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HomeMy WebLinkAbout12-2150NOTARY ? E','; Fri 1: 3t! ".' 1 ? Er?L,-, D COUNTY DEINO SYLVANIA 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. JONI M RAUDABAUGH 800 Upland Street Mechanicsburg PA 170554355 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O?Ot a ^ a- 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-39368 / 304 pq.% i n3.77s?l Q?a-7 ay33 BURTON NEIL & ASSOCIATES, P.C. Yale D. Weinstein, Esquire, Id. No. 89678 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. JONI M RAUDABAUGH 800 Upland Street Mechanicsburg PA 17055-4355 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 Joni M Raudabaugh who resides 800 Upland Street, 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 8529. 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 $14,652.62 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 $14,652.62, and the costs of this action. 1 7YIe it As ociates, P.C. ft .Weinstein, Esquire -y: Brit J. Suttell, Esquire In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. C-39368 / 205 Sears MasterCard" Cal us at 1-800-0004468 Manage your account and pay your bill at wwwAsersearioom write to us at PO Box 6262 Skasc Fells, SD 6711742 JONIM RAUDASAUGH Account Number: 8529 Page 1 of 2 Summa of Account Activity Previous Balance $14,246.15 Payments $0.00 Other Credits $0.00 Purchases $0.00 Cash Advances $0.00 Fees Charged +$39.00 Interest Charged +$367.47 New Balance $14,652.62 Past Due Amount $2.563.46 Credit Limit $13,160.00 Available Credit $0.00 Cash Advance Limit $50.00 Available Cash Limit $0.00 Amount Over Credit Limit $1,492.62 Statement Closing Date 04/12/2010 Days in Billing Cycle 31 Payment Due Date 05/09/2010 a pryrnsnts must be at Payment Infolnnatlon the addresa for payrnents by the payment due date. New Balance $14,652.62 Minimum Payment Due $4,609.55 Payment Due Date 05/09/2010 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 $39.00. Minimum Payrnent Waming: 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: . ytau nlslbs: f ra adddw Yau:vriU Pay off tha Arid y1>tt wtll ... ehargas tieng this card War! oa:showf? ort ttg6 : 'etnd:up Paging an .aaei esoh.nwttlitt; You. Pay :: staterrnent m. ekiout. es mated toter of.:: Only the minimum payment 33 years $42,943 $622 3 years $22,389 Settings= $20,5541 11you would like ktronnatiort about credit counseling services. call 1-877-37-8188 Your Seem Choice Rewards Summary Previous Reward Points Balance 0 Reward Points Earned This Period 0 Adjustments to Reward Points 0 Reward Pokft Redeemed This Period 0 Ending Reward Points Balance 0 Transactions Trans Date Post Data Description Amount Fees Interest Charged 04/04110 04/09/10 LATE PAYMENT FEE TOTAL FEES FOR THIS PERIOD 39.00 39.00 04/12/10 04/12110 Interest Charge on Purchases 367.47 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 367.47 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION This Account is taued by Citibank (Routh Dakotel, NA Please detach tMs portkm and return with your payment to insure proper credit. Retain upper portion for your records. Sears MasterCarde Account Nurnber. 8529 New Balance Du Dow P yaant Due Amount Enclosed $14,652.62 05109/10 $4,609.55 F 0098387 EX 07 B 10102 1 TXSW3 FVG D01 7 N EXHIBIT IIPPIIIlII'PIA'Illhll4'la,unllrr'u4lhllpulaal4'I'11! Make check payabim to JONI M RAUDABA" SEARS CREDIT CARDS 800 UPLAND ST PO BOX 183082 MECHANICSBURG PA 17055-4355 COLUMBUS, OH 43218-IM !II'I"IIIIIIlrIllllllrrlrllllrlrrrllllll'1'II'Irlll'III'II'II'I' P'- make address charges on reverse side. A C ?31??6 100 5529 1465262 0460955 0000000 0719 Information AboutYo r Account Grace Period on Puchuse.You can avoid periodic inane changes on puchases but not on balance trandem and cash access transactions R nab Is on your account). Thin ecalad a grace period on purchases. You can get a grace period of at Wed 20 days. To do so, pay the biowng annum by the due date every billing cycle: e Amwnt Balance, less • any Deferred Interest balances that expire after the due date, f you do noti not get a race period unless you paythe above amount by the due Meg= Ming in a raw. In adfilsn, certain promotional offers may tale sway the grace period an pu i chosen. Other prortational offers, in addition to Deferred lrterestoflors,mayalsoallavyouto havesgraoaperadon purchases without having to pay all ora portion of the promolio balance by the due data. If eitheristhecase, theprormtanalotterwildescri ewhathappens. Balance Subjectto Finance Chrge.lMe use an average daily balance method (in cludinQ new transactions) to calculate penodie finance charges. We do this hrepaatefyforeaoh balance. Thesebalencea nclde,loreocamppls, regular Sears purchases, balance transfers, c&wmgul rE*mol purr, Old Balances, cash access transactions, and ddferent promotional balances, as applicable to your account. an we calculate periods finance chagea we tmet each Deferred Interasttraneaclionseparately wand 4 hasthesometermsasanotnerDefermd IMemattranaedion.) We figure the periodic finance charge by mufipyn the daily balance by is we start periodic with the lance mteftclothisforesch day in the of the end the prerevious dayr TWe add any periodic finance charge on thepreviousday'sbalance. (This m ulls04aiycompoundingd