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HomeMy WebLinkAbout09-5967 Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 203465 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. JACK E FREY 9145 Pineville Road, Shippensburg PA 17257-8733 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Oq - 54A 0,AY t Ter*+ : 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 C-25599 Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 203465 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. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JACK E FREY NO. © / - 7 sal?0 c%J 9145 Pineville Road, Shippensburg PA 17257-8733 Defendant CIVIL ACTION - LAW Complaint 1. Plaintiff is CITIBANK (SOUTH DAKOTA), N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Jack E Frey, who resides at 9145 Pineville 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. Plaintiff furnished consumer credit to the defendant by means of a(n) Sears credit card with account number ending in 5971 hereinafter referred to as the credit card 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 $6,613.48 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 $6,613.48, and the costs of this action. Burton Neil & Associates, P.C. By: Neil Sarker, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. A7? Your Account Summa Sears Gold MasterCard® JACK E FREY Account Number; 5971 Page 1 of 2 Billing Cycle Closing Date 04/08/09 Amount Over Credit Line $0.00 Amount Past Due $1,045.08 Current Minimum Due $251.73 Total Minimum Due $1,296.81 Previous Balance $6,428.75 Payments & Credits $0.00 Purchases & Debits $0.00 Other Charges $39.00 FINANCE CHARGES $145.73 Account Balance $6,613.48 Your Credit Summa Total Credit Line $14,400.00 Available Credit Line $0.00 Cash Access Line $2,900.00 Available Cash $0.00 Payment Due Date 05/06/09 Spring is about fresh starts. So let us help you take a new look at bringing your account current. This spring is a good time to take care of your past due amount and make a new beginning on your account. And the good news Is, you don't have to do it alone. We're here to help with payment programs and solutions for you to consider. We'll listen to your concerns and suggest ways you can make a clean sweep. Let us work with you-and together we can find a payment solution that may help you bring your account current and avoid left fees. Activity Sale Date Post Date Description Amount 04/06/09 04/06/09 LATE PAYMENT FEE YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $6,428.75, WHICH WAS YOUR ACCOUNT BALANCE ON THE LATE FEE TRANSACTION DATE. YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST DUE IS SHOWN ABOVE. ARRANGEMENTS FOR FUTURE PAYMENTS SHOULD BE MADE IMMEDIATELY. Please follow payment instructions on reverse side. Payment must be received by 5:00 p.m. local time on Payment Due Date. -10 Gold rd Sears Account Number: 59 5971 Payment Total Account Balance Due Date Minimum Due Amount Enclosed $6,613.48 C05/O6/09 L $1,296.81 0105236 ED 05 0 09098 1 7X8503 FVB 001 7 N Illlllllillllll?llllllll lull ll 111 111 ll llllllllll lull ll l11 I1? IIIIIIIII IIIIIIIIIIIIIIIIIIIIIIII111'illllll l1IIIII IIIIIIII111 Make check payable to 39.00 JACK E FREY SEARS CREDIT CARDS 9145 PINEVILLE RD PO BOX 183082 SHIPPENSBURG PA 17257-8733 COLUMBUS, OH 43218-3082 EXHIBIT` Please make address corrections above. 100 5121071849945971 0661348 0129681 0000000 0517 Call us at 1-800-869-8486 Go to www.seameard.com Write to us at PO Box 6282 Sioux Fells, SD 57117-6282 Information About Your Account Grace Period on Purchases. You can avoid periodic finance charges on purchases, but not on balance transfers and cash access transactions (if available on your account). This is called a grace period on purchases. You can get a grace period of at least 20 days. To do so, pay the following amountby the due date every billing cycle: • the Account Balance, less • any Deferred Interest balances that expire after the due date. If you do riot you will not get a grace period unless you pay the above amount by the due date for two billing cycles in a row. In addition, certain promotional offers may take away the grace period on purchases. Other promotional offers, in addition lo Deferred Interest offers, may also allow you to have a grace period on purchases without having to pay all or a portion of the promotional balance by the due date. If either is the case, the promotional offerwill describe what happens. Balance Subject to Finance Charge. We use an average daily balance method (including new transactions) to calculate periodic finance charges. We do this separately for each balance. These balances include, for example, regular Sears purchases, balance transfers, other regular External purchases, Old Balances, cash access transactions and different promotional balances, as applicable to your account (When we calculate periodic finance charges, we treat each Deferred Interest transaction separately even if it has the same terms as another Deferred Interest transaction.) We figure the periodic finance charge by multiplying the daily balance by its dairy periodic rate. We do this for each day in the billing cycle. To get a balance, we start with the balance as of the end of the previous d e add any periodic finance charge on the previous day's balance. (This results in dally compounding of finance charges.) We add any new charges. We then subtract any new credits or payments and make other adjustments. 