HomeMy WebLinkAbout10-2469FLT
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2010 AF ; - P 2:
Burton Neil & Associates, P.C.
By: Derek C. Blasker, Esquire ID. NO. 202150
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
JASON A KNIGHT : NO. 10 - a,?(? ??V?? ?P?1"T1r1
3 Lois Lane, Mechanicsburg PA 170503633
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 OS
Telephone No. 717-249-3166 or 800-990-9108 04_oo PO ATr/
C-30351 00 rIA03
e*
Burton Neil & Associates, P.C.
By: Derek C. Blasker, Esquire ID. NO. 202150
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
701 East 60th Street N
Sioux Falls, SD 57117
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO.
JASON A KNIGHT
3 Lois Lane, Mechanicsburg PA 170503633
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 Jason A Knight, who resides at 3 Lois Lane, Mechanicsburg,
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 3928 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 $2,257.69 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 $2,257.69, and
the costs of this action.
Burton
By:
Blasker, Esquire
for Plaintiff
The law firm of Burton Neil & Associates, P.C. is a debt collector.
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dn[e pao antova pai l (ne tt k oetlch and follow payment instructions on ravers.
Maka1Mckpayab1et.:C1tl Cards
Total New Balance:
52,257.69
Minimum Amount Due:
$2,257.69
Payment Due Date:
09/04/2009
000000 MC 32 A 0
JASON A KNIGHT
3 LOIS LN
M ECHAN ICSBURG PA 17050-3633
Account Number:
3928
L
moan osed
:
Payment must be received by 5:00 PM
local time on the payment due date.
CITI CARDS
P.O. BOX 182564
COLUMBUS, OH 4 3 21 8-2 564
EXHIBIT A-
Verification it] 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.
f
Signature
C-30351
Jason A Knight
Account number ending in 3928
1000
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 10-2469 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due CITIBANK (SOUTH DAKOTA), N.A., Plaintiff (s)
From JASON A. KNIGHT, 3 LOIS LANE, MECHANICSBURG, PA 17050
(1) You are directed to levy upon the property of the defendant (s)and to sell
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
METRO BANK, 65 ASHLAND AVENUE, CARLISLE, PA 17013
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $2,257.69 L.L. $.50
Interest FROM 6/10/2010 - $237.57
Atty's Comm % Due Prothy $2.25
Arty Paid $174.50 Other Costs
Plaintiff Paid
Date: 2/9/12
David D. Buell, Prothonotary
(Seal)
Deputy
REQUESTING PARTY:
Name DEREK C. BLASKER, ESQUIRE
Address: BURTON NEIL & ASSOCIATES, P.C.
1060 ANDREW DRIVE, SUITE 170
WEST CHESTER, PA 19380
Attorney for: PLAINTIFF
Telephone: 610-696-2120
Supreme Court ID No.
PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT)
Pa.R.C.P. § 3103 to 3149
CITIBANK (SOUTH DAKOTA), N.A.
Citibank South Dakota, Sioux Falls SD 57117
Plaintiff
V.
JASON A KNIGHT
3 Lois Lane, Mechanicsburg PA 17050-3633
Defendant(s)
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010-2469
METRO BANK
65 Ashland Avenue, Carlisle, PA 17013
r-nm
Garnishee(s) : CIVIL ACTION - LAW
cty?
To the Prothonotary: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER ?
1. Directed to the Sheriff of Cumberland County, Pennsylvania Zo
2. against JASON A KNIGHT , Defendant(
3. and against METRO BANK , Garnishee(s)
4. and index this writ
(a) against
(b) against
Defendant(s)
Garnishee(s)
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as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows:
(specifically describe property)
NO LEVY - GARNISHMENT ONLY
Serve interrogatories on garnishee at: 65
venue, Carlisle, PA 17013
5. Amount Due $2,257.69
Interest from 6/10/2010 $237,.57
Total $2,495.26*
*Plus writ costs
Dated: February 2, 2012
Derek C. er, Esquire
Attorney for Pl ' tiff
NOTE: Under paragraph 1 when the writ is directed to sheriff of another county as authorized by Rule 3103(b), the county should be
indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued.
Paragraph 3 above should be completed only if indexing of the execution in the county of issuance is desired as authorized by Rule
3104(a). When the writ issued to another county indexing is required as of course in that county. See Rule 3104(b). Paragraph 4(b) should
be completed only if real property in the name of the garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c).
The firm of Burton Neil & Associates, P.C. is attempting to collect a debt.
C-30351 0
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
PROTHONOTAR'r
2012 FEB 13 PM 2: 2 B
Richard W Stewart
Solicitor
OF' _;F ' f r = SHERIFF
CUMBERLAND COUNTY
PENNSYLVANIA
Citibank (South Dakota) N.A. Case Number
vs.
Jason A. Knight 2010-2469
SHERIFF'S RETURN OF SERVICE
02/10/2012 02:58 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on February
10, 2012 at 1500 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and
monies of the within named defendant, to wit: Jason A. Knight, in the hands, possession, or control of the
within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania,
17013 by handing to Darijo Celikovic, personally three copies of interrogatories together with three true and
attested copies of the writ of execution and made the contents there of known to him/her.
The writ of execution and notice to defendant was mailed on February 13, 2012 to Jason A. Knight at 3 Lois
Lane, Mechanicsburg, PA 17050-3633.
SO ANSWERS,
February 13, 2012 RON R ANDERSON, SHERIFF
Willlam T. Cline, Deputy
jC) Coun`ySuite Sheriff. Ieieaeoft. In;.
Burton Neil & Associates, P.C.
By: Derek C. Blasker, Esquire ID. NO. 202150
1060 Andrew Drive, Suite 170
West Chester, PA 19380
610-696-2120
Attorney for Plaintiff
CITIBANK (SOUTH DAKOTA), N.A.
Plaintiff
V.
JASON A KNIGHT
3 Lois Lane, Mechanicsburg PA 17050-3633
Defendant(s)
METRO BANK
Garnishee
To: METRO BANK
` tL?_ -OFFICE
' i J' EE 'U 7'!CF?d
1t)!2 FEB 23 Pty 2: 22
r;tlyDERLAND CQDyTY
PENNS YLY,Q OU
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2010-2469
CIVIL ACTION -LAW
65 Ashland Avenue, Carlisle, PA 17013
SLO?
Interrogatories to Garnishee
You are required toile answers to the following interrogatories within twenty (20) days
after service upon you. Failure to do so may result in judgment against you:
1. At the time you were served or at any subsequent time did you owe the defendant any
money or were you liable to the defendant or any negotiable or other written instrument, or did the
defendant claim that you owed the defendant any money or were liable to the defendant for any
reason? Defendant has acccount xxxxx0525 with a balance of $2.96.
2. At the time you were served or at any subsequent time was there in your possession,
custody or control or in the joint possession, custody or control of yourself and one or more other
persons any property of any nature owed solely or in part by the defendant?
no
3. If the answer to 1 and/or 2 is yes, please specify the nature of the property and, if money,
the amount?
4. At the time you were served or at any subsequent time did you hold legal title to any
property of any nature owned solely or in part by the defendant or in which defendant held or
claimed any interest?
no
5. At the time you were served or at any subsequent time did you hold as fiduciary any
property in which defendant had an interest?
no
6. At any time before or after you were served did the defendant transfer or deliver any
property to you or any person or place pursuant to your direction or consent and if so what was the
consideration therefor?
no
7. At any time after you were served did you pay, transfer or deliver any money or property
to the defendant or to any person or place pursuant to the defendant's direction or otherwise
discharge any claim of the defendant against you?
no
8. if you are a bank or other financial institution, at the time you were served or at any
subsequent time did the defendant have funds on deposit in an account in which funds are
deposited electronically on a recurring basis and which are identified as being funds that upon
deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so,
identify each account and state the reason for the exemption, the amount being withheld under each
exemption and the entity electronically depositing those funds on a recurring basis.
Not to the knowledge of Metro bank
9. If you are a bank or other financial institution, at the time you were served or at any
subsequent time did the defendant have funds on deposit in an account in which funds on deposit,
not including any otherwise exempt funds, did not exceed the amount of the general monetary
exemption under 42 Pa.C.S. § 8123? If so, identify each account:.
r
By:
eil & Associates, P.C.
Blasker, Esquire
The firm of Burton Neil & Associates, P.C. is attempting to collect a debt.
VERIFICATION
The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating
to unsworn falsifications to authorities, that he/she is Jennifer Hilbish
(Name)
Levy Specialist of Metro Bank, garnishee herein,
(Title) (Company)
that he/she duly authorized to make this verification, and that the facts set forth in the foregoing
Answers to Interrogatories are true and correct to the best of his/her knowledge, information and
belief.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
,ny R Anderson
ieriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
?4ti?yY15? Sit 1. i#tf7 Pa??.f ?
s?ct4i? --
2012 FEB 28 AM 8: ) 2
CUMBERLAND COU
PENNSYLVANIA
Citibank (South Dakota) N.A. Case Number
vs.
Jason A. Knight 2010-2469
SHERIFF'S RETURN OF SERVICE
02/10/2012 02:58 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on February
10, 2012 at 1500 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and
monies of the within named defendant, to wit: Jason A. Knight, in the hands, possession, or control of the
within named garnishee, Metro Bank, 65 Ashland Avenue, Carlisle, Cumberland County, Pennsylvania,
17013 by handing to Darijo Celikovic, personally' three copies of interrogatories together with three true
and attested copies of the writ of execution and made the contents there of known to him/her.
The writ of execution and notice to defendant was mailed on February 13, 2012 to Jason A. Knight at 3
Lois Lane, Mechanicsburg, PA 17050-3633.
02/27/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is
returned as STAYED per request of plaintiffs attorney.
SHERIFF COST: $88.84 SO ANSWERS,
?r
February 27, 2012 RON R ANDERSON, SHERIFF
Az 1
2 12 MAR - I PM 3: 02
CUMBERLAND COUNTY
PENNSYLVANIA
Burton Neil & Associates, P.C.
By: Derek C. Blasker, Esquire ID. NO. 202150
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. CUMBERLAND COUNTY, PENNSYLVANIA
JASON A KNIGHT
Defendant NO. 2010-2469
and
METRO BANK
Garnishee : CIVIL ACTION - LAW
Praecipe to Dissolve Attachment
To the Prothonotary:
Dissolve the attachment against METRO BANK, garnishee.
& Associates, P.C.
By:
De . Blasker, Esquire
Attorney for Plaintiff
The law firm of Burton Neil & Associates is a debt collector.
C-30351
'e-0 1:201 *74
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