finance charges.) We add an n harp, ft than subtract any nowcredits or menlsandmal®ciner . Acredtbelance'istreated asabalance of zero. For each balance, the Average Daily Balance is the aerage of the daily balances during the biting cycle. If you multiply thisf.qure for each balance by is daily parodic rate and by the number of days in the filing cycle, the msuft is the tatal periodic finance charge on that balance. Rounding may cause a small difference. Sala Data. The Sale Date shown on the Account Statement is also thaTrinsaction Date. Annual Wmbershp Fse.Any annual membershipfesisbilled once ayear. The amoatof the fee appears on the statement when the fee is billed. Wes will refund this fee f you notify us that you are closing your account within 30 days of the rneilirip or delirerydate ofthestatemerdanwhich thefeeis billed. Youwilgetthe round even i you useyourcard during that period. PwW1yAPR ThePbrotyAPRme}rbeeppiedtoyouraoeauntNyou: (1)Moma we d Gooveryourcneddimt;(3)Makeapaymentthatis returned; or (4)Ibanyof epraceding(1)through(3)-another account ihatyouhave with us. HowLOnpVMdwPa APRApI*?1 our APRsamiuioreeeedtoranyofthese ream the Penalty APR will apply until you maim 12 consecutive minimum payments on time and do not do (1) through (3) above on any account you have with us during that time period. The parely a may and sooner in accordance with yourUrdAgreement, or if required by applicable law. Bring Rights Su anary In Case of Emom or QuesdonsAlwuAYourBill.f youthnkyourbiliswrtsg,or fyou need more information about a transaction on your bill' write us al the address feted on this statement where it says Write to us at' Wile us as soon as possible. We must hear from you no laterthan60 days after we send you the fast bill an which the are or problem appeared. You can telephone us, but doing so will rot preserve you rights. In your letter, gee us the following idornretion: -Your name and account number. The dolor amount of the suspected error. Describe the enor and explain, f you can, why you behave them is an error. If yyou need more information, describe the item you are unsure about. - Please sign your letter. You do not have to pay any amount in question while we are investigating But you are 961 obligated to pay the parts of your bit that are not in question. While wa rarestigaleyourquestion we cannot report you asdeinquenton the disputed dam ortalmany action to collect the anaurtyou question. Spaetal Rule for Credit Card Prrdheses If you how a problem with thequaly of goods or services that you purchased with a credit card, and you have tried n good faith to correct the problem with the merchant u may Ind have to pay the remain g amount due on the goods or services. Yo lrvethis pm"ononywtwnthepurchase price ismoi thanW and the purchase is made in your home state or within 100 miles of your mailing for the .(Kwaawneropaatethemerchant,reiwemailedyouthsadverisement for the properly or earvuhes, all purchases are coered regardless of amount or location of purchase.) Important Payment Instuclions Crediting Paynvsnts. We nest receive your paymerit in proper form at our procesarrg facility by 5 m. bcaltine there. If we d0. it will be credited as of that dayAprymenl at theproceseingfacility inproper form after that time wil be cxeilk as of the nod day. Allow 5 to 7 days for payments by regular mail to reach us. There mmaayy be a delay of up to5dsysinaedt cep ntwereceive that is not in pmw= or is not serf to the Barred address. The carreet address fora payment send by regular mail is the address sated an the return envelope or on the fiord of the payment coupon. A payment made in-store is not sent to the conectaddress. Thecorrect addnessforapayment sent by courier orarprommail is the Express Payments Address stow below. Proper Form. Fore payrnerd9W by mail orcourierto be in properlonn,you must: Enclose avoid chedtormoney order. No cash, gift cards, orforeign currency • oyour name and account number on the front of your check or money order. I you sand an sigM crock with this coupon, you ahrdwift us to Wisyymorrrpaymentbyelactronicd=' Nwo*Owchodringaccount orbited in the amount on do chsdr. We risay do this n won as the will day we recef o the chedr. Alsq the creek will be destroyed. Copy Fee. We change $3 for each copy of an account statement that data back 3 months or mare M add thefee to the regular Som purrhass bolonce. We waive thefeef youurmquestforthe MrWatestoa biing enorordisputed purchase. Payment Options Other Than Regular Mail. • Online payments. Ynstwwer.5eami ant.canandsignupforonlinepayments. Enmknoid mOV We a few days. If we mosiveyour mclued to make an online payment by 5 pm. Eastern lkne, we will credit your payment as of that day f we receive your request to molm an online ppaayyrtn after that time, we will credtyour pnrymat asaf the nerd day fbr secudty masons, you may be unable topayyourendreAccount Balance with yohrfrstonline payment. • Pay by Phose Service. You may use th is service anytime tomelmapayment by phone. You will be charged $14.95 to use this W" Cal by 5 pm. Eastern time to have yyoouur payment credited as of that day If you c? after that time, y?psymentwil be credited as of the needday. %may process your payment electronically afterwe verity your