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HomeMy WebLinkAbout11-7381Burton 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, N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. DEBRA L RHOADS 211 W Pine Street Mount Holly Springs PA 170651123 Defendant C . rn _ CIO t.._ _e > N 71:) ? V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA , NO. I 7381 CIVIL ACTION - LAW Complaint - Notice bvt l &P4 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 *Qazo Pa 1k7Tq C-52696 e.? 10,74(vh a &S-t,3 9 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, N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. DEBRA L RHOADS 211 W Pine Street Mount Holly Springs PA 170651123 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION - LAW Complaint 1. Plaintiff is CITIBANK, N.A. with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Debra L Rhoads who resides at 211 W Pine Street, Mount Holly Springs, 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. Defendant obtained extensions of credit from Citibank, N.A., successor in interest to Citibank (South Dakota), N.A., by means of a SEARS GOLD MASTERCARD credit card account (hereafter the Account) with account number ending in 8302. 5. Citibank (South Dakota), N.A. merged into Citibank, N.A., effective July 1, 2011, as approved by the Office of the Comptroller of the Currency. 6. Accurate records of all debits and credits to the Account were maintained by plaintiff. 7. Defendant was provided with monthly statements for the Account including the billing statement attached hereto as Exhibit A (redacted to remove confidential information). The monthly statements accurately stated the previous balance and the debits and credits to the Account for the prior billing period. 8. Defendant had for many months after receipt of a billing statement made payment on the Account or retained the statement without payment. 9. Defendant retained the Exhibit A statement without making payment by the stated due date. 10. Defendant's assent to the Account balance set forth in the Exhibit A statement is manifested through the prior conduct of defendant either making payment on the Account or retaining the statement without payment, after receipt of the monthly billing statements. 11. As a result of said assent, an account stated for the sum of $3,615.00 exists 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 $3,615.00, and the costs of this action. Burton By: Y D. Weinstein, Esquire ornev for Plaintiff In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. Sears MasterCard° DEBRA L RHOADS Account Numbs Page 1 of 2 Summa of Account Acthr Previous Balance $9,828.3 Payments $0.00 Other Credits $0.00 Purchases $0.00 Cash Advances $0.00 Fees Charged +$35.00 Interest Charged +$82.97 New Balance $3.944.00 Past Due Amount $318.43 Credit Limit $4.000.00 Available Credit $56,00 Cash Advance Limit $50.00 Available Cash Limit $50.00 Amount Over Credit Limit $0,00 Statement Closing Date 04/04/2011 Days in Billing Cycle 31 Transactions Trans Date Post Data Fees call us at 1-80D-Aee_8488 Manage your account and pay your bill at www eearsgrd.oom Write to us at PO Box 828'1 Slow Fees, 80 57117-8282 8302 P ment Due Date L05/01/2011 Pa ntent Informadon addren - pwymwm must be t„r payrnwft wnnsd New Balance $3 944 00 . . Minimum Payment Due $476 40 . Payment Due Data 05/01/2011 Late Payment Wanting: If we do not receive your minimum payment by the date listed above , you may have to pay a late fee up to $35. 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 oft your balerm. For example: If you malat na adtitbrtai > You wi8 pay off thr And you will. charges Laing this oeud bafanae *WW ortft acid Wp Paying an and each month you Pay:.. statenterrl in about.; estimi tadtotal of.. Only the minimum payment 16 years $10,070 $157 3 years $55,663 (Savings= $4,407) If you would like information about credit counseling services, call 1-877-337-8188 Your Sears Choice Rewards Summary Previous Reward Points Balance 4,078 Reward Points Earned This Period 0 Adjustments to Reward Points 0 Reward Points Redeemed This period 0 Ending Reward Points Balance 0 04/01/11 04/01/11 LATE FEE TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged 35.00 04/04/11 04/04/11 INTEREST CHARGE ON PURCHASES INTEREST CHARGE ON CASH ADVANCES 82.97 TOTAL INTEREST FOR THIS PERIOD 000 82.97 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION This Accent In Issued by Citibank (South Dakotsh N.A. Please dstech Vita Portlon end return WM Your payment to insure proper aedR Retain upper por8on Icr your recprW. Sears MasterCard' Account Number. 