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Home My WebLink About02-4542BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. 7920 NW 110th Street Kansas City, MO Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAWN M MOUNTZ 645 Highland Avenue Mount Holly Springs, PA 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 VFHERE YOU CAN GET LEGAL HELP. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. 717-249-3166 BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19382 610-696-2120 Attorney for Plaintiff CITIBANK SOUTH DAKOTA N.A. 7920 NW 110th Street Kansas City, MO IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA DAWN M MOUNTZ 645 Highland Avenue Mount Holly Springs, PA Defendant : CIVIL ACTION - LAW Complaint 1. The plaintiffis Citibank South Dakota N.A., with place of business located at 7920 NW 110th Street, Kansas City, Missouri. 2. The defendant is Dawn M Mountz, who resides at 645 Highland Avenue, Mount Holly Springs, Cumberland County, Pennsylvania. 3. At the defendant's request, plaintiff issued the defendant a credit card with account number 4128003147760154 for the defendant's use in making credit purchases and securing cash advances subject to the terms and conditions governing the use of the credit card. Attached hereto, made a part hereof and marked Exhibit A is a tree and correct copy of the terms and conditions. 4. The defendant accepted the credit card and the terms and conditions governing its use for the purchase of goods, merchandise and services and/or for cash advances from vendors who accepted plaintiff's credit card. In using the credit card, the defendant agreed to comply with the terms and conditions governing its use which included the obligation to pay plaintiff for all charges made in full upon receipt of the statement or in installments subject to monthly finance charges. 5. The defendant utilized the credit card by making/obtaining purchases of goods, merchandise and services and/or cash advances from vendors who accepted the credit card. Monthly statements were sent to the defendant which detailed the charges made to the account including finance charges, late and/or, over limit charges. The balance due for the charges made by the defendant including any finance charges, late or over limit charges is $4,512.29. 6. Defendant did not pay the balance due in full upon receipt of the billing statements and failed to make the required minimum monthly payment set forth in the billing statement. As such, defendant is in default of the terms and conditions goveming the use of the credit card. 7. Although demand has been made by plaintiff upon defendant to pay the sum of $4,512.29, the defendant failed and refused to pay all or any pan thereof. 8. Plalntiffalleges it is entitled to recovery of its attorneys fees from defendant pursuant to the terms and conditions governing the account. Plaintiffs counsel is not a salaried employee of Citibank South Dakota N.A. Plaintiff seeks recovery of attomeys fees in the sum of $857.34. WHEREFORE, plaintiff demands judgment against the defendant in the sum of $4,512.29, attorneys fees in the sum of $857.34 and the costs of this action. BURTON NEIL 8,: ASSOCIATES, P.C. Burton Neil, Esquire Attorney for Plaintiff In making this communication, we advise our finn is a debt collector. Verification Jennifer Sisson is an attorney management specialist for Citibank (South Dakota), N.A. and Citicorp Credit Services, Inc., wholly owned subsidiaries of Citigroup, the within Plaintiff in this action. She verifies that the statements of fact made in the foregoing Complaint are true and correct to the best of her knowledge and belief. The undersigned understands that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: - Name SHERIFF'S RETURN - REGULAR CASE NO: 2002-04542 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK VS MOUNTZ DAWN M CPL MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MOUNTZ DAWN M the DEFENDANT at 1503:00 HOURS, on the 26t~ day of September, 2002 at 645 HIGHLAND AVENUE MOUNT HOLY SPRINGS, PA 17065 DONALD MOUNTZ, FATHER by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: Docketing 18.00 Service 4.83 Affidavit .00 Surcharge 10.00 .00 32.83 Sworn and Subscribed to before me this ~a~ day of _ ~ ~2~UJ~ A.D. ~ Prothonotary ~ So Answers: R. Thomas Kline 09/27/2002 BURTON NEIL & BURTON NElL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. 