HomeMy WebLinkAbout12-0816
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, N.A.
701 East 60th Street N
Sioux Falls, SD 57117
Plaintiff
V.
DENNIS ROSENBERG
1801 Hunter Drive
Mechanicsburg PA 170501606
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. Jo l- 8r1
6i'i I -ur-M
: 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. OS
32 South Bedford Street
Carlisle, PA 17013 41,D3.,75 PA A77'I
C-56711 / 304 Telephone No. 717-249-3166 or 800-990-9108 C# 114toi7
BURTON NEIL & ASSOCIATES, P.C.
Yale D. Weinstein, Esquire, Id. No. 89678
Brit J. Suttell, Esquire, Id. No. 249140
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.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
DENNIS ROSENBERG
1801 Hunter Drive
Mechanicsburg PA 170501606
Defendant
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 Dennis Rosenberg who resides 1801 Hunter Drive, 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 4781.
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 $2,201.85 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 $2,201.85, and
the costs of this action.
iates, P.C.
By: le D. Weinstein, Esquire
By. rit J. Suttell, Esquire
In making this communication, we advise Burton Nei f A Associates, P.C. is a debt collector.
C-56711 / 205
Account Statement
sears Sears MasterCard"
6 Customer Service:
searscard.com
® Account Inquiries:
1-800-669-8488
send Notice of Billing Errors and Custorrar service Inquiries to
SEARS CREDIT CARDS
PO Box 6282, Sioux Falls, SD 57117-6282
FA?counrt Number: 47ti1
Summary of Account
Previous Balance
119.33 New Balance
- 0.00 Minimum Payment
0.00 Payment Due Date
September 12, 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:
If you makri tso addrtWnai Y60 Willi pay- off the And you wig
charges using this card - balance showmbn this end uP paylr9 an
and. each month you, pay... statement to about.. ®stimated totat of...:
Only the minimum payment 11 years $4,754
$88 3 years $3,162
(Savings=$1,592)
If you would like Information about credit counseling services, call 1-877-337-8188.
Your account is seriously past due. Amount past due is shown above. Arrangements for future payments should be made immediately
TRANSACTIONS
Trans Date Description Reference # Amount
FEES
08/12 LATE FEE
$ 35.00
TOTAL FEES FOR THIS PERIOD
$ 35.00
INTEREST CHARGED
08/18 INTEREST CHARGE ON PURCHASES
$ 47.52
TOTAL INTEREST FOR THIS PERIOD
$ 47.52
Things happen and sometimes you can get behind on your account.
That's when we can help. Life is unpredictable and sometimes, even with the best intentions, you can get behind on your account.
We understand that and want you to know that we are here to assist you in bringing your account up to date. We're here to help
with solutions for you to consider.
Let us work with you to find a solution that may help you bring your account current.
Call 1-866-518-9054 today.
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 of 4 This Account is Issued by Citibank, N.A.
----------------------------------------------------------------------
+ Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records.
Sears MasterCard" Make Checks Payable to:
SEARS CREDIT CARDS
t Past Due Amount is included in the Minimum Payment Due.
Your Account, Number Payment Due Date New Balance Past Due Amountt Minimum Payment Due Amount Enclosed
4781 SEPTEMBER 12, 2011 $2,201.85 $342.50 $749.87 $
SAVE STAMPS, TIME... AND TREES! Visit Account Online and register now for Online Bill Pay,
Paperless Statements and More
4781 0220185 0074987 0010096 091 000 7
SEARS CREDIT CARDS
PO BOX 183082
DENNIS ROSENBERG COLUMBUS, OH 43218-3082
1801 HUNTER DR
MECHANICSBURG, PA 17050-1606 ?
I
EXHIBIT /?
Print address changes above in blue or black ink.
New Balance $2,201.85
Past Due Amount $342.50
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.
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.
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.
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 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.
