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HomeMy WebLinkAbout11-8007 'i 11 OCT 21 AH H: nU 1118 I i Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 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. AMBER D CLARK : NO. / l g Q (> 7 234 Green Hill Road Newville PA 17241-9574 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 O Cumberland County Bar Assoc. 32 South Bedford Street stQ a Carlisle, PA 17013 C-50820 Telephone No. 717-249-3166 or 800-990-9108 eK-? ?aSso9 BURTON NEIL & ASSOCIATES, P.C. By: Derek C. Blasker, Esquire, Id. No. 202150 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. AMBER D CLARK 234 Green Hill Road Newville PA 17241-9574 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 Amber D Clark who resides at 234 Green Hill 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. Defendant obtained extensions of credit from Citibank, N.A., successor in interest to Citibank (South Dakota), N.A., by means of a SEARS CHARGE PLUS credit card account (hereafter the Account) with account number ending in 5747. 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 $2,323.82 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 $2,323.82, and the costs of this action. Burton Associates, P.C. By: Dere ker, Esquire Attorney for aintiff In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. SearsCharge PLUS® 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 AMBER D CLARK Account Number. 5747 Page 1 of 2 Summa of Account Activit y Previous Balance $2,276.32 Payments $0.00 Other Credits $0.00 Purchases $0.00 Fees Charged +$35.00 Interest Charged +$53.00 New Balance $2,364.32 Past Due Amount $586.99 Credit Limit $1,800.00 Available Credit $0.00 Amount Over Credit Limit $564.32 Statement Closing Date 02/02/2011 Days in Billing Cycle 28 Payment Due Date 03/01/2011 New Balance $2,364.32 Minimum Payment Due $698.99 Payment Due Date 03/01/2011 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 $35. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If 1.0 :0' ke no ad&U..64 l You will pay off the - And you will a>$es:nsing #htsraril balance shown on this >s end up paying an and eactl month you pay- statem nt l#t.'about... ; estimated total of... Only the minimum payment 11 years $5,294 $100 3 years $3,613 (Savings= $1,681) If you would like information about credit counseling services, call 1-877-337-8188{ Transactions Trans Date Post Date Description Amount Fees 02/01/11 02/01/11 LATE FEE TOTAL FEES FOR THIS PERIOD Interest Charged 02/02/11 02/02/11 INTEREST CHARGE ON PURCHASES INTEREST CHARGE ON CASH ADVANCES TOTAL INTEREST FOR THIS PERIOD 2011 Totals Year-to-Date Total Fees Charged in 2011 $70.00 Total Interest Charged in 2011 $109.48 YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST DUE IS SHOWN ABOVE. ARRANGEMENTS FOR FUTURE PAYMENTS SHOULD BE MADE IMMEDIATELY. 35.00 35.00 53.00 0.00 53.00 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION This Account is Issued by Citibank (South Dakota), NA. Please detach this portion and return with your payment to insure proper credit Retain upper portion for your records. SearsCharge PI IICe Account Number. 5747 'or„+ent Minimum New Balance Due Date Payment Due Amount Enclosed $2,364.32 03/01/11 $698.99 0000000 EX 01 11033 1 TRS002 F6G 021 7 N ?Ir?llllin"IIII"I?'I111?111?1 111?1??1'?'?I?"?I'llllrlrlr?l?ii Make check payable to AMBER D CLARK SEARS CREDIT CARDS 234 GREEN HILL RD PO BOX 183081 NEWVILLE PA 17241-9574 COLUMBUS, OH 43218-3081 Please make address changes on reverse side. : 200 0236432 0069899 0000000 0117 vHIBIT I InfonnationAbout Your Account How to Avoid Paying Interest 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 subjed 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 n 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 arty other balance on the account However, you will continue to g et 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 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 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 (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 Will The Penalty APR Apply? The Pena Ity 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 ofProblem: 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 If 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 9 your request for the copy relates to a billing era or disputed purchase Payment Options Other Than 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 tc make an online payment by 5 pm. 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 p et by phone You will be charged $1495 if a representative of ours he s expedite your payment Call by 5 pm. 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 pm. 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 is 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, I 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 Riatrts 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 cred it 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. tf 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 not sent to the correct address The cored 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 OlEG6057 - 2 -11/04/2010 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 SearsCharge PLUS 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 AMBER D CLARK Account Number. X)O X X)O X XXXX 5747 Page 2 of 2 Payment Due Date 03/01/2011 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 29.99% (d) $2,304.24 $53.00 (v) = Variable Rate (d) = Daily (m) = Monthly h ' 1 r Verification I, Ashley Cooley , 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 unworn falsification to authorities. Signatu'q