Loading...
HomeMy WebLinkAbout12-1463t i?E,G ?iF4-1C LJ12 HAR -5 C C 3 4i3ERLAND CDUNT" p F YL`t'AS1A Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 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 : CUMBERLAND COUNTY, PENNSYLVANIA V. ' / HARVEY E DETWILER NO. J Did- l y113 eit)P4 104 Vasilios Drive Carlisle PA 17015-9015 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-29230 / 304 Gtl!P?r "?03 7s?d ck-k r* ?7J978 BURTON NEIL & ASSOCIATES, P.C. Neil Sarker, Esquire, Id. No. 203465 Brit J. Suttell, Esquire, Id. No. 204140 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. HARVEY E DETWILER 104 Vasilios Drive Carlisle PA 17015-9015 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 Harvey E Detwiler who resides 104 Vasilios Drive, Carlisle, 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 Home Depot credit card account (hereafter the Account) with account number ending in 4267. 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 $4,088.56 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 $4,088.56, and the costs of this action. Burton Neil Associates. P.C. Y. B NA Sarker, Esquire Brit J. Suttell, Esquire In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. C-29230 / 205 Account Statement IYour Account Number Nov Balance Payment Due Dab MIInknum Amount Now Balance Past Dus Payment Due Endosed 068.58 AUGUST 12 2008 80.01 $1501.68 : 1110 11817 WE f it a K ttlule elteake ptrI " to HOME DEPOT CREDIT SERVICES 24267040885600120000060168109 11817 HARVEY E DETWILER e 104 VASILIOS OR ea CARLISLE PA 17015.9015 HONE DEPOT CREDIT SERVICES Inrlllutlllunu111111.111,1110 Sol HIM 11111111111111rn11 PROCESSING CENTER DES MOINES, IA 50384-0500 Lb6IIrHtJirtllttrltdll,rn111d1Atrllrtttlllr/1Jrbr,ll PA t aftm won aeaa. ? pkfto A Pgnrrn Mort W neNwd Send NoUce d Billing Emory to: by 50 p.m. k W ttm• on Ptrova M NA Dt11N. HMEE ? OT CREOTI SERVICES PO BOX 889100, DES MOINES IA 50368-9100 i-866-458-7683 Tbh Aecow t ljrued by COW* (SOLO DOOM), N.A. amount., 4287 Closing Oats Next Closing Daft Credit Line Croft Avon" JULY 17, 2008 AUGUST 15, 2008 $0.00 $D.00 Previoaa Balance Pyrmerda i Credlte + PtnhaaaO/Mnr Charges PM?I + ANCE CHAitOES _ New Belenc. $4,026.05 - $0.00 $35.00 $25.51 $4,086.56 CURRMTACTMTY TrwmwKl ien Date LowtloNiralwaotiorts Am mt 07/12 LATE FEE S 35.00 07/17 *BILLED FINANCE CHARGES* $ 25.51 SEE BACK OF STATEMENT FOR INFORMATION ON GRACE PERIOD AND PROMOTIONAL OFFERS. MaIUAL PIRMWITAGG Ta the eocounk SPECIAL PRONOTIOHS T? Exdr w m? C P=8 Ph s HOME IMPROVEMENT LOAN 04/18/06 D? $3, 086, 05 525.51 $3,913.56 FAYANCE CHARGE St/ANMARY 591110" C* ofts in va DOW to Moar+nY ANNtAU. amrq FMANCE FINANCE Flnrnoe C1wQe Pertotet: ReN PERCENTAGE RATE Period CHARGES CHAmn Current Bill" Period HOMEIMPROVEMENTLOAN $3,836.53 0.88500%(B) 7.99% 81 $25.51 Previous Biting Period HOME IMPROVEMENT LOAN 0.68500% 7.99% 32 - PAGE 1 OF 1 ?? SeV075 EXHIBIT -A- Verification 1, Ashley CODWY , am employed by Citibank. N.A. (hereafter Citibank), which is successor in interest to Citibank (South Dakota), N.A. This includes accounts previously owned by Citibank (South Dakota), N.A. which merged into Citibank in or about July 2011. 1 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. C-29230 Harvey E Detwiler Account number ending 4267 1025 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor t ??rt?tt, tit ? auu1+?+?,? t 2012 MAR 16 AN 8: 4 4 MMBERLANO GOON! "i PENNSYLVANIA Citibank, NA Case Number vs. Harvey E. Detwiler 2012-1463 SHERIFF'S RETURN OF SERVICE 03/08/2012 03:53 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 8, 2012 at 1553 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Harvey E. Detwiler, by making known unto himself personally, at 104 Vasilios Drive, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. M C AEL BARRICK, DEPUTY SHERIFF COST: $34.00 March 12, 2012 SO ANSWERS, RONK'rY R ANDERSON, SHERIFF CITIBANK, N.A. IN THE COURT OF COMMON PLEAS 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-1463 CIVIL ; HARVEY E DETWILER ? 104 Vasilios Drive = Carlisle PA 17015-9015 C") F- a Defendant : CIVIL ACTION - LAW 2: Praecipe for Default Judgment 2_1 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 $4,088.56 $4,088.56 c 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. JUDJDGE BY DEFAULT ENTERE AND S AS AB NOTEN A.R.CI 36 Pro Prothonotary Burton Neil & tes, P.C. By: Neil Sar, er, Esquire Attorney for Plaintiff 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-29230 / 221 amA .a. 16. hpd a? Cr a raol 1 Co is 'C? CITIBANK, N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2012-1463 CIVIL HARVEY E DETWILER Defendant : CIVIL ACTION - LAW TO: Harvey E Detwiler 104 Vasilios Drive Carlisle PA 17015-9015 DATE OF NOTICE: April 11, 2012 IMPORTANT NOTICE C-29230 / 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 By: Neil Sarker, Esquire Attorney for Plaintiff Identification No. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 cc: Glenn C. Romano, Esquire 310 Huntingdon Pike Rockledge PA 19046 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 CITMANK, N.A. Plaintiff V. HARVEY E DETWILER Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-1463 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 % i ? 3 O , 2 Prothono By: Deputy If you have any questions concerning the above, please contact: 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.