HomeMy WebLinkAbout11-2513
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Burton Neil & Associates, P.C.
By: Brit J. Suttell, Esquire ID. NO. 204140
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
FLAVIANA B JIMENEZ : NO. Cik
58 Village Court, Mechanicsburg PA 17050-9167
Defendant : 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-44883
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Burton Neil & Associates, P.C.
By: Brit J. Suttell, Esquire ID. NO. 204140
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.
FLAVIANA B JIMENEZ
58 Village Court
Mechanicsburg PA 17050-9167
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 Flaviana B Jimenez, who resides at 58 Village Court, Mechanicsburg,
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.
Count I
4. Plaintiff furnished consumer credit to the defendant by means of a(n) CITI AT&T
UNIVERSAL MASTERCARD credit card with account number ending in 0172 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 $22,317.84 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 on Count I for the sum of
$22,317.84, and the costs of this action.
Count II
9. Plaintiff furnished consumer credit to the defendant by means of a(n) SEARS GOLD
MASTERCARD credit card with account number ending in 5566 hereinafter referred to as the
credit card account.
10. Plaintiff kept accurate running records of all debits and credits to the account.
11. Plaintiff mailed to defendant monthly statements for the account including the billing
statement attached hereto as Exhibit B. The monthly statements accurately stated the previous
balance, the debits and credits to the account for the prior billing period.
12. Before plaintiff mailed Exhibit B, defendant had for many months made payments on
account of the billing statement or retained the statement without payment.
13. Defendant's actions as set forth above constituted an account stated between parties
for the sum of $7,346.15 which sum reflects the Exhibit B statement balance less credits, if any,
which were applied subsequent to the date of Exhibit B.
Wherefore, plaintiff demands judgment against defendant on Count Il for the sum of
$7,346.15, and the costs of this action.
Burton Neil & Associates, P.C.
By: ).' ;'
Bap t J. Suttell, Esquire
Attorney for Plaintiff
The law firm of Burton Neil & Associates, P.C. is a debt collector.
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moo -- - l rw. "% AT&T Utdvarbaf Card
New 3".: 72
Amount Endase?
MMimum Payment Due: 0,403
$2,037.94
Payment Due Data:
08124120110 rwM.ae IM•1 w Nalwa w soo rw
Neel rY M the raY?•?tANtN".
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FLAVIANA B JIMENEZ
56 VILLAGE CT AT&T UNIVERSAL CARD
MECHANICSBURGPA 17050-9167 P.O. BOX 162364
COLUMBUS, OH43218.2564
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Sears MasterCard' Call us at 1-800-669-8488
Manage your account and pay your bill at www.searseard.com
Write to us at PO Box 6282 Sioux Falls, SD 57117-6282
FLAVIAN JI
M
Account Numbs r: 5566 Payment Due Date
Page 1 of 2
09/17/2010
Summa of Account Activit y
Previous Balance $7,157.08
Payments $0.00
Other Credits $0.00
Purchases $0.00
Cash Advances $0.00
Fees Charged +$39.00
Interest Charged +$150.07
New Balance $7,346.15
Past Due Amount $969.73
Credit Limit $14,850.00
Available Credit $0.00
Cash Advance Limit $50.00
Available Cash Limit $0.00
Amount Over Credit Limit $0.00
Statement Closing Date 08/20/2010
Days in Billing Cycle 30
Transactions Trans Date Post Date
Fees
Amount
08/17/10 08/17/10 LATE PAYMENT FEE 39.00
TOTAL FEES FOR THIS PERIOD 39.00
Interest Charged
08/20/10 08/20/10 Interest Charge on Purchases 150.07
Interest Charge on Cash Advances 0.00
TOTAL INTEREST FOR THIS PERIOD 150.07
NOTICE: SEE REVERSE SIDE FOR IMPORTANT I NFORMATION 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 Mas
5566
Account Number:V*
y.m.t Minimum
New Balance Due Date PaymentDue Amount Enclosed
F $7,346.15 09/17/10
$1,232.80
I [
Is
0071210 ED 12 A 10232 1 TXS503 FVG 001 7 N
I?Iltlliii?illlilli?illi?ltlllllilllliiiliil????lt?diillli?ili?? Make check payable to
FLAVIANA B JIMENEZ SEARS CREDIT CARDS
8 VILLAGE CT PO BOX 183082
MECHANICSBURG PA 17050-9161 COLUMBUS, OH 43218-3082
Please make address changes on reverse side.
100 . 0734615 0123280 0000000 1318
Mailed payments must be received by 5:00 M at
Payment Information the address for payments by the payment due date
New Balance $7,346.15
Minimum Payment Due $1,232.80
Payment Due Date 09/17/2010
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 will pay off the And you will
charges using this card balance shown on this and up paying an
and each month you pay... staternsiat In about... estimated total of...
Only the minimum payment 28 years $19,623
$293 3 years $10,548
(Savings= $9,075)
If you would like information about credit counseling services, call 1-877-337-8188
Your Sears Choice Rewards Summary
Previous Reward Points Balance 0
Reward Points Earned This Period 0
Adjustments to Reward Points 0
Reward Points Redeemed This Period 0
Ending Reward Points Balance 0
EXHIBIT t
Intersection Ahat Vow Accai
New to Avail Payiy 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
VOL pay your New Balance by the payment due date each month. Thi?is called a grace
period on purchases. If you do not pay the New Balance in full by the;payment due date.
VOL 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
VOL 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
VOL pay the New Balance less any excluded promotional balances in full by the payment
due date each billing cycle.
