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HomeMy WebLinkAbout03-4049BURTON 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 TUYEN Q LE 1023 DRESEL HILLS BOULEVARD NEW CUMBERLAND, PA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. o2 - 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 10007.034.5509 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, SOUTH DAKOTA Plaintiff TUYEN Q LE 1023 DRESEL HILLS BOULEVARD NEW CUMBERLAND, PENNSYLVANIA Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Complaint l. The plaintiffis Citibank (South Dakota) N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. The defendant is TUYEN Q LE, who resides at 1023 DRESEL HILLS BOULEVARD NEW CUMBERLAND, CUMBERLAND County, Pennsylvania. 3. At the defendant's request, plaintiff issued the defendant a credit card with account number 5424180362766682 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 $7,622.81. 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 $7,622.81, the defendant failed and refused to pay all or any part thereof. 8. Plaintiffalleges 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 ofattomey fees in the sum of $1,448.33. WHEREFORE, plaintiff demands judgment against the defendant in the sum of $7,622.81, attorneys fees in the sum of $1,448.33 and the costs of this action. BUILT~EIL & ASSOCIATES, P.C. Burton N~il, EsqUire Attorney for Plai~iff In making this communication, we advise our firm is a debt collector. n c~ Notice of Change in ~ Terms to Your Citibank Card Agreement 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 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: TUYEN Q LE 5424180362766682 10007.034.5509 SHERIFF'S CASE NO: 2003-04049 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK (SOUTH DAKOTA) N A VS LE TUYEN Q RETURN - REGULAR RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon LE TUYEN Q DEFENDANT , at 1944:00 HOURS, at 1023 DREXEL HILLS BOULEVARD NEW CUMBERLAND, PA 17070 TO VO, BROTHER-IN-LAW OF a true the law, on the 19th day of August , 2003 by handing to DEFENDANT together with and attested copy of COMPLAINT & NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18 Service 11 Affidavit Surcharge 10 39 00 04 00 00 00 04 Sworn and Subscribed to before me this 27~ day of rot ~2 ~3-~ A.D. honorary So Answers: R. Thomas Kline 08/20/2003 U TON CITIBANK (SOUTH DAKOTA) N.A. 701 EAST 60th STREET NORTH SIOUX FALLS, SD 57117 : 1N THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 03-4049 CIVIL TUYEN Q LE 1023 DRESEL HILLS BOULEVARD NEW CUMBERLAND, PA 17070-0000 : CIVIL ACTION - LAW Defendant Praecipe for Default Judgment To the Prothonotary: Please enter judgment by default for want of an answer in the above ease in favor of the pl~mtiff and against the defendant, and assess damages as follows: Principal: $7,622.81 Credit: $0.00 Attorney's Fees: $1,448.33 Total: $9,071.14 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' Reliaf 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. NOTICE GI.VEN UNDE~P~IV.P.236 Pro Prothonotary ' BURTO~ ~NEIL &~"- ~') ASSOCIATES, P.C. Burton Neil, Esqmre Attorney for Plaintiff Attorney I.D. No. 11348 P.O. Box 356, W. Chester, PA 19381 10007.034.5509 Burton Neil & Associates, P.C. is a debt collector C11'IBANK (SOUTH DAKOTA) N.A. Plaintiff VS. TUYEN Q LE : IN ~ COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 034049 CIVIL Defendant : CIVIL ACTION- LAW Notice of Intention to File Praecipe for Default Judgment TO: TUYEN Q LE 1023 DRESEL I-fiLLS BOULEVARD NEW CUMBERLAND, PA 17070-0000 DATE OF NOTICE: September 22, 2003 IMPORTANT NOTICE You are in default because you have fa/led to ente3 a written appearance personally or by attorney and file in writing with the court your defenses or obl/gatior~s to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgmefit may be entered against you without a hearing and you may lose your property or other important rights. You ~hould take this notice to your lawyer at once. If you do not have a lawyer or cannot afford one~ go tc~or telephone the following office to find out where you can get legal help. This office canprovide yo~ 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 Carlisle, PA 17013 717-249-3166 BURTON NEIL & ASSOCIATES, P.C. BY: Burton NeiI, Esquire 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.