HomeMy WebLinkAbout09-5571Burton 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.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CHRISTINA M MOTCHENBAUGH :NO. CA - SS71 tv? L Terms
20 Yankee Drive
Mount Holly Springs Pa 17065-1036
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-23961
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.
CHRISTINA M MOTCHENBAUGH
20 Yankee Drive
Mount Holly Springs PA 17065-1036
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09- 5571 Ouxa Tt-'
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 Christina M Motchenbaugh, who resides at 20 Yankee Drive, 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) AT&T
Universal credit card with account number ending in 4795 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 $3,744.57 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 $3,744.57, and
the costs of this action.
Burton Neil & Associates, P.C.
V
Edward J. O'Brien, Esquire
Attorney for Plaintiff
The law firm of Burton Neil & Associates, P.C. is a debt collector.
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Total New Balance:
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Minimum Amount Out:
"714.37
Payment Due Date:
07/Iq/2000
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CHRISTINA M MOTCHENSAUGH
20 YANKEE DR
MOUNT HOLLY SPR PA 17065.1036
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_(Wh ll ?__? _ ONWi MN MNw MYn?•K YUlcoitlNN mrW+o
MoeeatwP.yMwa,AT&T Univoraal Curd
n Account Number:
4795
of !!!/// ??I Amount Enclosed:
Poymnt Must be I\co ves by 5:00 PM
local time on the ps"Irlt d" sib.
AT&T UNIVERSAL CARD
P.O. Box 162564
COLUMBUS, OH43216-2564
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Verification
I,
1 iiegMaN a?aauud
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
unsworn falsification to the authorities.
C-23961
Christina M Motchenbaugh
Account number ending in 4795
1000
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418, so P.0 Am/
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aagoaa
Sheriffs Office of Cumberland County
R Thomas Kline
Sheri
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
y?tr at r"44A
y
OFFICE OF ?- SIERIFF
O 7N? ?Ds "r%
2009 AUG 25 Aid 10: Gb
CUMPI L ? .?N Y
Citibank (South Dakota) N.A.
vs.
Christina M. Motchenbaugh
Case Number
2009-5571
SHERIFF'S RETURN OF SERVICE
08/13/2009 03:27 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on August
13, 2009 at 1527 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Christina M. Motchenbaugh, by making known unto herself personally, defendant at 20
Yankee Drive 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.
SHERIFF COST: $34.30
August 14, 2009
SO ANSWE
i
R THOMAS KLINE, SHERIFF
By
Deputy Sheriff
CITI13ANK (SOUTH DAKOTA), N.A.
701 East 60th Street N, Sioux Falls, SD 57117
Plaintiff
V.
CHRISTINA M MOTCHENBAUGH
20 Yankee Drive
Mount Holly Springs Pa 1706.5-1036
Defendant : CIVIL ACTION - LAW
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. 09-5571 CIVIL TERM
$3,744.57
$3,744.57
Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. §
4904 relating to unswom 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.
NOTI GIVEN ER PA.R.CIV.P. 236
Pro othonot
n
Atto rney for Plaintiff
I.D. NO.32985
1060 Andrew Drive, Suite 170
West Chester, PA 19380
B Wifard tes, P.C
Yen, Esquire
The law firm of Burton Neil & Associates is a debt collector.
C-23961
CTI'1BANK (SOUTH DAKOTA), N.A.
Plaintiff
V.
CHRISTINA M MOTCHENBAUGH
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 09-5571 CIVIL TERM
CIVIL ACTION - LAW
Notice of Intention to File Praecipe for Default Judgment
TO: Christina M Motchenbaugh
20 Yankee Drive
Mount Holly Springs Pa 17065-1036
IMPORTANT NOTICE
C-23961
You are in default because you have failed to enter a written appearance personalty 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 ton (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: September 8, 2009
In making this communication, we advise our office is a
debt collector.
Neil & Associates, P.C.
Attorney tom" ' laib
Identification No. 32985
1060 Andrew Drive, Suite 170
West Chester, PA 19380
(610) 696-2120
cc: Harold W. Shepley, Esquire
209 W Patriot St
Somerset, PA 15501
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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.
Plaintiff
V.
CHRISTINA M MOTCHENBAUGH
Defendant:
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 09-5571 CIVIL TERM
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 9/oZ$f07
rotho
By:
Deputy
If you have any questions concerning the above, please contact:
Edward J. O'Brien, 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.