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HomeMy WebLinkAbout14-2080 Sig rune Court of Pennsylvania ' Q Y ..For Prothorcotar,)! llse Clnly,. ., M `:. Court of Common Pleas Docket N „o.. 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 thefiling and service ofpleadings and other papers req uired 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. NANCYYVETTE Y STEWART T I O Any money damages requested ?: ® Yes ❑ No Dollar Amount Requested: ® within arbitration limits N (check one) ❑ outside arbitration limits A Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes ® No Name of Plaintiff/Appellant's Attorney: Yale D. Weinstein, Esquire ❑ Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place and "X to the left oI tic ONE �case`category that �iiosxaccurateIy describes yiur I'RIMARX CA$E.Af you are making more than one type o£cla m, check the one that , ' conslderm'ostpprtaut ` u c�a TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies El Malicious Possession ® Debt Collection: Credit Card ❑ Board of Assessment S ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections E ❑ Nuisance ❑ Depart. of Transportation C ❑ Premises Liability ❑ Statutory Appeal: 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: r I APR -- Fri 1 : 3 F' - kND COUNTY MD� i"SYLvtaNIiN 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 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. L NANCYYVETTE Y STEWART NO. K v 75 Hummel Avenue Lemoyne PA 17043 -1945 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 Telephone No. 717 - 249 -3166 or 800 - 990 -9108 � \ d� .,�� � A C -58772 / 304 BURTON NEIL & ASSOCIATES, P.C. Yale D. Weinstein, Esquire, Id. No. 89678 Edward J. O'Brien, Esquire, Id. No. 32985 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. NANCYYVETTE Y STEWART 75 Hummel Avenue Lemoyne PA 17043 -1945 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 Nancyyvette Y Stewart who resides at 75 Hummel Avenue, Lemoyne, 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. by means of a Sears credit card account (hereafter the Account) with account number ending in 1244. 5. Accurate records of all debits and credits to the Account were maintained by plaintiff. 6. 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. 7. Defendant had for many months after receipt of a billing statement made payment on the Account or retained the statement without payment. 8. Defendant retained the Exhibit A statement without making payment by the stated due date. 9. 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. 10. As a result of said assent, an account stated for the sum of $2,771.76 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 $2,771.76, and the costs of this action. Burton leilssociates, P.C. Y: Y e D einstein q Y: E uire w d en, Esquire This is an attempt to collect a debt, and any information fined will be used for that purpose. This communication is from a debt collector. C -58772 / 205 Account Statement Send Notice of Billing Errors and Customer Service Inquiries to: sea rs Custom Service: SEARS CREDIT CARDS - SearSCard.COm PO Box 8283, Sioux Falls, SD 57117 -6283 Sears card' ....:..:....:.................... ........ ...................... 0 Account Inquiries: :::;._::.:::.: . 1 -800- 917 -7700 AdOq nt,;Nurnbe�s:.* 1244 Summary of Account Activity Payment Information Previous Balance $2,680.50 New Balance $2,771.76 Payments -$0.00 Minimum Payment Due $477.56 Other Credits -$0.00 Payment Due Date July 12, 2012 Purchases +$0.00 Cash Advances +$0.00 Late Payment Warning: If we do not receive your minimum payment by the Fees Char ed +$35.00 date listed above, you may have to pay a late fee up to $35. Interest Charged +$56.26 Minimum Payment Warning: If you make only the minimum payment each New Balance $2,771,76 period, you will pay more in interest and it will take you longer to pay off your balance. For example: Past Due Amount $358.30 �f.y4g t ake: i5a ai tlpt a al;:: ' ' ouwifl "pad! :f the. ` . And .... ip .; chat es using thrs Pd:: balance shov✓n zlrl this op. Up, paytng an :an l3abhnmontfi'yqu: pay of:_;:. Credit Limit $0.00 Only the minimum payment 13 years $6,442 Available Credit $0.00 $111 3 years $3,980 Amount Over Credit Limit $431.76 (Savings = $2,462) Statement Closing Date 06/15/2012 It you would like information about credit counseling services, call 1- 877 -337 -8188. Next Statement Closing Date 07/16/2012 Days in Billing Cycle 30 Your account is seriously past due. Amount past due is shown above. Arrangements for future payments should be made immediately. TRANSACT IONS Trans Date Description Reference # Amount FEES 06/12 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD $ 35.00 INTEREST CHARGED 06/15 INTEREST CHARGE ON PURCHASES S 56.26 