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HomeMy WebLinkAbout11-8530FILED-OFFICE OF THE PROTHONOTARY 2011 NOV 14 PM 2: 44 CU PENNSYLVANIA TY Burton Neil & Associates, P.C. By: Brit J. Sutt:ell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK, N.A. 701 East 60th Street N Sioux Falls, SD 57117 IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ROSALBA CIRIGNOTTA : NO. II ? ?? V L I 4717 E Trindle Road t Mechanicsburg PA 17050-3616 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 S Cumberland County Bar Assoc. --? 32 South Bedford Street (?? .Uv GL Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 /UQ S3 C-51903 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, N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. ROSALBA CIRIGNOTTA 4717 E Trindle Road Mechanicsburg PA 170503616 Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION -LAW Complaint 1. Plaintiff is CITIBANK, N.A. with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Rosalba Cirignotta who resides 4717 E Trindle Road, 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. Defendant obtained extensions of credit from Citibank, N.A., successor in interest to Citibank (South Dakota), N.A., by means of a Sears credit card account (hereafter the Account) with account number ending in 7834. 5. Citibank (South Dakota), N.A. merged into Citibank, N.A. in or about July 2011. 6. Accurate records of all debits and credits to the Account were maintained by plaintiff. 7. Defendant was provided with monthly statements for the Account including the billing statement attached hereto as Exhibit A (redacted to remove confidential information). The monthly statements accurately stated the previous balance and the debits and credits to the Account for the prior billing period. 8. Defendant had for many months after receipt of a billing statement made payment on the Account or retained the statement without payment. 9. Defendant retained the Exhibit A statement without making payment by the stated due date. 10. Defendant's assent to the Account balance set forth in the Exhibit A statement is manifested through the prior conduct of defendant either making payment on the Account or retaining the statement without payment, after receipt of the monthly billing statements. 11. As a result of said assent, an account stated for the sum of $2,139.84 exists 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 $2,139.84, and the costs of this action. B e' ,Associates, P.C. By: B t J. Suttell, Esquire Attorney for Plaintiff In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. Sears MasterCard® ROSALBACIRIGNOTTA Account Number. Page 1 of 2 Summa of Account Activit y Previous Balance $2,067.35 Payments $0.00 Other Credits $0.00 Purchases $0.00 Cash Advances $0.00 Fees Charged +$35.00 Interest Charged + $37.49 New Balance $2,139.84 Past Due Amount $438.80 00 050 $3 Credit Limit , . Available Credit $0.00 Cash Advance Limit $610.00 Available Cash Limit $0.00 Amount Over Credit Limit $0.00 Statement Closing Date 03110/2011 Days in Billing Cycle 31 Call us at 1-800-669-&188 Manage your account and pay your bill at www.seamcardcom Write to us at PO Box 6282 Sioux Falls, SO 57117-6282 7834 Payment Due Date 04/06/2011 paym mu receve Payment Information the address for payments by the payment due date New Balance $2,139.84 Minimum Payment Due $533.29 Payment Due Date 04106/2011 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. 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: t# you: make :no :additional: You ylfifi.0y otf the And you will I charges using this card' bat 6QQ shovlimon this. ..'end up Paying a n; :and sach:month you pay::.: atatement:in about... estimated total of..: Only the minimum payment 10 years $3,980 $81 3 years $2,907 (Savings= $1,073) If you would like irrTormation about credit counseling services, call 1-8(1-337-8188. Your Sears Choice Rewards Summary Previous Reward Points Balance 0 Reward Points Earned This Period 0 Adjustments to Reward Points 0 Reward Points Redeemed This Period 0 Ending Reward Points Balance 0 Transactions Trans Date Post Date Description Amount Fees 03/06/11 03/06/11 LATE FEE 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged 03/10/11 03/10/11 INTEREST CHARGE ON PURCHASES 23.83 03/10111 03/10/11 INTEREST CHARGE ON CASH ADVANCES 13.66 TOTAL INTEREST FOR THIS PERIOD 37.49 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION This Account is Issued by Citibank (South Dakota}, N.A. Please detach this portion and relum wah your payment to insure proper credit. Retain upper podbn for your records. Sears MasterCard® Account Number. .7834 Payment Minimum New Balance Due Dale Payment Due Amount Enclosed $2,139.84 04/06/11 $533.29 0063024 EO 05 B 11069 1 TXS503 FVG 001 7 N Make check payable to ROSALBA CIRIGNOTTA SEARS