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HomeMy WebLinkAbout10-7368 OF i'HELPRD NONOTARY 2Q(~ NOY 29 PM t2~ S5 CUMBERLANQ COUNTY PENN~Yl.VANlA 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 (SOUTH DAKOTA), N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff v. MICHAEL S EKSTEROWICZ 208 1 /2 Mill Street, Mount Holly Springs PA 17065-1717 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. ~~' ~ 3C~ 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 HIItING 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-43014 pp~ ~ ~$~g`~~ Q-~~5~~ 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 (SOUTH DAKOTA), N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff v. MICHAEL S EKSTEROWICZ 208 1/2 Mill Street, Mount Holly Springs PA 17065-1717 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. ~A_~3~F~c~~ 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 Michael S Eksterowicz, who resides at 208 1/2 Mill Street, Mount Holly 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. Plaintiff furnished consumer credit to the defendant by means of a(n) THE HOME DEPOT credit card with account number ending in 6631 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 for 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 $3,251.47 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 $3,251.47, and the costs of this action. Burton By: Attorney for The law firm of Burton Neil & Associates, P.C. is a debt collector. _, a~ i~ ~ti ~~1~~, send Naive a Riling Errors and Customer Service Inquiries to: HOME DEPOT CREDIT SERVICES PO BOX 553000. DALLAS TX 75285-3000 C~~~~ Account Statement Customw Servlq: myhomtldeliebOCOt1m.COm Maibd payments must be Or 1-866-~66.7dBS received by 5:00 p.m. CaMral Time on Account: ~ 6831 FEBRUARY o5, 2010 Cktektp Date JANUARY 112010 Ne1t1 Ck»Ing Dtle FEBRl1ARY052010 Credit Line $0.00 credit AvailatNa .00 Payment Dw Dab FEBRUARY .2010 MlMmum Payment Dw $1,058.00 Opet-Ng Balance Payments A CfWlts Purchases/Other Charype FINANCE CHARGES New Balance Revohring ealangf $3.128.39 $0.00 539.00 $85.05 $3,251.47 Pmmotbn Babnce $0.00 ~ $0.00 + tA.oO + $0.00 = Eo.00 Total Bahrtw $3,,25.39 $o.oo $39.00 $55.05 $3,251.47 1 RevoHi Balance includes non romdionel transaaarre ue Promotions that have a fired. CURRENT ACTINl7Y Tranpctlon Date LocatbMramactions Amoum Your late fee was based on an account balance of $3,126.39, which was your account balance on the late fee transaction date. SEE BACK OF STATEMENT FOR INFORMATION ON GRACE PERIOD AND PROMOTIONAL OFFERS. olros 01111 Z Z ,Z cQ Z 7S ' ~Z QV~ Z sZ a Z Z Z z z z z LATE FEE 'BILLED FINANCE CHARGES' ANNUAL PERCENT ATE on the account: 29.98%" 39.00 85.08 " The'ANNUAL PERCENTAGE RATE on the aceouM includes all traneaawn and penodic finance charges imposed this billing period on all balances on which finance charges wero imposed. Finance charges may be accruing on promaional balances and may be billed to your account under the terms a the promaional offer. Refer to the corresponding APR for the APR that applies to each balance. FINANCE CHAROE SUMMARY Balance Coneaponding Days in Periodic Other Subject to Daily ANNUAL Billing FINANCE FINANCE Finance Charge Periodic Rate PERCENTAGE RATE Period CHARGES CHARGES Cumin BNlittg Period REGULAR REVOLVE CREDIT PLAN $3,174.93 0.05218% (M) 28.98% 33 $88,08 _ Please Hoke: Due to new regulatory mandates, our promotional offers for purchases over $299 must change. Starting February 22, 2010, any eligible purchases posted to your account will require a minimum monthly payment. This Accoum Issued by Citibank (South DakrNa), N.A. Page 1 a 2 ----------------------------------------------------- --------------------------------- 'r Please detach here. Your Account Number New Balance Payment Due Dats Amount Minimum 6631 $3,251.47 FEBRUARY O8, 2010 Past Due $900.00 Payment Due $1,056.00 Make Checks Payable to: HOME DEPOT CREDIT SERVICES _ KBAVHD7 1 1!11/10 167809 A ~ I t Ilnull III 111 11 1 II I I I I 1 nll h I lu II I nnl II II I I III n IIII h I III ~ MICHAEL S EKSTEROWICZ 2081/2 MILL ST MT HOLLY SPGS, PA 170651717 Print address changes above in blue or black ink. Amount Enclosed Siti>Mirq February ~. 