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HomeMy WebLinkAbout08-6862Burton 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 CITI13ANK (SOUTH DAKOTA), N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES TOMEK : NO. 08 (p$(pa C,V i L -ct'. 839 Meadow Lane, Camp Hill PA 17011-1546 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-16570 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. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. JAMES TOMEK t?? 839 Meadow Lane, Camp Hill PA 17011-1546 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 James Tomek, who resides at 839 Meadow Lane, Camp Hill, 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. 4. Plaintiff furnished consumer credit to the defendant by means of a(n) AT&T Universal credit card with account number ending in 3708 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 $7,673.09 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 $7,673.09, and the costs of this action. Burton Neil & Associates, P.C. By: Bri . Suttell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. 0 at&t AT&T Universal Platinum Card Charter Member JAMES TOMEK Accounl?MI 3709 Calling Card + PIN November 12 - December 12, 2007 Quick Reference Minimum Payment Due ...................................... $9259.07 2009 3 Due Date ................................................. Januar , y "Payment must be received by 5:00 pm local time on the payment due dab. Amount Past Due ............................................... $1,693.49 Amount Over Limit ............................................ $1,459.07 Credit Line ............................................................. $7,800.00 Available Credit ..................................................... ....... $0.00 Cash Advance Limit ............................................. Available Cash Advance Limit .............................. $4,200.00 ...... $0.00 Account Summary Previous Balance 8 979.91 Pavment? and isiments _ 0.00 saacte?Card? Achwty 276.16 Total ATBT Services 0.00 New Balance $9,259.07 Note: Detailed activity starts on page 3. "\\Y date paid amount paid check # atl9 AT&T and the AT&T globe design are trademarks of AT&T Knowledge Ventures, licensed to Cltlgroup Inc Please follow payment instructions outlined In the "Important Instructions for Making Payments" section of the statement. 0 Yew Account Nalnber ?® 3708 Neas* Enter payment Do Data YawToW wiener NYdmen Amaullt Ow JAN 07 2008 $9256.0711 $9256-07 $ ISS MC 32 A 1 AR7052089 11/111111/III1111111111111111I11I1I1111111II1111IIII II /11111II JAMES TOMEK 839 MEADOW LN CAMP HILL PA 17011-1546 IIII/IIIIIIIIIIIII VIII1111111IIIIIIIIIIIII111/111/1 AT&T UNIVERSAL CARD P.O. BOX 18256 COLUMBUS, OH 43218-2564 IIILLIIIIIIIIILIIIIIIaIIIL11tIII1J11111111111111LIILJII AT&T Universal Card Page 1 o13 How To Reach Us Visit: www.universalcard.com Customer Service: 1-800-423-4343 or write Cardmember Services, PO Box 44167 Jacksonville, FL 32231-4167 Your late fee was based on your account balance as of the payment due date (12/06/07), which was $8,979.91. Help is availablel Please call the toll-free O number shown above to learn about our special payment options. Please give us the opportunity to assist you. (-/l EXHIBIT JAMES 3708 AT&T Universal Card Account November 12 - December 12, 2007 Page 2 of 3 In the return envelope, please: 1 Make your check payable to AT&T Universal Card. 2 Enclose your.check or money order. Include your account number and name on the front of your check or money order. Please, no cash or foreign currency. Enclose your payment coupon. Do not staple or tape it to your payment. Insert the payment coupon so that the entire AT&T Universal Card address appears through the window of your remittance envelope. ES Tnuuw Accoun 3709 November 12 - December 12, 2007 AT&T Universal Card Page 3 of 3 AT&T UNIVERSAL MASTERCARD ACTIVITY Purchases ............................................................................................................................................................... 237.16 Cash Advances and Checks .................................................................................................................................... 0.00 Fees .......................................................................................................................................................................... 39.00 Total MasterCard Activity ................................................................................................................................. $276.16 PURCHASES Total MasterCard Purchases ....................... ...................... $237.16 Standard Purch Trans Poet Description Amount 12112 PURCHASES•FINANCE CHARGE*PERIOD 237.16 Total Standard Purch $237.16 CASH ADVANCES Cash Advance Limit ....................................... $4,200.00' This represents a portion of your total credit line. FINANCE CHARGE INFORMATION Days In Balance Periodic Transaction ANNUAL, Nominal Periodic x Billing x subject to = FINANCE + Fee/ElIAM PERCENTAGE APR Rate Period Finance Charge CjfAW SHAM RM PURCHASES Standard Purch 31.730% .09693%(D) x 30 x $9,094.02 = $237.16 + $0.00 31.730% CASH ADVANCES Standard Adv 31.730% .06693%(D) x 30 x $0.00 = $0.00 + $0.00 31.730% Total FINANCE CHARGE _ $237.16 FEES Standard Purch Trans Post Des&ption Amount 12112 LATE FEE - NOV PAYMENT PAST DUE 39.00 Total Fees $39.00 AT&T SERVICES SUMMARY AT&T Universal Calling Card Calls ................................................................................................................... $0.00 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 unsworn falsification to the authorities. 