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HomeMy WebLinkAbout09-7949 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. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA TRINA L SIEMONS :NO. (A - 149 ejV? ?` rril 300 Front Street F12, Enola PA 17025-3217 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-22188 t y 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. IN THE COURT OF COMMON PLEAS 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04- 7 9 q 9 ct?'i( --e _ TRINA L SIEMONS 300 Front Street F12, Enola PA 17025-3217 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 Trina L Siemons, who resides at 300 Front Street F12, 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 cards. 4. Plaintiff furnished consumer credit to the defendant by means of a(n) Sears credit card with account number ending in 9889 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 $3,754.84 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 $3,754.84, and the costs of this action. eil & Mkciates. P.C. Y D. Wet6stein, Esquire Altdmev for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt Sears Gold MasterCard" Call us at 1-800-880-8488 Go to www.s"rw4wd.com Write to us at PO Box 8282 Sioux Falls, SD 57117-8282 TRINA L SIEMID Account Number mber: 9889 Payment Due Data Page 1 of 2 02/05/09 Your Account Summary Billing Cycle Closing Date 01/08109 Amount Over Credit Line $0.00 You're in charge. Amount Past Due $334.00 We may have the p"ment solution just for you, Minimum Due $413.00 and you're in control of howyou do ft, Previous Balance $3,648.28 Payments & Credits $0.00 Purchases & Debits $0.00 Other Charges $35.00 FINANCE CHARGES $71.56 Account Balance $3,754.84 Your Credit Summa Total Credit Line $4,800.00 Available Credit Line $0.00 Cash Access Line $960.00 Available Cash $0.00 Manage your account onihm OR by phone • You can q*kly go online, or cell to get personal assistance • See when a payment Is due or posted • Select from affordable payment options to meet your needs that may. Law your amual percentage rate - Lower your minimum payment Contact to today-we can help. Activity Sale Date Post Date Description Amount 01/05/09 01/05/09 LATE PAYMENT FEE 35.00 YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $3,648.28, 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 Mas d" Account Num 81M P Account Balance Dua?O? Minimum Duo Amount EnetoaW $3,754.84 02/05109 $413.00 0000164 ED 05 18 09008 / TX8602 FUG 001 7 N 11111111111111111111111111111111111111111111111111111111111111 TRINA L SIEMONS 300 FRONT ST FL 2 ENOLA PA 17025-3217 Please make address corrections above. IIIIIIIIIIIIIIIIIIIIII111111111IIIIIIIIIIIIIII'Ii 1111111111111 Make check payable to SEARS CREDIT CARDS PO BOX 183082 COLUMBUS, OH 43218-3082 EXHIBIT 100 9889 0375484 0041300 0000000 0519 ACCIRM STATEMENT The Account Statement describes Account activity during a billing cycle, which is a period of about one month Amend Ststsmad shows a ending D Date and has a Closing Date period of tot less than 20 days between the Billing Date and the Payment Due Date. FINALE CNAROES We calculate periodic rate Rnance Charges separately for each balance type applicable to the Account: Sears regular purchases, Old Balances, Bdomal regular purchases, and Cash Access traeraactio s. In addition, we may offer special pro n dons subject to different terms. The periodic Finance Charges for tramsactions subject to these terns will also be calculated separately. For periodic rate Finance Charge calculation purposes, Deferred Payment Balances are treated Bre Sears regular purchases unless otherwise specified in conjunction with a particular promotional offer. When a periodic Rnence Charge Is Imposed, the Rnance Charge Is Imposed for each balance type applicable to the Account by (1) taking each dal bananas, pl) multi ng that deity baance by the applicable dally periodic rate, and adding together resulting amounts for each day In the billing cycle. The total periodic Flnence Charge for the billing cycle Is the sum of the periodic Finance Charges for each balance type, rounded to the nearest cent. There is a minimum FINANCE CHARGE of up to $1.00 on the Account for any billing cycle in which a FWANCE CHARM Is due. To determine the daily balance for each be&= type applicable to the Account, we take the beginning balance for each balance type each day, add any new transactions of that type and any unpaid Fence Chwges accrued from tin pm*w day on that balance type, deduct payments and credits posted that day to that balance type and make other adjustments. A credit balance Is treaded as a babun of zoo. New transactions are included In the dally balance as of the later of the transaction date or the first day of the billing cycle In which tiny are posted to the Account. Cash Access Transaction Fees, Insurance charges, Sews Acceu tCwe fees. Late Payment Fees, Returned Payment Fees and all other fees are Included in the dally balance of Sews regular purchases as of the date they are posted to the Account No Finance Charge Balances are included In the daily balance for Sears regular purchases and balance transfers are treated like Exlemal regular purchases at the end of the promotional period. To determine the Average Daily Balance for each balance type, we add together the daily balance for each day in the billing cycle and divide the tofal by the number of days In the billing cycle. You may calculate the periodic Finance Charge for each balance type (except for mina Ywlatlan due to rounding) by #) g the Average Daily None -for each balance type, (a) multiplying the Average Daily Balance by the applicable daily periodic rate, and then (d) mul iplyig that amount by the number of days in the billing cycle. There is no grace period an perlodlo Rnae;e Charges on Cosh Access and balance transfer trensactim but you may avoid additional Finance Charges an purchases and/or Old Balarces 9 we receive, by the time and in the runner ae spedlled In the Cardholder AccouitAgree ment In order to be credited as of the Payment D Date, the Account Balance less any No Finance Charge Balances that expire after the Payment Due Date for that billing cycle, Important Payrnerrt Instructions Cmd tlng PsyrNenls: Payment must be received In proper form at our processing facility by 5:00 p.m. local time there to be credited as of that day. A payment received at the processing facility In proper form alter that time will be credited as of the next day. Please allow 5.7 days for ptymerda by regular mall to reach us. There may be a delay of up to 5 days in crediting a payment sent by mail if it is not in the proper form or Is addressed to a kvetlon, including a store location, other than the address listed an the reran envelope or an the front of the payment coupon, or, for courier or express nuW payments to the Express Payments Address act forth below. Thera may also be a delay of up to 5 dew in crediting a payment made in-store. Proper Form: For a payment sent by mail of scaler to be In proper form, you must: • E. '- a valid check or money order. No cash, gift cards, or foreign currency please. • Include your name and account number on the front of you check or money order. Sending an eligible check with the p%nhoet coupon atbarhes us to complete the amount on the check, as am as day reaa" the dra* amid the check will be destroyed. Other Paymo?t Option • Visit www.SeamCard.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 8 that time Bwe will credit your payment on the next ddaay.. aka an online payment otter ht • Serif ppaayment by caner or express mall to the Express Payments address: AtieMlon: Payments Department, 1500 Bolronfield 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. AIpaymenls received in proper form at the proper address after that time will be cred'ded as of tin next day. BILLING RIGHTS SINNNARY In Cm of Errors or Quedlorn About your BIN If you think your bill Is wrong, or R you need more Information about a transaction on your bill, write us on a separate sheet at the address listed on your bill where it says "Write to us at." Write us as soon as possible. We must hew from you no pater than 60 days alter we sent 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, I you can, why you believe there Is an error. If you need more Information, describe the Items you are not sae about V you have authorized us to pay your credit card bill automatically from you savings or checking account, you can atop the payment on any amount you think Is wrong. To stop the payment your letter must reach us three days before the automatic payment is scheduled to occur. You do rat have to pay any questioned amount while we are in , but you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount you question. Special Rule for CrWR Card Purchases N you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to collect the problem with the merchant, you may have the right not to pay the remaining due on the property or services. There are two limitations on this right: • You must have made the purchase in your hone state or, if rat within your home state, within 100 mues of your current mailing address; and • The purchase price must have been more than 550. These Itmitatiorhs do not apply If we own or operate the mare hart, or If we mailed you the advarbsemeM for the property or services. Tide account Is lensd by CHbank (South Dakota), N.A. FUG-001 01GY6057 -1 - 04/17/08 Sears Gold MasterCard* TRINA L SIEMONS ' Account Number: XXXX XXXX XXXX 9889 Page 2 of 2 164 Rates *Rate Varies Call us at 1-800-898-8488 Go to www.e"meard.com Write to us at PO Box 9282 Sioux Falls, SD 57117-8282 Payment Due Date 02/05/09 Average Corresponding Daily ANNUAL Balance Balance PERCENTAG Periodic Rate Periodic D-Day FINANCE M--Month CHARGE SEARS REGULAR $845.45 $744.21 23.25%* .0637%(D)* $14.70 EXTERNAL REGULAR $1,907.09 $1,887.78 23.25%* .0637%(D)* $37.27 CASH ACCESS REGULAR $1,002.30 $992.15 23.25%* .0637%(D)* $19.59 Days in Billing Period: 31 Effective ANNUAL PERCENTAGE RATE: 23.25% Minimum FINANCE CHARGE: $0.00 Cardmember News Please see the enclosed privacy notice for important information. 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 B1uf 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 unworn falsification to authorities. Signature C-22188 Trina L Siemons Account number ending in 9889 1032 , 11 7HE -Ply 2009 V,0V > u r,`J G• 2U Gl+• 08.60 M ATN e? ?3t?c?3 R? a335141 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor tag ~0~4~~C - P~ 2: ~~2 f ~~~ ~?.~.: ,. Citibank (South Dakota) N.A. Case Number vs. 2009-7949 Trina L. Siemons SHERIFF'S RETURN OF SERVICE 11/20/2009 04:37 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on November 20, 2009 at 1637 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Trina L. Siemons, by making known unto Mark Siemons, Husband of defendant at 300 Front Street FL 2, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 November 30, 2009 SO ANSWERS, R THOMAS KLINE, SfHERIFF Deputy Sheriff .;nlf ,1 (~SIIE t ~E:~.,~:50?f. InG.