2010a minimum moMkN~r W1-~b Erar~a~nqulr6td on nswpromoMor$al ~....vras•~vi. HOME DEPOT CREDIT SERVICES PROCESSING CENTER DES MOINES, IA 50364-0500 111"II'I'I'Illlltlllllllllll'I'llli'lllll'I'll"IIIInll1111'lll IXHIBIT_ ~f Intormztlon A~ollt YoLB' Account • YOU! AtODIMT IS ISlUED Ry pfIBANR iY0Uy11 BARO7A), N.A. BALANCE EWJECT TO FINANCE CHARGE Tti1O•CYCLE AY[tABE DAIO' BALANCE (RICWDINf NEN TRANSACTIONSy-Nathof G It the periodic rate listedm the Finance Charge Summary Sedan of this statement is IoNowed by a "C", we figure a potion of the finance charge on your account each day by mWtiplyisxj the daffy balance for each balance (eq" each purchase wbject to promotidrrd terms other regrllar revolve credit plan puthaxs and other rnaja pur- chaxplan purrdasesl try the appliobk daily periotlic rate. We do [his eadr day of the hilNng period, incbd- inq the Cbsinq Date. In adtlitbn, fa each faWnca we mutiply the tlapy balance for each day of the prevF ous Dillkrq period by the applicable tlaily parbdk rate, unless yow accourk was cretlked for the amount required to gel the grace period on psrrdrase (described below in IAe sectbn entkled the Grace Period on Purchases) a a periodic finance charge was aheady biped on that balance. logel the daily balance, we lalre the beginranq balance for each balance every day, add any new purchases, tees, and any finance charge on the previausday's balance, subl tact arty crcdks or payments credited as of that day, and make other adjust- ments Acredit balance is treated as a balance of zero. The Balances Subject to Finance Charge are the arer- ages of the respective deity balances during the a~pcalpe bilpng periods. If you multipy the torrent cycle Balance S~ject to Finance Charge by the mrmblr of days in the bNWrq period antl M the applicable dairy periodic rate. and you multiply the Revlous cycle Galante Subled to Fnante Chargelif curremly wbject to a finance charge) by the nsalrber of days in that billMq Barba and by the apppcable dash parodic rate, and add these two figures togethec the result wtp be lice periodk finance charges assessed far mat balance, except for minor variationscaused by rorardkrq. ArERABE RAIlY BALANCE pNL7JN11NR NEN TRAMliACTI0N5--Mettlad N. It the periodic rate Hsted in the Flrwnce Charge Summary Srxtlon of Chis statement is blbwetl by a •H•, we liqure a portion of the tinarrce charge On your aaaud each OaY by multiplying lire daily balance fa each balance (e¢, each purchase wtr- jetl to prorrrolbnal lemx, other re~lar rerdve credit plan purchases old other major purchase plan pur- chases) by the applicable daily periodic rate We do this each day of thebNling period, including the Closing Uale. to gel the daffy balance, we lake the beginning balance la each balance every day, add any new pur- chases orb any finance charge on the previous day's balance, sublroct any creel its a payments credited as of that dad and make other adustments A credit balance is treated as a baance of ze% the Balances Subject to finance Charge are the averages nt the respective daily balances during Ure biNinq period. If you mop fly this fiqu re fa each ba{ente by the number of days in the bipinq period and by the appkable daily periodic rata the recap will bathe periodic tiRance charges assessed la that Dalanca except far mina vaM- aliau causes fry rounding AYERAfE OAIIY BALANCE (NICLUONO NE1B TRArISACTIDNSI~Md6ad I. If the periodic rate listed in the Finance Charge Summary Section of tips statement is followed by an "I', we use lIM falbwing calculation method To get the Balance Suti)ect to Finatrce Charge fa each balance (eq., eac h purchase wbject to pro- motional temss, Darer regular revolve endk plan purchases and olha major purdrase plan purchases} we take the