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Home My WebLink About12-0713OE TFIE P 0 HON VARY 2012 FEB - 6 AN 11: 14 CUMBERLAND COUNTY PENNSYLVANIA Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire ID. NO. 209422 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK, N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. GARY BAILEY IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. d0l d-"'7) 9 COI 153 W Louther Street Apartment 1 Carlisle PA 17013-0863 Defendant 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-56116 / 304 av t ° IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION -LAW Complaint 1. Plaintiff is CITIBANK, N.A. with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Gary Bailey who resides 153 W Louther Street Apartment 1, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff is a national banking association, engaged in various types of banking business including consumer lending through the issuance of credit cards. 4. Defendant obtained extensions of credit from Citibank, N.A., successor in interest to Citibank (South Dakota), N.A., by means of a Radioshack credit card account (hereafter the Account) with account number ending in 7766. 5. Citibank (South Dakota), N.A. merged into Citibank, N.A. in or about July 2011. 6. Accurate records of all debits and credits to the Account were maintained by plaintiff. 7. Defendant was provided with monthly statements for the Account including the billing statement attached hereto as Exhibit A (redacted to remove confidential information). The BURTON NEIL & ASSOCIATES, P.C. By: Trenton A. Farmer, Esquire, Id. No. 209422 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK, N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. GARY BAILEY 153 W Louther Street Apartment 1 Carlisle PA 170130863 Defendant monthly statements accurately stated the previous balance and the debits and credits to the V Account for the prior billing period. 8. Defendant had for many months after receipt of a billing statement made payment on the Account or retained the statement without payment. 9. Defendant retained the Exhibit A statement without making payment by the stated due date. 10. Defendant's assent to the Account balance set forth in the Exhibit A statement is manifested through the prior conduct of defendant either making payment on the Account or retaining the statement without payment, after receipt of the monthly billing statements. 11. As a result of said assent, an account stated for the sum of $2,202.72 exists which sum reflects the Exhibit A statement balance less credits, if any, which were applied subsequent to the date of Exhibit A. Wherefore, plaintiff demands judgment against defendant for the sum of $2,202.72, and the costs of this action. Burton Neil & Associates, P.C. By: Tr ton A. Farmer, Es q t u5'ne Attorney for Plaintiff In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. Account Statement Payment Due Date New Balance Your Account Number Amount Minimum Amount Past Due Payment Due Enclosed DECEMBER 16 2009 2 202.72 7766 $700.00 753.00 $ 196 196 x11 t t3 as Rs Please blow payment instructions on reverse side. Minimum Payment Make checks payable to: Due must be received by 5:00 pm local time on Payment Due Date. RADIOSHACK CREDIT PLAN 7766022027200053000075300108 000198 GARY BAILEY 08 o 153 W LOUTHER ST APT 1 AVRS aii? CARLISLE PA 17013-2907 ? {III{{{111{{{111111{{11{{111{1{{1{il{{111{111{{{111111{{{1{II Print address changes above. RADIOSHACK CREDIT PLAN PROCESSING CENTER DES MOINES IA 50364-0001 {1{1{1{{IIHI{{N{{111{11{{{111{{ill{{111111{{{1{11{I{1111{{1{ • Please detach hero. Send Notice of Billing Errors to: RADIOSHACK CREDIT PLAN PO BOX 653054, DALLAS TX 75265-3054 Customer Service: 1-888-316-8480 THIS ACCOUNTISSUED BY C171BANK (SOUTH DAKOTA), N.A. Account: 0 o r o 0 o z o 0 o o 0 a? SEEMS 7788 I Previous Balance I Pavments A Credits 1 Purchases/Other Charaes I Cash Advances I FINANCE CHARGES I New Balance I CURRENT ACTIVIT Y Transaction Date Transactions Amount The "ANNUAL PERCENTAGE RATE on the account" includes all transaction and periodic finance charges imposed this billing period on all balances on which finance charges were imposed. If the "ANNUAL PERCENTAGE RATE on the account" is N/A, no finance charges (after adjustments) were imposed this billing period. Finance charges may be accruing on promotional balances and may be billed to your account under the terms of the promotional offer. Refer to the corresponding APR for the APR that applies to each balance. Please see the enclosed important information regarding your account. Make your monthly RadioShack AnswersPlus payment at your neighborhood RadioShack store. It's fast, easy and convenientl ANNUAL PERCENTAGE RATE on the account: SPECIAL PROMOTIONS Billed Minimum Accrued Previous FINANCE Payments 8 Plan Monthly FINANCE Expiration Balance CHARGES Credits Balance Payment CHARGES Date NO INT FOR 12MOS-PMT REQ $232.48 - $232.48 - Subject to DAILY ANNUAL Billing FINANCE FINANCE Finance Charge Periodic Rate PERCENTAGE RATE Period CHARGES CHARGES urrent Billing er NO INT FOR I2MOS-PMT REQ - 0.08216%(M) 29.99%V 29 - CASH ADVANCES - 0.08216%(M) 29.99%V 29 - REGULAR REVOLVE CREDIT PLAN - 0.08216%(M) 29.99%V 29 - - Previous Billing Period NO INT FOR 12MOS-PMT REQ - 0.08216% 29.99% 32 - NONE " REGULAR REVOLVE CREDIT PLAN - 0.08216% 29.99% 32 C V U 1 D 1 ? r 'The Cash Limit is a portion of your Credit Line V = RATE MAY VARY PAGE 1 OF 1 S3a4RS CSEF01 Verification I, Tiena Reynolds , am employed by Citicorp Credit Services, Inc. (USA) (hereafter CCSI), a subsidiary of Citibank, N.A. (hereafter Citibank), which is successor in interest to Citibank (South Dakota), N.A. CCSI is a service provider for Citibank in that it services credit card accounts owned by Citibank This includes accounts previously owned by Citibank (South Dakota), N.A. which merged into Citibank in or about July 2011. I am authorized to make this verification on behalf of Citibank. The statements of facts set forth in the complaint are true and correct upon my information and belief and are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. I sk'e" Lv-t'? Signature C-56116 Gary Bailey Account number ending 7766 1027 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Q ttp ?t amib""t .r vr., n '. 2012 FEB 28 AM 8: 33 CUMBERLAND COUNTY PENNSYLVANIA Citibank, NA Case Number vs. 2012-713 Gary L. Bailey SHERIFF'S RETURN OF SERVICE 02/24/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Gary L. Bailey, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Gary L. Bailey. Request for service at 153 W. Louther Street, Apartment 1, Carlisle, Pennsylvania 17013 the Defendant was not found. The Carlisle Postmaster has confirmed, Gary L. Bailey has moved and left no forwarding address. SHERIFF COST: $39.00 February 24, 2012 o sou SO ANSWERS, RON R ANDERSON, SHERIFF Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire ID. NO. 209422 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK, N.A. Plaintiff V. GARY BAILEY Defendant cy y. c=' Cy1l : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2012-713-CIVIL : CIVIL ACTION - LAW Praecipe to Discontinue To the Prothonotary: Kindly discontinue the above-captioned action without prejudice. Burton Neil & Associate , P.C. By: renton A. Farmer, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-56116 / 314