HomeMy WebLinkAbout10-6007FILED-OFFICE
01F THE' PROTHONOTARY
1010 SEP 1 I AM 11: 29
CUMBERLAND COUNTY
PENm5YLVANIA
Burton Neil & Associates, P.C.
By: Yale D. Weinstein, Esquire ID. NO. 89678
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.
MICHAEL E SMITH
348 Old State Road, Gardners PA 17324-8938
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. J 0 - Lcx?7
CIVIL ACTION - LAW
0cvLL7E
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. S
32 South Bedford Street '?
Carlisle, PA 17013 - Pa_ A4?
Telephone No. 717-249-3166 or 800-990-9108
C-37979 n 1'f'S' f
-aVg4131
Burton Neil & Associates, P.C.
By: Yale D. Weinstein, Esquire ID. NO. 89678
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.
MICHAEL E SMITH
348 Old State Road, Gardners PA 17324-8938
Defendant
NO. I o_ 6d 6 7 C',-Z/ +e/)k
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 Michael E Smith, who resides at 348 Old State Road, Gardners,
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 8307 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 $1,914.01 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 $1,914.01, and
the costs of this action.
eil & AAoa'lates. P.C.
D. Veinstein, Esquire
The law firm of Burton Neil & Associates, P.C. is a debt collector.
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deie Faid ___ ___ __ chee r. o _ ______ Detach and follow payment instructions on reverse
Make check Payableto:Citl Cards
Total New Balance:
$1,914.01
Minimum Amount Due:
$1,914.01
Payment Due Date:
08/17/2009
000000 MC 32 A 0
MICHAEL E SMITH
346 OLD STATE RD
GARDNERS PA 17324-8938
CI Account Number
L9 I- I - 8307
Amount Enclosed:
Payment must be received by 5:00 PM
local time on the payment due date.
CITI CARDS
P.O. BOX 182564
COLUMBUS, OH43218-2564
EXHIBIT
Verification
I, Lisa BluffW , 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
f
Signature
C-37979
Michael E Smith
Account number ending in 8307
1000
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
a~l~titr at ~"~c~laGrrl~j~,~
Jody S Smith
Chief Deputy ~ ~~ ,~
,. , , ~-
Richard W Stewart
SOiICItOr s'~F E;~ E ~F 'nF t-gRr F
Citibank (South Dakota) N.A.
vs.
Michael E. Smith
Case Number
2010-6007
SHERIFF'S RETURN OF SERVICE
09/28/2010 04:32 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September
28, 2010 at 1632 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Michael E. Smith, by making known unto Michael Smith II, Son of defendant at 348 Old
State Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $37.90
September 29, 2010
DENNIS RY, DEP
SO ANSWERS,
RON ~ R ANDERSON, SHERIFF
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;cj GouniySuite Sherift~. T'eleoso!'t, Inr,.
CITIBANK (SOUTH DAKOTA), N.A.
701 East 60th Street N, Sioux Falls, SD 57117
Plaintiff
V.
MICHAEL E SMITH
348 Old State Road
Gardners PA 173248938
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 10-6007 CIVIL TERM
: CIVIL ACTION - LAW
V
Praecipe for Default Judgment
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:
TOTAL
$1,914.01
$1,914.01
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. r1
JUDGMENT BY DEFAULT ENTERED
AND DAMAGES ASSESSED AS ABOVE.
NOTICE GIVEN UNDER PA.R.CIV.P. 236
Pro rothonotary
& Ahs6ciAes. P.C.
Yal . WeirlAciu%Esquire
A o ey for Plaintiff
l k. O. 89678
i 4?
4 Andrew Drive, Suite 170
st Chester, PA 19380
The law firm of Burton Neil & Associates is a debt collector.
C-37979
'P ati
t ?o?
0?'`k s?1 ,???lp(?
C-37979
CITIBANK (SOUTH DAKOTA), N.A. : IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHAEL E SMITH
Defendant
TO: Michael E Smith
348 Old State Road
Gardners PA 173248938
DATE OF NOTICE: October 21, 2010
: NO. 10-6007 CIVIL TERM
CIVIL ACTION - LAW
IMPORTANT NOTICE
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.
B rt Neil & ssociate P.C.
Dani 1 A. Payne, Esquire
By'- J
Attorney for Plaintiff
Identification No. 202294
1060 Andrew Drive, Suite 170
West Chester, PA 19380
(610) 696-2120