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HomeMy WebLinkAbout10-575001'r TAY Guth ? C•? ? } V`J1?LVt'??^?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. DANIEL J MCDERMOTT 4115 Lisburn Road, Mechanicsburg PA 17055 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. ib - 5750 0,1v; l Te,riA 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 g C-39446 442.00 AA Any of gal (oq 0 ainea? 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 NO. DANIEL J MCDERMOTT 4115 Lisburn Road, Mechanicsburg PA 17055 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 Daniel J McDermott, who resides at 4115 Lisburn Road, 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 3038 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 $6,934.95 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 $6,934.95, and the costs of this action. Burton Neil & Associates, P.C. By:' Brit . Suttell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. nn n rr =o >0 >O n? i? J ? E ? O J1 f J n c °o I o c I °o !R n 11 0 01 Y O 01 o r? ID , 0 J4 i s 8 a 1 a w 4 ZZ~ ZW4 FE o i g aWa ' i x O s O? Q m • O 0 1 8 • LO 01 Y p N ` O ? O Oi O? ! IW O O O F- O OO i o ccL pa ? • fA?J IJ^ N 'o 8 Q O O z ° S I +u o W ;6 E,o a` a ?~ Oy ~ E + ?? ?0 0 D o co ax 0 0 0= w O I Cr w O x? Vwoin w• 8 s p n + O is ! W d w W IL C? 4 a• p Q ? o ? f 3u u ¢ N va a at "' ai W IL !a = x W + y = !U r C >_ ? F ?u) w ? g Q CL ! I IW ?W LY F 1A W o ? E O L, ' ? ' 1YN C O? W C Vl O W O r W N? u e G L O u o O -E O ?°c C ., E E C °N 1-- ? + J H 2 > = J f m- e F H ° E g G mo 1 p• °Q m a m .• . o E.2 o , o 1 C 0 0 M • N ? H ? Y G E U E • cc d O + I q R O O • ?? W O i i I.f f E • iy C J C o (9 > a O W 0 O 1 i 0 O 0 0 O 0 N Yo2 °u • a r ? l Of Y S 0 8 • 1 It YQ Q Y .9 c • L 4 4 OI O = ) . 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N 0 Detach and follow payment instructions on reverse MakecMCkpoyage1o:C1ti Cads www.shelimc.accountonikw.com New Balance: $6.934.95 Minimum Payment Due: $6.934.95 Payment Due Date: 05/07/2010 000000 MC 32 A 0 DANIEL J MCDERMOTT 4115 LISBURN RD MECHANICSBURGPA 17055-5900 Account Number: X3038 ?JJ1Jj91? ' ?I Amount Enclosed: Payment must be rvicelvetl by 5:00 PM iocai time on tke Payment o'w W.. CITI CARDS P.O. BOX 182564 COLUMBUS, OH 43218-2564 EXHIBIT-4...... E 0 u Y G_ C O C 7 O V u q V E O i a 3 C C r ° r c Y N ? 7Q Z Y y v Y V1 q V` V) J ? dT %D 000Q i ?OD ENS NO 30 0IDX em 702 u Y uco0 Q ? O o E fa 0 CO c'E - m o in w o ? ?°ET Ip ds+ C ? H 30? o" m ?Eo ?o arw c •? o a n v o To goy N o h - y ? V rn N v, vii c ?o _ yoa, a as ? o ? c a c E J ? -T E NF- >?? J .? qd ?m o•?V ?r0i =nn 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. -o- Signature C-39446 Daniel J McDermott Account number ending in 3038 1000 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ... Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOIICItOI' Citibank (South Dakota) N.A. vs. Daniel J. McDermott ~a~,,tr of £uudjyr~,f~~~ G. fe~.S,~Sj ~_r ~. .- C~~iGH C F ' ~. G &vkRIFF ~'~ T~-~~ P ~T!l~NJ~'~f~`f Ltt~~UE,i ~~ f ~ ~~ ~~ r~~MB~R~A~#i~ Cnt.3k~T4" ~'E~P~SY~1~~,~#~I~; Case Number 2010-5750 SHERIFF'S RETURN OF SERVICE 10/12/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Daniel J. McDermott, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Daniel J. McDermott. Deputies were advised, Daniel J. McDermott has moved from 4115 Lisburn Road, Mechanicsburg, PA 17055. To date The Mechanicsburg Postmaster has been unable to provide a good forwarding address for Daniel J. McDermott. SHERIFF COST: $42.00 October 12, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. Teleosoft. Inr,. CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff plaintiff and against the defendant, and assess damages as follows: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-5750 CIVIL TERM DANIEL J MCDERMOTT ' 28 E Willow Terrace Dr P , Mechanicsburg PA 170550004 r*? r? Defendant CIVIL ACTION -LAW rv - E -<A Praecipe for Default Judgment AC-) -0 To the Prothonotary: ca `- > ° °r C' Please enter judgment by default for want of an answer in the above case in favnr nthe" Principal: TOTAL $6,934.95 $6,934.95 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 NOTI PA.R.CIV.P. 236 Burton Neil & Associ C. By: Neil Sarker, Esquire Attorney for Plaintiff I.D. NO. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C-39446 0"A % 14. oo Nd a Vkl.'1"r. tMAAL Lo, 4 ES ASSESSED AS ABOVE. CITIBANK (SOUTH DAKOTA), N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-5750 CIVIL TERM DANIEL J MCDERMOTT Defendant : CIVIL ACTION - LAW TO: Daniel J McDermott PO Box 432 Mechanicsburg PA 17050-1801 DATE OF NOTICE: March 03, 2011 IMPORTANT NOTICE C-39446 You are in default because you have failed to enter a written appearance personally 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 (10) 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 paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office below. 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 In making this communication, we advise our office is a debt collector. Burton Neil & Associates, P.7- Neil By: Sarker, Esquire Attorney for Plaintiff Identification No. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 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 CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-5750 CIVIL TERM DANIEL J MCDERMOTT Defendant CIVIL ACTION -LAW Rule of Civil Procedure NO. 236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on Olf `? ?I 1 Prothonotal? I By: Deputy If you have any questions 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.