Loading...
HomeMy WebLinkAbout10-6812•s t FII_.ED-OFFICE OF THE ' 0T4-IONOTARY 2010 0(" T 20' F1112: 59 CUMIDERLAN0 COUNTY PENNSYLVANIA Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire ID. NO. 209422 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. LYNN BRETT :NO. /tO e t. C_7 115 Charlotte Way Apt 301, Enola PA 17025-1517 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 'Qa , d U ?? -?•t? Carlisle, PA 17013 p? Telephone No. 717-249-3166 or 800-990-9108 e t -- CL 011 C-41465 ???so.ZS3 Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire ID. NO. 209422 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 V. LYNN BRETT 115 Charlotte Way Apt 301 Enola PA 17025-1517 Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . NO. 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 Lynn Brett, who resides at 115 Charlotte Way Apt 301, 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 GOLD MASTERCARD credit card with account number ending in 2486 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 $6,846.90 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 $6,846.90, and the costs of this action. Burton Neil & Associates, P.C. By: ZS./renton A. Farmer, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. Sears MasterCar& Call us at 1-800-6N-8488 Manage your account and pay your bill at www.seamcard.com w Write to us at PO Box 8282 Sioux Falls, SD 57117-6282 LYNN BRETT Account Number. IMalMONS 2486 Payment Due Date Page 1 of 2 06/24/2010 Summa of Account Activity Previous Balance $6,690.89 Payments $0.00 Other Credits $0.00 Purchases $0.00 Cash Advances $0.00 Fees Charged +$39.00 Interest Charged +$117.01 New Balance $6,846.90 Past Due Amount $1,214.46 Credit Limit $7,200.00 Available Credit $0.00 Cash Advance Limit $50.00 Available Cash Limit $0.00 Amount Over Credit Limit $0.00 Statement Closing Date 05/28/2010 Days in Billing Cycle 31 Transactions Trans Date Post Date Amount Fees 05/24/10 05/24/10 LATE PAYMENT FEE 39.00 TOTAL FEES FOR THIS PERIOD 39.00 Interest Charged 05/28/10 05/28110 Interest Charge on Purchases 117.01 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 117.01 YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $6,690.89, 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. 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 MasterCard® Account Number: X2486 Payment Minimum New Balance Due Date Payment Due Amount Enclosed $6,846.90 06/24/10 $1,439.47 _j 1 0103189 ED 18 A 10148 1 TXS503 FVG 001 7 N I-I1II-IlIlIIlIIIII "1111111111'111'1111111"111"11111111'111111 LYNN BRETT 115 CHARLOTTE WAY APT 301 ENOLA PA 17025-1517 Please make address changes on reverse site. Mailed payments must receive by : at Payment Information the address for payments by the payment due date. New Balance $6,846.90 Minimum Payment Due $1,439.47 Payment Due Date 06/24/2010 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 $39.00. 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 26 years $15,539 $256 3 years $9,211 (Savings= $6,328) If you would like information about credit counseling services, call 1-877-337-8188 Make check payable to SEARS CREDIT CARDS PO BOX 183082 COLUMBUS, OH 43218-3082 11111111111i11111111111111111111111111111111Jill 11111111i11111111 486 0684690 0143947 0000000 1816 EXHIBIT ' tollaratlrir About Yew Aaant. Haw to AvelA Paying Internet a Purchases. Your payment due date is at least 25 days ; after the close of each billing cycle. We will not charge you any interest on purchase€ili you pay your New Balance by the payment due date each month. This is called a grace period an purchases. If you do not pay the New Balance in full by the payment due date, you will not get a grace period on purchases until you pay the New Balance in full for two billing cycles in a row. We will begin charging interest on cash advances and balance transfers (if available on your account) on the transaction date. If you have a balance subject to a deferred interest promotion, that balance is excluded, except for a deferred interest balance in a billing cycle in which the promotion expires before the payment due date, (the "excluded promotional balances') from the amount you must pay In full to get a grace period except for any separately required payment on that balance. In billing cycles in which payments are allocated to deterred interest balances first, the deferred interest balance will be reduced before any other balance on the account. However, you will continue to get a grace period on purchases so long as you pay the New Balance less any excluded promotional balances in full by the payment due date each billing cycle. In addition, certain promotional offers may take away the grace period on purchases. Dither promotional offers not described above 