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Home My WebLink About09-8134Burton Neil & Associates, P.C. By: Robert J. Kane, Esquire ID. NO. 209794 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. MICHAEL S EKSTEROWICZ 208 1/2 Mill Street Mt Holly Spgs PA 17065-1717 Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 6Q- 8154 -F O-Wi( e4W 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-30541 Burton Neil & Associates, P.C. By: Robert J. Kane, Esquire ID. NO. 209794 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. MICHAEL S EKSTEROWICZ 208 1 /2 Mill Street Mt Holly Spgs PA 17065-1717 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0 ? 513 y C .ti. I 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 Michael S Eksterowicz, who resides at 208 1/2 Mill Street, Mount Holly Spr, 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 0633 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. A6 8. Defendant's actions as set forth above constituted an account stated between parties for the sum of $3,245.64 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 $3,245.64, and the costs of this action. Burton Neil & Associates, P.C. -? Y: R Vey Kane, Esquire for Plaintiff A The law firm of Burton Neil & Associates, P.C. is a debt collector. Sears Premier Card® MICHAEL S EKSTEROWICZ Account Number: 0633 Page 1 of 2 Your Account Summary Billing Cycle Closing Date 08/19109 Amount Over Credit Line $0.00 Amount Past Due $234.25 Total Minimum Due $381.82 Previous Balance $3,131.07 Payments & Credits $0.00 Purchases & Debits $0.00 Other Charges $39.00 Total FINANCE CHARGES $75.57 Account Balance $3,245.64 Your Credit Summary Total Credit Line $5,100.00 Total Credit Available $0.00 Call us at 1-800-917-7700 Go to www.seameard.com Write to us at PO Box 6283 Sioux Falls, SD 57117-6283 Payment Due Date 09/16/09 Protect your credit rat Ing! Your account is at risk of being reported as past due to one or all three of the major credit reporting agencies. A negative incident on your credit report may damage your credit rating depending on your overall credit health. This may affect your ability to purchase things you need or get additional credit in the future. We want to help you avoid this. We have a number of solutions to help you through the financial difficulty you may be experiencing, but we must hear from you. Call us today at 1-866-518-9056 We're available to you 7 days a week. Monday-Thursday 6:30 am-11:00 pm. CT. • Friday 6:30 am. -9 pm. CT Saturday and Sunday 8:00 am.-5:00 pm. CT Activity Sale Date Post Date Description Amount 08/18/09 08/18/09 LATE PAYMENT FEE YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $3,131.07, 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. Account Number: 0633 Payment Total Account Balance Due Date Minimum Due Amount Enclosed -1 ? $3,245.64 09/16/09 $381.82 (s Sears Premi ard® 0052679 CD 13 A 09231 1 TRS006 FXG 001 7 N IIIIIIIIIIIIIIIIIII VIII IIIIIII (IIIIIII IIIIIIIIIIIIIII (IIIIIII MICHAEL S EKSTEROWICZ 208 1/2 MILL ST MT HOLLY SPGS PA 17065-1717 Please make address changes on reverse side. (III VIII III IIII111III II IIIIIIIIII IIIIIII (IIIIIII VIII II IIIIII 39.00 Make check payable to SEARS CREDIT CARDS PO BOX 183081 COLUMBUS, OH 43218-3081 EXHIBIT_ 200 -.0633 0324564 0038182 0000000 1311 - ' Sears Premier Card® Call us at 1-800-917-7700 Go to www.seemeard.com Write to us at PO Box 6283 Sioux Fells, SD 57117-6283 MICHAEL S EKSTEROWICZ Account Number: XXXX XXXX XXXX 0633 Page 2 of 2 52679 Payment Due Date 09/16/09 Average Corresponding Periodic Rate Periodic Daily ANNUAL D=Day FINANCE Rates 'Rate Varies Balance Balance PERCENTAGE RATE M=Month CHARGE SEARS REGULAR $3,245.64 $3,170.06 29.99%* .0822%(D)' $75.57 EXTERNAL REGULAR $0.00 $0.00 29.99%* .0822%(D)* $0.00 CASH ACCESS REGULAR $0.00 $0.00 29.99%* .0822%(D)* $0.00 Days in Billing Period: 29 Effective ANNUAL PERCENTAGE RATE: 29.99% Minimum FINANCE CHARGE: $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 I, (;s Blum , 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-30541 Michael S Eksterowicz Account number ending in 0633 1031 41LE7F `ONOTARY 2009 NOV 23 PM 1: 51 08.5o PA ATr-( exl(oyq 8o no A s3gq 8