00.
1 tereat Charged +$29.38
mum Payment Warning:
New Balance $3,019.12 If you make only the minimum payment each period, you will pay more in
Past Due Amount $622.00 interest and it will take you longer to pay off your balance. For example:
Credit Limit $4,800.00
Available Credit $0.00
Cash Advance Limit $500.00
Available Cash Limit $0.00
Amount Over Credit Limit $0.00
Statement Closing Date 09/1712010
If you make no additional You will pay off the And you will
charges using this card balance shown on this end up paying an
and each month you pay... statement in about... estimated total of...
Only the minimum payment 13 years $4,722
$100 3 years $3,609
(Savings= $1,113)
Days in Billing Cycle 30 If you would Me information shout credit counseling services, ami 1-871-337-8188.
YOUR ACCOUNT IS CURRENTLY CLOSED
6057 0001 010 1 7 11 100917 E D Page 1 of 3 1438 3910 8788 01DX6057
NOTICE: SEE LAST PAGE FOR IMPORTANT INFORMATION. This Account is Issued by Citibank (South Dakota), N.A.
Please detach this portion and return with your payment to insure proper credit Retain upper portion for your record..
Pleats follow payment inelnrations outlined in the'Inpoitant Instructions for Making Paymems' section of the statement.
Your Aoooum Number
0053
Please Enter Amount of Payment Enclosed
Payment Due Date New Balance Mlnmum Payment Due Q
10/14/2010 $3,019.12 $707.00
" 4 p I
Irudhllull'I'rllfllrrlJill111111111111h11111111111 11111111111
SHARON L SEIBERT HOME DEPOT CREDIT SVCS
5060 CAMBRIDGE BLVD PO BOX 6926
MECHANICSBURG PA 17050-8351 THE LAKES, NV 88901-6926
11111il 11" fill 111111111 1111111 fill 1111111111
NAV Awe P? rte ace -ele phone - N you provbe an a-mml address, we may use a to ccmact you about H I B I T
account. We may also use your e-mail address to send you information about
Print changes of address, phone number or email above.' prodtcts and tervicee Y. might find useful.
SHARON L SEIBERT Page 2 of 3
Account 5520 8100 0172 0053
August 18 - September 17, 2010
FEES
Trans Poet D-06- Amount
09/14 09/14 LATE FEE 25.00
TOTAL FEES FOR THIS PERIOD $25.00
INTEREST CHARGED
Trans Post Description Amount
09/17 09/17 Interest Charge on Purchases 29.38
TOTAL INTEREST FOR THIS PERIOD
2010 Totals Year-to-Data
Total Fees Charged in 2010
Total Interest Charged in 2010 $28.38
$298.00
$248.83
Interest Ch a Caloulatlon
Your Annual Peron Rate APR is the annual interest rate on our account.
Annual Percentage Balance Subject to
Type of Balance Rate (APR) Interest Rate Interest Charge
PURCHASES 11.99% (d) $2,982.23 $29.38
CASH ADVANCES 28.99% (d) $0.00 $0.00
(v) = Variable Rate
NOW YOU CAN MAKE PAYMENTS ON THIS ACCOUNT BY VISITING A
REGISTER AT ANY HOME DEPOT STORE IN THE U.S. OR, YOU CAN PAY
YOUR BILL ONLINE, OR SIMPLY WRITE A CHECK MADE PAYABLE TO
'HOME DEPOT CREDIT SERVICES' AND MAIL IT IN ALONG WITH YOUR
REMIT COUPON.
6057 0001 DIG 1 7 11 100917 E D Page 2 0 3 1438 3910 6789 01D%6057
In the retim envelope, please:
1 Enclose your check or money order. Include your account
number and name on the front of your check or money order.
Please, no cash or foreign currency.
2 Enclose your payment coupon. Do not staple or tape it to your
payment. Insert the payment coupon so that the entire
Home Depot address appears through the window of
your remittance envelope.
Notification of Disputed Item - Please call Customer Service prior to completing this form.
