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HomeMy WebLinkAbout11-7385 21 11 SEP 26 AM 11: 38 OENNSYLVARIA Burton Neil & Associates, P.C. By: Edward J. O'Brien, Esquire ID. NO. 32985 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 IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. A RENEE R GRIMM :NO. #- 739,5- 254 East Garfield Street Shippensburg PA 172572034 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-52799 9?.Oo pd C ,#-/0 76?/ BURTON NEIL & ASSOCIATES, P.C. By: Edward J. O'Brien, Esquire, Id. No. 32985 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attornev 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 A RENEE R GRIMM 254 East Garfield Street Shippensburg PA 172572034 Defendant NO. CIVIL ACTION - LAW Complain 1. Plaintiff is CITIBANK, N.A. with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is A Renee R Grimm who resides at 254 East Garfield Street, Shippensburg, 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 1029. 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 $1,809.90 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 $1,809.90, and the costs of this action. P.C. By: Edwl?d J?'Brien, Esquire Attorney for Plaintiff In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. Sears Master Carcr Call us at 1-80&4m- ewe Manage your account and pay your bill at www,sersca?d,com Write to us at PO Box 8282 Slot, Falb, SD 87117-8282 A RENEE R GRIMM Account Number: ' 1028 Page 1 of 2 P Meet Due Date OSl08?2011 ---- Previous Balance $1,734 23 `^the address for dusa P? ? Othe r Cits . ?.? Balance i ent Due $1,809.90 Purchases F Date $814.18 Cash Advances $0 00 t Warning: 05/08/2011 Fees Charged Interest Ch . + $30,00 ceive Your minimum payment by the date listed above, t arged + $40.87 o pay a late fee up to $35. New Balance $1 809 90 Minimum Psymant warning: Past Due Amount , . $479.81 If You make only the minimum payment in interest and it will take You lon t ger o pay off your balance. For example: Available Credit Credit Limit $1,570.00 Enly*o*?YO-tl ddtFonaI You wiB $0.00 1i card 17 o4f ttla Andy," witi. Cash Advance Limit ? "' showh. on thus end up paying anAvailable Cash Limit $50.009u Pay.,. staabtrNnt in ebCK*,,. of_ $0•00 payment 8 yew Amount Over Credit Limit $239.90 $3,462 Statement Closing Date 04/11/2011 Days in Billing Cycle 31 3 years $2,668 (Savings= $794) If Y. would like k11om1atlon about credo counseling services, call t-877-337-8188 Your Sears Choice Rewards Summary Previous Reward Points Balance Reward Points Earned This Period 0 Adjustments to Reward Points 0 Reward Points Redeemed This Period 0 Ending Reward Pants Balance 0 0 Transactions Tram Deb Post Dab Descrlptlon Fees Amount 04/08/11 04/08/11 LATE FEE TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged 33.00 04/11/11 04/11/11 INTEREST CHARGE ON PURCHASES INTEREST CHARGE ON CASH ADVANCES 40.07 TOTAL INTEREST FOR THIS PERIOD 0.00 40.67 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION This Account Is blued by Ckibsruk (South Dakota), N.A. Please detach thh 00rdon and Mu n with your pay,nad 10 knits proper as& Reim upper portion for your records. Sears MasterCard" Account Number: 1029 psynIent Mlnd New Balance Due Daft rmum Payment Due Amount Enadossd $1,809.90 05?08/11 $814.18 0019191 EX 09 to 11101 1 TXS503 Fvo oo1 7 N IbII,hI,I,InIIIlId11IJIIIII,IIu'IIIIIIIIunnIllrllll'II9I Mak chackpayableto A RENEE R GRIMM SEARS CREDIT CARDS 254 E GARFIELD ST PO BOX 183082 SHIPPENSBURG PA 17257_2034 COLUMBUS, OH 43218-3082 IIII,I,IInIIII11III,IIIIIII,I,eIIIu'III„Ie11I„Illlure,lll,l Please make address changes on rovers" aids. llll 100 .1024 0160440 0061416 0000000 0610 I*Mwtbn About Your Account, How to Avoid Paying Interest on Ranh ses. Your payment due date is at least 25 days after the dose of each baling 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 wig not get a grace period on purchases until you pay the New Balance in full for two billing cycles n a row. We will begin charging interest on cash advances and balance transfers (f 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 baance'l is excluded from the amount you must pay in full to get a grace period. However, you must still pay any separately ?oc?atedt to deeffer rrredd nter? bakes s firsut, the deff errned interest balance will be reduced before any other balance on the accost. However, you will continue to get a grace period on pu hases so long as you pay the New Baku less any excluded promotional balances in full by the payment due date each billing cycle. In addition, Purchases Other promotional lo offeoffers rs