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HomeMy WebLinkAbout08-4827Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 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. DEBRA BOLTON 464 West Main Street Walnut Bottom PA 172669762 NO. 61@ -,qg.Z/ Defendant : CIVIL ACTION -LAW Complaint - Notice 61 u t- LQ7ieev1 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-16275 C-16217 Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 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 Plaintiff V. DEBRA BOLTON 464 West Main Street Walnut Bottom PA 172669762 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 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 Debra Bolton, who resides at 464 West Main Street, Walnut Bottom, 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 incorporates herein paragraphs 1 through 3. 5. Plaintiff furnished consumer credit to the defendant by means of a credit card with account number ending in 3498 hereinafter referred to as the credit card account. 6. Plaintiff kept accurate running records of all debits and credits to the account. 7. 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. 0 8. Before plaintiff mailed Exhibit A, defendant had for many months made payments on account of the billing statement or retained the statement without payment. 9. Defendant's actions as set forth above constituted an account stated between parties for the sum of $3,900.71 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 for Count I against defendant for the sum of $3,900.71, and the costs of this action. Count II 10. Plaintiff incorporates herein paragraphs 1 through 3. 11. Plaintiff furnished consumer credit to the defendant by means of a(n) AT&T Universal credit card with account number ending in 4632 hereinafter referred to as the credit card account. 12. Plaintiff kept accurate running records of all debits and credits to the account. 13. 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. 14. Before plaintiff mailed Exhibit B, defendant had for many months made payments on account of the billing statement or retained the statement without payment. 15. Defendant's actions as set forth above constituted an account stated between parties for the sum of $13,750.69 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 for Count II against defendant for the sum of $13,750.69, and the costs of this action. Wherefore, plaintiff demands judgment in the entirety against defendant for the sum of $17,651.40, and the costs of this action. Burton Neil & Associates, P.C. By: Brit . Suttell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. 05/06/08 $3900.71 $3900.71 SITE:KC-CL TM:CO-5000 ACID:KC00201 06/03/08 22:02:34: CITI CARDS DEBRA BOLTON PO BOX 183057 COLUMBUS, OH 464 W MAIN ST 43218-3057 WALNUT BOTTOM PA 17266-9762000 I Citi' Platinum Select' Card MJ? 3498 t 1-800-950-5114 TOM Credit Line AVallaale Crtdk Line Cash Advam m Limit AVaiNalt Case Unit BOx 6500 $3250 $0 $2500 $0 SIOUX FALLS, SO C Dati A r.024 Lin Post Due Mldauw ?ii 57117 04/10 208 $650.71 $886.36 5169_6b 4/10 4/10 4/10 Standard Purch LATE FEE - MAR PAYMENT PAST DUE 66 0000 PURCHASES•FINANCE CHARGE•PERIODIC RATE 84 0000 Purch/Adv Thru 07/12/2006 PURCHASES«FINANCE CHARGE•PERIODIC RATE 84 0000 Your 1 to fee was base on your account balance as of the payment due date (04/07108), which was 3,770.05. atle Nary eabnee $390g0??.71 A.euati $3900.71 Ampurd 39.00 0000000000 000000000704.95 16.71 0000000000 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. We will lower APRs from the default APR on all balances if you meet the terms of all Card Agreements you have with us for 12 billing periods in a row. We may lower these APRs sooner based on your record with us. Aeeotnt Summary Previous + rc aaea - aym : + ew Balance & Advances A Credits CHARGE Balance PURCHASES ADVANCES TOTAL $3,770.050 s 1 $ 0.00 0.00 1 $91.66 $3,9 .71 ?p $3,7 0.05 $ 9.00 0.00 $ 1.66 ;3.900.71 Da s This 811 Period. 30 ROW Summary Balance ec to Finance Charge er c R t orn ne ANNUAL PURCHASES a e APR PE RCENTAGE RATE Standard Purch Purch/Adv $3,118.72 0.08011%(D) 29.240% 29.240% thru 07/12/2006 ADVANCES $695.45 0.08011%(D) 29.240% 29.240% Standard Adv $0.00 0.08011%(D) 29.240% 29?_ M IBIT e ry e rn e o m E E E o z? o a a a q A r- %m N O O Y W ° W O O ?m Ur O ~ O O L .y W Y N O a, 0 O U U V ut `t ei C P r o u O u O O = C m o '> .r0 e q m `? r D ° O Q O O an C j? My E x o v u O r O N O °m m W 3:0 O co 30g ry W IL a 2.-. Ud?r•t W W o N O Q u 0 = _ ° a 0 a o rn u u ?- N W 1.1 Z + z z zl r = a U. M > c_ 0? 'D O e a W p e o W 0 0 O 0 J O L O 0 W O O Y ?_ E v, tj O ? UQ y W E n 0 a v N do P Y c ? a v m ? a D N V m N 10 v Z q O E N N ` Y o a v 0 Q a o D. v o o Q. a o f ? 