tagbrWrq balance la that balance every tlay (indudinq finance charges imposed in previous bNNnq periadsl, add any new purchase, subtract any cretlits a payments credited as o1 that day, and make other adjuslsnenls. A credA balance is treated as a balance of zero. Ihis yives us the dopy balance, We add up all the daily balances lathe biNing period (including the balances on the Closing Dale) and divide by the total number of days in the bipinq period. This gives us the Galante Subject to Finance Charge la that balance. We figure a porton of your finance charge on transactbns subject to Ihis calculation method lay multiply- ingthe applkable monthly periodic rate for that balance by the Balance Subject to Finance Charge (includ- ing new transacdonsl. ArERME BAIp BALANCE p:IICLUBINf NLt1 TttANSAtTIONti}ANtMi K Ii the periodic rate listed in the Finance Charge Sraranary Section of this statement is INbwed hY a'yI", we use the folbwing calculation method To get the 8almrce Suhjed to Finance Charge fa each baance (e.~., each purchase wbject to pro- motional terms, other regular revoke creme plan purchases and other mayor purchase plan purchases} we take the berpmpnq balance for that balance every day and subtract any credits a payments Uedited as o1 that day and arty unpaid finance charges We do not add fn any new purchase. A credit balance is treated as a baacce of zero. This r;re us me dally balance We add up all the tlapy balances for the biWng period (inducting the balances on the Clrnirp Dale) and divide a' the total number of days in t he lp king period I his give us me Balance Sutljec9lo tinarrce Charge fa ltral balance. We Fqure a Bathe of your finance charge on Irensaclions subject to this cakuWtion method by multiplying the applkaWe monthty periodic rate fa that tralarce by the Balance Su~ect to Frsarce Charge (excluding new tramadions). AYERACE 11A1O' BALANCE (NICIININIB NEIL TRANEACTIONEIiNegraf L. If the periodic rate listed in the Finance Charge Summary Section of ttMs statement a idbtved by an •L•, we use the folbwing calculation method k get the Balance Subject to finance Charge fa eadr balance fey., each purchase subject to pro- motional terms, alfrer requbr rsrvalxe creak plan purchases and other ma)a purchase plan purchases) we take the beginMng Ixdance for that balance every day, add any new grrchases, and sr~tract any credits a payments credited as of that day and any unpaid linwsce charges A uedit balance is treated as a balance of zero. This gives us the daily balance We add upaN the dilly balances Ice the billing period (including the balances on the Closing Dale) and divide by the total number of days in the billing period. This gives us the Baance Subject to tinarxe Charge for that balance. Ne figure a portion of your finance charge on lransat- lions salrjed lothis calcWalian method by mulGpryi nq the applicable monthly periodk rate for Thal balance fry the Balarrce Siihject to Finance George (including new lransactiol~. - AY[RAOE iIAILT M WIC[ (INCLBBBfB N[W TRANBACTNNK}Natisof M. II lire periodic rate Bsled in the Finance Charge Summary of this statement is followed by an 7A", we ux the idbwinq calculation method. We calculale periodic iinence charges xparately for eactLpa~s~ce. Balances include regular purchases and different promotional balances. To get a delh babnca we scarf wkh the balance as of the end of the previ• ous day We add arty peffddc finance charge as the previous day's balance (This resWts in dairy compound• inq of finance charges) We add any new charges. We then subtract any new creaks a payments and make other adjustments. A credit baance is treated as a balance of zero We liqure the periodk flnancecharge by muNpryktq the daily balance by ks dairy periods rate. We aD flax for each day in the Dilfinq period The Balance Subject to Finance Charge is the average of Me daily halantK during the billing period.lf you mul~ tiply this figure breach balance by its dilly