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HomeMy WebLinkAbout07-6346s. Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N Sioux Falls, SD 57117 IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. BRIAN E MCPHERSON NO. C_>#l - oltL 0,.zL7ia.#-n 306 3rd Street Summerdale PA 17093-0276 Defendant 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-12745 4 , Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. IN THE COURT OF COMMON PLEAS 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Off- G 3y L C1'v' T ?'?-. BRIAN E MCPHERSON 306 3rd Street, Summerdale PA 17093-0276 Defendant CIVIL ACTION - LAW Complaint 1. Plaintiff is CITIBANK (SOUTH DAKOTA), N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Brian E McPherson, who resides at 306 3rd Street, Summerdale, Cumberland County, Pennsylvania. 3. Plaintiff is a national banking association, engaged in various types of banking business including consumer lending through the issuance of credit cards. Count I 4. Plaintiff furnished consumer credit to the defendant by means of a credit card with account number 5424180872542128 hereinafter referred to as the credit card account. 5. Plaintiff kept accurate running records of all debits and credits to the account. 6. Plaintiff mailed to defendant monthly statements for the account including the billing statement attached hereto as Exhibit A. The monthly statements accurately stated the previous balance, the debits and credits to the account for the prior billing period. 7. Before plaintiff mailed Exhibit A, defendant had for many months made payments on account of the billing statement or retained the statement without payment. 8. Defendant's actions as set forth above constituted an account stated between parties for the sum of $14,213.14 which sum reflects the Exhibit A statement balance less credits, if any, which were applied subsequent to the date of Exhibit A. Wherefore, plaintiff demands judgment against defendant for the sum of $14,213.14, and the costs of this action. Count II 9. Plaintiff furnished consumer credit to the defendant by means of a credit card with account number 4128002920564429 hereinafter referred to as the credit card account. 10. Plaintiff kept accurate running records of all debits and credits to the account. 11. Plaintiff mailed to defendant monthly statements for the account including the billing statement attached hereto as Exhibit B. The monthly statements accurately stated the previous balance, the debits and credits to the account for the prior billing period. 12. Before plaintiff mailed Exhibit B, defendant had for many months made payments on account of the billing statement or retained the statement without payment. 13. Defendant's actions as set forth above constituted an account stated between parties for the sum of $12,404.46 which sum reflects the Exhibit B statement balance less credits, if any, which were applied subsequent to the date of Exhibit B. Wherefore, plaintiff demands judgment against defendant for the sum of $12,404.46, and the costs of this action. eil & Ssiociates, P.C. Yal . Weinstein, Esquire Attev for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. 09/04/07 $14213.14 $14213.14 SITE:KC-CL >?aeiif€ eaiiititiiki#ii#:ts= CITI CARDS BRIAN E MCPHERSON PO BOX 183057 P.0 BOX 276 COLUMBUS, OH 306 3RD ST 43218-3057 SUMMERDALE PA 17093-0276000 Citi'& Dividend Platinum Select Card Account Number 5424 1808 7254 2128 C tie Customer Service. 1-600-568-5000 Total Credit Line Available Credit Line Cash Advance Limit Available Cash Limit New Balance $12300 $0 $6900 $0 $14213.14 BOX 6500 Statement/ Amount Over Purch/Adv Minimum SIOUX FALLS, SD Closing Date Credit Line Past Due Inimum Due Amount Due 57117 08110/2007 $1913.14 $2331.92 551.51 $14213.14 Sale Date Post Date Reference Number Activity Since Last Statement Amount Standard Purch 8/10 LATE FEE - JUL PAYMENT PAST DUE 39.00 66 0000 0000000000 8/10 PURCHASES*FINANCE CHARGE*PERIODIC RATE 370.51 84 0000 0000000000 Your late fee was based on your account balance as of the payment due date (08/06/07), which was $13,803.63. Help is available! Please call the toll-free number shown above to learn about our special payment options. Call Monday - Friday, 7 am to 9 pm, or Saturday, 8 am to 5 pm, Central Time. Please give us the opportunity to assist you. EXHIBIT Account Summary Previous + Purchases (-) Payments (+) (=) New Balance & Advances & Credits CHARGE Balance PURCHASES $13,803.63 $39.00 0.00 $370.51 $14,213.14 ADVANCES $0.00 $0.00 0.00 1 $0.00 $0.00 TOTAL $13,803.63 $39.00 0.00 $370.51 $14,213.14 Days This Billing Period: 30 Rate Summary Balance Subject to Periodic Nomina ANNUAL Finance Charge Rate APR PERCENTAGE RATE PURCHASES Standard Purch $13,981.89 0.08833%(D) 32.240% 32.240% ADVANCES Standard Adv $0.00 0.08833%(D) 32.240% 32.240% TM:CO-5000 ACID:KCB3104 09/18/07 21:50:21: 08/23/07 $12404.46 $12404.46 SITE:KC-CL TM:CO-500 0 ACID:KCB3104 ` -- 08/28/07 23:58:45: =:1lifE'711CI=:-:_ tf?i:.:BECtftRi;€:;;_ :361R:ikT::f3f::•: CITI CARDS BRIAN MCPHERSON PO BOX 183069 PO BOX 276 COLUMBUS, OH 306 3RD STREET 43218-3069 SUMMERDALE PA 17093-0276000 Cities Card Account Number 4128 0029 2056 4429 C tI Customer Service. 