TOTAL INTEREST FOR THIS PERIOD $ 56.26 If you missed our call, we may still be able to help you bring your account current. When we call you about your account, we're calling with suggestions to help bring your account up to date. We may have payment programs you did not know about that can help you avoid future late fees. Please call us today at 1- 866-518 -9049. We'll be happy to help you find a solution that works for you. 8 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 of 4 This Account is Issued by Citibank, N.A. ------------------------------------------------------------------------------------------------------------------------ - - - - -- _� 4' Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records. 4' Sears Card® tPast Due Amount is included in the Minimum Payment Due. i;. Yo:r gccofri t! Ni}itier :;? Payment Due Date New Balance Past Due Amountt Minimum Payment Due Amount Enclosed 1244' ?: JULY 12, 2012 $2,771.76 $358.30 $477.56 $ SAVE STAMPS TIME... AND TREES! Visit Account Online and register now for Online Bill Pay, � Paperless Statements and More. 1244 0277176 0047756 0005176 091 000 7 Make Checks Payable to: SEARS CREDIT CARDS PO BOX 183081 NANCYYVETTE Y STEWART COLUMBUS, OH 43218 -3081 75 HUMMEL AVE LEMOYNE, PA 17043 -1945 EXHIBIT A Print address changes above in blue or black ink. Information About Your Account. What Will Happen After We Receive Your Letter How to Avoid Paying Interest on Purchases. Your payment due date is at least When we receive your letter, we must do two things. 25 days after the close of each billing cycle. We will not charge you any interest on 1. Within 30 days of receiving your letter, we must tell you that we received purchases if you pay your New Balance by the payment due date each month. This your letter. We will also tell you if we have already corrected the error is called a grace period on purchases. If you do not pay the New Balance in full by 2. Within 90 days of receiving your letter, we must either correct the error or the payment due date, you will not get a grace period on purchases until you pay explain to you why we believe the bill is correct. the New Balance in full for two billing cycles in a row. We will begin charging interest on cash advances and balance transfers (if available on your account) on While we investigate whether or not there has been an error: the transaction date. • We cannot try to collect the amount in question, or report you as delinquent on If you have a balance subject to a deferred interest promotion and that promotion that amount does not expire before the payment due date, that balance (the "excluded The charge in question may remain on your statement, and we may promotional balance ") is excluded from the amount you must pay in full to get a continue to charge you interest on that amount. grace period. However, you must still pay any separately required payment on the While you do not have to pay the amount in question, you are responsible excluded promotion. In billing cycles in which payments are allocated to deferred for the remainder of your balance interest balances first, the deferred interest balance will be reduced before any We can apply any unpaid amount against your credit limit other balance on the account However, you will continue to get a grace period on After we finish our investigation, one of two things will happen: purchases so long as you pay the New Balance less any excluded promotional If we made a mistake: You will not have to pay the amount in question or any balances in full by the payment due date each billing cycle. interest or other fees related to that amount In addition, certain promotion al offers may take away the grace period on if we do not believe There was a mistake: You will have to pay tiie amount purchases. Other promotional offers not described above may also allow you to in question, along with applicable interest and fees. We will send you a have a grace period on purchases without having to pay all or a portion of the statement of the amount you owe and the date payment is due. We may then promotional balance by the payment due date. If either is the case, the report you as delinquent if you do not pay the amount we think you owe. promotional offer will describe what happens. If ou receive our explanation but still believe your bill is wrong, How We Calculate Your Balance Subject to interest Rate. We use a daily Y you must write to bl Y us within 10 days telling us that you still refuse to pay. If you do so, we cannot balance method (including current transactions) to calculate interest charges. To report you as delinquent without also reporting that you are questioning your bill. Find out more information about the balance computation method