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HomeMy WebLinkAbout10-7159.y , 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. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AUBRIE J DIRKS MOYER ; NO, ~ ~ -~ 1427 English Drive Mechanicsburg PA 170555686 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-41156 ,~ Q S ~~ ~qa~ ~`~ ~g~3 ~Q~a5~1 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. 701 East 60th Street N Sioux Falls, SD 57117 1N THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. AUBRIE J DIRKS MOYER 1427 English Drive Mechanicsburg PA 170555686 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 Aubrie J Dirks Moyer, who resides at 1427 English 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 GOLD MASTERCARD credit card with account number ending in 8863 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 $4,965.58 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 $4,965.58, and the costs of this action. Burton Neil & Associates, P By: Neil Sarker, squire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. 't ., Sears MasterCard® Call us at 1-800-686-8488 Manage your account and pay your bill at www.searscard.com Write to us at PO Box 8282 Sbux Falls, SD 57117-6282 AUBRIE J DIRKS MOYER Account Number: ~ 8883 Page 1 of 2 Summa of Account Actly Previous Balance $4,8o2.5s Payments $0.00 Other Credits $o.oo Purchases $o.oo Cash Advances $0.00 Fees Charged + $39.00 Interest Cha ed +:124.00 New Balance $4,965.58 Past Due Amount $1,101.78 Credit Limit $4,000,00 Available Credit $o.oo Cash Advance Limit $50.00 Available Cash Limit $0.00 Amount Over Credit Limit $ss5.58 Statement Closing Date 05/21/2010 Days in Billing Cycle 31 Pa meld Due Date 06/17/2010 Maibd payments must be race y at Pa ment Information the address for payments by the payment due date. New Balance $4,965.58 Minimum Payment Due $2,280.36 Payment Due Date 06/17/2010 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. Mlnlmum 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 additianai You wiN pay off the And;you will cltargea uaing,this card balance shown on this end uP l~'nnB ~ and each month you pay... statement in about,.: estimated total of... Only the minimum payment 24 years $13,444 $211 3 years $7,587 (Savings= $5, 857 ) If you would like information about credk counseling services, call 1-877-337-8188 Previous Reward Points Balance p Reward Points Earned This Period p Adjustments to Reward Points 0 Reward Points Redeemed This Period 0 Ending Reward Points Balance 0 Your Sears Choice Rewards Summary Transactions Trans Date Post Date Description ~~~ Fees 05/17/10 05/17/10 LATE PAYMENT FEE TOTAL FEES FOR THIS PERIOD 39.00 39.00 Interest Charged 05/21/10 05/21/10 Interest Charge on Purchases 124.00 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 124.00 NOTICE: SEE REVERSE SIDE FOR IMPORTANT I NFORMATION This AccourH Is Issued by Cldbank (South Dakota), NA. Please detach Mis portion and rolum vriN your payment to insure proper aedit. Refain upper portion for your records. Sears MasterCard® Account Number: ~ 8863 Paymerd New Balance Due Date Mlnlmum Payment Due Amount Enclosed $4,965.58 06/17/10 $2,280.36 0098692 EX 13 1A 10141 1 TXSW3 FVG 007 7 N I'llll~ll~~lsll"~II~I~I111'11111'~I'llll~ll~lsll~~ll'1~11"~II~' Make check payable to AUBRIE J DIRKS MOYER SEARS CREDIT CARDS 1427 ENGLISH DR PO BOX 183082 MECHANICSBURG PA 17055-5686 COLUMBUS, OH 43218-3082 'I~Illhlnhl~~luylll~~~ll~lllilll~lllllllllllll~~~llrl"1111 Please make address changes on reverse side. ~1`5~0 ~' 100 r 0496558 0228036 0000000 1311 Information AboutYour Account t~raos Period on Pudnres.You can avoid periodbfmance charges on purchases, but not on balerx~ transfers and cash access trensadrons ('d available on your accowd . Thb is contact a grace period on purchases. You can get a grace period of at least days. To do so, pay the fokoNnng anaunt by the due date every biNing cycle: • the Account Balance, less • any Deferred Interest balances that wrpire after the due date. k you do nil, yyoou wNl rrol get a grace period unless you pay the above anrouM by the due date fortwo blGrrg cycles in a mw. In addkbn, certain promotional offers may take away the grace penod on purohases. Otherpronrotbnal offers, in add'kion to DMerted lnlerestofters, may abo ekowyou to have a gg~raaocee period on purchases without having to pay ale ore portbn of the promotional belenoe bf the due date. k eitheristhecase,thepromotionalofferwi descnbewhathappens. Balance Subject to Finance Charge We use an average daily balance method (ir~ludinQ new transedions) to calculate periodic finance charges. We do this separete foreechbalance.Theaebalencesinckide,formcam~Ie regulerSeare purdaaaes, balencetrerr.