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HomeMy WebLinkAbout10-7620FlLE~-b~'~~CC ~~ r~~ P~o~~~~HC~ i~~i Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire 1D. 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 Plaintiff v. VINCENT L BASKERVILLE 319 3rd Street Apt 2, Enola PA 1 7025-3 1 1 2 Defendant z~ ~ ~ ~~C i o ~~ ~: ~ ~ ~'~JM(~BCE~tRLcA~/~tD gC,CilJ~°~ i ` f L1~r? I ~~,*ii'~t~i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1~~~~a6 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-43746 y~r~ Da n~i~-+'Id ~~ ~'w X51 ~,saa-~ Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire ID. N0.209422 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 Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VINCENT L BASKERVILLE NO. ' ~ ~- ~ ~ ~ Q C !~ y 319 3rd Street Apt 2, Enola PA 17025-3112 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 Vincent L Baskerville, who resides at 319 3rd Street Apt 2, 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 4947 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 $1,681.49 which sum reflects the Exhibit A statement balance less credits, if any, which were applied subsequent to the date of Exhibit A. Wherefore, plaintiffdemandsjudgment against defendant for the sum of $1,681.49, and the costs of this action. Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. Sears MasterCard® Call us at 1-800-6N-8488 Manage your account and pay your bill at wttvw.searscard.com Write to us at PO Box 8282 Sioux Fails, SD 57117-8282 VINCENT L BASKERVILLE Account Number: ~ 4947 Page 1 of 2 Summa of Account Activ' Previous Balance $1,635.85 Payments $0.00 Other Credits $0.00 Purchases $0.00 Cash Advances $0.00 Fees Charged +;39.00 Interest Charged +;35.56 New Balance $1,710.41 Past Due Amount $461.11 Credit Limit $1,370.00 Available Credit $0.00 Cash Advance Limit $50.00 Available Cash Limit $0.00 Amount Over Credit Limit $340.41 Statement Closing Date 07/05/2010 Days in Billing Cycte 31 Transactions Trans Date Post Date Amount Fees 07/01/10 07/01/10 LATE PAYMENT FEE 39.00 TOTAL FEES FOR THIS PERIOD 39.00 Interest Charged 07/05/10 07/05/10 Interest Charge on Purchases 35.56 Interest Charge on Cash Advances 0.00 - TOTAL INTEREST FOR THIS PERIOD 35.56 2010 Totals Year-to-Date Total Fees Char ed in 2010 $300.45 Total Interest Charged in 2010 $212.67 YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $1,635.85, WHICH WAS YOUR ACCOUNT BALANCE ON THE LATE FEE TRANSACTION DATE. C,~~~~~ NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION This Account is Issued by Citibank (South Dakota), N.A. Please detach this portion and rotum with your payment to insure proper credit. Retain upper portion for your records. Sears MasterCard® Account Number: ~ 4947 Psymer7t Ailinimum Naw Balance Dw Dats Payment Dus Amount Eneloesd $1,710.41 08/01/10 $894.08 0085058 EX 01 B 10786 1 TXS503 FVG OOt ~ N ~lili17111i~lll~lll~~l~lli~d~hihli~ill~l~~~~~li~lllhhililn Makecneckpayableto VINCENT L BASKERVILLE SEARS CREDIT CARDS 319 3RD ST APT 2 PO BOX 183082 ENOLA PA 17025-3112 COLUMBUS, OH 43218-3082 d~lh~llil~~nlllll~l~hll~irlli~ilh~lir~llliu7l~li~l~lln~l Please make address changes on reverse side. 100 0171041 0089408 0000000 0110 Pa mant Due Date 08/01/2010 ai ed payments must received by 5: at Pa mtent Information the address for payments by the payment due date New Balance $1,710.41 Minimum Payment Due $894.08 Payment Due Date 08/01/2010 Late Payment Waming: 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 Waming: 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 y©u make no additional You will pay off the And you will charges using this card balance shown on this ertd up paying an and eaeh month you pay... statement in about... estimated total of::. Only the minimum payment 14 years $3,609 $68 3 years $2,456 (Savings= $1,153 ) If you would like information about credit counseling services, call 1-877-337-8188 H EXHIBIT, lefenaafien Ahem Yew Aa»rt. INr fe AweN M~1 Nrterest er Pwelr»es. Your payment due date is at least 25 days after the close of each billing cycle. We will not charge you any interest an purchases if 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 3alance 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 IfanSfefS (if available On your acdDUnl) On the tfanSa[tlgn date. If you have a balance subject to a deferred interest promotion, that balance is excluded, except far 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 yon 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 deferred interest halances first, the deferred interest balance will he reduced before any other balance on the account However, you will continue tg get a grace period on purchases sa long as you pay the New Balance less any excluded promotional balances in full by the payment due date each Dillinq cycle. In addition, certain promotional offers may take away 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. INr fre Calsrlete 1Nar Bslante b Irttarest llele. We use a daily balance method (including current transactansi 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 Irtend ~. The Interest Charged on Purchases shown on the front includes the interest charged on al I purchases and balance transfers (if balance transfers are available on your account). Trawetl» Rabe. The Transaction Oate shown on the statement is also the Sale Date. MewMrsYP F». Tg avoid paying this tee, notify us that you are closing your account within 30 days of the mailing or delivery dale of the statement on which the fee is billed. If Yew AerxM•t h Sheet Te TY Pe»Nr AIxN, Nn ~ WN TN fknNT AM