and how the We must tell you the name of anyone to whom we reported you as delinquent, and resulting interest charges were determined, contact us at the Account Inquiries we must let those organizations know when the matter has been settled between number on the front us. Balance Transfers. Balance transfer amounts are included in the "Purchases" line If we do not follow all of the rules above, you do not have to pay the first $50 of in the Summary of Account Activity (if balance transfers are available on your the amount you question even if your bill is correct. account). Transaction Date. The Transaction Date shown on the statement is also the Sale Your Rights If You Are Dissatisfied With Your Credit Card Purchases Date. If you are dissatisfied with the goods or services that you have purchased with Credit Reporting Disputes. If you think we reported inaccurate information to a Your credit card, and you have tried in good faith to correct the problem with the credit bureau write us at the Customer Service address shown on the front. merchant, you may have the right not to pay the remaining amount due on the Report a Lost or Stolen Card Immediately. Call the Account Inquiries number purchase. shown on the front 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 What To Do if You Find A Mistake On Your Statement miles of your current mailing address, and the purchase price must have If you think there is an error on your statement, write to us at the address for been more than $50. (Note: Neither of these are necessary if your billing inquiries and correspondence shown on the front of your statement purchase was based on an advertisement we mailed to you, or if we own In your letter, give us the following information: the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with Account information: Your name and account number. cash advances from an ATM or with a check that accesses your credit card • Dollar amount The dollar amount of the suspected error. account do not qualify. Description of problem. If you think there is an error on your bill, 3. You must not yet have fully paid for the purchase describe what you believe is wrong and why you believe it is a mistake. If all of the criteria above are met and you are still dissatisfied with the purchase, You must contact us: contact us in writing at the address for billing inquiries and correspondence shown • Within 60 days after the error appeared on your statement. on the front of your statement. At least 3 business days before an automated payment is scheduled, if you want While we investigate, the same rules apply to the disputed amount as discussed to stop payment on the amount you think is wrong. above. After we finish our investigation, we will tell you our decision. At that point, You must notify us of an potential errors in writing You may call us, but if you do if we think you awe an amount and you do not pay, we may report you as we are not required to investigate any potential errors and you may have to pay delinquent the amount in question. EM SMC TUSU -SU -HIPS 12PI T01679-9351- 5000 - 0022- 9-E�X- 12/01/10- 47– P -0--4- 402- 0- 0-- 02/15/i2 -PDAB -May i6, 2012-0-V N— Important Payment Instructions. Payment Options Other Than Regular Mail. Right to Prepay Your Account. You may pay all or part of your account balance In-Store Payments (Where Available). Any payment in proper form at any time. However, you must pay, by the payment due date, at least the accepted in -store will be credited as of that day. However, credit minimum payment due. availability may be subject to verification of funds. Not all stores accept Crediting Payments If we receive your payment in proper form at our processing payments. Contact your local store to see if in-store payments are facility by 5 p -m. local time there, it will be credited as of that day. A payment accepted at that location. received there in proper form after that time will be credited as of the next day. Online Payments Visit the web address on the front and sign up for Allow 5 to 7 days for payments by regular mail to reach us. There may be a delay online payments Enrollment may take a few days. If we receive your of up to 5 days in crediting a payment we receive that is not in proper form or is request to make an online payment by 5 p.m. Eastern time, we will credit not sent to the correct address. The correct address for regular marl is the address your payment as of that day. If we receive your request to make an online on the front of the payment coupon. The correct address for courier or express payment after that time, we will credit your payment as of the next day. mail is the Express Payments Address shown below. For security reasons, you may be unable to pay your