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HomeMy WebLinkAbout11-7382Burton 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, N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. DONNA BATEMAN 906 Willcliff Drive Mechanicsburg PA 17050-2159 Defendant = ' e te. r ta s - ? 7 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. I I- '138a o wi l Texin : 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 oss. Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 *ga•00 PA AT" C-52697 CT 107755 ea&5-i510 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, N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. DONNA BATEMAN 906 Willcliff Drive Mechanicsburg PA 170502159 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 Donna Bateman who resides at 906 Willcliff Drive, 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. 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 5771. 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 $7,485.66 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 $7,485.66, and the costs of this action. Burton Neil & Associates, P.C. By: -4rrenton-'A. Farmer, Esquire Attorney for Plaintiff In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. Sears MasterCard' call ua"1-a°°-see-84a Manage your account and pay your bill at www sesrsosrd.aom Write to us at PO Box Soso Slow Falls, SD 67117-6= DONNA GATEMAN Account Number. '5771 Page 1 of 2 Surnmarv of Account Activi ty Previous Balance $7,373.56 Payments $0.00 Other Credits $0.00 Purchases $0.00 Cash Advances $0.00 Fees Charged +:109.82 Interest Charged +$149.38 New Balance $7,832.78 Past Due Amount $951.89 00 100 $7 Credit Limit Available Credit , . $0.00 Cash Advance Limit $50.00 Available Cash Limit $0.00 Amount Over Credit Limit 5532.78 Statement Closing Date 04/22/2011 Days in Billing Cycle 29 P tent Due Dale 05/20/2011 meiled proheres must N received by 5.00 IM at Payment Information the address for the peffad due New Balance $7.832.76 Minimum Payment Due $1,746.03 Payment Due Date 05/20/2011 Lab Payment Warning: N we do not renews your minimum payment by the date listed above, you may have to pay a late fee up to SM. 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 ym inahu: no addkicmal You WAR pity off to And you will charges using this) osrd' balance *~on this end % p ng an and each:.. umllt you pay». statemn in abotit::. estimates!toteE ot.. Only the minimum payment 21 years $19,975 $304 3 years $10,959 (Savings- $9,016) If you would Ilks information about credit ommeang 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 Transactions Trans Daft Post Daft_ Description Fees 04122!11 04/22/11 ACCOUNTCARE 1 877 524 5885 74.82 04/20/11 04/20111 LATE FEE 35.00 TOTAL FEES FOR THIS PERIOD 109.82 Interest Charged 04/22/11 04!22/11 INTEREST CHARGE ON PURCHASES 149.38 INTEREST CHARGE ON CASH ADVANCES 0.00 TOTAL INTEREST FOR THIS PERIOD 149.38 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION This Account Is Issued by Citibank (South Dakota), N.A. I Please detach this Portion and return with your psymnt to me" pope asdit. Retein upper portion for yor rsmrda. Sears MasterCard' Account Number. 5771 Psyment MMlmunt l B Due Data Peymen't Due Encbaed AMOUrK ance New a 76 $7 632 05/20/11 $1,748.03 1$ , . - 00"551 Fit 15 1A 11112 1 TX55W FVO 001 7 N '111111i11111111111111Illllrrlr11111111111111111111IIII'IIIII'111 Make Check payable to DONNA BATEMAN SEARS CREDIT CARDS 906 WILLCLIFF DR PO BOX 183082 MECHANICSBURG PA 17050-2159 COLUMBUS, OH 43218-3082 'I"11-111lllllllllllll'I''111'Ii11111111 ll"11"'ll'llllllll Please make address changes on reverse side. 5771 0763276 0174603 0000000 1517 F-XHIBIT- InWrootion About Your Accent How to AvW paying khdarest an 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 d 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 accent) on the transaction date. If you have a balance subject to a deferred Merest promotion and that promotion does not expire before the payment duce date, that balance (the .,excluded promotional balance's 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 bill" cycles in which payments are allocated to deterred Merest 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 big 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 Your Balance Subject to kdarest Rate. We use a dairy 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 "Cal us at" number all the front. Balance ltansfers. Balance transfer amounts are included in the "Purchases" line it the Summary of Account Activity (if balance transfers are available on your account). Transaction Data. 