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HomeMy WebLinkAbout10-6045FILED-OFFICE OF THE F^OTHONOTARY 2010 SEA' 20 PFD 12' 52 OU , ERLAND COUNT" Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire ID. NO. 209422 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 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 toU'rj CV. ERICA E WEARY 3 Cottage Court, Mechanicsburg PA 17050 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 s' Cumberland County Bar Assoc. 32 South Bedford Street ?I Carlisle, PA 17013 g • Ud '?T C-39233 Telephone No. 717-249-3166 or 800-990-9108 8'x!319 C ?C' Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire ID. NO. 209422 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 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ERICA E WEARY 3 Cottage Court, Mechanicsburg PA 17050 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 Erica E Weary, who resides at 3 Cottage Court, 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(n) AT&T Universal credit card with account number ending in 0134 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 $7,551.74 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 $7,551.74, and the costs of this action. Burton Neil & /AssoAssocP.C. B Trenton A. Farmer, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. En r - m pr aP O N O NO O &n uZ `D ro y U r O ilo a dN m , ap W N 0 s o 0 0 'o IM 30 Ja zz-4 s 1 ? 2Wa o ? 0 ? g Qolz O O E w u o 7M '`ohn 33 7 c • Y ii 1 0 0 i O W O 11 p ~ ?s > EQ G M 0 J O N O 1 O a Z n O ? N E<' a ?V mXO u r U r U 01 O ] ^ o 1 `0 Cc 0 W ? S? tla - vri uq + f $ ` $ p K ?a !d a W `'' c '- a c q 0 'a O O rc 3l? W a ? ? K i _ W IL o 4 a o. = 'Q F N ! V t a• > F=- W I AI a ?? ! of 44 O C, C, in W N v w O W Lt O W Ottto O f w Oiw O.Z . v L J ' s Q o u o 2 2 J i ? >- s a r u a a c m- E Q¢ $ c $ o o G EL 0) alm 0 t I I O V M r O a G ? 1 3 q ? V i T d 1E O 0, a a O -o j t\'1 ( A. o T .w oQ W Y f3 z h q °- ° > na $ $ ,- f t to 0 !oi o E E C W C . O w 3 ! 7 7 Q O O V 3 i c- O ` • w < r V 0 O i o o to « u 3 a W Q _ Y V W h, I !o o r4 io ?o o ;n ly 8 a W •r (1)0008 0 ' O o ?o io (" i i Ir _ q O N v, o o ! 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J o - 3 _( al w 0 ! ? aR, o ? da O ay -° E n > W V > ° Q A V A A a U ¢ C H R R J A a - C3 Q T 511- C > VC q u j Q C - C O C W ' Y 2 a0 SEr=?E?n `o date Paid a".."M FwLi tt-k a Detach and fallow payment YwtruatfoM on rw.n. MMecwca Dayeal.to:AT&T Universal Card www.univ*rsaleard.com New Balance: count Number: 57,551.74 / -q 0134 Minimum Payment Due: I Amount Enclosed: $7,551.74 Payment Due Date: 03/2812010 Payment- tbe -.rv.dby 5:00PM local time an the Payment due date. 000000 MC 32 A 0 ERICA E WEARY 3 COTTAGE CT AT&T UNIVERSAL CARD MECHANICSBURGPA 17050-3171 P.O. BOX 182564 COLUMBUS,OH4WIB1T # Verification Lso4a Phenix I, , 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. Signa e C-39233 Erica E Weary Account number ending in 0134 1000 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~g~t~~tr at ~:u~b~~~~,4 Jody S Smith Chief Deputy ~~ }, ~ ~ ~~ ,~sx.. . Richard WStewart -'t' ~ `` Solicitor ~ "=E '~ F rr~rr s"FR'rF Citibank (South Dakota) N.A. vs. Erica E. Weary Case Number 2010-6045 SHERIFF'S RETURN OF SERVICE 09/23/2010 11:32 AM -Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on September 23, 2010 at 1132 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Erica E. Weary, by making known unto Zethan Weary, Husband of defendant at 3 Cottage Court, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 September 27, 2010 s~~-~ RYAN BURGETT, DEP SO ANSWERS, RON R ANDERSON, SHERIFF ~°o ®~ ""a ~., -~ !"r7 ..~... 1 S jam, r.~ ~ r ~C"=' %' W fa ~ ,T l4.a ~, ~'? ,~ ~ (c~ CountySui[e Sheriff. Teleosoft utic !- ~i OF TNELI~R~~~ON TARY ERICA E. WEARY 3 Cottage Court ZQ~Q (~~~{ 26 ~~ 9t ~+~ Mechanicsburg, PA 17050-3171 (717) 766-8060 CUMBERLAND COUP~~Y Defendant in Proper Person FE~NSYLVAHIA IN THE COMMON PLEAS COURT OF THE STATE OF PENNSYLVANIA IN AND FOR CUMBERLAND COUNTY CIVIL DIVISION CITIBANK (SOUTH DAKOTA), N.A., Plaintiff, v. ERICA E. WEARY, Defendant, Dockct Number: 10-504 C~zil Teri„ ANSWER OF DEFENDANT Defendant ERICA E. WEARY answers the Complaint of CITIBANK (SOUTH DAKOTA), N.A. as follows: 1. The Defendant is without sufficient information to admit or deny the allegations of Paragraph 1 of the Complaint and therefore denies said allegations. 2. The Defendant admits the allegations of paragraph 2 of the Complaint. 3. The Defendant is without sufficient information to admit or deny the allegations of Paragraph 3 of the Complaint and therefore denies said allegations. 4. The Defendant admits the allegations of paragraph 4 of the Complaint. 5. The Defendant is without sufficient information to admit or deny the allegations of Paragraph 5 of the Complaint and therefore denies said allegations 6. The Defendant is without sufficient information or recollection to admit or deny the allegations of paragraph 6 of the Complaint and therefore denies said allegations. Further, the Defendant demands a complete accounting reflecting all charges and credits to the account. 7. The Defendant does not recall whether or not the statement shown in Exhibit A of the Plaintiff's Complaint was ever mailed to him. He admits that he made payments on the account. 8. The Defendant is without sufficient information, recollection, knowledge or legal knowledge to admit or deny the allegations of Paragraph 8 and therefore denies said allegations. Further, the Defendant demands a complete accounting reflecting all charges and credits to the account. Further answering: 9 The Plaintiff has an affirmative duty to prove the amount of the debt. If the Plaintiff cannot prove the amount of the debt, this matter should be dismissed with prejudice. 1 J. The answering Defendant alleges that the amount claimed by Plaintiff has been inflated to include improper ~ /er-limit charges, finance charges and late payment fees inappropriately charged by Plaintiff. Defendant Page 1 of submits that these charges are unconscionable and to allow Plaintiff to collect these amounts would be inequitable, and that the extra fees and costs applied by Plaintiff created an impossibility of performance. 11. Defendant denies that Plaintiff is entitled to collect these sums under any contract with Plaintiff. 12. Defendant contends that Plaintiff has charged excessive interest, late fees and penalties, and that there is no enforceable contract between the parties that would allow Plaintiff to recover the amounts already charged. 13. Due to the excessive amounts charged by Plaintiff, Defendant has not been able to reduce the debt, making performance of any obligation impossible, and Defendant contends that these fees should discharged in their entirety. Defendant denies Plaintiff is entitled to recover the interest that was rolled into the amount sought by Plaintiff, and demands an accounting of how it came to the amounts prayed for in the complaint. 14. Defendant desires to avoid bankruptcy and urgently wants to pay her debt. However, she needs additional time to do so. WHEREFORE, Defendant prays: 1. That Plaintiff take nothing by way of the complaint; 2. That Defendant(s) recover costs, and reasonable attorney fees, if incurred; 3. That Plaintiff be required to specifically prove all allegations in this action, including the existence of an enforceable contract containing the interest rate and fees applied to this account; 4, That the Plaintiff be awarded no attorney's fees or cost of suit; 5. That no derogatory information appear on the Defendant's credit record as a result of this law suit; 6. That the Defendant be granted more time to pay any debt that she actually owes; and, 7. That the Court award such other and further relief as the nature of this case may require. VERIFICATION The Defendant verifies that the statements made herein are true and correct based upon her knowledge, information and belief. The statements are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. RICA E. WEA Y Cottage Court Mechanicsburg, PA 17050-3171 (717) 766-8060 Defendant in Proper Person Page 2 of 3 CERTIFICATE OF SERVICE The Defendant(s) HEREBY CERTIFY that on this ?2day of ~~o~ , 2010, a copy of the foregoing pleading was mailed, first-class, postage pre-paid to: Trenton A. Farmer, Esq. BURTON NEIL & ASSOCIATES, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Attorneys for Plaintiff ...