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HomeMy WebLinkAbout10-3457 i5 a -*y 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 (SOUTH DAKOTA), N.A. IN THE COURT OF COMMON PLEAS 701 East 60th Street N Sioux Falls, SD 57117 V. Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA KURTZ : NO. 10-3457 CiV t l germ 333 Fulton Street, Enola PA 170252523 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 gVRVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 C-33556 * ga.00 tap ATry ck,-,7g314 0 ?4a ea it 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 (SOUTH DAKOTA), N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. SAMANTHA KURTZ 333 Fulton Street, Enola PA 170252523 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW Complaint 1. Plaintiff is CITIBANK (SOUTH DAKOTA), N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Samantha Kurtz, who resides at 333 Fulton 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. Plaintiff furnished consumer credit to the defendant by means of a(n) Sears credit card with account number ending in 6859 hereinafter referred to as the credit card account. 5. Plaintiff kept accurate running records of all debits and credits to the account. 6. Plaintiff mailed to defendant monthly statements for the account including the billing statement attached hereto as Exhibit A. The monthly statements accurately stated the previous balance, the debits and credits to the account 16r the prior billing period. 7. Before plaintiff mailed Exhibit A, defendant had for many months made payments on account of the billing statement or retained the statement without payment. 8. Defendant's actions as set forth above constituted an account stated between parties for the sum of $2,249.62 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 $2,249.62, and the costs of this action. Associates, P.C. By: Der6-XV. Blasker, Esquire Attorn' ?y for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. Sears MasterCard" SAMANTHA KURTZ Account Number: SgININJEW 6859 Page 1 of 2 Your Account Summary Billing Cycle Closing Date 12/10/09 Amount Over Credit Line $0.00 Amount Past Due $433.14 Current Minimum Due $111.04 Total Minimum Due $544.18 Previous Balance $2,161.58 Payments & Credits $0.00 Purchases & Debits $0.00 Other Charges $39.00 FINANCE CHARGES $49.04 Account Balance $2,249.62 Your Credit Summa Total Credit Line $2,450.00 Available Credit Line $0.00 Cash Access Line $700.00 Available Cash $0.00 Call us at 1-800-669-8488 Go to www.searscard.com Write to us at PO Box 6282 Sioux Falls, SD 57117-6282 Payment Due Date 01/06/10 Activity Sale Date Post Date Description Amount 12/07/09 12/07/09 LATE PAYMENT FEE YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $2,161.58, WHICH WAS YOUR ACCOUNT BALANCE ON THE LATE FEE TRANSACTION DATE. YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST DUE IS SHOWN ABOVE. ARRANGEMENTS FOR FUTURE PAYMENTS SHOULD BE MADE IMMEDIATELY. Please follow payment instructions on reverse side. Payment must be received by 5:00 p.m. local time on Payment Due Date. Sears MasterCard" Account Number: 6859 Payment Total Account Balance Due Date Minimum Due $2,249.62 ___] 7/06/1 0 F $544.18 0097236 ED 07 A 09344 1 TXS503 FVG 001 7 N II0 IIIII0I1111 1111111111?1111?1?II11'I1111'1?11111111111111Nell SAMANTHA KURTZ 333 FULTON ST ENOLA PA 17025-2523 Please make address corrections above. (( Amount Enclosed l 39.00 Make check payable to SEARS CREDIT CARDS PO BOX 183082 COLUMBUS, OH 43218-3082 11111?1?1??1111111??11?1'I?I?I'1111?111111?1111111?1111'1?'?I"'? -- - - -- - - ----- - -- , ESH131T 100 Information About Your Account Grace Period on Purchases. You can avoid periodic finance charges on purchases, but not on balance transfers and cash access transactions (A available on your account). This is called a grace period on purchases. You can get a grace period of at least 20 days. To do so, pay the following amount by the due date every billing cycle: • the Account Balance, less • any Deferred Interest balances that expire after the due date. If you do not, you will not get a grace period unless you pay the above amount by the due date fortwo billing cycles in a row In addition, certain promotional offers may take away the grace period on purchases. Other promotional offers, in addition to Deferred Interest offers, may also allow you to have a grace period on purchases without having to pay all ore portion of the promotional balance by the due date. If either is the case, the promotional offerwill describe what happens. Balance Subjectto Finance Charge. We use an average daily balance method (including new transactions) to calculate periodic finance charges. We do this separately for each balance. These balances include, for example, regular Sears purchases, balance transfers, other regular External purchases, Old Balances, cash access transactions, and different promotional balances, as applicable to your account. (When we calculate periodic finance charges, we treat each