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HomeMy WebLinkAbout10-1445O ?BIB MAR - r F" 20 58 ??'?1?IV t 1 f ?l\II V?7\i ?..V%a?V?/1 Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348 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 IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ZJLf C' DANIEL ZIELINSKI NO. 5 Woods Drive, Mechanicsburg PA 17050-2748 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-31579 C? 707` 0-' a.3 r- 8?d?' Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348 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 NO. 10??N41 5' o"`,l faI DANIEL ZIELINSKI 5 Woods Drive, Mechanicsburg PA 17050-2748 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 Daniel Zielinski, who resides at 5 Woods Drive, Mechanicsburg, 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 9338 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 $8,115.25 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 $8,115.25, and the costs of this action. =urtonNe & Associates, P.C. The law firm of Burton Neil & Associates, P.C. is a debt collector. Burton Neil, Esquire Attorney for Plaintiff Sears MasterCard® DANIEL ZIELINSI I Account Num 9338 Page 1 of 2 Your Account Summa Billing Cycle Closing Date 11/26108 Amount Over Credit Line $194.92 Amount Past Due $223.26 Current Minimum Due $295.64 Total Minimum Due $713.82 Previous Balance $7,991.02 Payments & Credits $0.00 Purchases & Debits $91.26 Other Charges $39.00 FINANCE CHARGES $173.64 Account Balance $8,294.92 Your Credit Summa Total Credit Line $8,100.00 Available Credit Line $0.00 Cash Access Line $1,620.00 Available Cash $0.00 Payment Due Date 12/24/08 Activity Sale Date Post Date Description Amount 10/30/08 10/30/08 Identity Monitor Oct 866-422-8380 NY 11/26/08 11/26/08 ACCOUNTCARE 877 524 5985 11/26/08 11/26/08 LATE PAYMENT FEE YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $8,000.97, WHICH WAS YOUR ACCOUNT BALANCE ON THE LATE FEE TRANSACTION DATE. THE AMOUNT DUE SHOWN ABOVE INCLUDES A PAST DUE AMOUNT. YOU SHOULD SEND THE ENTIRE AMOUNT DUE NOW. IF PAYMENT HAS BEEN MADE RECENTLY, THANK YOU. Please follow payment instructions on reverse side. Payment must be received by 5:00 p.m. local time on Payment Due Date. Sears MasterCard® Account Number 9338 Payment Total Account Balance Due Date Minimum Due Amount Enclosed E$8,294.92 12/24/08 $713.82 9.95 81.31 39.00 0130748 X 18 0 08331 1 TXS503 FVG 001 7 N VIIIIIIIIIII11111111111111111111111111111 lilt 1111111111111111 IIII11111IIIIl1111111I1111111I1III III11I111111II11111IIIIIIIII Make check payable to DANIEL ZIELINSKI SEARS CREDIT CARDS 5 WOODS DR PO BOX 183082 MECHANICSBURG PA 17050-2748 COLUMBUS, OH 43218-3082 EXHI VI 1 Please make address corrections above. 100 9338 0829492 0071382 0000000 1913 Call us at 1-800-868-8488 Go to www.eearocard.oom Write to us at PO Box 6282 Sioux Falls, SD 57117-6282 aiv .--- 1 Information About you' Account Brace Period for Purchases: The grace period for purchases is at least 20 days. Therefore, to avoid periodic finance charges on purchases (excluding balance transfers) that appear on this account statement, you must have paid the Account Balance on the last statement, less arty No Interest/No 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 In terest/No Finance Charge or Deferred Interest balances that expire after the payment due date, by this statement's payment due date. 0 balance transfers 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 (N available): none. Balance Subject To Fiance 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 Interest/No Finance Charge or Deferred Interest offer will be calculated separately even if 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 like regular Sears purchases unless otherwise specified in connection with a particular promotional offer. Charges may include, as applicable to your account, purchases, balance transfers, cash access transactions, 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 Including 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 on that balance for each day In the billing cycle and round that amount to the nearest cent. The total periodic finance charge for the bulling 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 of finance 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 daily periodic rate, the result is the periodic finance charges assessed for that balance, except for minor variations caused by rounding. 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 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 your 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 investigating, but you are still obligated to pay the parts of your bill that are nut in question. While we mvesbgate your question, we cannot report you as delinquent on the disputed item or take any action to collect the amount you question. Special 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 faith to cored 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 or within 100 miles of you 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 location of purchase.) Important Payment instructions Creating Pwpnw tc Payment must be received in proper torn 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 after that time will be credited as of the next day. Please allow 5-7 days for payments by regular mail 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 location, including a store location, other than the address listed on the return envelope or on the frond of the payment coupon, or, for courier or express mail payments, to the Express Payments Address set forth below. There may also be a delay of up to 5 days in 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 you name and account number on the front of you check or money order. Sending an eligible check payment by electronic debit