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HomeMy WebLinkAbout12-0815Burton 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, N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. DONNA L REINARD 7460 Wertzville Rd Carlisle PA 170159023 Defendant -W M r-tl ?w .n r i D - 3 t T c_ < - IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. /a- 815 Civi I lem 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. G) 32 South Bedford Street t 03.15 P A AT" Carlisle, PA 17013 1g1p15 Telephone No. 717-249-3166 or 800-990-9108 C C-56781 / 304 a'708.7(1 BURTON NEIL & ASSOCIATES, P.C. Yale D. Weinstein, Esquire, Id. No. 89678 Brit J. Suttell, Esquire, Id. No. 240140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attornev for Plaintiff CITIBANK, N.A. IN THE COURT OF COMMON PLEAS 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. DONNA L REINARD 7460 Wertzville Rd Carlisle PA 170159023 CUMBERLAND COUNTY, PENNSYLVANIA NO. Defendant : CIVIL ACTION -LAW Complaint Plaintiff is CITIBANK, N.A. with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Donna L Reinard who resides 7460 Wertzville Rd, 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. 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 5403. 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 $6,781.25 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 tlbq sum of $6,781.25, and the costs of this action. ' /Burton NCI & ssociates, P.C. i By: al D. eins , Esquire By: r J. Sutte 1, Esquire In making this communication, we advise Burton Neil &VAssociates, P.C. is a debt collector. C-56781 / 205 Account Statement Send Notice of Billing Errors and Customer Service Inquiries to: Customer Service: SEARS CREDIT CARDS sears Sears Premier V searscard.com Po Box 6282, Sioux Falls, SD 57117-6282 MasterCard" ® Account Inquiries: Account. Number • 5403 1-801)-6ti9-8488 Summa of Account Activity Previous Balance $6,607.70 Payments 0.00 Other Credits 0.00 Purchases 0.00 Cash Advances 0.00 Fees Char ed +$35.00 Interest Char ed +$138.55 New Balance Past Due Amount $6,781.25 $1,522.23 Credit Limit 0.00 Available Credit 0.00 Cash Advance Limit 0.00 Available Cash Limit 0.00 Amount Over Credit Limit 0.00 Statement Closing Date 11/20/2011 Next Statement Closing Date 12/21/2011 Days in Billing Cycle 30 Information New balance $6,781.25 Minimum Payment Due $1,763.78 Payment Due Date December 17, 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: It you Mo"; b additional You will pay IT ttwr .. And y.9u will charges using this ealyd balance shown on this enctup,p, . an and each month you pay... statement in about.,. t?stienatad'.totct of_ Only the minimum payment 19 years $16,186 $270 3 years $9,737 (Savings=58,449) h you would like Information about credit counseling services, call 1-877-337-8188. You may pay all or part of your account balance at any time. However, you must pay, by the payment due date, at least the minimum payment due TRANSACTIONS Trans Date Description Reference # Amount FEES 11/17 LATE FEE - S ae_nn TOTAL FEES FOR THIS PERIOD $ 35.00 INTEREST CHARGED 11/20 INTEREST CHARGE ON PURCHASES $ 138.55 TOTAL INTEREST FOR THIS PERIOD $ 138.55 8ME13 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ___--Page 1 of 4 -__-----_-- This Account Is Issued b Citibank, N.A. ------------------------- ------------------------- + Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records. + Sears Premier MasterCard' Make Checks Payable to: SEARS CREDIT CARDS Your Account; Number Payment Due Date New Balance Past Due Amountt Minimum Payment Due Amount Enclosed 5403 DECEMBER 17, 2011 $6,781.25 $1,522.23 $1,763.78 $ SIAVE STAMPS, TIME... AND TREES! Visit Account Online and register now for Online Bill Pay, Paperless Statements and More 5403 0678125 0176378 0020000 131 000 3 SEARS CREDIT CARDS PO BOX 183082 DONNA L REINARD COLUMBUS, OH 43218-3082 7460 WERTZVILLE RD CARLISLE, PA 17015-9023 EXHIBIT Print address changes aoove in blue or black ink. 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. 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 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 promotion. 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. 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. 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 Account Inquiries number on the front. Balance Transfers. Balance transfer amounts are included in the "Purchases" line in the Summary of Account Activity (if balance transfers are available on your account). Transaction Date. The Transaction Date shown on the statement is also the Sale Date. 