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.
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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
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!- ~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