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Home My WebLink About06-2653BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610)696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. 701 East 60th Street North, Sioux Falls, SD Plaintiff v. HEIDI HAUPT DECK 329 Spring Lane, Enola PA 17025-1558 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~1~ - a~s3 l..(Ul~,~~~.h-~ 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 aze served, by entering a written appeazance personally or by attorney and filing in writing with the court your defenses or objections to the claim set forth against you. You aze 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 Baz Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 C-9475 I IINNI N NIIN IINI NIN INN ~I INI I IINNI III NIIII NII Nm IINI nIIN IINI II Ilmlll nm N NmN NNN n INIINI NII n nN BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire, I.D. No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. : IN THE COURT OF COMMON PLEAS 701 East 60th Street North, Sioux Falls, SD Plaintiff CUMBERLAND COUNTY, PENNSYLV~A-N-IAA v. NO. ~o ~l Ut (, 6 t~ HEIDI HAUPT DECK 329 Spring Lane, Enola PA 17025-1558 Defendant CIVIL ACTION -LAW Complaint 1. Plaintiff is CITIBANK (SOUTH DAKOTA) N.A., with place of business located at 701 East both Street North, Sioux Falls, South Dakota. 2. Defendant is Heidi Haupt Deck, who resides at 329 Spring Lane, Enola, 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. Plaintiff famished consumer credit to the defendant by means of a credit cazd with account number 5424180876298966 hereinafter referred to as the credit cazd account. 5. Plaintiff kept accurate running records of all debits and credits to the account. 6. Plaintiff mailed to defendant monthly statements for the account including the billing statement attached hereto as Exhibit A. The monthly statements accurately stated the previous balance, the debits and credits to the account for the prior billing period. 7. Before plaintiff mailed Exhibit A, defendant had for many months made payments on account of the billing statement or retained the statement without payment. 8. Defendant's actions as set forth above constituted an account stated between parties for the sum of $3,218.45 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 $3,218.45, and the costs of this action. BUR'T'ON & ASSOCIATES, P.C. By: Burton Neil, Esquire The law firm of Burton Neil & Associates, P.C. is a debt collector. c -~~~- 07/11/05 58688.15 51391.04 SITE:KC-CL TM:CO-5000 ACID:ROB0554 b.~i ~}cy~~~vSL. ~4.4'v:.i: v:'t .<v 04/04/06 22:44:04: {ITI CARDS PO BOX 183058 HEIDI NAUPT DECK COLUMBUS, OH 62 WOODMYRE LN 43218-3058 ENOLA PA 17025-1558000 Citi® Platinum Select® Card Aaoun Number 5424 1808 7629 8966 Customer Servk~ 1-800-950-5114 BOX 6500 SIOUX FALLS, SD 57117 06 Total Credit Line Arallable Creott Llne 58000 50 Statement/ Amount Ovar Cloaln Date Cramt Lina /13/2805 5688.15 + Clue Cash Aeva nce Limit Araltable Cash Limit New aaUnce 51700 SO 58688.15 S428st57 + e .32 = 11391. Stendara Pu rCh 6/13 LATE FEE - MAY PAYMENT PAST DUE 66 0000 6/13 OVER CREDIT LIMIT FEE 62 0000 6/13 PURCHASES~FINANCE CHARGE•PERIODIC RATE 84 0000 Your late fee was based on yyour account balance as of the payment due date (06/06/05), which was 58,383.83. Your account is seriously past due and your credit privileges have been suspended. Please call the toll-free number shown above to learn about our special Dayment options. Call Monday - Friday, 7 am - 9 pm, or Saturday, 8 am - 5 pm, Central Tt me. 39.00 0000000000 35.00 0000000000 230.32 0000000000 EXHIBIT Account Summary revious +) Balance &A ure eses dvances - eymen s &Credits + ew CHARGE Balance PURCHASES 58,383.83 574.00 0.00 5230.32 58,688.15 ADVANCES 50.00 SO.OO 0.00 50.00 50.00 TOTAL 58,383.83 574.00 0.00 5230.32 58,68Q.15 Da s Thfs 8111in Period: 33 Rata Summary a once u )ec o erio Ic omine ANNUAL Finance Charge Rate APR PERCENTAGE RATE Purch 58,494.98 0.08216%(D) 29.990% 29.990% Adv 50.00 0.08216%(D) 29.990% 29.990% Verification I, ~$ Metz am an employee of Citicorp Credit Services, Inc., (USA) which is by contract the service provider for plaintiff Citibank (South Dakota) N.A. retained to perform services including but not primarily limited to collecting delinquent debt. I am authorized to make this verification as attorney-in-fact for plaintiff under powers of attorney from plaintiff to Citicorp Credit Services, Inc. (USA) and to me. The foregoing averments of fact in the within pleading are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to the authorities. Date: ~~ (~~-(~ Signatu~ f ~ sJ~~G 2ni# C'2 ~ ~ ~ ~ ~,a, \^\ ~ -~ r;= ~ ~ •~, 7T ~ ~~- G /~~ ~ ~ ~~ ~. _.~ i ~~ ~ r_>~. c~ ^~ G7 ~V+ GS S+ ~ K SHERIFF'S RETURN - REGULAR CASE NO: 2006-02653 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS DECK HEIDI HAUPT KENNETH GOSSER'I' Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE DECK HEIDI HAUPT was served upon the DEFENDANT at 1933:00 HOURS, on the 18th day of May 2006 at 329 SPRING LANE ENOLA, PA 17025-1558 HEIDI DECK by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 ~~=~' Service 13.2 0 i~"~`~-~ .'~ Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 41.20 / 05/19/2006 BURTON NEIL ~•17.OG Sworn and Subscribed to before By: me this day of D pu y S ff A.D. Prothonotary Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Telephone: 610-696-2120 AttorneX for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. v. HEIDI HAUPT DECK Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2653 CNIL ACTION -LAW Praecipe for Entry of Judgment on Stipulation To the Prothonotary: Pursuant to the authority set forth in the attachment agreement between the plaintiff and defendant, enter judgment on behalf of the plaintiff, Citibank (South Dakota) N.A., and against the defendant, Heidi Haupt Deck and assess damages in the sum of $2,235.15, less credits of $120.00 for a total judgment of $2,115.15. Neil & A~soci~fes, P.C. By: YaJI' 1~`. Weinstein, Esquire A~toXheys for Plaintifl- M1-` And now, this j 1.~"~ day of , 00 `~` ,judgment is entered on behalf of the plaintiff, Citibank (South Dakota) N.A. and against the defendant, Heidi Haupt Deck, in the sum of $2,235.15 less credits of $120.00 for a total judgment of $2,115.15. Prothonotary of CU ERLAND County t~ ...... The law firm of Burton Neil & Associates is a debt collector. c a~~s BURTON NEIL & ASSOCIATES, P.C. BY: Yale D. Weinstein, Esquire Identification No. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 06-2653 HEIDI HAUPT DECK Defendant :CIVIL ACTION -LAW SETTLEMENT AGREEMENT WITH STIPULATION FOR ENTRY OF JUDGMENT This Settlement Agreement is made by and between Plaintiff Citibank (South Dakota), N.A. (hereinafter referred to as "Citibank") by and through its respective duly authorized and appointed agent and Defendant Heidi Haupt Deck (hereinafter referred to as "Deck"). WITNESSETH WHEREAS, Citibank filed a civil action against Deck, seeking to recover from her the total principal sum of $3,218.45, plus court costs in the amount of $96.70, for a total of $3,315.15 (hereafter the "balance") for failure to pay her credit card bearing account number 5424180876298966 which plaintiff issued to her; WHEREAS, Deck acknowledges her obligation to pay plaintiff the balance but is not able to pay the same in full immediately; and WHEREAS, the parties hereto desire to resolve the Litigation without further legal proceedings and in the manner set forth hereinafter; NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties hereto, expressly intending to be legally bound hereby, agree as follows: 1. It is agreed Deck shall be permitted to pay the balance as follows: monthly payments of $120.00 due by the 5"' of each month beginning on July 5, 2006. This arrangement will be reviewed every six months with the intentions of increasing the monthly payment. If Deck's financial circumstances do not permit such an increase upward, Deck will be responsible to continue to make the required monthly payment at that time. All payments are to be sent to Citibank's counsel, Burton Neil & Associates, P.C. at 1060 Andrew Drive, Suite 170, West Chester, PA 19380. 