with we duo, payment account will be debited in the antowd an the check, as soon as the day we receive the check, and the deck will be destroyed. Copy Fee: On any matter unrelated to a billing error or disputed purchase, we charge a $3.00 fee for each duplicate statement for a billing cycle that is more than 3 months prior to your request. We add this fee to your regular Sears purchase balance. Other Payment Options: • Visft 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 payment as of that day. If we receive your request to make an online payment after that time, we will credit your payment on the next day Soviccby Phone. You may make e. You will be charged $14.95 use payment this pphone b using the ayment service. Call by 5 one S Eastern time to have your payment credited as of that day. If you tail 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 Boltonfield 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 day. Report a Lost or Stolen Card Immediately- Our Customer Service Representatives are available by phone 24 hours a day, 7 days a week. Account issued by Citibank (South Dakota), N.A. FVG-001 OICX6057 - 1 - 04/16/08 Call us at 1-800-669-8486 Sears MasterCard' Go to www.*"mcard.com Write to us at PO Box 6282 Sioux Fells, SD 57117-6282 DANIEL ZIELINSKI Payment Due Date Account Number: XXXX XXXX XXXX 9338 Page 2 of 2 12/24/08 r -i 130748 THE APR ON YOUR ACCOUNT HAS BEEN INCREASED FOR ONE OF THE FOLLOWING REASONS: YOU FAILED TO MAKE PAYMENT TO US ON THIS OR ANY OTHER ACCOUNT THAT YOU HAVE WITH US WHEN DUE, YOU EXCEEDED YOUR CREDIT LINE ON THIS OR ANY OTHER ACCOUNT YOU HAVE WITH US, OR YOU MADE A PAYMENT TO US ON THIS OR ANY OTHER ACCOUNT YOU HAVE WITH US THAT WAS NOT HONORED BY YOUR BANK. Average Corresponding Periodic Rate Periodic Deily ANNUAL D--Day FINANCE Rates 'Rate Varies Balance Balance PERCENTAGE RATE M=Month CHARGE SEARS REGULAR $539.73 $416.15 27.99%* .07679Y.o(D)* $8.93 EXTERNAL REGULAR $5,339.57 $5,280.64 27.99%* .0767%(D)* $113.40 CASH ACCESS 62 415 $2 388.95 $2 27.99%* .07679'o(D)* $51.31 REGULAR Days in Billing Period: 28 , . , Effective ANNUAL PERCENTAG E RATE: 27.99% Minimum FINANCE CHARGE: $0.00 C2rrllmamha_r News The Sale Date is the Transaction Date. Verification I Abbie Motley , 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. 4ature C-31579 Daniel Zielinski Account number ending in 9338 1032 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy 2010 MAR 10 El 2: 24 Edward L Schorpp Solicitor ' 1, Pt Citibank (South Dakota) N.A. vs. Case Number Daniel Zielinski 2010-1445 SHERIFF'S RETURN OF SERVICE 03/08/2010 09:12 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 8, 2010 at 2107 hours, he served a true copy of the within Complaint and Notice, on the within named defendant, to wit: Daniel Zielinski, by making known unto himself personally, at 5 oods Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents aAd at t ame time handing to him personally the said true and correct copy of the same. 1 SHf HARRISON, DEPUTY SHERIFF COST: $37.00 March 09, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF m cu ?qSw Tc os 'arc. CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. C7 0 '; ~ NO. 10-1445 civil term C ° DANIEL ZIELINSKI v ~' ~ 5 Woods Drive i_ .. `r `' '~ r~rt "77 Mechanicsburg PA 17050-2748 -`;: -<. .... ~ ~ _:J Defendant CNIL, ACTION - LAW . `- ` S _ L~, .. ~~"~ r ' f . '~L: ~ ~ ~ '. ~ _ fin ~- Praecipe for Default Judgment c.~ w To the Prothonotary: ~ ~ ~' Please enter judgment by default for want of an answer in the above case in favor of the plaintiff and against the defendant, and assess damages as follows: Principal: TOTAL $8,115.25 $8,115.25 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment debtor and creditor. 2. The annexed notice of intention to file this praecipe was mailed to all parties against whom judgment is to be entered and to their record attorneys, if any, after the default occurred, and at least ten days prior to the date of the filing of this praecipe. 3. Pursuant to Section 201(b)(1)(A) of the Servicemembers Civil Relief Act of 2003 (SCRA), the defendant is not in the military service of the United Stated based on information received from the defendant and/or the Department of Defense website. -' JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN UNDE PA.R.CIV.P. 236 ~~ ~ , Pro rP o~I onotary Burton ~deil & Associates, P.C. By: ~''~- ~..,.V Burton Neil, Esquire Attorney for Plaintiff I.D. NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C-31579 ~ a~o~~ No~hee ~la~.led d CIT]BANK (SOUTH DAKOTA), N.A. Plaintiff v. DANIEL ZIELINSI{I Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1445 civil term CNIL ACTION -LAW Notice of Intention to File Pr$ecipe for Default Judgment TO: Daniel Zielinski 5 Woods Drive Mechanicsburg PA 17050-2748 IMPORTANT NOTICE C-3 i 579 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10} days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office 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 infarmation 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 800-9909108 DATE OF NOTICE: March 31, 2010 ,Burton Nei~& Associates, P.C. By: in making this communication, we advise our office is a debt collector. Attorney for P intiff Identification o. 11348 1060 Andrew rive, Suite 170 West Chester, PA 19380 (610) 696-2121) Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff v. DANIEL ZIELINSKI Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1445 civil term CNIL ACTION -LAW Rule of Civil Procedure NO. 236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on ~~/9~/D Protho By: Deputy If you have any questions concerning the above, please contact: Burton Neil, Esquire Attorney for Party Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610-696-2120 The law firm of Burton Neil & Associates is a debt collector.