Loading...
HomeMy WebLinkAbout04-3828 BURTON NEIL & ASSOCIATES, P.c. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) NA 701 East 60th Street North, Sioux Falls, SD Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. LYNN N HEREDA 5 N Pin Oak Drive, Boiling Springs P A 17007-940 I Defendant NO. 64- .JgJ. ~ ~ : 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 ALA WYER. 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-1195 BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff ClTffiANK (SOUTH DAKOTA) N.A. 70 I East 60th Street North, Sioux Falls, SD Plaintiff : IN THE COURT OF COMMON PLEAS v. CUMBERLAND COlMIT, PENNSYLVANIA NO. LYNN N HEREDA 5 N Pin Oak Drive, Boiling Springs, PA Defendant : CIVIL ACTION - LAW Complaint 1. The plaintiff is Citibank (South Dakota) N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. The defendant is Lynn N Hereda, who resides at 5 N Pin Oak Drive, Boiling Springs, Cumberland County, Pennsylvania. 3. Plaintiff, a national banking association, engages 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 5424180545322346 hereinafter referred to as the credit card account. 5. Plaintiff maintained an accurate and running record of all debits and credits to the credit card account in its books of account. 6. Plaintiff mailed defendant a written statement each month which accurately stated the debits and credits to the credit card account for the prior billing period. 7. Defendant received the monthly statements from plaintiff for the credit card account including the statement attached hereto as Exhibit A statement without protest, dispute or objection. 8. Defendant in not protesting, disputing or objecting to the statements including the Exhibit A statement thereby assented and agreed to the correctness of the balance due on the credit card account so as to constitute an account stated. 9. The amount due plaintiff on the account stated, less credits, if any issued subsequent to the Exhibit A statement, is $7,379.74. Wherefore, plaintiff demands judgment against defendant for the sum of $7,379.74, and the costs of this action. BURTON ~ &.ASSOCIA TES, P.C. " . /' By: The law firm of Burton Neil & Associates, P.C. is a debt collector. 04/30/04 ~i@.i~~mm $7379.74 i'~iAAi._i~ $611.00 tl$~~r@i~~ SITE:KC-CL TM:CO-SOOO 04/1S/04 ACIO:KCB71S0 17:39:15 LYNN N HEREOA ATTNY ACCOUNT-COOE=LB34 BOILING SPRINGS 17007-9401000 Cln CARDS P.O. BOX BI04 S HACKENSACK, NJ 07606-BI04 PI, Cltl~ Platinum Select~ Card cffr Accol.lfltNurnbt'r S424 1805 4532 2346 Custom.. Service: 1-800-950-5114 BOX 6500 SIOUX FALLS, SD 57117 Sala Oete Post Date. Rerer",oe ~mb.r Tot.' Credit Line $7860 St.t."'.f\tl Clas'n, Oate 04/06/2004 """nable- Credtt Line tuh Advitl,ee limit $0 $3450 Amount On, ii.rllln L1n. Put 0". JO.OO + $458.00 + Actlvtty Since Lat st.tement Available Clsh l.lmlt $0 Purc.!\/Adv t.tInlmum Due U53.00 = New!lil!llUt;e $7379.74 MiniMum l'mouJtt D.... Hll.00 Amount Your account is now 3 MONTHS PAST OUE and currently closed. Please call the tol1~free number shown above to learn about our special payment options. Call Monday ~ rriday, 7 am to 9 pm. or Saturday. 8 am to 5 pm, Central Time. Account SUmmary Previous (+} Purch.ses (-J Payments (+) F'IN4NCl:: (oJ New Bal.nc:~ & AdvMces & Cr.di!. CHARGE ealanc~ PURCHASES $7,319.74 r.OO r.OO fl.OO $7,379.74 ADVANCES $0.00 0.00 0.00 0.00 $0.00 rOTAL $7,379.74 0.00 0.00 0.00 $7,379.74 Days This ellllng Period: 32 Rat. Summary Selanel!' Subject to Periodic Nominal 4NNU4L Finance Char9l!' R.t. APR PERCENTAGE RATE PURCHASES 5.000EXHIBITs.000" ,q- Standard Purch $0.00 0.01370%(0) AOVANCES Standard Adv $0.00 0.01370"(D) 5.000"- 5.000" VERIFICATION Tara Cross is Attorney Management Specialist for Citibank (South Dakota) N.A. the within Plaintiff in this action, and that the statements of fact made in the foregoing Complaint are true and correct to the best of the undersigned verifier's knowledge and belief. The undersigned understands that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: '1 [ ll~~ C7} ~hlc) fhU~ Lynn N. Hereda 5424180545322346 @ ~u! ~ -- <.Yi 0J -t) c.I\ --.J -- -c -.. ~. \ .....:> ~ ---- rV cJ 1-.' C',"";, '-:~} C,/', C'. 