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HomeMy WebLinkAbout11-3140 FILED-OFFICE ° I= HE r i.,DTHONOTAR"T 2011113 ,R 21 PM 1: 20 ".)MBERLAND COUNTY PENNSYLVANIA Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. RETAIL 701 East 60th Street N Sioux Falls, SD 57117 IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN HOLLEY NO. t' - 3 l O 154 Big Spring Terrace Newville PA 17241-9112 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-47085 as ) ek*1yte -I VZ.N.o25& ?b S Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 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. KEVIN HOLLEY 154 Big Spring Terrace Newville PA 17241-9112 IN THE COURT OF COMMON PLEAS 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 Kevin Holley, who resides at 154 Big Spring Terrace, Newville, 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) GOODYEAR credit card with account number ending in 2908 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 $1,729.94 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 $1,729.94, and the costs of this action. Burton Neil & Associates, P.C. By: Arit J. Suttell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. Account Statement z Z z z z z 8z oZ Lo} ;z C\I Z rZ o ZI oZ to Z oZ Send Notice of Billing Errors and Customer Service Inquiries to: 01 Customer Service: GOODYEAR CREDIT PLAN GOOD YEAR goodyear accoq tonine com PO BOX 653054, DALLAS TX 75265-3054 ® Account Inquiries: 1-888-316-8480 ? rTt Ntxrttl6r Summa of Account Activity Previous Balance $1,652.20 Payments -$0.00 Other Credits 40.00 Purchases 0.00 Cash Advances 0.00 Fees Charged +$35.00 Interest Charged +$42.74 New Balance Past Due Amount $1,729.94 $531.00 Credit Limit 0.00 Available Credit 0.00 Statement Closing Date 10/08/2010 Next Statement Closing Date 11/07/2010 Days in Billing Cycle 31 TRANSACTIONS Mailed payments must be received by 5:00 PM at the Payment Information address for payments by the payment due date. New Balance $1,729.94 Minimum Payment Due $627.00 Payment Due Date November 04, 2010 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee up to $35.00. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: d ? 4 ?" -•xr? :i - ? x Only the minimum payment 15 years $3,895 $73 3 years $2,643 (Savings=$1,252) it you would like information about credit counseling services, call 1-877-337-8188. Trans Date Description Reference # Amount FEES 10/04 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD $ 35.00 INTEREST CHARGED 10/08 Interest Charge on Purchases $ 42.74 TOTAL INTEREST FOR THIS PERIOD $ 42.74 MANAGE YOUH • ago, -Access current and past statements -Set up email alerts • Pay your bill online 24/7 with same day posting* • View recent activity Register now at goodyear.accountonline.com • If payment is received by 5pm ET. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 of 4 This Account is Issued by Citibank (South Dakota), N.A. ---------------------------------------P-------------Y -Py---------proper --------- - ------ ------------------------------- + Please detach this onion and return with our payment to insure credit Retain upper portion for our records. + GOODYEAR Make Checks Payable to: GOODYEAR CREDIT PLAN •'ott{tsr<.'' Payment Due Date New Balance Past Due Amountt Minimum Payment Due Amount Enclosed November 4, 2010 $1,729.94 $531.00 $627.00 $ SAVE STAMPS, TIME... AND TREES' Visit Account Online and register now for Online Bill Pay, Paperless Statements and More. 0- qlm KBAVGYI 2 1018/10 23255 8 O N II??I?1'?I'lll??'?'III'll?ll'??IIIIII'1?'l1?1111?1111111111?11111 (A KEVIN HOLLEY 16 PHEASANT CT MECHANICSBURG, PA 17055-4367 Print address changes above in blue or black ink_ GOODYEAR CREDIT PLAN PROCESSING CENTER DES MOINES IA 50364-0001 111111111111111111 111111111111 -1-111111111111111111111 1111111111 EXHIBIT Information About Your Account. How to Avoid Paying Interest on Purchases. Your payment due date is at least 25 days after the close of each billing cycle. We will not charge you any interest on purchases if you pay your New Balance by the payment due date each month. This is called a grace period on purchases. It you do not pay the New Balance in full by the payment due date, you will not get a grace period on purchases until you pay the New Balance in full for two billing cycles in a row. We will begin charging interest on cash advances (if available on your account) on the transaction date. If you have a balance subject to a deferred interest or 0% APR promotion and that promotion does not expire before the payment due date, that balance (the "excluded promotional balance") is excluded from the amount you must pay in full to get a grace period. However, you must still pay any separately required payment on the excluded promotional balance. In billing cycles in which payments are allocated to deferred interest balances first, the deferred interest balance will be reduced before any other balance on the account. However, you will continue to get a grace period on purchases so long as you pay the New Balance less any excluded promotional balances in full by the payment due date each billing cycle. We may refer to deferred interest promotions as No Interest or No Monthly Interest promotions. In addition, certain promotional offers may take away the grace period on purchases. Other promotional offers not described above may also allow you to have a grace period on purchases without having to pay all or a portion of the promotional balance by the payment due date. If either is the case, the promotional offer will describe what happens. Now We Calculate Your Balance Subject to Interest Rate. For each balance, the letter following the Annual Percentage Rate in