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HomeMy WebLinkAbout10-2385RY 2'r r:rig - 9 PJN 2: 4 -ivT Burton Neil & Associates, P.C. By: Edward J. O'Brien, Esquire ID. NO. 32985 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. RYAN P OTOOLE NO. lD - a3 SS- 1. LV ?? 107 Fairway Drive, Mechanicsburg PA 17055-5710 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-33028 (2 101 11/111- Burton Neil & Associates, P.C. By• Edward J. O'Brien Esquire ID. NO. 32985 1 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. RYAN P OTOOLE 107 Fairway Drive, Mechanicsburg PA 17055-5710 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 Ryan P Otoole, who resides at 107 Fairway 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 3750 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 $7,879.66 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 $7,879.66, and the costs of this action. Burto eil & ciates, P.C. By: r . O'B ' n, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. Sears Premier MasterCard` RYAN P OTOOL Account Numbe 3750 Page 1 of 2 Yoir Account Summa Billi g Cycle Closing Date 11/12/09 Am ount Over Credit Line $1,429.66 Am ount Past Due $1,694.08 Cur rent Minimum Due $302.71 Tot al Minimum Due $3,426.45 Pre vious Balance $7,655.95 Pa ments & Credits $0.00 Pur hases & Debits $0.00 Oth er Charges $39.00 FIN ANCE CHARGES $184.71 Acc ount Balance $7,879.66 Yo r Credit Summa Tot 1 Credit Line $6,450.00 Av, ilable Credit Line $0.00 Ca h Access Line $1,290.00 Av, ilable Cash $0.00 Sale Date Post Date Amount 0 0 0 0 0 f 11/10/09 11/10/09 LATE PAYMENT FEE LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $7,655.95, WHICH WAS YOUR ACCOUNT lCE ON THE LATE FEE TRANSACTION DATE. R ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST IS SHOWN ABOVE. ARRANGEMENTS FOR FUTURE DENTS 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. :ars Premier MasterCarde count Number 750 Payment Total Account Balance Due Date Minimum Due Amount Enclosed $7,879.66 12/09/09 C $3,426.45 EX 09 0 09316 1 TXS503 FVG 001 7 N Make check payable to 39.00 AN P OTOOLE SEARS CREDIT CARDS 07 FAIRWAY DR PO BOX 183082 AECHANICSBURG PA 17055-5710 COLUMBUS, OH 43218-3082 make address corrections above. Call us at 1-800-800-8486 Go to www.seemoord.com Write to us at PO Box OM Sioux Fells, SD 571 1 7-8282 Payment Due Date 12/09/09 Your Sears Choice Rewards Summary Previous Reward Points Balance Reward Points Earned This Period Adjustments to Reward Points Reward Points Redeemed This Period Ending Reward Points Balance 100 3750 0787966 0342645 0000000 0910 A .?CF-iit3iT About Your Account Grow hriDd on Purchases. You can avoid periodic finance charges on purchases, but not on balance transfers and cash access transactions ('d available on your =r4). Th is is called a grace period on purchases. You ran get a grace period of at 20 days. To do so, pay the following amount by the due data every billing the If you the dt daily I we at financ finan( paym zero. balan daily total differ Sale I Date. Annt anal this fr mrailir refun Pena late& (4) us. How reasc pa m wit r withw \ccount Balance, less Deferred Interest balances that expire after the due date. o not, you will not get a g race period unless you pay the above amount by date for two billing cycles in a row. In addition, certain promotional offers away the grace period on purchases. Otherpronational offers, in addition red Interest offers, may also allow you to have a race period on purchases having to pay all or a portion of the promotional balance by the due date. lt the case, the promotional offer witl describe what happens. s Subject to Finance Charge. We use an average daily balance method gg new transactions) to calculate periodic finance charges. We do this elyforeach balance. ThesebaIancesinclude, forexample, regular Sears es, balance transfers, other regular External purchases, Old Balances, cash transactions, and different promotional balances, as applicable to your . (When we tabulate periodic finance charges, we treat each Deferred transaction separately even if it has the same terms as another Deferred transaction.) Ne figure the periodic finance charge by mullipying the daily balance by its riodb rate. We dothsfor each day in the billing cycle. Toget a daily balance, t with the balance as of the end of the previous day. We add any periodic charge on the previousday'sbalance. (This results in daily compounding of charges.) We add any new charges. We then subtract any new credits or its and make otheradlustmrents. A credit balance is treated as a balance of or each balance, the Average Daily Balance is the average of the daily -sduringthabling cycle. If you multiply this figure for each balance by its rbdb rate and bythe number of days in the billing cycle, the result is the riodic finance chharge on that balance. Rounding may cause a small The Sale Date shown on the Account Statement is also the Transaction I Membership Fee. Any annual membershipfee is billed once a year. The of the fee appears on the statement when the fee is billed. We will refund 'd you notify us that you are closing your account within 30 days of the or delivery date of the statement on whichthefee is billed. You will getthe even I you useyourcard duringthat period. V APR. The Penalty APR may be applied to your account if you: (1) Make a ment; (2) Gooveryour credit limit; (3) Makea paymentthat is returned; or my of the preceding (1) through (3) on another account that you have with rig Wilthe PsnalhrAPRAppy? it yourAPRsare increasedforarryof these o, the F?nalty APRR will apply until you make 12 consecutive minimum its on time and do not do (1) through (3) atxrve on any account you have during that time period. The penally APR may end sooner in accordance rr Card Agreement, or'd required by applicable law. Rights Summary a ofErromorQuestionsAboutYourBill. Ifyouthink our bill swrong,or need more information about a transaction on your