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Home My WebLink About02-4551BURTON 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 Plaintiff MICHAEL P HENRY 502 Middle Road Newville, PA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 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. LAWYER REFERENCE AND INFORMATION SERVICE Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 Telephone No. 800-990-9108 SHERIFF'S CASE NO: 2002-04551 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA N A VS HENRY MICHAEL P RETURN - REGULAR DAWN KELL Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE was served upon HENRY MICHAEL P Sheriff or Deputy Sheriff of who being duly sworn according to law, the DEFENDANT , at 1944:00 HOURS, on the 7th day of October 2002 at 502 MIDDLE ROAD NEWVILLE, PA 17241 MICHAEL P HENRY a true and attested copy of by handing to COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this 7¥ ~ day of ~ J~o ~ A.D. / Prothonotary So Answers: R. Thomas Kline 10/09/2002 BURTON NEIL & ASSOC Deputy Sheriff BURTON NElL & ASSOCIATES, P.C. By: Burton Neil Identification No. 11348 26 South Church Street West Chester, PA 19382 610-696-2120 Attorney for Plaintiff CITIBANK SOUTH DAKOTA N.A. 7920 NW ll0TH STREET KANSAS CITY, MO Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL P HENRY 502 MIDDLE RD NEWVILLE, PA Defendant NO. CIVIL ACTION - LAW Complaint 1. The plaintiff is Citibank South Dakota N.A., with place of business located at 7920 NW 110TH STREET, KANSAS CITY, MO. 2. The defendant is MICHAEL P HENRY, who resides at 502 MIDDLE RD, NEWVILLE, CUMBERLAND County, Pennsylvania. 3. At the defendant's request, plaintiff issued the defendant a credit card with account number 5491130097882534 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 true 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, memhandise and services and/or cash advances from vendors who accepted plalntif£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 the 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 $3,021.06. 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 the billing statement. As such, defendant is in default of the terms and conditions governing the use of the credit card. 7. Although demand has been made by plaintiff upon defendant to pay the sum of $3,021.06, the defendant failed and refused to pay all or any part thereof. 8. Plaintiff alleges it is entitled to recovery of attorney's fees from defendant pursuant to the terms and conditions governing the account. Plaintiff's counsel is not a salaried employee of Citibank South Dakota N.A. Plaintiff seeks recovery of attorney fees in the sum of $574.00. WHEREFORE, plaintiff demands judgment against the defendant in the sum of $3,021 ~06, attorneys fees in the sum of $574.00 and the costs of this action. BURTOI~NEIL & ASSOCIATES, Burton Neil, Esquire Attorney for Plaintiff In making this communication, we advise our firm 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. CITIBANK SOUTH DAKOTA N.A. 7920 NW 110TH STREET KANSAS CITY, MO 64153 Plaintiff 1N THE COURT OF COMMON PLEAS : CUMBERLAND cOUNTY, PENNSYLVANIA VS. MICHAEL P HENRY 502 MIDDLE ROAD NEWVILLE, PA 17241-8605 Defendant NO. 02-4551 : CiVIL ACTION - LAW 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: $3,021.06 Credit: $0.00 Attorney's Fees: $574.00 Total: $3,595.06 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. 4904 relating to unswom 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. The said defendant is not in the Military Service of the United States or its Allies or otherwise within the coverage of the Soldiers' and Sailors' Relief Act of 1940, as amended, is over 18 years of age and has a civilian occupation. JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. Pr° i~rothonotary J '/~ BURT~ NElL & ASSOCIATES, P.C. BY . .-~ ~ ' '~urton Neil, Esquire Attorney for Plaintiff Attorney I.D. No. 11348 P.O. Box 356, W. Chester, PA 19381 Burton Neil & Associates, P.C. is a debt collector BURTON NEll & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 1 1348 26 South Church Street West Chester, PA 19382 610-696-2120 Attorney for Plaintiff CITIBANK SOUTH DAKOTA N.A. 7920 NW ll0TH STREET KANSAS CITY, MO 64153 Plaintiff VS. MICHAEL P HENRY 502 MIDDLE ROAD NEWVILLE, PA 17241-8605 Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND cOUNTY, PENNSYLVANIA NO. 02-4551 : CIVil ACTION - LAW Notice of Intention to File Praecipe for Default Judgment TO: MICHAEL P H~NRY 502 MIDDLE ROAD NEWVILLE, PA 17241-8605 Date of Notice: November 05, 2002 IMPORTANT NOTICE 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 obligations 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 lake this notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal he!p: Lawyer Referral Service Cumberland CounD, Bm' Assoc. 2 Liberty Avenue Cm'lisle, PA17013 717-249-3166 BURTON NEII~ & ASSOCIATES, P.C. BY: Burton Nell, Esquire Attorney for Plaintiff In making this communication, we advise our fLrm is a debt collector. PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) Pa.R.C.P. § 3103 to 3149 CITIBANK (SOUTH DAKOTA) N.A. Plaintiff VS. MICHAEL P. HENRY Defendant(s) WAYPOINT BANK Garnishee(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4551 : CIVIL ACTION - LAW To the 1. 2. 3. 4. Prothonotary: Directed to the Sheriff of Cumberland County, Pennsylvania against MICHAEL P. HENRY ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER and against WAYPOINT BANK and index this writ (a) against (b) against ., Defendant(s) ,Gamishee(s) Defendant(s) Gamishee(s) as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (specifically describe property) NO LEVY-GARNISHMENT ONLY Serve interrogatories on garnishee at: 1160 Walnut Bottom Road, Carlisle, PA 17013 5. Amount Due Interest from 11/26/02 Total *Plus writ costs Dated: May 16, 2003 $3,595.06 $104.48 $3,699.54* Edward 9~rien, Esquire AttomeyTor Plaintiff NOTE: Under paragraph 1 when the writ is directed to sheriff of another county as authorized by Rule 3103(b); the county should be indicated. Under Rule 3103(c) a writ issued on a t~ansferred judgment may be directed only to the sheriff of the count in which issued. Paragraph 3 above should be completed only if indexing of the execution in the county of issuance is desir (d~. aut horlzet~.by Rule 3104(a). When the writ issued to another county indexing is required as of course in that county. See Rule 3104{3). Paragraph 4(b) should be completed only if real property in the name of the garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). The firm of Burton Nell & Associates, P.C. is attempting to collect a debt. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-4551 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIBANK (SOUTH DAKOTA), N.A., Plaintiff (s) From MICHAEL P. HENRY, 502 MIDDLE ROAD, NEWVILLE, PA 17241 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of WAYPOINT BANK - SERVE INTERROGATORIES ON GARNISHEE AT: 1160 WALNUT BOTTOM ROAD, CARLISLE, PA 17013 GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,595.06 Interest FROM 11/26/02 - $104.48 Atty's Comm % A~yPaid $115.85 Plaintiff Paid Date: MAY 28, 2003 (Seal) REQUESTING PARTY: Name EDWARD O'BRIEN, ESQUIRE Address: BURTON NElL & ASSOCIATES, P.C. THE TOWNE HOUSE 26 SOUTH CHURCH STREET P.O.BOX 356 WEST CHESTER, PA 19381-0356 Attorney for: PLAINTIFF Telephone: 610-696-2120 Supreme Court ID No. 32985 L.L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonot~.r~ Deputy SHERIFF'S RETURN CASE NO: 2002-04551 P COMMONWEALTH OF PENWSLYVAiqIA COUNTY OF CUMBERLAND - GARNISHEE CITIBANK SOUTH DAKOTA N A VS HENRY MICHAEL P And now KENNETH GOSSERT ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:33 Hours, on the 30th day of May , 2003, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT , HENRY MICHAEL P , in the hands, possession, or control of the within named Garnishee WAYPOINT BANK 1160 WALNUT BOTTOM ROAD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to R3kMAYNE MACKE (BRANCH MGR) personally three copies of interogatories together with 3 true and attested copies of the within COMPLAINT & NOTICE and made the contents there of known to Her . Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge o00 .00 .00 Sworn and subscribed to before me this /O ~ day o ~3 A.D. otary ' So answe : R. Thomas Kline Sheriff of Cumberland County oo/oo/oooo THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss JOSEPH A. DENNISON being duly sworn according to law, deposes and says: That he is the Asst. Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 22nd and 29th day(s) of April and the 6th day(s) of May 2003. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ..................................... ./~.....i .... C O P Y Sworn tO and subscr~cth~ 14th ay~of ~,(~y 290~ A.D. S A L E #20 Notadal S~/ .~ I //) / J*'// TemJ L. Russell, Not~y PUb~C ~"//L.-/.~/~/~'"~/~ L'~.~I~/~,,~"/~/' My Commission Expires June 6, 2006 J NOTARY PUBLIC Member. Pennsvivani~ ~s~3def~on Of No{arie~y commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 261.45 $ 1.75 $ 263.20 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L. 1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS, Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 25, MAY 2, 9, 2003 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. RRAL ESTATE 8ALE NO. 20 Writ No. 2002-4999 Civil GMAC Mortgage CorporatAon VS. Sherian L. Hockenbraugh Atty.; Frank Federman ALL THAT CERTAIN tract or par- cel of ground with the improvements thereon erected, situate in thc Town- ship of East Pennsboro, Cumberland County, Pennsylvania, bounded and described in accordance with a sur- vey and plan thereof made Febru- a_ry 19, 1971. prepared by Gerrit J. Betz. Registered Surveyor, as follows, to wit: BEGINNING at a point on the westerly line of North Enola Drive, which point is one hlzndred eighty: eight and six hundredths {188.06) feet southwexdly of the southwester- ly corner of North Enola Drive a~d Shady Lane; thence along the west- erly line of North Enola Drive, South ten (10) degrees thirty (30) minutes East twenty-five (25) feet to a point; thence through the center of a party wali and beyond. South seventy-rdne {79) degrees forty (40) minutes West one hundred sixty five and seventy- six hundredths (165.76) feet to a point on the easterly kine of properW now or late of Marlin H. Foster, Sr.: thence alon~ same North fourteen [14) de- grees fifty-four {54) ralnutes West twenty-five and eight hundredths {25,08) feet to an iron pin; thence North seventy-nme (79) degrees forW [40) minutes East one hundred sLxty-seven and seventy-four hun- dredths (167.74) feet to a point, the place of BEGINNING. PREMISES BEING ON: 307 NORTH ENOLA DR_WE, arie Coyn/Editor SWORN TO AND SUBSCRIBED before me this 9 .day of MAY, 2003 vey and plan thereof made Febru- ary 19. 1971, prepared by G~rrit O. l~tz. Registered Surveyor, as follows. westerly line of North Enala Drive. which point is one hlmdred eighty: eight and six hundredths {188.06) feet southwardly of the southwester- ly comer of North Enola Drive and Shady Lane; thence along the west- erly line of Nort2~ Enola Drive, South ten (10) degrees thirty (30) minutes thence through the center of a party wall and beyond. South seventy~nine [79) degrees forty {40) minutes West one hundred sixty Igre and seventy- six hundredths ( 165.76} feet to a point on the easterly line of property now or late of Mathn R. Foster, Sr.: thence along same North fourteen (14) de- grees fifty-four (54) minutes West twenty-five and eight hundredths ' [25.08) feet to an iron pin; thence North seventy~me [79) degrees lbrty stxty-se~en and seventy-four hun- dredths (167.74} feet to a point, the place of BEGINNING. PREMISES BEING ON: 307 NORTH ENOLA DRIVE, BEING the same premises that Genesis Capital Group, Inc. by it's deed dated April 3, 1998 and record- ed in the Office of Recorder of Deeds in and for Cumberland County, Deed Book Volume 174, page 1087, H. Hockenbraugh and Sherian L. Hockenbraugh, Grantor herein. BURTON NEIL & ASSOCIATES, P.C. By: Yale D. Weinstein, Esquire Identification No. 89678 26 South Church Street West Chester, PA 19382 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaimiff VS. MICHAEL P. HENRY Defendant and WAYPOINT BANK Garnishee IN THE COURT OF COMMON PLEAS CUMBERL)~q-D COUNTY, PENNSYLVANIA NO. 02-4551 : CiVIL ACTION - LAW Praecipe to Dissolve Attachment To the Prothonotary: Dissolve the attachment against WAYPOINT BANK, garnishee. BURTON ~EIL & ASSOCIATES, P.C. Att?e~ for Plaintiff In making this communication, we advise that our firm is a debt collector. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriff's Costs: Docketing 18.00 Poundage 1.44 Advertising Law Library .50 Prothonotary 1.00 Mileage 3.45 Misc. Surcharge 20.00 Levy 20.00 Post Pone Sale Garnishee 9.00 TOTAL 73.39 Advance Costs: 150.00 Sheriff's Costs: 73.39 76.61 Refunded to Atty on 02/25/04 Sworn and Subscribed to before me this ~.t,rA day of ')1'~,4~ ~ pr6~h6notary R. Thomas Kline, Stteriff