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Home My WebLink About09-8137Burton 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 Plaintiff V. JEFFREY L O DONNELL 7 Birch Street, Enola Pa 17025-2703 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Ott - 8137 C,v??"-lecn^ 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-26970 Burton Neil & Associates, P.C. By: Yale D. Weinstein Esquire ID. NO. 89678 7 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. JEFFREY L O DONNELL 7 Birch Street, Enola Pa 17025-2703 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. -7 c- : 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 Jeffrey L O'Donnell, who resides at 7 Birch Street, Enola, 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 credit card with account number ending in 0778 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. fr 8. Defendant's actions as set forth above constituted an account stated between parties for the sum of $19,501.61 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 $19,501.61, and the costs of this action. 7 Nei ssociates, P.C. ale . , sq Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a ?eof collector. A .A. 06/08/09 $19501.61 $19501.61 SITE:KC-CL CITI CARDS PO BOX 183051 JEFFREY L 0 DONNELL COLUMBUS, OH 7 BIRCH ST 43218-3051 ENOLA PA 17025-2703000 TM:CO-5000 ACID:IRB0001 06/26/09 21:18:09: , / /,_) ) 0? 1_? IL ?' * C ti Citi Divid end Platinu m Select Card Aao 0778 • Customer Servke• 1-800-756-4000 Total Credit Line Available Credit Line Cash Advance Limit Available Cash Limit New Balance $18420 $0 $1500 $0 $19501.61 BOX 6500 SIOUX FALLS, SD Statement/ Closin Date 2 Amount Over Credit Line Past Due Purch/Adv Due Inimum Minimum Amount Due 57117 05/14/ 09 $1081.61 $2559.00 292.00 $19501.61 Sale Date Post Date Reference Number Activity Since Last Statement Amount Citi cares about our relationship with you. In light of the current economic conditions, we have waived interest and late fee if applicable this month, saving you $268.52. Unless a sufficient payment is made, your account will charge off at the end of this billing period. "Charge-off' results in a derogatory remark being entered on your credit bureau report. Citi Account Resolution is here to help. We can work with you to find a payment solution that makes sense. Please call 1-866-936-4813. Reminder: You take a cash advance if you use a cash convenience check; get money through an automated teller machine (ATM); or get money through home banking or a financial institution. You also take a cash advance if you make a wire transfer; buy a money order, traveler's check, lottery ticket, casino chip, or similar item; or engage in a similar transaction. Each Cash Advance is subject to a one-time transaction fee described in your Card Agreement. This fee will cause your Annual Percentage Rate to exceed the nominal Annual Percentage Rate listed on this statement. 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 (+) FINANCE = New Balance & Advances & Credits CHARGE Balance PURCHASES $19,501.61 0.00 0.00 0.00 $19,501.61 ADVANCES $0.00 0.00 1 0.00 1 0.00 1 $0.00 TOTAL $19,501.61 0.00 0.00 0.00 $19,501.61 Days This Billing Period: 30 Rate Summary tsaiance suDject to Periodic Nominal ANNUAL Finance Charge Rate APR PERCENTAGE RATE PURCHASES Standard Purch $0.00 0.03901%(D) 14.240% 14.240% ADVANCES Standard Adv $0.00 0.05477%(D) 19.990% 19.990% Verification Lenla Phenix I, , am employed by Citicorp Credit Services, Inc. (USA) (hereafter CCSI), a subsidiary of plaintiff, Citibank (South Dakota), N.A. CCSI is a service provider for plaintiff in that it services credit card accounts owned by plaintiff. I am authorized to make this verification on behalf of plaintiff. The statements of facts set forth in the complaint are true and correct upon my information and belief and are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Si e C-26970 Jeffrey L O Donnell Account number ending in 0778 1000 0 FILED-C)FFICE 0'-- THE FnIC?'ONOTARY 2009 NOY 23 Pfd 1: 51 lLi UINTY CUPS $qg. 5o p o ATT'f co- (o4-,594 e a3gocQ s . r ~ r Burton Neil & Associates, .C. By: Neil Sarker, Esquire I . N0.203465 1060 Andrew Drive, Suite 70 West Chester, PA 19380 Telephone: 610-696-2120 CITIBANK (SOUTH v. JEFFREY L O DONNELL ~~~r~ ~!