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HomeMy WebLinkAbout12-5257 - _ _ ~~.y~-(1t' F'IC . ~~~ert~a~ro ~~7 ~~;~2 ~~f~ 23 ~M 8 0 ~ '~~~~~~L~ND COtI TY !~~~5`t~SYL.VgNtl~ Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. N0.204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK, N.A. IN THE COURT OF COMMON PLEAS 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. REBE A 1a_ 5a S7 ~VI CC J BIBLE NO. 1026 Ritner Highway Carlisle PA 170131758 Defendant CN1L 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 move or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA 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 C PROVIDE YOU WITH INFORMATION ABOUT HIItING 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 -~s ~ Q C-481 14 / 304 ~h~ ~ ~L ~a$OS~ ,.~#a ~ gag 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. IN THE COURT OF COMMON PLEAS 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. REBECCA J BIBLE 1026 Ritner Highway Carlisle PA 17013-1758 Defendant :CIVIL ACTION -LAW Complaint 1. Plaintiff is CITIBANK, N.A. with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Rebecca J Bible who resides 1026 Ritner Highway, Carlisle, 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 cazds. 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 9865. 5. Citibank (South Dakota), N.A. merged into Citibank, N.A. in or about July 201.1. 6. Accurate records of all debits and credits to the Account were maintained by plainti 7. Defendant was provided with monthly statements for the Account including the billi g statement attached hereto as Exhibit A (redacted to remove confidential information).1'he monthly statements accurately stated the previous balance and the debits and credits to the T Account for the prior billing period. 8. Defendant had for many months after receipt of a billing statement made payment o the Account or retained the statement without payment. I~ 9. Defendant retained the Exhibit A statement without making payment by the stated ue 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. 1 1. As a result of said assent, an account stated for the sum of $1,587.] 1 exists which sum reflects the Exhibit A statement balance less credits, if any, which were applied subseque to the date of Exhibit A. Wherefore, plaintiff demands judgment against defendant for the sum of $1,587.11, an the costs of this action. B rto '1 ssociates, P.C. B~!Tr ton A. F er, Esquire iBy: Brit J. Suttell, Esquire In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. C-48114 / 205 _ _ Sears Mat call us ac,-aoo-ea9-else ~ s erCard Manage your account and pay your btN at www.sgrscardcom Write to us at PO Box 6282 Sioux FsNs, SD 57117-6262 REBECCA) BIBLE ' Account Number. 9865 P maM Due Date Page 1 of 2 12/12/2010 it Summa of Account Activi p mortt Information w add: a ror oy uw ~aym«x a,. dale Previous Balance S1,547.15 NeY1 Beience $1,615.76 Payments 50.00 Minimum Payment Due 5672.18 Other Credits 50.00 payment Due Date 12/12/2010 Purchases 50.00 Late Payment Warning: Cash Advances 50.00 fl we do not receive your minimum payment by the date listed above, FNS Charged + j35.00 .you may have to pay a late fee up to 535.00. Interest Ch ed ? j33.61 Min6num Psymelrt Warning: New Balance 51,615.76 If you make onl the minimum y payment each period, you will pay more Past Due Amount 5350.81 in interest and it will take you longer to pay off your balance. For example: Crest Limit 51,360.00 N ylit}. make :no :addit+onel Yap wif: pay o4f the: And you:will Available Credit Sp,pp 'cheryels usJrty thjs:Cmtd balenae si7a,iKn 4rl ihiti: End G~: psyirt9' an; Cash Advance omit 550.00 and eaoh month you:pey:-• statamsnt:in about :estimated total Hof:,. Available Cash Limk 50.00 Only the minimum payment 14 years ,560 Amount Over Credit Limit 5235.76 Statement Cbsing Date 11/15/2010 'j64 3years ;2,320 Days in BiNing Cyde 31 Savi ( ngs= 51,240) you woo at ormatwn v rt coon mg services, ca 1 X77-337-$188 Your3aars Choice Rewarde Summary Previous Reward Points Balance 0 Reward Points Eamad This Period 0 Adjustments to Reward Pants p Reward Points Redeemed Ttus Period 0 Ending Reward Points Balance p T?a nsaetions Tnns Data Post Date Desc?Iptlon Amount Fees 11/12/10 11/12/10 LATE PAYMENT FEE 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged 11/13/10 11/15/10 Interest Charge on Purchases 33.61 Interest Charge on Cash Advances p.pp TOTAL INTEREST FOR THIS PER~D 33.61 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ThlsAacount k Isswd try Citibank (South Dakogi, N.A. Please detach fhN podbn and plum wMh your payment to breure proper aedN. RataM~ upper poAbn hx your rsonrds. Sears MasterCard Account Number. 