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Home My WebLink About03-1718BURTON NEIL & 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. 701 EAST 60th STREET NORTH SIOUX FALLS, SD Plaintiff Vo DONALD CERNUGEL 1248 SUMMITVIEW COURT NEW CUMBERLAND, PA Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · 02- I?/o · 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 Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 717-249-3166 10007·034.3411 BURTON NEIL & 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. 701 EAST 60th STREET NORTH SIOUX FALLS, SD Plaintiff · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA Vo DONALD CERNUGEL 1248 SUMMITVIEW COURT NEW CUMBERLAND, PA · NO. C 3- 1717 Defendant · CIVIL ACTION - LAW Complaint 1. The plaintiff is Citibank (South Dakota) N.A., with place of business located at 701 EAST 60th STREET NORTH, SIOUX FALLS, SD. 2. The defendant is DONALD CERNUGEL, who resides at 1248 SUMMITVIEW COURT, NEW CUMBERLAND, CUMBERLAND County, Pennsylvania. 3. At the defendant's request, plaintiff issued the defendant a credit card with account number 5424180146342255 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 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 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 fmance 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 $20,788.74. 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 $20,788.74, 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 $3,949.86. WHEREFORE, plaintiff demands judgment against the defendant in the sum of $20,788.74, attorneys fees in the sum of $3,949.86 and the costs of this action. //~NEIL & ASSOCIATES, P.C. Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. c~ on ~c b~ ~ ~ ~ not ~=d~ by vo~ or so~ou¢ ~ accost ar c~ifc~ ofdeoo~n p~' ~5' ~o~z you o~ C~] ~ ~ an~/cr~ ~r ~ help yom -- ~ - how ~ ~z ~ of C2os~g ~-o m- ~u m~z dose Zo~ zcco~ na~e. ;ddr~, and a~ Sa¢c~C~le~ EO. 8ox 44 ~urchaw~= ~'~d Caa~ Ca~Ag~n~be~u~ you ~ ]o make ~ or any bi,Set dr~ w3en ~%. ~.ez~d y~r ~ne, ~u make a ~aym&ot ~ ~ ~al ~ no( h~ed Pr~E~aa?rale}--' ~ - ' ( , ~g any on ~ hal&ncaa lo a deia~! ~[8 o/no lo 24.~%. ~ora ~id~ad in deler~9 th~ -, · ~y u~ u~e ommq p~od Cn ~hi~ '-/our ac~unl m~y aoa/a becoma'eNgYole for a Pe~nt~ga ~le ~ new purch&s~, new ~fl advs~. AOre~nl~ f~ ~x c~a~iive ~[ha. Y~r a~e p~ [n fol~ ~e dsla~R ra/a ~ ~hey l~n~-l~n J%e tbr b~nc~i~f~s, and [ne ~le I~ f~- Y~ to ~ead ~9~ noii~ ~d ~ve k for L~ure ~efe~ce. ~ 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 tree 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: Account number: Defendant: ~o SHERIFF'S RETURN - REGULAR CASE NO: 2003-01718 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS CERNUGEL DONALD ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CERNUGEL DONALD the DEFENDANT at 1248 SUMMITVIEW COURT , at 1908:00 HOURS, on the 28th day of April NEW CUMBERLAND, PA 17070 by handing to , 2003 SUE CERNUGEL, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 11 73 00 10 00 00 39 73 Sworn and Subscribed to before me this 7 ~ day of . ~zY~3 A.D. / t~rothonotary ' So Answers: R. Thomas Kline 04/29/2003 BURTON NEIL ] beputy sKeri'f~ 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 Ci'I IBANK SOUTH DAKOTA N.A. 701 East 60~ Street North Sioux Falls, SD Plaintiff VS. DONALD CERNUGEL 1248 Summitview Court New Cumberland, PA Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1718 Civil Term CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly discontinue the above-captioned action without prejudice. BURT~N~L & ASSOCIATES, P.C. - ~l~;il,~Esquire Attorney for Plaintiff