_ i l ~ r ~ .. ~~ n ~~ 2~1~ is ' ~' `,' ,~ 4:. ~. ~ ~ ~ t i it..' ~ _ PMl2%b5 ~,, )TA), N.A. IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8137-CNIL TERM Defendant :CIVIL ACTION -LAW for Entry of Judgment on Stipulation To the Prothonotary: Pursuant to the defendant, enter against the defendant, plus costs. set forth in the attached agreement between the plaintiff and on behalf of the plaintiff, CITIBANK (SOUTH DAKOTA), N.A., and L O DONNELL and assess damages in the sum of $19,621.61, Burton Neil & Associates By: Neil Sarker, Esquire Attorneys for Plaintiff And now, this I~ CITIBANK (SOUTH D th sum of $19,621.61, day of , 201b ,judgment is entered on behalf of the plaintiff, A), N.A. and against the defendant, JEFFREY L O DONNELL, in costs. Pro onotary of CUMBERLAND County D The law firm of Burton 1\ eil & Associates is a debt collector. $ I~.00 P O ATT^~ C~ ~g5s0 ~ a45y3 f Jun. 25. 2010 6:28PM ~'URTON NEIL & ASSOC BY: Neil Sarkcr, Bsquire Identification No. 203465 1060 Amdrew Drive, Suite Woat Chester, PA 193 $d dI0-696-212Q Attorney for l~laintii`f CITIBA.1~~ (84'CJTkI DAK Barton Neil & Assoc, b106964111 iATES, P.C. .7a No. 4206 P. 2/5 OTA) N.A. ;IN'1'I-IE COII'RT OF CUMMON PLEAS :CiJ1V1$F~RL:AND COtJN'1'~, pBNNSYLVANIA ~'S, ]fiFFRfiY L, :NO.09-8137-Civil Term :CIVIL ACTION - Le4,1~ SETTLEMENT A,1 This Settlement E (hereinafter referred to as and Defendant Joffrey L. WHEREAS, 90/Z0 3~Jt/d tEEMENT '+~VxT~Y BTIPULAI"IpN FUR ENTRY QF JUDGMENT anent is made by azid between Plaintiff Citf bank (5auth Dakota} N.A. ~itibark'~ by' and tluaugh its respective duly authorized and appointed agent Dn~sll (ltetelna~et re~rred to as "0'Donnell'~. WI'TNES9BTH ~c Bled $ civil action against O'Do~ell (hereafter, the "Litigadon"), seeking HS071J~d-S~31H13Q 60EZ9L6LZL EZ:TZ 0T0Z/0E/90 Jun. 25. 2010 6:28PM Burton Neil & Assoc. 6106964111 No, 4206 P, 3/5 to recover from him the $19,621,61 (heraafterthe 07~'$ (hereafter the "Acct WREAS, 0'D #o pay the samo in fltll im SAS, the and in the manner set forth NOW, the parties he~rato, 1. Yt is agreed 0 settlement in full of the 30~' of each month beai Dakota) N.A, and are to be larive, Suite 170, West Chi Z. To secure Q'13o~a permitted to enter Judgmen lntereRt wiA accrue at 6% p 3.'~ult" as defi~ required payment due beret agreement for any reason b; 4.0'~ionnell shall h Principal sum of $19,501.61 and court costs of ~120.QU for a total of fur &ilure to pay his account bearing account number ending in ackaraowledges his vbligatiots to pay plaintiff the balance but is not able teiy; and hereto desire to resolve the Lztagation without further legal p:vooadiugs in ooasidamtlor~ oitthe matual covenants and conditions herein contained, intending to be legally bound hereby, agree as follow;: nail shall be permitted to pay the settlement balance of $7,800.00 as Ice as follows: twelve (12) payments of $650.00. Payments are due on the with Jtwe 30, 2010. All payments are to made payable to Citibank (8ou~tlr ant to Citibank's counsel, Burton Neil ~ Associates, P.C. at 1060 Andrew PA 19380. tell' payment, it is further understood and that Citibank shell be against O'Donnell under this agreement for thus of X19,621.61. ~ annum from the date of the judgment. ed herein shall mean any of the following: O'Donneil's failure to make a nder by the due date or the dishonor of any check tanderod endear this any bazak or other fuiancial institution. a one time only grace /curt period often (10) days with respect to any 90/60 3SGd rtryti~ HSO?i~d-Sd3~H13Q 60EZ9L6LIt 6Z ~ TZ 0i0Z/0E/90 i Ju~.25. 2010 6:2$PNl Burton Neil & Assoc, 6106964111 No, 4206 P. 4/h one payment from the date pf notice as set forth below. in the e~rent of default as defined in Paragraph 3 above, and before Citibaulc may flle execuutioa, it shall first be required to give writtcm notice of default and opportunity to cure sai~ default by first class mail to Q'Donnell's couzsael Michael J, Pykogh, wire at his address of re .'The notioe shall indicate that a default had taken plane and give Q'Zlonm-oll a period often ( 4) days dam the date of tlae ztotfce to acre the dethult by making the zequired payment. Tf O'17rn shall therea~er be free to Fi for auy payments made on a enforce and odllact the judg S. So long as O'1~o1 the judgment to be entered 6. Upon reaoipt and in paragraph l of this AgreE ty'Donnell has not defaulter O'Dvnnell's aounsal. 