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HomeMy WebLinkAbout11-0189Burton Neil & Associates, P.C. By: Derek C. Blasker, 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. LUCY C CARBERRY 29 N 33rd Street Camp Hill PA 170112702 Defendant i:4~-Vi 1 P~~. f" l..i ~~Y~`,~l a 'itl .. :. `: ~~~ fr~~~~~.k~L«ir~ Cul~s-~!'~~" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~~- ID ~ ~~l/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 HIl2ING 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-45319 ~(%' ~~ ~qa.~o ~~y ~g~as~rr Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. N0.202150 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 v. LUCY C CARBERRY 29 N 33rd Street Camp Hill PA 170112702 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 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 Lucy C Carberry, who resides at 29 N 33rd Street, Camp Hill, 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 5773 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 $7,893.02 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 $7,893.02, and the costs of this action. Burton 1~~>~i Associates, P.C. By: esker, Esquire Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. ' ' ~'' Sears MasterCard® Call us at 1-800-669-8488 Manage your account and pay your bill at www.searscard.com Write to us at PO Box 6282 Sioux Falls, SD 57117-6282 LUCY C CARBE~ Account Number. 5773 Page 1 of 2 Summa of Account Activi Previous Balance $7,687.38 Payments $0.00 Other Credits $0.00 Purchases $0.00 Cash Advances $0.00 Fees charged +;39.00 Interest Charged +;166.64 New Balance $7,893.02 Past Due Amount $1,531.79 Credit Limit $13,350.00 Available Credit $0.00 Cash Advance Limit $250.00 Available Cash Limit $0.00 Amount Over Credit Limit $0.00 Statement Closing Date 08/16/2010 Days in Billing Cycle 31 Payment Due Date 09/12/2010 a~ payments must a recerva by 5: at Pa ment Information the address for payments by the payment due date New Balance $7,893.02 Minimum Payment Due $1,816.43 Payment Due Date 09/12/2010 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 rro adc~tional You will pey off-the And you will charges using thts card balance shown on this end up paying an and each. month you Pay.- statement in about... estimated total of.. Only the minimum payment 28 years $20,110 $315 3 years $11,333 (Savings= $8, 777 ) If you would like information about credit counseling services, call 1-877-337-8188 Your Sears Choice Rewards Summary Previous Reward Points Balance p Reward Points Earned This Period p Adjustments to Reward Points 0 Reward Points Redeemed This Period p Ending Reward Points Balance p Transactions Trans Date Post Date Description Amount Fees ~ ,i ~l ~_. 08/12/10 08/12/10 LATE PAYMENT FEE TOTAL FEES FOR THIS PERIOD 39.00 39.00 Interest Charged 08/16/10 08/16/10 Interest Charge on Purchases 166.64 Interest Charge on Cash Advances p,00 TOTAL INTEREST FOR THIS PERIOD 166.64 NOTICE: SEE REVERSE SIDE FOR IMPORTANT I NFORMATION This Account is Issued by Citlbank (South Dakota, N.A. Please detach this portion and return with your payment tc insure proper credit. Retain upper portion for your records. Sears Mas Account Number. 5773 ymerrt Minimum Nsw Balance Dus Date Paymsnt Due Amount Erkloaad $7,893.02 09/12/10 $1,816.43 ~' 0067872 ED 09 A 10228 1 TXS503 FVG 001 7 N EACH I~ B I T ~ rllr~rl'llrllll"II'lllllrll'III''~'~'I'II~IIII~I~~~1111'~I~~'~'~ Make check payable to LUCY C CARBERRY SEARS CREDIT CARDS 29 N 33RD ST PO BOX 183082 CAMP HILL PA 17011-2702 COLUMBUS, OH 43218-3082 ~~II~II~~"I~~'~i'III'11iII~~IIII~~III~I~~~IIIII'I~I~~rllllr~ll~l Please make address changes on reverse side. 100 _ 0789302 0181643 0000000 0910 Infareretlon Alrert Ykew Aaonnt How b Aeei/ Peyiy Iwtereet en Prweheees. 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 Balance 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 tfan5fef5 (If available on yoUf attaUOf) On the tfanSartl0n 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 whkh the promotion expires before the payment due date, tthe "excluded promotional balances? from the amount you must pay in full [o get a grace period except for any separately required payment on that balance. In billing cycles in which payments are allocated to deferred interest balances first, the deterred interest ba',ance will be reduced before any other balance on the account. However, you will continue to get a grace period on purchases sa long as yoc pay the New Balance less any excluded promotional balances in full by the payment due date each billing cycle. • While