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HomeMy WebLinkAbout14-6331 Supreme Court of Pennsylvania Co11iI tJt Colnlnon Plus hril Coi'et Slieef. Avg-Prathvatortzrr Zse OnJt. I CUIVIBEINDCoa>ny Docket No. t d4*1 The informatiori'collected on this form is used_solell,fior court administration purposes. .Ibis form does not supplement or replace the ftlittg and ser-tree of pleadin s or other papers as required liv lath or mules qfcorti~t. S Commencement of Action: E N Complaint El of Summons -1 Petition ❑Transfer fi-om Another Jurisdiction ❑Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: T BARCLAYS BANK DELAWARE CAROLYN KREUTZER i � Are money damages requested? N Yes ❑ No Dollar Amount Requested: ®within arbitration limits 0 (check one) ❑outside arbitration limits N Is this a Class Action Suit? ❑ Yes N No Is this an MDJAppeal? ❑ Yes N No A Name of Plaintiff/Appellant's Attorney: Apothaker Scian P.C. ❑ Check here if you have no attorney (are a Self-Represented [Pro Se] Litigant) Nature of the Case: Place an"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 Prosecution N Debt Collection: Credit Card ❑Board of Assessment ❑Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑Nuisance ❑Dept.of Transportation ❑Premises Liability ❑ Statutory Appeal:Other ❑ Product Liability(does not S include mass tort) [I Employment Dispute: E Discrimination ❑ Slander/Libel/Defamation El ❑ Employment Dispute:Other } C ❑Zoning Board T ❑ Other: I ❑ Other: 0 MASS TORT N El Asbestos ❑Tobacco ❑Toxic Tort-DES REAL PROPERTY MISCELLANEOUS ❑Toxic Tort-Implant ❑Ejectment ❑ Common Law/Statutory Arbitration ❑Toxic Waste ❑Eminent Domain/Condenmation ❑Declaratory Judgment $ ❑Other: ❑Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑Non-Domestic Relations ❑Mortgage Foreclosure:Residential Restraining Order ❑ Mortgage Foreclosure: Commercial ❑ Quo Warranto PROFESSIONAL ❑Partition ❑ Replevin LIABLITY ❑Quiet Title ❑ Other: ❑Dental ❑ Other: ❑Legal ❑Medical ❑ Other Professional: Updated 1/1/2011 Our File No.: 378620 telts k_3 . Apothaker Scian P.C. By: David J. Apothaker, Esquire C. l J < < ;, 4,; Attorney J.D. #38423 i.;, 1i.1u's`t_'�.��IV1jt' 520 Fellowship Road Suite C306, PO Box 5496 Mt. Laurel,NJ 08054-5496 (800)672-0215 Attorneys for Plaintiff BARCLAYS BANK DELAWARE ) COURT OF COMMON PLEAS 125 S WEST STREET ) CUMBERLAND 99UNTY WILMINGTON,DE 19801 > /,/ &o j J r cl'-Wt NO : "( Plaintiff, ) vs. ) CAROLYN KREUTZER ) 414 ARLINGTON RD ) CAMP HILL, PA 17011-2106 ) Defendant. ) 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 twenty(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 claims 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 cowl 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. 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. CUMBERLAND COUNTY BAR ASSOCIATION 34 S. BEDFORD ST. CARLISLE PA 17013 717-249-316663)��15, -7 / C�Vk cLf- 113 9 P � �1aRq5 Y l Our File No.: 378620 Apothaker Scian P.C. By: David J. Apothaker, Esquire Attorney I.D. #38423 520 Fellowship Road Suite C306, PO Box 5496 Mt. Laurel,NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff BARCLAYS BANK DELAWARE ) COURT OF COMMON PLEAS 125 S WEST STREET ) CUMBERLAND COUNTY WILMINGTON, DE 19801 ) NO.: Plaintiff, ) vs. ) CAROLYN KREUTZER ) 414 ARLINGTON RD ) CAMP HILL, PA 17011-2106 ) Defendant. ) CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is BARCLAYS BANK DELAWARE, 125 S WEST STREET, WILMINGTON, DE 19801. 2. Defendant(s) is/are CAROLYN KREUTZER ("Defendant"), an adult individual residing at 414 ARLINGTON RD, CAMP HILL, PA 17011-2106. 3. At the special instance and request of Defendant, Plaintiff issued a credit account ("Account") to Defendant. 4. The Account number ends in 9514. 5. Defendant received, accepted and used the account by making purchases, balance transfers, and/or cash advances. 6. The account is in default due to Defendant's failure to make timely payments. 7. Although demand has been made, Defendant has failed to make payment of the amount due. 8. The amount due as of this date is $1,832.18. