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HomeMy WebLinkAbout12-4647'L F D-OFFICE - HE i- i?OTNONOTARY 2JI12 iUL 25 M 11: 25 CUMBERLAND 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 Attorney for Plaintiff CITIBANK, N.A. 701 East 60th Street N Sioux Falls, SD 571 17 Plaintiff V. HELEN M CARDENE 3614 Beech Run Lane Mechanicsburg PA 17050-2208 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 9.q tJy1 bi\ 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. C-57852 / 304 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 Ct l b3.7.S pdKy CMG K I.??1o?!/04 ? a?vy?3 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 V. HELEN M CARDENE 3614 Beech Run Lane Mechanicsburg PA 17050-2208 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 Helen M Carden who resides 3614 Beech Run Lane, 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 Sunoco, Inc. credit card account (hereafter the Account) with account number ending in 6306. 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 Plaintiff 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 $1,624.34 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 $1,624.34, and the costs of this action. B o 1 Associates, P.C. ;.D ek C. B rsker, Esquire By y: Brit J. Suttell, Esquire In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. C-57852 / 205 Account Statement Send Naricool Billing Errors and Cuatorner Service Inquiries kr Customer Service: Suvoco, INC. sunoco.accountonline.com PO BOX 6407, SIOUX FALLS, SO 57117-6407 SUKDCD ® Account Inquiries: 1-SM988-1206 =`A6count Number 6306` ??: . Summa of Account Activity Previous Balance $1,555.86 Payments -$0.00 Other Credits -$0.00 Purchases +$0.00 Cash Advances +30.00 Fees Char ed +$35.00 Interest Charged +$33.48 New Balance Past Due Amount $1,624.34 $499.49 Credit Limit 0.00 Available Credit 0.00 Cash Advance Limit 0.00 Available Cash Limit 0.00 Statement Closing Date 03/1812012 Next Statement Closing Date 04/1712012 Days in Billie Cycle 31 Payment Information New Balance $1,624.34 Minimum Payment Due $584.22 Payment Due Date April 14, 2012 Late Payment Warning: It we do not receive your minimum payment by the data 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 would Ike Information about credit counseling services. call 1-877-337-8188. If you make ". atidltionai You wdl'pay oft ttw- ; And you wtif charges using this said: balartceshtrivnon this: end up paying'an •;; andeach month you pay. 'statement imabout- estimated totaf:of.?: Only the minimum payment 14 years $3.381 $65 3 years $2,325 (Savings=$1,056) Please see the enclosed privacy notice for important information. TR.4NSAC77ONS Trans Date Description Reference # Invoice # Amount FEES 03!14 LATE FEE 5 35.00 TOTAL FEES FOR THIS PERIOD 35.00 6 SU 11 ------------------------------------------------------------------------------------------------------------------------------ NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 of 0 This Account Is issued by Citibank, N.A. ? Please detach this portion and return with your payment to incurs proper credit. retain upper portion for your records. 'tr ' Make Checks Payable to: a SUNOCO, INC. "Y^'Si eitenu`nt Number?? Payment Due Date New Balance Past Due Amount Minimum Payment Due Amount Enclosed •:r. APRIL 14, 2012 $1,14.34 $499.49 $584,22 $ SAVE STAMPS, TIME... AND TREES! Visit Account Papers Olestatements andiM Online Sill Pay, 6306 0162434 0058422 0007288 ZZZ 000 8 SUNOCO, INC. PO 80X689155 HELEN M CARDENE DES MOINES IA 50368-9155 3614 BEECH RUN t.N MECHANiCSBURG, PA 17050-2208 EXHIBIT A Print address changes above in due 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 tilling 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 (if available on your account) on the transaction date. If you have a balance subject to a deferred interest or 0% APR 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 promotional balance. 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. For each balance, the letter following the Annual Percentage Rate in the Interest Charge Calculation section on the front of the statement indicates the method we use to calculate interest charges, For Methods D and M. we use a daily balance method (including current transactions) to calculate interest charges. To find out mare information about the balance computation method that applies to your account and how the resulting interest charges were determined, contact us at the Account Enquiries number on the front. Rates. Variable APRs will vary with the market based on the Prime Rate. Minimum Interest Charge. If you are charged interest, the charge will be no less than $2. Membership Fee. To avoid paying this fee, notify us that you are closing your account within 30 days of the mailing or delivery sate of the statement on which the fee is billed. It Your Account Is Subject To The Penalty APR How Long Will The Penalty APR Apply? The Penalty APR will apply Indefinitely. We will reduce the Penalty APR if you make 12 consecutive minimum payments on time and do not go over your credit limit or make a payment that is returned or do any of these things on another account that you have with us during that time period. The Penalty APR may end sooner in accordance with your card agreement, or if required by applicable law. 