4- L101i ??? Signature C-16570 James Tomek Account number ending in 3708 1000 ? rn ?_ .G ?, F we 00 _., 6 a . SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06862 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS TOMEK JAMES R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT TOMEK JAMES but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE the within named DEFENDANT 839 MEADOW LANE CAMP HILL, PA 17011-1546 , TOMEK JAMES NOT FOUND , as to DESPITE NUMEROUS ATTEMPTS AT SERVICE, THE PAPER EXPIRED BEFORE SERVICE WAS MADE. Sheriff's Costs: So answers--° Docketing 18.00 Service 10.80 Affidavit .00 R. Th as Kline Surcharge 10.00 Sheriff of erland County Not Found 5.00 ?b-Z/©9 4- 43.80 BURTON NEIL & ASSOCIATES 12/23/2008 Sworn and Subscribed to before me this day of A. D. 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. V. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES TOMEK NO. 08-6862 CIVIL TERM 839 Meadow Lane, Camp Hill PA 170111546 Defendant : CIVIL ACTION - LAW Praecipe to Reinstate To the Prothonotary: Please reinstate the Complaint. Burton Neil & Associates, P.C. By: Brit . Suttell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-16570 _ _71 r? SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06862 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS TOMEK JAMES R THOMAS KLINE Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT TOMEK JAMES but was unable to locate Him in his bailiwick. COMPLAINT & NOTICE , He therefore returns the NOT FOUND , as to the within named DEFENDANT 839 MEADOW LANE TOMEK JAMES CAMP HILL, PA 17011-1546 DESPITE NUMEROUS ATTEMPTS, PAPER EXPIRED PRIOR TO SERVICE. Sheriff's Costs: Docketing Service Not Found Surcharge So answer,,.: 18.00 64.80 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 97.80 BURTON NEIL & ASSOCIATES 03/09/2009 Sworn and Subscribed to before me this day of A. D. © J C17) _D U. k, LL B t i t :- l.-w U. C? C= Q 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. 08-6862 CIVIL TERM JAMES TOMEK 839 Meadow Lane, Camp Hill Pa 17011-1546 Defendant : CIVIL ACTION - LAW Praecipe to Reinstate To the Prothonotary: Please reinstate the Complaint. Burton Neil & Associates, P.C. By: Brit/. Suttell, Esquire Atto ey for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-16570 (i) A(_??'?.1i? iv THE F'' ATE ' r?!i Y 2009 Mrs? IS Ali 11: 4 5 *I O •oo Po AMY ct;* BS I `? eTj*, as saso Sheriffs Office of Cumberland County R Thomas Kline ,'xr at Q1111tbrr1?d Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE Or THE s aIrr Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/10/2009 08:16 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, sta es that on June 10, 2009 at 1626 hours, she served a true copy of the within Complaint and Notice, upon he within namec defendant, to wit: James Tomek, by making known unto himself personally, defendant at 39 Meadow Lane Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same ti a handing to him personally the said true and correct copy of the same. SHERIFF COST: $68.50 June 11, 2009 SO ANSWERS, R THOMAS KLINE, S RIFF 2008-6862 Citibank V James Tomek 0 C Z_.. c c I ?- N virt ?tt .;5 M W -'C lD I CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff V. JAMES TOMEK 839 Meadow Lane Camp Hill Pa 17011-1546 Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6862 CIVIL TERM CIVIL ACTION - LAW Praecipe for Default Judgment To the Prothonotary: 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: TOTAL $7,673.09 $7,673.09 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. f., JUDGMENT BY DEFAULT ENTERED Bu n AND DAMAGES ASSESSED AS ABOVE.; NOTICILGIVE! N_ NDM PA.R.CIV.P. 236 By. Prd ProthonoTa-f-y 7,.%9 The law firm of Burton Neil & Associates is a debt collector. P.C. EdwaW.. O'Brien, Esquire Attorney for Plaintiff I.D. NO. 32985 1060 Andrew Drive, Suite 170 West Chester, PA 19380 C-16570 C-16570 CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. JAMES TOMEK Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-6862 CIVIL TERM : CIVIL ACTION - LAW Notice of Intention to File Pmecipe for Default Judgment TO: James Tomek 839 Meadow Lane Camp Hill Pa 17011-1546 IMPORTANT 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: July 2, 2009 In making this communication, we advise our office is a debt collector. P.C. EdwY'0 ,Esquire Attorney fo Maintiff Identification No. 32985 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 FtLEU-OFFIHC?t! OF THE MrHONIIOTARY 2009 JUL 20 PM l; 08 PE YLVA M 414-00 P o OT1', Cat 5t,?t3 ?,? daatg5 I? C,A.laouo-cl I Burton Neil & Associates, P.C. By: Edward J. O'Brien, Esquire ID. NO. 32985 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. JAMES TOMEK NO. 08-6862 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 7LAD &I 4ot n By : Deputy If you have any questions concerning the above, please contact: Edward J. O'Brien, 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.