#ers, dherregukrrExfemal purchases, bld Balances, cash aa~ trerrsadior~a, ark different promotional balances, as applicable to your account. (When we cabulete periodre finance charges, we treat each Deferred IMeresttransactbnseparately even'rf k hasthe semeterms asanotherDeferred Interesttrensadion.) We fpure the periodb finarxre charge by muk~rlys~g the daily balance by its dairy periodic rate. Wedothisforeach day xithe bSing cycle. Togeta daily balance, we start wkh the balance as of the end of the previous day We add any periodb finance charge on the previous days balance. (This re~ka in daffy compounding d finance charges.) VYe add any now charges yVe then subtradarry newcredits or paymarits and make atlheradpiatmerits. A Nedk baFarrca's treated as a balance of zero. For each balance, the Average Da' Balance is the average of the daily belancesduringthebifingcycle.Ifyou thsfiqureforeachbalancebyks daily periodic rate and by the number of days m the billing cycle, the resuk is the total periodic finance chhar~e on that balance. Rounding may cause a small difference. Sale Dots. The Sale Date shown on the Aa~iint Statement is also the Transaction Date. Annwl MembsnhQ Fee. Arty annual memberehipfee is biled once a year. The amount of the fee appears on the statement when the fee is billed. Vlk will refund this fee N you notify us that you are dosing your account wkhin 30 days of the mailr'ng ordelivery date of theslatemeMonwhichthefee's tolled. You wile getthe refund even k you use yourcard dudngthat period. PsnsNy APR. The Periaky APR maybe ied to your aceount if you: (1) Make a late payment; (2) Gooveryourcredd lim'd;~3) Melee a peymeMthatis returned; or (4) Do arryof the pnaceding (1)through (3) on anotheraccount thatyou have with us. NowtongWillMPe APRApply7k APRsareiricreasedforanyofthese reasons, the Renaky APR will a until you make 12 consecufive minimum payments on time and do notdo 1) through (3 strove on any account you have with us during that time period. The penaky APR may end sooner in accordance with yourCard Agreement, or if required by applicable law. Biging Rights Summary Yh Cassof EmorsorQueslionsAboutYourBill. k youthinkyourt>iN iswrorg, or 'rf you need more information about a transaction on your biN, write us at the address listed on this statement where k says "Write to us at " Wnte us as soon as possible. We must hearfromyou no laterthen ~ days afterwe send you the first bNl on which the error or problem appeared. You can telephone us, but doing so wile not preserve your righb. n your letter, give us the foNowing intormafion: -Your name and accaint number. -The dollar amount of the suspected error. - Describe the error and explain, if you can, why you believe there is an error. k ou need more intormatbn, describe the item you are unsure abort. - Please sgn your letter. You do not have to pay any amount in qqueston while we are investigating But you,are stiN obigated to ~ parts of your bdl that are nM b question. While we rnvestgate you question we cannot report you as delinquent on the disputed kemortakeany actionto coYectthe amouMyou question. Special Rule Ior Coedit Ca-d Paachases N you have a problem with the qualdy of goads or services that you purohased with a credt card, and you have tried m eeod faith to coned the problem with the merchant, you may rrd ha~re to pay the remaining amount due on the goods or services. You have thin protectionony whenthe pun;hese pdce is morefhan $50 and the purchase is made in your home state orwithin 1110 miles of yyoour mailing address. (k we own oroperete the merchant, or N ~ mailed you the advertisement for the properly or services, afl purchases are covered regardless of amount or bcatbn of purohase.) Important PaymsM Instructions Credatiaag Payments. We must receive your peyymerd in proper form at our processing facrrrl)r by 5 .m. beat time there. tF we do, kwrll be credted as of that day. A peymerd rent the processing fecdky in proper form afierthat time vriN be credked es of the need day. Albw 5 to 7 days for payments by regular mail to remch us. There may be a delay of up io 5 days in crediting a payment we receive that is not in proper rm or is not sent to the erred address. The correct address for a pa meM sent by regular mail is the address listed on the return envebpe or on the front of the payment coupon. A payment made in-store is not sent to the correct address. The correct address for a payment sent