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HomeMy WebLinkAbout10-7076„. j y Burton Neil & Associates, P.C. By: Yale D.'Weinstein, Esquire ID. NO. 89678 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 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. SHERRI LAIRD REFF NO. 1204 Montrose Circle, Mechanicsburg PA 170507320 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 maybe 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-42099 Lou 2? a? Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 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. SHERRI LAIRD REFF 1204 Montrose Circle Mechanicsburg PA 170507320 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 Sherri Laird Reff, who resides at 1204 Montrose Circle, 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 GOLD MASTERCARD credit card with account number ending in 7135 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 $2,108.79 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 $2,108.79, and the costs of this action. The law firm of Burton Neil & Associates, P.C. is a NUasteif Esquire for Plaintiff _ Sears Premier MasterCard Call us at1-800-669-8488 Manage your account and pay your bill at7iiinwnsearscard.com _ Write to us at PO Box 6282 Sioux Falls, SD 57 1 1 7-6 282 SHERRI LAIRD REFF ' - Account Number:4000100OW7135 Payment Due Date Page 1 of 2 07/04/2010 Summary of Account Activity Previous Balance - $2,025.81 Payments $0.00 ' -Other Credits $0.00 Purchases $0.00 Cash Advances $0.00 Fees Charged +$39 ' 00 Interest Charged +$43.98 New 'Balance $2,108.79 Past Due. Amount $521.23 Credit Limit $9,300.00 Available Credit $0.00 Cash Advance Limit $250.00 Available Cash Limit $0.00 Amount Over Credit Limit $0.00 Statement Closing Date 06/07/2010 Days in Billing Cycle 31 Mailed payments must be received by 5:00 PM at Payment Information the address for payments by the payment due date. .New Balance - $2,108.79 Minimum Payment Due $626.21 Payment Due Date 07/04/2010 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 snake no additional_FYou will payoff the And you will charges using this card balance shown on this end up'paymg all and each month you pay_. statement in about... estimated total of... Only the minimum payment 16 years $4,681 $84 3 years $3,028 (Savings= $1,653) If you would tike information about credit counseling services, call 1-877-337-8188 Transactions Trans Date Post Date Description Amount Fees 06/04/10 06/04/10 LATE PAYMENT FEE 39.00 TOTAL FEES FOR THIS PERIOD 39.00 Interest Charged 06/07/10 06/07/10 Interest Charge on Purchases 43.98 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 43.98 YOUR LATE FEE WAS BASED ON AN ACCO UNT BALANCE OF $2,025.81, WHICH WAS YOUR ACCOUNT BALANCE ON THE LATE FEE TRANSACTION DATE. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION This Account is Issued by Citibank (South Dakota), N.A. '.I Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records. Sears Premier MasterCarde Account Number: INEIMMM7135 Payment Minimum New Balance Due Date Payment Due Amount Enclosed $2,108.79 07/04/10 $626.21 0080150 ED 03 B 10158 1 TXS503 FVG 001 7 N 1111 i?????Illl?lll?11Ill 11lIlill1111l1111 Make check payable to SHERRI LAIRD REFF SEARS CREDIT CARDS 1204 MONTROSE CIR PO BOX 183082 MECHANICSBURG PA 17050-7320 COLUMBUS, OH 43218-3082 I'I?I?I??I?Irr?I?IIILII'?I??II?h?I?I???III?II?I?????IIIII??IIh Please make address changes on reverse side. 100 0210879 0062621 0000000 0310 Information About Your Account. While you do not have to pay the amount in question, you are responsible for the Now to Avoid Paying interest on Purchases. Your payment due dat€as at least 25 days u , remainder of your balance. - 6 after the close of each billing cycle. We will not charge you any interest on purchases if - We can apply any unpaid amount against your cre dit limit. you pay your New Balance by the payment due date each month. This is called a grace Your Rights if u Are With Your Credit Card Purchases period on purchases. If you do not pay the New Balance in full by the payment due date. If you are dissatisfied with the goods or services that you have purchased with your credit you will not get a grace period on purchasesuntil you pay the New Balance in full for two card, and you have tried in good faith to correct the problem with'the merchant, you may billing cycles ina row. We will begin charging interest on cash advances and balance have the right not to pay the remaining amount due on the purchase. transfers (if available on your account) on the transaction date. To use this right. all of the following must be true: If you have a balance subject to a deferred interest promotion, that balance is excluded, 1. The purchase must have been made in your home state or within 100 miles of except for a deferred interest balance in a billing cycle in which the promotion expires your current mailing address, and the purchase price must-have been more than before the payment due date, (the "excud_eddrromotional balances") from the amount -M.