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HomeMy WebLinkAbout13-4303 Supreme Court of Pennsylvania For Prothonotary Use Only: Court of Common Pleas Docket No: Civil Cover Sheet 13 - (_15D9 CUMBERLAND County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace thefiling and service ofpleadings and other papers required by law or rules of the court. Commencement of Action: ® Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking S E Lead Plaintiffs Name: Lead Defendant's Name: C CITIBANK, N.A. JAMES F HUTH T 1 O Any money damages requested ?: ® Yes ❑ No Dollar Amount Requested: o within arbitration limits N I (check one) ❑ outside arbitration limits A Is this a Class Action Suit? ❑ Yes ® No Is this an MDJAppeal? ❑ Yes 0 No Name of Plaintiff/Appellant's Attorney: Brit J. Suttell, Esquire ❑ Check here if you have no attorney (are a Self- Represented (Pro Sel Litigant) Nature of the Case Place and "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important, TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Possession ® Debt Collection: Credit Card ❑ Board of Assessment S ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections E ❑ Nuisance ❑ Depart. of Transportation C ❑ Premises Liability ❑ Statutory Appeal: Other T ❑ Product Liability (does not ❑ Employment Dispute: I include mass tort) Discrimination O ❑ Slander/Libel/Defamation ❑ Employment Dispute: Other ❑ Zoning Board N ❑ Other: ❑ Other: B ❑ Other: MASS TORT • Asbestos • Tobacco ❑ Toxic Tort - DES • Toxic Tort - Implant • Toxic Waste • Other: REAL PROPERTY MISCELLANEOUS ❑ Ejectment ❑ Common Law /Statutory Arbitration ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto • Dental ❑ Partition ❑ Replevin • Legal ❑ Quiet Title ❑ Other: • Medical ❑ Other: ❑ Other Professional: Z }13 JUL 23 A h b3 vCf �E3 RLAND COUNTY 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. IN THE COURT OF COMMON PLEAS 701 East 60th Street N Sioux Falls, SD 57117 V. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA JAMES F HUTH NO. 2810 W Rosegarden Blvd Mechanicsburg PA 17055 -5313 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 Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 CIS) C -61401 / 304 Telephone No. 717- 249 -3166 or 800- 990 -9108 CL V,4 -4 IJ 1 3 7< p d J C� �Y /9 12.E Qq.?ge BURTON NEIL & ASSOCIATES, P.C. Neil Sarker, Esquire, Id. No. 203465 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 JAMES F HUTH NO. 2810 W Rosegarden Blvd Mechanicsburg PA 17055 -5313 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 James F Huth who resides at 2810 W Rosegarden Blvd, Mechanicsburg, 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 0834. 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 $7,083.18 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 $7,083.18, and the costs of this action. B n s ci tes, P.C. B�iVeil a er, Es uire y.: Brit . Suttell, Esquire This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. C- 61401 ✓ 205 A ccount Statement ce of Customer Service: SEA RS C BilCARDling and Cust S erv i ce Inquiri es to: sears Sears MasterCard' searscard.com PO Box 6282, Sioux Falls, SD 57117 -6282 ® Account Inquiries: 1- 800 -669 -8488 y4CCOUnt ;Number; I)834 SUmmary of Account Activi Pa ent Information Previous Balance $6,893.36 Pa Payments New Balance $7 083.18 Other Credits - 0.00 Minimum Payment Due - 0.00 $2 Payment Due Date Purchases 0.00 April 22, 2013 Cash Advances 0.00 Late Payment Warning: If we do not receive your minimum payment by the Fees Changed + 35.00 date listed above, you may have to pay a late fee up to $35. Interest Charged +$154.82 Minimum Payment Warning: If you make only the minimum payment each New Balance $7,083.18 Period, you will pay more in interest and it will take you longer to pay off our - Past balance. For example: Due Amount y $900.05 - f;:You iak2 "i You.W.i�l` .?Ott: And you will Credit Limit 0.00 ohares us1i this darn: balance shown an fh15 p paying art end:.0 Available Credit 0.00 and each >#lorrtti you pay; statement Ili about esttIn ted total of Cash Advance Limit 0.00 Only the minimum payment 21 years $18 Available Cash Limit 0.00 Amount Over Credit Limit $ 283 3 years ngs =$ 2 1 083.18 (Savings =$8, 360) Statement Closing Date 03/26/2013 If you would like information about credit counseling services, call 1- 877 -33 Next Statement Closing Date 04/25/2013 7 -8188. Days in Billing Cycle 32 Your account is seriously past due. Amount past due is shown above. Arrangements for future payments should be made immediately. TRANSACT IONS Trans Date Description FEES Reference # Amount 03/22 LATE FEE TOTAL FEES FOR THIS PERIOD $ 35.00 $ 35.00 Your tax refund can help bring your account up to date. 