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Home My WebLink About07-1955Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Successor in interest to CITIBANK, USA N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff V. THOMAS E ZIMMERMAN DBA ZIMMERMAN'S EXXON 407 North 21st Street, Camp Hill PA 17011-2202 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 9 S, 1.. l C? ? 1,,? : 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-10990 4 Burton Neil & Associates, P.C. Burton Neil, Esquire ID. NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. Successor in interest to CITIBANK USA, NA 701 East 60`h Street North, Sioux Falls, SD Plaintiff V. THOMAS E ZIMMERMAN DBA ZIlv"AERMAN'S EXXON 407 North 21st Street, Camp Hill PA 17011-2202 Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 ^ !4SS (2:1U-tC-Te/2-E-n : CIVIL ACTION -LAW Complaint 1. The plaintiff is Citibank (South Dakota), N.A., Successor in interest to Citibank USA, NA with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Thomas E Zimmerman dba Zimmerman's Exxon, who resides at 407 North 21st Street, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff is a national banking association which engaged in various types of banking business including commercial lending through the issuance of credit cards. 4. Citibank USA, NA, a national banking association, furnished consumer credit to defendant, Thomas E Zimmerman dba Zimmerman's Exxon, by means of a credit card with account number 5588588001546699 hereinafter referred to as the credit card account. 5. Citibank USA, NA maintained an accurate and running record of all debits and credits to the credit card account in its books of account. 6. Citibank USA, NA mailed defendant a written statement each month which accurately stated the debits and credits to the credit card account for the prior billing period. 7. Defendant received the monthly statements from Citibank USA, NA for the credit card account including the statement attached hereto as Exhibit A statement without protest, dispute or objection. 8. Defendant in not protesting, disputing or objecting to the statements including the Exhibit A statement thereby assented and agreed to the correctness of the balance due on the credit card account so as to constitute an account stated. 9. On or about October 1, 2006, Citibank USA, NA merged with plaintiff and as a result of the merger, plaintiff, as successor in interest, acquired all right, title and interest to said account. 10. The amount due plaintiff on the account stated, less credits, if any issued subsequent to the Exhibit A statement, is $13,246.85. Wherefore, plaintiff demands judgment against defendant, Thomas E Zimmerman dba Zimmerman's Exxon for the sum of $13,246.85, and the costs of this action. Burton Neil Associates, P.C. eil, Esquire for Plaintiff C ltl r-108usinesse Platinufn Selector Card Account Summary Statement Eililnp Period 08/1&#06 -07117!06 _ T"OMAS E ZIMMERMAN A ZIRMAWS MOM Minimum Payment =13,240.85 New Balance 13,248.85 Due Date Due Now Past Due 2 983.00 awiness Credit Une 0.00 Avallable Credit 0.00 Cash Advance Uns 0.00 paps 1 of 2 Buebtea Account Number 566& 5660 0154 &&&& Total Cardmatnbers 1 Custa ner Swots: 1 600 750-7453 ts9dbw Aerie Visit to access yaw account Informoion or to mote a PaYmot online. 872 12 ........... Previous Balance ............................ . , .................. .......... 0.00 ............... payments ........... ............................. ............. .... 00 0 Credit& ............................................................ . ... ........................ ........39.00 ?justments/Fe. ......................................... ............... .. .................. 0.00 ............................. ........ Cash .................................................... ...............335.42 . ........ ....................... Finance Charps .. ......... a45.55 via, New Balance PaynvW Record Amount Dom paid: ChWA Number. Paid: Piwss duumb and ntum this oouPoe WRh Your PaYw4nt• Accowd Number P Dus Now Solanc 5555 sw 0154 5599 DUE NOW =1a,?.55 $134"A 014 THOMAS E ZIMMERMAN ZIlMERMAN'S EXXON 407 N 21ST ST CAMP HILL PA 17011-2202 PO BOX 0308 THE LAKES W 8890143 EXHIBIT 55885880015466440003490020013246851 Make cheek payable to: Ckuwahuma Gard Pape 2 Qf 2 ^ a Billi Period Ci 061CM tc 07117108 THOMAS F. ZW MERMAN ZI#IMERMAN's EXXON ZIMMENYAM'S EXXON Nominal APR Periodic BsAO Cash gdvantms _ _ Tool Account NumOar EinplapW_ HOM S E ZIMMERMAN SSW 1T1 Your account is seriously past due. The full balance of $18,248.85is due and payable immediately. Verification I, Kathy Jurgeson is an employee of Citicorp Credit Services, Inc., (USA) which is by contract the service provider for plaintiff Citibank (South Dakota) N.A. retained to perform services including but not primarily limited to collecting delinquent debt. I am authorized to make this verification as attorney-in-fact for plaintiff under powers of attorney from plaintiff to Citicorp Credit Services, Inc. (USA) and to me. The foregoing averments of fact in the within Complaint are true to my information and belief. I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to the authorities. Date: //- / '?4- C) 6 C-10990 Signature 5588588001546699 I.J V `L. CD i CZ) = Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. THOMAS E ZIMMERMAN DBA ZUVIMERMAN'S EXXON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1955 CIVIL ACTION - LAW Praecipe to Reinstate To the Prothonotary: Please reinstate the Complaint. Burton Neil & By: The law firm of Burton Neil & Associates is a debt collector. P.C. eil, Esquire for Plaintiff C-10990 ?? ? ? -n t o -?, t ,$ r d Y -- ?