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HomeMy WebLinkAbout07-6347Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348 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 V. STEVE E WESTHAFER 71 Silver Crown Drive Mechanicsburg PA 17050-1638 IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 0/7 -- 403V (f, U L C-76Lm 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 Telephone No. 717-249-3166 or 800-990-9108 C-12045 11111111 III IIINI IIIN IIIII IIIII IIIII IIII IIII 11111111 IIIII 111111 IIII IIIII IIIII 111111 IIIII II IIIIIIII IIIII II 1111111111111 II IIIIIIII IIIII II IIII Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348 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. STEVE E WESTHAFER 71 Silver Crown Drive Mechanicsburg PA 17050-1638 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 6 7- 6 3v 7 / Y-o- Defendant : 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 Steve E Westhafer, who resides at 71 Silver Crown Drive, 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. Plaintiff furnished consumer credit to the defendant by means of a credit card with account number 5424180522713657 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 $5,370.29 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 $5,370.29, and the costs of this action. By: Neil &/Associates, P.C. eil, Esquire for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. 03/22/07 $6730.29 $1867.20 SITE:KC-CL TM:CO-5000 ACID:KCB3104 05/22/07 22:22:36: STEVE E 11ESTHAFER 71 SILVER CROWN DR MECHANICSBURG 17050-1638000 PA CITI CARDS PO BOX 183069 COLUMBUS, OH 43218-3069 Citi Driver's Edge® ttie atl Platinum Select Card -Charter Rbts 5424 1605 2271 3657 Customer Servim 1-800-866-9900 Total Credit Line Available Credit Line Cash Advance Limit Available Cash Limit New Balance $5930 $0 $3300 $0 $6730.29 BOX 6500 Statement! SIOUX FALLS. SD Clesi Data 7 Amount Over Credit Line Past Due Pare"Adv 1?I ,mum Dua Minimum Amount Due 57117 02/27 07 72 $800.29 + $799.49 4 1267.42 = $186T.20 Sale Data Post Data Reference Num ber Activity S11m* Lat Statement Amount 2/27 2/03 2/03 YV9VG*00 2/27 2/27 2/27 Standard Purch LATE FEE - JAN PAYMENT PAST DUE 66 0000 DRIVE AMERICA AUTO CLB 800-321-4649 TX 61 M5969USA 2019 OVER CREDIT LIMIT FEE 62 0000 PURCHASES•FINANCE CHARGE*PERIODIC RATE 84 0000 Purch/Adv Thru 11129/2006 PURCHASES•FINANCE CHARGE*PERIODIC RATE 84 0000 DRIVER'S EDGE REBATES SUMMARY Activity This Period Purchase Rebates Earned 0.14 NEW DRIVER'S EDGE REBATES 0.14 Previous Balance Purchase Rebates Earned 570.26 PREVIOUS DRIVER'S EDGE REBATES 570.26 TOTAL REBATES AVAILABLE 570.40 39.00 0000000000 6.95 75414917034 39.00 0000000000 9.03 0000000000 153.39 0000000000 Bonus Rebates may take one to two billing cycles to appear on your statement. Please refer to the specific terms and conditions pertaining to the promotion for further details. Your 1 to fee was based on your account balance as of the payment due date (02/22 07), which was $6,489.87. Your account is seriously past due and your credit privileges have been suspended. Please call the toll-free number shown above to learn about our special payment options. Call Monday - Friday, 7 am - 9 pin, or Saturday, 8 am 5 pm, Central Tine. EXHIBIT--- STEVE E WESTHAFER bew Date Post Deb Reference Number Activity Slag Last Statement Amount Account Summary Previous + Purchases - Payments ¦) eyy + FINANCE Balance & Advances & -Credits CHARGE Balance PURCHASES $6,482.92 $84.95 O $162.42 $6 730.29 TOTALCES 82 9 84 95 J : 0 , $ :6,4 . 2 $ .00 $162 42 $6,7 0 29 Days This Billing Parlod: 28 Rate Summary Balance Subject to Fi Ch Periodic Nominal ANNUAL, nance arge Rate APR PERCENTAGE RATr PURCHASES Standard Purch $365.11 0.08833%(D) 32.240% 32.240% Purch/Adv thru 11/29/2006 $6.201.98 0.08833%(D) 32.240% 32.240% ADVANCES Standard Adv $0.00 0.08833%(D) 32.240% 32.240% Verification I, Shauna Houghton am an employee of Citicorp Credit Services, Inc., (USA) which is by contract the service provider for plaintiff CITIBANK (SOUTH DAKOTA), N.A. retained to perform services on its behalf. I am authorized to make this verification as attorney-in-fact for plaintiff under powers of attorney from plaintiff to Citicorp Credit Services, Inc. (USA) and to me. The foregoing averments of fact in the within pleading are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to the authorities. laax-ug Signature Shauna Houghton Steve E Westhafer 5424180522713657 Q ? Q „q ?t W d ?J c-> P1 /L`) i pr? V 7Z C) r -?1 OV) SHERIFF'S RETURN - REGULAR CASE NO: 2007-06347 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK (SOUTH DAKOTA) N A VS WESTHAFER STEVE E WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WESTHAFR STEVE E the DEFENDANT , at 2100:00 HOURS, on the 20th day of November-, 2007 at 71 SILVER CROWN DRIVE MECHANICSBURG, PA 17050-1638 by handing to STEVE WESTHAFER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 .00 3 7 . 6 0 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 11/21/2007 BURTON NEIL & ASSOCIATES By. " - X?Z, Deputy Sheriff of A. D. 5 CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff V. STEVE E WESTHAFER 71 Silver Crown Drive Mechanicsburg PA 17050-1638 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 IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6347 P : CIVIL ACTION - LAW $5,370.29 $5,370.29 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 AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN UNDER PA.R.CIV.P. 236 cai g r Prothonotary B?rton Neil-&"A"'ssociates, P.C. B The law firm of Burton Neil & Associates is a debt collector. $ eil, Esquire Attorn for Plaintiff I.D. M. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 C-12045 CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. STEVE E WESTHAFER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6347 P : CIVIL ACTION - LAW Notice of Intention to File Praecipe for Default Judgment TO: Steve E Westhafer 71 Silver Crown Drive Mechanicsburg PA 17050-1638 IMPORTANT NOTICE C-12045 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 notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office 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 Telephone No. 717-249-3166 or 800-990-9108 DATE OF NOTICE: December 13, 2007 Burg Neil 4sociates, P.C. Attorney for Plai iff Identification N 11348 In making this communication, we advise our office is a 1060 Andrew D ve, Suite 170 debt collector. West Chester, P 19380 (610) 696-2120 111111111111l11151111I111 1111l1INNININ11111IN11111 rv 4 T CRM Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348 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 : CUMBERLAND COUNTY, PENNSYLVANIA V. STEVE E WESTHAFER NO. 07-6347 P Defendant : CIVIL ACTION -LAW Rule of Civil Procedure NO. 236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on /& /'51 10 Prothonotary By.?[ Deputy, I N:13 If you have any questions concerning the above, please contact: Burton Neil, 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.