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. o Call 1 518 -9052 today. For our TDD line call 1 926 -5818. NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 of 4 a ME 17 This Account is - Citibank, N.A. ------ - - - - -- ------------------------------------------ + Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records T Sears MasterCard tPast Due Amount is included in the Minimum Payment Due. iPaym ent Due Date New Balance Past Due Amountt Minimum Payment Due Amount Enclosed APRIL 22, 2013 $7,083.18 $90005 $2,244.05 $ STAMPS, TIME... AND TREES! Visit Account Online and register now for Online Bill Pay, Paperless Statements and More. 021 0834 07083.18 0224405 0040100 171 000 6 Make Checks Payable to: SEARS CREDIT CARDS PO BOX 183082 JAMES F HUTH COLUMBUS, OH 43218 -3082 2810 W ROSEGARDEN BLVD MECHANICSBURG, PA 17055 -5313 Print address changes above in blue or black ink. EXHIBIT A Information About Your Account. What Will Happen After We Receive Your Letter How to Avoid Paying Interest on Purchases. Your payment due date is at least When we receive your letter, we must do two things: 25 days after th4 close of each billing cycle. We will not charge you any interest on 1. Within 30 da s of receiving purchases if you pay your New Balance by the payment due date each month. Y l your letter, we must tell you that we received Your letter. This is called a grace period on purchases. If you do not pay the New Balance in ay will also tell you we have already corrected the error. full by the payment due date, you will not get a grace period on purchases until 2. Within 90 days h receiving You pay the New Balance in full for two billing cycles in a row. We will begin explain to you we believe the bill is correct. why 9 Your letter, we must either correct the error or charging interest on cash advances and balance transfers (if available on your While we investigate whether or not there has been an error: account) on the transaction date. If you have a balance subject to a deferred interest promotion and that promotion hat amoufntry to collect the amount in question or report you as delinquent on does not expire before the payment due date, that balance (the "excluded The charge in question may remain on your statement, and we may promotional balance ") is excluded from the amount you must pay in full to get a continue to charge you interest on that amount. grace period. However, you must still pay any separately required payment on the While you do not have to pay the amount in question, you are responsible excluded promotion. In billing cycles in which payments are allocated to deferred for the remainder of your balance interest balances first, the deferred interest balance will be reduced before any We can apply any unpaid amount against your credit limit other balance on the account. However, you will continue to get a grace period on After we finish our investigation, one of two things will happen. purchases so long as you pay the New Balance less any excluded promotional balances in full by the payment due date each billing cycle. If we made a mistake. You will not have to pay the amount in question or any In addition, certain promotional offers may take away the grace period on interest or other fees related to that amount purchases. Other promotional offers not described above may also allow you to if we st not believe there was a mistake: You will have w ill send you a to pay the amount have a grace period on purchases without having to pay all or a portion of the in que along with applicable interest and fees. We w promotional balance by the payment due date. If either is the case, the statement of the amount you owe and the date payment is due. We may then promotional offer will describe what happens. report you as delinquent if you do not pay the amount we think you owe. How We Calculate Your Balance Subject to Interest Rate. We use a daily It You receive our explanation but still believe your bill is wrong, you must write to balance method (including