1J ~' C/'. (', C-,l t."iJ ~... ~\, ::"~ '" , , SHERIFF'S RETURN - REGULAR CASE NO: 2004-03828 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS HEREDA LYNN N ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HEREDA LYNN N the DEFENDANT , at 1511:00 HOURS, on the 1st day of September, 2004 at 418 S YORK STREET MECHANICSBURG, PA 17055 by handing to LYNN HEREDA a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 14.80 .00 10.00 .00 42.80 .r~~ R. Thomas Kline 09/01/2004 BURTON NEIL Sworn and Subscribed to before me this It; ~ day of ~ ~i)V't A.D. (-). CJ~ ~on~tary I .dfi? By' & ASSOC ~~~~ Deputy Sheriff CITIBANK (SOUTH DAKOTA) N.A. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Civil Action - Law LYNN N. HEREDA, Defendant No. 04-3828 CIVIL NOTICE TO PLEAD TO: Plaintiff, CitiBank (South Dakota) N.A. and its attorney, Burton Neil You are hereby notified to file a written response to Defendant's enclosed new matter within 20 days from service hereof or a judgment may be entered against you. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: ir/ol By: 4S~ Bradford Dorrance I.D. No. 32147 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 25~;-8014 ~~ ATTORNEYS FOR DEFENDANT CITIBANK (SOUTH DAKOTA) N.A. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Civil Action - Law LYNN N. HEREDA, Defendant No. 04-3828 CIVIL ANSWER TO COMPLAINT WITH NEW MATTER 1. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the stated allegation. 2. Denied. Defendant resides at 418 South York Street, Mechanicsburg, PA 17055. 3-9. Admitted in part; denied in part. To the extent any allegation deviates from the terms of a.ny contractual agreement or obligation, such allegation is denied and strict proof is demanded. Admitted that defendant has not paid all sums claimed by plaintiff; denied defendant owes plaintiff any balance based on new matter below. WHEREFORE, defendant respectfully requests that the complaint be dismissed with prejudice, with all costs taxed against plaintiff. NEW MATTER 10. Pursuant to the Fair Debt Collection Practices Act, defendant disputes the validity of the alleged debt and demands verification thereof. 11. Plaintiff has failed to comply with governing Pennsylvania law, including Act 6, Act 91, and/or the Fair Debt Collection Practices Act. 12. Plaintiff has failed to attach any contract to the complaint and has failed to allege any contractual obligation owed by defendant. 13. Defendant defends the complaint based on such other reasons as will become apparent during discovery or at trial. WHEREFORE, defendant respectfully requests that the complaint be dismissed with prejudice, with all costs taxed against plaintiff. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: C;)~ BY:oS~~ Bradford Dorrance ---- I.D. No. 32147 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 25>5-8014 ATTORNEYS FOR DEFENDANT 2 VERIFICATION I, the undersigned, hereby verify and state that: 1. I am counsel for defendant in the foregoing matter, and I am signing this verification in accordance with Pa. R.C.P. No. 1024(c). 2. The facts contained in the foregoing answer with new matter are true and correct to the best of my knowledge, information, and belief. 3. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 1;4904, relating to unsworn falsification to authorities. Dated: ( f~:!~ dti: -,# ~ ----- Bradford Dorrance CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving true and correct copies of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail. Postaqe preoaid Addressed as Follows: Burton Neil, Esquire 1060 Andrew Drive Suite 170 West Chester, PA 19380 Dated: '?)r:p't. ~0~ Bradford Dorrance C) ,..." r 0:-;:.) ,.._1 ~ 1 (/) ..--I -, C'l .,., .~.. . , -- .. () BURTON NElL & ASSOCIATES, P .C. Yale D. Weinstein, Esquire, Id. no. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attornev for Plaintiff ClTIBANK (SOUTH DAKOTA) N.A. : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3828 LYNN N. HEREDA Defendant CIVIL ACTION - LAW PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, Citibank (South Dakota), N.A., by its counsel, Burton Neil & Associates, P.C., hereby replies to defendant's New Matter; 10. Denied. The allegation fails to set forth any facts to which a responsive pleading is required. pursuant to Pa R.C.P. 1029(d) no responsive pleading is required and the averment is deemed denied. 11. Denied. The allegation fails to set forth any facts to which a responsive pleading is required. Pursuant to Pa R.C.P. 1029(d) no responsive pleading is required and the averment is deemed denied. 12. Denied. The allegation fails to set forth any facts to which a responsive pleading is required. Pursuant to Pa R.C.P. 1029(d) no responsive pleading is required and the averment is deemed denied. 13. Denied. The allegation fails to set forth any facts to which a responsive pleading is required. Pursuant to Pa R.C.P. 1029(d) no responsive pleading is required and the averment is deemed denied. Wherefore, plaintiff demands judgment against defendant as set forth in the complaint. BURTON N IL & ASSOCIATES, P.C. In making this communication, we advise our firm is a ebt collector. VERIFICATION Yale D. Weinstein, Esquire, attorney for plaintiff, Citibank (South Dakota) N.A. ,makes this statement on its behalf as to the truthfulness of the facts set forth in the foregoing Reply to New Matter subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Counsel, rather than an officer or other representative of plaintiff is verifying the foregoing Reply to New Matter because plaintiffs officers and/or representatives are outside the jurisdiction of the court and the verification of none of them could be obtained within the time required to file this pleading. Plaintiffs counsel is verifying plaintiffs Reply to New Matter based upon his review of the pleadings, plaintiffs records made available to him heretofore, and his conversations with plaintiffs officers. y,\, . ~&Jill", Date: ~;i' -< ,..., ~ = ~- o ""n :~- ITf;lJ ~T:1fn ~u r:::.' u1 t~~ ,;:,,1 :':0 ..,:;;. o ,) -, ~ ",",.,.. ~. 9 N (1"1 BURTON NEIL & ASSOCIATES, P.C. Yale D. Weinstein, Esquire, Id. no. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attornev for Plaintiff ClTIBANK (SOUTH DAKOTA) N.A. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3828 LYNN N. HEREDA Defendant CIVIL ACTION - LAW Motion of Plaintiff for Judgment on thE' Pleadings Now comes plaintiffCitibank (South Dakota) N.A. 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 and in support thereof states: I. Plaintiff filed a complaint for the balance due on a credit card it issued to defendant. 2. Defendant filed an answer to the complaint with new matter. 3. Plaintiff filed a reply to new matter. 4. The pleadings are closed. 5. There are neither factual nor legal issues before the Court creating a need for trial. Therefore, plaintiff is entitled to judgment as a matter of law. Wherefore, plaintiffCitibank (South Dakota) N.A. mov(~s this Honorable Court for judgment on the pleadings. D~rr" & ASSOCIATES, P.c. I BY: Yale vJ nstein, Esquire Atto ey fc,r Plaintiff In making this communication, we advise our firm is a debt collector. BURTON NEIL & ASSOCIATES, P.C. By: Yale D. Weinstein, Esquire Identification 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 Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-3828 LYNNNHEREDA Defendant : CIVIL ACTION - LAW Certificate of Service 1, Yale D. Weinstein, Esquire do hereby certify that a 1 serv,~d a true and correct copy of the within Motion for Judgment on the Pleadings and proposed Order on defendant's counsel, Bradford Dorrance, Esquire at hislher address of record via first class mail, postage prepaid on the date set forth below. o"',?iriv( BUn & ASSOCIATES, P.C. /' ,'f.... BY: D, einstein, Esquire orney for Plaintiff The law firm of Burton Neil & Associates is a debt collect . C-1195 ---- l'""-" c;;:;> 't;"\ :JI: 'J."'" :;AJ I oQ - (..