periorkc rate and by the number of days in the billing period, the resuN is the total periodic finance charge on prat balance Rounding may cause a small difference. PRITNOTIONS We may after you ptarro[ional terms br aB or a part of airy balances Arry promotional terms may Wryly la a limited period of lime. Ihey will be gownned by the terms of the promotional oiler and your Card Agreement. i hey may incude the No Interest, 096, and tqual Payment Plan oilers described below, Your promotional terms may end it you default rxMer the Card Agnernent beaux you do not make the minimum payment when due, go over the credit line, a make a payment to us that is nil honored • No hltaraat Na finmrce charges wiN De inpoxd on tips balance ii you pay the balance in IuN by me end of the promotional period WewiN impose linancecharges on ltps baWnfe ii you do not pay the bal• ante in lull by the end of the promotional period a the promotional terms are terminated. N'e will ~mpox Ibex financecharges Irom the date of purchase untH the balence is paid in full. fie promoion• al offer wiN speciy the amount of any minimum peyrneM required on this baance. • 096. No linerrce charges are knposed on this balarrce during the promotional period The promotonal offer will specify the amount of any minimum payment requked on this balance. • EWuelPayaarfPka.ThisbalancewillberepaidinequalminimumpaymentsThepromoti~nalofferwill specify the amount of the mirgmum payment required on this baance CIASNIf aII. At our discretion, tMs statement may include charges, fees, and payments on the Closing Date. GRACE PERpR ON PINICIMEES. You can avoid pedadic finance charges on purchases. I his is calved a grate period on purchases. The grace period is at least 20 days. Toget me grace period on purchases pa y me follow ing amounts by the due dale every fApinq period: • the qew Balance, less any No Interest 0% and Equal Payment Plan balances Thal expire after the pay mewl due dale, plus • the minimum monthly payments required fa your No Interest, 096, and Equal Payment Plan balances that expke alter the payment due dale. If you do not, you wiN not get a grate periotl unless you pay the above amounts by the due date (or two billing periods m a row. In adrRlion, certain promodonal often may lake away the grace period on purchaxs Other promo0onal often, i n addit ion to fb hrterest, 045 and Egwl Payment Plan otters, may also al bw you to have a grate period an pur- chaxs without haring topay all a a portion of the promotional balance by the due date. If either is the case, the promotional ofkr will describe what happera. BILLING RNBIi BIRRNARI: In Casa of Errors w Oeaetiarsa Abaat `leer BR L If you thinN your hill is wron¢ or if you need more information shoal a transadian on you kill, wrke us al the Billing Errors address on this statement as soon a possible. We must hear from you rro later then b0 days after we send you the Iirst tell on which the errs a emblem appeared You can telephone us, but doing so will not preserve your dgMs. In you r letter, give us the foNowinq inbrtnaGorc • Your name and account number. • The dollar amount of the suspected error. • Describe the error and ezplain, if you tan why you believe there is an errs. II you need more iMamation, desabe the keen you are amore abed. Please be sue all tomespontlerce is sgrretl tri the primary cardholder. You do rqt have to pay any amount in question while weave investigating. But you are stn obligated to pay the parts of your bill thal are not in question. While we investigate your question, we cannot report you as delin- quent onthe disputed item or lake amy action to tolled the amount you question. Speial RYN for CnNlt tart) PereAase. II you have a problem wkh the quality of goads or services itrat you purchased with a credit card, Nr0 you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaiMng amount due on the goods or services You have thh protection only when the purchase price is more than 