by courier or express maN sthe Express PaymentsAddressshown be~fooww~. PraperForm.Forapaymerdsentbymailorcouriertobeinproperform,youmust: • Endeseavalidcheckormoneyorder.Nocash,giftcards,orforeigncurrency se. • Muds your name and aarount number on the front of your check or money order. f you send an e6giale check wiUh this p~M ooyaon, you auywr¢e w to canplsteyourQaymentbyelectroracdebrtKwedo,thechsdcinpaccouM wiN M d m the amount on the check. tfYe may do this u soon as the daywe recsivro thecheck. Also, thscheckwfllbedestroyed. Copy Fee, tM1le charge $3 foreach copy of an account statement that dates back 3 months or more. VNe add the fee to the regular Sears purchase balance. We waive thefee'rf yourrequeslforthecopy relatesto abilling errorordisputedpurchase. Payment Options Other Than Regular Mail. • Online Payments.Yskwww.SeareCaM.comandsignupforonlinepayments. Enrollment may take a few days. If wa receive your request to make an online payment by 5 p.m. Eastern time, we wkl aedk your payment as of that day. If we receive your request to make an online payment after that time, we NnN cxedk your payrt~rit as of the next day. Forsecurdy reasons, you may be unable to payyourenhreAccount 8alancewkh yourfirstonline payment. • Pay by Phone Service. You may use this service any time to make a payment by phone. You wiN be charged $14.95 to use this service. Cale by 5 p.m. Eastern time to have yyoour payment credted as of that day. If you call after that fime, your peymentwll be credited as of the next day. We may process your payment electroribally afterwe verify your identity. • F~ghress Payments. You can send payment by courier or express mail to the Expreas9 Pa manta Address: Payments DepartmeM,1500 Bokonfiekl Street, Columbus, OH 43228. Payment must be received in proper form al the proper address by 5 p.m. Eastern time to be cred'ded as of that dayy. All paymanta received in properformatthe properaddressafterthatfimewklbecredkedas of the next day. Report a Lostor Stolen Card knmediatsl%You may caN CustomerService 24 houreaday, Idaysaweek. Account issued by Citrbaark (South Dakota), NA. 1(1037 EN Rev 01110 01 DFti057 - 3 -12/1012009 Nttw Address If your address has changed, please print any changes below Name: Street Address: City, State, Zip: Phone: Sears MasterCard® call us at,-aoo-ess-e4ea ` ~ ` Manage your acxount and pay your bill at www.searscard.com " Write to us at PO Box 6282 Sioux Falis, SD 57117-8282 AUBRIE J DIRKS MOYER Pa meM Due Date Account Number: XXXX XXXX XXXX 8883 Page 2 of 2 06/17/2010 saes2 YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $4,802.58, 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. Interest Char Calculation Your Annual Percents a 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 29.99% (d) $4,868.53 $124.00 Cash Advances 29.99% (d) $0.00 $0.00 (v) =Variable Rate Effective ANNUAL PERCENTAGE RATE: 29.99% (d) =Daily (m) =Monthly Cardmember News Please see the enclosed privacy notice for important information. 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, , 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. C-41156 Aubrie J Dirks Moyer Account number ending in 8863 1032 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY RLED-Offlr;T}?! PROTHO!,! TAP '- DEC 1 1Q 20 PM 2: 57 S?MBEPLAND ?fl't ry PENNSY LVA „1, Citibank (South Dakota) N.A. Case Number vs. 2010-7159 Aubrie J. Dirks Moyer SHERIFF'S RETURN OF SERVICE 12/13/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on December 13, 2010 at 1355 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Aubrie J. Dirks Moyer. After several attempts the Complaint and Notice has expired. SHERIFF COST: $73.00 SO ANSWERS, December 13, 2010 RONN'Y R ANDERSON, SHERIFF F i t? P0 0 1 JAH 18 i'11 LI: 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. Plaintiff V. AUBRIE J DIRKS MOYER 1427 English Drive, Mechanicsburg PA 17055-5686 Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7159 : CIVIL ACTION - LAW Praecipe to Reinstate To the Prothonotary: Please reinstate the Complaint. Burton Neil & Associates C. By: Neil Sarker, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-41156 2(i ?,? -, .. -` - 0 ', U ; i { x? { V F11 )yL'V 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. Plaintiff V. AUBRIE J DIRKS MOYER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7159 : CIVIL ACTION - LAW Praecipe to Settle, End, & Discontinue To the Prothonotary: Mark the above matter Settled, Ended and Discontinued. Burton Neil & Associate By: Neil Sarker, squire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-41156