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Home My WebLink About04-3835BURTON NElL & 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) N.A. 701 East 60th Street North, Sioux Falls, SD Plaintiff BP, lAN D L1NDSEY 10 Hershey Road, #1040, Sl:fippensburg PA 17257 Defendant 1N 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 attomey 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 C304 BURTON NElL & 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) N.A. 701 East 60th Street North, Sioux Falls, SD Pla'mtiff BRIAN D LINDSEY 10 Hershey Road, #I 040, Newville, PA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O~/- 37J~~ Defendant CIVIL ACTION - LAW Complaint 1. The plaintiffis Citibank (South Dakota) N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. The defendant is Brian D Lindsey, who resides at 10 Hershey Road, #I 040, 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 5424180342739775 hereinafter referred to as the credit card account. 5. Pla'mtiffmaintained 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 mount due plaintiffon the account stated, less credits, if any issued subsequent to the Exhibit A statement, is $15,338.94. Wherefore, plaintiffdemands judgment against defendant for the sum of $15,338.94, and the costs of this action. BU SSOCIATES, P.C. / By: ~ (~.....,~,~Burt--6 n/Neil, Esquire -- Attorney for Plaintiff The law finn of Burton Neil & Associates, P.C. is a debt collector[ 02/07/04 $15338.94 $9999.99 SITE:KC-CL TM:CO-SO00 ACID: KCB71§O :~:: :=:= ........................... :~.:,~.,..:;:~:~=~':~'~:<'~'~:.. ,. ~. OZ/'04/04 Z 9: 36: 35: 8RIAfl D L[NDS£Y PO 80X 331 NEWVILLE 17241-0331000 PA P.O. BOX 8108 S HACKENSACR, NJ 07606-8108 Citi'.Driver's Edge® Platinum Select'Card-Charter Rbts 5424 1803 4273 9775 01/13/Z004 $13200 $0 $;'].38.94 800- 756-4000 ~o,,~.t~ee.ema,~m~ 80X 6500 ~.*ma~S~r~sm¢~ne~ SIOUX FALLS, SO r, et prmerve ~e~r rmlt~ 57117 $5100 $0 $15338.94 $].853.70 $374,96 $~.5338.94 Standard Purch 1/13 LATE FEE - DEC PAYMENT PAST DUE 66 0000 1/13 OVER CREDIT LIHIT FEE 62 0000 1/13 PURCHASES*FINANCE CHARGE*PERIODIC RATE 84 0000 Balance Transfer - Charged To Offer 4 1/13 PURCHASES*FINANCE CHARGE*PERIODIC RATE 84 0000 Balance Transfer * Charged To Offer 6 1/13 PURCHASES*FINANCE CHARGE*PERIODIC RATE 84 0000 35,00 0000000000 35.00 0000000000 8.15 0000000000 316.87 0000000000 44,94 0000000000 Help is available! Please call the toll-free number shown above to learn about our special ~ayment o~tions. Cull ~onday ~ Friday, 7 am to ~ pm, or )aturday, 8 am to 5 pm, Central Time. Please give us the opportunity to assist you. Previous (+) Purchases (-] Payments ,ccountSummary Balance & Advances & Credits RCHASES $14,898,98 $~0.00 $0,00 VAHCES $0.00 $0.00 $0.00 TAL 514,898.98 $70,00 $0.00 Balance Subjec~to Peciod[c la Summary Finance Charge ~ate CHASES )ndard Purch $33Z.18 0.07668%(0) 'er 4 $~Z,913.67 0.07668%(0) er 6 $1,831.58 0.07668%(D) NCES ndard Adv 50,00 0.07668%(0) (+) FINANCE (~ New CHARGE 8a)ance 5369.96 $].5,338.94 $0.00 50.00 $369.96 $15,338,94 Nominal ANNUAL APR PERCENTAGE RATE 27.990% 27,990% 27.990% 27.990% VERIFICATION 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 belie£ 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. Brian D Lindsey 5424180342739775 SHERIFF'S CASE NO: 2004-03835 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS LINDSEY BRIAN D RETURN - REGULAR SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LINDSEY BRIAN D DEFENDANT , at 1755:00 HOURS, at 220 SHIPPENSBURG MOBILE EST SHIPPENSBURG, PA 17257 BRIAN LINDSEY a true and attested copy of COMPLAINT & NOTICE on the 12th day of Auqust by handing to the , 2004 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.80 Affidavit .00 Surcharge 10.00 .00 42.80 Sworn and Subscribed to before me this /~¢~- day of So Answers: R. Thomas Kline 08/13/2004 BURTON NEIL & ASSOC Deputy Sheriff CITIBANK (SOUTH DAKOTA) N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff VS. BRIAN D L1NDSEY 10 Hershey Road, #1040 Shippensburg PA 17257 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3835 : 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 against the defendant, and assess damages as follows: Principal: $15,338.94 TOTAL $15,338.94 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 judgrnent 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 Servicernembers Civil Relief Act of 2003 (SCRA), the defendant is not in the military service of the United States based on information rec~(~ed from the defendant and/or the Department of Defense website. · JUDGMENT BY DEFAULT ENTERED BURTON N~L & ASSOCIATES, P.C. AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN UNDE]R~A.R. CIV.P. 236 Pro Prothonotary ~ Burton Ne/l, Esquire Attorney for Plaintiff I.D. #11348 1060 Andrew Drive, Suite 170 W. Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C304 CITIBANK (SOUTH DAKOTA) Plaintiff VS. BKIAN D LINDSEY Defendant IN THE COURT OF COMMON PLEAS CUNffiEKLAND COUNTY, PENNSYLVANIA NO. 04-3835 : CIVIL ACTION - LAW Notice of Intention to File Praecipe for Default Judgment TO: Brian D Liadsey 10 Hershey Road, #1040 Shippansburg PA 17257 DATE OF NOTICE: September 7, 2004 IMPORTANT NOTICB You are in default because you have failed to enter a written appearance personally or by attorney lind file in writing with the court your defea~ses or obligations to the claims set fo~h against you. Unless you act within ton (1 O) days fi'om the date of this notice, a judgmant may be ~ntered agsln~ you without a hearing and you may lose your property or other important rights. Yo~! should take this notice to your lawyer at once. If you do not have a lawyer or c-~not afford one, go to or telephone the following office to find out where you can get legal help. This office can provide you with information about h/ring a lawyer. If you cannot afford to ~ a lawyer, this office may be able to provide you wi~h information about agencies that may offer legal services to eligible persons at a reduced fee or no fee, LAWYER. REFERENCE AND INFORMATION SEKVICE Cuxnberland County Bar Assoc. 32.South Bedford Street ' Carlisle, PA 17013 Telephone No. 717-249-316~ or 800-990-9108 BURTON ~ASSOClATES, P.C. Bun~ Nell, Esquire Attorney for Plaintiff Iclea~ification No. 11348 1060 Andrew Driw, Suit~ 170 West Chester, PA I9380 610-696-2120 The firm of Burton Neff & Assooiat~s, P.C. is attempting to collect a debt C304