you da not have to pay the amount in question, you are responsible for t7e remainder of your balance. • We can apply any unpaid amount against your credit limit. Ywl Rl~llt~1~ A~.Pfasatlslied NNIr Yser Cndlt Carl Prrdanns If you are dissatisfied with the goods or services that you have purchased with your uedit card, and you have tried in good faRh to correct the problem with the merchant. you may have the right not to pay the remaining amount due on the purchase. Ta 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 550. fMete: Neither of these are necessary if your purchase was based an 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 far 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 adcition, certain promotional offers may take away the grace period on purchases. It 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 date. If either is the case, the promotional offer will describe what happens. INw tie Celalete rig Selena Srrgett b Irrlsrest Mete. We use a daily balance method (including current transactiansi 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. Intenet Citrergel. The Interest Charged on Purchases shown an the front'ndudes the interest charged on all purchases and balance transfers (iF balance transfers are available on your accaunp. Traoeeetlea Hete. Tne Transaction Date shown on the statement is also the Sale Date. llienienlr~ he. To avoid paying this fee, notify us that you are dosing your attount within 30 days of the mailing or delivery date of the statement on which the fee is billed. If Yea Aeoerrt b Selpet TO TM NeWtT AP14 Nw LMrO Wlr TM PMeItT APp ApPIrT The Penalty APR will apply until you make 12 consecutive minimum payments on time and do not qa 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, ar if required 6y applicable law. Crest RlnpartlM pyrrta. If you think we reported inaccurate Information td a credit bureau write us at "Write to us at" address shown on the front. Repnrt a lmt a Stolen Cd ternetetelw Call the "Call us at"number shown on the front. ^Iret Ta M H Ya TIANr Tlw FYd a l/etete w Yea stetereeet 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. • 0ollar amount: The dollar amount of the suspected error. • Description of Problem: If you think there is an error on your bill, describe who! 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 errars'n r' i .You may callus, but if you dd 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 fallowing are true: • tYe cannot try to collect the amount in question, ar 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 `ees 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. Inrperteet IeslrretNss. CrcYtlq PepwKs. If we receive your payment in proper form at our processing facility 6y 5 p.m. local time there, it will be credited as of that day. A payment received therein proper farm after that time will Oe credited as of the next day. Allow 5 to 7 days far payments Dy regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is hat in proper form or is not sent to the correct address The mrred 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. Pre~a Form. for a payment sent by mail or courier to 6e in proper form, you must: • fnelae a valid check or money order. No cash, gift cards, or foreign currency please. • Inelyde your name and account number on the front of your check or money order. If Tsu wn! an eN~hle sheet watt. tirh ~eTererrt ~. Ton eultreti:e ns b ~ teeTneed tT Metfade deYk H w ro, Me ehentiq eece•rt null N MWhd a tte eraowt err Ice ctect. Ne nreT M thb es won ss the deT we rarelw tN etedr. Alw, tM etett wi N NstreTeL Co~T see. We charge 53 for each copy of a billing statement that dates back 3 months ar 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. PeynreM O~tiMS tither TMn RgWr MeY. • OrrNne NeTrnents• Visit www.SearsCard.cam and sign up for online payments. Enrollment may take a few days. It we receive your request to make an online payment 6y 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. PeY bT Phew Sereke. You may use this service any time to make a payment by phone. Yau will he charged SI4.45 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 be credited as of the next day. We may process your payment electrdnlcally after we verify your identity. • Erywese PeTerentL You tan send payment by courier cr 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 by 5 p.m. Eastern time to be credited as of that day. All payments received in proper form at [re proper address after that time will be credited as of the next day. SMCI7GIlSCC/SCP/HIPS 