2. To secure Deck's payment, it is further understood and agreed that Citibank shall be permitted to enter judgment against Deck under this agreement for the sum of $3,315.15, less credits in the amount of $1,080.00, for a total judgment of $2,235.15. Interest will accrue at 6% per annum from the date of the judgment on the declining balance. 3. "Default" as defined herein shall mean any of the following: Deck's failure to make a required payment due hereunder by the due date or the dishonor of any check tendered under this agreement for any reason by any bank or other financial institution. 4. Deck shall have agrace /cure period of seven (7) days with respect to each payment from the date of notice as set forth below. In the. event of default as defined in Paragraph 3 above, and before Citibank may file execution, it shall first be required to give written notice of default and opportunity to cure said default by first class mail to Deck's attorney, Scott Stein, Esquire, at his address of record. The notice shall indicate that a default had taken place and give Deck a period of seven (7) days from the date of the notice to cure the default by making the required payment. If Deck does not cure the default by the end of the seven day cure period, Citibank shall thereafter be free to file execution on the judgment provided for under this Agreement, less credit for any payments made on account, and to employ any remedies available to it hereunder and at law to enforce and collect the judgment. 5. So long as Deck pays in accord with this Agreement, Citibank will not file execution on the judgment to be entered under this Agreement. 6. Upon receipt and clearance of the final installment of the balance due in accordance with the terms of this Agreement and provided Deck has not defaulted, Citibank will file a Praecipe to Satisfy Judgment and provide a copy to Deck's attorney. 7. This Settlement Agreement and Stipulation for Entry of Judgment is made under and is to be governed by the laws of the Commonwealth of Pennsylvania. 8. This Settlement Agreement is being made in three counterparts, each of which shall have the force and effect of an original. 9. For the purposes of this stipulation and due to the exigencies of time for its filing, a facsimile signature shall have the same force and effect as an original signature. IN WITNESS WHEREOF, INTENDING TO BE LEGALLY BOUND HEREBY, the parties hereto have entered into this Settlement Agreement on the date first appearing below. BURTO NEIL & A OCIATES, P.C. Dat ~~, By:_ Yale D nstein, Esquire Plaintiff 1060 drew Drive, Suite 170 West hester, PA 19380 (610) 696-2120 y3 ~~ Date NOTICE: In making this communication, we advise our office is a debt collector. 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 (SOUTH DAKOTA) N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff v. HEIDI HAUPT DECK 329 Spring Lane Enola PA 17025-1558 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2653 CIVIL ACTION -LAW Certification of Address Understanding that false statements herein are subject to penalty under 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, I verify that the above are the precise last-known addresses of the judgment creditor and debtor. eil & A~ssgEiat~s, P.C. Yale D. einstein, Esquire Attorne for Plaintiff The law firm of Burton Neil & Associates is a debt collector. 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 (SOUTH DAKOTA) N.A. Plaintiff v. HEIDI HAUPT DECK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2653 CIVIL ACTION -LAW Affidavit of Non-Military Understanding that false statements herein are subject to penalty under 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, I verify that 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. Burton Nei Asso i s, P By: Yale . Wein qui Att ev for Plaintiff The law firm of Burton Neil & Associates is a debt collector. Ce~ `~ -+1 ~~ "~ O ~? ) _.. i~ T T v ~ i{~'} "r7 ,/ - f.~ _