EM SMC/TGI/SCC/SCP/HIPS 08/11
T01206-1238-5300-0044-g-E-0-X-08/01/01-63---0--4-402-0-0-SRSCHMSG---04/30/11-GOWB-July 15, 2011N
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
r •'
Account: **** **** **** 4781
2011 Totals Year-to-Date
FTotal Fees Charged in 2011 $130.00
Total Interest Charged in 2011 $332.63
INTEREST CHARGE CALCULATION
YYpB of Batartce Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Annual Percenta.9g RatsF (APR1 6at*C*SU0JW1Wld""aii tRa a Intet l ?l j!rg '
PURCHASES
REGULAR 25.24% D V $2147.66 47.52
CASH ADVANCES
REGULAR 27.15% D V $0.00 .00
V = Variable Rate D = Daily
REWARDS SUMMARY
Previous Points Balance 0
Points Earned 0
Points Adjusted 0
Points Redeemed 0
Endin Points Balance 0
Page 3 of 4
Account: **** **** **** 4781
Your New Statement: Clear. Concise. Easy to read.
Clear.
Statements are written in everyday language that you'll be able to read and understand. They show you how much you've spent,
how much you owe, when you owe it and how long it will take you to pay it off.
Concise.
The information is "bucketed" into sections that make it easy to find what you're looking for and is written in normal, everyday language.
Easy to read.
The words themselves are in a large and easy-to-read typeface.
-------------------------------------
--------------------------------------------------------------------
Transactions
Gearly see the activity that occurred to
create your monthly balance: purchases,
payments and credits, fees and interest
for the billing cycle
Promotions Section
Customer-friendly summary
with promotions listed in order
of expiration
.ecount • • •a• 9999 l _ - -
RANBACYICM$??_Z _-- -- -'
,.,.eoai. ue,eAe1
rx:CL: MhlAP1'.':. F1UfrFPEE:3i'RC ?'
rM1LiKi .l LRvIR -.
FEES _ _`_ ? __ ,
vwoo?LAT: FEE ? _. - 3
MM: oo rFTUH? cHt cK ? c _ , - .. 3
NW'DO MI1eVUM CHARGE ,':..
TOTAA Me FOP 1%S PER00
ietT9A95r GNAaGiO PURCHAtcS
MM.9G NTl REST CHARUL ON _
HMAI 0`7 CASH AUtlANCEU
Summary of Account Activity
Monthly account activity-payments, credits, fees, and
interest charged
Account Number/Contact Information
Payment Information
Your balance, minimum payment and due date
Payment Calculator
An estimated time it will take to pay off your balance when
making the minimum payment and how much you should
pay each month to pay off your balance in 36 months
Account Sta mm rr
amxusaar?ar a.eo.t.rrauwaw .a.
sears Ili v ........ .... ... H 94 i 99 I i T 9609M
Account Inquiries: Auwnt Num6,r: 00 w9
t-909.909-9999 Plaet?6Nun1l,w: 9999.999p919119
Summary of Account Acwity peyM" Mformatim
Provious6oance $9.999.999.99 Newe919nce -$9,999,999.98
Olh-pq&:,q - -$9.999:999.98 :"um Payment Due -$
-: -x9.999,989:988.999.999.99
liu i- - _. _.. x$9,999,999,99 PayrnwA Due Date _.........Month DD. YYYY...
Cash Adv,@nc?} Late Paynrnt Woming: M tlN do not rncuw Yaw mmimuim povmem
F. Ch9YQN1 900,999.go t+Y 111edate listed ahwe, you may haw. W pay a late lee W to $35.
Intereat
999.99 hpo P9pwnl Wer iem9Mumalty imly t the meYnlm peyner
New Rdmce x$9,599.,989.98 each pelk4t You will pay mlx.m nteres't and it UtN UNe yW lunges to
Past DuoArrlount $9:999999.99 Pay oe your bdanr... FU Axa *;
Jd,05t8.99999 _ w ..ayw.a rqi ?pry.xl rr Aogyw?'A99:
AtloladeGedit .. .. _$9.999.9999D 9PA ?7 tiaeN»itmrnu 9iin mA.?n9a ,l,F.
