Loading...
HomeMy WebLinkAbout08-7176Burton Neil & Associates, P.C. By: Edward J. O'Brien, Esquire 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff i ID. NO. 2985 CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N Sioux Falls, SD 57117 V. ROBERT L WHITMER 117 Walnut Dale Road Shippensburg PA 17257-9693 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O8 - l X • r `'"'? " l CIVIL ACTION - LAW You have been sued in court. If you pages, you must take action within (,' entering a written appearance person defenses or objections to the claim st the case may proceed without you an without further notice for any money requested by the plaintiff. You may 1, YOU SHOULD TAKE THIS PAPI HAVE A LAWYER OR CANNOT OFFICE SET FORTH BELOW T( THIS OFFICE CAN PROVIDE Y, LAWYER. IF YOU CANNOT AFFORD TO PROVIDE YOU WITH INFORM LEGAL SERVICES TO ELIGIB LAWYER Telephone C-18333 Complaint - Notice sh to defend against the claims set forth in the following ) days after this complaint and notice are served, by ly or by attorney and filing in writing with the court your forth against you. You are warned that if you fail to do so, a judgment may be entered against you by the court laimed in the complaint or for any other claim or relief e money or property or other rights important to you. I TO YOUR LAWYER AT ONCE. IF YOU DO NOT ?FFORD ONE, GO TO OR TELEPHONE THE FIND OUT WHERE YOU CAN GET LEGAL HELP. U WITH INFORMATION ABOUT HIRING A ZE A LAWYER, THIS OFFICE MAY BE ABLE TO 'ION ABOUT AGENCIES THAT MAY OFFER PERSONS AT A REDUCED FEE OR NO FEE. NCE AND INFORMATION SERVICE erland County Bar Assoc. South Bedford Street Carlisle, PA 17013 717-249-3166 or 800-990-9108 Burton Neil & Associates, P.C. By: Edward J. O'Brien, Esquire ID.1 0.32985 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 V. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. O - 7 I '7? ?utc.( T ROBERT L WHITMER 117 Walnut Dale Road Shippensburg PA 17257-9693 CIVIL ACTION - LAW 1. Plaintiff is CITIBANK Complaint I DAKOTA), N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Robert L Cumberland County, Pennsylvania. 3. Plaintiff is a national baa business including consumer lending 4. Plaintiff furnished consun , who resides at 117 Walnut Dale Rd, Shippensburg, association, engaged in various types of banking the issuance of credit cards. credit to the defendant by means of a(n) Sears credit card with account number ending in 9305 )hereinafter referred to as the credit card account. 5. Plaintiff kept accurate 6. Plaintiff mailed to def: records of all debits and credits to the account. monthly statements for the account including the billing statement attached hereto as Exhibit r The monthly statements accurately stated the previous balance, the debits and credits to the count 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 $5,020.01 which sum reflects the Exhibit A statement balance less credits, if any, which were applied subsequent to Wherefore, plaintiff demands the costs of this action. date of Exhibit A. against defendant for the sum of $5,020.01, and Burto Nei18?l?sociates, P.C. By: Edward J. O'Brien, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. Sears Gold MasterCard® call us at 1-800-669-8488 Go to www.seemcard.com Write to us at PO Box 6282 Sioux Fells, SD 57117-6282 ROBERT L WHIT Payment Due Date Account Number: 9305 Page 1 of 2 09/10/08 Your Account Summary ur Sears Choice Rewards Summary Billing Cycle Closing Date 08/13/08 1 r vious Reward Points Balance 5,000 ward Points Earned This Period 0 Amount Over Credit Line A $570.01 1 0 Reward Points Amount Past Due $931.96 ward Points s This Period 0 Redeemed ward Current Minimum Due $203.53 ding Reward Points Balance o Total Minimum Due $1,705.50 n't Forget! Your Sears Gold MasterCard card is accepted Previous Balance $4,867.48 t millions of locations. You can earn points on your Payments & Credits $0.00 I ible purchases everywhere MasterCard credit cards Purchases & Debits $0.00 r accepted. Other Charges $39.00 FINANCE CHARGES $113.53 Account Balance $5,020.01 Your Credit Summa Total Credit Line $4,450.00 Available Credit Line $0.00 Cash Access Line $890.00 Available Cash $0.00 Sale Date Post Date 08/12/08 08/12108 LATE PAYMENT YOUR LATE FEE WAS BASED ON AN ACCOUNT BA BALANCE ON THE LATE FEE TRANSACTION DATE. YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT DUE IS SHOWN ABOVE. ARRANGEMENTS FOR FUTU PAYMENTS SHOULD BE MADE IMMEDIATELY. Please follow payment Instructions on I p.m. local time Sears Gold "terCard* Account Number: 305 Payment Total Account Balance Due Date Minimum 1 $5,020.01 09110/08 0116111 EX 09 A 06226 1 TX5503 FVG 001 T N 1111111111111111111111111111111111111gill 1gill Mill III1111111 ROBERT L WHITMER 117 WALNUT DALE RD SHIPPENSBURG PA 17257-9693 Please make address corrections above. Amount OF $4,867.48, WHICH WAS YOUR ACCOUNT side. Payment must be received by 5:00 ment Due Date. ($ Amount Enclosed l" IIIII IIIIIIIIII III IIIII III IIII III Ill 111111111111111111111111 Make check