19865 Payment Minimum New Balance D1N Date Payelent Due Amount F_ncloaed 51,615.76 1211 v10 5672.15 OOOODOU EX 09 10319 t 7X5503 FVG 007 7 N Pllihuillililllilggill'lilh"IIN'II1111'll"liUllllllnll Make checkpayabkto REBECCA J BIBLE SEARS CREOR CARDS 1026 RRNER HWY PO BOX 183082 CARLISLE PA 17013-1758 COLUMBUS, OH 43218-3082 ilnn'll'IIII111111~1~lldllullllll`~'{lll~ulJill111'Ilultll Please make address changes on reverse side. 19865 0161576 OOb72113 0000000 0918 ~ ~ Nrlbrstlatlon Atraut ifour Aaouat. You must contact us wkM 60 days after the errs appealed on your statement How to Amid Peybtq latered oe PYrclreees. Yap' payment due date is at You must notdy us of arty potential errors in wrd rr You may pN us, but i( least 25 days after the dose d each bNlinq cycle. We wit not large you any You do we are ant required to investigate arty potenrol errors and you may Merest an purdases if you Dal' Yar Mew BaWrrce by the payment due date have to pay the amount h queston. each month This is calved a graa pergd on purchaus B you do not pay the yyhj~ ~ irwestgate whether a rat there has been an ernx. the faibwinq ~ New Balance in tuR bV the payrnrd due date, you wAI not get a gran period ore an Dundreses uMM you pay tlk Mevr Bala~e in h11 for two biNinq cycles in a row Mk YrBt begh chargNl!q interest at cffih advances and balance transfers • We cannot try to cokct the amount h question or report you as defirpuent flf available on your attourtU on the transadton date. ngtuestion may remah on your statement. and we may ~ ff you lave a talana sulked to a deterred itterest promotion and tlwt continue to largqee you interest ar toot amount. But if we determine that promotion does ~ ~ Defore ~ DaM~ ~ date' ~ t4llar~e (the we made a mistake. you wNl ant have to pay the amount in question or any elokrded praRrotionel beferrce'~ t3 QICIIdld frpn the anarait you must pay h interest or other fees related to that amourd. hrN b get a grace period. IiosRVe[ you must sH pay ~ separately ?eqt 'red . MthiM YW ~ ~ have to pay the amount in question, you are responside p ~ ~ elodlyded t h ~ n whkh payments are fa the remainder of your balance. allocated b deferred Mtertst bakrnces first. deferred Nrterest tafance w(w be • YYe c~ aPDN arrf unpaid amormt against your credit limit reduced belae any otter bsl~nce on the aomrrn[ Fbwel~er. you wi•catdnue to get a 9~ t ~ l so Wn9 ~ You Pay the New Balance less any Ybur Rights M You An DlssatlsMd With Ypur GedR Card Purchases excirded prorratbral belarxes ~ cart bf the payment due date each dig cycle. d you are dissatisfied with the goods a services that you have purchased In addkion. cdrain promatiornd offers may takeaway the grace period on wMh you credit card, and you have tried h good faith to correct the problem purdrases. Oliver' promotional offers not described above may also mow you wRh the merchant. you may have tf>e right not to pay the remafninq amount to have aqr~! period on purdlases widnut to pay al a a poribn of due on the purdnase. the prorratlonal balance M the payment due date. )f etcher is the case. the To use tHs right ale of tt+e foBovnnq must be true: promotes ~ wAat 1. The purchase must have been made h your home state a within 100 miles fbw We WerNte YbYr Belarra Sufsjact to Nrtenst iRatw We use a daily of your accent rnain9 address. and the purchase price must have been balance method (N~dudirq current trarKacMora) to calculate Merest diarges. more than 550. (Notr. Neither of these are necessary If your purchase was To find out more inbrtla abord the bdance axrputation method and baud a~ ,r advertiserrnernt wemailed to you, or d we own the company how the resorting interest charges were determined contact us at the 'CaU that sold you the goods a services.) us at" number on the front. 2. You must have used your aedk card fa the purchase. Purchases made laber+est Charged. The Merest Charged on Purchases stawn an the front wdh cash advatxes from ~ ATM a with a deck that accesses your credt includes the interest dargqe~dd on all purchases and balance transfers pt card account do rat quaify. baiaznce transfers are avafiade on your accamt). 3. You must not yet have fully paid fa the purchase. Ttansaetial Data. The Transactbn Date shown on the statement b also ttce tl all of the criteria above are met and you are stNl d'asatisfred with the Sale Gate. purdnase, contact us h writ at the address shown on the front where H Fig To avoid payhq this fee, notify us that you are dosing your ~ "tYrde to us at" a~ 30 days d the maibrng a deNvery date of the statement on While we investigate, the same odes apply to the disputed amount as which the fee is tniNed discussed above. After we finish our iwestigation, we wfM teN you our d ybrr Aaaad Ice Subject Tb TM Penalty APR, lbw tmrq WIR The decision. At that point. R we think You owe an amount and You do not pay we Papally APR ApIyT The Pafnelty APR wlN apply tmtil you make 12 may report you as deBrquent conseadive minimpn payments an time and do not qo over your credit funk ~porWk Payment bnstructbns. or make a payment that is n!hrmed a do arty of these tMrngs on another ~qpg Peymeds. If