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HomeMy WebLinkAbout13-1787 Supreme Court of Pennsylvania Court of Common Pleas Civil Cover Sheet CUMBERLAND County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings and other papers required by law or rules of the court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking S E Lead Plaintiffs Name: Lead Defendant's Name: C CITIBANK, N.A. SHAWN M STITT T I �, Dollar Amount Re ted: ® within arbitration limits O Any money damages requested • a Yes ❑ No Q ues N (check one) ❑ outside arbitration limits A Is this a Class Action Suit? ❑ Yes a No Is this an MDJAppeal? ❑ Yes a No Name of Plaintiff/Appellant's Attorney: Brit J. Suttell. Esquire ❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 1:1 Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Possession ® Debt Collection: Credit Card ❑ Board of Assessment El Motor Vehicle 11 Debt Collection: Other 11 Board of Elections S ❑ Nuisance ❑ Depart. of Transportation E ❑ Statutory C 1:3 Premises Liability ry Other T ❑ Product Liability (does not ❑ Employment Dispute: I include mass tort) Discrimination O ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board N ❑ Other: ❑ Other: B ❑ Other: MASS TORT ❑ Asbestos ❑ Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant • Toxic Waste ❑ Other: REAL PROPERTY MISCELLANEOUS ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin ❑ Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: • Other Professional: o �� T HE PR€ TAR' n APR ..5 W137 Y 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. IN THE COURT OF COMMON PLEAS 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. 1 SHAWN M STITT NO. 1 1312 Towstown Road Shippensburg PA 17257 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 fl Carlisle, PA 17013 Telephone No. 717 - 249 -3166 or 800 - 990 -9108 C -59967 / 304 C � � 2 a8$�sS 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 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. SHAWN M STITT 1312 Towstown Road Shippensburg PA 17257 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 Shawn M Stitt who resides at 1312 Towstown Road, Shippensburg, 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 credit card account (hereafter the Account) with account number ending in 7552. 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 $8,125.16 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 $8,125.16, and the costs of this action. V.eJD l cia s, P.C. Wein ein, Esquire Suttell, Esquire In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. C -59967 / 205 Cit PlatinUM Select Card C1 I SHAWN M STITT How to reach us Member Since 2009 Account number ending in: 7552 www.citicards.com Billing Period: 10/20/12-11/20/12 1-800-756 -4000 BOX 6500 SIOUX FALLS, SD 57117 Your account is past due.Please pay at least Minimum payment due: $8,125.16 the minimum payment due, which includes a New balance: $8,1255.16 past due amount of $1168.47 and an overlimit amount of $965.16. Payment due date: 12/16/12 Account Summary Previous balance $7,981.63 Late Payment Warning: If we do not receive your minimum payment by the Payments -$0.00 date listed above, you may have to pay a late fee of up to $35 and your APRs Credits -$0.00 may be increased up to the variable Penalty APR of 29.99 %. Purchases +$0.00 Minimum Payment Warning: If you make only the minimum payment each Cash advances +$0.00 period, you will pay more in interest and it will take you longer to pay off your Fees +$35.00 balance. For example: If you make no additional You will pay off the And you will end up Interest +$108.53 charges using this card balance shown on this paying an estimated New balance $8,125.16 and each month you pay... statement in about... total of... Only the minimum payment 1 month(s) $8,125 Credit Limit Credit limit $7,160 For information about credit counseling services, call 1 -877- 337-8188. Includes $3,200 cash advance limit 7552 0812516 0812516 0010000 1403 O Pay online www.citicards.com Minimum payment due $8,125.16 New balance $8,125.16 © Pay by phone 1 -800- 756 -4000 Payment due date 12/16/12 ® Pay by mail Use this coupon Amount enclosed: • Enclose a valid check or money order payable to CITI CARDS. No cash or foreign currency. • write the last four digits of your account number on your check. Account number ending in 7552 CITI CARDS Po Box 183113 SHAWN M STITT Columbus OH 43218 -3113 1312 TOWSTOWN RD SHIPPENSBURG PA 17257 EXHIBIT A www.citicards.com Page 2 of 3 SHAWN M STITT 1- 800-756 Account Summary Trans. Post Amount date date Description ...................... ............................ ... ................................... ................... .........I..................... . Fees charged Amount Date Description ..... .................. ......••--•---.._..-- ......._.............- ......... $35.00 11/20 LATE FEE - OCT PAYMENT PAST DUE Total fees charged In this billing period $35.00 Interest charged Amount Date Description ... 11/20 INTEREST CHARGED TO ADV PR- 01/10/11. $19.88 .......------ ....... ....... °-- •- --... .......--...... ............................... 