_ ?.w?. ?, ?;?. 4?? ? «.. ? r A . ? t '? _ W ? { . ?? __ SHERIFF'S RETURN - NOT FOUND CASE NC: 2007-01955 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CI''IBANK SOUTH DAKOTA NA VS ZIMMERMAN THOMAS E DBA ZIMMERM R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ZIMMERMAN THOMAS E DBA ZIMMERMAN'S EXXON but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT FOUND , as to the within named DEFENDANT , ZIMMERMAN THOMAS E DBA ZIMMERMAN'S EXXON 407 NORTH 21ST STREET CAMP HILL, PA 17011 BUSINESS IS CLOSED. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: So answers* Docketing 18.00 Service 14.40 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 47.40 BURTON NEIL ?? 04/18/2007 ? 00 Sworn and Subscribed to before me this day of A. D. 16. CITIBANK (SOUTH DAKOTA), N.A. Successor in interest to CITIBANK, USA N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff V. THOMAS E ZIMMERMAN DBA ZIMMERMAN'S EXXON 46 North 8th Street Lemoyne PA 17043 Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1955 : CIVIL ACTION - LAW Praecipe for Default Judgment 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 $13,246.85 $13,246.85 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unsworn 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. JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. NOTICE G N UNDER A.R.CIV.P. 236 Pro Prot onotaryThe law firm of Burton Neil & Associates is a debt collector. Burton NeiY& Associates. P.C. BY: i~a k], Esquire Attorney f Plaintiff I.D. #11348 1060 Andrew lriv_e, Suite 170 W. Chester, PA 19380 C-10990 • w CITIBANK (SOUTH DAKOTA), N.A. Successor in interest to CITIBANK, USA N.A. Plaintiff V. THOMAS E ZIMMERMAN DBA ZIMMERMAN'S EXXON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-1955 CIVIL ACTION - LAW Notice of Intention to File Praecipe for Default Judgment TO: Thomas E Zimmerman dba Zimmerman's Exxon 46 North 8th Street Lemoyne PA 17043 IMPORTANT NOTICE C-10990 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 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. 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- 8 DATE OF NOTICE: June 6, 2007 Burton Neil & /Ssociates, P.C. By: Attorney for Plairtiff Identification No. 11348 In making this communication, we advise our office is a 1060 Andrew Drive, Suite 170 debt collector. West Chester, PA 19380 (610) 696-2120 cc: Deborah Hughes, Esquire P. O. Box 961 Harrisburg, PA 17108-0961 III?IIIIIN?I?IIIIIIIIIIIII {lily{?I?IIIIIIIIIInIIIIII?IIIIIIV?IINiI?IIIN??Hillillll? i3 7 a az +? r nr c-n Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. N. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 ATTORNEY FOR: Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Successor in interest to CITIBANK, USA N.A. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS E ZUAMERMAN DBA ZIMMERMAN'S EXXON Defendant : NO. 07-1955 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 J L.w F- 2, ? Prothonotary By: 1121 _ 5`- If you have any questions concerning the above, please contact: Burton Neil, 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. SHERIFF'S RETURN - REGULAR CASE NO: 2007-01955 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS ZIMMERMAN THOMAS E DBA ZIMMERM SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ZIMMERMAN THOMAS E DBA ZIMMERMAN'S EXXON the DEFENDANT , at 1810:00 HOURS, on the 15th day of May 2007 at 46 NORTH 8TH STREET LEMOYNE, PA 17043 by handing to LAURIE ZIMMERMAN, 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 18.00 Service 15.36 Postage .41 Surcharge 10.00 .00 4 3. 7 7 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 05/16/2007 BURTON NEIL & ASSOCIATES By: IAS, -,- 4 ?t Deputy She ff A. D. UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: THOMAS E. ZIMMERMAN, JR. f/d/b/a ZIMMERMAN' S EXXON LAURIE M. ZIMMERMAN Debtors/Movants IN BANKRUPTCY BK. NO. 1:07-bk-03763-RNO CHAPTER 7 PROCEEDING THOMAS E. ZIMMERMAN, JR. DBA ZIMMERMAN' S EXXON Movants v. : LIEN AVOIDANCE : COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07- 1955 Civil Term CITIBANK (SOUTH DAKOTA), N.A. Successor in interest to Citibank, USA N.A. Respondent ORDER OF COURT VOIDING JUDICIAL LIEN In consideration of the within Motion for Order Voiding Judicial Lien filed by counsel for Debtors/Movant, the Court finds that the Respondent has failed to file an Answer or otherwise plead to the Motion, for an Order Avoiding Judicial Lien filed on November 30, 2007 and duly served upon the Respondent; therefore, the Court orders judgment by default in favor of the Movant, Thomas E. Zimmerman, Jr. d/b/a Zimmerman's Exxon, and against the Respondent, Citibank (South Dakota), N.A. 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 11 U.S.C. Section 522(f)(1) and interferes with 11 U.S.C. Section 522(d). By the Court, ?0 _-r 6" j Dated: December 27, 2007 Robert N. 0* GIs $Wkt'u Jvdp P13) Tt=doatM#mt it electmnically sWned and Sled on She same date. CERTIFIED 'FROM THE RECORD this day of .20 Clerk, U.S. Bark' ptyy C Per Deputy C[prk '-fir 1' r-n