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Home My WebLink About04-3885BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attomey for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. 701 East 60th Street North, Sioux Falls, SD Plaintiff TIM D COLE aka TIMOTHY D COLE 711 Robert Street, Mechanicsburg PA 17055-3448 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 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 WttERE 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-1362 BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite i70 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. 701 East 60th Street North, Sioux Falls, SD Plaintiff TIM D COLE aka TIMOTHY D COLE 711 Robert Street, Mechanicsburg, PA Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA o CIVIL ACTION - LAW Complaint 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 Tim D Cole aka Timothy D Cole, who resides at 711 Robert Street, Mechanicsburg, 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. Count I 4. Plaintiff furnished consumer credit to the defendant by means ora credit card with account number 5424180343660541 hereinafter referred to as the credit card account. 5. Plaintiff maintained an accurate and ranning record of all debits and credits to the credit card account in its books 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 plaintiff on the account stated, less credits, if any issued subsequent to the Exhibit A statement, is $6,495.01. Wherefore, plaintiffdemands judgment against defendant on Count I for the sum of $6,495.01, and the costs of this action. Count II 10. Plaintiff furnished consumer credit to the defendant by means of a credit card with account number 5424180652711414 hereinafter referred to as the credit card account. 11. Plaintiff maintained an accurate and running record of all debits and credits to the credit card account in its books of account. 12. 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. 13. Defendant received the monthly statements from plaintiff for the credit card account including the statement attached hereto as Exhibit B statement without protest, dispute or objection. 14. Defendant in not protesting, disputing or object'rog to the statements including the Exhibit B statement thereby assented and agreed to the correctness of the balance due on the credit card account so as to constitute an account stated. 15. The amount due plaintiff on the account stated, less credits, if any issued subsequent to the Exhibit B statement, is $5,344.74. Wherefore, plaintiff demands judgment against defendant on Count II for the sum of $5,344.74, and the costs of this action. BURTON N~ & ASSOCIATES, P.C. '-~A ~ur ti°rnneyNeifol[ ~iSa~nU} ;~f The law firm of Burton Neil & Associates, P.C. is a debt collector. TIM D COLE 711 ROBERT ST MECHANICSBURG 17055-3448000 04/27/04 $6495.01 PA $9999.9~ SITE:KC-CL CITI CARDS P.O. BOX 8102 S HACKENSACK, NJ 07606-8102 TM:CO-5000 os/os/o4 ACID:KCB7150 18;00:48: Citr Platinum Select' Card 5424 1803 4366 0541 Customer Selqmice: 1-800-950-6114 Total Credit Lme BOX 6500 $5800 SIOUX FALLS, SD Clos~n Data 57117 04/02/2~04 4/02 4/02 4/02 $o $3oo $695.01 $772.46 Standard Purch LATE FEE - MAR PAYNENT PAST DUE 66 0000 OVER CREDIT LIMIT FEE 62 0000 PURCHASES*FINANCE CHARGE*PERIODIC RATE 84 0000 Purch/Adv Minimum Due $151.06 Help is available! Please call the toll-free number shown above to learn about our special ~ayment o~tions. Call Monday - Friday, 7 am to v pm, or maturday, 8 am to 5 pm, Central Time. Please give us the opportunity to assist you. New Balance $6495.01 Minimum Amount DUe $6495.01 35.00 0000000000 35.00 0000000000 146.06 0000000000 Previous (+) Purchases (-) Payments Account Summary Balance & Advances & Credits PURCHASES $6,278.95 $70.00 $0.00 ADVANCES $0.00 $0.00 $0.00 TOTAL $6,278.95 $70.00 $0.00 Rate Summary PURCHASES Standard Purch ADVANCES Standard Adv Balance Subjec~to Finance Charge $6,349.27 $o.oo Periodic Rate 0.07668%(D) 0. 07668%(D) (+} FINANCE (=) New CHARGE Balance $146,06 $6,495.01 $0.00 $0.00 $146.06 $6,495.01 Days This g[llln~ Period: 30 Nominal ANNUAL APR PERCENTAGE RATE 27.990% EXHiE [ o% 27.990% uA Tiff D COLE 711 ROBERT ST MECHANICSBURG 17055-3448000 04/30/04 $5344.74 PA SITE:K¢-CL TM:CO~5000 05/05/04 C[TI CARD5 P.O. 80X 8104 S HACKENSACK, NJ 07606-8104 ACZD:KCB7150 18:00;48: Citi* Smart Card $4500 $0 $1400 $0 $5344.74 57z17 04/06/2004 $844.74 $533.68 $132.81 $5344.74 Standard Purch 4/06 LATE FEE - NAR PAYMENT PAST DUE 35,00 66 0000 0000000000 4/06 OVER CREDIT LIMIT FEE 35.00 Help is available! Please ca]l the to)l~free number shown above to learn about our special ~ayment oEtions. CMl) Monday - Friday, 7 am to y pm, or baturday 8 am to 5 pm. Central Time. P ease give us the opportunity to assist you. Previous (+) Purchases (-) Payments Account Summary Balance & Advances & Credits PURCHASES $5,146.93 $70.00 $0.00 ADVANCES $0.00 $0o00 ~0.00 TOTAL $5,146.93 $70.00 $0.00 Balance Su~ec{to Periodic Rate Summary Finance Charge Rate PURCHASES Standard Parch $770.66 0,07668%(D) Offer 4 $4,437.91 0.07668%(0) ADVANCES Standard Adv $0,00 0.07668%(D) (+) FINANCE (=) New CHARGE Balance $127,81 $5,344.74 $0.00 $0,00 $127,81 $5,344.74 Nomlnal ANNUAL APR PERCENTAGERATE Z7,990% g~.990% VERIHCATION 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 tree 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. Tim D Cole 5424180343660541 SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-03885 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS COLE TIM D AKA TIMOTHY D COLE R. Thomas Kline duly sworn according to law, says, that he made a diligent inquiry for the within named DEFENDANT COLE TIM D AKA TIMOTHY D COLE unable to locate Him in his bailiwick. COMPLAINT & NOTICE , ,Sheriff or Deputy Sheriff, who being search and but was He therefore returns the the within named DEFENDANT 711 ROBERT STREET MECHANICSBURG, PA 17055 DEFENDANT'S NEW ADDRESS IS 67 LAKE DRIVE MIDDLETOWN, PA 17057. Sheriff's Costs: Docketing 18.00 Service 7.40 Not Found 5.00 Surcharge 10.00 .00 40.40 , NOT FOUND , COLE TIM D AKA TIMOTHY D COLE So answers:~ ....... ~.-~7~'~ --R. Thomas Kl~-h-e Sheriff of Cumberland County BURTON NEIL 08/27/2004 Sworn and subscribed to before me this /~z~ day of.~,.~ ,::,%6'0 ~* A.D. p~t arq ~L~, ~z~ as to 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) N.A. Plaintiff VS. TIM D COLE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3885 Civil : CIVIL ACTION - LAW PRAECI]?E TO DISCONTINUE TO THE PROTHONOTARY: Kindly discontinue the above-captioned action without prejudice, BURTON NI~JI, & ASSOCIATES, P.C. BY: Burton Neil, Esquire Attorney for Plaintiff The law firmofBurtonNeil&Associatesis a debt collector. C-1362 C-1367