current transactions) to calculate interest charges. To us within 10 days telling us that you still refuse to pay. If you do so, we cannot find out more information about the balance computation method and how the report you as delinquent without also reporting that you are questioning resulting interest charges were determined, contact us at the Account Inquiries We must tell you the name of anyone to whom we reported you as delinuent, and number on the front we must let those organizations know when the matter has been settled between Balance Transfers. Balance transfer amounts are included in the "Purchases" line us. in the Summary of Account Activity (if balance transfers are available on your If we do not follow all of the rules above, you do not have to pay the first $50 of account). the amount you question even if your bill is correct. Transaction Date. The Transaction Date shown on the statement is also the Sale Your Rights if You Are Dissatisfied With Your Credit Card Purchases Date. If Credit Reporting Disputes. If you think we reported inaccurate information to a You credit cardE and d yo avetr in good faith t t a corrre t the problem with the credit bureau write us at the Customer Service address shown on the front. merchant, you may have the right not to pay the remaining amount due on the Report a Lost or Stolen Card Immediately. Call the Account Inquiries number purchase. shown on the front To use this right, all of the following must be true: What TO Do If You Find A Mistake On Your Statement 1. The purchase must have been made in your home state or within 100 If you think there is an error on your statement, write to us at the address for miles of your current mailing address, and the purchase price must have billing inquiries and correspondence shown on the front of your statement been more than $50. (Note: Neither of these are necessary if your In your letter, give us the following information: the company mat sod you the goods or services.) d to you, or if we own Account information: Your name and account number. 2. You must have used your credit card for the purchase. Purchases made with Dollar amount: The dollar amount of the suspected error. cash advances from an ATM or with a check that accesses your credit card • Description of problem: If you think there is an error on your bill, account do not qualify. describe what you believe is wrong nd why 3. You must not et have fully 9 y you believe it is a mistake. Y paid for the purchase You must contact us: If all of the criteria above are met and you are still dissatisfied with the purchase, Within 60 days after the error a y contact us in writino at the address for billing inquiries and correspondence shown ppeared on our statement. on the front of your statement. At least 3 business days before an automated payment is scheduled, if you want While we investigate, the same rules apply to the disputed amount as discussed to stop payment on the amount you think is wrong. above. After we finish our investigation, we will tell you our decision. At that point, You must notify us of any potential errors in writino You may call us, but if you do if we think you owe an amount and you do not pay, we may report ou as we are not required to investigate any potential errors and you may have to pay delinquent Y the amount in question. EM SMC TGI SCC-SCP -HIPs 01/12 T02388. 1238- 5300 - 0007- 9{- O-X-0 3/ 01/ 88- 89— P— O-- 4- 402-O.q- SRSCHMSG --01 /28/13 -GDWS- February 22, 2013-0-0-y N— Important Payment Instructions. Payment Options Other Than Regular Mail. Right to Prepay Your Account. You may pay all or part of your account balance In-Store Payments (Where Available). Any payment in proper form accepted at any time. However, you must pay, by the payment due date, at least the minimum payment due. in -store will be credited as of that day. However, credit availability may be nq Payments. If we Credits Pa subject to verification of funds. Not all stores accept payments. Contact your receive your payment in proper form at our processing local store to see if in - store payments are accepted at that location. facility by 5 p.m. local time there it will be credited as of that day. A payment Online Payments. Visit the web address on the front and sign up for online received there in proper form after that time will be credited as of the