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 fia each balance by its daily periodic rate and by the number of days in the billing cycle, the result is the total periodic finance charge on that balance. Rounding may cause a small difference. Sale Data The Sale Date shown on the Account Statement is also the Transaction Date. Billing Rights Summary In Case of Errors or Questions About Your Bill. If you think your bill is wrong, or if you need more information about a transaction on your bill, write us 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 your letter, give us 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 ttre item you are unsure about. Please sgnyour letter. You do not have to pay any amount in question while we are investigating. But yyou are still obligated to pay the parts of your bill that are notinquestion.WMleweimes ate your quesbon,we cannot report you as delinquent on the disputed item or take any action to collect the amount ou uestion Y q Report a Lost or Stolen Card Immediately. You may call Customer purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. You have this protection only when the purchase price is more than $50 and the purchase is made in your home state orwithin 100 miles of your mailing address. (If 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 ocation of purchase.) Important Payment Instructions Crediting Payments. We must receive your payment in proper form at our processing facility by 5 p. m. local time there. If we do, it will be credited as of that day. A pa ment received at the processing facility in proper form after that time will be credited as of the next day. Allow 5 to 7 days for payments b regular mail to reach us. There may be a delay of up to 5 days i n crediting a payment we receive that is not in proper form or is not sent to the correct address. The correct address for a payment sent by regular mail is the address listed on the return envelope or on the front of the payment coupon. A payment made in-store is not sent to the correct address. The correct address for a payment sent by courier or express mail is the Express Payments Address shown below. Proper Form. Fora 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 front of your check or money order. If you send an eligible check with this psymend coupon, you authorize us to compiete your payment by aledronfc debit If we do, the checking account will be debited in the amount on the check. We may ?destroyeds a. the day we receive the check. Also, the Copy fee. We charge $3 for each copy of an account statement that dates back 3 months or more. We add the fee to the regular Sears purchase balance. We waive the fee if your request for the copy relates to a billing errorordisputed purchase. Payment Options Other Than Regular Mail. • Online Payments. Visit www.SearsCard.com and sign up for online payments. Enro llment may take a few days. If we receive your request o make an online pa ent by 5 p.m. Eastern time, we will credityour 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 Account Balance with your first online payment • Pay by Phone Service. You may use this service any time to make a payment by phone. You will be charged $14.95 to use this service. Call by 5 p.m. Eastern time to have your payment credited as of that day. If 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: Payments Department, 1500 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. Special Rude for Credit Card Purchases Service 24 hours a day, 7 days a week If you have a problem with the quality of goods or services that you Account issued by Citibank (South Dakota), N.A. 01 DFW57 - 2 - 01/13/2009 Sears Gold MasterCard® JACK E FREY Account Number: XXXX XXXX XXXX 5971 Page 2 of 2 105236 Call us at 1-800-669-8488 Go to www.seamcard.com Write to us at PO Box 6282 Sioux Fells, SD 57117-6282 Payment Due Date 05/06/09 Average Corresponding Periodic Rate Periodic Daily ANNUAL D=Dey FINANCE Rates *Rate Varies Balance Balance PERCENTAGE RATE M=Month CHARGE SEARS REGULAR $204.64 $167.54 27.24%* .0747%(D)* $3.76 EXTERNAL REGULAR $6,408.84 $6,335.22 27.24%* .0747%(D)* $141.97 CASH ACCESS REGULAR $0.00 $0.00 27.24%* .0747%(D)* $0.00 Days in Billing Period: 30 Effective ANNUAL PERCENTAGE RATE: 27.24% Minimum FINANCE CHARGE: $0.00 Cardmember News The Sale Date is the Transaction Date. The "Effective ANNUAL PERCENTAGE RATE" includes all transaction and periodic finance charges imposed this billing period on all balances on which finance charges were imposed. If the "Effective ANNUAL PERCENTAGE RATE" is N/A, no finance charges (after adjustments) were imposed this billing period. Finance charges may be accruing on promotional balances and may be billed to your account under the terms of the promotional offer. Refer to the corresponding APR for the APR that applies to each balance. Verification Pam Cline I, Dam Cline 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 on its behalf. 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. Signature C-25599 Jack E Frey Account number ending in 5971 1032 0 kii _ : . M L -'!T?Y E , s $'18.50 Pb ATTy Ct* 585`15 Q1" a3oo3 i P Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 203465 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 V. JACK E FREY Defendant To the Prothonotary: CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5967 CIVIL TERM CIVIL ACTION - LAW Praecipe to Discontinue Kindly discontinue the above-captioned action without prejudice. Burton Neil & Associates, P.C. By: 4/" Neil Sarker, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-25599 F-iLLj 2009 SEP 2 6 t GUM a : !5 ... r ,a