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HomeMy WebLinkAbout11-1394FILFO-GFFICE O THE ??CTHON O-!"CRY Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire ID. 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. PAUL E BEECHER 3110 Spring Road, Carlisle PA 17013-8713 Defendant I I FEB -7 PM 2: 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. I) X36 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 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 161 Carlisle, PA 17013 CW.G 0 Telephone No. 717-249-3166 or 800-990-9108 41 C-46802 P00 0y5767'61 Azw.aSe/ 7G)1 Burton Neil & Associates, P.C. B • Trenton A Farmer Esquire ID. 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. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. PAUL E BEECHER 3110 Spring Road, Carlisle PA 17013-8713 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 Paul E Beecher, who resides at 3110 Spring Road, 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 9685 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 $2,324.53 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 $2,324.53, 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 MasterCarde 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 PAUL E BEECHE Account Numbe 9685 Payment Due Date Page 1 of 2 10/24/2010 Summary of Account Activit y Previous Balance $2,231.87 Payments $0.00 Other Credits $0.00 Purchases $0.00 Cash Advances $0.00 Fees Charged +$35.00 Interest Charged +$57.66 New Balance $2,324.53 Past Due Amount $601.76 Credit Limit $1,910.00 Available Credit $0.00 Cash Advance Limit $50.00 Available Cash Limit $0.00 Amount Over Credit Limit $414.53 Statement Closing Date 09/27/2010 Days in Billing Cycle 31 Mailed payments must be received by :0 M at Payment Information the address for payments by the payment due date New Balance $2,324.53 Minimum Payment Due $1,132.95 Payment Due Date 10/24/2010 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 $35.00. 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: I $99 3 years $3,552 If you would like information about credit counseling services, call 1-877-337-8188 If you make no adc?tional You will pay off the And you will charges using this card balance shown on this end up paying an and each month you .pay... statement in aboul... estimated totel of... Only the minimum payment 17 years $5,727 (Savings= $2,175) Transactions Trans Date Post Date Description Amount Fees 09/24/10 09/24/10 LATE PAYMENT FEE 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged 09/27/10 09/27/10 09/27/10 09/27/10 Interest Charge on Purchases 53.31 Interest Charge on Cash Advances 4.35 TOTAL INTEREST FOR THIS PERIOD 57.66 2010 Totals Year-to-Date Total Fees Charged in 2010 $255.00 Total Interest Charged in 2010 $429.19 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 portion for your records. Sears Mast9*,nt Account Number: 9685 Minimum New Balance Due Date Payment Due Amount Enclosed $2,324.53 10/24/10 F $1,132.95 0017995 EX 18 B 10270 1 TXS503 FVG 001 7 N I?I?illlillilnrlinll?III,inlyal.,?llill,l??lli?llillilliinl Make check payable to PAUL E BEECHER SEARS CREDIT CARDS 3110 SPRING RD PO BOX 183082 CARLISLE PA 17013-8713 COLUMBUS, OH 43218-3082 Illlllrlilll?liuil?Ilinll?ilhlllll?lll?lllllllill,l,l?il,lll? Please make address changes on reverse sloe. 100 r 0232453 0113295 0000000 1816 _ EXHIBIT ?_ Information About Yew ACMRL How to Avoid Paying Interest an Purchases. Your payment due date is at least 25 days after the close of each billing 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 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 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 deferred 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 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 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. How We Calculate Yew Ralenee SuYjeet to Interest Rate. We use a daily balance method (including current transactions) 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. Interest Chon led. 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). Transaction Date. The Transaction Date shown an the statement is also the Sale Date. Membership 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 Your Account Is Snbjlect To The Penalty APR, How Lay W M The Pena" APR Apply? 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 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. Credit Reporting Disputes. 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 or Stolen Card kmmeridit Call the "Call us at" number shown on the front. Statemerut What To Do H Yom 111dnk Yen Find a Mistake on Year If you think there is an error on your statement, write to us at the address shown on the front where it says "Wite to us at" In your letter, give us the following 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 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 call us. 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 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. Your Rifts H Yen Are DissatisNed tYitb thmr Credit Card Pemba= If you are dissatisfied with the goods or services that you have purchased with your credit card, and you have tried in good faith 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 $50. (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. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us' 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 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. Important Payment InstrectimL Crediting Payments. 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 there in 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 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 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. Proper Farr. For a payment sent by mail or courier to be in proper form, you must • Eaclow a valid check or money order. No cash, gift cards, or foreign currency please. • Include your name and account number on the front of your check or money order. If you send an eligible deck with this payment coupon, yea antbatze as to complete your payment by eleetnefe debN. N we do, the choddng account wO be debited to the amount on the creek we may do tMs as soon as the day we recehro the cheek. Also, the cheek whit be destroyed. Cop Fee. We charge $3 for each copy of a billinq 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. Payment Options Other Unix Illegal Mall. Origin Payments 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. 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 by Phone Service. You may use this service any time to make a payment by phone. You will be charged $14.95 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 electronically after we verify your identity. Express Payments You can send payment by courier or express mail to the Express Payments Address. This address is: Payments Department, 1500 Boltonfield Street, Columbus. ON 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 the proper address after that time will be credited as of the next day. SMC/TGI/SCC/SCP/HIPS 3110 New Address If your address has changed, please print any changes below. Name: Street Address: City, State, Zip: Phone: OIEF6057 - 1- 07/02/10 MasterCarcr r S Call us at 1-800-669-8488 ea s Manage your account and pay your bill at www.searscard.com Write to us at PO Box 6282 Sioux Falls, SD 57117-6282 PAUL E BEECHER Account Number: XXXX XXXX XXXX 9685 Payment Due Date Page 2 of 2 10/24/2010 17995 YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST DUE IS SHOWN ABOVE. ARRANGEMENTS FOR FUTURE PAYMENTS SHOULD BE MADE IMMEDIATELY. Interest Charge 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 29.99% (d) $2,093.26 $53.31 CASH ADVANCES 29.99% (d) $170.83 $4.35 (v) = Variable Rate (d) = Daily (m) = Monthly Your past due amount may be a number. But you're definitely not. You're our customer. We value our relationship with you. Let us help you take care of your past due amount so you can avoid future late fees. We'll look at your account on an individual basis and work with you to come up with a payment solution for your unique situation. Call us and you'll find someone who's ready to listen and who can help YOU get back on your feet. Call today to see what payment options may be available to you 1-866-518-9054 Verification 1, Lisa Blumer • , am employed by Citicorp Credit Services, Inc. (USA) (hereafter CCSI), a subsidiary of plaintiff, Citibank (South Dakota), N.A. CCSI is a service provider for plaintiff in that it services credit card accounts owned by plaintiff. I am authorized to make this verification on behalf of plaintiff. The statements of facts set forth in the complaint are true and correct upon my information and belief and are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.. Signature C-46802 Paul E Beecher Account number ending in 9685 1032 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ FILED-OM Sheriff ?'F THE PP I ,[?"`t' Jody S Smith 20 11 ?$??t14? ot.4iin+t?rr,r,FJ?e4 Chief Deputy F ?8M ??' Richard W Stewart UIMBERLAND C(L ;IL 1 " Solicitor = Y L VA 9P, Citibank (South Dakota) N.A. Case Number vs. Paul E. Beecher 2011-1394 SHERIFF'S RETURN OF SERVICE 02/10/2011 07:45 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on February 10, 2011 at 1945 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Paul E. Beecher, by making known unto himself personally, at 3110 Spring Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. VA ERIE WEARY, DEPUTY SHERIFF COST: $33.40 February 11, 2011 SO ANSWERS, 4" RON R ANDERSON, SHERIFF C o M 2 ? r- -0 r-X ?v Z0 Z rn --# 117 ?^'' Burton Neil Associates, P.C. By: Trenton A. Farmer, Esquire ID. NO. 209422 1060 Andre Drive, Suite 170 West Chester, PA 19380 610-696-212 Attorney for Plaintiff CITIBANK SOUTH DAKOTA), N.A. Plaintiff V. PAUL E Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 11-1394 CIVIL ACTION - LAW Praecipe to Settle, End, & Discontinue To the Burton Neil & Associates, P.C. By: Trenton A. Far er, Esquire Attorney for Plaintiff The law firm Iof Burton Neil & Associates is a debt collector. the above matter Settled, Ended and Discontinued. C-46802