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HomeMy WebLinkAbout12-0830FILED-OFFICE L"r THE PROTNCNO IARY 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, N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. STEPHEN WENGER 916 Williams Grove Road Mechanicsburg PA 170558000 Defendant 2017 FEE -9 Ali 10: 5 E CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. a C- S2>0 ? ? V L I 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-55732 / 304 X03. -7s pd Q a. ? at ????qs 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, N.A. IN THE COURT OF COMMON PLEAS 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. : CUMBERLAND COUNTY, PENNSYLVANIA : NO. STEPHEN WENGER 916 Williams Grove Road Mechanicsburg PA 170558000 Defendant CIVIL ACTION -LAW Complaint 1. Plaintiff is CITIBANK, N.A. with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Stephen Wenger who resides 916 Williams Grove Road, 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. Defendant obtained extensions of credit from Citibank, N.A., successor in interest to Citibank (South Dakota), N.A., by means of a credit card account (hereafter the Account) with account number ending in 4813. 5. Citibank (South Dakota), N.A. merged into Citibank, N.A. in or about July 2011. 6. Accurate records of all debits and credits to the Account were maintained by plaintiff. 7. Defendant was provided with monthly statements for the Account including the billing statement attached hereto as Exhibit A (redacted to remove confidential information). The monthly statements accurately stated the previous balance and the debits and credits to the Account for the prior billing period. 8. Defendant had for many months after receipt of a billing statement made payment on the Account or retained the statement without payment. 9. Defendant retained the Exhibit A statement without making payment by the stated due date. 10. Defendant's assent to the Account balance set forth in the Exhibit A statement is manifested through the prior conduct of defendant either making payment on the Account or retaining the statement without payment, after receipt of the monthly billing statements. 11. As a result of said assent, an account stated for the sum of $5,588.94 exists 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 $5,588.94, and the costs of this action. Burton Neil & Associates, P.C. By: Tre n A. Farmer, Esquire Attorney for Plaintiff In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. v o U1 yj I E O N ? N n u tD E a r v n O 01 m N N d O 7 V O LU > ? O s yj ?V YINJ 2 `D --4 4 N y o ??, Few =? r 30 3 x^ uomii :D: a p i 13 o 0 ,d ? a a o z to y t i = Y a. a w N 0 O f 'S ? G r 1z o 'a a 0 2 O w ' 1- (.) to ^ = N -3 w CEQ'W C-2.W N S ta. J 4?iJ M t ' y x 0 N W 7 .. . J I.- • ?' a W P ?? d i ao± do G ---- ----- --- v z U e Q G N , W E 41 •? ` dt n ? • D > V 'i u1 C ?n N c. « c? n ud? ° o T ?M t N N 4 rc a' t`l 0 49 u :i O G Y • ! 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C y a" C .?Cq_ E S 5 `` 0 7 N EL 7ESa `o •tatr Pad amount Pad enact it DateM ee/ IeNae1 PeYnltttt Ibetwathae an revaew Www.t:ItleMA&GIN Maaecbeetee"abetoCM Cards 4813 0558894 0558894 0041600 1018 4ew Balance: s3.3et11.94 minimum Payment Due: 4813 Amount Encfoa4mk $3,317113.94 ?ayment Due Date: 10/10/20M - lymmt mutt be recNred by S:00 PM local time m tM Payment due date. 000000 PM 32 A 0 STEPHEN WENGER 916 WILLIAMS GROVE RD MECHANICSBURGPA 17055.8000 CITI CARDS P.O. BOX 182564 COLUMBUS,OH43218-2564 EXHIBIT E 0 u N v u 3 d c c ?o ? o u LC, > O u ° s vi oQ H ? ? aLo `s?< ? 