7920 NW 110t~ Street Kansas City, MO Plaintiff V. DAWN M. MOUNTZ 645 Highland Avenue Mount Holly Springs, PA Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4542 CIVIL TERM : CIVIL ACTION-LAW ANSWER 1. Admit 2. Admit 3. Admit 4. Admit 5. Defendant does not owe $4, 512.29 and proof is demanded at trial. 6. Admit 7. Defendant has not been demanded to pay the sum of $4,512.29, nor has the defendant knowingly failed to attempt to pay all or any part thereof. Defendant enrolled in EDGE Solutions, inc. (a debt consolidation program). Defendant was paying EDGE Solutions $365.00 per month. EDGE Solutions was to contact Plaintiff to arrange payment. In August, Defendant withdrew from the Debt Consolidation program and attempted to arrange payment with Plaintiff. Plaintiff failed and refused to set up monthly payments when contacted by the Defendant. 8. Defendant disagrees with being charged the attorney's fees. Defendant attempted to arrange payment to satisfy the debt that was owed to the Plaintiff; however, they were not willing to make arrangements with the Defendant. WHEREFORE, defendant demands that the civil suit be dismissed. Dawn M Mountz ~ _~ Verification Dawn Mountz is the Defendant in the case of a Civil Suit (NO. 02-4542) sued by Citibank (South Dakota, N.A and Citicorp Credit Services, Inc., wholly owned subsidiaries of Citigroup. Dawn Mountz verifies that the statements of fact made in the foregoing answer are true and correct to the best of her knowledge and belief. The undersigned understands that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ..!0/10/02 BURTON NEIL & ASSOCIATES, P.C. By: Burton Nell, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. 7920 NW 1 l0th Street Kansas City, MO Plaintiff V. DAWN M. MOUNTZ 645 Highland Avenue Mount Holly Springs, PA Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4542 CIVIL TERM CIVIL ACTION-LAW ANSWER 1. Admit 2. Admit 3. Admit 4. Admit 5. Admit 6. Admit 7. Admit 8. Admit 9. Admit 10. Admit 11. Admit 12. Admit 13. Admit 14. Admit 15. Admit 16. Admit 17. Admit 18. Admit 19. Admit 20. Admit 21. Admit 22. Admit 23. Defendant has not been demanded to pay the sum of $4,512.29, nor has the defendant knowingly failed to attempt to pay all or any part thereof. Defendant enrolled in EDGE Solutions, inc. (a debt consolidation program). Defendant was paying EDGE Solutions $365.00 per month. EDGE Solutions was to contact Plaintiff to arrange payment. In August, Defendant withdrew from the Debt Consolidation program and attempted to arrange payment with Plaintiff. Plaintiff failed and refused to set up monthly payments when contacted by the Defendant. 24. Defendant attempted to set up payment with the Plaintiff after withdrawing from the debt consolidation program but the Plaintiff was not willing to set up a payment method with the Defendant 25. Admit 26. Plaintiff was notified by EDGE Solutions that they would be arranging payment of the sum owed. 27. Plaintiff was notified by EDGE Solutions in writing. Edge Solutions does have that documentation. 28.Defendant disagrees with being charged the attorney's fees. Defendant attempted to arrange payment to satisfy the debt that was owed to the Plaintiff; however, they were not willing to make arrangements with the Defendant. 