payable to SEARS CREDIT CARDS PO BOX 183082 COLUMBUS, OH 43218-3082 100 5121079743369305 0500001 0170550 0000000 0917 39.00 I I EXHIBIT_-J? Sears Gold Master lard® Call us at 1-800-669-8488 Go to www.soamicard.com Write to us at PO Box 6282 Sioux Falls, SD 57117-6282 ROBERT L WHITMER Payment Due Date Account Number: XXXX XXXX IXXXX 9305 Page 2 of 2 09/10/08 116111 Rates Rate va,ias SEARS REGULAR EXTERNAL REGULAR CASH ACCESS REGULAR Days in Billing Period: 29 Average Corresponding Periodic Rate Periodic Daily ANNUAL D-Day FINANCE Balance Balance PERCENTAGE RATE M=Month CHARGE $283.19 $243.91 28.99%' .0795%(D)' $5.62 $3,764.02 $3,719.4 28.99%' .0795%(D)' $85.75 $972.80 $961.2 28.99%' .0795%(D)' $22.16 Effective ANNUAL PERCEN GE RATE: 28.99% Minimum FINANCE CHARGE: $0.00 Cardmember News The Sale Date is the Transaction Date. Information About You Account Grace Period for Purchases: The grace period for purchases is at least 20 days. Therefore, to avoid periodic finance charges on purchases !excluding alliance transfers) that appear on this account statement, you must have paia the Account Balance on the last statement. !ess any No InterestNo Finance Charge or Deferred Interest balances that expire after the payment due date, by the payment due date on that statement and also pay the Account Balance on this statement, less any No Interest'No Finance Charge or Deferred Interest balances that expire after the payment due date, by this statement's payment due date If balance trarsfers are available and you made a balance transfer, you may be unable to avoid periodic finance charges on new purchases, as described in that balance transfer offer. Grace Period for Cash Access Of available): none. Balance Subject To Finance Charge: We calculate periodic finance charges separately for each balance subject to different terms (e.g.. regular Sears purchases, regular External purchases, Old Balances, cash access transactions, and transactions subject to promotional rates), as applicable to your account. However, the periodic finance charges for each transaction subject to a No InteresVNo Finance Charge or Deferred Interest offer will be calculated separately even it it has the same terms as another transaction subject to a No Interest'No Finance Charge or Deferred Interest offer. For periodic finance charge calculation purposes, Deferred Payments balances are treated lice regular Sears purchases unless otherwise specified in connection with a particular promotional offer. Charges may include, as applicable to you account, purchases, balance transfers, cash access transactkxu, transaction fees, other fees, and any minimum finance charge. • Average Daily Balance (Including New Transactions): For each balance, we multiply the daily balance by the applicable daily periodic rate. We do this for each day In the billing cycle inchd % the Billing Cycle Closing Date. The number of days in the billing cycle may vary. For each balance, we add up the periodic finance charges an that balance for each day in the billing cycle and round that amount to the nearest cent. The total periodic finance charge for the billing cycle equals the total of the rounded sums for all balances. To get the daily balance, we take the beginning balance for each balance every day, add any new charges and any periodic finance charge on the previous day's balance, subtract any credits or payments credited as of that day, and make other adjustments. This method of calculating the daily balance results in daily compounding adjustments. charges. A credit balance is treated as a balance of zero. For each balance, the Average Daily Balance Is the average of the daily balances during the billing cycle. If you multiply this figure for each balance by the number of days in the billing cycle and by the applicable dally periodic rate, the result is the periodic finance charges assessed for that balance, except for minor variations caused by rounding. Billing Rights Summary In Can Of Errors Or Dilatations About Your BRI: If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet at the address listed on this statement where it says "Write to us at" write us as soon as possible. We must hear from you no later than 60 days after we send you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In you letter please include the following information • Your name and account number. • The dollar amount of the suspected error. • Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure about. • Please sign your letter. You do not have to pay any amount in question while we are invest)ggating, but you are still obligated to pay the parts of your bill that are not in question. invest we Investigate your question, we cannot report you as delinquent on the disputed item or take any action to collect the amount you question. Spacial Rule for Credit Card Purchases If you have a problem with the quality of goods or services that you purchased with a credit card, and you have tried in good tafth