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HomeMy WebLinkAbout11-7384T r 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. LINDA K BAKER 215 Lincoln Street Enola PA 170253248 Cal _ ?? ,' ?.Pa f I ?fl rte- ? - .,, ? 1 v i rv ' V t -J CD IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. l-'7_2M aDefendant : 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 4LA,O0 PO ATrl C -52976 Telephone No. 717-249-3166 or 800-990-9108 C- 1 07(n013 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 Attomev for Plaintiff CITIBANK, N.A. 701 East 60th Street N Sioux Falls, SD 57117 : IN THE COURT OF COMMON PLEAS Plaintiff V. CUMBERLAND COUNTY, PENNSYLVANIA LINDA K BAKER 215 Lincoln Street Enola PA 170253248 Defendant 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 Linda K Baker who resides at 215 Lincoln Street, Enola, 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 CARD credit card account (hereafter the Account) with account number ending in 9960. 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 $3,001.76 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 $3,001.76, and the costs of this action. Burton Neil & Associatesa-P C-. By: i Trento A. Farmer, Esquire Attorney for Plaintiff In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. Sears Card Call us at 1-800-917-77W Manage your account and pay your bill at www•wrscanicom LINDA K BAKER Write to us at PO Box 9289 Sknux Falls, SO 87117-8283 Account Number. 9980 Page 1 of 2 P meat Due Date L__0! 17/2011 Previous Balance Payments Other Credits Purchases Fees Charged New Balance Past Due Amount $2,905.78 $0.00 $0.00 $0.00 +$35.00 +$60.98 _.. ..owvrr afar payments dY ----- .,.., 010 New Balance payments the PaYnurt due d, Minimum Payment Due $3,001.78 Payment Due Date $791.51 Leta Payment Warning-. 05117/2011 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 off your balance. For example: $3.001.78 $884.53 Credit Limit $2,600.00 Available Credit $0.00 Amount Over Credit Limit $401,76 Statement Closing Date 04/20/2011 Days in Billing Cycle 30 "' Y%R& f1na1iat: r a GUI oh " using this card You wig pay off to balance show on thi ,q : you nd and Oaols:Month you Pay... s atatetrtaM,in about... end up pp eettmated td 3nly the minimum payment 13 years gs. $120 3 years $4,310 (Savings= $2,198 ) YOU would like information am,. ?...?. Transactions Trans Dab Poat Date Descrbtlen Fees Amounnt 04/17/11 04/17/11 LATE FEE TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged 35.00 04/20/11 04/20/11 INTEREST CHARGE ON PURCHASES INTEREST CHARGE ON CASH ADVANCES 80.98 TOTAL INTEREST FOR THIS PERIOD 0 .00 60.98 2011 Totals - ar-to-Date ffTOWIFON in 2011 $140.00 Charged in 2011 $232.28 YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST DUE IS SHOWN ABOVE. ARRANGEMENTS FOR FUTURE PAYMENTS SHOULD BE MADE IMMEDIATELY. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION This Account is Isswd by Citibank Please detach this Portion and return with Your WYrrwd to insure prow erediL Retain upper portion for your records. (South Do". NA Sears Card Account Number 9980 New Balance Due Date Ntrninnum Payment Due Amount Enclosed $3,001.78 05/17/11 $791.51 ¢ 0039920 EX 13 1A 11110 1 TRSOO9 FXG 001 7 N 111411'IIII h11'Illlllh'II'nih'Ihl'Ill'hrll''Il'nll"'ll Makecheckpayabi to LINDA K BAKER SEARS CREDIT CARDS 215 LINCOLN ST PO BOX 183081 ENOLA PA 17025-3248 COLUMBUS, OH 43218-3081 Please make address changes on reverse side. ". 11111n ". IIII "IIIIIIIIIIIll'IIIIIIII'I'Inllglll'IIIIII'IIIII 200 9960 0300176 0079151 0000000 1311 Information About Your Account. How to Avoid Paying Interest on Pirchases• Your payment due date is at 25 days after the close of each tilling 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 perod 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 tug 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's is excluded from the amount you must pay in full to get a grace period. However, you must stn pay any separately required payment on the excluded promotion. In bigkq 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 tug 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 Bohm 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 Thmidle s. Balance transfer amounts are included in the "Purchases" line in the Summary of Account Activity (if balance transfers are available on your account). Transaction Date. 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 Curd Immediately. Cal the "Call us at" number shown on the front. What lb Do 0 You Think You Find a MVIAM 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, rive us the following information: Account informatiorc Your name and account number. Dollar amount The dollar amount of the suspected error. Description_of problem: ff 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 airy 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 Rtahts M You Are INssatisfled 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 Instrdiont Credting PeYments. If we receive your payment in proper forth at our processing facility by 5 p.m. local time there, it will be credited as of that dsoay. A payment received there in proper form after that time will be credited af 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 Ol/n OIEM6057 - 1 - 0212512011 N you send inn ONO* check with this payment coupon, You authorize Us to complete your payment by eMetronic debit. N we do, the checking account wiR be daMW In the amount an the check. We may do this as soon as the day we receive the check. Also, tie check will be destroyed. ?hsFell- or more. We d the fee to he oreguaa Purcchase balan e We waive the fee if your request for the copy relates to a billing error or disputed purchase. Puynkent Options Other Than Regular Mal. Ine EO?nnriollment?take Visit ew days If we drecoeiive yourgrnequest to make an on i e nts. 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 Plnoee 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 verity your identity. Express Payments. You can send payment by courier or express mail to the Express Payments Address This address is Payments Department, 150o proper form afi he proper address by 5 p.m. Eastern time tbe be crereceived in dited as o 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/TGI/SCC/SCP/HIPS 01/11 Sears Carde' Call us at 1-800-917-7700 Manage your account and pay your bill at www.searscsrd.com LINDA K BAKER Write to us at PO Box 8283 Sioux Falls, SD 57117-6283 Account Number: XXXX XXXX XXXX 9960 Page 2 of 2 Pa meat Due Date 38920 05/17/2011 __J Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on Type of Balance Annual Percentage Rate (APR) PURCHASES Regular CASH ADVANCES 25.24% (d)(v) Regular 27.15% (d)(v) (v) = Variable Rate (d) = Daily (m) = Monthly Cardmember News Please see the enclosed privacy notice for important information. account. Balance Subject to Interest Rate $2,939.77 $0.00 Interest Charge $60.98 $0.00 Spring is about change. So let us help you take a new look at bringing your account current. This spring is a good time to take care of your past due amount. And the good news is, you don't have to do it alone. We're here to help with payment programs and solutions for you to consider. We'll listen to your concerns and suggest ways you can make a change for the better. Let us work with you, and together we can find a payment solution that may help bring your account current and avoid future late fees. v Call us today at 1-866-518-9049 so we can help you make a change this spring. Verification I usa ' 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. r d Signature C-52976 Linda K Baker Account number ending 9960 1031 CITIBANK, N.A. : IN THE COURT OF COMMON PLEAS 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 11-7384-CIVIL TERM LINDA K BAKER 215 Lincoln Street -0 3 00 __? Enola PA 17025-3248 Defendant : CIVIL ACTION - LAW U) r r tv -? Praecipe for Default Judgment -cc u; .T To the Prothonotary: ?c? Please enter judgment by default for want of an answer in the above case in facer oFAie plaintiff and against the defendant, and assess damages as follows: Principal: TOTAL $3,001.76 $3,001.76 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unworn 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 Burton Neil & Associates, P.C. AND D GES ASSESSED AS ABOVE. C NOTIC I iJN PA.R.CIV 236 By: Trenton A. Farmer, Esquire Attorney for Plaintiff Pro Pr ono I.D. NO. 209422 1060 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C-52976 / 221 1q. oo f 'a(, 8N 73 -/ goA'C e 40IZe c 10 C-52976 / 265 CITIBANK, N.A. IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 11-7384-CIVIL TERM LINDA K BAKER Defendant : CIVIL ACTION - LAW TO: Linda K Baker 215 Lincoln Street Enola PA 170253248 DATE OF NOTICE: October 26, 2011 IMPORTANT NOTICE 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 Burton Neil & Associates, P.C. In making this communication, we advise our office is a debt collector. By: Trenton A. Farmer, EsquireAttorney for Plaintiff Identification No. 209422 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 ./ 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. Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. LINDA K BAKER Defendant NO. 11-7384-CIVIL TERM 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 Prothono By r? Deputy If you have any questions concerning the above, please contact: Trenton A. Farmer, 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. l ±'"??