550 and the purchase is made in your home stNe a wikan 100 mile of your mailing address. (If we own a operate the merchant, a'rf we mailed you the advertisement for the properly or xrvices, aN purchases are covered regardless of amount nr Inratinn ^r •,MCn.v s FINANCE CHARGES accrue from the date of purchase at the regular purchase rate in effect from time to tirsx and all accrued fINANCE CHARGES will be added to your Account for the entire promotional period if quaNfyfnq purchases (including premiums for optional credit insurance) are not paid in Lull before the end of the promotional period or if you tail to make arty required payment on yof-f AcLrotRll when due or make a payment to us that is not honored. See below for more details '"With starlit annfeval fee nraEfvim nrrrrhxne muse nn ts,• u,...,., n.•,w ,., tree n-_:-_ ^--• _-- -....._ .._...- --^,,, ,,, ,,,,,,, ,,.,.v„ ..~,.,~, „u ~,,.,,c~ ..~ curt r,rnu. rut accounts m goon s[anRing. APyIE up to 2fi.999i. Default APR Up CO 29.99%. Minxfsum FINANCE CHARGE: $2. Lower rates may apply. See card agreerneni for details inducting when the default rate applies. Offer is only valid for consumer accounts and is subject to change without notke. °"""•"""~• payment in proper form at our processing fackity by 5 p.m. ed ~ kd aa~nm~e ~ lafwe d N tl PAYMENT OPfNNe OTHER THAN IEWILAR MAII. OnUna hyaants. Visit myhomedepotaccountcom and sign up for Ina online a ments E dl t ~ e wip be Cfe lt es front of our statement for may! IPleax refer to the top right hand corner on the Y processing fati0ry lime zone.T A payment received at the processing facility in r f lt Th p y . nr men may take a few days If we restive you request to make an online payment by 5 p.m Eastern time, we will credit your payment as of that day and it will post wkhin three business da s II r i p oper orm a er al lase will be credited as of the next day. Albw 5 to 7 days for payments by regular mat to reach us. Ther2~ may be a delay of tip to S days in ttedil inq a payment we receive that is not in proper form i t y we ece ve your request to make an orWne payment after that time, we will credit your payment as of the next tlay and it will post within three business days. For xcurity reaxns you ma tre unable t or s no sent to fire correct address The correct address fa a payment sent by reguar mail is the address listed on the return emrelope or on the front of the payment coupon. A payment made in-store is not sent to the cared address The correct address la a payment sent W murier a express mail is the Express Payments , y o pay your entire New Balance with your first online payment Pq by PAoaa Sarrioa. You may use this service arty time to make a payment by phorre, if your account is l i Address shown below Pmper bra. fa a payment sent by mail or courier to be in proper form you must: e ig ble You will be charged SN.95 to ux this service. Call by 5 p.m Eastern time to have your payment creaked as of that day and posted within three business Days. If you call after that time, your payment will , • Enclaaa a valid ctwck a matey ceder made payable to Home Depd Credit Servkes. No cash, gift cards a be credited as di tee rrerd day and posted within three business days. We may profess your payment electronically alter we verify you ideMNy. , foreida,l:urrencyBlease. .--, ~° ;;.«, • I your name and account n mb fi ~ : :. Ern ~y~ab, Yau can xnd payrrserd by tourer or express mail to the Express Payments Address: u er on re front of your check a money ceder. If you aarrl an NtgltNa Nradr with tide payaaM agree, yea eutfsartea us b oemplah yesr p.y..nt Customer Service Cants, Attentlam Payment Mail Opening, 8725 W. Safvwa Ave., less Vegas, NV 89117. Payment must be received in proper form al the proper address by 5 p.m. Pacifk time to be aediled as of Thal day All eketmnie Nbit. If we fe. tla ryNSllHp aemeM w7 k feiitd In tfsa aaaswd on the r;Mek Ne say b tirh as sans» the fay rte Rotieatka idtaaN. AIe0. the