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HomeMy WebLinkAbout10-5671FILED-017 CE u' cr?a - I FK 2- Z'? CUMBER' -j" y! ' kJOUNTY PBNNSYLVAN A 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 RICHARD DAVIS : NO. LO - rf f 0,M ITem 23 Blue Spruce Drive, Enola PA 17025-2080 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-39153 *%-oo PD A-ry%( 019 allo fz# a,l 7 V 6 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. RICHARD DAVIS 23 Blue Spruce Drive, Enola PA 17025-2080 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 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 Richard Davis, who resides at 23 Blue Spruce Drive, 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 1561 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 $3,787.53 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 $3,787.53, and the costs of this action. Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. `D 0 O m it = 10 tn o u di Q9 ON O O th ' 6 ? 0 r O J Y Y G E?o Q q u p O - ` ,n V m o co to q..J o rn E o t` o c00 ? 5-2- I min u) I ?IL; w? a U I 01 F, I W ai ?I a xi u 1)- j W x W C e O N W U .. a M > O N ? N 0 O_ IL N x z N W d• z z J Q 0 W zWQ zuo: Q W IL c o: Ed oa z o ai o? a 0 yya Nq SV p .d. me , Ln of ; ? ro ' o ao a T EE w ? o in wok ?°ET ,o n c 3 O ? O " rD LEo m E c-`o wUo. • n o =row -"OY ) O C w O N Y ° > U V rn w N w '? C r0 mom n, ntL O ? o cE w F ! E_ > T 0 i m n? N w 76 .z' Z nE x •nn E N Ln ? In I Y Y- A a o. Y o O 0 f VO - « E> E d! v d o lob ? 0 z V i Cpl 1 0 0 E Ln w O Y • 7 a 7 1 ! 1 i i 0 0 7 N aq E''LLC77 U 0 o a `` g ` q 0 0 O ° O ° ° V q n Q > 3 <? < low r n3 1 0 0 Ix ai a1 M r 0 0 ? 8 8 8 8 0 M L O IM N 0 0 0 0 9 IP 10, n 0 O 0 O O O p C4 ! p m p O O O U) i M + + + + r rn r 'n N + M . ? ' 0 •? E s ? ? ? t u 1 .w. 0 1 - y ! E E E cT u u u w j Z N - U a m u) c u O !W W u O c Tm y H > A a Iy E w > w e io d u t G a u Y m O p g a q E C E E> w > w g N Ny 3 E d q > = q q > q q nn` q ,a ? J a q m q u dl i? 5 w z q a a u a U a o Y rtiifi • wo?a0_ T 0ool ri - q in yc u>a0w?° an.. I ;n n C ?5 in ?. q C q c ....____._.. .. .... U 0 Q q n 2 2 02 c w o o' o ? °? E N m m ? 4' a.-. F m a o c' o - y 7 ±?LP atT u w Yo o` z o W O ° 1'Q O w° o w' m O aoc n E ,. y 4z' o' g 'c N IL 0\ Ea»dnco W N > " V Eow,r -? EE ' `c E D q r o q ?w V Y S> v, C Y A c 40 n 9 O 0 0 ?Et.=-sE=? `o tlete (uii7 _ ertiount paid check A _ www.cfticards.com New Balance: $3.78753 Minimum Payment Due: $3,787.53 Payment Due Date: 04/02/2010 C 000000 MC 32 A C RICHARD DAVIS 23 BLUE SPRUCE DR ENOLA PA 17025-2080 Detach and fallow pay-t inatructiero en reverse MakecMckpayabia1o:C1t1 Cards A=ount Num r 1561 Amount Enclosed: Payment must be received by 5:00 PM local time on the payment due data. CITI CARDS P.O. BOX 182564 COLUMBUS, OH 43218-2564 IXHIBIT_? 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 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-39153 Richard Davis Account number ending in 1561 1000 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Citibank (South Dakota) N.A. vs. Richard Davis ?,V'' " „i- Lwnt rrl.:?t10 Case Number 2010-5671 SHERIFF'S RETURN OF SERVICE 09/14/2010 07:46 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2010 at 1946 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Richard Davis, by making known unto himself personally, at 23 Blue Spruce Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. RYAN BURv TT, SHERIFF COST: $41.50 September 15, 2010 SO ANSWERS, , -22 ro?' X. ? Z?? RON R ANDERSON, SHERIFF C? -= v 77, -? ? a _ t!> t)ti % Q c _. T7 C ?" C..._ CO f - i t `.? Defendant RICHARD DAMS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIBANK (SOUTH DAKOTA) N.A., Plaintiff, vs. RICHARD DAMS Defendant. Case No.: 10-5671 -Civil Term CIVIL ACTION -LAW ~ ~ ~ ~m ~ ~.. ~~ .~~ mot=.. ~~ om ~ e~~ t ... ;~, c.a ~ ~~ ~ ~~ - cri ,i7 ANSWER AND NOW, this 20~' day of September, 2010, comes the defendant RICHARD DAMS, who admits, denies, and alleges as follows: 1. Defendant, RICHARD DAMS, admits to the facts contained in paragraph one, that the plaintiff is CITIBANK (SOUTH DAKOTA) N.A., with a principal place of business situated at 701 EAST 60`~ STREET NORTH, SIOUX FALLS, SOUTH DAKOTA. 2. Defendant, RICHARD DAMS, admits to the facts contained in paragraph two, that he resides at 23 Blue Spruce Drive, Enola, Cumberland County, PENNSYLVANIA. 3. Defendant, RICHARD DAMS, admits the facts alleged in paragraph three, that the Plaintiff is a national banking association, engaged in various types of banking business including consumer lending through the issuance of credit cards. 4. Defendant, RICHARD DAMS, admits the facts alleged in paragraph four, that he was furnished consumer credit my means of a credit card with account number ending in 1561. 5. Defendant, RICHARD DAMS, does not have sufficient information to admit or deny the facts alleged in paragraph five, that the Plaintiff kept accurate running records of all debits and credits to the account. 6. Defendant, RICHARD DAMS, admits facts alleged in paragraph six, that the Plaintiff mailed him monthly statements stating the previous balance, the debits, and credits to the account for the prior billing period. 7. Defendant, RICHARD DAMS, admits facts alleged in paragraph seven, that he had, for many months, made payments on the account of the billing statement or retained it without paying. 8. Defendant, RICHARD DAMS, denies the facts alleged in paragraph eight, that his actions have constituted an account stated between the parties for the sum of $3787.53. WHEREFORE, the defendant respectfully requests this honorable court enter judgment in favor of the defendant and that Complainant take nothing by said Complaint; that Defendant recover its cost of action herein; and such other relief as the Court may deem proper. Respectfully submitted, DATED: September 20, 2010 Defendant RICHARD DAMS VERIFICATION I, Defendant, RICHARD DAMS, verify that the facts set forth in this answer are true and correct to the best of my knowledge, information, and belief DATED: ~ ' a©- ~ d ti ~ Defendant RICHARD DAMS j~ . FILED-OFF,C OF THE PROTHONOTAR ?' 2010 BEC 13 PM 1: 37 CUMBERLAND COUNTY PENNSYLVANIA 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. Plaintiff V. RICHARD DAVIS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-5671 CIVIL T CIVIL ACTION - LAW Praecipe to Discontinue To the Prothonotary: Kindly discontinue the above-captioned action without prejudice. Burton Neil & Asso P.C. By: Neil Sarker, squire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-39153