3/10 New Address If your address has changed, please print any changes below. Name: Street Address: City, State, Zip: Phone: OIEFtii057 - 1- 07/0^,10 Sears MasterCard® call us at 1-BOO-669->3489 Manage your account and pay your bill at www.searscard.com Write to us at PO Box 6282 Sioux Falla, SD 57117-6282 LUCY C CARBERRY Account Number: XXXX XXXX XXXX 5773 Page 2 of 2 s~e~2 Pa meM Due Date 09!12/2010 2010 Totals YeaMo-Date Total Fees Char ed in 2010 $273.00 Total Interest Charged in 2010 $1,218.09 YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $7,687.38, 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 a Calculation 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) $7,773.93 $166.64 CASH ADVANCES 27.15% (d)(v) $0.00 $0.00 (v) =Variable Rate (d) =Daily (m) =Monthly Cardmember News THIS NOTICE MAY AFFECT YOUR RIGHTS. PLEASE READ IT CAREFULLY. A settlement has been reached in a class action alleging that CRibank (South Dakota), N. A. increased periodic rates due to delinquency or default without prior notice. Ycu may be a member of the settlement class. To obtain information regarding the settlement, please go to http://www.casenosacv06571.com 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 ~~~ ~~;~ ~t~yr~ol~f~ 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. d ~ Signature C-45319 Lucy C Carberry Account number ending in 5773 1032 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor L) +e g TH[ PRO H ,r IJ . Y YIN 19 A } - F a `UMB RLAd'0 1IMS 'LVAH19t, Citibank (South Dakota) N.A. Case Number vs. 2011-189 Lucy C. Carberry SHERIFF'S RETURN OF SERVICE 01/12/2011 01:51 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2011 at 1351 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lucy C. Carberry, by making known unto herself personally, at 29 N. 33rd Street, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. `1 RYAN BURGETT, DEPUT SHERIFF COST: $41.50 January 13, 2011 SO ANSWERS, RONW R ANDERSON, SHERIFF CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff V. LUCY C CARBERRY 29 N 33rd Street Camp Hill PA 17011-2702 Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAJIIAt,.,, rn NO. 11-189 CIVIL , e C CIVIL ACTION - LAW j 1. Praecipe for Default Judgment Please enter judgment by default for want of an answer in the above case in favor of the plaintiff and against the defendant, and assess damages as follows: Principal: $7,893.02 Less Credits: $375.00 TOTAL $7,518.02 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unswom falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment debtor and creditor. 2. The annexed notice of intention to file this praecipe was mailed to all parties against whom judgment is to be entered and to their record attorneys, if any, after the default occurred, and at least ten days prior to the date of the filing of this praecipe. 3. Pursuant to Section 201(b)(1)(A) of the Servicemembers Civil Relief Act of 2003 (SCRA), the defendant is not in the military service of the United States based on information received from the defendant and/or the Department of Defense ftbsite. JUDGMENT BY DEFAULT ENTERED Bui AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN UNDER PA.R.CIV.P. 236 By: 1 _ Pro Prothonotary The law firm of Burton Neil & Associates is a debt collector. C-45319 & Associates, P.C. C. Blasker, Esquire Atto y for Plaintiff I.D. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 1-211. yl/, ??G 1 (,,1,/ 1-t el (Yl f 3 -r? ?Tl CITIBANK (SOUTH DAKOTA), N.A. : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 11-189 CIVIL. LUCY C CARBERRY Defendant : CIVIL ACTION - LAW TO: Lucy C Carberry 29 N 33rd Street Camp Hill PA 17011-2702 DATE OF NOTICE: February 05, 2011 IMPORTANT NOTICE C45319 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office below. 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 8*990-9I08 Associates, P.C. In making this communication, we advise our office is a debt collector. By: Derek C. 1 , Esquire Attorney fo aintiff Identification No. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 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 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 11-189 CIVIL LUCY C CARBERRY Defendant CIVIL ACTION - LAW Rule of Civil Procedure NO. 236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on 1 I Prothonotary By If you have any questions concerning the above, please contact: Derek C. Blasker, Esquire Attorney for Party Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610-696-2120 The law firm of Burton Neil & Associates is a debt collector.