HomeMy WebLinkAbout12-4300'HE pR0' iNt3
NOTARY,
ZU12 JUL 11 AN 11: 36
C"BENLANO 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
Attornev for Plaintiff
CITIBANK, N.A.
701 East 60th Street N
Sioux Falls, SD 57117
v.
CAROLINE C LOY
120 Bosler Avenue
Lemoyne PA 17043-1925
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 43W ?U?I I
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 monei
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 CA] i
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-57795 / 304 LSD S?
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BURTON NEIL & ASSOCIATES, P.C.
Derek C. Blasker, Esquire, Id. No. 202150
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.
CAROLINE C LOY
120 Bosler Avenue
Lemoyne PA 17043-1925
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 Caroline C Loy who resides 120 Bosler Avenue, Lemoyne, Cum
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 9511.
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
7. Defendant was provided with monthly statements for the Account including the
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
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 $3,676.94 exists which
sum reflects the Exhibit A statement balance less credits, if any, which were applied
to the date of Exhibit A.
Wherefore, plaintiff demands judgment against defendant for the sum of $3,676.94,
the costs of this action.
AvBy_;.D IeC. A sociates, P.C.
J
Blasker, Esquire
,Ky: : Brit J. Suttell, Esquire
In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector.
C-57795 / 205
sears Sears card-
0 Customer Service:
searscard.com
rol Account Inquiries:
11110 1-800-917-7700
Account Statement
Send Notice of Billing Errors and Customer ervice Inquiries to:
SEARS CREDIT CARDS
PO Box 6283. Sioux Falls, SO 571 17-62831
Account Number 9511
Payment Information
Credit Limit 0.00
Available Credit 0.00
Amount Over Credit Limit 676.94
Statement Closing Date 03/08/2012
Next Statement Closing Date 04/06/2012
Days in Billing Cycle 31
New Balance $3,676.94
Minimum Payment Due $979.88
Payment Due Date Ap it 4, 2012
Late Payment Warning: If we do not receive your minimum pay ent 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 top y off your
balance. For example:
If you make no additlonat You will pay off the jend ou will
charges using this card balance shown on this aying an
an d each month you pay.. statement in about::. total of...
Only the minimum payment 14 years ,198
$147 3 years 279
It you would like Information about credit counseling services, call 1-877-33{'-8188.
Your account is seriously past due. Amount past due is shown above. Arrangements for future payments should be made
Trans Date Description Reference # A ount
FEES
03/04 LATE FEE $ 35.00
TOTAL FEES FOR THIS PERIOD $ 35.00
INTEREST CHARGED
03/08 INTEREST CHARGE ON PURCHASES $ 77.33
TOTAL INTEREST FOR THIS PERIOD $ 77.33
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 r fund
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.
» Call 1-866-518-9052 today.
8SE3
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 of 4 This Account is Issued by 'Itlbank, N.A.
-----------------------------------------------------------------------------------------------------
Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records. 'P
Sears Card® 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
9541` APRIL 4, 2012 $3,676.94 $830.55 $979.88 $
SAVE STAMPS, TIME... AND TREES! Visit Account Online and register now for Online Bill Pay,
Paperless Statements and More.
9511 0367694 0097988 0013766 031 000 5
SEARS CREDIT CARDS
PO BOX 183081
CAROLINE C LOY COLUMBUS, OH 43218-3081
120 BOSLER AVE
LEMOYNE, PA 17043.1925
EXHIEJIT A
Print address changes above 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 Tb Do If You Find A Mistake On Your Statement
If you think there is an error on your statement, write to us at the address for
billing inquiries and correspondence shown on the front of your statement.
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.
At least 3 business days before an automated payment is scheduled, if you want
to stop payment on the amount you think is wrong.
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.
Important Payment Instructions.
Right to Prepay Your Account. 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.
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. 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 $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.
What Will Happen After We Receive Your Letter
When we receive your letter, we must do two things.
1. Within 30 days of receiving your letter, we must tell you that a received
your letter. We will also tell you if we have already corrected he error.
2. Within 90 days of receiving your letter, we must either correct the error or
explain to you why we believe the bill is correct.
