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HomeMy WebLinkAbout10-5563 10 AUG 2S PM 3: 0 DAp?W?4D 1?fCUAM 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. JEREMY B LATHROP : NO. 16 - ?$(p3 C?v?ITerr? 126 Herman Avenue, Lemoyne PA 1 7043 1 93 5 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 0 C-38402 04,00 Pb Ary a#913ag ef aLJ 7 3.2 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 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. JEREMY B LATHROP 126 Herman Avenue, Lemoyne PA 170431935 Defendant NO. CIVIL ACTION - LAW Complaint 1. Plaintiff is Citibank (South Dakota), N.A., a national bank, with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Jeremy B Lathrop, who resides at 126 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania. 3. On or about February 11, 2008 plaintiff furnished defendant with a CitiFlex line of credit account (hereafter "the CitiFlex Account") with account number ending in 6011 4. From time to time, defendant used the CitiFlex Account to obtain advances on the line of credit provided by plaintiff. 5. Plaintiff kept accurate running records of all draws on the CitiFlex Account by defendant and all debits and credits to defendant's CitiFlex Account. 6. Plaintiff transmitted to defendant monthly statements for the CitiFlex Account including the billing statement attached hereto as Exhibit A. These monthly statements reflected and accurately stated the draws made on the account by defendant, the previous balance, the debits and credits to the account for the prior billing period and the current balance. 7. Defendant received and reviewed the monthly billing statements from plaintiff for the CitiFlex Account and after determining the balance to be correct made a payment on account or retained the statement without making a payment. 8. Plaintiff transmitted to defendant the billing statement for the CitiFlex Account attached hereto as Exhibit A and defendant received and reviewed the statement and after determining the balance to be correct did not send a payment to plaintiff. 9. Defendant's actions as set forth above constituted an account stated between parties for the sum of $6,884.95 which sum reflects the Exhibit A billing 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 $6,884.95, and the costs of this action. Burton Neill: Nssociates, P.C. By: DercW. Masker, Esquire Attorney r Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. I, 04/14/10 $6884.95 $6884.95 SITE:KC-CL TM:GJ-5000 ACID:KCB0219 06/02/10 21:59:44: CITI CARDS PO BOX 183051 JEREMY B LATHROP COLUMBUS, OH 126 HERMAN AVE 43218-3051 LEMOYNE PA 17043-1935000 Citi CashReturnsn" MasterCard` C t?0 Citl and CRi with Art Design are registered service marks, and Citi CashReturns and CROW Nars arc service marks, of CRigrow inc. Account Number: 6011 Customer Service: 1-800-950-5114 www.citicards.com BOX 6500 SIOUX FALLS, SO 57117 Summary of Account Activity Previous Balance $6,690.14 Payments - 0.00 Other Credits - 0.00 Purchases + 0.00 1 Balance Transfers + 0.00 Cash Advances + 0.00 Fees Charged +$39.00 Interest Charged +$155.81 New Balance $6,884.95 Past Due Amount $457.62 Amt. Over Credit Limit $474.95 Credit Limit $6,410 Available Credit $0 Cash Advance Limit $1,900 Available Cash Limit $0 Statement Closing Date 03/17/2010 Days in Billing Cycle 29 Payment Information New Balance Minimum Payment Due Payment Due Date 1ment due ddL 16,884.95 6,884.95 04/14/2010 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay up to a $39 late fee and your APRs may be increased up to the variable Penalty APR of 28.99%. Minimum Payment Warning: If you make only the minimum pgXment each period, rou will pay more in interest and it u,1 1 +aira unu lnnnpr n nav of vour balance. For eXamDle: If you make no You will pay And you will end additional charges off the balance up paying an using this card shown