In adcition, 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.
New We Cakdate Yaw Bdec Safest to Interest Nate. 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 Charged. 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 on the statement is also the Sale Date.
MenierstlP Fie. 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 Year Acaot Is Suyaet To The Pm" APR, New Le" WID TN Penalty 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 Dispute. 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 Lost or Stokes Card kaxneteblw Call the 'Call us at" number shown on the front.
What To Do N Yes ThIek Ya Fed a Mistake as Yaw Statement
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 intormatiom Your name and account number.
• Dollar amount: The dollar amount of the suspected error.
• Description of Problem 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 is within 60 days after the error appeared on your statement.
You must notify us of any potential errors in writing . You may cal I us, but F 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 trV 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 `ees
related to that amount.
While you do not have to pay the amount in question, you are responsible for t e
remainder of your balance.
We can apply any unpaid amount against your credit limit.
Year RWS _uf._Yoa_AM Dk stied WIM how Credn_CAfd ?wehhASN
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
550. (Nair. 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 *he
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 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 our investigation, we will tell you our decision. At that point, ii we think
you owe an amount and you do not pay we may report you as delinquent.
Important Payment Instructions.
Credthq 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 b 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 or 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 Form. For a payment sent by mail or courier to be in proper farm, you must:
Earelase 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 check with this payment ceapen, yam cathodes as to
cornpleto your paymet by electrode debit. N we do, the ahn "accord will he
deli ted In the arrant a the cheek. We may, do tits as soon as the day we receive
the cheek. Ale, the check wiR be destroyed.
Copy Fee. We charge S3 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.
Payment Options Other Than Ilgder Mai.
OmNoe Payreents. Visit www.SearsCard.com and 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 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 dentity.
Express Payments, You can send payment by courier or express mail to the Express
Payments Address. This address is: Payments Department, 1500 Baltonfield 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 3/10
New Address
If your address has changed, please print any changes
below.
Name:
Street Address:
City, State, Zip:
Phone:
OIEF6057 - 1- 07/02/10
Sears MasterCar& Call us at 1-800-669-8488
Manage your account and pay your bill at www.searsoard.com
Write to us at PO Box 6282 Sioux Falls, SD 57117-6282
FLAVIANAB JIMENEZ
Account Number: XXXX XXXX XXXX 5566 Payment Due Date
Page 2 of 2 -
71210 09/17/2010
2010 Totals Year-to-Date
Total Fees Charged in 2010 $156.00
Total Interest Charged in 2010 $1,152.87
YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $7,157.08, WHICH WAS YOUR ACCOUNT
BALANCE ON THE LATE FEE TRANSACTION DATE.
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 25.24% (d)(v) $7,234.50 $150.07
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 Citibank (South Dakota), N. A.
increased periodic rates due to delinquency or default without
prior notice. You may be a member of the settlement class.
To obtain information regarding the settlement, please go to
hftp://www.casenosacvG6571.com
Verification
I, 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-44883 and C-45370
Flaviana B Jimenez
Account number ending in 0172 and 5566
1008
V
J-CFF I"'L
Burton Neil & Associates, P.C. F PROTHONOTAR`
By: Brit J. Suttell, Esquire ID. No. 204140
1060 Andrew Drive, Suite 170 2011 APR -1 AM 11= 31
West Chester, PA 19380 CUMBERLAND COUNTY
(610) 696-2120 PENNSYLVANIA
Attorney for Plaintiff
CITIBANK (SOUTH DAKOTA), N.A.
701 East 601" Street N
Sioux Falls, SD 57117
Plaintiff,
v.
FLAVIANA B. JIMENEZ
58 Village Court
Mechanicsburg, PA 17050-9167
Defendant.
STIPULATION EXTENDING TIME TO ANSWER
It is stipulated and agreed that defendant is granted an additional sixty (60) days to
May, 2011 in which to file an Answer and or respond to the above-captioned complaint.
Burton Neil & Associates, P.C.
By:
Brit J. uAttorney for Plaintiff
Dated:
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 11-2513
: CIVIL ACTION - LAW
Flaviana B.fj;?fenez V
Defendant, on her own behalf
Dated: 3 -/'- //
I " ?_ mi l '4 6Sct'(_ e1" (. o < CU CLING!
C 45 _-?l0
CA t4 US
Burton Neil & Associates, P.C.
By: Daniel A. Payne, Esquire ID. NO. 202294
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
V. : CUMBERLAND COUNTY, PENNSYLVANIA
NO. 11-2513
FLAVIANA B JIMENEZ
Defendant : CIVIL ACTION - LAW
Certificate of Service
I, Daniel A. Payne, Esquire do hereby certify that I served a true and correct copy of the
within Stipulation Extend Time to Plead on defendant Flaviana B Jimenez at her address of
record via first class mail, postage prepaid on the date set fgrt below.
Date: ?$
ate s, .C.
By:
Daniel A. Payne,
Attorney for Plai:
The law firm of Burton Neil & Associates is a debt collector.
C-44883
tt r .n o. rp"i
2011 Mf)' -2 PP 12: 41
f3'11MBERLAND COUNTY
PENNSYLVANIA
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
V.
FLAVIANA B JIMENEZ
Defendant
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 11-2513
: CIVIL ACTION - LAW
Praecipe to Discontinue
To the Prothonotary:
Kindly discontinue the above-captioned action without
By:
Wfinstein, Esquire
for Plaintiff
The law firm of Burton Neil & Associates is a debt
C-45370