-(Note: Neither of these are necessary if your purchasewas based on an you must pay in full to get a grace period except for any separately required payment on advertisement we mailed to you, or if we own the company that sold you the that balance. In billing cycles in which payments are allocated to deferred interest goods or services.) balances first, the deferred interest balance will be reduced before any other balance on 2. You must have used your credit card for the purchase. Purchases made with cash the account. However, you will continue to get a grace period on purchases so long as advances from an ATM or with a check that accesses your credit card account do you pay the New Balance less any excluded promotional balances in full by the payment not qualify. due date each billing cycle. 3. You must not yet have fully paid for the purchase. In addition, certain promotional offers may takeaway the grace period on purchases. Other 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. How We Calculate Your Balance Subject to Interest Rate. 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). Transaction Date. The Transaction Date shown on the statement is also the Sale Date. Membership 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. II Your Account Is Subject To The Penalty APR, Now Long Will The Penalty APR Apply? The Penalty APR will apply until you make 12 consecutive minimum payments on time and do not go over your credit limit ormake 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. If youthink we reported inaccurate information to a credit bureau write us at "Write to us at" address shown on the front. Report a Lost or Stolen Card Immediately. Call the "Call us at" number shown on the front. What To Do if You Think You Find a Mistake 'on Your Statement 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 vie determine that we made a mistake, you will not have to pay the amount in question oranyinterest or other fees related to that amount. ".III, If all of the criteria above are met and you are still dissatisfied With the purchase, contact us in writinq at the address shown on the front where Ii says "Write to as 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 thatpont, if we think you owe an amount and you do not pay we may report you as delinquent. Important Payment Instructions. Crediting Payments. If we receive your payment in proper form at our processing facility by 5 p.m. 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 S to 7 days for payments by regular mail to reach us. There maybe a delay of up ?o 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. 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 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. If we do, the checking account will he debited 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 S3 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. I 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 the 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. Pay 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 &edited 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 format 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 a's of the next day. SMC(TGI/SCC/SUM11's 3/10 New Address If your address has changed, please print any changes below. Name: Street Address: City, State, Zip: Phone: OIDU6057 - 05/20/1.0 w - Sears Premier MasterCard Can us at 1-800-669-8488 Manage your account and pay yourill at wwsearscard.com Write to us at PO Box 6282 Sioux Falls, SD 57117-6282 pay rnent Due Date SHERRI LAIRD REFF _ -- -A_ccount Number: XXXX?(XXX XXXX 7135 Page 2 of 2 _ 0 80150 L27104/201 Interest Charge=£alculation 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 25.24% (d)(v) $2,051.97 $43.98 Cash Advances 27.15% (d)(v) $0.00 $0.00 (v) =Variable Rate Effective ANNUAL PERCENTAGE RATE: 25.24% (d) = Daily (m) = Monthly 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 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 unsworn falsification to authorities. I? Si ature IIII IC-42099 Sherri Laird R.eff Account number ending in 7135 1032 II' ?I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r at wribr?Frd OFFICE ;F -HE ErER1FF FILED-OFFICE OF THE PROTHONOTARY Jody S Smith Chief Deputy Richard W Stewart Solicitor 2018 DEC -2 FM 3: 44 CUMBERLAND COUNTY PENNSYLVANIA Citibank (South Dakota) N.A. vs. Sherri Laird Reff Case Number 2010-7076 SHERIFF'S RETURN OF SERVICE 11/29/2010 05:05 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on November 29, 2010 at 1705 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sherri Laird Reff, by making known unto herself personally, at 1204 Montrose Circle, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 November 30, 2010 RYAN BURGETT, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (C) CouniySUte Sheriff. Ieleosoft Inc 0'? THE PRBOT 0 4? ?A R 2010 DEC 27 PM 3: 24, CUMBERLAND COU!: PENNSYLVANIA' Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. SHERRI LAIltD REFF Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7076 CIVIL ACTION - LAW Praecipe to Settle, End, & Discontinue To the Prothonotary: Mark the above matter Settled, Ended and Discontinued Burto eil associates, P.C. By Y D.W-einstein, Esquire ornev for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-42099