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HomeMy WebLinkAbout11-4000c"'L-, D-QFFIC.E 0THONOTARY TM- P 2 r i Y -2 F1112: 42 Lj'AIDWERLAND COUNTY PENNSYLVANIA 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. STEVEN M MOOREHEAD 1706 Centerville Road, Newville PA 17241-8931 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11--(4 WO C-1V 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. C-47685 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 Lls-?) pnwk a9acb? agc[ Ck?lt?? ??+as8?oa 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. STEVEN M MOOREHEAD 1706 Centerville Road Newville PA 17241-8931 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 Steven M Moorehead, who resides at 1706 Centerville Road, Newville, 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 CARD credit card with account number ending in 3848 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 $2,232.09 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 $2,232.09, and the costs of this action. Burton Neil & Associates, P.C. By: Bri J. Suttell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. Sears Premier Card® Call us at 1-800-917-7700 Manage your account and pay your bill at www.searscard.com Write to us at PO Box 6283 Sioux Falls, SD 57117-6283 STEVEN M MOO Account Number: 3848 Page 1 of 2 Summa of Account Activi ty Previous Balance $2,154.06 Payments $0.00 Other Credits $0.00 Purchases $0.00 Fees Charged +$35.00 Interest Charged +$43.03 New Balance $2,232.09 Past Due Amount $449.19 Credit Limit $2,000.00 Available Credit $0.00 Amount Over Credit Limit $232.09 Statement Closing Date 10/25/2010 Days in Billing Cycle 31 Payment Due Date 11/21/2010 Mailed payments must be received by 5:00 PM at Payment Information the address for payments by the payment due date New Balance $2,232.09 Minimum Payment Due $550.22 Payment Due Date 11/21/2010 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: If you make no additional 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 about... estimated total of... Only the minimum payment 17 years $4,959 $87 3 years $3,121 (Savings= $1,838) If you would like information about credit counseling services, call 1-877-337-8188 Transactions Trans Date Post Date Description Amount Fees 10/21/10 10/21/10 LATE PAYMENT FEE 35.00 TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged 10/25/10 10/25/10 Interest Charge on Purchases 43.03 Interest Charge on Cash Advances 0.00 TOTAL INTEREST FOR THIS PERIOD 43.03 2010 Totals Year-to-Date Total Fees Charged in 2010 $216.00 Total Interest Charged in 2010 $404.84 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 Premi ard0 Account Number. 3848 erd Minimum New Balance Due Date Payment Due Amount Enclosed $2,232.09 11/21/10 $550.22 0027439 EX 16 B 10298 1 TRS006 FXG 0-A 7 N rnIIIIIii,i,iin,III?illlrllrilnlili??ll?rlllrll?rl?iililil? Make check payable to STEVEN M MOOREHEAD SEARS CREDIT CARDS 1706 CENTERVILLE RD PO BOX 183081 NEWVILLE PA 17241-8931 COLUMBUS, OH 43218-3081 urlllilill?lrrlh?ll??lnil?lrl?ll?nil?llrilillrrllinrlril Please make address changes on reverse side. 200 0223209 0055022 0000000 1619 EXHIBIT Information About Your Account, How to Avoid Payinjinterest on 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 and that promotion does not expire before the payment due date, that balance (the "excluded promotional balance") is excluded from the amount you must pay in full to get a grace period However. you must still pay any separately required payment on the excluded promotion. 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 wig continue to get a grace period on purchases so long as you pay the New Balance less any excluded promotional balances in fug 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 Your Balance Subject 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 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. 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 Subject To The Penalty APR, How Long WBI The 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 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 Lost or Stolen Card Immediately. Call the "Call us at" number shown on the front What To Do If You Think You Find a Mistake on Your 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 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. If you send an eligible check with this payment coupon, you authorize us to complete your payment by electronic debit. N we do, the checking account will be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed. 