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HomeMy WebLinkAbout09-7354 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 701 East 60th Street N Sioux Falls, SD 57117 V. Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA FAYE HIPPLE : NO. - ?'JS 7 ?? V l `?g f1N? 318 Erford Road, Camp Hill PA 17011-1115 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 C-26585 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. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. FAYE HIPPLE 318 Erford Road, Camp Hill PA 17011-1115 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. O 9 - 93 5/' Cur- -rZ4-- 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 Faye Hipple, who resides at 318 Erford Road, Camp Hill, 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 3728 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 $2,492.30 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 $2,492.30, 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. Sears Gold MasterCard® FAYE HIPPLE Account Number 3728 Page 1 of 2 Your Account Summa Billing Cycle Closing Date 05108/09 Amount Over Credit Line $384.65 Amount Past Due $613.98 Current Minimum Due $117.77 Total Minimum Due $1,116.40 Previous Balance $2,407.88 Payments & Credits $0.00 Purchases & Debits $0.00 Other Charges $74.00 FINANCE CHARGES $52.77 Account Balance $2,534.65 Your Credit Summary Call us at 1-800-669-8488 Go to www.searseard.com Write to us at PO Box 6282 Sioux Fells, SD 57117-6282 Your past due amount may But you're definitely not. Payment Due Date 06/05/09 be a number. r ' Cali us so we can personalize a payment solution for you. You're our customer. We value our relationship with you. So let us help you take care of your past due amount and avoid future late fees. We'll look at your account on an Individual basis and work with you to come up with a payment solution for your unique situation. Cali 1-866-518-9052. You'N find someone who's ready to listen and who can help you got back on your feet www.searscard.com Total Credit Line $2,150.00 Available Credit Line $0.00 Cash Access Line $0.00 Available Cash $0.00 Activity Sale Date Post Date Description Amount 05/08/09 05/08/09 OVERLIMIT FEE 05/07/09 05/07/09 LATE PAYMENT FEE YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $2,407.88, 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. Sears Gold MasterCard® Account Number: 3728 Payment Total Account Balance Due Date Minimum Due $2,534.65 06105/09 $1,116.40 0015827 EX 06 B 09128 1 TXS503 FVG 001 7 N Amount Enclosed 35.00 39.00 IIIIIIIIIIII'lll 111 lull lull lllllllltll?l?l lllll'II11'111I 111 III11'II'?IIIII'lll'lllillllllllll ll'11II I1'1'Itl llllllllll 111 Make check payable to FAYE NIPPLE SEARS CREDIT CARDS 318 ERFORD RD PO BOX 183082 CAMP HILL PA 17011-1115 COLUMBUS, OH 43218-3082 Please make address corrections above. 100a, 728 0253465 0111640 0000000 0610 EXHIBIT-2 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 graceperiod of at least 20 days. To do so, pay the following amount by the due date every billing cycle: • the Account Balance, less • any Deferred Interest balances that expire after the due date. If you do not, 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 to 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 Rnance Charge. We use an average daily balance method ('mcludinp 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 dail periodic rate. We do this for each day in the billing cycle. To get a dair balance, we start with the balance as of the end of the previous day. a add any periodic finance charge on the previous day's balance. (This results in daily compounding of finance charges.) We add any new charges. We than 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 for 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. 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 paymentin proper format our processingg facilityby 5 pp. m. local time there. If we do, it will be credited as of that day. A payment 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 by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is riot 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 pagment coupon. A payment made in-store is not sent to the correct address. The correct address for a payment sent by courier or expressmail is the Express PaymentsAddress shown below. Proper Form. Fora payment sentby mail orcourierto be in properform, 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. s you send an eligible check with this payment coupon, you authorize us to complete your payment by electronic debit If we do, the checking account will be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed. 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 error or disputed purchase. Sale Date. The Sale Date shown on the Account Statement is also the Payment Options Other Than Regular Mail. Transaction Data. _ 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 sowill 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 eylain, 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 investigating. But you are still obligated to pay the parts of your bill that are notmquestion.While we investigate yourquestion,we cannotreport you as delinquent on the disputed item or take any action to collect the amount you question. Onlrne Payments. Visit www.SearsCard.com and sign up for online payments. Enrollment may take a few days. If we receive your request o make an online payment 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 payyment credited as of that day. If you call after that time, your paymeriMl 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 courieror express moll to the Express Payments Address: Payments Department, 1500 Boitonfield 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. Report a Lost or Stolen Card Immediately. You may call Customer Special Rule 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 Dr6057 - 2 - 0111 M009 Sears Gold MasterCard' FAYE RIPPLE Account Number: XXXX XXXX XXXX 3728 Page 2 of 2 15827 Call us at 1-800-669-8488 Go to www.seamcard.com Write to us at PO Box 6282 Sioux Falls, SD 57117-6282 Payment Due Date 06/05/09 Average Corresponding Periodic Rate Periodic Daily ANNUAL D=Day FINANCE Rates `Rate Varies Balance Balance PERCENTAGE RATE M=Month CHARGE SEARS REGULAR $2,534.65 $2,435.92 27.24%` .0747%(D)' $52.77 EXTERNAL REGULAR $0.00 $0.00 27.24%" .0747%(D)` $0.00 CASH ACCESS REGULAR $0.00 $0.00 27.24%" .0747%(D)' $0.00 Days in Billing Period: 29 Effective ANNUAL PERCENTAGE RATE: 27.24% Minimum FINANCE CH ARGE: $0.00 Cardmember News 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. The Sale Date is the Transaction Date. Verification h Lisa BIUII W , am employed by Citicorp Credit Services, Inc. (USA) (hereafter CCSI), a subsidiary of plaintiff, Citibank (South Dakota), N.A. CCSI is a service provider for plaintiff in that it services credit card accounts owned by plaintiff. I am authorized to make this verification on behalf of plaintiff. 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. Signature C-26585 Faye Hipple Account number ending in 3728 1032 Ci) OP THE PtO TARY 2009 OCT 26 PM 2: 18 PEN S`YLVANA $'78.50 Pa A711Y co lolR9s ej+ a3a s8O Sheriff s Office of Cumberland County R Thomas Kline F~L~i.~--~.;`-;-4~;~ Sheviff ~c~~~~i,~ of ~t~u~~,,~_~~~ ~~ ~ ~~_ ~ ti. Ronny R Anderson ~ `~ ChiefDepury ZQQ~ ~~t~ ".~s ~~'~ i~~ ~ ~ Jody S Smith ;~~~ ~ Ci,'~~ _,,rT~~` Civil Process Sergeant ~- .~ i, `,Y.f,'. Edward L Schorpp Solicitor Citibank (South Dakota) N.A. vs. Faye Hipple Case Number 2009-7354 SHERIFF'S RETURN OF SERVICE 10/30/2009 01:52 PM -Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 30, 2009 at 1352 hours, she served a true copy of the within Complaint and Notice, upon the within namec defendant, to wit: Faye Hipple, by making known unto herself personally, at 318 Erford Road Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 SO ANSWERS, November 02, 2009 R THOMAS KLINE, SHERIFF ~~ ~~ Deputy Sheriff