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 N You Fi»d A Mfstialte 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. Doflaramount. The dollar amount of the suspected erroc • Description of problem., If you think there is an error on your fill, describe what you believe is wrong and why you believe it is a mistake. You must contact us: Within 50 days after the error appeared on your statement. At least 3 business days before an automated payment is scheduled, it 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 It you do we are not required to investigate any potential errors and you may have to pay the amount in question. What Will Happen Af er 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 we received your letter. We will also tell you if we have already corrected the 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 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. 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. After we finish our investigation, one of two things will happen: if we made a mistake. You will not have to pay the amount in question or any interest or other fees related to that amount. • if we do not believe there was a mistake. You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as delinquent, and we must let those organizations know when the matter has been settled between U5. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. Your Rights N 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 9 your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) Z 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. It all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the address for billing inquiries and correspondence shown on the front of your statement. Oil Consumer d Oil PL Hybrid 12/D 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. 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 fs 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 tc 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 tront 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 M 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. 7016614366-e0t0-0OO4E-34-x-02rotrso-69-0po-P-0.-7-0-0 OU3111 1SNaB-February ill, 2012-0 N- Copy Fee. We charge $5 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 trilling error or disputed purchase. Payment Options Other Than Regular Mara. 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 Servlce. 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 pm. 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 2of6 Account: `*" '"'" *':: 6306 _TRANSACTIONS (cont.) Trans Date Description Reference 0 Invoice 0 Amount INTEREST CHARGED 03118 INTEREST CHARGE ON PURCHASES s 'ra AR TOTAL INTEREST FOR THIS PERIOD r 2012 Tatats Year=tii=Date .. Z., . Total Fees Charged in 2012 $105.00 Total Interest Charged in 2012 $94.12 33.48 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Ty °otl3atance ,:;? ?r ;. ., k3 r,r •.,;Annual.Percentage Rato tAPR},. , r'-Balance Stibloct to Interest Rate _.;: . °tnteresE:Ctieigq;. PURCHASES REGULAR 24.99% M V $637.66 $13.54 REGULAR ON OR BEFORE 06/19/10 24.9996 M $939.91 $19.94 CASH ADVANCES REGULAR 29.9596 (MXV) $0.00 $0.00 CV) . Variable Rate Page 3 of 6 Account: '--" "" .... 6306 Page 4 of 6 REV. 0712011 WHAT DOES CITIBANK DO WITH YOUR PERSONAL INFORMATION? -Fin----a-- ncia---l- c--o----- ---c- h--oose------how------- s-----e------person- ---------ti-o--n--Fee_------. mpanies they har your al informa. deral law gives consumers the right to limit some but not all sharing. Federal law also requires us to tell you how we collect, share, and protect your personal information. Please read this notice carefully to understand what we do; _........_........_............_...,.............._.........................................................._.....-.........._...._....... The types of personal information we collect and share depend on the product ----------------------------------------------------------------------------- ..................................... _........................................... All financial companies need to share customers' personal information to run their everyday business. In the section below, we list the reasons financial companies can share their customers' personal information; the reasons Citibank: chooses to share;. and whether you can limit this sharing,... ¦ Social Security number and income ¦ account balances and employment information or _..........._.. service ......_.. you ...._......_ have ............................... with us. This ........._.._............... information ..._..... can include: ¦ credit history and transaction history For our everyday business purposes- such as to process your transactions, maintain your Yes No ' account(s), respond to court orders and legal investigations, or report to credit bureaus ----------------------------------- ---------------- ---- For our marketing purposes -- ------------------ --------- ------------ to offer our products and services to you : - - ----- ---- Yes No ._.... -- - - ----- --- ----- ----- ----- - For joint marketing with other financial .---.-.-..