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HomeMy WebLinkAbout09-8820Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348 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 JAMES BIDDINGTON NO. OQ 105 Marbeth Avenue, Carlisle Pa 17013-1626 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-20964 Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348 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. JAMES BIDDINGTON 105 Marbeth Avenue, Carlisle Pa 17013-1626 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O ? ` 6 j, -? clM 00 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 Biddington, who resides at 105 Marbeth Avenue, Carlisle, 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 ending in 9913 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 $4,344.67 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 on Count I for the sum of $4,344.67, 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 ending in 3259 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 $2,364.96 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 on Count II for the sum of $2,364.96, and the costs of this action. Burton Neif &Xssociakas, P.C. Burton Neil, Es`q' 'ire- Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. ti 12/22/08 $4344.67 $4344.67 SITE:KC-CL TM:CO-5000 ACID:KCB0217 iza=_aisi<=_?_?= =::ice:: re€s _:raao ====si;E 01/20/09 23:05:45: CITI CARDS PO BOX 183068 JAMES BIDDINGTON COLUMBUS, OH 105 MARBETH AVE 43218-3068 CARLISLE PA 17013-1626000 / V Citi"' Platinum Select" Card C tie 9913 Customer Se r. 1-800-950-5114 Total Credit Line Available Credit Line Cash Advance Limit Available Cash Limit New Balance $3760 $0 $1300 $0 $4344.67 BOX 6500 Statement/ Amount Over Purch/Adv Minimum SIOUX FALLS, SD Closin Date x Credit Line Past Due Minimum Due Amount Due 57117 11/26/20 08 $584.67 $912.27 $180.00 $4344.67 Standard Purch 11/26 LATE FEE - OCT PAYMENT PAST DUE 39.00 66 0000 0000000000 11/26 PURCHASES*FINANCE CHARGE*PERIODIC RATE 98.00 84 0000 0000000000 Your late fee was based on your account balance as of the payment due date (11/24/08), which was $4,207.67. 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. Contact us today - we can help. Go online at: www.paymentsolutions.citicaras.com to login or register. EXHIBI Account Summary Previous (+) Purchases (-) Payments (+) FINANCE (=) New Balance & Advances & Credits CHARGE Balance PURCHASES $4,207.67 $39.00 0.00 $98.00 $4,344.67 ADVANCES $0.00 $0.00 0.00 1 $0.00 $0.00 TOTAL $4,207.67 $39.00 0.00 $98.00 $4,344.67 Day s This Billing Period: 29 Rate Summary Balance Subject to Periodic Nomina ANNUAL Finance Charge Rate APR PERCENTAGE RATE PURCHASES Standard Purch $4,254.79 0.07942%(D) 28.990% 28.990% ADVANCES Standard Adv $0.00 0.07942%(D) 28.990% 28.990% OD N N to C in C N ON Oo ?o 0 ? uo N ?0 J Y W vL ry ? O u) 0? €?+ 0 ;$x7 t_ S? 0m4M firm N x3 ? 4° g ' N r Y J O • N U Z m `_ ? W _ t7 G? {f C 7 < • < fO < O Y 7 yO N u > <Z ? 8 .$ 0 %0 %0 0 (A ?? 0 0 ? a fh ? N + `0 M N p if> <a n = I Total New Balance: :2.Ba4.t16 Minimum Amount Due; $2.3M AG Payment Due Date: 01/63/2009 000000 MC 32 A 0 JAMES BIDDINGTON 105 MARBETH AVE CARLISLE PA 17013-1626 Y W Y T! '1 11 61 h ?' O P ry <yWL O L=F N N Q; ? .]O1 yn? V O V i, O. O T N O N og 0 0 0 ,y? O O O O O O EC d O O O O O O a O O N O N O O O A ? A N N N y N w N C '6 b ? Y N Q A V q /? 7 O N`?