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 payment due date. If either is the case, the promotional offer will describe what happens. Now We Calsalate Yes Balance SrAject to Interest Nate. We use a daily balance method (Including current transactions) to calculate interest charges. To find out more information about the balance computation method and how the resulting interest charges were determined, contact us at the "Call us at" number on the front. Interest Charged. The Interest Charged on Purchases shown on the front includes the interest charged on all purchases and balance transfers (if balance transfers are available on your account). Tnnsactbn Date. The Transaction Date shown an the statement is also the Sale Date. MemYerslhip Fee. To avoid paying this fee, notify us that you are closing your account within 30 days of the mailing or delivery date of the statement on which the fee is billed. If Your Aeeamt Is Swill To The Poonty APR, How Long WIN The Poem" APR Apply? The Penalty APR will apply until you make 12 consecutive minimum payments on time and do not go over your credit limit or make a payment that is returned or do any of these things on another account that you have with us during that time period. The Penalty APR may end sooner in accordance with your card agreement, or if required by applicable law. Credit Reporting Disputes. It you think we reported inaccurate information to a credit bureau write us at "Write to us at" address shown on the front. Report a Lest or Stolen Card hona ddelyt Call the "Call us at" number shown on the front. What To Do If You Think you Find a Mbtalre an Yes Ststernent If you think there Is an error on your statement, write to us at the address shown on the front where it says "Write to us at." In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount: The dollar amount of the suspected error. • Description of Problem: If you think there is an error on your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement You must notify us of any potential errors in writing. You may call us. but if you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: We cannot try to collect the amount in question, or report you as delinquent on that amount. The charge in question may remain on your statement, and we may continue to charge you interest on that amount But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. We can apply any unpaid amount against your credit limit. Purchases Yew Kos N Yen Are 111hudslled With year CrNN Card If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles of your current mailing address, and the purchase price must have been more than S50. (Note. Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writina at the address shown on the front where it says "Write to us at" While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. Ireparbnt Parent IastreetiaNL Crediting Payments. If we receive your payment in proper form at our processing facility by 5 Am. local time there, it will be credited as of that day. A payment received there in proper form 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 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 regular mail is the address on the front of the payment coupon. A payment made in-store is not sent to the correct address. The correct address for courier or express mail is the Express Payments Address shown below. Prefer Form. For a payment sent by mail or courier to be in proper form, you must: Enslose a valid check or money order. No cash, gift cards, or foreign currency please. • Inslude your name and account number on the front of your check or money order. If you send one e1WW sheen with tilde payment coupon. Ta authorize us to complete year payload by Hoctraak dehN. N we do, the checking aseeunt wed he dehNed In the anhoNM on the dweL We may do tNs as soon as the day we reeelve the shock. Also, ire ell who he destroyed.. Cagy Fee. We charge $3 for each copy of a billing statement that dates back 3 months or more. We add the fee to the regular purchase balance. We waive the fee if your request for the copy relates to a billing error or disputed purchase. Payment Options Othor Time 11"Wer MoN. Online Pollutants. Visit wwwSearsCard.com and sign up for online payments. Enrollment may take a few days. It 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 as of the next day. For security reasons, you may be unable to pay your entire New Balance with your first online payment. • Pry by Phone Service. You may use this service any time to make a payment by phone. You will be charged $10.00 if a representative of ours helps expedite your payment. 