~ CA E. WE This document was prepared by, or with, the assistance of an attorney licensed in PA and NV and employed by Persels & Associates, LLC /Persels & Associates, LLP (CA, MI) / Persels & Associates, PLLC (NC) - 800-498-6761. Page 3 of 3 0 Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire ID. NO. 209422 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Telephone: 610-696-2120 Y for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. V. ERICA E WEARY Plaintiff Defendant To the Prothonotary: .7 11 LED-OFFICE '?? pROTHONa1'Af. r: 2012 HA Y 21 py r. 13 CU O COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6045 civil term : CIVIL ACTION - LAW Praecipe for Entry of Judgment on Stipulation Pursuant to the authority set forth in the attached agreement between the plaintiff and defendant, enter judgment on behalf of the plaintiff, CITIBANK (SOUTH DAKOTA), N.A., and against the defendant, ERICA E WEARY and assess damages in the sum of $7,551.74 less credits for payments made in the amount of $1,799.00 for a total balance due of $5,752.74, plus costs. Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire Attorneys for Plaintiff cp%A ° I 4 tv + 1 a?yAS And now, this a day of , 2019, _ judgment is entered on behalf of the plaintiff, No?Ce CITIBANK (SOUTH DAKOTA), N.A. and against the defendant, ERICA E WEARY, in the sum of $7,551.74 less credits for payments made in the amount of $1,799.00 for a total balance due of $5,752.74, plus costs. Prothono t f CU E Co Depu The law firm of Burton Neil & Associates is a debt collector. C-39233 ' Jan.20. 2012 5:44PM Burton Neil & Assoc. 6106964111 CREDITOR OFFER LETTER 1=2 5:54 PM No-8012 P. 2/4 c- 31233 Burton Neil dt Associates, P.C. By: Trenton A. Fancy, Esquire ID. NO. 209422 1060 Andrew Drive, Suite 170 West C keater, PA 19380 610-696-2120 At1u=1br Plaintiff C11MIO YC (SOU'"! DAKOTA), N.A. : IN TIM COURT OF COMMON PLEAS Plaintiff V. ERICA E WEAR'Y' CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-WS civil tenon. Defendant : CIVIL ACTION - LAW Se W mmt Agreement with Stt elatfiota fat' Retry of Judd ant This Settlement Agreement is mach by and betwoaa pla M CITIBANK (SOUTH DAKOTA), N.A. (hereinafter refo rred to as "Citibank") and defendant Erica E Weary (hereinafter referred to as "Weary'): Whereas, Citibank filed legal action against Weary seeking recovery for the batam owed on credit card account no. xxxx xxxx xxxx-0134 (herea ier "the Account") in the sum of $7,551.74 plus court costs in the sum of $129.00 (bachudmi "the Litigation"); and Whereas, weary aclmowledges liability on the Account to Citilrmk but its not able to pay the amount due in the: Litigation 1nmP sum; and Whereas, Citibank and weary by this Settlement Agreement intend to resolve the Account and ibe Litigation in the m=uer set forth herehudk ir. Now, therefore, in consideration of the mutual covenants and conditions hatin aouNined, and in lieu of further litigation, the parties wgxusly intending to be legally bound h thy, agree as follows: 1. Weary agrees that judgment may be awned on behalf of Citibank and against Weary for the amount due in the Litigation as set forth above. Interest will accrue on die judgment at 6% from the date it is entered on the records of the court. Jan. 20. 2012 5:45PM Burton Neil & Assoc. 6106964111 No. 8012 P. 3/4 CRUOR OFER LETTER 1t10rt012 5:50 PM 2. Citibank a=reas to accept and weary agrees to pay to sum of 54,225.00 wlt t intomt in Ul and cornplete sati4w9ou of the judgment in inslalltnent payments, as follows: a. An initial payment of $1,199.00; followed by b. 20 payments of $150.00 each; and c. A final payment of $26.00 3. The payments will be due on the last day of each mouth beginning January 31, 2012 by check payable to Citibank. The chocks are to be mailed to Burton Nail & Associates, P.C. at 1060 Andrew Drive, Suite 170, West Chester, PA 19380. 4. Cittanic agrees to tahra no action on the judgment provided payments ON made by Weary in accordance with this agreeawxt. 5. When the Settlement is paid, Citibank will file with do court a praeespe to mark the judgment satisfied. 6. Should ddmdt occur, the hill judgment amount including MMMd inftrest will be due and owing less credit for all payments made by Weary pursuant to Wa ageeemment. "DefaW shall mean any of the Mowing. Weary, s failure to make a required payment due he? by the due date or a check being returned NSF. 7. Whenever 5600.00 or more of a debt is forgiven as a result of settling a debt for less than *e balance owing, the creditor, Citibank, may be required to report the amount of the debt forgiven to the Lataaal Revenue Sorviece on a 1099e form, a copy of winch would be mailed to you by the creditor, Citibank Weary is encouraged to consult with a legal or tax advisor if *aere is tmcxrtainty regarding the tax consequences. . Jan.20. 2012 5:45PM Burton Neil & Assoc. 6106964111 CREDITOR OFFER LETTER M12UOPM No-8012 P. 4/4 In witass hereof, the parties hereby execute this Settlement Agreement kmmft to be bound kpUy thereby. A facsimile signatm shall have the same force and effect as an oriffimel Burton Neil & Assoddes, P. C. By: Tilkk A. Fa mm, Esquire ' aEW bete: 5-(o -17 Ia malting this communication, we advise our firm is a debt collector. Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire ID. NO. 209422 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-6%-2120 ATTORNEY FOR: Plaintiff CITIBANK (SOUTH DAKOTA), N.A. IN THE COURT OF COMMON PLEAS Plaintiff V. ERICA E WEARY : CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6045 civil term 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??l??J?1a k , 1)n k -:!?- . Prothonleputy By: If you have any questions concerning the above, please contact: Trenton A. Farmer, 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. Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire ID. NO. 209422 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. ERICA E WEARY 3 Cottage Court Mechanicsburg PA 17050-3171 Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6045 civil term : CIVIL ACTION - LAW Certification of Address Understanding that false statements herein are subject to penalty under 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, I verify that the above are the precise last-known addresses of the judgment creditor and debtor. Burton Neil & Associates, P.C. Trenton A. Farmer, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire ID. NO. 209422 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-6%-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. ERICA E WEARY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-6045 civil term : CIVIL ACTION - LAW Affidavit of Non-Miiitary Understanding that false statements herein are subject to penalty under 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, I verify that pursuant to Section 241(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. Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. r E f f l iiE r F%0 HON0 t r, 2313 OCT 1 7 PM I: 04 CUMBERLAND COUNTY PENNSYLVANIA Burton Neil &Associates, P.C. By: Trenton A. Farmer, Esquire ID. NO. 209422 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. : NO. 10-6045 civil term ERICA E WEARY Defendant : CIVIL ACTION-LAW Praecipe to Satisfy Judgment To the Prothonotary: Mark the judgment Satisfied . Burton Neil :- :s ciates, P.C. By: �� Trenton A. Farmer, Esquire Attorney for Plaintiff This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. C-39233 /318 coca a SO pel clidy Ck l 39'2/.f