the Interest Charge Calculation section on the front of the statement indicates the method we use to calculate interest charges. For Methods B and E, we use an average daily balance method (including current transactions) to calculate interest charges. For Methods C, D and M, we use a daily balance method (including current transactions) to calculate interest charges. To find out more information about the balance computation method that applies to your account and how the resulting interest charges were determined, contact us at the Account Inquiries number on the front. Credit Reporting Disputes. If you think we reported inaccurate information to a credit bureau write us at the Customer Service address shown on the front. Report a Lost or Stolen Card Immediately. Call the Account Inquiries number shown on the front. What To Do if You Think You Find a Mistake on Your Statement If you think there is an error on your staterent, write to us at the Billing Errors address shown on the front. In your letter, give us the following information: Account information: Your name and account number. Dollar amount: The dollar amount of the suspected error. Description of Problem: If you think there is an 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 after the error appeared on your statement. You must notify us of any potential errors in writing. You may call us, but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Your Riahts If You Are Dissatisfied With Your Credit Card Purchases If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than $50. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the Billing Errors address shown on the front. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Important Payment Instructions. Crediting Payments. If we receive your payment in proper form at our processing facility by 5 p.m. local time there, it will be credited as of that day. A payment received there in proper form after that time will be credited as of the next day. Allow 5 to 7 days for payments by regular mail to reach us. There may be a delay of up 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 for courier or express mail is the Express Payments Address shown below. 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, gift cards, or foreign currency please. Include your name and account number on the front of your check or money order. If you send an eligible check with this payment coupon, you authorize us to complete your payment by electronic debit. If we do, the checking account will be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed. Copy Fee. We charge $5 for each copy of a billing statement that dates back 3 months or more. We add the fee to the regular purchase balance. We waive the fee if your request for the copy relates to a billing error or disputed purchase. Payment Options Other Than Regular Mail. Online Payments. Visit the web address on the front and sign up for online payments. Enrollment may take a few days. If we receive your request to make an online payment by 5 p.m. Eastern time, we will credit your payment as of [hat day. If we receive your request to make an online payment after that time, we will credit your payment as of the next day. For security reasons, you may be unable to pay your entire New Balance with your first online payment. Pay by Phone Service. You may use this service any time to make a payment by phone. You will be charged 514.95 If a representative of ours helps expedite your payment. Call by 5 p.m. Eastern time to have your payment credited as of that day. If you call after that time, your payment will be credited as of the next day. We may process your payment electronically after we verify your identity. Express Payments. You can send payment by courier or express mall to the Express Payments Address. This address is: Customer Service Center, Dept. CCS 911, 4740121st Street, Urbandale, IA 50323. Payment must be received in proper form at the proper address by 5 p.m. Central time to be credited as of that day. All payments received in proper farm at the proper address after that time will be credited as of the next day. RPLG 10(10 T00508 X E 03/01/08 87 000 34 GYSP 07/09/10 P 6 0 9194 0753 0001 RPLG 10/10 Page 2 of 4 Account: **** **** **** 2908 H Total Fees Charged in 2010 $333.00 Total Interest Charged in 2010 $363.81 Z Z Z Z z N Z OZ 0z ?} N Z oz rz Co I (D Z oz 'o Z oZ INTEREST CHARGE CALCULATION Your Annual Percents a Rate (APR) is the annual interest rate odour account. ,pi;Ytik ?+Yik*v gF?S?f S.-' .. 5 'M1C.'.'nr r?s. PURCHASES Standard 29.W/6 M $1,678.37 2.74 CASH ADVANCES Standard 29.99% M .00 .00 • Access current and past statements • View recent activity • Pay your bill online 24/7 with same day postirn • Setup email alerts RegisW now at goodyear.accountonline.com "If Payr wd 6- reoehed by 5PM ET Page 3 of 4 Account: **** **** **** 2908 Page 4 of 4 Verification Abbie Motley 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 unsworn falsification to authorities. Signature C-47085 Kevin Holley Account number ending in 2908 1027 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor olll-'_, Ot uiutr?? a OFF = _-_ .' FILED-OFFICE OF THE PROTHONOTARY 2011 MAR 29 PM 1. 02 Cu PENNSY ? ANIA TY Citibank (South Dakota) N.A. Case Number vs. Kevin Holley 2011-3140 SHERIFF'S RETURN OF SERVICE 03/24/2011 09:14 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 24, 2011 at 2114 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kevin Holley, by making known unto himself personally, at 154 Big Spring Terrace, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $40.00 March 25, 2011 A G ALL, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF