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HomeMy WebLinkAbout09-4366 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 (SOUTH DAKOTA), N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. GREGORY S HESS 108 Blacksmith Road Lower Alley Camp Hill Pa 170118423 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09- 14N. C. N; i Ter'111? : 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-23002 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 (SOUTH DAKOTA), N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. GREGORY S HESS 108 Blacksmith Road Lower Alley Camp Hill Pa 170118423 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. D 9 - -136(, Cc .! ?t vm : 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 Gregory S Hess, who resides at 108 Blacksmith Road Lower Alle, Camp Hill, 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 ending in 8652 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 $5,030.06 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 $5,030.06, and the costs of this action. Burton Neil & Associates, P.C. By: Neil Sarker, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. r O ? 2 e O al q O H m N M Y O LO o u Q Y N m t , O C O C m a 10 N Y a - i V g N r 6 O O43 X x xr ? od D o?? S ? V m rn In Y an '? Y do rn N 0J5 O O C 9 E a m V Q E Ln CA ? r?i as co E= E s . n S >: > ' Z Y C 10 10 7 0 7 V dm N ' 9 Zm' W UW i1 4.Z iu €s u e.y •Zi ?s .a ] I *i 6m •O O O Q .-1 .a ?o 0 I O ?O a •o Ott v A F 2-00 LL O O O M O O O h In N ? - Q d ?' N ?? V 9 N eH V N ? C? T ei 0 S Ln er E w O T A and o ? .? ct o,a uui Y N O 2o ei 'V m a s '. o- _ r E ° n1 N = 3 G mO 2 H F M ca E? a ?N w 0 ?r"1 ?? ? o? >r 0 -o>a+T ro o,:; a E co c m?vwN a iri n v 'n h m O N C d A o E r D 0pm 00 ad amv-- T N O C O y J ' O c 0 a + O 0 c 0 C O Y C d j J 0 O M m 3 d O 2 5 0 9 " r J .0 cu r u c n« E O > 3 N E O m O ?! y C - 1 6 e, E ? > m do 0 c 01 w ou > a c m r>0? >m V >n E O O y ' a n c a Y YE\ E ?I 1 L A y m • m • O `a y 0 c v -^ d 0 L N ? La CD q C ~i o ~al o io > N M i0 > ?. o 'q -+-.. ++ 'a •• Q na w o N If p 3 ? o a V a E . >orn L =:.0W date pall amoun t paid _ che ck b _ Detach one follow payment Instructions on reverse make chockpayameto:CM Cards Total New Balance: A ber- S5r030-06 8652 Minimum Amount Due: Amount Enclosed: SSAM-06 Payment Due Date: Payment must be received by 5:00 PM t'r/loU 0$/19/900e Mcal time on the payment due data. 000000 MC 32 A 0 GREGORY S HESS PO BOX 281 CITI CARDS CAMP HILL PA 17001-0281 P.O. BOX 182564 COLUMBUS, OH43218-2564 EXHIBIT E g N v g u c e r o c g '^ 'o M 0 70 > N g q 0 'IV C ,,0 o < ? wN Om » • _c? p 702 V uca0 4 W Ll <~ W ZW< `u d' W L a Ea o< z vv .4X i? CL 0 jV N y CU? qC A ? f0 U) N W S N Y R O 0 N W 10 ,0 0 OD Verification I, ShwM 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. th6 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. Signature C-23002 Gregory S Hess Account number ending in 8652 1000 2009 JUN 29 PM 2: (2 ? E NSYLVANA -,OIOpUGH BRU(3f, 08.5o Po Al-N (,.:5'0040 p14 ajl5g6 Sheriffs Office of Cumberland County R Thomas Kline of'Clu t6"r fig Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy cF F``s''F THE S4=RIFF Civil Process Sergeant Citibank (South Dakota) N.A. Case Number vs. Gregory S. Hess 2009-4366 SHERIFF'S RETURN OF SERVICE 07/01/2009 01:25 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 1, 2009 at 1325 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Gregory S. Hess, by making known unto Kara Williams, daughter of defendant at 108 Blacksmith Road Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 July 02, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy Sheriff c- v 'Tj M r-= M w ? CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff V. GREGORY S HESS 108 Blacksmith Road Lower A] le Camp Hill Pa 17011-8423 Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4366 CIVIL TERM : CIVIL ACTION - LAW Praecipe for Default Judgment 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 $5,030.06 $5,030.06 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. NOT GIVEN U DER PA.R.CIV.P. 236 P Prothon Burton Neil & Associates, P.C. By: Neil Sarker, Esquire Attorney for Plaintiff I.D. NO. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C-23002 iff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. GREGORY S HESS Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO.09-4366 CIVIL TERM CIVIL ACTION - LAW Notice of Intention to File Praecipe for Default Judgment TO: Gregory S Hess 108 Blacksmith Road, Lower Alley Camp Hill Pa 17011-8423 IMPORTANT NOTICE C-23002 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: July 28, 2009 In making this communication, we advise our office is a debt collector. Burton Neil & Associates, P.C. By: - - Neil Sarker, Esquire Attorney for Plaintiff Identification No. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 1% OF nMAnr zm,ms PN 2132 *14.ba pp AYN MI ; aaa P 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 (SOUTH DAKOTA), N.A. IN THE COURT OF COMMON PLEAS Plaintiff V. CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4366 CIVIL TERM GREGORY S HESS 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 onAh f3/l.??ot Protonot By: Deputy If you have any questions concerning the above, please contact: Neil Sarker, 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.