1-800-568-5000 Total Credit Line Available Credit Line Cash Advance Limit Available Cash Limit New Balance $10600 $0 $3600 $0 $12404.46 BOX 6500 Statement/ Amount Over Purch/Adv Minimum SIOUX FALLS, SO Closing Date Credit Line Past Due Minimum Oue Amount Due 57117 07/30/2007 $1804.46 $2028.72 $507.47 $12404.46 Sale Date Post Date Reference Number Activity Since Last Statement Amount Standard Purch 7/30 LATE FEE - JUN PAYMENT PAST DUE 39.00 66 0000 0 70000000000 7/30 PURCHASES*FINANCE CHARGE*PERIODIC RATE 344.47 84 0000 0 70000000000 Your late fee was based on your account balance as of the payment due date (07/23/07), which was $12,020.99. Help is available! Please call the toll-free number shown above to learn about our special payment options. Call Monday - Friday, 7 am to 9 pm, or Saturday, 8 am to 5 pm, Central Time. Please give us the opportunity to assist you. Our records show home phone 717-728-8930 and business phone 717-731-3420. Please update coupon if incorrect. Please see enclosed privacy notice for important information. EXHIBIT Account Summary Previous (+) Purchases (-) Payments (+) FINANCE (=) New Balance & Advances & Credits CHARGE Balance PURCHASES $12,020.99 $39.00 0.00 $344.47 $12,404.46 ADVANCES $0.00 $0.00 0.00 1 $0.00 $0.00 TOTAL $12,020.99 $39.00 0.00 $344.47 $12,404.46 Days This Billing Period: 32 Rate Summary Ba ante Subject to Periodic Nominal ANNUAL Finance Charge Rate APR PERCENTAGE RATE PURCHASES Standard Purch $12,187.03 0.08833%(D) 32.240% 32.240% ADVANCES Standard Adv $0.00 0.08833%(D) 32.240% 32.240% Verification I, Shauna Houghton am 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 on its behalf. 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 pleading are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to the authorities. 1 S-6 U 'r.?? ? - Signature Shauna Houg on Brian E McPherson 5424180872542128 N f?`1 -Ti Ell 1 /3 otlo SHERIFF'S RETURN - REGULAR CASE NO: 2007-06346 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK (SOUTH DAKOTA) N A VS MCPHERSON BRIAN E WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon M(1nWVV Qn'KT DV T ATxT W the DEFENDANT , at 2013:00 HOURS, on the 20th day of November , 2007 at 306 3RD STREET SUMMERDALE, PA 17093-0276 BRIAN MCPHERSON by handing to 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 Service Affidavit Surcharge X6\1 A - Sworn and Subscibed to before me this So Answers: 18.00 gyp` 30.72 .00 10.00 R. Thomas Kline .00 58.72 11/21/2007 BURTON NEIL & ASSOCIATES By: '1044.0 day Deputy Sheriff 0 f A. D. I CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff V. BRIAN E MCPHERSON 306 3rd Street PO Box 276 Summerdale PA 17093-0276 Defendant To the Prothonotary: : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6346 : 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 - Count I: $14,213.14 Principal - Count II: $12,404.46 TOTAL $26,617.60 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unworn 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 (SCRA), the defendant is not in the military service of the United Sta s l received from the defendant and/or the Department of Defense websi/ JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN UNDER PA.R.CIV.P. 236 r Prothonotary BurtonlNeil /5/ etkkft? p. &e - - By: -f Act of 2003 on information C. Yal . V ' stein, Esquire Att y for Plaintiff I.D. O. 89678 106 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C-12745 CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. BRIAN E MCPHERSON Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6346 CIVIL ACTION - LAW Notice of Intention to File Praecipe for Default Judgment TO: Brian E McPherson 306 3rd Street PO Box 276 Summerdale PA 17093-0276 IMPORTANT NOTICE C-12745 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 800,9, DATE OF NOTICE: December 13, 2007 In making this communication, we advise our office is a debt collector. P.C. Yale D. W i stein, Esquire Attorney W Plaintiff Identificat n No. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 cc: Gary J. Imblum, Esquire 407 N Front St, PO Box 11848 Harrisburg, PA 17108-1848 IIIIIiNINIIlmilimlailllila III111111I111Nl11N11111l111111111Rill mill ?A- z 0 C= 0 Lyi r co Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6346 BRIAN E MCPHERSON Defendant 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 /. L30, Prothonotary By: s Deputy If you have any questions concerning the above, please contact: Yale D. Weinstein, 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.