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HomeMy WebLinkAbout11-8029 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. JULIANA R LASKOWSKI 18 West Springville Road Boiling Springs PA 170079739 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. I I - boa9 0 iv 1 I- eP'1'Y1 : 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-53433 (2) 44a.oo PA ATtl e* Im'l3 &ce&&33o 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. JULIANA R LASKOWSKI 18 West Springville Road Boiling Springs PA 170079739 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 Juliana R Laskowski who resides at 18 West Springville Road, Boiling 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 2031. 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 $4,070.73 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 $4,070.73, and the costs of this action. & Associates, P.C. By: Attorney , Esquire In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. Sears MasterCard° JULIANA R LASKOWSKI Account Number: Page 1 of 2 Summa of Account Activ Previous Balance $3,934.15 Payments $0.00 Other Credit $0.00 Purchases $0.00 Cash Advances $0.00 Fees Charged +$35.00 Int~ Ch +$101.58 New Balance $4,070.73 Past Due Amount $924.80 Credit Limit $3,400.00 Available Credit $0.00 Cash Advance Limit $50.00 Available Cash Limit $0,00 Amount Over Credit Limit $670.73 Statement Closing Date 05/16/2011 Days in Billing Cycle 31 Transactions Trans Dab Post Dab Fees Call us at 1 Manage your account and pay your gill at wwwAsmsoerd.oom Write to us at PO Box 6282 Sloux Falls, SD 57117-6252 2031 Palms at Due Date L06/12/2011 ..?¦,¦v¦¦¦ nuv¦r¦rau{ire the address for payments by the paymsrM due dt New Balance $4.070.73 Minimum Payment Due $1,773.11 Payment Due pat 06/1,773. 1 Lets Payment Warning: If we do not reoslve 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: 11<yvar mouse: no a0ritionall charges<wing this Gerd Youwil pay an the balarios sbtaem on this And yott WAN' and up paying an and each morith you pity.. ; st&Wn*nt n about:,. 5slimalled total: of.. Only the minimum payment 16 years $10,234 $173 3 years $6,220 (Savings= $4,014) Your Sears Choice Rewards Summary Previous Reward Point Balance 0 Reward Point Earned This Period 0 Adjustment to Reward Point 0 Reward Point Redearned This Period 0 Ending Reward Point Balance 0 05/12/11 05/12/11 LATE FEE TOTAL FEES FOR THIS PERIOD 35.00 Interest Charged 35.00 05/16/11 05/16/11 INTEREST CHARGE ON PURCHASES 05/16/11 05/16/11 INTEREST CHARGE ON CASH ADVANCES 87.81 TOTAL INTEREST FOR THIS PERIOD 13.77 101.58 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION This Account is Issued by Citibank I (South Please detadl this portion end return with your psymerd to ins ra • N.A. proper credit. Retain upper portion for your records. Sears MasterCard° Account Number: 2031 Pot Mlnknum Now Balance n Payment Due Amount Enclosed __j L____j [ $4,070.73 06/12/11 $1,773.11` 0082014 EX 09 a 11138 1 TXS803 FVG 001 7 N 1'1111"111111'11111'1111111'1'1111'II11'I'1111'I1111111111111111 Makecneckpeyableto JULIANA R LASKOWSKI SEARS CREDIT CARDS 18 W SPRINGVILLE RD PO BOX 183062 BOILING SPRINGS PA 17007-9739 COLUMBUS, OH 43218-3082 1I11r111lrllJlnll'lllllnlelllrlpulllrllnllllll'111111"III' Please make address changes on reverse side. 100 2031 0407073 0177311 0000000 0916 €XW1BiT kdormation About Your Account. Hour to AVOW Aatdag latest on PureMses. Your payment due date is at least days after the dose of each billing cycle we will not charge you any interest on purchases 9 you pay your New Balance by the payment due date each month. This is tailed a grace period on purchases If you do not pay the New Balance in fuil by the payment due date, you will not get a grace period on purchases until you pay the New Balance in full for two biting 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 pnrnnotion and that promotion does not expire before the payment due date- that balance (the "excluded promotional bala cel 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 b& V cycles in which payments are allocated to deferred Interest balances first, the deferred interest balance will be reduced before any other balance on the accounL However, you wail 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 biDng cycle. In addition, certain promotional offers may take away the grace period on purchases Other promotional offers rat 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. Now We Calculate Yaw Balance SW*d 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 Transfers. 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 Dispute, 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 InmedM* Call the "Call us at" number shown on the front. What To Do If You flhhdn You Fhhd a tNstalre cues 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 ks at" In your letter, give us the following information: Accout information Your name and account number. Dollar amount The dollar amount of the suspected error. 'Q1 scriDtron ol : N you think there is an error on your bill, describe wat Problem 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 statemert You must notify us of any potental errors in writna 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 Ithahts M You Are DBsatisfled With Yaw Credit Card Pucleses If you are dissatisfied with the goods or services that you have purchased with your credit cad, 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 S5f1. (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 ks in wmina 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 not sent to the correct address. The correct address for regular mad is the address on the front of the payment coupon. A payment made "ore 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 01/11 01EM6057 - 1 - 02/25/2011 H you send an elift check with this payurent coupon, you authorize us to complete yaw payment by de bwk debit N we do, the checking account will be * ' IN In the anoint an the check. We may do this as soon as the dry we rscelee 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 if your request for the copy relates to a billing error or disputed purchase. Payment Options Other Than Ragulr Mall. Online Payments. Visit wwwSearsCard.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 your payment as of that day. If we receive your request to make an online payment after that time, we will edit 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 Plane Sealer You may use this service any time to make a payment by phone. You will be charged $14.95 9 a representative of ours helps expedite your payment. Cal 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 carrier 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 p.m Eastern time to be credited as of that day. AN 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 MasterCard® Call us at 1-800-609-8488 Manage your account and pay your bill at www.seerward.com Write to us at PO Box 6262 Sioux Faas, SD 57117-6282 JULIANA R LASKOWSKI Account Number. XXXX XXXX XXXX 2031 Payment Due Date Page 2 of 2 62014 06/12/2011 2011 Totals Year-to-Date Total Fees Charqed in 2011 $175.00 Total Interest Charged in 2011 $465.67 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 PURCHASES Regular CASH ADVANCES Regular 29.99% (d) $3,447.79 (v) = Variable Rate (d) = Daily (m) = Monthly 29.99% (d) $540.86 Interest Charge $87.81 $13.77 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. Verification I, Lisa Blunter , 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-53433 Juliana R Laskowski Account number ending 2031 1032