CREDIT CARDS 4717 E TRINDLE RD PO BOX 183082 MECHANICSBURG ?A 17050-3616 COLUMBUS, OH 43218-3082 I"?'ulnl?lr'?I??nI't???I I?I I'II?II??I?Ir?I r??Irl ??'Ir???l Jill Please make address changes on reverse side. 100 7834 0213984 0053329 0000000 0519 EXHIBIT r 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 math. This is called a grace period on purchases. If 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 and balance transfers (if available on your account) on the transaction date. If you have a balance subject to a deferred interest promotion and that promotion does not expire before the payment due date. that balance (the "excluded promotional balance') is ecckuded 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 promotion. In billing cycles in which payments are allocated to deferred interest balances first. the deterred interest balance will be reduced before any other balance on the account. However, you will continue to get a grace period on purchases so king as you pay the New Balance less any excluded promotional balances in full by the payment due date each billing cycle. 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 glace 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. How We Calculate Your Balance Subject to Interest Rate, We use a daily balance method (including current transactions) to calculate interest charges. To find out more information about the balance computation method and how the resulting interest charges were determined, contact us at the "Call us at" number on the front. Interest Charged. The Merest Charged on Purchases shown on the front includes the interest charged on aP purchases and balance transfers (if balance transfers are available on your account). Transaction Date. The Transaction Date shown an the statement is also the Sale Date. Membership Fee. To avoid paying this fee. notify us that you are closing your accent within 30 days of the mailing or delivery date of the statement on which the fee is billed. if Your Account Is Subject To The Penalty APR, How Long Will The Penalty APR Apply? The Penalty APR will apply until you make 12 consecutive minimum payments on the and do not go over your credit limit or make a payment that Is returned or do any of these things on another account that you have with us during that time period. The Penalty APR may end sooner in accordance with your card agreement, or it required by applicable law. Credit Reporting Disputes. If you think we reported inaccurate information to a credit bureau write us at "Write to us at" address shown on the front. Report a Lost or Stolen Card Immediately. Call the "Call us at" number shown on the front. Whit To Do if You Think You Firxl a Mistake on Your Statement If you think there is an error on your statement, write to us at the address shown on the front where it says "Write to us at" In your letter. give us the following information • Account information: Your name and account number. ollaramount a dollar amount of the suspected error. Desagrtion of Prob m7 If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. 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 soar as the day we receive the check. Also, the check wig be destroyed Copy Fee. We charge S3 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 www SearsCard.com 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 that 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 S1495 it a representative of ours helps expedite your payment. Call by 5 pm. 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 sent payment by courier or express mail to the Express Payments Address. This address is. Payments Department. 1500 Boltonfield Street Columbus, OH 43228. Payment must be received in proper form at the proper address by 5 pm Eastern time 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. 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 it 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 an that mount. 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 Rights N 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 550. (Note: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we ova 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 quality. 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 address shown on the front where it says "Write to us at." 