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HomeMy WebLinkAbout10-7807FILED-OFFICE ~~' ~I'i~ ~~f~~T~~E`t~T~'~~~i' Burton Neil & Associates, P.C. By: Derek C. Blacker, Esquire ID. N0.202150 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. JANET LEITZEL 26 Swartz Road, Newburg PA 172409130 Defendant 1~1D 0~1; 20 PM 3~ ~`3 ~'~s~BERI-AQ u~U~d " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1 ~ '~ 0 ~ I 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-41381 Coq' a~s~- ~~ as Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 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. NO. i~L~ - ~ ~d 7 p ~/ ~ I JANET LEITZEL 26 Swartz Road, Newburg PA 172409130 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 Janet Leitzel, who resides at 26 Swartz Road, Newburg, 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 2575 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 $7,976.52 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 $7,976.52, and the costs of this action. Burton P~el~~ Associates, P.C. By: Der Blasker, Esquire Attorney or Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. 4 ' Sears MasterCard® Call us at 1-800-889-8488 Manage your account and pay your bill at www.searscard.com Write to us at PO Box 828'1 Sioux Falls, SD 57117-8282 JANET LEITZEL ' Account Number: -2575 Pe meet Due Date Page 1 of 2 06/25/2010 Summary of Account Activity Previous Balance $7,771.54 Payments $o.oo Other Credits $o.oo Purchases $o.oo Cash Advances $o.oo Fees Charged +;39.00 Interest Charged +;185.98 New Balance $7,976.52 Past Due Amount $808.85 Credit Limit $7,600.00 Available Credit -$37s.oo Cash Advance Limit $so.oo Available Cash Limit $o.oo Amount Over Credit Limit $376.52 Statement Closing Date 05/28/2010 Days in Billing Cycle 30 ai payments must recei y at Pa ment InfonTtation the address for payments by the payment due date. New Balance $7,976.52 Minimum Payment Due $1,470.35 Payment Due Date 06!25/2010 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 vriU pay :off the And you will charges using this card balance shown on this end up paying an and each month you pey... staiemenf in about... estimated total of... Only the minimum payment 29 years $22,189 $320 3 years $11,524 (Savings= $10,665 ) If you would like information about credit counseling services, call 1-877-337-8188 Transactions Trans Date Post Date Description 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 123.37 05/28/10 05/28/10 Interest Charge on Cash Advances 42.61 TOTAL INTEREST FOR THIS PERIOD 185.98 YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $7,771.54, 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. Please detach this portion and return with your payment to insure proper credit. Retain upper porion Tor your records. Sears MasterCard® Account Number: - 2575 Payment Minimum New Balance Due Date Payment Due Amount Enclosed $7,976.52 06/25/10 $1,470.35 0104715 X 18 A 10148 1 TXS503 FVG 001 7 N IIII1111111'IIII'IIIII1111'111'rill"1111111"III11111'II11111111 Makecheckpayableto JANET LEITZEL SEARS CREDIT CARDS 26 SWARTZ RD PO BOX 183082 NEWBURG PA 17240-9130 COLUMBUS, OH 43218-3082 Ilrllrlrlrlrlrlllrlny'III'I'1111'llllllll'I"IIi111'lllll'rln Please make address changes on reverse side. ~~\ \~ ~~ 100 0797652 0147035 0000000 1911 INerrapHsn Abort Yaw AaxNat. NN to Avid PayiN Interest a Paclrases. Your payment due date is at least 25 days aster the close of each hllling cycle. We will not charge you any Interest on 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 Balance in full by the payment due date, you will not get a grate 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 accountl 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, ([he "excluded promotional balances? from the amount you must pay in full to get a grace per od except for any separately required payment on that balance. In billing cycles in which payments are allocated to deferred 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. Other promotional offers not described above may also allow you to have a grace period On purchases without having t0 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. Nest Ne CaleWnte Yar Dalaree Sriject G Interest pate. We use a daily balance method (including current transactions) to calculate interest charges. io 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. laterest Cbar~ed. 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). 1Fansactien Date. The Transaction Date shown on the statement is also the Sale Date. NearbersYp fee. To avoid paying this tee, 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 Aeaant h SrdiJeet To TM PepltT App, Now Lag WID TN PeaaHT APp ApfT3 The Penalty APR will apply until you make f2 consecutive minimum payments on time and do not gd 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. Credfl Itepaity DNptes. If you think we reported Inaccurate information to a credit bureau write us at "Write to us at" address shown on the front. Mpat a Lost a Stokn Card brrrreabNr, Call the "Callus at"number shown on the front. 1fDrat To Do H Ya 1fNrlt Yu Fled a Nisfake a Year StateweM Ii you think there is an error an 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 amount: The dollar amount of the suspected error. • Description of Problem: If you think there is an ercor 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 ercor appeared on your statement. You must notify us of any potential errors i ri ' .You may call us, 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 following are true: • We cannot try io 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. rir Riabts H Ybe Are Dksatlsped ~ Yar CredH Card Pareba_sK If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good fatth 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. (Nntr. 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 ar with a check that accesses your credit card account do not qualify. 3. You 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 jn writin0 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. Irapertant Paysent lastraetkas Crcitia0 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 farm after that time will be credited as of the next day. Allow 5 to 7 days for paymentr 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 (rant of the payment coupon. A payment made instore 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: • Eaebse a valid check or money order. No cash, gift cards, or foreign currency please. • laelude your name and account number on the front of your check or money order. If Too saM as Niylble eheeb vrNb tlda paTment corps. Yea antboriie as b eoraplete Tour payreeat by Neetrealc debit. M we do, the ehaeldrq aaormt rdM 6e deWted in the nroaM w the check. tfM aaT do tlds ss seon as the daT we receve the clreek. Also, tM cheek rrlD be destnyN. Copy 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. PaTaent Options Other Than ReTNu Wp. • ONire PaTaents. Visit www.SearsCard.comond 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 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. • Pay hT Phan Servla. 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 aT 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 PaTments. 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 6y 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: O1DU6057 - 2- 05/20/10 ' ~ Sears MasterCard® Call us at 1-800-869-8488 Manage your account and pay your bill at www.searscard.com Write to us at PO Box 8282 Sioux Falls, SD 57117-6282 JANET LEIT2EL Account Number: XXXX XXXX XXXX 2575 Page 2 of 2 104715 Pa ment Due Date 06/25/2010 Interest Char a 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 25.24% (d)(v) $5,947.07 $123.37 Cash Advances 27.15% (d)(v) $1,909.52 $42.61 (v) =Variable Rate Effective ANNUAL PERCENTAGE RATE: 25.70°k (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. Your account is past due and is scheduled to be closed in the near future. 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.-110 p.m. CT. • Friday 6:30 a.m.-9 p.m. CT Saturday and Sunday 8:00 a.m: 5:00 p.m. CT .~ Verification I, tea lamer , 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. ~ Q~ Signature l C-41381 Janet Leitzel Account number ending in 2575 1032 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson fILED "ICp Sheriff ??°`' ?i fllrN pRO?t'lON Jody S Smithy 2g Chief Deputy ZQ14 Q i?U?j' Richard W Stewartvt1?4??`? Solicitor Citibank (South Dakota) N.A. I Case Number vs. 2010-7807 Janet Leitzel SHERIFF'S RETURN OF SERVICE 12/22/2010 04:16 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on December 22, 2010 at 1616 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Janet Leitzel, by making known unto herself personally, at 26 Swartz Road, Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $46.00 December 27, 2010 RYAN BURG , SO ANSWERS, RON R ANDERSON, SHERIFF