entire New Balance with your first online payment Proper Form. For a payment sent by mail or courier to be in proper form, you must Pay by Phone Service. You may use this service any time to make a Enclose a valid check or money order. No cash, gift cards, or foreign payment by phone. You will be charged $14.95 if a representative of ours currency please. helps expedite your payment Call by 5 p.m. Eastern time to have your Include your name and account number on the front of your check or money payment credted as of that day. If you call after that time, your payment order. will be credited as of the next day. We may process your payment If you send an eligible check with this payment coupon, you authorize us to electronically after we verify your identify. complete your payment by electronic debit. If we do, the checking account will Express Payments You can send payment by courier or express mail to be debited in the amount on the check. we may do this as soon as the day we the Express Payments Address. This address is Payments Department, receive the check. Also, the check will be destroyed 1500 Boltonfield Street, Columbus, OH 43228. Payment must be received a $3 for each co of a billing statement that dates back 3 in proper form at the proper address by 5 pm. Eastern time to be credited Copy Fee. We charge copy 9 as of that day. All payments received in proper form at the proper address months or more. We add the fee to the regular purchase balance. We waive the fee after that time will be credited as of the next day. if your request for the copy relates to a billing error or disputed purchase_ Page 2 of 4 Account: * ** * * ** * * ** 1244 ............... ::2812`7ot - tq., Date:, Total Fees Charged in 2012 $175.00 Total Interest Charged in 2012 $362.02 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. T `nnttal °..ereenta p!.Rate.: APR.;:;:' Balance5utiect- tba;ritere t[: i';;_:'; r `A' Ra . 13e ast::Clar e'` PURCHASES REGULAR 25.24% D 2712.22 $56.26 = Variable Rate D = Dai Page 3 of 4 Account: * * ** ***' 1244 Page 4 of 4 Verification Jessica Carnie am employed by Citibank, N.A. I am authorized to make this verification on behalf of Citibank, N.A. 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. V Date: V[ -1 Signature C -58772 Nancyyvette Y Stewart Account number ending 1244 1031 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY f ED- OFFICE 0, o, n�� °,Arrrr OF THE P ROTHOHC TAli 2004 PR 11 PH 2: 22 ,Fi EPTi:.r,r- CUMBERLAND COUNT? PENNSYLVANIA Citibank, N.A. vs. Nancyyvette Stewart Case Number 2014 -2080 SHERIFF'S RETURN OF SERVICE 04/08/2014 06:10 PM - Deputy Ryan Burgett, 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: Nancyyvette Stewart at 75 Hummel Ave, Lemoyne Borough, Lemoyne, PA 17043. SHERIFF COST: $46.08 April 09, 2014 Cou ^: ,Suite Sheri", T el eascft.. nc. SO ANSWERS, RON2-R ANDERSON, SHERIFF CITIBANK, N.A. : IN THE COURT OF COMMON PLEAS 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. NANCYYVETTE Y STEWART 75 Hummel Avenue Lemoyne PA 17043-1945 Defendant To the Prothonotary: : NO. 14-2080 CIVIL : CIVIL ACTION - LAW Praecipe for Default Judgment C-58772 / 221 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: Less Credits: TOTAL $2,771.76 $50.00 $2,721.76 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 ENTERE , B . :�j; ssociates, P.C. AND DAV. GESSSE AS AS ABOV NOTICE GIVEN E .R.CIVPL 36 Pro Prothonotary n Neil -ein, Esquire ttorney for Plaintiff .D. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 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. t y• CITIBANK, N.A. Plaintiff v. NANCYYVETTE Y STEWART Defendant TO: Nancyyvette Y Stewart 75 Hummel Avenue Lemoyne PA 17043-1945 DATE OF NOTICE: May 21, 2014 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 14-2080 CIVIL : CIVIL ACTION - LAW IMPORTANT NOTICE C-58772 /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 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 TK Burton Neil Associates, P.C. ce:t 1+#4t+ By: Yale/D. We ;-Esquire Attyrney for Plaintiff This is an attempt to collect a debt, and any information Id ratification No. 89678 obtained will be used for that purpose. This 1660 Andrew Drive, Suite 170 communication is from a debt collector. West Chester, PA 19380 (610) 696-2120 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. 14-2080 CIVIL NANCYYVETTE Y STEWART Defendant : CIVIL ACTION - LAW Rule of Civil Procedure NO. 236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered n -e against you on Prothon By: • Deputy " If you have any questions concerning the above, please contact: Yale D. Weinstein, Esquire Attorney for Party Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610-696-2120 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.