29. Plaintiff was notified by EDGE Solutions in ~vriting. Edge Solutions does have that documentation. WHEREFORE, defendant demands that the civil suit be dismissed. Dawn M Mountz Dawn Mountz, Defendant Verification Dawn Mountz is the Defendant in the case of a Civil Suit (NO. 02-4542) sued by Citibank (South Dakota, N.A and Citicorp Credit Services, Inc., wholly owned subsidiaries of Citigroup. Dawn Mountz verifies that the statements of fact made in the foregoing answer are true and correct to the best of her knowledge and belief. The undersigned understands that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 5/21/03 Name - BURTON NEIL & ASSOCIATES, P.C. Burton Neil, Esquire, Id. no. 11348 26 S. Church Street, West Chester, PA 19382 610-692-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. : Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAWN M. MOUNTZ : No. 02-4542 Defendant: CIVIL ACTION - LAw Motion of Plaintiff Citibank (South Dakota) N.A. for Judgment on the Pleadings Now comes plaintiff Citibank (South Dakota) N.A. by its undersigned attorneys, and moves this Honorable Court pursuant to Pennsylvania Rules of Civil Procedure 1034 for judgment on the pleadings and in support thereof states: 1. Plaintiff filed a complaint against defendant for the credit card account balance due it by the defendant. 2. Defendant filed an answer to the complaint which effectively admitted the allegations of the complaint. 3. The pleadings are closed. 4. There are neither factual nor legal issues before the Court creating a need for trial. Therefore, plaintiff Citibank (South Dakota) N.A. is entitled to judgment as a matter of law. Wherefore, plaintiff Citibank (South Dakota) N.A. moves this Honorable Court for judgment on the pleadings. B~Neil & Associates, P.C. AB~°B~ttrtrne;nft¢'e~l[i~Sqan~[~outh Dakota) N.A. In making this communication, we advise our firm is a debt collector. BURTON NEIL & ASSOCIATES, P.C. Burton Neil, Esquire, Id. no. 11348 26 S. Church Street, West Chester, PA 19382 610-692-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. : Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAWN M. MOUNTZ Defendant No. 02-4542 CWIL ACTION - LAW Certificate of Service Burton Neil, Esquire, being duly sworn according to law, deposes and says that he is attorney for plaintiffCitibank (South Dakota) N.A. and that he served a tree and correct copy of plaintiff's Motion for Judgment on the Pleadings, and proposed Order on defendant by first class U.S. Mail, postage prepaid in accordance with Pa.R.C.P. 405 on the date set forth below. urton Nell, Esquire PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CITIBANK (SOUTH DAKOTA) N.A. Plaintiff VS. DAWN M. MOUNTZ Defendant NO. 02-45;42 Civil State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complait, etc.): Plaintiff's Motion for Judgment on the Pleadings Identify counsel who will argue case: (a) for plaintiff: Burton Neil, Esquire c/o Burton Neil & Associates, P.C. address: 1060 Andrew Drive, Suite 170, West Chester, PA 19380 b) for defendant: unknown; defendant is pro se address: Dawn Mountz, 645 Highland Ave., Mount Holly Springs PA 17065 I will notify all parties in writing within two days that this case has been listed for argument. Argument Court Date: Burton Neil, Esq., Attorney for the Plaintiff The law finn of Burton Neil & Associates is a debt collector. Johnson, Duffle, Stewart & Weidner By: Wade D. Manlcy I.D. No. 87244 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for CitiBank (South Dakota) N.A. CITIBANK (SOUTH DAKOTA) N.A. 7920 NW 110th STREET KANSAS CITY, MO, Plaintiff DAWN M: MOUNTZ 645 HIGHLAND AVENUE MOUNT HOLLY SPRINGS, PA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4542 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO ENTER APPEARANCE AND NOW, this 27th day of July, 2004, enter the appearance of WADE D. MANLEY, I.D. 87244, on behalf of Plaintiff, CitiBank (South Dakota) N.A. in the above-captioned suit. :232799 JOHNSON, DUFFLE, STEWART & WEIDNER Wade D. Ma CITIBANK (SOUTH DAKOTA) N.A., Plaintiff DAWN M. MOUNTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4542 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS BEFORE HOFFER, P.J., and OLER, J. ORDER OF COURT AND NOW, this 2.'