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HomeMy WebLinkAbout03-3165BURTON 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 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DANIEL R POLEY 107 EAST KELLER STREET MECHANICSBURG, PA Defendant so. 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 fights 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 10008.034.4690 BURTON NEIL & ASSOCIATES, P.C. By: Burton Neff 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, SOUTH DAKOTA Plaintiff DANIEL R POLEY 107 EAST KELLER STREET MECHANICSBURG, PENNSYLVANIA Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - LAW Complaint 1. The plalntiffis Citibank (South Dakota) N.A., with place of business located at 701 East 60th Street North, Sieux Falls, South Dakota. 2. The defendant is DANIEL R POLEY, who resides at 107 EAST KELLER STREET MECHANICSBURG, CUMBERLAND County, Pennsylvania. 3. At the defendant's request, plaintiffissued the defendant a credit card with account number 4128003472444317 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 goveming 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 $9,433.07. 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 $9,433.07, the defendant failed and refused to pay ail or any part thereof. 8. Plaintiff aileges it is entitled to recovery of attorney's fees from defendant pursuant to the terms and conditions governing the account. Plaintiff's cotmsel is not a salaried employee of Citibank (South Dakota) N.A. Plaintiff seeks recovery of attorney fees in the sum of $1,792.28. WHEREFORE, plaintiff demands judgment against the defendant in the sum of $9,433.07, attorneys fees in the sum of $1,792.28 and the costs of this action. BURT~EIL & ~SSOCIATES, P.C. Burton Neil,~re Attorney for PlainTllS~ 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 unswom falsification to authorities. Date: DANIEL R POLEY 4128003472444317 10008.034,4690 BURTON NElL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification number: 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 KANSAS CITY, MO Plaintiff 15684 DANIEL R POLEY 107 EAST KELLER STREET M~CHANICSBURG, PA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND cOUNTY, PENNSYLVANIA NO. 03-3165 CIVIL TERM CIVIL ACTION - LAW Praecipe to Discontinue To the Prothonotary: Kindly discontinue the above captioned action without prejudice. "" B~T~~ON l~.& ASSOCIATES, P.C. Burton Neil, Esquire AlXomey for Plaintiff 10008.034.4690 SHERIFF'S RETURN CASE NO: 2003-03165 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND - NOT FOUND CITIBANK (SOUTH DAKOTA)NA VS POLEY DANIEL R R. Thomas Kline duly sworn according to law, says, that inquiry for the within named DEFENDANT POLEY DANIEL R unable to locate Him in his bailiwick. COMPLAINT & NOTICE ,Sheriff or Deputy Sheriff, who being he made a diligent search and but was He therefore returns the the within named DEFENDANT , NOT FOUND , as to , POLEY DANIEL R 107 EAST KELLER STREET MECHANICSBURG, PA 17055 DEFENDANT'S CURRENT ADDRESS IS 5392 COLDSTREAM WAY POWDER SPRINGS, GA 30127-4992. RETURNED PER CHRIS. Sheriff's Costs: Docketing 18.00 Service 6.90 Not Found 5.00 Surcharge 10.00 .00 39.90 ~ R. Thomas ~line Sheriff of Cumberland County BURTON NEIL 07/14/2003 Sworn and subscribed to before me this ~ ~ day of ~ ~eo3 A.D. Pro~h6notary ' ! '