8302 t Mnmm New Balance Due Dow Psyrrwd Due Amount Enclosed E$3,944-700 05/01/11 $476.40 0086487 D 01 to 11004 1 TXS503 FVG 001 7 N ?i?lll?l"?Il?'ICI'rrllrrrrlrlrll?ilrr?lllllrl?l'Ill?l'I?II??I?II DEBRA L RHOADS 211 W PINE ST MT HOLLY SPGS PA 17065-1123 Please make address changes on reverse aide. Make check payable to SEARS CREDIT CARDS PO BOX 183082 COLUMBUS, OH 43218-3082 III IIII11111111111111111111'?III?"I?11'Id"1gill 1'1d1rhr11ln 100 8302 0394400 0047640 0000000 0113 EXHIBIT,? Information About Your Account. How to Avow Prying Interest on Purchases. Your payment due date is at least 25 days after the dose 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 lthe "excluded promotional balanncel is excluded from the amount you must pay lo full to get a grace period. However, you must still pay any separately required payment on the excluded promotion In bil' 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 biting 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. Balance 71ranshrs• Balance transfer amounts are included in the "Purchases" line in the Summary of Account Activity (if balance transfers are available on your account). Transectlon Dab. The Transaction Date shown on the statement is also the Sale Date. 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 knmediat* Call the "Call us at" number shown on the front. What TO Do If You TMnk You Find a M Make 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. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors in writkna 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 amormt. 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 Omit Your MAU N You Are Dissatisfied With Your Credit Card Reclines 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 pm. 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 riot 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 DIM OIEM6057 -1- 02/25/2011 N you send an eliglbM check with this payment coupon, you authorize us to complete your payment by electronic debit. K we do, the checking account will be debited In the amount an the cheek. We may do this as soon as the day we receive the cheek. 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 Then Regular Mail. Online 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 you 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 Boionfield 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. New Address If your address has changed, please print any changes below. Name: Street Address: City, State, Zip: Phone: SMC/TMISCC/SCP/HIPS 01PI Sears MasterCard® DEBRA L RHOADS Account Number: XXXX XXXX XXXX 8302 Page 2 of 2 66467 Pa ment Due Date Lni/20E 2011 Totals Yea-to-Date Total Fees Charged in 2011 $105.00 Total Interest Charged in 2011 $315.40 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) Type of Balance PURCHASES Regular CASH ADVANCES Regular (v) = Variable Rate (d) = Daily (m) = Monthly Call us at 1-800-669-6488 Manage your account and pay your bill at www.searacard.oom Write to us at PO Box 6282 Sian Falls, SD 57117-6282 is the annual interest rate on your account. Annual Percentage Balance Subject to Rate (APR) Interest Rate 25.24% (d)(v) $3,870.49 27.15% (d)(v) $0.00 Interest Charge $82.97 $0.00 Cardmember News Please see the enclosed privacy notice for important information. 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.-11:00 pm. CT. a Friday 6:30 am-9 pm. CT Saturday and Sunday 8:00 a.m.-5:00 p m. CT Verification I, Lisa ditantr am employed by Citicorp Credit Services, Inc. (USA) (hereafter CCSI), a subsidiary of Citibank, N.A. (hereafter Citibank), which is successor in interest to Citibank (South Dakota), N.A. CCSI is a service provider for Citibank in that it services credit card accounts owned by Citibank This includes accounts previously owned by Citibank (South Dakota), N.A. which merged into Citibank in or about July 2011. I am authorized to make this verification on behalf of Citibank. 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. N Signature C-52696 Debra L Rhoads Account number ending 8302 1032 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, N.A. Plaintiff V. DEBRA L RHOADS Defendant Praecipe to Settle, End, & Discontinue To the Prothonotary: IN THE COURT OF COMMON PLEAS NO. 11-7381 CIVIL TERM CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Mark the above matter Settled, Ended and Discontinued. iates, P.C. Burton NA By: -?' B, Esquire torney for Plaintiff At The law firm of Burton Neil & Associates is a debt collector. C-52696 / 318