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. Payment Options Other Than Regular Mail. Online Payments. Visit wwwSearsCard.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, 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 the proper address after that time will be credited as of the next day. 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 Rights If You Are Dissatisfied With Your Credit Card Purchases 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 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, if we think you owe an amount and you do not pay we may report you as delinquent important Payment Instructions. Crediting Payments. If we receive your payment in proper form at our processing facility by 5 p.n 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 Form. for a payment sent by mail or courier to be in proper form, you must: Enclose 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. SMC/TGI/SCC/SCP/HIPs 10/10 OIEG6057-1- 08/30/2010 New Address If your address has changed, please print any changes below. Name: Street Address: City, State, Zip: Phone: SMC/TGI/SCC/SCP/HIPs 10/10 Sears Premier Card® Call us at 1-800-917-7700 Manage your account and pay your bill at www.searscard.com Write to us at PO Box 6283 Sioux Falls, SD 57117-6283 STEVEN M MOOREHEAD Account Number: XXXX XXXX XXXX 3848 Page 2 of 2 27439 YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST DUE IS SHOWN ABOVE. ARRANGEMENTS FOR FUTURE PAYMENTS SHOULD BE MADE IMMEDIATELY. Payment Due Date C 11/21/2010 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 Regular 23.24% (d)(v) $2,180.40 $43.03 CASH ADVANCES Regular 26.24% (d)(v) $0.00 $0.00 (v) = Variable Rate (d) = Daily (m) = Monthly It`s amazing how much brighter the season can be when your past due amount is behind you. Taking care of your past due amount now can help you enjoy the season. Bringing your account current helps you avoid future late fees. Having an up-to-date account will help brighten your season. So call us today. Our trained Account Specialists will help you explore your payment options. Call today to see what payment options may be available to you 1-866-651-0486 Verification Tiena Reynolds 1, , 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. c ??7 I Jzl? Signature C-47685 Steven M Moorehead Account number ending in 3848 1031 a CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 11-4000 Civil -a STEVEN M MOOREHEAD _ ? ?. 1706 Centerville Road r PI Newville PA 17241-8931 = =? F Defendant : CIVIL ACTION - LAW ' w Praecipe for Default Judgment " ) = - To the Prothonotary: C ? e ''7 .. =-? 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: $2,232.09 TOTAL $2,232.09 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unsworn 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 website. JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN UDDER PA.R.CIV.P. 236 Burton Neil & Asso ' es, P.C. By: Neil Sarker, Esquire Attorney for Plaintiff I.D. NO. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C-47685 yd ?l?lOb .k?-. IG3 &12- 0 ?w yle.?. A,lUfizl ma?v CITIBANK (SOUTH DAKOTA), N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4000 Civil STEVEN M MOOREHEAD Defendant : CIVIL ACTION - LAW TO: Steven M Moorehead 1706 Centerville Road Newvil[e PA 17241-8931 DATE OF NOTICE: May 26, 2011 IMPORTANT NOTICE C-47685 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 800-990-9108 In making this communication, we advise our office is a debt collector. Burton Neil & Associates, P.C. By: Neil Sarker, Esquire Attorney for Plaintiff Identification No. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Burton Neil & Associates, P.C.. By: Neil Sarker, Esquire ID. NO. 203465 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. 11-4000 Civil STEVEN M MOOREHEAD 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_ I - 13.0 (_Q Q Prothonotary By: Depu If you have any questions concerning the above, please contact: Neil Sarker, 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. =a.-D?OPrlLE i t PROTHONOTAR's 2011 AUG -3 AM I I. 49 ° IMBERL.AND COUNTY PENNSYLVANIA Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 203465 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. STEVEN M MOOREHEAD Defendant NO. 11-4000 Civil : CIVIL ACTION - LAW Praecipe to Satisfy Judgment To the Prothonotary: Mark the judgment Satisfied . Burton Neil & Associates, C. By: Nei rker, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-47685 c q S?