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Home My WebLink About01-2081 OLIN, NEIL & HALTRECHT By: Burton Neil, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19382 610-696-3030 Attorney for Plaintiff CITIBANK (SOUTH DA~ 701 East 60~ Street North ' IN THE COURT OF COMMON PLEAS Sioux Fails, SD 57117 Plaintiff v. ' CUMBERLAND COUNTY, PENNSYLVANIA CALVIN S BARD JR ' NO. ~5)/' ,:~O~/ ~ 130 Salem Church Road, Mechanicsburg, PA 17055 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 claimed in the complaint or for any other claim or relief requested by the plaintiff, for any money money or property or other rights important to you. You may lose YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFO~ ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHE~ YOU CAN GET LEGAL HELP. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 2 Liberty Avenue Carlisle, PA 17013 Telephone No. 717-249-3166--800-990-9108 · OLIN, NEIL & HALTRECHT By' Burton Neil, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19382 610-696-3030 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. · IN THE COURT OF COMMON PLEAS 701 East 60th Street North Sioux Falls, SD 57117 v. Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA CALVIN S BARD JR · NO. d7/_,,2o£/ ~ -7~~ 130 Salem Church Road, Mechanicsburg, PA 17055 Defendant · CIVIL ACTION - LAW Complaint 1. The plaintiff is Citibank (South Dakota) N.A. with place of business located at 701 East 60'~' Street North, Sioux Fails, South Dakota. 2. The defendant is Calvin S. Bard Jr., who resides at 130 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. At the defendant's request, plaintiff issued the defendant a credit card for the defendant's use in making credit purchases and securing cash advances subject to the terms and conditions governing the use of the credit card. 4. The defendant accepted the credit card and the terms and conditions governing its use for the purchase of goods, merchandise and services and/or for cash advances from vendors who accepted plaintiff's credit cards. In using the credit card, the defendant agreed to comply with the terms and conditions governing its use which included the obligation to pay plaintiff for all charges made in full upon receipt of the statement or in installments subject to monthly finance charges. 5. The defendant utilized the credit cards by making/obtaining purchases of goods, merchandise and services and/or cash advances from vendors who accepted the credit card. Monthly statements were sent to the defendant which detailed the charges made to the account including late and/or finance charges. The balance due for the charges made by the defendant including any late or delinquency charges is $9,928.75. 6. Defendant did not pay the balance due upon receipt of the billing statements and is in default of the terms and conditions governing the use of the credit card. 7. Although demand has been made by plaintiff upon defendant to pay the sum of $9,928.75, the defendant failed and refused to pay all or any part thereof. 8. Defendant is liable for reasonable attorneys fees pursuant the terms and conditions of the account. . A true and correct copy of the terms and conditions of the account is attached hereto, marked Exhibit A. Wherefore, plaintiff demands judgment against the defendant in the sum of $9,928.75 reasonable attorneys fees and the costs of this action. , OLIN, NEIL.... .... ..-.~--& qALTRECHT BY: . " Burton Neil, Esquire Attorney for Plaintiff _VERIFICATION Jeannette M. Brown is (Name of authorized representative) Mana er (Title or Position) for, Citibank Credit Card Services Inc. the within Plaintiff, and makes this statement on (Name of Company) -'--'----' its behalf as to the truthfulness of the facts set forth in the foregoing Complaint subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: SHERIFF ' S RETURN - REGULAR CASE NO- 2001-02081 p COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLA/~D CITIBANK (SOUTH DAKOTA) N A VS BARD CALVIN S JR CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who bein~ duly sworn accordin~ to law, says, the within COMPLAINT & NOTICE was served upon ~ARD CALVIN S JR the DEFENDANT , at 0009-59 HOURS, on the llt_____h day of A_April 2001 at 130 SALEM CHURCH ROAD MECHANICSBURG, PA 17055 by handin~ to CALVIN S. BARD, JR. a true and attested copy of COMPLAINT & NOTICE to~ether with and at the same time directing Hi___~s attention to the contents thereof. Sheriff.s Costs- So Answers. Docketin9 18.00 Service 6.20 .~~~/~~ Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 34.20 04/11/2001 OLIN, NEIL & ~LTRECHT Sworn and Subscribed to before By me this ~&.~ day of A.D. CITIBANK (SOUTH DAKOTA) N.A. · IN THE COURT OF COMMON PLEAS 701 East 60t~ Street North Sioux Falls, SD 57117 Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA VS. CALVIN S BARD JR ' NO. 2001-02081 130 Salem Church Road Mechanicsburg, PA 17055-2834 Defendant ' CIVIL ACTION- LAW Praeeipe 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: $9,928.75 Attorneys fees: $1,985.75 Balance Due: $11,914.50 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unswom 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, af[er the default occurred, and at least ten days prior to the date of~he filing of this praecipe. 