While we investigate whether or not there has been an error:
• We cannot try to collect the amount in question, or report yc
that amount.
• The charge in question may remain on your statement, and i
continue to charge you interest on that amount.
• While you do not have to pay the amount in question, you ar
for the remainder of your balance.
We can apply any unpaid amount against your credit limit.
After we finish our investigation, one of two things will happen:
• if we made a mistake: You will not have to pay the amount it
interest or other fees related to that amount.
• If we do not believe there was a mistake: You will have to pal
in question, along with applicable interest and fees. We will sc
statement of the amount you owe and the date payment is d
report you as delinquent if you do not pay the amount we th
if you receive our explanation but still believe your bill is wrong,
us within 10 days telling us that you still refuse to pay. If you do
report you as delinquent without also reporting that you are qu
We must tell you the name of anyone to whom we reported yon
we must let those organizations know when the matter has bee
us.
If we do not follow all of the rules above, you do not have to pay
the amount you question even if your bill is correct.
Your Rights If You Are Dissatisfied With Your Credit Card Pu
If you are dissatisfied with the goods or services that you have I
your credit card, and you have tried in good faith to correct the
merchant, you may have the right not to pay the remaining amc
purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home state or w
miles of your current mailing address, and the purchase price
been more than $50. (Note. Neither of these are necessary if
purchase was based on an advertisement we mailed to you, c
the company that sold you the goods or services.)
2. You must have used your credit card for the purchase. Purchi
cash advances from an ATM or with a check that accesses yo
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 w
contact us in writing at the address for billing inquiries and corrf
on the front of your statement.
While we investigate, the same rules apply to the disputed amou
above. After we finish our investigation, we will tell you our deci.'
if we think you owe an amount and you do not pay, we may rep
delinquent.
T01679-9351-5000-0021-9-E-40-X-05/01/1
Payment Options Other Than Regular Mail.
EM
In-Store Payments (Where Available). Any payment in prop
accepted in-store will be credited as of that day. However, cre
availability may be subject to verification of funds. Not all sto
payments. Contact your local store to see if in-store payment
accepted at that location.
Online Payments. Visit the web address on the front and sig
online payments. Enrollment may take a few days. If we recec
request to make an online payment by 5 p.m. Eastern time, %
your payment as of that day. If we receive your request to m<
payment after that time, we will credit your payment as of th
For security reasons, you may be unable to pay your entire N
with your first online payment.
Pay by Phone Service. You may use this service any time to
payment by phone. You will be charged $14.95 if a represents
helps expedite your payment. Call by 5 p.m. Eastern time to h
payment credited as of that day. If you call after that time, yo
will be credited as of the next day. We may process your payr
electronically after we verify your identity.
Express Payments, You can send payment by courier or exp
the Express Payments Address. This address is: Payments De
1500 Boltonfield Street, Columbus, OH 43228. Payment must
in proper form at the proper address by 5 p.m. Eastern time t
as of that day. All payments received in proper form at the pr
after that time will be credited as of the next day.
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Page 2 of 4
Account: **** **** **** 9511
24:12 Totals Year-to-Date
Total Fees Charged in 2012 $105.00
Total Interest Charged in 2012 $220.17
INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate
TY06 of Bahme ArtOW.PoW tAge 940 0'P% ca t3tt6lt?t fo 'Inttrreet Rate l6f4 n your account.
Char is
PURCHASES
REGULAR 25.24% D V $3607.48 77.33
= Variable Rate (0) = Daily
Page 3 of 4
Account: **** **** **** 9511
Page 4 of 4
Verification
Yidd L. Koch
1, , am employed by Citibank, N.A. (hereafter Citibank), whi
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
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.
Signature
C-57795
Caroline C Loy
Account number ending 9511
1031
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
?tTU'1,? r
Citibank, NA
vs.
Caroline C. Loy
4fl12 JUL 23 AM 8: 37
PENNSYLVANIA, ; ,
Case Numb
2012-4300
SHERIFF'S RETURN OF SERVICE
07/13/2012 05:17 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on July 13,
2012 at 1717 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Caroline C. Loy, by making known unto herself personally, at 120 Bosler Avenue,
Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her
personally the said true and correct copy of the same.
