The URL can be used to link to this page

Home My WebLink About09-6170r s Burton Neil & Associates, P.C. By: Robert J. Kane, Esquire lD. NO. 209794 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 BRYAN J GABNER NO. t_,14-/7(f ?? j li; I T-QY1VI 6 Plainview Road, Camp Hill Pa 17011-7928 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-25373 A Burton Neil & Associates, P.C. By: Robert J. Kane, Esquire ID. NO. 209794 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. BRYAN J GABNER 6 Plainview Road, Camp Hill Pa 17011-7928 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 9- 4/ 7 6 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 Bryan J Gabner, who resides at 6 Plainview Road, 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 3314 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. 46 8. Defendant's actions as set forth above constituted an account stated between parties for the sum of $12,187.40 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 $12,187.40, and the costs of this action. Burton Neil & Associates, P.C. By: R ert Y. Kane, Esquire A rn y for Plaintiff 'The law firm of Burton Neil & Associates, P.C. is a debt collector. 05/04/09 $12187.40 $1612.29 SITE:KC-CL TM:CO-5000 ACID:KCB0203 05/14/09 21:29:39: CITI CARDS PO BOX 183051 BRYAN J GABNER COLUMBUS, OH 6 PLAINVIEW RD 43218-3051 CAMP HILL PA 17011-7928000 i Citi"' Dividend Platinum Select' Card C t e Account Number r 3314 Customer Service: 1-800-866-9900 Total Credit Line Available Credit Line Cash Advance Limit Available Cash Limit New Balance $14300 $0 $4300 $0 $12187.40 BOX 6500 Statement/ Amount Over Purch/Adv Minimum SIOUX FALLS, SD Closin Date 9 / / 2 4redit Line 0 00 + Past Due $1166 37 I?Inimum Due 445 92 = + Amount Due $1612 29 57117 04 09 0 1 . . . $ . Sale Date Post Date Reference Number Activity Since Last Statement Amount rd Purch 4/09 LATEdFEE - MAR PAYMENT PAST DUE 39.00 66 0000 0000000000 4/09 PURCHASES*FINANCE CHARGE*PERIODIC RATE 275.07 84 0000 0000000000 Standard Adv 4/09 ADVANCES*FINANCE CHARGE*PERIODIC RATE 10.85 84 0000 0000000000 Your late fee was based on your account balance as of the payment due date (04/03/09), which was $11,862.48. Your account is now 3 MONTHS PAST DUE and currently closed. Please call the toll-free number shown above to learn about our special payment options. Call Monday - Friday, 7 am to 9 pm, or Saturday, 8 am to 5 pm, Central Time. Contact us today ; we can help! Go online at: www.paymentsolutions.citicaras.com to login or register. Account Summary Previous (+) Balance & Purchases (-) Payments Advances & Credits (+) FINANCE (=) New CHARGE Balance PURCHASES $11 412.36 $39.00 0.00 $275.07 $11 726.43 ...?.. ADVANCES 1450.12 $0.00 0.00 1 $10.85 460.97 TOTAL $11,862.48 $39.00 0.00 $285.92 $12,187.40 Days This Billing Period: 29 Rate Summary Balance Subject to Periodic Nominal ANNUAL PURCHASES Finance Charge Rate APR PERCENTAGE RATE a y Standard Purch $11,544.61 0.08216%(D) 29.990% 29.990% ' \ ADVANCES Standard Adv $455.34 0.08216%(D) 29.990% 29.990% Uj Verification Shauna Houghton 1, 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. V Signature C-25373 :Bryan J Gabner Account number ending in 3314 1000 2009 SEP I I Pty 12: 2 J CUM tr+i `r w'. I# ?Jj - S-6 yj ? * a73G "f7q Sheriffs Office of Cumberland County R Thomas Kline FILED-C), ? F,IcE Sheriff OF THE ??,?ntiv cst ?uutbr?f??? Ronny R Anderson } Chief Deputy 2009 SE- 15 P11 Z: 3? Jody S Smith Civil Process Sergeant SFr' r ' r``E iY Edward L Schorpp Solicitor Citibank (South Dakota) N.A. Case Number vs. 2009-6170 Bryan J. Gabner SHERIFF'S RETURN OF SERVICE 09/14/2009 07:51 