3. The said defendant is not in the Military Service of the United States or its Allies or otherwise within the coverage of the Soldiers' and Sailors' Relief Act of 1940, as amended, is over 18 years of age and has a civilian occupations. JUDGMENT BY DEFAULT ENTERED OLIN, NEIL & HALTRECHT AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN UNDER PA.R. CIV. P. 236 . "~'"~ ~,¢~', squire Pro Prothonotary Attorney for Plaintiff I.D. # 11348 PO Box 356, W. Chester, PA 19381 In making this communication, we advise that our firm is a debt collector. OLIN, NE'IL & HALTRECHT BY: Burton Neil, Esquire Identification No.. 11348 26 South Church Street West Chester, PA 19382 610-696-3030 ATTORNEY FOR: Plaintiff CITIBANK (SOUTH DAKOTA) N.A. · IN THE COURT OF COMMON PLEAS Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA VS. · NO. 2001-02081 CALVIN S BARD JR Defendant 'CIVIL ACTION- LAW NOTICE OF INTENTION TO FILE PRAECIPE FOR DEFAULT JUDGMENT TO: Calvin S. Bard Jr. 130 Salem Church Road Mechanicsburg, PA !7055-2834 DATE OF NOTICE: May 4, 2001 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 obligations 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 notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help- LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc.. 2 Liberty Avenue Carlisle, PA 17013 Telephone No. 717-249-3 ! 66--800-990-9108 OLIN, NEIL & HALTRECHT BY' Burton Neil, Esquire Attorney for Plaintiff In making this communication, we advise that our firm is a debt collector. PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) Pa.R.C.P. § 3103 to 3149 CITIBANK (SOUTH DAKOTA) N.A. · IN THE COURT OF COMMON PLEAS Plaintiff VS. · CUMBERLAND COUNTY, PENNSYLVANIA CALVIN S. B _ARD_, MEMBERSt~t~~'~FI~S~.C.U.~~'~~~ Defendant 'NO. 2001-02081 Garnishee 'CIVIL ACTION- LAW To the Prothonotary: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER 1. Directed to the Sheriff of Cumberland County, Pennsylvania 2. against... Calvin S. Bard, Jr. , Defendant(s) 3. and against Members First F.C.U. , Garnishee(s) 4. and index this writ (a) against Defendant(s) (b) against Garnishee(s) 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: 5000 Louise Drive, Mechanicsburg, PA 17055 5. Amount Due $11,914.50 Interest from 8/6/01 $ 193.37 Total $12,107.87' ....... *Plus writ costs 2 Dated: November 12, 2001 ·. Burton Neil, Esquire Attorney for Plaintiff NOTE: Under paragraph I 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 count 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 Olin Neil & Haltrecht is attempting to collect a debt. SHERIFF ' S RETURN - GARNISHEE CASE NO- 2001-02081 p COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CITIBANK (SOUTH DAKOTA) N A VS BARD CALVIN S JR And now CPL. TIMOTHY REITZ ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0016-05 Hours, on the 21st day of November , ~ 2001, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT B_ARD CAnVIN S JR , in the hands, possession, or control of the within named Garnishee M_EMBERS FIRST FEDERAL CREDIT UNION 5__000 LOUI SE DRIVE MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to M_~ICHELLE WILSON (ACCOUNTS SPECIALIST) personally three copies of interogatories together with 3 true and attested copies of the within COMPLAINT & NOTICE and made the contents there of known to Her . Sheriff.s Costs. S oc et .00 Servi ce .00 Affidavit .00 .~R. Thomas Kline Surcharge .00 Sheriff of Cumbe-rland County .00 .00 00/00/0000 Sworn and subscribed to before me · - this ~ g '- day of '~ By ~ ..... R. Thomas Kline,. Sher/ff, who being duly SWorn according to/aw, states this Writ is returned ABANDONED, no action taken in six months. Sher/ff's Costs: Advance Costs: 150.00 Docketing 18.00 Sher/ff's Costs: Poundage 1.50 ~ Advertising .~ ' Law Library .50 Prothonotary 1. O0 Mileage 6.50 Refunded to Atty on7/1/02 M/SO° Surcharge 20.00 Levy 20.00 Post Pone Sale Gam/shee 9.00 · Sworn and Subscribed to before me So Answers,. th/s/O~~day of 2002 A.D. ~~ R. Thomas Kd/ne, Sheriff WRIT OF EXECUTION and/or ATTACHMENT NO. 03.-2081 CIVIL 1]~X~RM cOMMONWEALTH OF PENNSYLVANIA) CIVIL ACTION - LAW couNTY OF CUMBERLAND) couNTY: ~ TO THE SHERIFF OF ojmberl~~d Cit~ PLAINTIFF(S) To satisly the debt, interest and costs due ~ lrom Calvin $- Bard, Jr., 130 Salem Church Road, Mechanicaburg, PA 17055-~834 - DEFENDANT(S) (1) You are directed to levy upon the property ot the delendant(s) and to sell __-------------- (,2) You are also directed to attach the property o! the detendant(s) not levied upon in the possession ot Mechanicsb~' PA 17055 -____ Members First F.C.U., 5000 Louise Drive, ~ GARNISHEE(S) as lollows: and to notily the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is/are enioined from paying any debt to or tot the account ol the delendant(s) and from delivering any property ot the defendant(s) or otherwise disposing · · und inthe possession ot anyone other thereol' - -- v' d u n an subl.ect.to attachment's 1o~ a arnishee and is en}oined as above tie ~e po added a g ant s no b~en (3) it property ot the del .end . ~.)__..,~,,him/herthathelsnenas than a named garnishee, you are ¢lirecteo to $.50 ------------ stated. L.L. $ .o0 Amount Due Due Prothy --- Interest from 8/6/01 - $193.37 __ Other Costs % --- ______------- Atty's Corem $[06.?0 Atty Paid Plaintiff Paid Curt~ R~~._~-~ Prothonotary, Civil Division Date: ___----- . 16 2001 ~Q ' t REQUESTING PARTY' Name Address: The Towne House ,~~~~~~6 A~orney for' Plaintiff Telephone' ~ __ Supreme court ID No. 11348 ~