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $1,832.18 and requests this Court award costs to the extent permitted by applicable law. Apothak Sian P.C. Attorn y fo Plaintiff A Law Firm En aged in Debt Collection BY: David J. Ap aker,Esquire Our File No.: 378620 378620 VERIFICATION 1, \ �� j( c; reby state that I am aa�1 � for Plaintiff. I hereby verify that,upon information and belief, the statements made in the foregoing Civil Action Complaint are true and accurate. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Affiant Name New Castle County, DE Defendant's Name: CAROLYN KREUTZER Account Number: ending in 9514 Subscribed � to before me this Q�� ' / and sworn —D—day of JGne, Notary Public, County of New Castle, State of Delaware My commission expires: /,ol Y/ /3 N O ON i0 ' EXPIRES y•' _ San.24.201 5 _ v; j ••ZO 0ti'Q� r Ry P `AP\�� O11O Payment Due Date November 18,2013 G u Minimum Payment Due $659.82 Previous Balance $1,763.08 Statement Balance $1,832.18 MasterCard® Statement Pagel of 4 Primary Account Number Ending in:9514 Questions?Call 1-866-249-9926 Statement Billing Period:09/22/13 -10/21/13 www.BardaycardUS.com Account Summary Activity Summary Minimum Payment Due $659.82 Previous Balance $1,763.08 Payment Due Date 11/18/13 - Payments $0.00 Statement End Date 10/21/13 + Purchases $0.00 Credit Line $0.00 - Other Credits $0.00 Credit Available $0.00 + Balance Transfers $0.00 Cash Credit Line $0.00 + Cash Advances $0.00 Cash Credit Available $0.00 + Fees Charged $35.00 Past Due Amount $573.09 1+ Interest Charged $34.10 Overlimit Amount $0.00 IStatement Balance $1,832.18 Payment Information Statement Balance $1,832.18 Minimum Payment Due $659.82 i3 Payment Due Date 11/18/2013 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee of up to $35.00 and your APRs may be increased up to the Penalty APR of 23.24%. 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: I bu make no additional You will pay off the e � charges using tMs,card and balance shown on this �d You will: n p.pay ng statement in about... , a . " o' "an:estimated,total of.. each month you"pay .. " tom. .,..__. Only the minimum payment 8 years $3,078.00 I If you would like information about credit counseling services, please call 1-800-570-1403. 'Repayment information is based on your account activity and the APRs on your account as of the dosing date of this statement. Account activity after the dosing date is not reflected. To view your most recent transaction activity online,go to www.BardaycardUS.com. Detach here.Please make checks payable to"Card Services"and include this payment coupon in the enclosed envelope. Please allow 7-10 days for U.S.Postal Service delivery. Payment Coupon k Make payments online at Card Services www.BarclaycardUS.com P.O. Box 13337 Philadelphia, PA 19101-3337 Ir.I�III"�'I'�'�I'IIIIIII�II�I'IIS'lll�l"iI�III'I�I'I�IIII'I��' Check for address change. Complete form on the back. ------ manifest line --------- CAROLYN KREUTZER 414 ARLINGTON RD CAMP HILL PA 17011-2106 Amount Enclosed: Is Account Number -9514 Minimum Payment Due $659.82 I"I�III" 'I' '�I'IIIlI1tIII�I'II�'lll�l"II�IIII�I'I�IIII'I��' Statement Balance $1,832.18 Payment Due Date November 18,2013 r � Page 2 of 4 Gulf Rebate Summary Prior Rebate balance $0.00 Redeem d'�Ttti"s�Slat'e�"'ment� $0.00 � Earned This Statement $0.00 Bonus/,Parombtional Rebate $0.00 Rebate Available $0.00 Retiates'�ear etlrsince . $TO.UO Activity for CAROLYN KREUTZER-card ending in 9514 No Transaction Activity At This Time Summary of Fees and Interest Fees Charged — Trans Date Posting Date Transaction Description Amount 10/18 10/18 LATE PAYMENT FEE $35.00 Total.F,ees for this.Period $35.00 a Interest Charged } 8 Trans Date Posting Date Transaction Description Amount 10/21 10/21 INTERESTCHARGEON PURCHASES $6.05 10/21 10/21 INTEREST CHARGE ON CASH ADVANCES $28.05 Total Interest for this 1Period $34.10 Year-to-Date Summary,of Fees and Interest Charged* Total Fees charged in 2013 $350.00 Total Interest charged in 2013 $314.35 .This Year-to-Date Summary reflects the Fees and Interest charged on billing statements with closing dates in 2013.The Summary does not reflect any fees or interest adjustments and/or credits that have been made. Interest Charge Calculation - 30 Days in Billing Cycle Promotional Balance ANNUAL Rate End Subject to PERCENTAGE Interest Date Interest Rate RATE(APR) Charge Current Purchases — $316.33 23.24°/u(v) $6.05 Balance Trarisfers — Current Balance Transfers/Checks — $0.00 23.24%(v) $0.00 Gash Advances Current Cash Advance — $1,467.80 23.24%(v) $28.05 Total $34.10 Your Annual Percentage Rate(APR)is the annual interest rate on your acoount (v)=Variable Rate bardaycard Important Information A;„y.i**-„t$vlii*y BARCLAYS Page 3 of 4 Lost or Stolen Card:Your credit card is issued by Barclays Bank considered a"non-conforming payment” which may delay the Delaware. If your card is lost or stolen, please contact us crediting of the payment for up to 5 days. immediately at 1-866-249-9926 at any time. Other Payment Options: Payment Information:Each billing cycle, you must pay at least the Online:Visit www.BarclaycardUS.com to sign up for Pay Credit Card Minimum Payment Due shown on your monthly statement by its to pay your account online. Payments made on our website by 7:00 Payment Due Date. Both the Minimum Payment Due and Payment P.M. ETwill be credited to your account that same day. Due Date are noted on your statement and on the Accounts page Pay by phone:To make a payment by phone please call when you login to www.BarclaycardUS.com. At any time you may 1-866-249-9926. Payments made by phone by 7:00 P.M. ETwill be pay more than the Minimum Payment Due up to the full amount credited to your account that same day. you owe us,however you cannot "pay ahead". This means that if Overnight Payments:Send overnight courier service or USPS Priority you pay more than the required Minimum Payment Due in any Mail payments to REMITCO,Card Services, Lock Box 913337,2080 billing cycle or if you make more than one payment in a billing cycle, Cabot Boulevard West, Langhorne, PA 19047.A payment received at you will still need to pay the next month's required Minimum this address by 5 P.M. ETthat otherwise meets the requirements of a Payment Due by your next Payment Due Date. Remember to make conforming payment will be credited to your account that same day. all checks payable to Card Services. Please allow 7 days for the U.S. Postal Service to deliver your payment to us.Upon our receipt,your How We Will Calculate Interest. available credit may not be increased by the payment amount for up We use a method called "daily balance (including new purchases)." to 7 days to ensure the funds from the bank on which your payment We calculate interest separately for each"Balance Subject to Interest is drawn are collected and not returned.When you provide a check Rate." These include for example, Purchases at the current rate, as payment on this Account, you authorize us to either use the Balance Transfers at the current rate, Cash Advances at the current a' information from your check to make a one-time electronic fund rate, and different promotional balances. Your monthly billing transfer from your account or to process the payment as a check statement shows each"Balance Subject to Interest Rate." 8 transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account To calculate interest, we first calculate a daily balance for each as soon as the same day we receive your payment, and you will not Balance Subject to Interest Rate. We start with the balance, for that receive your check back from your financial institution. For inquiries, Balance Subject to Interest Rate,as of the end of the previous day. or to opt out of one-time electronic fund transfers, please call We add any interest calculated on the previous day's balance. (This 1-866-249-9926. means interest is compounded daily). We add any new Purchases, Balance Transfers or Cash Advances to the appropriate