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HomeMy WebLinkAbout12-4414Burton 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. 2 -r C . < ["1 )' C-i CD -r .c-- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DALE W WALBORN : NO. /oZ - ,yr j/?( Civ - eirM APT. # 217 302 Second Street Summerdale PA 17093-0217 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 Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 # /6-3.-7.5 PO ATII Telephone No. 717-249-3166 or 800-990-9108 G55212 ! 304 0 /d3db5.'S P-10 a 780 tl3 BURTON NEIL & ASSOCIATES, P.C. Trenton A. Farmer, Esquire, Id. No. 209422 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. DALE W WALBORN APT. # 217 302 Second Street Summerdale PA 17093-0217 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 Dale W Walborn who resides APT. # 217 302 Second Street, Summerdale, 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 1492. 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 $2,252.44 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 $2,252.44, and the costs of this action. Burton 1 Associates, P.C. B enton A. Farmer, Esquire By: Brit J. Suttell, Esquire In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. C-55212 / 205 Sears MasterCarde Call us at 1-000-096-sm Manage your socount and pay your NN at wwwAllarstlard col" Write to us at PO Bolt 8384 91ma 1 "8D 67117-UN DALE W WALBORN Account Number. Page 1 of 2 1492 Payment Due Ode 06!22!2011 Summa of Account Activi Previous Balance $2,170.31 Peyrtlents $0.00 Other Credits 30.00 Purchases $0.00 Cush Advances $0.00 Fees Charged + $30.00 interest Charged + New Solance 32,252.44 Pest Due Amount $344.73 Credit urnit $2,110.00 AvallabN Credit $0.00 Cash Advance Limit 550.00 Avalledle Cash Limit $0.00 Amount Over Cradlt Limit $142.44 Statement Closing Date 05/2812011 Days In Biliing Cycle 31 " at P8 nt Information d» address ter the due data New Balance $2,252.44 Minimum Payment Due $592.30 Payment Due Rate 06/22/2011 Late Payment Warning: It ws, do not recelve your minimum payment by the date listed above, you may have to pay s tats, fee up to $35. htlnlmum Payment Warning: If you make only the minimum Payment each period, you wiN pay more In interest and it will take you longer to pay off your balance. For example: y if you Mwon no 9dodn9 You sn6 pay v(f ilia Attd you wAi .: oherpe using Mii? eaerr? !!steno i ifraam on;tfda `? end up P!y!? ;;end eastt'tnorrf?r yow Prt!! .; . Mat?ma!M in etbottt... eaUmat?d fatal dg-' Only the minimum payment 11 years $4,901 $90 3 yeah $3,234 (SOV*VS= $1,667) 11 you would Oka infontation about MM counseNrg eervicea..01-877-337-8186 Your Sears Choice Rewards Summary Previous Reward Points Balance 0 Reward Points Earned This Period 0 Adjustments to Reward Points 0 Rmvsm Points Redeemed TNs Period 0 Ending Reward Points Balance 0 Tran *Wona Trans Date Post Oats Description Amount Fees 05/22/11 06/22!11 LATE FEE 35.00 TOTAL FEES FOR THIS PERIOD 33.00 Interest Charged 06/28/11 05/28/11 INTEREST CHARGE ON PURCHASES 47.13 INTEREST CHARGE ON CASH ADVANCES 0.00 TOTAL INTEREST FOR THIS PERIOD 47.13 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION This Accanrt Is Issued by CWbenk (South Dakotsl fQ A I Pion detedr We PWUM end Mull Win ru r pmpwtt to Insure proper cm& Relein upper portion for your mcords. Sears MasterCard' Account Number. 1492 m Pan l"nard Date Payms,nt mart New Balance Dub Dus Amount Enclosed S2;2,44 06/22/11 3592.30 ? 0000000 EX IT 11148 1 TXS503 FVO 001 7 N iIllllilllllllll'1lillirblrlrriilrflullll'II'111I'llrJill Jill Is Makectw0payableto DALE W WALBORN SEARS CREDIT CARDS PO BOX 217 PO BOX 163082 SUMMEROALE PA 17093-0217 COLUMBUS, OH 43218-3082 '11'I'Iflrlllirl'IIllillluylfll'IIIIIII'lIII'IIIIIyrI111r1'Iil Please make address charges on reverse side. 100 1442 0225244 0054230 0000000 1718 EXHIBIT Information About Youw Account. How to Avoid Paying Interest on Rwchases. Your payment due date is at least 25 days after the close of each billing cycle. We Wit 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 t he 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 (d available on your account) on the transaction date. tf 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 belarce7 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 prorndim in billing cycles in which payments are allocated to deferred interest balances first, the deferred interest balance will be reduceed before any other balance on the account. However, you will continue to excluded prommational balm in fullong l by he pyou pay the ayment duce date eachebless il ng 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. d either is the case, the promotional offer will describe what happens. Now We Calculate Your Balance subject to Interest Rate. We use a dairy balance method Onclu" 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. Balance Transfers. Balance transfer amounts are included in the "Purchases" line in the Summary of Account Activity tit balance transfers are available on your accent). Transaction Date. The Transaction Date shown on the statement is also the Sale Oate Credit Reporting Otsput s. 0 you think we reported inaccurate information to a credit bureauwri a us at "Write to us at" address shown on the front Report a Lost or Stolen Cud Immediately. Call the "Cab us at" number shown on the front. What To Do If You TMnk You Find a Mistake on Your statement d 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: Your name and account number. o man : e dollar amount of the suspected error. of robican: tl ynu 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 rift You may call us, but t 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 corect 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, it 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 Itktnts It You Are Dissatisfied With You 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 tight 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 hale been more than $50. (Note: Neither of these are necessary if your purdk75e was based on an advertisement we mailed to you, or if we own the comparej that sold Cu goods or services) 2. You must have used your credit card for the purchase Purchases