ehedk wip ire destreMel. payments received in proper format the proper address alter that ti me wip be credited as of t he next day. In Store PeymrrMs Fa your added conrerpence payments tan be made al I he Ifom D P t copy Fae. We charge S5 fa earn copy ai a hiNing statemad that dales back 3 months or more We add the lee to a balance of our choosing. We rexrve the right to add this fee to balances subject to a higher annual , e epo s ores with no xrvice let Payments matle at the store prior to the store closing time will be posted to your account as of that day but avapabilky may be sWrjed to verification of funds percentage rate. Yre waive the fee If your request fa the copy rNates to a bill inq errs or tlisprrted purchase. REPORT A LOBT OR STOLEN GID INMEOIATEIY. You may call Customer Service 24 hours a day 1 days a week. Page 2 of 2 the Home Depot Consumer HD 0309A Verification I, TiP_n~ RPVn~id~ , 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. ,~ c~~ +~~ Signature C-43014 Michael S Eksterowicz Account number ending in 6631 1025 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff OF THE PROTHONOTARY Jody S Smith ?(10 DEC 3 PM (; O Chief Deputy Richard W Stewart CUMBERLAND COUNTY Solicitor CE 0; TH` SHERIFF PENNSYLVANIA Citibank (South Dakota) N.A. Case Number vs. 2010-7368 Michael S. Eksterowicz SHERIFF'S RETURN OF SERVICE 12/03/2010 08:17 PM - Noah Cline, Deputy Sheriff, who being duly swom according to law, states that on December 3, 2010 at 2017 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michael S. Eksterowicz, by making known unto Barb Eksterowicz, Wife of defendant at 2081/2 Mill Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to her personally the said true and correct copy of the same. NOAH CLINE, DEPUTY SHERIFF COST: $34.30 December 08, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Shenfr. Teleosott. Inc. I ` CITIBANK (SOUTH DAKOTA), N.A. IN THE COURT OF COMMON PLEAS 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff V. MICHAEL S EKSTEROWICZ 208 1/2 Mill Street Mount Holly Springs PA 17065-1717 Defendant : CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7368 CIVIL ACTION - LAW Praecipe for Default Judgment `' ° c:? ? To the Prothonotary: W C_ rn m .3 rn Please enter judgment by default for want of an answer in the above case in fa .9f tV plaintiff and against the defendant, and assess damages as follows: r= Q 3;m C-) ? -n =c: Principal: $3,251.47 v -4m TOTAL $3,251.47 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. 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 Bul AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN UNDER PA.R.CIV.P. 236 By: L 1) Pro Prothonotary The law firm of Burton Neil & Associates is a debt collector. C-43014 P.C. Edward J. O'Brien, Esquire Attorney for Plaintiff I.D. NO. 32985 1060 Andrew Drive, Suite 170 West Chester, PA 19380 ctw,?!,O%(010 or CITIBANK (SOUTH DAKOTA), N.A. : IN THE COURT OF COMMON PLEAS C-43014 V. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL S EKSTEROWICZ Defendant TO: Michael S Eksterowicz 208 1 /2 Mill Street Mount Holly Springs PA 17065-1717 DATE OF NOTICE: December 30, 2010 NO. 10-7368 : CIVIL ACTION - LAW IMPORTANT NOTICE You are in default because you have failed to enter a written appearance writing with the court your defenses or objections to the claims set fo hpersonally or by attorney and file in days from the date of this notice, a judgment may be entered a mrt you. Unless you act within ten your property or other im gainst you without a hearing and you may lose your portent 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. 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 CountyBar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 In making this communication, we advise our office is a debt collector. Burton Neil & Associates, P.C By:v Edw J• ei ,Esquire ?? Attorney for Plaintiff Identification No. 32985 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120