11/20 INTEREST CHARGED TO STANDARD.. $25:05 .................................... ............................... ............... $63.60 11/20 INTEREST CHARGED TO PUR PR-01 /10/11. Total Interest charged In this billing period $108.53 2012 totals year-to -date Total fees charged in 2012 $260.66 ........i ............................................................... ...................... Total Interest charged in 2012 $401.19 I Interest charge calculation Days in billing cycle:32 Your Annual Percentage Rate (APR)is the . annual interest rate on your account_ . - .- . . Annual percentage Balance subject j Balance type rate (APR) to interest rate Interest charge i PURCHASES ............................ ............................. .. ...... . ....? ---------------------------- (v) Purch 2 (V) $952.95 (.. $25.05 ................ ............................. Purch Prior 01/10/11 11.99% (V) $6,049.98 (D) $63.60 i - •--•--•---•---• ....................... ........ .... ........... . . ..•. .................................................... ---•• ................. .........................• ` ADVANCES ... ......................................... ... ............................... Standard Adv 29.99% (V) $0.00 (D) $0.00 Adv Prior 01/10 /11 21.99% _ _ . $1,03 (D) $19.88 _.................. - .. Your Annual Percentage Rate (APR) is the annual interest rate on your account. APRs followed by (V) vary with the market based on the Prime Rate. Balances followed by (D) are determined by the daily balance method (including current transactions). Account Messages We are here to support our customers affected by Hurricane Sandy. Above all, we hope you and your family are safe. If you have been impacted by the storm and need assistance, please call us at the customer service number listed on this statement. We will work to help with your individual needs during this challenging time. 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. For customers who qualify for benefits for the same transaction under Citi Price Rewind, Internet Price Protection and Price Protection coverages, or any combination of those coverages, the Company will only pay under the coverage providing the highest benefit and no benefits will be due under the other coverages. Help is available! Please call the toll-free number shown above to learn about 8 pm, entral Times Please give us he opportunity t nityto assist your Please be sure to pay on time. If you submit your payment by mail, we suggest you mail it no later than 12/09/2012 to allow for enough time for regular mall to reach us. www.citicards.com Page 3 of 3 SHAWN M STITT 1-800-756 -4000 Credit Protector Your account protection eligibility has been cancelled on your account effective 10/19/2012. Verification I, K ATHY RIZOR , 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. Sign e C -59967 Shawn M Stitt Account number ending 7552 1000 a : 1 C': 20i3 JUL -8 PM 1: 45 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. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : NO. 13-1787-CIVIL SHAWN M STITT 1312 Orrstown Road, Shippensburg PA 17257-8805 Defendant : CIVIL ACTION-LAW Praecipe to Reinstate To the Prothonotary: Please reinstate the Complaint. Burton Neil & Associates, P.C. f/ Jj By: , / Brit J Suttell, Esg4e 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. C-59967 as ZP6i /4/ Ck-/CT/4 S??1:3 .20)4-7/ SHERIFF'S OFFICE OF CUMBERLAND COU m n RmmmVR Anderson "- T� --~ �r . .^E p,10TA�W8T��w Sheriff ' '' '^~ ^^` ` JodyS Smith 9nA �tD �� �� �; �q _ ' .. ^ �� Chief Deputy ��hardNJ�t�wa�� CUMAFRLA14D [� Ty Solicitor wF5 mmurpeSnsmpp PENNSYLVANIA Citibonk. N.A. vs. Case Number Shawn W1Stitt | 2013-1787 SHERIFF'S RETURN OF SERVICE 04/15/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made di| and inquiry for the within named Defendant towitShavvnN13tift. but vveounable bm locate the-Defendant/nthe Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Complaint&Notice according tolaw. 09/11C2013 The Sheriff of Franklin County, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Shawn M Stift, but was unable to locate the Defendant in his bailiwick. The Franklin County Sheriff therefore returns the within requested Complaint& Notice as "Not Served"ot1312Orrotown Road, Ghippensbuq]. PA172S7. SHERIFF COST: $37.46 SO ANSWERS, September 11. 2O13 RbNWRANDERSON, | (c)oountyuufte Sheriff,ammoft,mc FRANKLIN COUNTY SHERIFF'S OFFICE 157 Lincoln Way East Chief Deputy Chambersburg, PA. 17201-2233 Randy D. Stroble r - > X" Solicitor SHERIFF DANE M. ANTHONY Redding Law Offices Tel #(717)261-3877 Hearing Impaired (717) 264-8474 Fax: (717) 261-3882 September 9, 2013 To Civil Process Division Cumberland County Sheriffs Office One Courthouse Square Carlisle, PA 17013 Enclosed please find documents that were previously sent to us from your office in the matter of CITIBANK NA V SHAWN M STITT. The documents are being returned unserved because we never received a reinstatement from the Office of Prothonotary that I had requested from the attorney for the plaintiff Burton Neil and Associates. If you have any questions or concerns, please do not hesitate to contact me for further clarification. Sinc rely yours, cj--L.'z't dL� Richard D. McCarty Clerk II Office of Sheriff enc