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Home My WebLink About04-3888BURTON 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. 701 East 60th Street North, Sioux Falls, SD Plaintiff MYRA A DECKMAN 2741 Lisbum Road, Camp Hill PA 17011-8009 Defendant IN THE COURT OF COMMON PLEAS CLrMBERLAND 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 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-461 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 MYRA A DECKMAN 2741 Lisbum Road, Camp Hill, PA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ' ff- East 60th Street North, Sioux Falls, South Dakota. 2. The defendant is Myra A Deckman, who resides at 2741 Lisbum Road, Camp Hill, 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 of a credit card with account number 4428135552240640 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. CIVIL ACTION - LAW Complaint The plaintiff is Citibank (South Dakota) N.A. with place of business located at 701 9. The amount due plaintiff on the account stated, less credits, if any issued subsequent to the Exhibit A statement, is $10,245.80. Wherefore, plaintiff demands judgment against defendant on Count I for the sum of $10,245.80, and the costs of this action. Count II 10. Plaintiff furnished consumer credit to the defendant by means ora credit card with account number 5410658417105705 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 objecting 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 $8,750.19. Wherefore, plaintiff demands judgment against defendant on Count II for the sum of $8,750.19, and the costs of this action. Count III 16. Plaintiff furnished consumer credit to the defendant by means of a credit card with account number 5424180022394669 hereinafter referred to as the credit card account. 17. Plaintiff maintained an accurate and running record of all debits and credits to the credit card account in its books of account. 18. 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. 19. Defendant received the monthly statements from plaintiff for the credit card account including the statement attached hereto as Exhibit C statement without protest, dispute or objection. 20. Defendant in not protesting, disputing or objecting to the statements including the Exhibit C statement thereby assented and agreed to the correctness of the balance due on the credit card account so as to constitute an account stated. 21. The amount due plaintiff on the account stated, less credits, if any issued subsequent to the Exhibit C statement, is $7,483.05. Wherefore, plaintiffdemands judgment against defendant on Count III for the sum of $7,483.05, and the costs of this action. Attorney for Plaintiff--s. The law finn of Burton Neil & Associates, P.C. is a debt collector. 03/05/04 $10245.80 $9999.99 SITE:KC-CL TM:CO-S000 ACID:KCB7150 !ii~i~..-.'~i~iiiilili ~iEi~iii~§:'~iEi~ !i::ii~i::~ii::~iiii 02 / 12 / 04 19: 28: 12: MYRA A DECKMAN ATTNY ACCOUNT-CODE=LB34 CAMP H[LL 17011-8009000 PA P.O. BOX 8106 S HACKENSACK, 07606-8108 NJ CHOICE' Account Number 4428 1355 5224 0640 02/09/2004 $9500 $0 $745.80 1-800-866-9900 $9500 $0 $10245.80 $862.05 $218.00 $10245.80 ................ J~ ............................................................... ~'i ..... When you pay your bill by check, you authorize us to electronically process your payment. [f your check is processed electronically, your checking account may be debited on the same day we receive the check and it will not be returned with your checking account statement. [f someone other than you or a bill paying service pays your biil, you must give a copy of this notice to them before the payment is sent to us. Help is available! Please call the toll-free number shown above to learn about our special Eayment options. Call Monday - Friday, 7 am to ~ pm, or Saturday, 8 am to 5 pm, Central Time. Please give us the opportunity to assist you. Our records show home phone 717-737-5006. Please update above coupon if ~ncorrect. Previous (+) Purchases (-) Payments Account Summary Balance & Advances & Credits PURCHASES $10,245.80 $0.00 $0.00 ADVANCES $0.00 ~0.00 ~0.00 TOTAL $10,245.80 $0.00 $0.00 Rate Summary Balance Subject to Periodic Finance Charge Rate PURCHASES Standard Purch $0.00 2.33250%(M) ADVANCES Standard Adv $0.00 0.07668%(F) SEND PAYMENTS TO: (+) FINANCE (=) New CHARGE Balance I 0.00 $10,245.80 0o00 $0.00 0.00 $10,245.80 DaysThls BllllnqPerlo¢~: 31 Nominal ANNUAL APR PERCENTAGE RATE 27.990% 27.990% 27.990% 27.990% EXHIBIT 03/0Z/04 $8750.19 $9999.99 SITE:KC-CL TM:CO-S000 ACTD:KCB7150 MYRA A DECKMAN ATTNY ACCOUNT-CODE=LB34 CAMP HILL 17011-8009000 PA P.O. BOX 8105 S HACKENSACK, NJ 07606-8105 Citi® Gold Card 1-800-568-5000 Account Number Ter~ortUllh~qm~lte BOX 6062 5410 6584 1710 5705 ~m~ SIOUX FALLS, SD 02/06/Z004 58000 $0 $8000 $0 58750. 