Loading...
HomeMy WebLinkAbout10-5892F1L rr1CE T?!!iY CUMP YLVh4A ?`f 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. SHAHNAZ ALI 65 Johns Drive, Enola PA 17025-2694 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. /O ^ M ;?,_, ot U t' L 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 .QC?a , pD ?? Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 g?D3 U C-38219 / e-a vats 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. SHAHNAZ ALI 65 Johns Drive, Enola PA 17025-2694 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 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 Shahnaz Ali, who resides at 65 Johns Drive, 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 3097 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 $3,441.88 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 $3,441.88, and the costs of this action. Burton Neil & Associates, PC. By: NQ Sar?fer, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. Sears Card' Call us at 1-800-917-7700 Manage your account and pay your bill at www.searward.com Write to us at PO Box 6283 Sioux Falls, SD 57117-6283 SHAHNAZ ALI Account Number: 097 Page 1 of 2 Summary of Account Activity Previous Balance $3,346.42 Payments $0.00 Other Credits $0.00 Purchases $0.00 Fees Charged +$35.00 Interest Charged +$60.46 New Balance $3,441.88 Past Due Amount $327.42 Credit Limit $3,400.00 Available Credit -$41.00 Amount Over Credit Limit $41.88 Statement Closing Date 03/30/2010 Days in Billing Cycle 32 Transactions Trans Date Post Date Amount Fees 03/26/10 03/26/10 LATE PAYMENT FEE 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged 03/30/10 03/30/10 Interest Charge on Purchases 60.46 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 60.46 YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $3,346.42, WHICH WAS YOUR ACCOUNT BALANCE ON THE LATE FEE TRANSACTION DATE. ,i NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION This Account is Issued by Citibank (South Dakota), N.A. Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records. Sears Card" Account Number: - 3097 Payment Minimum New Balance Due Date Payment Due Amount Enclosed $3,441.88 04/26/10 $457.88 0011669 X 20 B 10089 1 TRS006 FXG 001 7 N I I I I I II II IIIIIIIIIIIII'IIIIII'II"'Make check payable to SHAHNAZ ALI SEARS CREDIT CARDS 65 JOHNS DR PO BOX 183081 ENOLA PA 17025-2694 COLUMBUS, OH 43218-3081 '?'II?II"?'I?Ill?l??lllnrlll'Illnrllilllnll?'ll'?I'llll?llnl Please make address changes on reverse side. Payment Due Date 04/26/2010 Mailed payments must be received by 5:00 PM at Payment Information the address for payments by the payment due date. New Balance $3,441.88 Minimum Payment Due $457.88 Payment Due Date 04/26/2010 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee up to $35.00. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you make no additional You will pay off the And you will charges using this card balance shown on this end up paying an and each month you pay... statement in about... estimated total of. Only the minimum payment 21 years $8,009 $129 3 years $4,630 (Savings= $3,379) If you would like information about credit counseling services, call 1-877-337-8188 200 5049941417933097 0344188 0045788 0000000 2011 EXHIBIT A ,+ kq&S 1. eats infi action 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 grace period of at least 20 days. To do so, pay the following amount ytheduedateevery 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 pat. the above amount by the due date for two billing cycles in a row. In adds on, 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 Finance Charge. We use an average daily balance method including 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 r ular External purchases, Old Balances, cash access transactions, and dr rent 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 balanceby i s dai periodic rate. We do this for each day in the billing cycle. To get a I TI balance, we start with the balance as of the end of the previous day. We 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 then 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. Hounding may cause a small difference. Sale Date. The Sale Date shown on the Account Statement is also the Transaction Date. Willing 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 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, 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 an amount in question while we are investigating. Butyou are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot reportyyou as delinquent on the disputed item or take any action to collectthe amountyou question. 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 or within 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 location of purchase.) Important Payment Instructions Crediting Payments.We must receive your payment in proper form at our processing facility by 5 p.m. local time there. If we do, it will be credited as of that day. A payment received at the processing facili in pproper form after thattime will be credited as of the next day. Allow 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 not 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 ayment coupon. A payment made in-store is not sent to the correct address. The correct address for a payment sent by courier or express mail is the Express Payments Address shown below. Proper Form. Fora payment sent by mail or courier to 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. If you send an eligible check with this payment coupon, you authorize us to complete your payment by electronic debit. N 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 checkwill 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. 