ArpYl The Penalty APR will apply until you make 12 consecutive minimum payments on time and do not ga aver your credit limit or make a payment that is returned or do any of these things on another account that you have with u5 during that time period. The Penalty APA may end sooner in accordance with your card agreement, ar if required by applicable law. Credit Rgertiy Olyrtes If you think we reported inaccurate information to a credit bureau write us at "Write to us at"address shown on the front. RepeA a lest or Staler Call tYrAe~ Call the "Call us at" number shown on the front. Ytlsl Ts M N Yer TiYk Yer FiW a kistale » Yew Statenart 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 fallowing information: • Account information: Your name and account number. • Dollar arrount: 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 callus, 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 cgllect the amount in question, or report you as delinquent on that amount. • The charge in question may remain on ygur statement, and we may continue to charge you interest on that amount. 8u1. if we determine foal we made a mistake, you will not have tg 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 tie remainder of your DaWnce. • We can apply any unpaid amount against your credit limit. Year i~ Thr An DbsN,hlkd witY Yma CnNt GN Prrdresa If you are dissatisf'red with the goods or services that you have purchased with your credit card, and you have tried in good faith to cared the problem with the merchant, ydu may have the right not to pay the remaining amount due an the purchase. Ta use this right, all of the following must he 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 $50. iNate: Neither of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company [hat sold you the goods or services.! 2. You must have used your credit card tar the purchase. Purchases made with cash advances from an ATM or rvith a check that accesses your [relit card account do not qualify. 3. Ygu must not yet have fully paid for the purchase. Ii all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing 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 gur investigation, we will tell you our decision. At ;hat point, if we think you owe an amount and you do not pay we may report you as delinquent. Inpert»t Perlr»t Irstrretlers. CreNtYq PaTnpltt. 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 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 read[ us There may be a delay of up to 5 days in crediting a paymerd we receive that is not in proper form or is not sent to the torcect address. The mrrect address for regular mail is the address an the front of the payment mupan. A payment made inslore is not sent to the correct address. The correct address for courier ar express mail is the Express Payments Address shown below. Proper Feer4 For a payment sent by mail or courier to be in proper form, you must: • Erebse a valid check or money order. No cash, gift cards, or foreign currency please. • Irdrde your name and account number on the front of your check or money order. If Teu serN» NIpMe elresl rki tlds Prywerrt tester, y» autheNn rs b sarrPMte r»r IlareMt N Neefrds deity. N w d0. ire elrelky aearnt r~ M de6lbd Ir tlN arnrrl » fit eMel. Mh nor de tld! of scot is tie day we ratehre tth sleek. Aloe, the beck adu N destnyei CoPr Fee. We charge $3 far 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 Dillinq error or disputed purchase. hyrrert pPlilere OtMr Tor Ilgslr MeN. • OaNee Parrreats• Visit www.5earsCard.comond 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 ttedit 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. • Petr IT Phere Sella. 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 ezpedite 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 nett day. We may process your payment electronically after we verity your',dentity. • [aprest Pgrrrrts. You can send payment by courier or express mail to the Express Payments Address. This address is: Payments Department 1500 Boltonfield Street, Columbus, ON A3228. 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 De credited as of the next day. SMC/TGIISCC/SCPJHIPs 3/ID New Address If your address has changed, please print any changes below. Name: Street Address: City, State, Zip: Phone: o t Duros~ - 2- os~2on o Sears MasterCard® call us ar 1-soo-s~-e4es Manage your account and pay your bill at www.searscard.com Write to us at PO Box 6282 Sioux F~Is, SD 57117-6282 VINCENT L BASKERVILLE Account Number. XXXX XXXX XXXX 4947 Page 2 of 2 85058 YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST DUE IS SHOWN ABOVE. ARRANGEMENTS FOR FUTURE PAYMENTS SHOULD BE MADE IMMEDIATELY. Pa ment Due Date 08!01 /2010 Interest Char Calculation Your Annual Percents 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) $1,659.21 $35.56 CASH ADVANCES 27.15% (d)(v) $0.00 $0.00 (v) =Variable Rate (d) =Daily (m) =Monthly Your past due amount may be a number. But you're definitely not. You're our Customer. We value our relationship with you. Let us help you take care of your past due amount so you can avoid future late fees. We'll look at your account on an individual basis and work with you to come up with a payment solution for your unique situation. Call us and you'll find someone who's ready to listen and who can help you get back on your feet. Call today to see what payment options may be available to you 1-866-518-9054 Verification Lisa Blumtr 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. r Signature C-43746 Vincent L Baskerville Account number ending in 4947 1032