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HomeMy WebLinkAbout03-4043BURTON 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 PHILIP V HOFFMAN 195 HICKORY ROAD CARLISLE, PA Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. -- -/tY43 : 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 wamed 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 10014.034.3909 BURTON NEIL & ASSOCIATES, P.C. By: Burton Nell 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 PHILIP V HOFFMAN 195 HICKORY ROAD CARLISLE, PENNSYLVANIA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. CIVIL ACTION - LAW Complaint l. The plaintiff is Citibank (South Dakota) N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. The defendant is PHILIP V HOFFMAN, who resides at 195 HICKORY ROAD CARLISLE, CUMBERLAND County, Pennsylvania. 3. At the defendant's request, plaintiff issued the defendant a credit card with account number 5410658444640203 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 fi.om 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 $9,334.76. 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 $9,334.76, the defendant failed and refused to pay all or any part thereof. 8. Plaintiff alleges it is entitled to recovery of attorney's fees fi.om 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 orS1,773.60. WHEREFORE, plaintiff demands judgment against the defendant in the sum of $9,334.76, attomeys fees in the sum of $1,773.60 and the costs of this action. -. BU~T.~2EIL & ASSOCIATES, P.C. BAtl~to°rnneyNeif) Esq~irr Plain~ 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,/nc., wholly owned subsidiaries of Citigroup, the within Plaintiffin 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. Date: PHILIP V HOFFMAN 5410658444640203 10014.034,3909 SHERIFF'S RETURN - CASE NO: 2003-04043 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK (SOUTH DAKOTA) N A VS HOFFMAN PHILIP V REGULAR ROBERT BITNER , Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE HOFFMAN PHILLIP V DEFENDANT , at 1133:00 HOURS, at 75 LADNOR LANE CARLISLE, PA 17013 PHILIP HOFFMAN a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 5th day of September, 2003 by handing to & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this /7~ day of .~,~-,~ r~F/~3 · A.D. So Answers: R. Thomas Kline 09/08/2003 BURTON NEIL /Depuuy Sheriff 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. NO. 03-4043 CIVIL PHILIP V HOFFIVlAN 195 HICKORY ROAD CARLISLE, PA 17013-9748 CML ACTION - LAW Defendant Praecipe for Default Judgment To the Prothonotary: Please enter judgment by default for want of an answer m the above case in favor of the plaintiff and against the defendant, and assess damages as follows: Principal: $9,334.76 Credit: $0.00 Attorney's Fees: $1,773.60 Total: $11,108.36 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 ?~h~a civilian occupation. / AND DAMAGES ASSESSE~ AS ABOVE. / / NOTICE GIVEN UNDER~P~.R.CIV.P.236 BY: ~_~"~ . Attorney for Plaintiff Pro Prothonotary fj Attorney I.D. No. 11348 P.O. Box 356, W. Chester, PA 19381 10014.034.3909 Burton Neil & Associates, P.C. is a debt collector CITIBANK (SOUTH DAKOTA) N.A. Pla~ntiff VS. PIzI/L]I~ V HOFFMAN Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4043 CIVIL : CIVIL ACTION - LAW Notice of Intention to File Praecipe for Default Judgment TO: PI-t/LIP V HOFFMAN 195 HICKORY ROAD CARLISLE, PA 17013-9748 DATE OF NOTICE: October 20, 2003 IMPORTANT NO"lICE You are in default because you have failed to enter a written appearance personally or by attorney and file /n 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 fights. You should take this notice to your lawyer at once. If you do not have a lawyer or camnot afford one, go to or telephone the following office to £md out where you can get legal help. Tlfis office canprovide 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 Referral Service Cumberland County Bar Association 2 Liberty Avenue Car/isle, PA 17013 717-249-3166 ~,~'B~T~ NEIL~ & ASSOCIATES, P.C. Attorney for Plaintiff Identification No. 11348 26 South Church Street West Chester, PA 19382 (610) 696-2120 In malting this commmfication, we advise that th/s office is a debt co/lector.