bill, write us at the is listed on this statement where it says "Write to us al." Write us as soon sible. We must hear from you no later Ihan 60 days after we send you the II on which the error or problem appeared. You can telephone us, but so will not preserve your rights. In your letter, give us the following -Yout name and account number. -The dollar amount of the suspected error. - Des ibe 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 areinvestigating. But you are still obligated to pay the parts of your bill that are not in question. While we investigate ycwrquestan, we cannot report you as delinquent on the disputed item ortakeanyaction to oollectthe amount you question. Spedaf Rule for Credit Card Purchases If you have a problem with the quality of goods or servicesthat you 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 morethan $50 and the purchase is made in your home state orwithin 100 miles of our mailing address. (If we own oroperate the merchant, or'd we mailed you the advertisement for the property or services, all purchases are covered regardless of amount or location of purchase.) Important Payment Instructions Crediting Payments. We must receive your payyment in proper form at our processing facility by 5 p.m. bceltime there. If we do, itwill be credited as of that day. A payment received at the processing facility in properform 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 ma be a delay of upto 5 days in crediting a paymentwe receive that s not in proper form or is not sent to the corned address. The correct address fora payment sent by regular mail is the address listed on the return envelope or on the frond of the payment coupon. A payment made in-store is not sent to the correct address. The correct address fora payment sent by courier or express mail atheExpress PaymentsAddressshown below. Proper Form. Fora payment sent by mail orcourierto be in proper form, you mud: • Enclose a valid check or money order. No rash, gift cards, or foreign currency pplease. • Inckrde your name and account number on the front of your check or money order. I you send an eligible check with this =nt coupon, you authorize us to complete your paymentby electronic debit B we do, the checking account will be deb'rled 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 Sea rs purchase balance. We waive the fee I your req uest for the copy relates to a billing error or disputed purchase. Payment Options Other Than Regular Mail. • Online Payments. Visit www.SearsCard.com and sign up for online payments. Enrollment may take a few days. 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 credityour payment as of the next day. Forsecurdy reasons, you may be unable to pay your entire Account Balance with yourfirst online payment. • Pay by Phone Service. You may use this serviceany 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 Boltonfield Street, Columbus, OH 43228. Payment must be received in properform at the proper address by 5 p.m. Eastern time to be credited as of that day. All pa ments received in properform at the proper address afterthat time will be credited as of the next day. Report a Lostor Stolen Card Immediately. You may call Customer Service 24 hours a day, 7 daysa week. Account issued by Citibank (South Dakota), NA.. 16037 EN Rev 01110 01 DF6057 - 3 -12/1012009 New Address If your address has changed, please print any changes below. Name: Street Address: City, State, Zip: Phone: Sears Premier MasterCard" RYAN P OTOOLE Account Number. XXXX XXXX XXXX 3750 Page 2 of 2 95133 Call us at 1-80x669-8488 Go to www.seemeard.com Write to us at PO Box 8282 Sioux Fells, SD 57117-6282 Payment Due Date 12/09/09 Average Corresponding Periodic Rate Periodic Deily ANNUAL D=Day FINANCE *Rate Varies Balance Balance PERCENTAGE RATE M=Month CHARGE R GULAR $461.24 $421.00 29.99%* .08220%p)* $10.04 EXTERNAL R GULAR $7,418.42 $7,327.72 29.99%* .08220%p)' $174.67 CASH ACCESS R GULAR $0.00 $0.00 29.99%* .08220%(D)' $0.00 Days in Billing Period: 29 Effective ANNUAL PERCENTAGE RATE: 29.99% Minimum FINANCE CHARGE: $0.00 Cafdmember News Th "Effective ANNUAL PERCENTAGE RATE' includes all tr section and periodic finance charges imposed this billing per od on all balances on which finance charges were imposed. If t e 'Effective ANNUAL PERCENTAGE RATE' is N/A, no inance charges (after adjustments) were imposed this bill' g period. Fin ce charges may be accruing on promotional balances an may be billed to your account under the terms of the pr motional offer. Refer to the corresponding APR for the APR that applies to each balance. Th Sale Date is the Transaction Date. Verification 1 ?,?g BlUmer , 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. V Signature C-33028 Ryan P Otoole Account number ending in 3750 1032 6=II~_E 0-0i=F 1 OF T' E PRQTHONOTAR ( HL 2013 SEP 16 PM :I; 12 CUMBERLAND COUNTY PENNSYLVANIA Burton Neil &Associates, P.C. By: Edward J. O'Brien, Esquire ID. NO. 32985 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 CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-2385 CIVIL TERM RYAN P OTOOLE Defendant : CIVIL ACTION- LAW Statement of Intention to Proceed To the Court: Plaintiff, CITIBANK(SOUTH DAKOTA),N.A., intends to proceed with the above captioned matter. BURTON NEIL &ASSOCIATES, P.C. Date: 1 1 B , QNUld jk6rien, Esquire Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. C-33028 C-33028 /324 1'iry ` .. V•f irrV,, C � W CJ Burton Neil &Associates, P.C. -- a By: Edward J. O'Brien, Esquire ID.NO. 32985 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 CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 10-2385 CIVIL TERM RYAN P OTOOLE Defendant : CIVIL ACTION -LAW Praecipe to Settle,End, & Discontinue To the Prothonotary: Mark the above matter Settled, Ended and Discontinued. Burto N it Associates, P.C. By: d d . O'Brien,Esquire A orney for Plaintiff This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector.