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HomeMy WebLinkAbout12-2612r;? v J;j ICJ t .. Pa'N Y 4.'*A 1 , } Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 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. PAULETTE V SHEETS 1432 Lindsay Lot Rd Shippensburg PA 17257-8592 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. a. - aLD l a bV I 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 HERING 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-57081 / 304 ally+%I b Ckg1av-113 BURTON NEIL & ASSOCIATES, P.C. Yale D. Weinstein, Esquire, Id. No. 89678 Brit J. Suttell, Esquire, Id. No. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK, N.A. IN THE COURT OF COMMON PLEAS 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. CUMBERLAND COUNTY, PENNSYLVANIA NO. PAULETTE V SHEETS 1432 Lindsay Lot Rd Shippensburg PA 172578592 Defendant 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 Paulette V Sheets who resides 1432 Lindsay Lot Rd, 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 credit card account (hereafter the Account) with account number ending in 2917. 5. Citibank (South Dakota), N.A. merged into Citibank, N.A. in or about July 2011. 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 $2,732.56 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 $2,732.56, and the costs of this action. Burton Neil & Associates, P.C. B?e?y Ya e D. Weinstein, Esquire --By: Brit J. Suttell, Esquire In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. C-57081 / 205 Account Statement sears Sears Card'e 6 Customer Service: searscard.com Account Inquiries: 1-800-917-7700 Send Notice of Billing Errors and Customer Service Inquiries to: SEARS CREDIT CARDS PO Box 6283, Sioux Falls, SD 57 1 1 7-6283 Account Numbe 291.7 1 i Summa of Account Activity Previous Balance $2,640.25 Payments 0.00 Other Credits 0.00 Purchases 0.00 Cash Advances 0.00 Fees Char ed +$35.00 Interest Charged +$57.31 New Balance Past Due Amount $2,732.56 $627.95 Credit Limit 0.00 Available Credit 0.00 Amount Over Credit Limit 0.00 Statement Closing Date 01/05/2012 Next Statement Closing Date 02/03/2012 Days in Billing Cycle 31 Pa ment Information New Balance $2,732.56 Minimum Payment Due $748.26 Payment Due Date February 1, 2012 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: It you mako no additional You will pay off the And you will charges using this card ibalance shown-on this end up paying an and each,inonth.yoG paY... tatement m atwut... estimated totw of", Only the minimum payment 12 years $5,763 $109 3 years $3,924 (Savings=$1,839) If you would like information about credit counseling services, call 1-877-337-8188. Your account is seriously past due. Amount past due is shown above. Arrangements for future payments should be made immediately. TRANSACTIONS Trans Date Description Reference # Amount FEES 01/01 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD 35.00 INTEREST CHARGED 01/05 INTEREST CHARGE ON PURCHASES $ 57.31 TOTAL INTEREST FOR THIS PERIOD 57,31 There may be a quick and simple way to brinq your account up to date. Your tax refund can help make it happen. Many customers have resolved overdue amounts by using their tax refund money. It's simple and convenient. If you're not expecting a refund, we may have payment options available. Call today, and together, we'll come up with a solution that is right for you. » Call 1-866-518-9052 today. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 of 4 This Account Is Issued by Citibank, N.A. ---------------- -------------------------------------------------------------------------------------- + Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records 4' Sears Card® Make Checks Payable to: SEARS CREDIT CARDS t Past Due Amount is included in the Minimum Payment Due. Your Account Number Payment Due Date New Balance Past Due Amountt Ml Imum Payment Due Amount Enclosed 2&17 FEBRUARY 1, 2012 $2,73, $627.95 $748.26 $ SAVE STAMPS, TIME AND TREES! Visit Account Online and register now for Online Bill Pay, , Paperless Statements and More. 2917 0273256 0074826 0010511 011 000 1 PAULETTE V SHEETS 1432 LINDSAY LOT RD SHIPPENSBURG, PA 17257-8592 SEARS CREDIT CARDS PO BOX 183081 COLUMBUS, OH 43218 30 1 EXHIBIT Infbrmatil About 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 subject 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 in 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 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 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 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 Account Inquiries 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. Disputes. If you think we reported inaccurate information to a credit bureau write us at the Customer Service address shown on the front. Report a Lost or Stolen Card Immediately. Call the Account Inquiries number shown on the front. What To Do If You Find A Mistake On Your Statement If you think there is an error on your statement, write to us at :he address for billing inquiries and correspondence shown on the front of your statement. 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 of problem: If 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. At least 3 business days before an automated payment is scheduled, if you want to stop payment on the amount you think is wrong. 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. What Will Happen After We Receive Your Letter When we receive your letter, we must do two things. 1. Within 30 days of receiving your fetter, we must tell you that we received your letter. We will also tell you if we have already corrected the error. 2. Within 90 days of receiving your letter, we must either correct the error or explain to you why we believe the bill is correct. While we investigate whether or not there has been an error: • 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. • 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. After we finish our investigation, one of two things will happen: • If we made a mistake: You will not have to pay the amount in question or any interest or other fees related to that amount. • If we do not believe there was a mistake: You will have to pay the amount in question, along with applicable interest and fees. We will send you a statement of the amount you owe and the date payment is due. We may then report you as delinquent if you do not pay the amount we think you owe. If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also reporting that you are questioning your bill. We must tell you the name of anyone to whom we reported you as.delinquent, and we must let those organizations know when the matter has been settled between us. If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you question even if your bill is correct. Your Rights If You Are Dissatisfied With Your Credit Card f mhases 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 to- 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 for billing inquiries and correspondence shown on the front of your statement. 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. EM SMC-TGI-SCC-SCP-HIPs 12ill important Payment Instructions. Right to Prepay Your Account. You may pay all or part of your account balance at any time. However, you must pay, by the payment due date, at least the minimum payment due. Crediting Payments. If we receive your payment in proper form at our processing facility by 5 p.m. 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 mail is the address on the front of the payment coupon. 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. 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 if your request for the copy relates to a billing error or disputed purchase. T01679-9351-5000-0030-9-E-39-D--12/01/00-14--P -0--6-402-0-0---- 09/01/11-PKKB-December 5, 2011-0-V N--- Payment Options Other Than Regular Mail. In-Store Payments (Where Available). Any payment in proper form accepted in-store will be credited as of that day. However, credit availability may be subject to verification of funds. Not all stores accept payments. Contact your local store to see if in-store payments are accepted at that location. Oniine Payments. Visit the web address on the front 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 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 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 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 p.m. 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. Paae 2 of 4 'Account: **** ***?` **** 2917 2012 Totals Year-to-Date Total Fees Charged in 2012 $35.00 Total Interest Charged in 2012 $57.31 INTEREST CHARGE CALCULATION Type of Batanae Your Annual Percentage Rate (APR) is the annual interest rate on your account. Artnus Percentage Rate (APR) Balance &uIa)act to interact Ftatte Interest Charge PURCHASES REGULAR 25.24% (D)(V) $2,673.46 57.31 V = Variable Rate D = Daily Pana 3 of d `Aocoiint: **** #**? **** 2917 Panc d of d Verification Abbie Motley I , am employed by Citibank, N.A. (hereafter Citibank), which is successor in interest to Citibank (South Dakota), N.A. 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. .4 e&4 - - Signature C-57081 Paulette V Sheets Account number ending 2917 1031 C-57081 /314 13AUUG —8 Psi I: 22 F PENNSYLVAHI ', Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK,N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 12-2612-CIVIL PAULETTE V SHEETS Defendant : CIVIL ACTION - LAW Praecipe to Discontinue To the Prothonotary: Kindly discontinue the above-captioned action without .rejuc, - Burto eil : A . Iciates, P.C. By: "Yal, grein, Esquire Att i ■h for Plaintiff This is an attempt to collect a debt, and any information obtaine• ill be used for that purpose. This communication is from a debt collector.