RONALD HOOVER, D
SHERIFF COST: $44.00
July 17, 2012
SO ANSWERS, )?
RON R ANDERSON, SHERIFF
{r' clu ltySuite 5rl i ,,:
,_ _ _
CTTIBANK, N.A. IN THE COURT OF COMMON PLEAS
701 East 60th Street N, ~~ ~ 2 ~~~ 29 ~~ (~ ~ ~~
Sioux Falls, SD 57117
Plaintiff ~tJM~~RLAND C4 ERLAND COUNTY, PENNSYLVANIA
p~NNSYLVANI
v.
NO. 12-4300 CIVIL.
CAROLINE C LOY
120 Bosler Avenue
Lemoyne PA 17043-1925
Defendant
To the Prothonotary:
CIVIL ACTION -LAW
Praecipe for Default Judgment
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:
TOTAL
$3,676.94
$3,676.94
Understanding that false statements herein made are subject to penalty under 18 Pa. C.~. §
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 v
judgment is to be entered and to their record attorneys, if any, after the default occurred, and at
ten days prior to the date of the filing of this praecipe.
3. Pursuant to Section 201(b)(1)(A) of the Servicemembers ivil Relief Act of 2003 (SC
the defendant is not in the military service of the United. States bas on information received
the defendant and/or the Department of Defense website. ~
JUDGMENT BY DEFAULT ENTERED
AND D ES SESSED AS ABOV
NOTICE G N CIV.P 6
;r1
.~
Pro Pro
By:
The law firm of Burton Neil & Associates is a debt collector.
& Associates, P.C.
D . Blasker, Esquire
Attorne for Plaintiff
I.D. NO. 02150
1060 Andrew Drive, Suite
West Chester, PA 19380
C-57795 / 221 N~
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___ __ _ _ _. _ _ _ __ T
CITIBANK, N.A. IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v.
N0. 12-4300 CIVIL
CAROLWE C LOY
Defendant :CIVIL ACTION -LAW
TO: Caroline C Loy
120 Bosler Avenue
Lemoyne PA 17043-1925
DATE OF NOTICE: August 09, 2012
IMPORTANT NOTICE
057795 / 265
You are in default because you have failed to enter a written appearance personally or by attorney and fi a 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 yo r
property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawy r,
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 r Assoc.
32 South Bedfor treet
Carlisle, PA 17 1
Telephone No.717-249-3166 r 00-9!
In making this communication, we advise our office is a
debt collector.
108
I & Associates, P.C.
By: ~
Derek C. der, Esquire
Attorney for Plaintiff
Identification No. 202150
1060 Andrew Drive, Suite 170
West Chester, PA 19380
(610) 696-2120
~~
Burton Neil & Associates, P.C.
By: Derek C. Blacker, Esquire ID. N0.202150
1060 Andrew Drive, Suite 170
West Chester, PA 19380
610-696-2120
Attorney for Plaintiff
CITIBANK, N.A.
Plaintiff
v.
CAROLINE C LOY
Defendant
1N THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 12-4300 CIVIL
CIVIL ACTION -LAW
Rule of Civil Procedure N0.236 (Revised)
Notice is given that a JUDGMENT in the above captioned matter has been entered
against you on ~ 0~ ~ a
Prothono
~~
By: ~
Deputy
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.
T I
tdi T1'!E I-icyr 1 o. r
!U1'�0 T�,:1;�;
1013N0V ?_0 Pty 1: 03
CUMBERLAND Dt3UP�TY
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. : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
V..
: NO. 12-4300 CIVIL
CAROLINE C LOY
Defendant : CIVIL ACTION-LAW
Praecipe to Satisfy Judgment
To the Prothonotary:
Mark the judgment Satisfied .
Burton N- Ay A ssociates, P.C.
\\
By: tL
Der74 Blasker, Esquire
Attorney or Plaintiff
This is an attempt to collect a debt, and any information obtained will be used for that purpose.
This communication is from a debt collector.
( C-57795 /318
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