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 statement, 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. Doflar 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 Rights 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 S 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. EM SMC/TGI/SCC/SCP/HIPs08/11 T01206-123&6300-0023-P-E-34-D-01/01/05-73--P--0-Y-7-0-0.0-SRSCHMSG---09/01/11-GDWB-October 21, 201 IN N--- 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 $3 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 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 $14.95 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 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 p.m. 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. Page 2 of 4 Account: **** **** **** 5403 2011 Totals Year-to-Date Total Fees Charged in 2011 $235.00 Total Interest Charged in 2011 $1,385.68 INTEREST CHARGE CALCULATION yyl OfJ h#nce Your Annual Percentage Rate (APR) Is the annual Interest rate on your account. AnooaPP®t? Rater (APR), Ba?18abjecttotritar Etst? lritei?d>kfrll?!SI$ PURCHASES REGULAR CASH ADVANCES 25.24% D V $6679.05 138.55 REGULAR 27.15% D $0.00 0.00 V = Variable Rate D = Dal REWARDS SUMMARY Previous Points Balance 0 Points Earned 0 Points Adjusted 0 Points Redeemed 0 Ending Points Balance 0 Page 3 of 4 Account: **** **** **** 5403 Page 4 of 4 Verification Ashley Cooley 1, , am employed by Citibank, N.A. (hereafter Citibank), which is successor in interest to Citibank (South Dakota), N.A. 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 unsworn falsification to authorities. C-56781 Donna L Reinard Account number ending 5403 1032 SHERIFF'S OFFICE OF CUMBERLAND COUNTY p F ILA Ronny R Anderson (t ??? 'T Sheriff .. _.. . , , t?;P% Jody S Smith Chief Deputy Richard W Stewart Solicitor V:... >Ir 2"1' 12 Cr' E'II t f,' 110: 2 8 ?UXBE,RL;` t@ COU11TY Citibank, NA vs. Case Number Donna L. Reinard 2012-815 SHERIFF'S RETURN OF SERVICE 02/09/2012 02:27 PM - William Cline, Corporal, who being duly sworn according to law, states that on February 9, 2012 at 1427 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Donna L. Reinard, by making known unto Charles Reinard, Husband of Defendant at 7460 Wertzville Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. LLIAM CLINE, DEPUTY SHERIFF COST: $34.00 February 14, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF CITIBANK, N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff V. DONNA L REINARD 7460 Wertzville Rd Carlisle PA 17015-9023 Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-815 CIVIL TERM _r? -<_' r CIVIL ACTION - LAW Praecipe for Default Judgment r_a 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: $6,781.25 Less Credits: $1,130.00 TOTAL $5,651.25 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 base??? ation received from the defendant and/or the Department of Defense website. JUDGMENT BY DEFAULT ENTERED ANJDA G ASSESSE D AS AB . NOVEN DER PA.R.CI 36 Pro tary The law firm of Burton Neil & Associates is a debt collector. C-56781 / 221 Neil & Affiociates, P.C% Yal einstein, Esquire Fest ey for Plaintiff O. 89678 ndrew Drive, Suite 170 hester, P A 19380 Sa'P'4 4?4 ?fL # 1/73Y9 7d-Y 7d CITIBANK, N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 12-815 CIVIL TERM DONNA L REINARD Defendant : CIVIL ACTION - LAW TO: Donna L Reinard 7460 Wertzville Rd Carlisle PA 17015-9023 DATE OF NOTICE: March 08, 2012 IMPORTANT NOTICE C-56781 1265 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 800-99108 Neil 841(ssociates, P.C. In making this communication, we advise our office is a debt collector. Yale D. W n ein, Esquire Attorney r Pla ff identific ion No. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Burton Nei] & 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, N.A. IN THE COURT OF COMMON PLEAS Plaintiff V. DONNA L REINARD Rule of Civil Procedure NO. 236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on rr? Prothono By Deputy If you have any questions concerning the above, please contact: Yale D. Weinstein, Esquire Attorney for Party Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610-696-2120 CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-815 CIVIL TERM Defendant : CIVIL ACTION -LAW The law firm of Burton Neil & Associates is a debt collector.