notrddeescribed above grace may period on 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. t ether 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 (nclud4 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 Purchases" line in the Balance of Account amounts (if balance transfers are available on your account). Transaction Date. The Transaction Date shown on the statement is also the Sale Date. Credit R*Mkq 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. lb Do it You Think You FE?d a ML•*>? a Your 94-t M If you thmk 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: i f n: Your name an accout number. Dollar amount: a dollar oral of the suspected error. Descriotio_ n o_ f p : If you therms 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 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 ocontcharge in ha ge 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 Rkft M You Are Dissatisfied MAtli Your Craft 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. T of your current he purchase must have been made in your home state or within 100 miles more than 550. (aNoW. Neither of tand hesseeaze necessary if youurt 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 with cash advances fromanATM or with a check that acc eslsees your made crdt 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 wrfina 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 dells on At tfrat poffirt if wen think you owe an amount and tell 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 A Payment facility there local time there, ft will be proper form after that tknce will be as credited that day. of the next day. Allow 5 to 7 days for payments by regular mall 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 cored address for courier or express mat 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 01PI OIEM6057 -1- 0212512011 If You send an eBgibia check with this payment coupon, you a„ balm us to tampNN yorr paynieet bN ebctro* deK N we do, the checking accent wM be debited in the amorart on the check. We may do this as soon as the day we recede- the -heck. Akro, the check wig 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 it your request for the copy relates to a billing error or disputed purchase. RrYment Options Other Then 111"Wer Mall. 0OrrnnBBnnee prynNnts• Visit www.SeanCard.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 you request to make an online payment after that time, we will credit you payment as of the next day. For security reasons, you may be unable to pay your entire New Balance with you first online payment PY by MOM Service, You may use this service any time to make a Payment by phone. You will be charged S14-95 0 a representative of ours helps expedite you payment Call by 5 pm. Eastern time to have you payment credited as of that day. If you cat 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 ix Payments Department ,1500 Bolton field 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. Ali 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 Olhil Sears MasterCard® Manage your account and Call us at.searward. g m A RENEE R GRIMM Write to us at Po sox 6= 6= your Si loux Falls, ewSD 57117 6-6282 Account Number: XXXX XXXX XXXX 1029 Page 2 of 2 Pa ment Due Date istst 05/08/2011 2011 Totals Year?to-Date Total Fees Charged in 2011 Total Interest Charged in 2011 $140.00 $147.78 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) is the annual interest rate on your account. Annual Percentage Balance Subject to Type of Balance Rate (APR) Interest Rate Interest Charge PURCHASES Regular 27.24% (d)(v) CASH ADVANCES $1,758.29 $40.67 Regular 27.24% (d)(v) (v) = Variable Rate O d - Dail $0.00 $0 - y (m) =Monthly Cardmember News Please see the enclosed privacy notice for important information. 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. » Call us today at 1-866-518-9049 so we can help you make a change this spring. I R Verification I, visa Blamer , 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. Signature C-52799 A Renee R Grimm Account number ending 1029 1032 B Aj v h` : 9 CI?Urip, Burton Neil & Associates, P.C. By: Edward J. O'Brien, Esquire ID. NO. 32985 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK, N.A. Plaintiff V. A RENEE R GRIMM Defendant To the Prothonotary: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 11-7385 CIVIL TERM : CIVIL ACTION - LAW Praecipe to Discontinue Kindly discontinue the above-captioned action without prejudice. Burton 1 & A sociates, P.C. By: d and V O'Brien, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-52799 / 314