on this estimated total and each month you statement in of... pay.. about.. Only the minimum payment 1 month(s) $6,885 If you would like information about credit counseling services, call 1-877-337-8188. Sub Date Post Date Reference Number Activity Since Lest Statement Amount Fees 3/17 LATE FEE - FEB PAYMENT PAST DUE 66 0000 TOTAL FEES FOR THIS PERIOD Interest Chargqed 3/17 PURCHASES*INTEREST CHARGE*PERIODIC RATE 84 0000 TOTAL INTEREST FOR THIS PERIOD 39.00 0000000000 39.00 155.81 0000000000 155.81 As soon as you've earned 50 CitiDollars, we will send you a check for the total accumulated CitiDollars account balance shown on your billing statement. Your late fee was based on your account balance as of the payment due date (03/15/10), which was $6,690.14. Help is available! Please call the toll-free number shown above to learn about our special payment options. Cali 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 JEREMY B LATHROP Sale Date Post Date Reference Number Activity Since Last Statement Amount i Our records show home, phone 717-635-8052 and business phone 717-684-2818. If incorrect, please update your account online at www.citicards.com or call us at 1-800-950-5114 to let us know. Davs This Billing Period: 29 Balance Subject to Periodic Nominal ANNUAL Rabe Summary Interest Charae Rate APR PERCENTAGE RATE PURCHASES Standard Purch $6,765.06 0.07942%(D) 28.990% 28.990% ADVANCES Standard Adv $0.00 0.07942%(D) 28.990% 28.990% Verification 1, Mark Molinario , 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 line of credit 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. C "A Signature C-38402 Jeremy B Lathrop Account number ending in 6011 1000 itle- our OU.A t 0- 5 ?b3 Grv+ ? ??rr, VO. Da k 04-u N" A bang S? h-e et Al rafnf r ' 7oi East °SD 5 17 S'ID?T c? -i - F i ( I xl M P'l n? Jpr?M B, Lu I QtP 'K-CD ? ::?--n ILA rrM4? ?µ, PA -7043 C D m l a,,, ay e J yZ ? ., r . t'tA5wer 7-0 wL. vim, ?''ey rc,^car^ ' -10 r f a ke P'1 `? q v? r1 a v? it a re s p Q ns J` Io 1 Jy 1c/ L? 2 00 C d re p ??r( 6{f '? ?Gt4bPr ) bPr- Zo0`l, l,Pl,°'???y --?'" S A S Ia, G 5 J n t e ?? V ?? Ole kr etn?ry l 1t ! J? Cc { L°,1 ro Q ? , ?? ? t/Yl st 7 / d /? r Ca??"uct" )ped? RPSD?? ;t,?1n ? Z on,,r.- SyrGe? L cya 14-e /p "9 s ' `6 j ? ?2S '4l 6 -Gt rlll°iN Grove /V1 GJ (i 55 2 Sa 1; Jfa S Jot 54 /f^y S y o'r C p /ut? t J,vP? <Utp/ of 7% e ?let 44 ,,Y ?/ hus b?Pn y .? s ?a ?t? ?UM? °? / ?f- i?7?tn7' ? rPpresP-??" e!'cM /4/nir ,Vn Cc??r? Q n ?I a? r rl ?{^+ t 4e- 6L SHERIFF'S OFFICE OF CUMBERLAND COUNTY 0 ICE Ronny R Anderson FlLED-? Sheriff ?- ??kti?ta o1 4airsGrr/?r?? Jody S Smith ?.. - 3 FM 1: 02 Chief Deputy. E LJ? Richard W Stewart CUM ' ,( ?.3 _`???J?p?.?y.?J/?? Solicitor K' t'iF;h` c. F',FR PE'' JLV? I Citibank (South Dakota) N.A. vs. Jeremy B. Lathrop Case Number 2010-5563 SHERIFF'S RETURN OF SERVICE 09/02/2010 07:36 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on September 2, 2010 at 1936 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jeremy B. Lathrop, by making known unto himself personally, at 126 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $42.40 September 03, 2010 -.e4a? / 43266 GERALD WORTHINGT DEPUTY SO ANSWERS, ('Z' RON R ANDERSON, SHERIFF (e countysuite Srenft, Ieleosoft, inc. e w// Praecipe for Listing Case for Argument L ? U 1- F i G (Must be typewritten and submitted in duplicate) r? '' IRO T H O N f ' > > TO THE PROTHONOTARY OF CUMBERLAND COUNTY: z OCT , ' CUMBERLAk4o COUNT,' Please list the within matter for the next Argument Courti'ENNSYLVANI A CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. JEREMY B LATHROP Defendant NO. 10-5563 CIVIL 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Motion for Judgment on the Pleadings 2. Identify counsel who will argue case: (a) for plaintiff. Derek C. Blasker, Esquire c/o Burton Neil & Associates, P.C. address: 1060 Andrew Drive, Suite 170, West Chester, PA 19380 b) for defendant: Jeremy B Lathrop address: 126 Herman Avenue, Lemoyne, PA 17043-1935 3. I will notify all parties in writing within two days tha - case has been listed for argument. 