{~ -' - PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ClTIBANK (SOUTH DAKOTA) N.A. Plaintiff v. LYNN N HEREDA Defendant No. 04-3828 Civil Action-Law 2004 I. Matter to be argued: Motion for Jud\!ment on the Pleadings 2. Identify counsel who will argue case: (a) for plaintiff: Burton Neil, Esquire, ID# 11348 BURTON NElL & ASSOCIATES, P.C. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 (b) for defendant: Bradford Dorrance, Esquire, ID# 32147 Law Offices of Keefer Wood Allen & Rahal, LLP 210 Walnut Street, P.O. Box 11693 Harrisburg, PA 17108 (717) 255-8000 3. I will notify all parties in writing within two days that this case h~s been lis ed for ar~em. I / Y e D Wein ein, Esq ire Attorney for laintiff 4. Argument Court Date: Mav 4. 2005 y i:x~ ,c:' i"- L\ \~"? l5'''- n:S2 i~~ '.",JtU w.-:c ..... 6 \/::J if) C"oJ (:- <;," ~._i ~ '-0 c::,. c..::' <.... () ----------' -,- ..- PRAECIPE FOR LISTING CASE FOR ARGUMENT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CITillANK (SOUTH DAKOTA) N.A. Plaintiff v. LYNN N HEREDA Defendant No. 04-3828 Civil i\ctifn-Lavv I I ! 2004 1. Matter to be argued: Motion for Judgment on the Pleadings 2. Identify counsel vvho will argue case: (a) for plaintiff: Burton Neil, Esquire, ID# 11348 BURTON NEIL & ASSOCIATES, P.c. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 (b) for defendant: Bradford Dorrance, Esquire, ID# 32147 Lavv Offices of Keefer Wood Allen & Rahal, LLP 210 Walnut Street, P.O. Box 11693 Harrisburg, P A 17108 (717) 255-8000 I , 3. I will notify all parties in writing within two days that this case hi been listed for argument. 4. Argument Court Date: Mav 4. 2005 .. '. BURTON NEIL & ASSOCIATES, P.C. By: Yale D. Weinstein, Esquire Identification 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 eO~ON PLEAS Plaintiff i : CUMBERLAND COUNty, PENNSYLVANIA VS. : NO. 04-3828 LYNN N HEREDA Defendant : CNIL ACTION - LAW Certificate of Service I, Yale D. Weinstein, Esquire do hereby certify that a I served a true correct copy of the within Memorandum of Law in support of Motion for Judgment on the Pleadi gs, Praecipe for listing the case for Argument and Request for submission on Briefs only on d fendant's counsel, Bradford Dorrance, Esquire at his/her address of record via first class mail, po tage prepaid on the date set forth below. Date: Jl \-d)1 I BY: I IL & ASSOCIATES, P.C. 11- The law firm of Burton Neil & Associates is a debt collect C-1I95 ~ CZ, -..;!_4" :;;~, \.:;,.~ _. r'I'-~' /'~. -: ',: l\~1'. -- ~'\., '~'. ~ .'-'-;;'--, "~5:~-\ r-' ~.:) (~,-:;. 'J" "-;-J ::~ <? ~;~ '.:~ c..:: ,-' CITIBANK (SOUTH DAKOTA): IN THE COURT OF COMMON PLEAS OF NA, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. CIVIL ACTION - LAW LYNN N. HEREDA, Defendant NO. 04-3828 CIVIL TERM IN RE: MOTION OF PLAINTIFF FOR JUDGMENT ON THE PLEADINGS BEFORE BAYLEY and OLER, JJ. ORDER OF COURT AND NOW, this 5th day of May, 2005, upon consideration of the Motion of Plaintiff Citibank (South Dakota) NA, for Judgment on the Pleadings, and following oral argument held on May 4, 2005, it is hereby ordered, adjudged and decreed that judgment on the pleadings shall be and is hereby entered on behalf of Plaintiff Citibank (South Dakota) N.A., and against Defendant Lynn N. Hereda in the sum of $7,379.74 plus the costs ofthis action. BY THE COURT, 1. ~rton Neil, Esq. 1060 Andrew Drive Suite 170 West Chester, PA 19380 Attorney for Plaintiff > .....-'Bradford Dorrance, Esq. 210 Walnut Street Harrisburg, PA 17108 Attorney for Defendant :rc OZ : I lid 9- ,1.'111 SDOZ CITIBANK (SOUTH DAKOTA) N.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. Civil Action - Law LYNN N. HEREDA, Defendant No. 04-3828 CIVIL DEFENDANT'S SUGGESTION OF BANKRUPTCY On May 10, 2005, defendant, Lynn N. Hereda, filed a Chapter 7 bankruptcy with the United States Bankruptcy Court for the Middle District of Pennsylvania. Attached is a time-stamped copy of Ms. Hereda's Chapter 7 petition. All proceedings in the above-captioned matter are stayed pending further order of the Bankruptcy Court. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Dated: ~/'D!D ~ By: ~ radford Dorrance I.D. No. 32147 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 ATTORNEYS FOR DEFENDANT '. (Offi~ial Form 1) (12/03) FORM B1 United States Bankruptcy Court Voluutary Petition Middle District of Pennsylvania Name efDebtor (if individual, enter Last, First, Middle): Name of Joint Debtor (Spouse)(Last, First, Middle): Hereda, Lynn N. All Other Names used by the Debtor in the last 6 years All Other Names used by the Joint Debtor in the last 6 years (include married, maiden, and trade names): (include married, maiden, and trade names): Last four digits of Soc. Sec. No. I Complete EIN or other Tax I.D. No. Last four digits of Soc. Sec. No. / Complete EIN or other Tax J.D. No. (if (if maTe than one, state all): more than one, state all): 7966 Street Address of Debtor (No. & Street, Cily, State & Zip Code): Street Address of Joint Debtor (No. & Street, Cily, State & Zip Code): 418 S. York St. Mechanic,bure, PA 17055 County of Residence or of the County of Residence or of the Principal Place of Business: Cumberland Principal Place of Business: Mailing Address of Debtor (if different from street address): Mailing Address of Joint Debtor (if different from street address): Location of Principal Assets of Business Debtor (if different from street address above): Information Regarding the Debtor (Check the Applicable Boxes) Venue (Check any applicable box) 0 Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other District. 0 There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District. Type of Debtor (Check all boxes that apply) Chapter or Section of Bankruptcy Code Under Which 0 Individual(s) o Railroad the Petition is Filed (Check one box) 0 Corporation 0 Stockbroker 0 Chapter 7 o Chapter 11 o Chapter 13 0 Partnership o Commodity Broker 0 Chapter 9 0 Chapter 12 0 Other o Clearing Bank 0 Sec. 304 - Case ancillary to foreIgn proceeding Nature of Debt' (Cbeck one box) Filing Fee (Check one box) 0 ConsumerlNon- Business 0 Business 0' Full Filing Fee Attached Chapter 11 Small Business (Check all boxes that apply) o Filing Fee to be paid in installments (Applicable to individuals only) 0 Debtor is a small business as defined in 11 D.S.C. ~ 101 Must attach signed application for the court's consideration certifying that the debtor is unable to pay fee except in installments. 0 Debtor is and elects to be considered a small business under Rule l006(b), See Official Form No.3. 11 U.S.c. \ 1121(e) (Optional) Statistical/Administrative Information (Estimates only) THIS SPACE IS FOR COURT USE ONLY 0 Debtor estimates that funds will be available for distribution to unsecured creditors. o Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will I he no funds available for distribution to unsecured creditors. I Estimated Number of Creditors 1-]5 16-49 50-99 100-199 200-999 lmlO-over /~:'\: 0 0 0 0 0 0 Estimated Assets $0 to $50,001 to $100.001 to $500,001 to $1,000,001 to $10.000.001 to $50,000,001 to More than Ll /" $50.000 $100.000 $500,000 $1 million $10 million $50 million $10Dmillion $lDO million i 0 0 0 0 0 0 0 0 Estimated Debts $Oto $50.00\ to $100.001 \0 $500,00110 $LOOO,OO1 to $]0.000.00\ to $50.000.001 to More than 5;50.000 $100.000 $500.000 $\ million $10 million $50mi\lion $100 million $JOOmilhon 0 0 0 0 0 0 0 0 . (Official Form 1) (12/03) FORM B1, Page 2 V olun.tary Petition Name ofDebtor(sl.ynn N. Hareda (This page must be compleled andfiled in every case) Prior Bankruptcy Case Filed Within Last 6 Years (If more than one, attach additional sheet) Location Case Number: Date Filed: Where Filed: NONE Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate of this Debtor (If more than one, attach additional sheet) Name of Debtor: Case Number: Date Filed: NONE District: Relationship: Judge: Signatures Signature(s) of Debtor(s) (Individual/Joint) Exbibit A I declare under penalty of perjury that the information provided in this (To be completed if debtor is reiliuired to file periodic reports petition is true and correct. (e.g., fanns IOKand lOQ) with t e Securities and Exchange blf petitioner is an individual whose debts are primarily consumer debts and Commission pursuant to Section 13 or l5(d) of the Securities as chosen to file under chapter 7] 1 am aware that 1 may proceed under Exchange Act of 1934 and is requesting relief under chapter 11) charter 7, I I, 12 or 13 of title 11, United States Code, understand the relief 0 Exhibit A is attached and made a part of this petition. available under each such chapter, and choose to proceed under chapter 7. 