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 pm 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 cared 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. SMCJTGI/SCC/SCP/HIPS 10/10 OIEG6057 - 2 -11104/2010 New Address if your address has changed, please print any changes below. Name: Street Address: City, State, Zip: Phone: SMCITGI/SCC/SCP1HIPs 10110 -8488 Sears MasterCard® call us at1-800-M Manage your account and pay your bill at www.searscardcom Write to us at PO Box 6282 Sioux Falls, SD 5 711 7-6282 ROSALBACIRIGNOTTA Account Number. XXXX XXXX XXXX 7834 Payment Due Date Page 2 of 2 63024 04/06/2011 2011 Totals Year-to-Date Total Fees Charged in 2011 $105.00 Total Interest Charged in 2011 $105.23 YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST DUE IS SHOWN ABOVE. ARRANGEMENTS FOR FUTURE PAYMENTS SHOULD BE MADE IMMEDIATELY. Interest Charge Calculation Your Annual Percentage Rate (APR) i s the annual interest rate on your account. Annual Percentage Balance Subject to Type of Balance Rate (APR) Interest Rate Interest Charge PURCHASES Regular 20.40% (d)(v) $1,375.76 $23.83 CASH ADVANCES Regular 22.49% (d)(v) $715.25 $13.66 (v) = Variable Rate (d) = Daily (m) = Monthly Did you know? There may be a quick (and simple) way to bring your account up to date. 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. 1-866-518-9052 Verification AshIay C,ooMh? am employed by Citicorp Credit Services, Inc. (USA) (hereafter CCSI), a subsidiary of Citibank, N.A. (hereafter Citibank), which is successor in interest to Citibank (South Dakota), N.A. CCSI is a service provider for Citibank in that it services credit card accounts owned by Citibank This includes accounts previously owned by Citibank (South Dakota), N.A. which merged into Citibank in or about July 2011. I am authorized to make this verification on behalf of Citibank. 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. C-51903 Rosalba Cirignotta Account number ending 7834 1032 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff $??itr oC s?utp,?,?rtq?? OFP E - r trFRIFF r h t ( i? i [) 11 DEC 16 Ate 10: 00 C,U, MBERLAN'D t`.Wi'i PENNSY4JANIA, Jody S Smith Chief Deputy Richard W Stewart Solicitor Citibank, NA Case Number vs Rosal.ba Cirignotta 2011-8530 SHERIFF'S RETURN OF SERVICE 12/06/2011 09:50 AM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on December 6, 2011 at 0950 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Rosalba Cirignotta, by making known unto herself personally, at 4717 E. Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. STEPHEN BENDER, DEPUTY SHERIFF COST: $58.00 December 07, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Shenk Teleosoft. Inc. FILED-OFFICE Cr. THE PROTHONOTA?t'? CITIBANK, N.A. :% THE COURT OF COMMON PLEAS 701 East 60th Street N, 2012 MAR 12 PM I : 19 Sioux Falls, SD 57117 Plaintiff CUMBERLAND OOUNTICUMBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA V. NO. 11-8530 ROSALBA CIRIGNOTTA 4717 E Trindle Road Mechanicsburg PA 170503616 Defendant : CIVIL ACTION - LAW Praecipe for Default Judgment To the Prothonotary: Please enter judgment by default for want of an answer in the above case in favor of the plaintiff and against the defendant, and assess damages as follows: Principal: $2,139.84 Less Credits: $310.05 TOTAL $1,829.79 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment debtor and creditor. 2. The annexed notice of intention to file this praecipe was mailed to all parties against whom judgment is to be entered and to their record attorneys, if any, after the default occurred, and at least ten days prior to the date of the filing of this praecipe. 3. Pursuant to Section 201(b)(1)(A) of the Servicemembers Civil Relief Act of 2003 (SCRA), the defendant is not in the military service of the United States based on information received from the defendant and/or the Department of Defense website. IN JUDGMENT BY DEFAULT ENTERED AND DAMAG ASSESSED AS ABOVE. NOTICE GIVE N P IV.P. 2 Pro ProthoAGAW it & Associates, P.C. A rt By: Blasker, Esquire Attorney I Plaintiff I.D. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C-51903 / 221 ar*? ti?ts.so Gk 1* Ix ? a0- I s 7 to ,. ry,: ?? . •,? '?;,g C-51903 / 265 CITIBANK, N.A. IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 11-8530 ROSALBA CIRIGNOTTA Defendant : CIVIL ACTION - LAW TO: Rosalba Cirignotta 4717 E Trindle Road Mechanicsburg PA 170503616 DATE OF NOTICE: December 29, 2011 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office below. 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 Burton Neil & Associates, P.C. In making this communication, we advise our office is a debt collector. B Brit J. Su 1, Esquire Attorney for Plaintiff Identification No. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 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, N.A. Plaintiff V. ROSALBA CIRIGNOTTA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-8530 : CIVIL ACTION -LAW Rule of Civil Procedure NO. 236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on ?- Prothonotary 1 1 7t By. If you have any questions concerning the above, please contact: Derek C. Blasker, Esquire Attorney for Party Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610-696-2120 The law firm of Burton Neil & Associates is a debt collector.