5750.19 5924.39 $287. O0 58750. When you pay your bill by check, you authorize us to electronically process your payment. If your check is processed electronically your checkinq account may be debited on the same day we receive the check and it will not be returned with your checkinq account statement. If someone other than you or a bill paying service pays your bill, you must give a copy of this notice to them before the payment is sent to us. Help is available! Please call the toll-free number shown above to learn about our special Eayment o~tions. Call Monday - Friday, 7 am to ~ pm or ~aturday 8 am to 5 pm, Central Time. Please g ve us the opportunity to assist you. Previous C+) Purchases [-) Payments [+) FINANCE (=) New Acco~ntSummary Balance & Advances & Credits CHARGE Balance PURCHASES $8,750.19 $0.00 $0.00 $0.00 $8,750.19 AOVANCES $0.00 $0.00 $0.00 ~0.00 $0.00 TOTAL $8,750.19 $0.00 $0.00 $0.00 $8,750.19 DaysThr$ Billrng Period: 29 NominaL- ~ ANNUAL Rate Summary Balance Subject to Periodic PURCHASES Standard Purch $0.00 O.07&68%(D) 27.990% ADVANCES Standard Adv $0.00 0.07668%(0) g7.990% 27.990% SEND P~YYENTS TO: 1397 05/03/04 $7483.05 MYRA A DECKMAN ATTNY ACCOUNT-CODE=LB34 CAMP HILL 17011-8009000 PA $9999.99 SITE:KC-CL CITI CARDS P.O. BOX 8105 S HACKENSACK, NJ 07606-8105 TM:CO-5000 04/15/04 ACID:KCB7150 17:39:14: Citi® Driver's Edcje Card Charter Rebates 5424 1800 2239 4669 Customer Service: 1 - 800- 866 - 9900 Total Ore,lit Line 80X 6500 $7000 $~OUX FALLS, SD Clolln Date 5711T 04/07/Z~04 So $7ooo So $483.05 $654.92 $160. oo Help is available! Please call the toll-free number shown above to learn about our special payment options. Call Monday - Friday, ? am to 9 pm, or Saturday, 8 am to 5 pm, Central Time, Please give us the opportunity to assist you. $7483.05 $7483.05 Amount Previous C+) Purchases (-) Payments Account Summary Balance & Advances & Credits PURCHASES $7.345.32 $0.00 $0.00 ADVANCES $137.73 $0.00 40.00 TOTAL $7,483.05 $0.00 $0.00 Rata Summery Balance Subjectto Periodic Finance Charge Rate PURCHASES Standard Purch $0.00 0.07668%(D) AOVANCES Standard Adv $139.27 0.07668%(D) (+)FINANCE (=)New CHARGE Balance 0.00 $7,345.32 0.00 $137.73 0.00 $7,483.05 Nominal ANNUAL APR PERCENTAGE RATE 27.99o EXHIBt.T.o 27.990%27.990% VERIFICATION ~s 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. Myra A Deckman 4428135552240640 CITIBANK (SOUTH DAKOTA) N.A. Plaintiff ro MYRA A. DECKMAN, Defendant : No. : CUMBERLAND ,cOUNTY, : Civil Action - Law 04-3888 CIVIL IN THE COURT OF COMMON PLEAS OF PENNSYLVANIA 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, Dated:~/~ KEEFER WOOD ALLEN & RAHAL, LLP BY:~.~-~-Dorrance I.D. No. 32147 210 Walnut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 1255-8014 ATTORNEYS FOR DEFENDANT CITIBANK (SOUTH DAKOTA) N.A. : Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action - Law MYRA A. DECKMAN, : Defendant : No. 04-3888 CIVIL ANSWER TO COMPLAINT WITH NEW MATTE~ Denied. After reasonable investigation, defendant to form a belief is without knowledge or information sufficient as to the truth of the stated allegation. 2. Admitted. 3. Denied. After reasonable investigation, defendant is without knowledge or information sufficient to form a belief as to the truth of the stated allegation. 4-21. Admitted in part; denied in part. To the extent any allegation deviates from the terms of any 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 (Counts I, II, and III) be dismissed with prejudice, with all costs taxed against plaintiff. NEW MATTER 22. Pursuant to the Fair Debt Collection Practices Act, defendant disputes the validity of the alleged debt and demands verification thereof. 