7, This Settlement ~ governed by the laws of the 8. 'Y"his Settlement ~brce and effect of an origin 9, No provislan of tl does not Wore the default by~the er~d oftee ten day Dore period, Citibank execution, an the judgment provided for under this Agreement, lei credit and to employ any reurnedies available to it het~ader and at law to pays in accord wlth this Agreement, Citibaxalc will trot file execution on this Agreement. of the final installment of the settlement balance due (as set forth in accordance with the tortno of this Agi~eement and provided Citibank will file a Praecipe to Satisfy Judgmaottt ~ provide a copy tv and Stipulation for Entry of lodgment is made under and is to be Commonwealth of Fermsylvania, is beimg made iti three oounterFarts, each of which sha11 have the agreement shell be uxtorpreted against any party becxtuse such party ar its 90/tr0 39tid r~ti~ HSONAd-Sd3~H13Q 60EZBL6LTL EZ~TZ OtOZ/0E/90 Ju~.25. 2010 6:28PM ~ Burton Neil & Assoc, b106464111 No. 4206 P. 5/5 legal representative appears below is duly 10, For the such provision and each party warrants the representative whose signature to sign this agreement. of this stipulation and due to the exigencies of tune for its filing, a facsimile signature shall h ve the same force and effect as an original signature. IN WITNESS R~OIa, INTENDING TO BE LEGALLY' BOYJND HEREBY, the parties hereto have entered into 's Settlement Agreement on the date first appearing below. ~o//O Date 3~- /~ Date BURTON NEIL 8c ASSOCIATES, , By: Neil Barker, Esquire Attorney for Plaintiff 1060 Andrew Drive, Suite 170 West Chester, PA 193$0 {610) 696-2120 ~ ~~~ L. 4'Dannell S3efer~dant NQTICE; Iz~ making this communication, we advise our office is a debt collector. Burton Neil & Associates, P.C. By: Neil Sarker, Esquire D. N0.203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 ATTORNEY FOR: Plaint' CITIBANK (SOUTH DA OTA), N.A. Plaintiff v. JEFFREY L O Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8137-CNIL TERM CNIL ACTION -LAW Rule of Civil Procedure N0.236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you If you have any 9 Prothonotary By: ep concerning the above, please contact: Neil Sarker, 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. Burton Neil & Associate , P.C. By: Neil Sarker, Esquire . N0.203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorne for Plaintiff CITIBANK (SOUTH D OTA), N.A. 701 East 60th Street N, Si ux Falls, SD 57117 v. JEFFREY L O DONN 7 Birch Street Enola PA 17025-2703 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8137-CNIL TERM CNIL ACTION -LAW Certification of Address Understanding th t false statements herein are subject to penalty under 18 Pa. C.S. Section 4904 relating to unswo falsification to authorities, I verify that the above are the precise last- known addresses of the judgment creditor and debtor. Burton Neil & Associates, By: Neil Sarker, Esquire Attorney for Plaintiff The law firm of Burton 1`~1ei1 & Associates is a debt collector. Burton Neil & Associate , P.C. By: Neil Sarker, Esquire D. N0.203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH Plaintiff v. JEFFREY L O DONr Defendant 'A), N.A. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8137-CIVIL TERM CNIL ACTION -LAW Affidavit of Non-Military Understanding 4904 relating to of the Servicemembers service of the United t false statements herein are subject to penalty under 18 Pa. C.S. Section falsification to authorities, I verify that pursuant to Section 201(b)(1)(A) Relief Act of 2003 (SCRA) the defendant is not in the military based on information received from the defendant and/or the Department of Defense v~ebsite. Burton Neil & Associates, P.C. By: Neil Sarker, Esquire Attorney for Plaintiff The law firm of Burton 1\ eil & Associates is a debt collector. FILED-OFFICE ?! THE PROTH0?1?tjVAR'i, 2911 JUN 16 AM 11: v 7 CIUMBERLAND COUNTY PENNSYLV HI Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 203465 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 V. JEFFREY L O DONNELL Defendant : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8137-CIVIL TERM CIVIL ACTION - LAW Praecipe to Satisfy Judgment To the Prothonotary: Mark the judgment Satisfied. Burton Neil & Associates, P.C. By: Neil Sarker, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. I C./, 06 Pk '?#y C-26970 J0 y? a? 0(003