0, EOM w . o o,0 x 0 0 CD =00 u a CO Q i C? u T D n 7 a j o 0, ? ? p 0a+ °E OL T? Z ?m 0T' Y 700 O 000 C`O '310 0 3 Ea ?'o v a' j O c vi 3E O E aJ ?m L ' M 7 ` ? c ¢ von Ea v aE z ° >°. h a` v o z E r o a.J O oo o°0 h o ? L >•E m Z Q1 ti j Z O 14 C 0 .y 7 c Z m O =0 al ( j'100L y5. w 0 o mvE Y 0co O U Lam. Y a+._ x NU Qt n v u 0 < L oa6? my 00 0 fn :.? al T .°+ C..Li O M = O v CU (p? a polo T.°+ Y Co 20,"'.2 m > my a10 O o c o` ai o u ar ?- m U 0n?5a Lv= O Ncm voa, o0O >,o w U- N ? L t C m 0 d Da dc F - o N • I 3¢ ? , no ai 2 . o ¢ c? o ?¢ ? E? ? z N Z 0 C r o Z '> mT m m d > Y V O. mE Y 10 0 a o c ,U a v ` vo o 'm >, - 0 r L avV a) " m- M L w u>,'am <U 2: nCL L a- E? Verification Tena Reynolds I am employed by Citicorp Credit Services, Inc. (USA) (hereafter CCSI), a subsidiary of Citibank, N.A. (hereafter Citibank), which is successor in interest to Citibank (South Dakota), N.A. CCSI is a service provider for Citibank in that it services credit card accounts owned by Citibank This includes accounts previously owned by Citibank (South Dakota), N.A. which merged into Citibank in or about July 2011. I am authorized to make this verification on behalf of Citibank. 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. 0 Signature C-55732 Stephen Wenger Account number ending 4813 1000 SHERIFF'S OFFICE OF CUMBERLAND COUNTY etc. Ronny RAnderson EO-OV F .? .. PP^T????;?1? i Sheriff - 4?t14'4t E.44t1ltxt?.?4nb Jody S Smith ZM2 FEB 23 AM $; 46 Chief Deputy N 1 y' Richard W Stewart CUMBERLAND C s1f Solicitor PENN- Citibank, NA vs. Stephen Wenger Case Number 2012-830 SHERIFF'S RETURN OF SERVICE 02/14/2012 03:22 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on February 14, 2012 at 1522 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Stephen Wenger, by making known unto Cindi Wenger, Wife of Defendant at 916 Williams Grove Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $38.00 February 15, 2012 TIM K, DEPUTY SO ANSWERS, RON ~ R ANDERSON, SHERIFF CITIBANK, N.A. : IN THE COURT OF COMMON PLEAS 701 East 60th Street N, Sioux Fal ls, SD 57117 Plaintiff CUMBERLAND COUNTY, PENNSYLVANI A r . Gm;1 V. i 00 NO. 2012-830 CIVIL M c?3 - k STEPHEN WENGER 'r 7J -" r 916 Williams Grove Road - ? N E Mechanicsburg PA 17055-8000 Defendant : CIVIL ACTION - LAW = o r° .. °r', 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 $5,588.94 $5,588.94 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 AND DAMAGES ASSESSED AS ABOVE. NOTICE (1?VEN kNDE?t PA.R.CIV.P. 6 Y , J Pro Prothonotary- Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire Attorney for Plaintiff I.D. NO. 209422 1060 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C-55732 / 22.1 .so0 d_ l fZ#?73ataa MAU' mdilgdi CITIBANK, N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-830 CIVIL STEPHEN WENGER Defendant : CIVIL ACTION - LAW TO: Stephen Wenger 916 Williams Grove Road Mechanicsburg PA 17055-8000 DATE OF NOTICE: March 13, 2012 IMPORTANT NOTICE C-55732 / 265 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. If 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 making this communication, we advise our office is a debt collector. Burton Neil & Associates, P.C. B V. Trenton-A'Farmer, Esquire Attorney for Plaintiff Identification No. 209422 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 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, N.A. Plaintiff V. STEPHEN WENGER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-830 CIVIL 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 y la l/ a Prothonotary By: Deputy 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.