23. Plaintiff has failed to comply with governing Pennsylvania law, including Act 6, Act 91, and/or the Fair Debt Collection Practices Act. 24. Plaintiff has failed to attach any contract to the complaint and has failed to allege any contractual obligation owed by defendant. 24. Defendant defends the complaint based on such other reasons as will become apparent during discovery or at trial. WHEREFORE, complaint be dismissed with prejudice, against plaintiff. Dated: defendant respectfully' requests that the with. all costs taxed By: Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Bradford. Dorrance I.D. No. 32147 210 Waln.ut Street P. O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8014 ATTORNEYS FOR DEFENDANT VERIFICATION matter, R.C.P. I, the undersigned, hereby verify and state that: 1. I am counsel for defendant in the foregoing and I am signing this verification in accordance with Pa. 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. §4904, relating to unsworn falsification to authorities. Bradford Dorrance CE_~RTIFICATE OF SERVIC~ 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, Postace Addressed as Follows: Burton Neil, Esquire 1060 Andrew Drive Suite 170 West Chester, PA 19380 Dated: SHERIFF'S CASE NO: 2004-03888 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS DECFJ~3kN MYRA A RETURN - REGULAR CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within NOTICE was served upon DECKMAN MYRA A DEFENDAiqT , at 0018:53 HOURS, at 2741 LISBURiq ROAr) CAMP HILL, PA 17011 JENISE MILLER (DAUGHTER) a true and attested copy of NOTICE COMPLAINT on the 18th day of August by handing to 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 / ~ day of ~P~t~hono t ar~ So Answers: R. Thomas Kline 08/19/2004 BURTON, NEIL By: & ASSOC. BURTON NEIL & ASSOCIATES, P.C. Burton Neil, Esquire, Id. no. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. Plaintiff MYRA A. DECKMAN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3888 C1VIL ACTION - LAW Plaintiff's Reply to New Matter 22. 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. 23. 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. 24. 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. 24 (sic). 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~il & Associates, P.C. Burton Neil x. Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. BURTON NEIL & ASSOCIATES, P.C. Burton Neil, Esquire Identification No: 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-692-2120 Attomey for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3888 MYRA A. DECKMAN Defendant: CIVIL ACTION - LAW Certificate of Service Burton Neil, Esquire, being duly sworn according to law, deposes and says that he is attorney for plaintiff Citibank (South Dakota) N.A., that he served a true and correct copy of the Plaintiff's Reply to New Matter on defendant's counsel of record, Brad Dorrance, Esquire, by first class mail, postage pre-paid on the date set fort~l~elow. Dated: Burton Neil, Esquire In making this communication, we advise that this office is a debt collector. BURTON NEIL & ASSOCIATES, P.C. Burton Neil, Esquire, Id. no. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-3888 MYRA A. DECKMAN Defendant: CIVIL ACTION - LAW Plaintiff's Reply to New Matter 22. 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. 23. Denied. The allegation fails to set forth any facts to wttich a responsive pleading is required. Pursuant to Pa R.C.P. 1029(d) no responsive pleading is required and the averment is deemed denied. 24. 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. 24 (sic). 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 Neil & Associates, P.C. Burton Neil Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. 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. MYRA A DECKMAN Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-3888 : CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly discontinue the above-captioned action without prejudice. BURToN~EIL & ASSOCIATES, P.C. Burton. Nell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-461