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 Repot a Lost or Stolen Cord knmer kd* Cal the "Call us at" number shown on the front. What To Do H 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 informatiorr A 'ref . Your name and account number. Dolan amount T dolls amount of the suspected error. • Des f f I : If you think there is an error on your bill, describe what you etreve 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 writi You may call us but l f eve o pwe are ay the not amount in required to investigate any potential errors and you may 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 wdi 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 Rkhts H You Are Ohmatislied With Yaw Credit GM Purcleses 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. (Note. Neither of these are necessary if you 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 quality. 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 writin at the address shown on the front where it says "Write to us aV 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 T 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 rem 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. SMCJTGIISCC/SCP/HIPS 01111 OIEM6057 -1- 02/25/2011 If you sand an eligible check with tMs peymenit c0upm you authorin us to complete yaw payawnt by wank debit N we do, the docking account will be debRed in the amount on the check We may do this as soon as the day we well the cheek. Alec, the clock 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 il you request for the copy relates to a billing error or disputed purchase. Payrned Options Other Than Regular Mal. Online Paymarrts. Visit wwwSearsCard.com and sign up for online payments Enrolment may take a few days If we receive your request to make an online payment by 5 p.m. Eastern tkne, we will credit your payment as of that day. If we receive your request to make an online payment after that time, we coil credit your payment as of the next day. for was" reasons, you may be unable to pay your entire New Balance with you first online payment pity by Phone Service. You may use this service any time to make a payment by phone. You will be charged S14.95 l a representative of ours helps expedite your payment Call by 5 pm. Eastern time to have your yment bye credited of of credit as o the nethat day. xt day. W If myou call ay process Your patime, yment payment l 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 Bdtonfield 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. Al 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: SMctmi/SCC/SCP/Hips Dim Sears MasterCard® Call us at 1-800-669-8488 Manage your account and pay your bill at www.ssarscard.com Write to us at PO Box 6282 Sioux Falb, SD 57117-6282 DONNA BATEMAN Account Number: XXXX XXXX XXXX 5771 Payment Due Date Page 2 of 2 44651 05/20/2011 2011 Totals Year-to-Date Total Fees Charged in 2011 $414.18 Total Interest Charged in 2011 $581.75 Interest Charge Calculation Your Annual Percentage Rate APR i s the annual interest rate on your account. Annual Percentage Balance Subject to Type of Balance Rate (APR) Interest Rate Interest Charge PURCHASES Regular 25.24% (d)(v) $7,448.99 $149.38 CASH ADVANCES Regular 27.15% (d)(v) $0.00 $0.00 (v) = Variable Rate (d) = Daily (m) = Monthly Cardmember News Please see the enclosed privacy notice for important information. Verification I Ashley Cooley 5 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. C-52697 Donna Bateman Account number ending 5771 1032 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Citibank, NA vs. Donna Bateman -fGy?.917 PI t;Ifjr ;,f 2011 OCT -3 AM 9< 51 OUMBERLAHD GOUNI` PENNS't'LVANiA Case Number 2011-7382 SHERIFF'S RETURN OF SERVICE 09/29/2011 08:33 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on September 29, 2011 at 2033 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Donna Bateman, by making known unto herself personally, at 906 Willcliff Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $38.00 September 30, 2011 RYAN BURGETT, DEP SO ANSWERS, RON R ANDERSON, SHERIFF (c; C;aunrySuih Sh2r!'i. Te'.ees;;tT in;; 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, N.A. : IN THE COURT OF COMMON PLEAS V. DONNA BATEMAN To the Prothonotary: Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 11-7382 CIVIL TERM Defendant : CIVIL ACTION - LAW Praecipe to Satisfy Judgment Mark the judgment Satisfied . Burton Neil & Asso ates, P.C. By: enton A. Farmer, Esquire Attorney for Plaintiff This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. C-52697 / 318 a 1_4E,q.Stpd oui-/315-a