we rerRive your payment h proper tam a ow aaolert drat Y~ lave ~ ~ ~9 ~ ~ frerbd The Penalty' APR may processirnq facllity dy 5 pm. brat time there it wiN De aedted as of thnt day. end sooner h accordance with your card agreement, a if required by A payment received ttnere in proper farm otter that fine wiN be credited as of aPP the next day. Abw 5 io 7 days fa payments by regtrlar coact b reach us. There Cndt Repartieq pbpules. If you think we reported inaccurate klformation may be a delay of up to 5 days h credfti~q a payment we receive that is rat in to a credit breeau write us at "tyrite b us at" address siawn on the front. Proper tam a is not sent to the correct address. The correct address for Report a frost ar Staleu Card lreraerrably. Call the "CaB us at" number reQ<Aar mad fs the ad~ess on the front of the pant coupon. A payment shown ~ the front made h•stae a rat sent to the correct address. The correct address for cosier a express maN is the Express Payments Address shown below. WArt To fb R You T1Wnk Yeu fbrd a Mldake an Yaur Stetemmt Proper farm. fa a payment sent by maN or courier to be h proper form. If you thick there fs an ems on your statement, write to its at the address you must: shown on the frail where it says "Mfiite b us at." In yow letter, give tB the foNowilq hfamatbn: ' fncbse a valid check a money order. No cash, gift cards. a foreign currency please. Your name and account rprrrtber. • Mrclude your nave and attount number on the front of your check a ar amaert of the suspected error money order. o if you ttpnlt there )s an errs on your biM, describe SMC/TGI/SCC/SC%NIPS 10110 t you a rs wrong and why you beieve )t is a mistake. 01EG605T • 1.08/30/Z010 H you sent M efgble cMack wRb tfeb Peryaraat eoupoa. you autborite ua to aorrrpN6e yewr tuyrrraNt by eMdronfe dM#. M we ao, tlra ebacilnq ecearrrt erMl tw debRel M the elerourd gal tM dnedr. Ma may do thls as srooa as tM dq rw rrroeiMe ttr etreck Also, floe dredr srRl be destroyed. rt~anths a nare~lMe ad the tee to t~haaiep~~ balen~. t~i~iv~e the tee it your ragtsest fa the Dopy cables to a error a d'spufed purdrase. ~ 0ltwr Than RagtAar Mall. New Address t#aNrre PayNrerrb. tpsit wwxSears~ t;ardcam and sqn up for acne payments. ErnrnMmerd may take a few days M we receive you request to make an odine If your address has changed, please print any changes below. payment by 5 pm. Eastern tiale, we NIN credit your payment es of that day. If we receive your request b male an anHne payment after that time. we wfil Name: aedft yarn payment as of the crest day. fa securNy reasons, you maybe Iprade to pay your entire New Balance with your first onMre payment. Pay by Pbowe Setvkw Ybu may use this service any tirrne to make a by phone. lbu wiN be dar'ged St4.95 H a nepresentalive of ours Street Address: ~e>q>~te your payment Coq cry 5 pm. Eastern time to have your payment credited as of that day. N you call after float time, your payment will City, State, Zip: De credited as of the nest day We may process yax payment electronicafiy after we verBy your identBY• tx~ress Payanrtts. You can send payment by courier a express nnaU to the Phone: Express Payments Address. Tfnis address rs; Payments Department 1500 8oltorrfield Street Coianbrrs, ON 43228. Payment must be received h open }arm at the proper address by 5 p.m. t:astetn time to be credited as of U~at day. AB payments recetwd in proper form at the proper address after that time wiN be aedhed as of the next day SMC/TGt/SCC/SCP/NIPS 10/t0 Sears MasterCard® cart us at ~-~oo-e~-8+~8 Manage your account and Pay Your bih at www.aeanoardcorn Write to us at PO Box 82tl2 Sbuz FsNs, SD 57117-8262 REBECCA) BIBLE Account Number. XXXX XXXX XXXX 8865 P meNt Due Oete Page 2 of 2 III 0 12/12/2010 2010 Ttrtaie Yss?-to-Date Total Fees Cha ed in 2010 3292.34 Totai lnterost Charged in 2010 5289.48 IMeraat Cha Calculation Your Annual Parunta Rabe APR is the erutual interest rate on our account. Annual Percentage Balanu Subject to Type of Batanee Rats (APR) Intenet Rats Interest Charge PURCHASES Regular 25.24% (cli(v) 51,567.82 333.67 CASH ADVANCES Regular 27.15% (d)(v) 30.00 30.00 (v) =Variable Rate (d) ¦ Daily (m) =Monthly _ _ ~ ; Verification ~I MN~ki L. Koch ~ I, , am employed by Citibank, N.A. (hereafter Citibank), whi h 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. n Signature C-48114 Rebecca J Bible Account number ending 9865 1032 C-48114 /314 'mot'' f r`tOND1At,, 2013 JUL —8 Ph 1: I C UtiTsE ;L A NQ C9 PE.NNSYLVA Pf 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. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 12-5257 CIVIL REBECCA J BIBLE Defendant : CIVIL ACTION - LAW Praecipe to Discontinue To the Prothonotary: Kindly discontinue the above-captioned action without prejudice. Burton Neil &As • =s P.C. By: —//MIII■ ren r•n A er, Esquire Attorney for 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.