made with ash 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 st ill dissatisfied with the purchase, contact us in wrili at the address shown on the front where it says "White to us at" White we investigate, the same rules apply to the disputed amount as discussed above. After we tiMsh our invesiNation. we will tell you our decision At that point, if we think you owe an mount and you do not pay we may report you as delinquent. Importe t Payment Instr ucthont Crenttlnq Payments. If won"" War payment in proper fan at our credited as of that day. A payment received therein {roper form after that time will be credited as ol Credit ac by 5 p m. local time there, it anti be the next day. 41W 5 to i days for payments by regular mail to reach us There may be a delay of up to 5 days in aedBinq a payment hie 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 career or express mail is the Express Payments Address ft" below. Proper farm. For a payment sent by mall or comer 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 yaw check or money order. SMC/T61/SCC/SCP/HIPs 01111 OiEM6057 -1- 02/25/2011 If you send an eligible clock with this payment coupon, you authorize us to complete your payment by electronic debtt. 0 we do, the checking account will be dMed In the amount on the check. We may do this as soon as tin day we receive the check Also, the check will be destroyed. Copy Fee. We charge $3 for each copy of a bilhng 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. =Pa Options other Than Regular Mall. Onprue Payments. Visit www.SmsCard.com and sign up for online payments Enrollment may take a few days. It we receive your request to make an online payment by 5 pm. Eastem time. we will credit your payment as of that day. It we receive your request to make an online payment after that time, we vdll credit your payment as of the next day. For security reasons, you maybe 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 p rent by phone. you will be charged $14.95 9 a representative of ours helps expedite your payment tall by 5 pm. Eastern time to have your payment credited as of that day it you call after that time, your payment will be credited as of the next day. We may process your payment electronically after we verity your identity. Express Payments. You can send payment by courier or express mail to the Express Payrnei is Address This address is Payments Department 1500 Boftonfield Street Columbus. ON 43228. Payment must be received In proper form at the proper address by 5 pin, 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. New Address If your address has changed, please print any changes below. Name: Street Address: City, State, Zip: Phone: SMCITMISCUSUMPs OVi Sears MasterCard® manage your account and Call us at' -WO_609-8498 y your bill at www.searscard DALE W WALBORN Write to us at pp Bo co 6 x 282 S Account Number XXXx ?? XXXX 1 P , m loux Fells, SD 57117-oM 492 age 2 of 2 ° Pa Mont Due Date 06/22/207 i 2011 Totals year_t,_Date Total fees Cha r ad in 2011 Total Interest Charged in 2011 $130.08 Interest Char a Calculation $212.86 Your annual Percentage Rate APR is the ann TYPO of Balance ual interest rate on our account. Annual Percenta PURCHASES ge Rate (APR) Balance Subject t o Regular CASH ADVANCES Interest Rate 25 Interest Charge Regular .2498 (d Nv) $2,198.61 (v) .7 Variable Rate (co = Daily (m) = Monthly 27.15% (d)() $0.00 $47.13 ?---? _ $0.00 Verification 1, MMdd L. Koch , 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 unworn falsification to authorities. Signature yam``` C-55212 Dale W Walborn Account number ending 1492 1032 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SH RIFF'S OFFICE OF CU ERLAND COUNTY N6001 % r g: 42 2012 J& 30 kfO OFFICE OF F1# $"ERIFF 4 IS -f ? Citibank, NA VS. Dale W. Walborn Case Numb 2012-4414 SHERIFF'S RETURN OF SERVICE 07/19/2012 03:55 PM - Dennis Fry, Deputy Sheriff, who being duly swom according to law, states that on July 19, 2012 at 1555 hours, he served a true copy of the within Complaint and Notice, upon the hin named defendant, to wit: Date W. Walbom, by making known unto himself personally, at 302= Street, Summendale, Cumberland County, Pennsylvania 17093 its contents and at the same time handing to personally the said true and correct copy of the same. SHERIFF COST: $44.00 July 23, 2012 SO ANSWERS, /0 A? (c) CountySuite Shenff, Teleosoff, Inc, CITIBANK, N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff v. DALE W WALBORN 302 2"d Street, Apt 217 Summerdale PA 17093-0217 Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA _~ h..~ NO. 12-4414 CIVIL TERM ~ ~ ~ r7; ~a'~ r-°- -~= ~~ ~ --~ c~ ~~; CIVIL ACTION -LAW Zq ~ ~-'~ D~ N Off; 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 $2,252.44 $2,262.44 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. JUDGMENT BY DEFAULT ENTERED AND D AG S D AS AB~VE. NOTICE VEN A.R.CI~.P,fA236 WR°', Pro onotary Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire Attorney for Plaintiff I.D. N0.209422 1060 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C-55212 ~ 221 aM~ ~ICQ .5o~d a f -~~ 0`1 YsOI ~ ~ t CIT[BANK, N.A. IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 12-4414 CIV[L TERM DALE W WAL8ORN Defendant ;CIVIL ACTION -LAW TO: Dale W Walborn 302 Second Street Apt. 217 Summerdale PA 1 7093-02 1 7 DATE OF NOTICE: August 14, 2012 IMPORTANT NOTICE C-55212 / 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 lavryer, 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 [NFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 7 ] 7-249-3 I b6 or 800-990-9108 .~ In making this communication, we advise our office is a debt collector. Burton Neil & Associates, P.C. By: Trento .Farmer; Esquire Attorney for Plaintiff Identification No. 209422 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire ID. NO. 209422 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK, N.A. Plaintiff v. DALE W WALBORN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-4414 CIVIL, TERM 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 Prothono By: ~ Deputy If you have any questions concerning the above, please contact: Trenton A. Farmer, 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.