HomeMy WebLinkAbout10-5851RED-OFFICE
13 PH 1: 3 4
PENN&ILVANA
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.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT D HENRY III NO. 10 - 5851 C'M ITerm
43 Irish Gap Road, Newville PA 17241-9548
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-38897 A1.00 PO A-My
C78 acm
P'4 ?14 8 I&D
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.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
ROBERT D HENRY III
43 Irish Gap Road, Newville PA 17241-9548
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 Robert D Henry III, who resides at 43 Irish Gap Road, Newville,
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 1722 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 $10,690.01 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 $10,690.01, and
the costs of this action.
Burton Neil 7&Associates, P
By: t
Neil Sarker, Esquire
Attorney for Plaintiff
The law firm of Burton Neil & Associates, P.C. is a debt collector.
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- Detach and follow payment inatructione on resent
Makt.heckpW.bltto:AT&T Universal Card
New Balance:
Minimum Payment MinimuDue:
$10,690.01
Payment Due Date:
03/16/2010
000000 MC 32 A 0
ROBERT D HENRY 111
43 IRISH GAP RD
AT&T UNIVERSAL CARD
Ni PA 17241-9548
Account Number:
-1722
Amount Enclosed:
Payment must be rectived by 5:00 PM
local time on the payment due date.
P.O. BOX 182564
COLUMBUS, OH 43218-2564
EXHIBIT .?_,
Verification
I, Mark Molinario , am employed by Citicorp Credit Services, Inc. (USA)
(hereafter CCSI), a subsidiary of plaintiff, Citibank (South Dakota), N.A. CCSI is a service
provider for plaintiff in that it services credit card accounts owned by plaintiff. I am authorized to
make this verification on behalf of plaintiff. The statements of facts set forth in the complaint are
true and correct upon my information and belief and are made subject to the penalties of 18 Pa.
C.S. Section 4904, relating to unsworn falsification to authorities.
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Signature
C-38897
Robert D Henry III
Account number ending in 1722
1000
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
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Citibank (South Dakota) N.A. Case Number
vs. 2010-5851
Robert D. Henry
SHERIFF'S RETURN OF SERVICE
09/28/2010 03:54 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September
28, 2010 at 1554 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Robert D. Henry, by making known unto Kelly Henry, Wife of defendant at 35 Irish Gap
Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to
her personally the said true and correct copy of the same.
SHERIFF COST: $38.80
September 29, 2010
i ~~
DENNIS RY, DEPU
SO ANSWERS,~~
~~' ,
RON R ANDERSON, SHERIFF
(cj CountySuite Sheriff. Te1ec.=,oft. Inr,.
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
NO. 10-5851 civil term
ROBERT D HENRY III
43 Irish Gap Road
Newville PA 17241-9548
f jai
e _- +.,
Defendant : CIVIL ACTION - LAW r" _ _
r'i
,
Praecipe for Default Judgment k'o ;
.
To the Prothonotary: - - - ,
Please enter judgment by default for want of an answer in the above case in fobr 06thd,y'
plaintiff and against the defendant, and assess damages as follows:
Principal:
TOTAL
$10,690.01
$10,690.01
Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. §
4904 relating to unworn 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 Burton Neil & Associ eS, P.C.
AND DAMAGES ASSESSED AS ABOVE.
NOTICE GIVEN UNDER PA.R.CIV.P. 236 By:
dJk,,?' - Neil Sarker, Esquire
Attorney for Plaintiff
P othonotary 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-38897
,gyp I
Y
CITIBANK (SOUTH DAKOTA), N.A.
Plaintiff
V.
ROBERT D HENRY III
Defendant
TO: Robert D Henry III
43 Irish Gap Road
Newville PA 17241-9548
DATE OF NOTICE: October 21, 2010
: IN THE COURT OF COMMON PLEAS
C-38897
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 10-5851 civil term
: CIVIL ACTION - LAW
IMPORTANT NOTICE
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 paper to your lawyer at once. ff you do not have a lawyer,
go to or telephone the office below. 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
In malting this communication, we advise our office is a
debt collector.
Burton Neil do Associates, P.
By:
Neil Sarker, Esquire
Attorney for Plaintiff
Identification No. 203465
1060 Andrew Drive, Suite 170
West Chester, PA 19380
(610) 696-2120
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.
Plaintiff
V.
ROBERT D HENRY III
Defendant
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10-5851 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-----Z /9
Prothonotary
By:
4ue
If you have any questions concerning the above, please con ct:
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.