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 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 arty 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 payme will be credited as of the next day. We may process your payment electronically after we verify your identity. • Express Psymu ts. You can send payment by courier or express marl to the Express Payments Address: Pa merits Department, 1500 Boltonhfield 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 Service 24 hours a day, 7 days a week. Special Rule for Credit Card Purchases If you have a problem with the quality of goods or services that you Account issued by Citibank (South Dakota), N A. New Address If your address has changed, please print any changes below. Name: Street Address: City, State, Zip: Phone: 01 DG6057 -1 - 01/06/2009 Sears Card' Call us at 1-800-917-7700 Manage your account and pay your bill at www.searscard.com Write to us at PO Box 6283 Sioux Falls, SD 67117-6283 SHAHNAZ ALI Account Number: XXXX XXXX XXXX 3097 Payment Due Date Page 2 of 2 04/26/2010 1166s Interest Charge Calculation Your Annual Percentage Rate APR is the annual interest rate on your account. Annual Percentage Balance Subject to Type of Balance Rate (APR) Interest Rate Interest Charge Purchases 20.40% (d)(v) $3,381.04 $60.46 Cash Advances 21.40% (d)(v) $0.00 $0.00 (v) = Variable Rate Effective ANNUAL PERCENTAGE RATE: 20.40% (d) = Daily (m) = Monthly Cardmember News The "Effective ANNUAL PERCENTAGE RATE" includes all transaction and periodic interest charges imposed this billing period on all balances on which interest charges were imposed. If the "Effective ANNUAL PERCENTAGE RATE" is N/A, no interest charges (after adjustments) were imposed this billing period. Interest 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. You've likely heard about some changes impacting consumer credit cards as a result of the Credit CARD Act and other regulatory changes. For our valued customers, we believe it is important to understand these changes, most of which went into effect in February 2010. For details, visit www.newcreditcardlaws.citicards.com. Your account is past due and is scheduled to be closed in the near 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 1-866-518-9057 We're available to you 7 days a week. Monday Thursday 6:30 a.m:11:00 p.m. CT. a Friday 6:30 am. -9 pm. CT Saturday and Sunday 8:00 a.m.-5b0 p nL CT 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. Signature C-38219 Shahnaz Ali Account number ending in 3097 1031 ~ •" CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff v. SHAHNAZ ALI 65 Johns Drive Enola PA 17025-2694 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAl~ ~;., -,.. r=°s NO. 10-5892 CIVIL TERM ~,.`.t -e^ ~~ •~ U ~' ~° ---, CNIL ACTION -LAW =' Praecipe for Default Judgment To the Prothonotary: ~~ ~~~a 0 c..3 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 $3,441.88 $3,441.88 0 -~ r.. ~ -zy ~~ ~}~ ---i ~ ..~ R~ c~ --~ ~~ --+~ -~, 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 States 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 UNDER PA.R.CIV.P. 236 Pro Prothon`o f!/1/r0 Burton Neil & Associa , P.C. By: Neil Sarker, Esquire Attorney for Plaintiff I.D. N0.203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C-38219 ~ I~F.oo P A ATT~ ~*8~~~a ~~ a5b 5(05. 1~[crhee ~~G~ CITIBANK {SOUTH DAKOTA), N.A. : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 10-5892 CIVIL TERM SHAHNAZ ALI Defendant :CIVIL ACTION -LAW TO: Shahnaz Ali 65 Johns Drive Enola PA 17025-2694 DATE OF NOTICE: October 13, 2010 1MPORTANT NOTICE C-38219 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court yow 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 yow property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office below. 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. 7l 7-249-3166 or 800-990-9108 In making this communication, we advise our office is a debt collector. Burton Neil & Associates, P.C By: Neil Sarker, Esquire Attorney for Plaintiff Identification No. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610)696-2120 Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. N0.203465 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 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. SHAHNAZ ALI NO. 10-5 892 CNIL, TERM Defendant CNIL ACTION -LAW Rule of Civil Procedure N0.236 (Revised) Notice is given that a JiJDGMENT in the above captioned matter has been entered against you on 1- ~~ ~ ~ 0 Prothono By: / eputy If you have any questions concerning the above, please contact: Neil Sarker, 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.