`?I 1 H < ,j O O O O O N O N ~ V H C OI N N I?o3 E?oa+ N D V C A p d cr d a?C 42, C n) O E N - ?' CN V7?Nin V w 9 r d? W N Mm.Eo ,_, . E a e ?v Dj d`?ao U) y C J JE '? N D n3 d C O y W O"'C Y d u d 7 d d L a > 1J V 7. a A M o m < ? ? ? d? N??? JA H Z. Q V Q >0 ON O 1-0 00: f MCL a ?_ 0.4-h ow PAI.w Few"d kmtrusu"m m rc.aPaa make dock p"ame totiti Cards Account bar: 259 Amount Enclosed: Payment must b ncanrW ay 5A0 PM local tkne on to paymcM au, Data. CITI CARDS P.O. BOX 182564 COLUMBUS, OH 43218-2564 EXHIBIT \6 Verification I, am employed by Citicorp Credit Services, Inc. (USA) (hereafter C SI), 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. Signature C-21463 James Biddington Account number ending in 3259 1000 ( D4? - ' •??ii+??Y 1C'+Dr? f.3 FIB t•„? `r f-t • - -?V41 492 .ov7LL eK--d L7/4,9 / ice- as svi? SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff °?`?ttr of 61411ji?t}ty RLID MM Ronny R Anderson Chief Deputy 2810 JAN -6 AM 8: 45 Jody S Smith Civil Process Sergeant Edward L Schorpp _ Solicitor Citibank (South Dakota) N.A. Case Number vs. James J. Biddington 2009-8820 SHERIFF'S RETURN OF SERVICE 12/29/2009 06:10 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 29, 2009 at 1810 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: James J. Biddington, by making known unto himself personally, at 105 Marbeth Avenue, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 December 30, 2009 SO ANSWERS, ir?V'srlir?? ?? R THOMAS KLI HERIFF Dern4ty Sheriff (oi Coun!ySuite Sheriff. Teleosoft. Inc. CITIBANK (SOUTH DAKOTA), N.A. IN THE COURT OF COMMON PLEAS 701 East 60th Street N, Sioux Falls, SD 571 l 7 Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA N_ V. ~ o ~ -;,,.. NO. 09-8820 ~' `-~' :~: ~' ~ ~~' r JAMES BIDDINGTON __ ~- r7 l OS Marbeth Avenue ~==-' c~ ,-' `~~ Carlisle PA 17013-1626 `~'_ ~.,, --' Y-` Defendant :CIVIL ACTION -LAW ==~<_~; ..- ~ . _ ==~ ''c:, `~ rra F tv Praecipe for Default Judgment c ~ 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 Count I: $4,344.67 Principal Count II: $2,364.96 TOTAL $6,709.63 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. NO((T~~ICE11GIVEN UNDER PA.R.CIV.P. 236 _I~J~ Pro Prothonotary B Neil ssociates, P.C. By: a .O'Brien, Esquire Attorney for Plaintiff I.D. N0.32985 1060 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C-20964 ~I~}.oo P~ ATN e~,* (~R (. ~l ~{ R.T~ a3~7~f I ~kke~. I.~IaA.~ CTTIBANK (SOUTH DAKOTA), N.A. Plaintiff v. JAMES BIDDINGTON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.09-8820 CIVIL ACTION -LAW Notice of Intention to File Praecipe for Default Judgment TO: James Biddington 105 Macbeth Avenue Carlisle PA 1'7013-1626 IMPORTANT NOTICE C-20964 You are in default because you have failed to enter a written appearance personalty 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 (20) 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: January 26, 20I 0 In making this communication, we advise our office is a debt collector. Bu n Neil ciates, P.G. By: E rd . O' ien, Esquire Attorney for Plaintiff Identification No. 32985 1060 Andrew Drive, Suite 170 West Chester, PA 19380 {610}696-2120 Burton Neil & Associates, P.C. By: Edward J. O'Brien, Esquire ID. N0.32985 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff v. JAMES BIDDINGTON Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8820 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 on al i8 ~~o Prothonotary 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.