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ON 0M0c Q OU crm dale Paid ami01iri t (.viii - ---- --- Che(M p _ - -- -- Detach and follow payment imtrudlem on reverse Make check payable te:AT&T Universal Card Total New Balance: Account Number $13,750.69 632 Minimum Amount Due: Amount Enclosed: ///yyy • / Payment t Due Payment Date: / 05/12/2008 I Payment must be maived by 5:00 PM aal time on the payment due date. 000000 PM 32 A 0 DEBRA L BOLTON 464 W MAIN ST AT&T UNIVERSAL CARD WALNUT BOTTOM PA 17266-9762 P.O. BOX 182564 COLUMBUS, OH43218-2564 EXH IBIT ?F E 0 u d A N d C 3 3 O r ? ? o m a y ? G e V N `o ai ? ; w E x N a N V. 30 N0 0Y oro =O m u x - ua -) Q roi V X x ? ae 0 0 te 0 zw< r - 0 0 3 d 2W< zuIr • j HC O ` C C ir W N 1p N O m d a ° E c X X d y .L. X T s To ix Ea r r ) - >1 r o a' 3 0• o< Z O, T i ., EO U • N N y N > y? ? ? ? ? r N • VI ? C > ° x t+l ae x 3= c C d r't 02 v• .Q y - L ? ,a a N ~ ? - rl I O? 0 4 0 co o w 0 C an o Eo ' cr o? 3 ,o o d^ awa $ • di u r ,O ?•p, 7L = a rn .+ ? as ? c 3 O O • G T O +4 un. it o m N C E p N N O ? > A w ? a n z a o ix? `m u v c a E o Q n o 9 o 0 y aE ?; ^ m E N w o. N N ¢ ro> irn E 2 v, ¢ v m u w u v ma oQa Q N- ¢ N - 0 Yo > m u v W= CL Ir CL O 1 ..•, - k N 0 N Verification I Shauna Houpht4n 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 unsworn falsification to the authorities. 'r i 91 1 1'h' A? A --f- Signature Shsuru?l?ught ,; C-16275 Debra Bolton Account number ending in 3498 1000 noJryQoOH Sllu6le, vOH snustlE 25. o R IL) n r ct7 ? N?3 Q m C W a Q rn L mo L SHERIFF'S RETURN - REGULAR CASE NO: 2008-04827 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK (SOUTH DAKOTA) N A VS BOLTON DEBRA MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BOLTON DEBRA the DEFENDANT , at 0017:23 HOURS, on the 14th day of August 2008 at 464 WEST MAIN STREET WALNUT BOTTOM, PA 17266-9762 by handing to DEBRA BOLTON DEFENDANT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service flog Affidavit 9I 0? Surcharge Sworn and Subscibed to before me this of 18.00 20.00 .00 10.00 day So Answers: R. Thomas Kline 08/15/2008 /// , ? By: '7 BURTON NEIL & ASSOCIATES A. D. CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff V. DEBRA BOLTON 464 West Main Street Walnut Bottom PA 17266-9762 Defendant To the Prothonotary: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 084827 CIVIL TERM 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: $3,900.71 Principal Count II: $13,750.69 TOTAL $17,651.40 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unsworn 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 Relief Act of 2003 (SCRA), the defendant is not in the military service of the United States based on information received from the defendant and/or the Department of Defense website. JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN UNDER PA.R.CIV.P. 236 /s/ 1 l /, d'# 4 P '/?N b Pro Prothonotary O c" B on Neil As ciates, P.C. B _ B t J. Suttell, Esquire Attorney for Plaintiff I.D. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C-16275 CiTIBANK (SOUTH DAKOTA), N.A. Plaintiff V. DEBRA BOLTON Defendant IN THE COURT OF COMMON PLEAS C-16275 : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-4827 CIVIL TERM : CIVIL ACTION - LAW Notice of Intention to File Praecipe for Default Judgment TO: Debra Bolton 464 West Main Street Walnut Bottom PA 17266-9762 IlvI'PORTANT NOTICE 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 800-990-9108 DATE OF NOTICE: September 8, 2008 In making this communication, we advise our office is a debt collector. Burton Neil & Associates, P.C. By? Brit J. Su ll, Esquire Attorney for Plaintiff Identification No. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 "C7 FT; to _7 { Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 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. DEBRA BOLTON NO. 08-4827 CIVIL TERM 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 I kk Prothonotary By: S C. Deputy DrCI,s If you have any questions concerning the above, please contact: Brit J. Suttell, 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. I it O t 11LIt:Uul ... f143NOV 18 11: 5E. CUMBERLAND COUNT? PENNSYLVANIA Burton Neil &Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 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. 08-4827 CIVIL TERM DEBRA L BOLTON Defendant : CIVIL ACTION-LAW Praecipe to Satisfy Judgment To the Prothonotary: Mark the judgment Satisfied . Burton Neil &Associates, P.C. By: /1�ii ' rit J. Su 111, squire Attorney for laintiff This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. C-16217/318 SO/Dd 0,1A4 C9' ath, Cfr_,A- gY 3 I