~f~ day of July, 2004, upon consideration of Plaintiff's motion for judgment on the pleadings, and following oral argument held on July 28, 2004, Plaintiff's motion is granted and judgment is entered in favor of Plaintiff and against Defendant in the amount of $5,369.63 plus costs of suit. Burton Neil, Esq. Wade Manley, Esq. 26 S. Church Street / West Chester, PA 19382 / Attorneys for Plaintiff / Dawn M. Mountz 645 Highland Avenue Mount Holly Springs, PA f7065 and Dawn M. Mountz Apartmem 2 213 Calder Street Harrisburg, PA 17102 Defendant, pro se ' BY THE COURT, VWesley oY~7~ Jr., J. BURTON NEIL & ASSOCIATES, P.C. BY: Burton Nell, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 ATTORNEY FOR: Plaintiff CITIBANK SOUTH DAKOTA N.A. Plaintiff VS. DAWN M MOUNTZ Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4542 : CIVIL ACTION - LAW Praecipe for Entry of Judgment on Order of Court To the Prothonotary: Enter judgment on order of court on behalf of the plaintiff, Citibank South Dakota N.A., and against the defendant, Dawn M Mountz, and assess damages in the sum of $5,369.63 plus court costs. ) BURTO/tq/~EIL & ASSOCIATES, P.C. Attorneys for Plaintiff And now, this l/*4'lX~ay of ~Qaea~6t.~-, 2004 judgment is entered on behalf of the plaintiff, Citibank South Dakota N.A. and against the defendant, Dawn M Mountz, and assess damages in the sum of $5,369.63 plus court costs. Prothonotary of Cumberland County Deputy In making this communication, we advise that this office is a debt collector. CITIBANK (SOUTH DAKOTA) N.A., Plaintiff DAWN M. MOUNTZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-4542 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS BEFORE HOFFER, P.J., and OLER, J. ORDER OF COURT AND NOW, this Z~'~L day of July, 2004, upon consideration of Plaintiff's motion for judgment on the pleadings, and following oral argument held on July 28, 2004, Plaintiff's motion is granted and judgment is entered in favor of Plaintiff and against Defendant in the amount of $5,369.63 plus costs of suit. isrtOn Neil, Esq. de Manley, Esq. · Church Street st Chester, PA 19382 Attorneys for Plaintiff BY THE COURT, - : /'! yWesley ~ Jr., J. t~ Dawn M. Mountz 645 Highland Avenue Mount Holly Springs, PA 17065 and Dawn M. Mountz Apartment 2 213 Calder Street Harrisburg, PA 17102 Defendant, pro se TRUE (.,OPY FROM RECORD Testimon? whereof, I hem unto set my ~ · d the seal of sa~l ,Court at Carlisle,..Pa,, BURTON NEIL & ASSOCIATES, P.C. BY: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 ATTORNEY FOR: Plaintiff CITIBANK SOUTH DAKOTA N.A. 701 E 60th Street N Sioux Falls, SD 57117 IN TIIE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. DAWN M MOUNTZ 213 Calder Street Apt #2 Harrisburg, PA 17102 Defendant NO. 02-4542 CIVIL ACTION - LAW Certification of Address and Affidavit of Non-Military Understanding that false statements herein are subject to penalty under 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment creditor and debtor. 2. Pursuant to Section 201(b)(1)(A) of the Service members 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 I'4EIL & ASSOCIATES, P.C. In making this communication, we advise that this office is a debt collector. BURTON NEIL & ASSOCIATES, P.e. By Burton Neil, Esquire Identification No. 11348 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 VS. : NO.02-~ I{SI..fJ..... DAWN M MOUNTZ Defendant : CNIL ACTION - LAW PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Mark the judgment Satisfied on payment of your costs only. BURToflL & ASSOCIATES, P.C By: __ urt Neil, E quire Attorney for PI intiff The law firm of Burton Neil & Associates is a debt collector. 8.2074 L_ l',} a:> ~") ;:c;-, r:-! U1 C::i --.j 'J. ~T) rn~':~ ~,{]9 '-'~.,} C) ~.\\ ':.~:~, -::(/~) :'(1. ':i-~~ ' ':::.J ',<