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2009 at 1951 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Bryan J. Gabner, by making known unto himself personally, at 6 Plainview Road Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 SO ANSWERS, .60eae 0-- September 15, 2009 R THOMAS KLINE, SHERIFF BY Deputy Sheriff JASON M. RETTIG, PABN 200948 418 WILLARD RD HATBORO, PA 19040 (267) 879-9054 Attorney for Defendant BRYAN GABNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIBANK (SOUTH DAKOTA) N.A. Case No.: 09-6170 Civil Term Plaintiff, VS. CIVIL ACTION - LAW BRYAN GABNER Defendant. PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance for BRYAN GABNER, defendant, in the above titled case. DATED: September 17, 2009 - I ?L JAS RETTIG, PABN 200948 418 WILLARD RD HATBORO, PA 1904 .(267) 879-9054 Attorney for Defendant BRYAN GABNER ANSWER AND NOW, this 17'' day of September, 2009, comes the defendant BRYAN GABNER, by and through his attorney Jason Rettig, who admits, denies, and alleges as follows: 1. Defendant, BRYAN GABNER, admits to the facts contained in paragraph one, that the plaintiff is CITIBANK (SOUTH DAKOTA) N.A., with a principal place of business situated at 701 EAST 60'' STREET NORTH, SIOUX FALLS, SOUTH DAKOTA. 2. Defendant, BRYAN GABNER, admits to the facts contained in paragraph two, that he resides at 6 Plainview Rd, Camp Hill, Cumberland County, PA. 3. Defendant, BRYAN GABNER, admits the facts alleged in paragraph three, that the Plaintiff is a national banking association, engaged in various types of banking business including consumer lending through the issuance of credit cards. 4. Defendant, BRYAN GABNER, admits the facts alleged in paragraph four, that he was furnished consumer credit my means of a credit card with account number ending in 6847. 5. Defendant, BRYAN GABNER, does not have sufficient information to admit or deny the facts alleged in paragraph five, that the Plaintiff kept accurate running records of all debits and credits to the account. 6. Defendant, BRYAN GABNER, admits facts alleged in paragraph six, that the Plaintiff mailed her monthly statements stating the previous balance, the debits, and credits to the account for the prior billing period. 7. Defendant, BRYAN GABNER, admits facts alleged in paragraph seven, that he had, for many months, made payments on the account of the billing statement or retained it without paying. 8. Defendant, BRYAN GABNER, denies the facts alleged in paragraph eight, that her actions have constituted an account stated between the parties for the sum of $12187.40. WHEREFORE, the defendant respectfully requests this honorable court enter judgment in favor of the defendant and that Complainant take nothing by said Complaint; that Defendant recover its cost of action herein; and such other relief as the Court may deem proper. Respectfully submitted, DATED: September 17, 2009 L--- JAS(4??MRETTIG, PABN 200948 418 WILLARD RD HATBORO, PA 19040 (267) 879-9054 Attorney for Defendant BRYAN GABNER i ' VERIFICATION I, Defendant, BRYAN GABNER, verify that the facts set forth in this answer are true and correct to the best of my knowledge, information, and belief DATED: ? D Defendant BRYAN GABNER RLE)OPa OF THE TARP 209 SEP 30 Ph 13 42 "%u&uwr Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. BRYAN J GABNER Defendant C') C? rn = Zp f'n o : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-6170-CIVIL TERM : CIVIL ACTION - LAW Praecipe to Discontinue To the Prothonotary: Kindly discontinue the above-captioned action without P.C. The law firm of Burton Neil & Associates is a debt W i?tein, Esquire ;v for Plaintiff C-25373 / 314