1 request relief In accordance with the chapter of title II, United States Code, Exhibit B specified in this petitIOn. X ,,,) t~~L, V\ . ~L-(Z1: ~ (To be completed if debtor is an individual i,\ whose debts are primarily consumer debts) Signature of Der(j 1, the attorney for the petitioner named in the foregoing petition, declare that I have informed the petitioner that [he or she] may proceed under chapter X Not Applicabl 7, 11,,\~: of title 11, United States Code, a d,;;~e explained the relief a under each such chapter. S) I. S Signature of Joint Debtor 07, Lb 0 -STgt;.ature of Attorney for Debtor(s) v , Date Telephone Number (If not represented by attorney) 5Iu>/0!) Exhibit C Date Does the debtor own or have possession of any property that poses ~ 1,,- Sjnature of .fttorney or is alleged to pose a threat of imminent and identifiable harm to X ,'"" P5' public health or safety? S'igoature of Attorney for Debtor(s) Cl Yes, and Exhibit C is attached and made a part ofthis petition. 0 No Bradford Dorrance, 32147 Signature of Non-Attorney Petition Preparer Printed Name of Attorney for Debtor(s)! Bar No. 1 certify that r am a bankruptcy petition preparer as defined in 11 U.S.C 9 110, Keefer Wood Allen & Rabal, LLP that 1 prepared this document for compensation, and that I have provided the debtor with a copy of this document. Firm Name 210 Walnut Street Harrisburg, P A 17101 Not Applicable Address Printed Name of Bankruptcy Petition Preparer Social Security Number (Required by 1] u.s.e. S llO(c).) 717-255.8014 Te1rtt/;;;5'- Address Date Names and Social Security numbers of all other individuals who prepared Signature of Debtor (Corporation/Partnership) or assisted in preparing this document: I declare under penalty ofperjury that the information provided in this petition is true and correct, and that I have been authorized to file this petition on behalf of the debtor. The debtor requests relief in accordance with the chapter of title 11, United States Code, specified 10 this petition. If more than one person prepared this document, attach additional sheets X Not Applicable conforming to the appropriate official fonn for each person. Signature of Authorized Individual Not Applicable X Printed Name of Authorized lndividual Signature of Bankruptcy Petition Preparer Date Title of Authorized Jndividual J:... bankruptcr; petition preparer's failure to comply with the provisions of tJtl~ 11 .and t e Federal Rules of Bankruptcy Procedure may result in fines Date or lmpnsonment or both. Ii USe. ~ ] lO;J 8 U.s.e. ~ ] 56. , . CERTIFICATE OF SERVICE I HEREBY CERTIFY that I am this day serving true and correct copies of the foregoing document upon the person(s) and in the manner indicated below: First-Class Mail. Postaqe Prepaid Addressed as Follows: Burton Neil, Esquire 1060 Andrew Drive Suite 170 West Chester, PA 19380 Dated: S/ri)!oS- ~ Bradford Dorrance f~-~ , >,\ ") \'- r.~~.; (::' BURTON NEIL & ASSOCIATES, P.C. BY: Yale D. Weinstein, Esquire Identification No. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 ATTORNEY FOR: Plaintiff emBANK (SOUTH DAKOTA) N.A. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-3828 LYNN N HEREDA Defendant : CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly discontinue the above-captioned action without prejudice. BY: BURTONNEI The law firm of Burton Neil & Associates is a debt collector. C-1195 1111111111111111111111111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIII11111II1"1111111I11"11"11I11"1111"1~111111I"1II111111"" r': -:.::.~ ....1 'I" ":")