balance, Mailed Payments:A conforming payment received by us by 5 p.m. ET subtract any new payments or credits from the appropriate balance, will be credited to your account the day of receipt. A"conforming and make other adjustments. A credit balance is treated as a payment" is a payment that: 1)is mailed using the enclosed balance of zero. We then multiply each daily balance by the envelope and payment coupon included with this statement or applicable daily periodic rate. We do this for each day in the billing mailed with a payment coupon printed from period. That gives us the daily interest. We add up all the daily www.BarclaycardUS.com to Card Services, P.O.Box 13337 interest for all of the daily balances to get the total interest for the Philadelphia, PA 19101-3337;and 2)is in the form of a single, billing period. non-folded check or money order made payable in US dollars from a US based institution. Any payment that does not meet these Accrual of Interest and How to Avoid Paying Interest on Purchases. requirements, or any payment with multiple checks or money orders, Your due date is at least 23 days after the close of each billing cycle. additional correspondence, staples, paperclips, etc. will be On Purchases, interest begins to accrue as of the transaction date. However, you may avoid paying interest on Purchases (except for purchases of Cash Equivalents which includes money orders, Continued on Page 4 Make changes to your contact information below. Name Address City State Zip Home Phone Work Phone E-mail Address 1 RK 02bardagcord Important Information Armml— r fRRCiAYS ,a Page 4 of 4 travelers checks, foreign currency, lottery tickets, gambling chips, or We can apply any unpaid amount against your credit limit. wire transfers. Cash Equivalents are treated as Cash Advances and do not have a grace period. See your Cardmember Agreement for Your Rights If You Are Dissatisfied With Your Credit Card Purchases more information) in any given billing cycle if you pay your Statement Balance in full by the Payment Due Date. For Balance If you are dissatisfied with the goods or services that you have Transfers, interest will accrue from the transaction date which purchased with your credit card, and you have tried in good faith to generally will be the day we send the Balance Transfer to the payee. correct the problem with the merchant, you may have the right not For Checks, interest will accrue from the transaction date which to pay the remaining amount due on the purchase. generally will be the day the payee accepts the Check. For Cash Advances, interest will accrue from the transaction date which To use this right, all of the following must be true: generally will be the day you take the Cash Advance. If you are charged interest in a billing cycle, we will charge a Minimum Interest 1. The purchase must have been made in your home state or Charge (or"Minimum Charge") on your Account if the total interest within 100 miles of your current mailing address, and the charge in that billing cycle is less than the amount of the Minimum purchase price must have been more than $50.(Note: Interest Charge that was disclosed in your Cardmember Agreement. Neither of these are necessary if your purchase was If a Minimum Interest Charge is applied to your Account in a billing based on an advertisement we mailed to you, or if we cycle it will appear on your statement as a"Minimum Interest own the company that sold you the goods or services.) _ Charge" or"Minimum Charge" in the Summary of Fees section on 2• You must have used your credit card for the purchase. your statement. Purchases made with cash advances from an ATM or with a check that accesses your credit card account Credit Bureau Disputes:If you believe that an entry we have made do not qualify. a on your credit bureau report is inaccurate or incomplete, please 3. You must not yet have fully paid for the purchase. contact the reporting agency directly or contact us at Card Services, 8 P.O.Box 8803 Wilmington, DE 