to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or servkafs. You have this protection only when the purchase price is more than $50 and the purchase is made in your home state or within 100 miles of your mailing address. it we own or operate the merchant, or if we mailed you the advertisement for the property or services, all purchases are covered regardless of amount or location of purchase.) important Payment Instructions crediting Payments: Payment must 5e received in proper form at our processing f, Cility by 5:00 p.m. local time here to be credited as of that day. A payment received o the processing facility in proper form after that time will be credited as of the next id y. Please allow 5.7 days for payments by regular mail to reach us. There may be a d lay of up to 5 days in crediting a payment sent by mail if it is rot in the proper form o1 is addressed to a lora:ion, including a store location, other than the address listed 11 on the return envelope or on the front of the payment coupon, or. for courier or express rtiail payments, to the Express Payments Address set forth below. There may also be a dbilay or up to 5 days .n crediting a payment made in-store. Proper Form: For a payment sent by mail or courier to be in proper form, you must Enclose a valid check or money order. No cash, gift cards, or foreign currency please. •, Include your name and account number on the trot of your check or money order. d??..IIeeeriding an eligible check with the payment coupon authorizes us to complete the yment by electronic debit. If we do, the checking account will be debited in the mount on the check, as soon as the day we receve the check, and the check 11 be destroyed. opy Fee: On any matter unrelated to a billing error or disputed purchase, we charge 53.00 fee for each duplicate statement for a billing cycle that Is more than 3 moths for to your request. 'He add this tee to your regular Sears purchase balance. err Payment Options: Visit www.SearsCard.com and sign up for online payments. 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 aline payment attar that time, we will credit your payment on the next day Pay by Phone. You may make your payment by phone by using the Pay by Phone Service. lbw will be charged $14.95 to use this payment service. Cal by 5 p.m. Eastern time to have you payment credited as of that day. If you cal after that time, your payment will be credited as of the next day. We may process your payment electronically upon verification of your identity. Send payment by courier or express mail to the Express Payments address: Attention: Payments Department, 1500 Bofionfield Street, Columbus, OH 43228. Payment must be received in proper form at the proper address by 5 p.m. Eastern time in order 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 dax port b ab a Lost or by phone tol hour s a deny, 7 ddiallely. Our ays a weak. der Service Representatives are di Issued by Citibank (South Dakota), N.A. OICX6057 - 1 -.04116,08 Verification I, Inc., (USA) which is by contract the DAKOTA), N.A. retained to perforr verification as attorney-in-fact for Credit Services, Inc. (USA) and to are true and correct to the best of my statements made herein are subject t 1 unsworn falsification to the authoriti am an employee of Citicorp Credit Services, provider for plaintiff CITIBANK (SOUTH °s on its behalf. I am authorized to make this ;iff under powers of attorney from plaintiff to Citicorp The foregoing averments of fact in the within pleading owledae. information and belief. I understand that the penalties of 18 Pa. C.S. Section 4904, relating to I ?? 1:?1'4-" Signature C-18333 Robert L Whitmer Account number ending in 9305 1032 l r-- w ? v? r1i r-n CJ t31 SHERIFF'S RETURN - REGULAR CASE NO: 2008-07176 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK (SOUTH DAKOTA) NA VS WHITMER ROBERT L NOAH CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WHITMER ROBERT L DEFENDANT at 10 IVY LANE the at 0018:40 HOURS, on the 19th day of December , 2008 SHIPPENSBURG, PA 17257-9693 by handing to ROBERT L. WHITMER DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Additional Comments ADDRESS PROVIDED OF 117 WALNUT DALE ROAD SHIPPENSBURG IS THE DEFENDANT'S PARENTS ADDRESS. DEFENDANT'S ADDRESS IS NOTED ON RETURN. Sheriff's Costs: Docketing Service Affidavit Surcharge !/6;-Jq q L?_ 18.00 16.20 .00 10.00 .00 44.20 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 12/23/2008 BURTON NEIL & ASSOCIATES By: Deputy Sheriff of A. D. Burton Neil & Associates, P.C. By: Edward J. O'Brien, Esquire ID. NO. 32985 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. ROBERT L WHITMER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7176 civil term : CIVIL ACTION - LAW Praecipe to Settle, End, & Discontinue To the Prothonotary: Mark the above matter Settled, Ended and Discontinued. P.C. J. O'Brien, Esquire r for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-18333 LEJ, OF THIE P, l7FY.ntNTAPY 2009 APR 20 NI ! * 5 7 - iz 1 ...e L_! ._. ?I?) L t y