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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
IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. I ^2 ,(
MARK S SITES NO. I a ~ ~Vt J~ v l~
6 Chelton Cir
Camp Hill PA 17011-8477
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 HIIZING 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-59199 / 304
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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
61.0-696-2120
Attorney for Plaintiff
CITIBANK, N.A.
701 East 60th Street N
Sioux Falls, SD 57117
Plaintiff
v.
MARK S SITES
6 Chelton Cir
Camp Hill PA 170118477
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CNIL ACTION -LAW
Complaint
Plaintiff is Citibank, N.A. with place of business located at 701 East 60th Street
North, Sioux Falls, South Dakota.
2. Defendant is Mark S Sites who resides at 6 Chelton Cir, Camp Hill, 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 9043.
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 $1,860.38 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 $1,860.38, and
the costs of this action.
Burton & ssociates, P.C.
B al D. Weinste n, Esquire
y: Brit J. Suttell, Esquire
In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector.
C-59199 / 205
Account Statement
.. t mg Errors and Customer Service h ui
' CUStOmer $erVlCe: SEARS CREDIT CARDS
- ..... 9.. rise to:
sears ~ PO Box 6283, Sioux Falls, SD 57117-6283
Sears Cards searscard.com
® Account Ingwnes: ' > ;
1-800.917-7700 Account fJtfrrtt~er: ~gp~3:
Credit Limit 0.00
Available Credit 0.00
Amount Over Credit Limit 0.00
Statement Closin Date 08/10/2012
Next Statement Closin Date 09/09/2012
Da s in Billin C cle 31
New Balance $1 860.38
Minimum Pa ment Due $425.73
Payment Due Date September 6, 2012
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 $35.
Minimum Payment Warning: If you make only the minimum payment each
period, you wiN pay more in interest and it will take you longer to pay off your
balance. For examde:
lf.you make nG;addttional 'i'ou wip pay offithe Arad YW w1.
charges us+ng:ihis card balance shown~n Phis erid;up-paytrxl an
aril each 11~rnth'you pay,:; statement 11`~~bout.. es$maiteti tota:~,ot,.. ,
- , ..:.
Only the minimum payment 17 years $4,i30g
$79 3 years $2,834
(Savings=$1, 974)
ff you would like information about credR counseling services, call 1-877-337-8188.
Your account is seriously past due. Amount past due is shown above. Arrangements for future payments should be made immediately
TRANSACTIONS
Trans Date Description Reference # Amount
FEES
08/06 LATE FEE $ ~ ~
TOTAL FEES FOR THIS PERIOD S 35.00
INTEREST CHARGED
08/10 INTEREST CHARGE ON PURCHASES S as ea
rOTAL INTEREST FOR THIS PERIOD $ 45.64
Need help finding solutions to your past due account?
We're here for you and we can help. Payment solutions may be available to help you bring your account current.
» Call 1-866-518-9054 today.
8SE5
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 of 4 This Account is Issued b Citibank, NA.
-----------------------------------------------------------------------------------------------------------
Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records. 't' '
Sears Card®
tPact hue Amnunt is 'n~t~:~ :.. n.,. u:..:......., n_
Yoer Account Number Payment Due Date New Balance Past Due Amountt Minimum Payment Due Amount Enclosed
:9043 SEPTEMBER 6, 2012 $1,860.38 $326.09 $425.73 $
SAVE STAMPS, TIME... AND TREES! Visit Account Ol~line and register note for Online Bill !'ay,
Paperless Statements ant! More.
9043 0186038 0042573 0009600 051 000 3
Make Checks Payable to:
SEARS CREDIT CARDS
PO BOX 183081
MARK S SITES COLUMBUS, OH 43218-3081
6 CHELTON CIR
^\
'~`
Prirrt address changes above in blue or blade ink.