Deferred Interest transaction separately even if it hasthe same terms as another Deferred Interest transaction.) We figure the periodic finance charge by multiplying the daily balance by its daily periodic rate. Wedothisforeach day in the billing cycle. Togetadaily balance, we start with the balance as of the end of the previous day. We add any periodic finance charge on the previousday s balance. (This results in daily compounding of finance charges.) We add any new charges. We then subtract any new credits or payments and make other adjustments. A cred A balance is treated as a balance of zero. For each balance, the Average Daily Balance is the average of the daily balances during the billing cycle. If you multiply thisfigurefor each balance by its daily periodic rate and by the number of days in the billing cycle, the result is the total periodic finance charge on that balance. Rounding may cause a small difference. Sale Date. The Sale Date shown on the Account Statement is also the Transaction Date. Annual Membership Fee. Any ann ual membershipfee is billed once a year. The amount of the fee appears on the statement when the fee is billed. We will refund this fee 9 you notify us that you are closing your account within 30 days of the mailing ordelivery date of the statement on which the fee is billed. You will get the refund even if you useyourcard during that period. Penalty APR. The Penalty APR may be applied to your account if you: (1) Make a late payment; (2) Go overyourcredit limit; (3) Make a payment that is returned; or (4) oanyofthepreceding (1)through(3)onanother account that youhavew4h us. How Long Will the Penalty APRApply? If yourAPRs are increased for any of these reasons, the Penalty APR will apply until you make 12 consecutive minimum payments on time and do not do (1) through (3) above on any account you have with us during thattime period. The penalty APR may end sooner in accordance with yourCard Agreement, orif required by applicable law. Billing Rights Summary In Case of Errors or Questions AboutYour Bill. If you th ink your bill is wrong, or rf you need more information about a transaction on your bill, write us at the address listed on this statement where it says "Write to us at:" Write us as soon as possible. We must hearfrom you no laterthan 60 days after we send you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: -Your name and account number. The dollar amount of the suspected error. Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure about. - Please sign your letter. You do not have to pay any amount in question while we are investigating. But you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot report you as delinquent on the disputed item ortake any action to collect the amount you question. Special Rule for Credit Card Purchases ff you have a problem with the quality of goods or services that you purchased with a credit card, and you have tried in good fa th to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. You have this protection only when the purchase price is more than $50 and the purchase is made in your home state orwithin 100 miles of your mailing address. (If we own oroperate the merchant, or I we mailed you the advertisement for the property or services, all purchases are covered regardless of amount or location of purchase.) Important Payment Instructions Crediting Payments. We must receive your payment in proper form at our processing facility by 5 p.m. local time there. If we do, it will be credited as of that day. A payment received at the processing facility in properform after thattime 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 properform or is not sent to the correct address. The correct address fora payment sent by regular mail isthe address listed on the return envelope or on the front of the payment coupon. A payment made in-store is not sent to the correct address. The correct address for a payment sent by courier or express mail isthe Express Payments Address shown below. Proper Form. Fora paymentsent by mail orcourierto be in properform, 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 paymentby 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 an account statement that dates back 3 months or more. We add the fee to the regular Sears purchase balance. We waive the fee if your requestforthe copy relatesto a billing errorordisputed 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 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 yourentire Account Balancewith yourfirst online payment. • Payby Phone Service.You may use this serviceany timeto make a payment by phone. You will be charged $14.95 to use this service. 