4. Argument Court Date: December 16, 2011 Derek C. B1as1Ye , Esqui Attorney for the Pl 'ntif The law firm of Burton Neil & Associates is a debt collector. I 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 -11; : { . ? 'ENNS YND COUNTY MANIA CITIBANK (SOUTH DAKOTA), N.A. IN THE COURT OF COMMON PLEAS Plaintiff V. CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-5563 CIVIL JEREMY B LATHROP Defendant CIVIL ACTION -LAW Motion of Plaintiff for Judgment on the Pleadings Now comes plaintiff by its undersigned attorneys, and moves this Honorable Court pursuant to Rule 1034 of the Pennsylvania Rules of Civil Procedure, for judgment on the pleadings on its behalf and against defendant in the sum of $6,884.95 with costs of the action and in support thereof states: 1. The pleadings consisting of complaint and answer are closed. 2. There is no genuine issue of material facts raised by the pleadings which will require a trial. WHEREFORE, plaintiff moves this HonoratKkCourt for judgment on the pleadings. BURT L & ASSOCIATES, P.C. By: Dere lasker, Esquire Attorney fo laintiff In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. r I G? ?£AJA?y bJaA J4?- CITIBANK (SOUTH DAKOTA), N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-5563 CIVIL JEREMY B LATHROP Defendant CIVIL ACTION - LAW ORDER AND NOW, this A!day of '2011, plaintiffs motion for judgment on the pleadings is GRANTED. It is hereby ORDERED that judgment shall be entered on behalf of plaintiff, Citibank (South Dakota), N.A., and against defendant, Jeremy B Lathrop, in the sum of $604.95 plus the costs of this action. B COURT• J. 41 7 r ILEG--o r ICE 2012 JAN 19 AM 10: 56 £UPENNSYLVANIA TY 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. JEREMY B LATHROP Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-5563 CIVIL CIVIL ACTION - LAW Praecipe for Entry of Judgment on Court Order To the Prothonotary: Enter judgment on behalf of the plaintiff, Citibank (South Dakota), N.A., and against the defendant, Jeremy B Lathrop, as per the Court's Order dated December 16, 2011 and assess damages in the sum of $6,884.95, plus the costs of this acts Associates, P.C. By , Esquire 110.s o ?a 41kI C? d? 1) 9. to 00, 9-l00' 9' ?a:?e? ?oV ? And now, this I 'C\ day of 20 l';?judgment is entered on behalf of the plaintiff, Citibank (South Dakota), N.A. and against the defendant, JEREMY B LATHROP, in the sum of $6,884.95, plus the costs of this action. County Prothonot of b 70 D In making this communication, we advise that this office is a debt collector. C-38402 / 316 488410\atty\Order - Lathrop030.jp9 (JPEG image, 1275x1650 pixels) - Scaled (65%) CITMANK (SOUTH DAKOTA), N.A. ; IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. I4-5563 CIVIL JEREMY B LA'THROP Defendant CIVIL ACTION -LAW ORDER AND NOW, this L ` day of , 2011, plaintiffs motion for judgmtnt on the pleadings is GRANTED. It is hereby ORDERED drat judglmm shall be entered on behalf of plaintiff, Citibank (South Dakota), N.A., and against defendant, Jeremy B Lathrop, in the sum of $6,884.95 plus the costs of this action. B C w J. 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. JEREMY B LATHROP 126 Herman Avenue Lemoyne PA 17043-1935 Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-5563 CIVIL CIVIL ACTION - LAW Certification of Address and Affidavit of Non-Military Understanding that false statements herein are subject to penalty under 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment creditor and debtor. 2. 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 By: Associates, P.C. In making this communication, we advise that this office is a debt collector.