CAMP HILL, PA 1 70 1 1-8477
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 ('rf 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 billmg 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 tong 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 ou to
have a grace period on purchases without having to pay all or a portion ofythe
promotional balance try the payment due date. If either is the case, the
promotional offer will describe wha# 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 Tr~isfers. 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 Stden Card Immediately. Call the Account Inquiries number
shown on the front.
What To Do !f You Find A Mistake On Your Statement
If you think there is an error on your statement, write to us at the address for
telling 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 ~s wrong and why you believe ~t 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 slop 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 errgrs and you may have to pay
the amount in question.
What WiU 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 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:
• !f 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 (here 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
us.
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 if You Are Dissatisfied With Your Credit Cartd 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, alf 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 if your
purchase was based on an advertisement we mailed to you, or if we own
the company that sold you the goods or services.)
2. 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.
If 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 stwwn
on the front of your statement.
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
EM SMC-TGI-SCC-SCP-WIPs O7J12
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 wiEl be credited as of that day. A payment
received there in proper form after that time wiN 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 corm, you must
• Enclose a valxl 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 eksctronic debit. M we do, the checkfnq accourrt will
be debited in the amount on the cF~eck. 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.
T02388-9351-b000-0004-9-E-90~D--OS/01/06-35-P-0-4-402-0-0--02/09!12-PAC%-July 10, 2012-o-0-V
N-
Paymerrt Options Other Than Regular Mail.
• In-Store Payments (Where Available?. Any payment in proper form accepted
in-store will be credited as of that day. However, credit availability may be
subject to verification of funds. Not all stores accept payments. Contact your
local store to see if in-store payments are accepted at that location
• Online Payments. Visi# 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.
• AutoPay Servlce. If you are enrolled in this service, your payment amount will
be deducted automatically each month on your due date from the bank account
you select.
• Pay by Phone Service. 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 paymenF. Call by 5 p.m. Eastern time to have your payment credited as of
that day. tf 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, 7500
Boltonfieid Street, Columbus, OH 43228. Payment must be received in proper
form at the proper address by 5 p.m. 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 2 of 4
Account: **** **** **** 9043
2Q12.Totals ~f~ir-~o-Date
Total Fees Charged in 2012 $130.00
Total Interest Charged in 2012 $208.73
INTEREST CHARGE CALCULATION
`>~ ui;llnCe; ~ Your Annual Percentage Rate (APR) is the annual interest rate on your account.
;4ttnualPeree~-tag+~fta><e~APR Ralartce!S[tble+rt-ta~lnteresti~~ite : Ihter~stCharge .._:
PURCHASES
REGULAR 29.74% D 1807.31 45.64
D =D '
Page 3 of 4
Account: ''*'`* **** **** 9043
Page4of4
Verification
I Wkki 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.
d
Signature
C-59199
Mark S Sites
Account number ending 9043
1031
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
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20tZt~OV -9 AM 8~ 36
CUMB~RLAkD Gi~UNTY
FENNSYLVA~t1A
Citibank NA
vs. Case Number
Mark S. Sites 2012-6639
SHERIFF'S RETURN OF SERVICE
11/07/2012 04:02 PM -Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint &
Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to
wit: Mark S. Sites at 6 Chelton Circle, Lower Allen Township, Camp Hill, PA 17011.
DEN S FRY, D
SHERIFF COST: $58.00
November 08, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
iCl ~aun;ySuite ~h~nif.. 7Mecs^.'t Ir„
w
is jr 11
i3 DEC —9 PHA J: 55
CUMBERLAND C UN1 •,,
PENNSYLVANIA
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. : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
v.
: NO. 12-6639 CIVIL
MARK S SITES
Defendant : CIVIL ACTION-LAW
Praecipe to Satisfy Judgment
To the Prothonotary:
Mark the judgment Satisfied .
Burton it & •r: o,iates, P.C.
By:
le D. einstein, Esquire
• ttorney for Plaintiff
This is an attempt to collect a debt, and any information obtain will be used for that purpose.
This communication is from a debt collector.
C-59199/ 318
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