19899-8801. Please include your If all of the criteria above are met and you are still dissatisfied with name; your account number; the credit reporting agency where you the purchase, contact us in writing at: received the bureau report; a description of the error; and why you believe it is an error. We will promptly investigate, notify you of our Card Services findings, and send an update to the credit bureaus if warranted P.O.Box 8802 within 30 days. Wilmington, DE 19899-8802. While we investigate, the same rules apply to the disputed amount What To Do If You Think You Find A Mistake On Your Statement as discussed above. After we finish our investigation, we will tell you If you think there is an error on your statement, write to us at: our decision. At that point, if we think you owe an amount and you do not pay,we may report you as delinquent. Card Services Please refer to your Cardmember Agreement for additional P.O.Box 8802 information about the terms of your Account. Wilmington, DE 19899-8802. ©2013 Barclays Bank Delaware 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. 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. 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. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY H4., i 'RO 1 71V?' Q , i'e 2[IV4NOS 20 .PM I6 ..�. CUMBERLAND COUNT -II tritot FFICE OF T E £kEFIFF PENNSYLVANIA Barclays Bank Delaware vs. Carolyn Kreutzer Case Number 2014-6331 SHERIFF'S RETURN OF SERVICE 11/03/2014 07:44 PM - Deputy Noah Cline, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Carolyn Kreutzer at 414 Arlington Road, Camp Hill Borough, Camp Hill, PA 17011. NOAH CLINE, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, November 05, 2014 RONIN' R ANDERSON, SHERIFF (c) CountySuito Sheriff, Teieosoft. Inc. Our File No.: 378620 "2 Apothaker Scian P.C. By: Benjamin J. Cavallaro, Esquire F.. Attorney I.D. #307949 520 Fellowship Road Suite C306, PO Box 49 - Mt. Laurel, NJ 08054-5496 (800) 672-0215 Attorneys for Plaintiff BARCLAYS BANK DELAWARE Plaintiff, vs. CAROLYN KREUTZER Defendant. I COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO.: 14-6331 Civil Action STIPULATION IN LIEU OF JUDGMENT The matters and things in controversy having been discussed by and between the parties, and a settlement having been agreed upon: It is on November 17, 2014, STIPULATED by and between BARCLAYS BANK DELAWARE ("Plaintiff') and CAROLYN KREUTZER ("Defendant"), as follows: 1. Plaintiff filed suit in the above captioned matter seeking damages in the amount of $1,832.18, plus court costs in the amount of $215.75, for a total of $2,047.93. 2. As of this date, payments totaling $682.64 have been applied to the aforementioned sum leaving a balance due of $1,365.29. 3. Defendant agrees to remit payment(s) in the following manner: a. $682.64 to be paid on or before December 24, 2014; b. $682.65 to be paid on or before January 4, 2015. You or your representative authorized two (2) post-dated checks, listed above. 4. All payments shall be made payable to "BARCLAYS BANK DELAWARE", and sent to the office of Plaintiffs attorney, Apothaker Scian P.C., located at the following address: Apothaker Scian P.C. 520 Fellowship Road Suite C306, PO Box 5496 Mt. Laurel, NJ 08054-5496 1 tit 5. In the event Defendant fails to pay in accordance with the terms set forth in this Stipulation and the default is not cured within ten (10) days, then Plaintiff shall be entitled to obtain the entry of Judgment against Defendant in the suit amount, plus court costs, as specified in paragraph one (1) of this stipulation less any sums paid pursuant to this Stipulation, upon ex parte application, with supporting certification, and with notice to Defendant in the form of a copy of the application addressed to Defendant by first- class, postage prepaid. We hereby consent to the form and entry of the within Stipulation. Apothaker Scian P.C. Attorneys for Plaintiff A Law Firm Enga,y in Debt Collection By: Benjamin J.[:llaro, Esquire Attorney ID# 307949 By: Defendant 2