Please sign and return this form foraori Rothe Customer Service address on the front. ? 3. I havent received the merchandise. Expecal delivery one
If you use thisform, record the information on the reverse for your records. Don't mail the vas fmm-dd-yy). l contacted the merchant
form with your payment. You authmne us to send informal on you provide regami rig [his on (m•1-dd-yyl. The response
dispute to the merchant Please print in blue or black ink. „?•
NAME (PLEASE PRINII
SIGNATURF BAT:
ACCOUNTD
REFERENCED AMOUNT OF DISPUTES
MERCHANI
I examined the cnarges on my account and dispute a charge for theta] lowing reason.
D I. Neither I nor anyone aulMUed or me mace the charge listed or received the
goods and services represented by this charge. (g you do net recognize a
ink, dwag this option and all Consumer Serving Immediately.)
D2. I did participate in a transaction with the merchant, but was billed
for barrel totaling If del l didn't engage
in, nor did anyoneelse ai dlorbed by me. I have all my cards in mvoossession.
EWnea olUmAubwked Solosslip.
2c..... ............................ .............................................
Information About Your Account.
Nor to Avoid Paying tnsraY on Pumhasu. You payment due date is at least 25
days after the close of each billing cycle. We will not charge you any interest or purchases
if you pay your New Balance by the Da?nant due date eactl month. This is cel'ed a grace
:led on purchases. If you do riot pay iha New Balaree in WII W the payment due dale, you
will not pet ague period on purchases unlit you pay the New al in lull for two lelmg
cycles in a raw. Ceram balance Iranster offers may lake away the grace period on
purchases. it that isthecase, Ihebalance Transfer ofMiwill describe what happens.wi wll
begin cnarging interest on rash advances and balance transfers on the transaction date.
Now We Calculate your Minna "ad u Iekrens ReM. We use a daily Dalancc
method (ncluding current transactions) to calculate interest charges. To find ore more
information about the balance adTVtion method and now the reselling interest charges
were determined, contact us at the, Account Inquiries number on the front.
Interest Charged. The Interest Charpeel on Purchases shown on thee front includes the
mteresl charged on all purchases and balance transfers.
Rake. Variable APRs will vary with the market based on the Prime Rate.
Minimum Interest Charge. If you are charged interest, the charge will be no less than
$2.00
Mambemhip Fee. To avoid paying this led. nobly us Ird you are closing your account
wifnin 30 days ofthe mail ing or delivery date of the statement on which the fee c billed.
Ill Yon Account Is Subject To The Pointy APR, Nora Larry Will The Paulry
APR %Wly? The Penalty APR will apply until you nuke 12 consecutive minimum
patmren do time and do not go over your credit limit or make a payment that is returned
on do anyofthesethings on another account that you have with us during that time period.
The Penalty APR may end sooner in accordance On your card agreement, or if •equired by
applicable law.
Credit R"Nlq Dkpebs. 11 you think we reported inacctrrdle information to a credit
bureau write usal the Customer Service address shown on the Irorl.
Report a Lost or Stolen Cud Immediately. Call the Customer Service number
shown on the from.
AhbmvIs ion. APR Annual Percentage Rate. (D) indicates a dally periodic rare: Cons.
Cks Convee fence Checks.
WIN To Be it You Think You Fled a Mkklw on Yon Slelsmeel
I think there is an error an your statement, write to us at the Customer Se,v'ce
address on on the font. If you use the form above, please call Customer Service
forassistance.
Important Payment Instructions.
Crediting Payments. It we rel your mailed payment in prope, •arm at our
processing facility by b p m. local time there, twill be credited as of that day. Allayment
received there in proper form after that in wi'I be credited as of the next day. A k to 7
days for payments by regular mail to mach us. There may be a delay of uo to 5 days in
crediting a payment we receive that is not in proper form or is not sent to the correct:
address. The correct address for regular mail is the address on the front of the payment
coupon. A payment made In-store is not sent to the correct address. The correct address
lot courier or express mail is the Fxptess Payments Address shown below.
Proper Form. Ear a payment sent by mail or courier to be in proper form. you mist
• Eadm a idid checc or money ordeimade payabk to Home Depot Credit Services.
No cash, gal cards, or foreign currency please.
• kdude your vane and account number on the frontd your check o, money order
If pin bud on aNgibls cheek with this paymed capes, you soMarhs a to
complete pour paymens by slaaenk dablL Is we do, the checking account
will be debited In the amount an the check. We may do thin as soon as #w day
we receive be check. Also, the cheek will be destroyed.
Copy Fee. We charge $5 to, each copy of a ailing statero l that dates back 3 mil or
more, We add the tee to a balance a, our choosing. We reserve the right to add this lee to
balances subject to a higher annual percentage rat. We weivethe fee if your request for the
copy relates :o a nif irg error or disputed purchase,
(You must contact the drop l.)
D 4. I retumed/canceled (retumeWcanceled) merchandise do
(mm-std-yy) ordains-
Endm copy of the rehrm recall pMst reaps or proof of round.
U 5. The ananhed credit slip was listed as a charge on my stdervil
D 6. 1 was issued a credit slip for $ on_
(mm-0d-yy), whim ass not shown on my statemnd. Endm copy of credit slip.
D 7. Merchandise snipped to To arrived damaged and/or de-ecdve
on fmm-dc-yy). I returned it oil_ Imm4d-yyl.
Merchant response was
End= copy of postal reca l and/or credit slip.
D B. My account was charged$ , on l should have been hi led
$ . Enclose a copy of aka rmipt and/or other
dmmods showing arrest amosns.
D 9. Other - Attach a leW describing the dispute.
.............................................................. ..._..._.............
In your letter, give us the following information:
• Acented infrain n. Your name and account numbe•.
II r arn C The dollar amount of the suspecled emof.
• Description gl Problem: II you think We lean error on your bill. describe what
you believe is wrong and why you believe it is a mistake.
You must contact us within 60 days afte• the error appeared on your statement.
You must notify us of any potential errors in wri ling You may callus, bull you oo we
are rat required to investigate any potentiall el rorsand you may have to pay the amount .
in question.
Mile we invesligele whedler or not there has been an error, the following are true
• We cannot tryto dolled the amount in question, oneiort you as delinquent on
Inaeamonnt.
• Trio charge in ouestidn may remain on your statement, and we may continue it,
charge you interest on thmamount. But, it we delemiine that we made a mistake,
youwell not have td pay the amount in question or any interest or other tees
related to that amount.
• While you do not have to pay the amount in question, youareresponsiblelortho
remainder of your balance.
• We Gan apply any unpaid amount against year credit unit
Your Rkkb II You Are OhisO Mel WIN Yore Credit Card Purchase
If you are dissatisfied with the goods or services that yon have purchased with your
credit card, and you have vied in good taith to correct the oroblem with the merchant,
you may have the right not to pay the remaining amount cue on tie purchase.
To use this iigh'„ all of the following must be true:
1. 1 he purchase must hate been made in your he me state or within 100 miles of
)our current mailing address, and the purchase price must nave been mare than
$50. (Role: Neither of these are necessary if your purchase was based on an
advertisement we mailed to you, Of if we own tie company that sold you tae
goods orsmvices.)
2. You must have user medicaid for thepurchuse. Purchasssmade widicash
advances horn an Al or will ach ack that accesses your credit card account do
not Wally
1 You must not yet have fully paid for the purchase.
If all of tie crttaiiaagoveare metand you are still diesellsfied with the purchase, contact
us nl lied at the Customer Service address shown on the fro it.
While we investigate, the same rules apply to the disputed.nourt as disottseo above.
Aber vin finish our investigation, we will tell you our decision. At that point, it athink
you hill amount and you do not pay we may report you as delinquent.
Payment Option Other Than Repbr Mail.
• Online P"Mewie. Visit myhdmedepofacxoun.cam and sign up for free
online payments. Enrollmerl may lake a lew days. II vve receive your request :o
make an online payment by 5 p.m. Eastern time, we will credit your paymentas
of that day and it will post within three business days Ifvie receive your request
to main an online payment after teal time, we wit. credit your paw" as of the
next day aid it will post within three business days. For security reasons. you
maybe unabe to payyoirenfire New Balancewith yourftrst online payment.
• Pay by Phone Service. You may use this service amyllme to make a payment
by Nam, it your account's eligible. vou win be charged $14.95 to use this service
it a representaliveof ours helps expediteyour payment Cal. by 5 p.m. Eastern time
to new your payment credited as of that day and posted withi 1 three business
days. tyoucall after shat time, your payment will be credited as of the nerd day and
posted within three business days. We may process you payment electronda'y
aftel I we verity your onefury
,
• Evprat PoyManb. You can send fall by Muria, or express mail to the
Express Payments Address. I his address is: Customer Sel ca Centel Abentio i.
Payment Mail Opening, 8725 W Sahara Ave, Las Vegas NV 89111 Payment
must be received in proper form at the proper address by 5 p.m. Pacific lime t:
oe credited as of that day. All payments received Ir proper form at the proper
address after that time w:.ll be credited as of the nax' day.
• In Store "soft. For your added convenience, payments can be made at
The Home Depots rstores win no service fee. Payments made at the store prior td
the store closing time will be posted :o you account am of that day but availabifly
Tay be sunject to writcation at funds.
01 DX6057 - 7 - 0.520y20 10
RMC APRID
6057 0001 DIG 1 7 11 100917 E D Page 3 of 3 1438 3910 GTn9 01OX6057
Verification
,nary E. Crum
1, , 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-46076
Sharon L Seibert
Account number ending in 0053
1025
Sharon Seibert
5060 Cambridge Blvd
Mechanicsburg, PA 17050
Defendant
21111 FEB I I PM Z: 2 '
Court of Common Pleas
State of (PA) (Cumberland) County
CITIBANK (SOUTH DAKOTA), N.A.
701 East 6th Street N
Sioux Falls, SD 57117
Plaintiff
FILED-OF F i'E
n,
I HE PROTHO-NI T.'k'CIUMBERLAND COMP
P EE NW S YLVA 111%
Court/Case No (2011-904)
Sharon Seibert
5060 Cambridge Blvd
Mechanicsburg, PA 17050
Defendant
Sharon Seibert (Defendant) hereby answers the complaint of
CITIBANK, (Plaintiff) for it's self alone as follows and generally
denies the allegations due to the complaint based on lack of
information and belief.
(Financial Hardship)
Due to a serious financial crisis, defendant does not have sufficent
funds to pay the full amount of undisputed debt, if any.
Due to having to retire because of medical reasons (several knee
surgeries, depression, high blood pressure). I only receive
approximately $464.00 a month and that goes for bills for my house
(e. i. association fee, gas, water, PSL loan, car insurance,
trash/sewer). My only other source of income is selling AVON which
I only recieve approximately $100.00 every 2 weeks (sometimes less)
depending on my sales. I had applied for Social Security Disability
and was rejected and am now currently waiting for a hearing which
could take up to at least July or August of this year before I get to
have one. My depression has gotten so bad that they just increased
my anti-depressant. At the current time, I am also taking care of my
79 year old mother who is in late stage Alzhiemer's 24/7.
WHEREFORE, Defendant requests that :
1. Defendant takes nothing by way of his complaint; and
2. For Defendant's costs of suit.
Dated: (February 9, 2011)
Signature
Printed Name
Defendant in Pro Per
fuED-OFFICE
- m PROTHONOTAR -i
2011 JUL 13 AM 10: 54
OOENNS LVANIA TY
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.
SHARON L SEIBERT
Defendant
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2011-904 CIVIL TERM
: CIVIL ACTION - LAW
Praecipe to Settle, End, & Discontinue
To the Prothonotary:
Mark the above matter Settled, Ended and Discontinued.
BurtoXNell &
Y
The law firm of Burton Neil & Associates is a debt collector.
P.C.
Weinstein, Esquire
for Plaintiff
C-46076