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 courieror express mail to the Express Payments Address: Payments Department, 1500 Boltonfield Street, Columbus, OH 43228. Payment must be received in properform atthe proper address by 5 p.m. Eastern time to be credited as of that day. All payments received in properform atthe proper address after that time will be credited as of the next day. Report a Lost or Stolen Card Immediately. You may call Customer Service 24 hours a day, 7 days a week. Account issued by Citibank (South Dakota), NA.. 16037 EN Rev 01/10 O1 DF6057 - 3 -12110/2009 New Address If your address has changed, please print any changes below. Name: Street Address: City, State, Zip: Phone: Sears MasterCard® `Rate Varies REGULAR REGULAR REGULAR Days in Billing Period: 30 Average Daily Balance Balance $241.70 $205.44 $2,007.92 $1,984.87 $0.00 $0.00 The "Effective ANNUAL PERCENTAGE RATE" includes all transaction and periodic finance charges imposed this billing period on all balances on which finance charges were imposed. If the "Effective ANNUAL PERCENTAGE RATE" is N/A, no finance charges Call us at 1-800-669-8488 Go to www.searscard.com Write to us at PO Box 6282 Sioux Falls, SD 57117-6282 Payment Due Date Corresponding Periodic Rate Periodic D=Day M=Month .07463%(D) .07463%(D) .07463%(D) Need to know how to bring your account current? Call 1-866-653-1835 today. We're here for you and we can help. We understand that unforseen things can happen and it can be hard to follow through on payments. But a past due account can hurt your financial outlook. We want you to know that there may be payment solutions you aren't aware of that can help bring your account current. We'll work with you listening to your concerns and discussing payment solutions that may fit your personal situation. Remember the holidays are coming, and taking care of your situation now can help free up your finances for later. So It's Important that you call us today. Verification kilary E. Crum 1, , am employed by Citicorp Credit Services, Inc. (USA) (hereafter CCSI), a subsidiary of plaintiff, Citibank (South Dakota), N.A. CCSI is a service provider for plaintiff in that it services credit card accounts owned by plaintiff. I am authorized to make this verification on behalf of plaintiff. 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. f Signature C-33556 Samantha Kurtz Account number ending in 6859 1032 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~Q~y~1C i)f ~ittpbp~,~~~~ fci 1~r7. ~ •a~is, -~ ;~~v~~ a~F,~E crF rWE s~~R(~~ '~F ?I-'t lL ri ~ L ' ` ' ~~ ~'~ `T~qY Jody S Smith Chief Deputy Richard W Stewart Solicitor CU~~ ~ ~~, ~,~~ ;.w~Ui~tTY r~~+~VPva`('t~~'~~FH Citibank (South Dakota) N.A. vs. Samantha Kurtz Case Number 2010-3457 SHERIFF'S RETURN OF SERVICE 06/10/2010 05:15 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on June 10, 2010 at 1715 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Samantha Kurtz, by making known unto Gary Kurtz, Father of defendant at 2431 Lambs Gap Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. ~ -i~~~'~ MICHAEL BAR K, DEPUTY SHERIFF COST: $41.50 June 11, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) countySuite Sheriff, Teleosoff. Inc, 7 CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff v. SAMANTHA KURTZ 333 Fulton Street Enola PA 170252523 Defendant Praecipe for Default Judgment To the Prothonotary: Please enter judgment by default for want of an answer in the above case in favor of the plaintiff and against the defendant, and assess damages as follows: Principal: TOTAL Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unsworn 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. IN THE COURT OF COMMON PLEAS ~ ~_ `_~', C p ~ CUMBERLAND COUNTY, PENNSY~ANI~ ~" --~ a ~ -, NO. 10-3457 CIVIL TERM ` ' ~` " "" t_ _ , - ~. t "~ CIVII, ACTION -LAW $2,249.62 $2,249.62 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 AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN UNDER~A.R.CIV.P. 236 Burton P.C. Pro Prothonotary By: Dei . Blasker, Esquire 7~a(.~~~a Attorn for Plaintiff I.D. N0.202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C-33556 ~od:~/y-~~ ~kj ~1~s,~r C+lc~ alb 9~ ~G~~ ~~ ~~ C-33556 CITIBANK (SOUTH DAKOTA}, N.A. : IN THE COURT OF COMMON PLEA5 Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 10-3457 CIVIL TERM SAMANTHA KURTZ Defendant :CIVIL ACTION -LAW TO: Samantha Kurtz 333 Fulton Street Enola PA 170252523 DATE OF NOTICE: July 07, 2010 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, 1f 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 IlVFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 804}990-9108 Associates, P.C. In making this communication, we advise our office is a debt collector. By: Derek 1 sker, Esquire Attorney fo Plaintiff Identification No. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3457 CIVIL TERM Defendant :CIVIL ACTION -LAW Rule of Civil Procedure N0.236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. N0.202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. IN THE COURT OF COMMON PLEAS Plaintiff v. SAMANTHA KURTZ against you on 7~~(p ~ /(~ Prothono By: Deputy If you have any questions concerning the above, please contact: Derek C. Blasker, 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.