Cae_h Advance Limit mwn?pnl?1 'vurwe:r9,: ,twat: al
_ $9999,999 cf i
99 ?,:a a„n, uRr.n nlea 1U axe smw999
AvaEede Cash lmld $9999.9999?
Amount Over CreM Lmat $9 999.999 99 $993 l s ww.rrs 59U9pA919k)
Sm-oritQ sing Dete MMlOO/YyyV f3a+n9e.:4998999
Next Statement C"ng Date MM/DD/YYVY nR.., r..rtnn reeoracarcovi trq;orna ?l srw uw oss
'D •e in Wang cydo 99
w nvxl, .,,? p?m A.ral:,v.??o-91999n Ii I?; MM/DOlYYI;.,. ,.: -eler?J .. rst. ay..s
TRANSACTIONS
Trent Orb Orrrpp9an - p,prrnear lneairr Amount
VW'DD NTEHr57U
TOTN.INTERE9T F- 1119 P9900 ? ...
µY hfroyata - 9q t Original Transaction Amount
z .. ya,999,999.
Teal Feet C'ary,9 YVVV _ Y-':449.999.99
Tea, br.M -_ _--
?,? ?
`
Allows you to reference the
2 91-A , Paynent+ &1109 µen7N , Vna
`% rVA
% -
original purchase amount
Z gn; n,, ?;,,
n
1 of _ _ Detl? . -- -
pROMOTR?N9? _ AmW
""""°"
' I
??
:Y FERREl'¢Tw.TII`?
- New Promotion Balance
?
Sz pIAFW I, N1 •?? ?°° ?"" `
,,,e
rBa '
Ch Keep track of the amount of the
P„?
ry
NY.: An,za
9T CRAROE CALCKATION
hteMRWrApR1 a
_ II.
- -Intllrel
.
original promotional purchase
INrE
AnmzW PnC,
-_itlfe 918alAnu. - ..
_ 59.;;9.999.99 $9.99999999
$9,999.999.99 _... I` which remains unpaid
PURCHASES $9.999099.99 ,. .. $8.999.99999
REGULAR f3Ef-0RE MMIDDIY'? 991,19 ^: ITN ....
- REGULAR Ctt OR - 999.99x. (K M 59.999.99999
999.999.99
89 $9.999.989.99 .... 1-.
- 11
L9ALANCF 1
PROMOT ANAL EALANCC 2 ....999 999: (m),
I .
...
99 89 999999.99 ..
PR??
,
CASHADVAKI:S ... 999.99%'M1 ... .... _
59.999.999
59999.99999 59.999.99999
... 99 I.
.
59 999.999.
,
Page 4 of 4
Verification
I, AGNOY C001" , 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-56711
Dennis Rosenberg
Account number ending 4781
1032
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
o
?a?.,l•. at ?aaufirr??'° 2W`1zF r828 AM 8:??
0UMBEIiLA,' D Cold s
OFF -....F,:...:. TF-E ERIFF Pr'ISYL VANIA
Citibank, NA
vs.
Dennis R. Rosenberg
Case Number
2012-816
SHERIFF'S RETURN OF SERVICE
02/24/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: Dennis R. Rosenberg, but was unable to locate him in
his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant
Dennis R. Rosenberg. Request for service at 1801 Hunter Drive, Mechanicsburg, Pennsylvania 17050 the
Defendant was not found. Deputies were advised by the current resident, Dennis R. Rosenberg moved
over one year ago. However, The Mechanicsburg Postmaster is still delivering his mail to this address.
SHERIFF COST: $43.00
February 24, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
T?j r
2t 2 HAR 26 N1 2: 2
CUMBERLAND COW,"
PENNSYLVIkN(A
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, N.A.
Plaintiff
V.
DENNIS ROSENBERG
Defendant
To the Prothonotary:
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 12-816 CIVIL TERM
: CIVIL ACTION - LAW
Praecipe to Discontinue
Kindly discontinue the above-captioned action without
Burton leil As o
By:
e D. Wei
The law firm of Burton Neil & Associates is a debt collector.
P.C.
Esquire
C-56711 / 314