next day. payments. Enrollment may take a few days. If we receive our Allow 5 to 7 days for payments by regular mail to reach us. There may be a delay an online payment by 5 p.m. Eastern time, we will credit your Pamenttasoof ake of up to 5 days fn Crediting a payment we receive that is not in proper form or is that day. If we receive your request to make an online not sent to the correct address. The correct address for regular mail is the we will credit your payment as of the next day. For security rthat ou may be address on the front of the payment coupon. The correct address for courier or unable to pay your entire New Balance with your first online payment express mail is the Express Payments Address shown below. AutoPay Service. If you are enrolled in this service, your payment amount will Proper Form. For a payment sent by mail or courier to be in proper form, be deducted automatically each month on your due date from the bank account Enclose a valid check or money order. No cash, gift cards, or foreign you must you select. currency please. Pay by Phone Service. You may an use this service Include your name and account number on the front of your check or money be charged $14 Y time to make a Payment by phone. You will .95 if a representative of ours helps expedite order. your payment. Call by 5 p.m. Eastern time to have your payment credited as of If you send an eligible check with this payment coupon, you authorize us to that day. aYou c all after that time, your payment will be credited as of the next complete your payment by electronic debit. If we do, the checking account will Express Payments o cans send payment by I courier or expre sss mail to the our be debited in the amount on the check. We may do this as soon as the day we Express Payments Address. This address is- Payments Department, 1500 receive the check. Also, the check will be destroyed. Boltonfield Street, Columbus, OH 43228. Payment must be received in proper Copy Fee. We charge $3 for each copy of a billing statement that dates back 3 form at the proper address by 5 P.M. Eastern time to be credited as of that day. months or more. We add the fee to the regular purchase balance. We waive the fee All payments received in proper form at the proper address after that time will if your request for the copy relates to a billing error or disputed purchase. be credited as of the next day. Page 2 of 4 Account: * * ** * * ** * * ** 0834 TRANSACTIONS cont. Trans Date Description INTEREST CHARGED Reference # Amount 03/26 INTEREST CHARGE ON PURCHASES 03/26 INTEREST CHARGE ON CASH ADVANCES $ 147.47 TOTAL INTEREST FOR THIS PERIOD 7.35 $ 154.82 2013 Tfltals:.y o Qafe Total Fees Charged in 2013 $105.00 Total Interest Charged in 2013 $424.63 RCASHADVANCES CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. nCe,` . = Ann�alPercentage,Rate;( ?APR) _ !Balance $objet t;tuinterestRate_ Irate -0$t Cl arge 25.24% D V NCES $6 66475 $147.47 V at D e D = Dai 308.72 7.35 an SUMMARY nts Balance 0 d 0 ted 0 med 0 ts Balance 0 Page 3 of 4 Account: * * ** * * ** * * ** 0834 Page 4 of 4 Verification I Ashley Cooley 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 unworn falsification to authorities. Date: Signature C -61401 James F Huth Account number ending 0834 1032 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 3 Sheriff w `'� -=• Jody S Smith . r _ Chief Deputy °. ± co 'c ry Richard W Stewart OF,FICF OF THE r�` -V Solicitor Citibank, N.A. Case Number vs. 2013-4303 James F Huth SHERIFF'S RETURN OF SERVICE 08/01/2013 07:19 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Kris Huth, Wife, who accepted as"Adult Person in Charge"for James F Huth at 2810 W. Rosegarden Blvd., Upper Allen, Mechanicsburg, PA 17055. -09 JASON KINSLER, DEPUTY SHERIFF COST: $39.30 SO ANSWERS, August 02, 2013 RON R ANDERSON, SHERIFF (c)County$ulte Sheriff,Teleosoft,!nc. Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK, N.A. JAMES F HUTH Plaintiff v. Defendant C-61401 / 324 THE PROTHONCITAk 2014 MAR 3 I PM 2: 09 .- CIMERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 13-4303-CIVIL : CIVIL ACTION - LAW Praecipe to Settle, End, & Discontinue To the Prothonotary: Mark the above matter Settled, Ended and Discontinued. Burton Neil & Assois, P.C. By: Neil Sarker, Esquire Attorney for Plaintiff This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector.