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Home My WebLink About03-1726BURTON 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. 701 EAST 60th STREET NORTH SIOUX FALLS, SD Plaintiff JOHN PINTO 1416 SIMPSON FERRY ROAD NEW CUMBERLAND, PA Defendant · 1N THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA 'NO. · 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 10007.034.2767 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 JOHN PINTO 1416 SIMPSON FERRY ROAD NEW CUMBERLAND, PA · NO. t>3 -/72/- 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 JOHN PINTO, who resides at 1416 SIMPSON FERRY ROAD, NEW CUMBERLAND, CUMBERLAND County, Pennsylvania. 3. At the defendant's request, plaintiff issued the defendant a credit card with account number 5424180358768809 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, merchandise and services and/or cash advances from vendors who accepted plaintiffs 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 $8,693.92. 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 $8,693.92, 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. Plaintiffs counsel is not a salaried employee of Citibank (South Dakota) N.A. Plaintiff seeks recovery of attorney fees in the sum of $1,651.84. WHEREFORE, plaintiff demands judgment against the defendant in the sum of $8,693.92, attorneys fees in the sum of $1,651.84 and the costs of this action. BURTON NEIL & ASSOCIATES, P.C. t~urton Ned, esqmre Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. S.:op 2%=m._,-c~t Zee c~ aa ~e b~ ~-=~ ' ' ~ ~e~ not ~=de by you, oP so~o~e ~e~s~ oZ~e °r ~le ~fr~iiofl d~a ~ ~,~ ~.~' pay o([ ~ur ?~i~ ~ai~n~ Ono~ your ~renl ad~nc~ ~y a~ ~ ii ~ default onde~ any Ci~bank · Car~Ag'~be~u~ Pr~na~r~la) oa aA baJAn~s lo a de/a~t ~s o( go Io and Pe~o/m~nc~ ~e tou~ accounl may aoa~ become'efgFola bel~nc~ ~l re~o ~b]e~ lo the ~iaui[ (ale ~ Ihey ere pa;d fn a,,ma~ng }~ur C~b~nk Card Aores~e~ Io sb'bsiil~' !he ~r~poao~ng ~ ~n ~r ~ag CF6b~nk ~d Y~ [0 ~ead ~ no~ ~d save ~ for lucre re(er~nca. - I i 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 unswom falsification to authorities. Date: Account number: Defendant: SHERIFF'S RETURN - REGULAR CASE NO: 2003-01726 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS PINTO JOHN JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PINTO JOHN the DEFENDANT at 1416 SIMPSON FERRY ROAD , at 1109:00 HOURS, on the 17th day of April , 2003 NEW CUMBERLAND, PA 17070 by handing to JOHN PINTO 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 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this ~ ~ day of ~?~0-3 A.D. ! ~rothonotary So Answers: R. Thomas Kline 04/21/2003 BURTON NE I L By: ~~/~~ Jty- Sheri CITIBANK (SOUTH DAKOTA) N.A. 701 EAST 60th STREET NORTH SIOUX FALLS, SD 57117 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. JOHN PINTO 1416 SIMPSON FERRY ROAD NEW CUMBERLAND, PA 17070-1567 Defendant : NO. 03-1726 CIVIL TERM · 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: $8,693.92 Credit: $0.00 Attorney's Fees: $1,651.84 Total: $10,345.76 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. ~'~lSrothonotary (~ NE~.~ASSOCIATES, P.C. Attorney for Plain i Attorney I.D. No. 11348 P.O. Box 356, W. Chester, PA 19381 10007.034.2767 Burton Neil & Associates, P.C. is a debt collector CITIBANK (SOUTH DAKOTA) N.A. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. JOHN PINTO Defendant : NO. 03-1726 CIVIL TERM : CIVIL ACTION - LAW Notice of Intention to File Praecipe for Default Judgment TO: JOHN PINTO 1416 SIMPSON FERRY ROAD NEW CUMBERLAND, PA 17070-1567 DATE OF NOTICE: May 08, 2003 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 take 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 help: Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 .... ~ .- ....... ~URTOI~NEIL & ASSOCIATES, P.C. ~ ~~~ell, Esc~uire Attorney for Plaintiff Identification No. 11348 26 South Church Street West Chester, PA 19382 (610) 696-2120 In making this communication, we advise that this office is a debt collector. UNI'TED STATES BANKRUPTCY COURT FOR THE MI'DDLE DZSTRZCT OF PENNSYLVAN1'A IN RE: .1OHN D. PINTO Debtor .JOHN D. PINTO Movant V. CITIBANK (SOUTH DAKOTA), N.A. Respondent IN BANKRUPTCY CHAPTER (7) PROCEEDING BK. NO. 1-03-03939 IN THE CUMBERLAND COUNTY COURT OF COMMON PLEAS, PENNSYLVANIA NO. 03-1726 Civil Term ORDER OF COURT FOR .1UDGMENT BY DEFAULT AND NOW, this I~~FK/. day of /~I~Q~--~.LJ~"F , 2003, in consideration of the within Motion for Entry of .~o~dgment by Default filed by counsel for thy Debtor/Movant, the Court finds that the Respondent has failed to file an Answer or otherwise plead to the Motion for an Order Avoiding .]udicial Lien filed on July 9, 2003, and duly served upon the Respondent's counsel of record; therefore, the Court orders judgment by default in favor of the Debtor/Movant, John Pinto, and against the Respondent, Citibank (South Dakota), N.A. as to the relief requested in the Motion. IT IS HEREBY ORDERED, adjudged and decreed that the judgment lien held by the Respondent is hereby declared void in its entirety and of no further force and effect as it violates 1:1 U.S.C. §522(f)(1); and §522(h) and 11 U.S.C. 547(b)(4)(A) as a preference. HARRISBURG :ILED PA AUG 1 3 2003 Clerk, U.S. Bankruptcy Coufl BY THE COURT: /s/MAR'( D. FRANCE Bankruptcy -]udgeCERTiFiED FROM THE RECORD , · . BaF~,~rL.i..uy Cou, t Depu?/ " ,