iderhtity• • Express Palmate. You can send payment by courier or dress mat to the Express pay msinla Address: Payments Departrnent,1500 Botontield Street. Columbus, OH 43228. Payment must be renreyed in pnoperform at the proper address by 5 p.m. Eastern time to be modted as of that daeyy Al payments cmceivW in Mperformatdw pmwaddresaatterthattimeviii bscreditedas the next day. Report a Lost or Stolen Card knmediaW You may call customerServioe 24 hoursaday, 7 dope week Account issued by CUmmk (South Dslwta). MJL. 16037 EN Rey 01110 01 OF6057 - 3 -12110-1009 If your address has changed, please print any changes below Name: Street Address: City State, Zip: Phone: sears MasterCard` Call us at 1-ND-8011-aw Manage your account and pal, your big at wwwmarecara cont write to us at PO Box 9282 Sioux Pale, SD 571174M JONI M RAUDABAUGH Payment Due Date Account Number. XXXX XXXX XXXX 8529 Page 2 of 2 05/09/2010 86W7 YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $14,246.15, WHICH WAS YOUR ACCOUNT BALANCE ON THE LATE FEE TRANSACTION DATE. Interest Charge Calculation Your Annual Percents a Rate APR is the annual interest rate on your account. Annual Percentage Balance Subject to Type of Balance Rate (APR) Interest Rate Interest Charge Purchases 29.99% (d) $14,428.13 $367.47 Cash Advances 29.99% (d) $0.00 $0.00 (h = Variable Rate Effective ANNUAL PERCENTAGE RATE: 29.99% (d) = Daily (m) = Monthly Cardmember News The 'Effective ANNUAL PERCENTAGE RATE' Includes all transaction and periodic Interest charges Imposed this billing period on all balances on which Interest charges were Imposed. If the 'Effective ANNUAL PERCENTAGE RATE' Is WA, no interest charges (after adjustments) were Imposed this billing period. Interest charges may be accruing on promotional balances and may be billed to your account under the terns of the promotional offer. Refer to the corresponding APR for the APR diet applies to each balance. You've likely heard about some changes impacting consumer credit cards as a result of the Credit CARD Act and other regulatory changes. For our valued customers, we believe it is important to understand these changes, most of whirl went into effect in February 2010. For detaas. visit www.newcreditcardlawsciticards.com. If you missed our call, we can still help you bring your account current. When we call you about your account, we're calling with suggestions to help bring your account up to date. We have payment programs you may not know about that can help you avoid future late fees. Please call us today at 1-866-518-9449. We'll be happy to help you find a solution that works for you. Verification 1, Lisa Bltmer , 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. V Signature C-39368 Joni M Raudabaugh Account number ending 8529 1032 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?4?vt8'? at v i mr,P,•;r ? Jody S Smith Chief Deputy Richard W Stewart Solicitor 7 71 Citibank, NA vs. Case Number Joni M. Raudabaugh 2012-2150 SHERIFF'S RETURN OF SERVICE 04/09/2012 06:34 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 2012 at 1834 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Joni M. Raudabaugh, by making known unto herself personally, at 800 Upland Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. -------------- C4 TSH ,DEPUTY SHERIFF COST: $38.00 April 12, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF i e o ..)m r... CITIBANK, N.A. : IN THE COURT OF COMMON PLEAS 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.2012-2150-CIVIL . JONI M RAUDABAUGH „ 800 Upland Street Mechanicsburg PA 170554355 ' Defendant : CIVIL ACTION - LAW +T y`P Praecipe for Default Judgment To the Prothonotary: y= w 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: $14,652.62 Less Credits: $1,432.53 TOTAL $13,220.09 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unswom 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 the defendant is not in the military service of the United States based on inforr the defendant and/or the Department of Defense website. JUDGMENT BY DEFAULT ENTERED Bui AND DAMAGES ASSESSED AS ABOVE. NOTI GIV N UNDER PA.R.CIV . 236 By:: 1 Pro ProtOrk( Lary A,9 The law firm of Burton Neil & Associates is a debt collector C-39368 / 221 2003 (SCRA), received from C. (Y# D. Weinstein, Esquire rD o rney for Plaintiff . NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 CITIBANK, N.A. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JONI M RAUDABAUGH N0.2012-2150-CIVIL Defendant : CIVIL ACTION - LAW TO: Joni M Raudabaugh 800 Upland Street Mechanicsburg PA 170554355 DATE OF NOTICE: May 15, 2012 IMPORTANT NOTICE C-39368 / 265 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 800-4A B In making this communication, we advise our office is a debt collector. Neil &f 4siociates, P.C. By: Yale D. einstein, squire Attorn y for Plaintiff Identi ication No. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 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 IN THE COURT OF COMMON PLEAS V. JONI M RAUDABAUGH Defendant CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2012-2150-CIVIL 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 By: .3wooo eputy 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 The law firm of Burton Neil & Associates is a debt collector.