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. This address is: 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 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. SMC/TGI/SCUSCP/HIPS 3/10 New Address If your address has changed, please print any changes below. Name: Street Address: City, State, Zip: Phone: ?' ar• . "•±v OIDU6057 - 2- 05/20/10 Sears MasterCard® Call us at 1-800-889-6488 Manage your account and pay your bill at www.searscard.com Write to us at PO Box 6282 Sioux Falls, SD 57117-8282 LYNN BRETT ' Account Number: XXXX XXXX XXXX 2486 Payment Due Date Page 2 of 2 06/24/2010 103189 Interest Charge Calculation Your Annual Percentage Rate APR is the annual interest rate on our account. Annual Percentage Balance Subject to Type of Balance Rate (APR) Interest Rate Interest Charge Purchases 20.40% (d)(v) $6,753.57 $117.01 Cash Advances 26.24% (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. If you missed our call, we can still help you bring your account current. When we call you about your account, we're calling with suggestions to help bring your account up to date. We have payment programs you may not know about that can help you avoid future late fees. Please call us today at 1-866-518-9049. We'll be happy to help you find a solution that works for you. Verification I, bbip Mott 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. r d Signature C-41465 Lynn Brett Account number ending in 2486 1032 SHERIFF'S OFFICE OF CUMBERLAND COUNTY 2 c- Ronny R Anderson zW C Sheriff r Jody S Smith -< ry , Chief Deputy Richard W Stewart =? cD -n Solicitor 4?0 -?t Citibank (South Da kota) N.A. vs . Case Number Lynn Brett 2010-6812 SHERIFF'S RETURN OF SERVICE 11/30/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on November 30, 2010 at 0940 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lynn Brett. After several attempts the Complaint and Notice has expired. SHERIFF COST: $55.00 SO ANSWERS, November 30, 2010 RON R ANDERSON, SHERIFF :Jeun!ySW,) Shenff. Telecsoff. Inc. TtIE PRO t,)lt 20 10 DEC 27 PH 4: r', 5 CUMBERLAND COUfq j_,?,. PENNSYLVANIA Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire ID. NO. 209422 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6812 CIVIL TERM LYNN BRETT Defendant CIVIL ACTION - LAW Praecipe to Reinstate To the Prothonotary: Please reinstate the Complaint. Burton Neil & Associates, P.C. B Y•? Trenton A. Farmer, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-41465 SID -pp ? owl q -77 a.?a? 1S SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff )J n T" Jody S Smith Chief Deputy 2'HI JA -1 PH 12` 1 1 Richard W Stewart Solicitor ri t ' D' P EEN'S, YL'f. Citibank (South Dakota) N.A. Case Number vs. 2010-6812 Lynn Brett SHERIFF'S RETURN OF SERVICE 12/29/2010 07:19 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on December 29, 2010 at 1919 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lynn Brett, by making known unto herself personally, at 115 Charlotte Way, Apartment 301, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. DENNI FRY, DEP SHERIFF COST: $41.50 January 04, 2011 SO ANSWERS, RON qY R ANDERSON, SHERIFF CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff V. LYNN BRETT 115 Charlotte Way Apt 301 Enola PA 17025-1517 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA •: `3 rv NO. 10-6812 CIVIL TERM =M M t.n r` i -<> CIVIL. ACTION - L,AW; -n w? N Praecipe for Default Judgment 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 $6,846.90 $6,846.90 r V..? .s,.q TM 7V 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. NO E IV7DER PA.R.CIV.P. 236 Pro Prothonotary Burton Neil & Associates, P.C. By:_ Trenton A. Farmer, Esquire Attorney for Plaintiff I.D. NO. 209422 1060 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. 00J, 1??Yikw C-41465 (11C##" G c1 '?; t-t he ZI,Ikt-t 904 ffg )l01t?' 6l lC? ?. Jt,. CITIBANK (SGUTH DAKOTA), N.A. : IN THE COURT OF COMMON PLEAS C-41465 Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-6812 CIVIL TERM LYNN BRETT Defendant : CIVIL ACTION - LAW TO: Lynn Brett 115 Charlotte Way Apt 301 Enola. PA 17025-1517 DATE OF NOTICE: January 21, 2011 IMPORTANT NOTICE 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 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. 717-249-3166 or 800-990-9108 In making this communication, we advise our office is a debt collector. Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire Attorney for Plaintiff Identification No. 209422 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire ID. NO. 209422 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 V. LYNN BRETT : CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6812 CIVIL TERM Defendant : CIVIL 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 r-Y Prothonotary By: eputy If you have any questions concerning the above, please contact: Trenton A. Farmer, 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.