------- - -- Yes ! No companies For our affiliates' everyday business purposes Yes No information about your transactions and I experiences - -- ------------- -- - ------------- -- -- - - - - -- - - - ; ----- : For our affiliates' eve ry d a y busines s ------------ ------ --------------- purposes - Yes Yes information about your creditworthiness ----------.----- For our affiliates to market to you ----------- -- -- ; -..... Yes ........... - ................... Yes ...----------------------------.; For our nonaHillates to market to you --------------------------------------------- ---- Yes -------------------- Yes --------------- .-------------------------------------------------------------------- Call 1-877-491-6609 - our menu will prompt you through your choice(s). Please note: f you are a newcustomer, we can begin sharing your information 30 days from the date we sent this notice. When you are no longer our customer, we continue to share your information as described in this notice. However, you can contact us any time to limit our sharing. -------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------- R n Call 1-877-491-6609 or call the Customer Service number on the back of - your credit card or on your billing statement. Page 5 of 6 WV19W 04P juvWwu.y 4.4- rwtlce? _ - - - - Citibank, N.A., the bank that issues your credit card. How does Citibank ; To protect your personal information from unauthorized access and use, protect my personal we use security measures to comply with federal law. These measures Information? include computer safeguards and secured files and buildings. How does Citibank collect my personal Information? I -------------------- Why can't I limit all sharing? We collect your personal information, for example, when you ¦ provide account information or give us your contact information ¦ provide employment information or apply for a loan ¦ use your credit or debit card we also collect your personal information from others, such as credit bureaus, affiliates, or other companies. - ----- ----------------------------------------------- - ------- ----------------------- ------------------------------------------ Federal law gives you the right to limit only ¦ sharing for affiliates' everyday business purposes -information about your creditworthiness ¦ affiliates from using your information to market to you ¦ sharing for nonaffiliates to market to you. - State laws and individual companies may give you additional rights to i limit sharing. See below for more on your rights under state law_--- --------------------- ------- -'------------- ------------------------------ Affiliates ; Companies related by common ownership or control. They can be financial and nonfinancial companies. ¦ Our affiliates include companies with a Citi name, financial companies such as CitiMdrtgage, Inc., Citi Global Markets, Inc. and Banamex USA. f-------- - -..-------. ------ ---.----'------_--•----------------------•-----------------._---.-------------------- Nonaffillates Companies not related by common ownership or control. They can be financial and nonfinancial companies. ¦ Nonafliates we share with can include companies engaged in direct marketing and the selling of consumer products and services. Joint marketing A formal agreement between nonaffiliated financial companies that together market financial products and services to you. ------------------------------ ------------------------------------------- -------------------- For Vermont Residents: We will not share information we collect about you with nonaffiliated third parties, except as permitted by Vermont law, such as to process your transactions or to maintain your account. In addition, we will not share information about your creditworthiness with our affiliates except with your authorization. For California Residents: We will not share information we collect about you with nonaffiliated third parties, except as permitted by California law, such as to process your transactions or to maintain your account. ------- ----------------------------- We may share your personal information, as permitted by law, with the retailer whose name is on your card and with the companies related to the retailer. You cannot limit this sharing. Important Information about Credit Reportina e m ay report information about your account to credit bureaus. Late payments, missed payments or FW? other defaults on your account may be reflected in your credit report. Page 6 of 6 Verification I, VIM 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 unsworn falsification to authorities. Signature C-57852 Helen M Cardene Account number ending 6306 1006 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor t H 6'R1 THIOlYrz I,' ?012 AUG -7 AM 9= 02 CUMB£RLANU COUN 1 't' PENNSYLVANIA ?4??»lP n l L IUh?Pj?(? OFFJCE CF THE SHERIFF Citibank NA vs. Helen M. Cardene Case Numb) 2012-4647 SHERIFF'S RETURN OF SERVICE 07/31/2012 06:40 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on July 31, 2012 at 1840 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Helen M. Cardene, by making known unto herself personally, at 3614 Beech Run La Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing t her personally the said true and correct copy of the same. RYAN BURGETT, SHERIFF COST: $38.00 August 03, 2012 SO ANSWERS, ??= CS R ANDERSON, SHERIFF +,c) County$uite Shentf, I eleosoR, Inc.