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Home My WebLink About03-6393BURTON NEIL & ASSOCIATES, P.C. By: Burton Nell, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19382 610-696-3030 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. 701 East 60* Street North Sioux Falls, SD 57117 Plaintiff JOHN R. THOMPSON dPo/a KNISLEY'S PERFORMANCE PARTS 7067 Carlisle Pike, Carlisle PA 17013-8803, PA Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 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. Carlisle, PA 17013 Telephone No. 717-249-3166 BURTON NElL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19382 610-696-3030 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. 701 East 60t~ Street North Sioux Falls, SD 57117 Plaintiff JOHN R. THOMPSON d/b/a KNISLEY'S PERFORMANCE PARTS 7067 Carlisle Pike, Carlisle, PA 17013-8803 Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Complaint 1. The plaintiffis Citibank (South Dakota) N.A., a business corporation, with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. The defendant is John R. Thompson, an individual who does business as Knisley's Performance Parts, with place of business located at 7067 Carlisle Pike, Carlisle, CUMBERLAND County, Pennsylvania. 3. At the defendant's request, plaintiff issued the defendant a credit card 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 for cash advances from vendors who accepted plaintiff's 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 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, CIVIL ACTION - LAW Monthly statements were sent to the defendant which detailed the charges made to the accotmt 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 $9,085.81. 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 billing statement. As such, defendant is in default of the terms and conditions governing the use of the credit card. 7. Although demand bas been made by plaintiff upon defendant to pay the sum of $9,085.81, the defendant failed and refused to pay all or any part thereof. 8. Plaintiff alleges it is entitled to recovery of its attorneys fees fi.om defendant pursuant to the terms and conditions governing the account. Plaintiffs cotmsel is not a salaried employee of Citibank. Plaintiff seeks recovery of attorneys fees in the sum of $1,726.30. Wherefore, plaintiff demands judgment against the defendant in the sum of $9,085.81, attorneys fees in the sum of $1,726.30 and the costs of this action. ~NEIL &~.A~SOCIATES, The law firm of Burton Neil & Associates is a debt collector. Exhibit ~ Notice of Change in Terms to Your Citibank Card Agreement VERIFICATION unswom falsification to authorities. Shannon Henry is an Attorney Management Specialist for Citicorp Credit Services, Inc. The within plaintiff Citibank (South Dakota), N.A. and Citicorp Credit Services, Inc. are both wholly owned subsidiaries of Citigroup and makes this statement on its behalf as to the truthfulness of the facts set forth in the foregoing Complaint subject to the penalties of 18 Pa. C.S. Section 4904, relating to BURTON NEIL & ASSOCIATES, P.C. BY: Yale D. Weinstein, Esquire Identification No. 89678 26 South Church Street West Chester, PA 19382 610-696-2120 ATTORNEY FOR: Plaintiff CITIBANK (SOUTH DAKOTA) N.A. Plaintiff VS. JOHN R. THOMPSON d/b/a KNISLEY'S PERFORMANCE PARTS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.03-6393 CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly discontinue the above-captioned action without prejudice. BURTO~IL & ASSOCIATES, P.C. C Ya~l~ ¢. ~, Esquire Att~elfffor Plaintiff The law firm of Burton Neil & Associates is a debt collector. 54774 SHERIFF'S CASE NO: 2003-06393 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERI~AND CITIBANK SOUTH DAKOTA NA VS THOMPSON JOHN R DBA KNISLEYS RETURN - REGULAR GERALD WORTHINGTON Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE was served upon THOMPSON JOHN R D/B/A KNISLEYS PERFORMANCE PARTS the Sheriff or Deputy Sheriff of who being duly sworn according to law, HOURS, on the 12th day of December , 2003 by handing to SALESMAiq, ADULT IN CHARGE together with DEFENDANT at 1907:00 at 7067 CARLISLE PARK CARLISLE, PA 17013 KEITH ANKERBRANDT, PARTS a true and attested copy of COMPLAINT & NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before m~ ~t~h? /,~(~ day of So Answers: R. Thomas Kline 12/15/2003 BURTON NEIL