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HomeMy WebLinkAbout10-7618FlLEQ•0~"FlC~' ~`~ T~~ PRfI~'~L1~?(l~'ia~;'a' 2~ 10 ~~C { 0 P~ 2~ C? 3 Cl1M~E~LAl~n CCU~~' ~Ei~~~"dSYLYA~fA Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire 1060 Andrew Drive, Suite 170 ID. NO. 89678 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. RICHARD L SHUGHART 4 Todd Circle Apt B, Carlisle PA 17013-3576 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. I V ~"~ ~ l Q. 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 HIItING 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-41804 h~ ~"ktiga~~ ~ ~ c~p3o to ~~ a5~~1D~ 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. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD L SHUGHART NO. ~ ~ ~ `] ~ ~ ~ ~ ~ v ," ~ tom! n1 4 Todd Circle Apt B Carlisle PA 17013-3576 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 Richard L Shughart, who resides at 4 Todd Circle Apt B, Carlisle, 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 1799 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 $3,181.98 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 $3,181.98, and the costs of this action. Burton Neix& Asshc`ia~Ees. P.C. By: Yale einstein, Esquire Atto for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt Sears MasterCard® Call us at 1-800-669-8488 Manage your account and pay your bill at wtivw.searscard.com Wrfte to us at PO Box 8282 Sloux Falls, SD 57117-6282 RICHARD L SHU HART Pa ment Due Date Account Number. 1799 Page 1 of 2 06/25/2010 Summa of Account Activi Previous Balance $3,077.71 Payments $o.oo Other Credits $o.oo Purchases $o.oo Cash Advances $o.oo Fees Charged + $39.00 Interest Char ed + $65.27 New Balance $3,181.98 Past Due Amount $353.75 Credit Limit $12,200.00 Available Credit $s,ol8.00 Cash Advance Limit $so.oo Available Cash Limit $o.oo Amount Over Credit Limit $o.oo Statement Closing Date 05/28/2010 Days in Billing Cycle 30 Mailed payments must be receiv by 5:00 PM at Pa ment Information the address for payments by the payment due date. New Balance $3,181.98 Minimum Payment Due $490.02 Payment Due Date 06/25/2010 Late Payment blaming: 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 blaming: 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 tto additional You wiU pay off the Anti you will charges using this card balance shown on this end up payi»g an and each month you pay... statement in about... estimated tote! of... Only the minimum payment 21 years $8,362 $127 3 years $4,585 (Savings= $3, 777 ) If you would like information about credit counseling services, call 1-877-337-8188 Transactions Trans Date Post Date Descriptbn Amount Fees 05/25/10 05/25/10 LATE PAYMENT FEE 39.00 TOTAL FEES FOR THIS PERIOD 39.00 Interest Charged 05/28/10 05/28/10 Interest Charge on Purchases 55.75 05/28/10 05/28/10 Interest Charge on Cash Advances 9.52 TOTAL INTEREST FOR THIS PERIOD 65.27 YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $3,077.71, WHICH WAS YOUR ACCOUNT BALANCE ON THE LATE FEE TRANSACTION DATE. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ThIs Accourrt Is Issued by Citibank (South Dakota, N.A. Please detach this portion and relum with your payment to insure proper credit. Retain upper por8on for your records Sears MasterCard® Account Number. ~ 1799 Payment Minimum Nsw Balance Dus Date Paymsnt Due Amount Enclosed $3,181.98 06/25/10 $490.02 0102931 D 18 A 10148 1 TXS503 FVG 001 7 N 111~1~111i11II1~1~11"I"I~I~~11111i~~II'II~"'1~111~~1111~1~111' Make check payable to RICHARD L SHUGHART SEARS CREDIT CARDS 111 SUSAN LN PO BOX 183082 CARLISLE PA 1 701 3-1 066 COLUMBUS, OH 43218-3082 III'~'Il~ll~~rl~l~llll~~lll~ll~lril~llrllrllll'll~'~I'I'~'ll~ll~ Please make address changes on reverse side. ~; 100 0318198 0049002 D000000 1913 lafaroratlon Afeoat Yarr Aeeoeet. Haw h AwN Payly Interest ae Purdgses. Your payment due date is at least 25 days . after the close of each billing cycle. We will not charge you any interesllon purchases ii ~.'" you pay your New Balance by the payment due date each month. This is called a grace period on purchases. If you do not pay the New Balance in toll 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 rash 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 deterred 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 [he New Balance less any excluded promotional balances in full 6y the payment due date each billing cycle. • 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 1(mit. Ywr Rldrts N Yho Are 1Mssat(sfled tiith Yarr CredN Cant Prehases If you are dissatisfied with the goods or services that yvu have purchased with your credit card, and you have tried in goad faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due an the purchase. To use this right, alt 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 mare than 550. (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. In addition, certain promotional offers may take away the grace period on purchases. If all of the criteria above are met and you are still dissatisfied with the purchase, Other promotional offers not described above may also allow you to have a grace period contact us in writing at the address shown on the front where it says "Write to us at." on purchases without having to pay all or a portion of the promotional balance by the payment due dale. If either is the case, the promotional offer will describe what happens. Flaw Me Cakdate Yaer Balerroe Seljcet b Interest Mete. We use a daily balance method (including current transactiansl to calculate interest charges. To find out more infarmalion about the balance computation method and how the resulting interest charges were determined, contact us at the "Call us aY' number on the front. letenst CMrga1. The Interest Charged on Purchases shown on the front includes the interest charged an all purchases and balance transfers (if balance transfers are available on your account). Rraasactbn Date. The Transaction Date shown on the statement is also the Sale Date. Ma~harsYp 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 Yerr Aeaart h Suyeet TO rid PeesRy APR, tllar Lag Mi rig PeeaNy APR App1y5' 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 ar 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. Cra1N Roportiy OhMtes. If 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 ar Stelee Grd krrrpfaGlP Call the "Call us at" number shown on the (root. tRrM m 6o N Ya rihk Yw Fhd a Mbfahe ae roar statareeet 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 ak" In your letter, give us the fallowing information: • A~gynt infppr~aton~ Your name and account number. • Dollar amount: The dollar amount of the suspected error. • Descriotion of Prohlem: If you think there is an error an your bill, describe what you believe is wrong and why you believe it is a mistake. You must contact us within fi0 days after the error appeared on your statement. You must notify us of any potential errors jn writing. You may callus, but if you da 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 lollowinq are true: • We cannot try to collect the amount in question, ar report you as delinquent on thatamount. • 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 ar any interest or other fees related to that amount. 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. Iapertaet hyerart Ioatrretiees. 17edkiq Psyomets. If we receive your payment in proper form at our processing facility by 5 p.m. local time there, it wilt be credited as of that day. A payment received therein 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 cretlNinq 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 Fora. for a payment sent by mail or courier to be in proper form, you must: • Eeehse a valid check or money order. No cash, gift cards, or foreign currency please. • IrrelWa your name and account number on the (rent of your check or money order. If you send ae d1~iMe drosk wkh thh payerant eeapee, Parr aWhaisa es b earephta ~ PaY~t W ahetreele dehR. M we da. Cho sbeewy aeeeerrt sdN N dehltsd h W aeraeet w Na cheek. INa onry M Nds a sooe as tlra day sn reeeiw the chock Also, W eked[ rdR M destroys/. Copt Fsa. We charge $3 far each copy of a hitting statement that dates back 3 months or more. We add the fee to the regular purchase balance.lVe waive the fee if your request for the copy relates to a billing error or disputed purchase. PayaeM ~lhes Other rise Ryder Mai. • ONkre Payresetf. 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. It we receive your request to make an online payment after that time, we will credit your payment as of the nett day For security reasons, you may be unable to pay your entire New Balance with your first online payment, • Pay ky PMee SaYlee. Yau may use this service any time to make a payment by phone. You will he charged 510.00 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 6e credited as of the next day. We may process your payment electronically after we verify your identity. • Espross Payeenh. Ybu can send payment by courier or express mail to the Express Payments Address. This address is: Payments Department, 1500 Boltonfield Street, Columbus, OH A3228. 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 as of the next day. SMC/TGIISCC/SCP/HIPS 3/10 New Address If your address has changed, please print any changes below. Name: Street Address: City, State, Zip: Phone: ~"i°~°~"~ ~',~ ° ~ ot~ucos~ " 2- osizouo Sears MasterCard® Call us at 1-800-668-8488 Manage your account and pay your bill at www.searscard.com ' Write to us at PO Box 6282 Sioux Falls, SD 57117-6282 RICHARD L SHUGHART Pa merit Due Date Account Number. XXXX XXXX XXXX 1799 Page 2 of 2 06/25/2010 102931 Interest Char a Calculation your Annual Percents a 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 25.24% (d)(v) $2,687.25 $55.75 Cash Advances 27.15% (d)(v) $427.03 $9.52 (v) =Variable Rate Effective ANNUAL PERCENTAGE RATE: 25.50% (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. 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 pm. CT. • Friday 6:30 a.m.-9 p.m. CT Saturday and Sunday 8:00 a.m.-5.'00 pm. CT Your account is past due and is scheduled to be closed in the near future. 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 unsworn falsification to authorities. Signature C-41804 Richard L Shughart Account number ending in 1799 1032 y LJ X014 FEB P/'l 2: PEn�s Y1 VA 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 Plaintiff CUMBERLAND COUNTY,PENNSYLVANIA V. NO. 10-7618 RICHARD L SHUGHART Defendant : CIVIL ACTION-LAW Praecipe to Satisfy Judgment To the Prothonotary: Mark the judgment Satisfied . Burton N ' sociates, P.C. By: le einstein, Esquire ttorney 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. C-41804/-3f-8 ICJ' U Q C[ / 3 y�sa j2� pia��