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Home My WebLink About04-3832BURTON NElL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. l 1348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. 701 East 60th Street North, Sioux Falls, SD Plaintiff MARY T JOHNSON 26 Windy Hill Road, Newville PA 17241-9696 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 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 fights 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-765 BURTON NEIL & ASSOCIATES, P.C. By: Burton Nell, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. 701 East 60th Street North, Sioux Falls, SD Plaintiff MARY T JOHNSON 26 Windy Hill Road, Newville, PA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 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 Mary T Johnson, who resides at 26 Windy Hill Road, Newville, 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 5491130145400669 hereinafter referred to as the credit card account. 5. Plaintiffmaintained an accurate and running record of all debits and credits to the credit card account in its hooks of account. 6. Plaintiffmailed 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 plaintiffon the account stated, less credits, if any issued subsequent to the Exhibit A statement, is $10,219.17. Wherefore, plaintiff demands judgment against defendant for the sum of $10,219.17, and the costs of this action. .~-~/'"~]/ I~RTON~NEI( ~/AgSOCIATES, P.C. By: t ~sf.~~ .... ,-~'~_nt6h N~e?, Esquire Attorney for Plaintiff The law firm of Burton Nell & Associates, P.C. is a debt collector. YourAT unfl sa/Card Statement February 19. March 19, 2004 Page 1 of 3 AT&T MARY T JOHNSON DAVID L JOHNSON Account 5491 1301 4540 0669 Calling Card + PIN No Annua~ Fee/Platinum Card How To Reach Us Account Online: www.universalcard.com Customer Service: 1 800 423-4343 or write Cardmember Services, PO Box 44167 Jacksonville, FL 32231-4167 Minimum Payment Due .................................... $10 ~19.17 Due I)ale~ ..................................................... AIY~ 13, 2004 Amount Past Due ............................................... $1,522.06 Amount Over Limit ............................................ $2,019.17 Credit Line ............................................................. $8 200.00 AvailabJe Credit ............................................................ $0.00 Cash Advance Limit ................................................ $100.00 Available Cash Advance Limit .................................... $0.00 Help is available! Please call the toINf/ee number shown above to learn about our special payment options. Please give us the opportunity to assist you. E'reviou~ Ba lance 10,P 19 17 J~ayments air~ Adiustments 0 O0 ~Card Activity 0 00 ]'otal AT&T Services 0 O0 New Balance $10,219.17 Note: Detailed activity starts on page 3. Payment Record Amount Paid:. Date Paid: Check Number: 05491130145400669999999999995307 O ATILT 549l 1301 4540 0669 I,,.lll,,,I,,I.l,l.,I.,,lll,l.,.ll,,I,l.,,ll,.,,I.l,ll,,I,,,ll Ill.,,I,.,I.II,,ll.,,,ll.,I,,I,,..ll,,,ll,l.,ll.,,ll MARY T JOHNSON AT&T UNIVERSAL CARD DAVID L JOHNSON P.O. BOX 8114 ATTNY ACCOUNT-CODE=LB34 S HACKENSACK, NJ 07606-8114 NEWV]LLE PA 17241-9696 II,l,l,,llllll,,I,l,l,l,llll,,ll,ll,,,llllll,,ll,,I,II,llll,,I EXHIBIT MARY T JOHNSON DAVID L JOHNSON Account 5491 1301 4540 0688 February 19 - March 19, 2004 Page 2 of 3 AT T In the return envelope, please: En~ ~oar cb~ckor mor, L3'order. Irc. Jude your account number and name on the front of your check or money order. Please, no cash or foreign currency. F. nClMC )'our pa3~ncnt coapix]. Do not staple or tape it to your payment. Insert the payment coupon so that the entire AT&T Universal Card address appears through the window of your remittance envelope. MARY T JOHNSON DAVID L JOHNSON Account 5491 1301 45~ 0689 February 19 - March 19, 2004 Page 3 of 3 AT T Finance Charges ............................................................................................................................................. 0.00 Total MaaterCard Activity ........................................................................................................................... ~0.00 Total MasterCard Purchases ............................................. $0.00 Cash Advance Limit ................................ $t00.00' *This represents a portion of your total credlt line. PURCHASES Total FINANCE CHARGE = $0.00 AT&T Universal Calling Card Calls ......................................................................................................... $0,00 VERIFICATION '~tlPO Ct'o$$ 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 unswom falsification to authorities. Mary T. Johnson 549! 130145400669 SHERIFF' S RETURN - CASE NO: 2004-03832 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS JOHNSON MARY T REGULAR GERALD WORTHINGTON , Cumberland County, Pennsylvania, says, the within NOTICE JOHNSON MARY T DEFENDANT , at 0019:40 HOURS, at 26 WINDY HILL ROAD NEWVILLE, PA 17241 ANGELA WYATT (ADULT SISTER) a true and attested copy of NOTICE COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according was served upon on the 13th day of August by handing to to law, the , 2004 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.36 Affidavit .00 Surcharge 10.00 .00 38.36 Sworn and Subscribed to before me this ;~3~ day of R. Thomas Kline 08/16/2004 BURTON NEIL & ASSOCIATES Deputy Sh~ff CITIBANK (SOUTH DAKOTA) N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff VS. MARY T JOHNSON 26 Windy Hill Road Newville PA 17241-9696 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3832 : CIVIL ACTION - LAW 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 agffmst the defendant, and assess damages as follows: Principal: $10,219.17 TOTAL $10,219.17 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S, ~ 4904 relating to tmsworn falsification to authorities, I verify that: I. The above are the precise last-known addresses of the judgment debtor and crecFltor. 2. ]'he 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 th/s 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. ~l BURTONN~L& AssO/2iATES, P.C. JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. Pro Prothonotary ' f BY: Burton l~eil, Ese uire Attorney for Plamtiff LD. #11348 1060 Andrew Drive, Suite 170 W. Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C-765 CiTiBANK (SOUTH DAKOTA) N.A. Plaintiff VS. MARY T JOI-INSON Defendant : IN THE COUKT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-3832 : CIVIL ACTION - LAW Notice of Intentlon to File Praecipe for Default Judgment TO: Mary T Johnson 26 Windy Hill Road Newville PA 17241-9696 DATE OF NOTICE: September 7, 2004 IMPORTANT NOTICE You are in default because you have failed to ~nter a written appearance personally or by attorney and ~le 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 hnporta~t d~hts. You should take this notice to your lawyer at once. If you do not have a lawyer or emmet afford one, go to or telephone the fo]lowing office to find out where you eau get legal help. Tltis office cmn 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 agenoics that may offer legal services to eligible persoas at a reduced fee or no fee. LAWYER REFERENCE AND INFORMATION SERV/CE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone Ne. 717-249-3166 or 800-990-910~~ BY: . /. B~0n~ Neil, Esqu/rex'~ Attorney for Plaintiff Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-69fi-2120 The £~ of Burton Neff & Associates, P.C. is attempting to collect a debt. C-765