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HomeMy WebLinkAbout04-5034 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. 701 East 60th Street North Sioux Falls, South Dakota Plaintiff : IN THE COURT OF COMMON PLEAS LUTHER MURPHY 1002 Oriole Drive #L37 Mechanicsburg, P A 17050 Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - .$t)~Lf (2iui.C-T~ v. : 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 hy attorney and filing in writing with the court your defenses or objections to Ihe 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LA WYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 800-990-9108 14.1326 BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 WestChester,PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. 701 East 60th Street North Sioux Falls, South Dakota Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. LUTHER MURPHY 1002 Oriole Drive #L37 Mechanicsburg, P A 17050 Defendant NO. D4 - SC3.~ C!.;u~L'-r~ : 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 LUTHER MURPHY, who resides at 1002 Oriole Drive #L37, 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. 4. Plaintiff furnished consumer credit to the defendant by means of a credit card with account number 5410654796064514 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. 9. The amount due plaintiff on the account stated, less credits, if any issued subsequent to the Exhibit A statement. is $8,861.84. Wherefore, plaintiff demands judgment against defendant for the sum of $8,861.84, and the costs of this action. BURTON NEIY& ASSO~IA TES, P .C. . .....:: ,~ I / ~i_) By. __.~_, Burton Neil Esquire Attorney fo Plaintiff In making this communication, we advise our firm is a debt collector. 07/12/04 @!li1lllml'lWi $9999.99 \'~m#\l#.M@i $8861.84 '~~$iWMr~~ SITE:KC-CL LUTHER MURPHY ATTNY ACCOUNT-CODE=FN34 SU ITE 8 GREENSBURG 15601-3316000 CIT! CARDS P.O. BOX 8112 S HACKENSACK. NJ 07606-8112 PA Citi'" Platinum Select'" Card Account Numtlef 5410 6547 9606 4514 Custom.. Service: t-800-950-5114 80 X 6062 SIOUX FAllS. SD S7117 Total Credit L.lne $8000 statem.nf! Closing' Dati' 06/17/2004 AvtJlabr~ Credit LIne $0 Amount O...er Cr.dH LIlle $861.84 C"$h Advan(:e Limit $5000 Past DUll! $6169.16 5ale Date Post Date Reference Number ActIVity Since last Statlll!1ent A.mQunt Account Summary PURCHASES ADVANCES TOTAL Rate Summery . 'S I' ~; , C I' .'" .;, ...."......Hll AUv Available Cash limit $0 Purch/Adv Minimum Due $184.00 Help is available! Please call the toll-free number shown above to learn about our special payment options. Call Monday - Friday, 7 am to 9 pm, or Saturday, 8 am to 5 pm, Central Time. Please give us the opportunity to assist you. Previous "alenee $8.861. 84 $0.00 $8,861. 84 (+) Purch~ses & Advances ~0.00 0.00 0.00 (-) Peyments & Credits ~0.00 0.00 0.00 (+)TINANCE CHARGE ~0.00 0.00 0.00 TM:CO-5000 07/01/04 _. Cltl New l!Ial.nce $8861. 84 MinImum Amount Due $8861.84 (=) New 681ance $8.861. 84 $0.00 $8.861.84 Days ThIs Billing PeriOd; 30 Nomll")al ANNUAL 24. '1';V!U ............-~~~....... ~ - ...........". ACID:KCB7150 18:10:50: EXHIBIT'V' A B8lanc:e Subject to t""T~.,..... ~ ,...I.~_ Periodic o,,+.'" $u.uv v.lJ6v..f/';U\Lij VERIFICATION SUSAN CARE~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 unsworn falsification to authorities. Date: '6(ol~ LUTHER MURPHY 5410654796064514 .f L o }? "'10. ]::J lrt f- t. !'l n ........ ~ () t''',) , f? ~ 8 ~ - V-' ~ ,.., I Y (i, (; ~ - i ,:; -~ - ,i-' ...:r:- if " -,..- ~ CITIBANK (SOUTH DAKOTA) N.A. 701 East 601b Street North Sioux Falls, SD 57117 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 04-5034 CIVIL TERM LUTHER MURPHY 1002 Oriole Drive #L37 Mechanicsburg, P A 17050 Defendant : 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: Credit: $8,861.84 -0.00 TOTAL $8,861.84 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment 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) ofthe Servicemembers Civil Relief Act of2003 (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. OClATES, P.C. JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. NOTICE G~VEN UND~CIV.P. 236 Q:~l:ta; ~ ~ BY: ./{ Burton Ne I, Esquire Attorney r Plaintiff J.D. #113 8 1060 Andrew Drive, Suite 170 W. Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. 14.1326 ,- CITIBANK (SOUTH DAKOTA) NA Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. Defendant : NO. 04-5034 CIVIL TERM : CIVIL ACTION - LAW LUTHER MURPHY Notice of Intention to File Praecipe for Default Judgment TO: LUTHER MURPHY 1002 ORIOLE DRIVE #L37 MECHANICSBURG, PA 17050 DATE OF NOTICE: November 29,2004 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file 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 important rights. You should take this notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help. This office canprovide 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 Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 800-990-9108 BY: ~ / BURTN NEIL & ASSOCIATES, P.C. ./1. ;.; Burt~,~..~.~.r,'Esc...uire Alturney for Plaintiff Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 In making this communication, we advise that this office is a debt collector. ...., ~ ~ Ii --ls. ~ () f{ (). "- ~ r ~ - ~ ~ cv ~ -c:: (U ::t:::> .... f" t: K ---z. SHERIFF'S RETURN - REGULAR CASE NO: 2004-05034 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS MURPHY LUTHER VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MURPHY LUTHER the DEFENDANT , at 1917:00 HOURS, on the 27th day of October 2004 at 1002 ORIOLE DRIVE #L37 MECHANICSBURG, PA 17050 by handing to LUTHER MURPHY a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.14 .00 10.00 .00 36.14 So Answers: ?:>""'J;:{:<!~.":';:::/~~.P R. Thomas Kline 10/28/2004 BURTON NEIL & ASSOC me this ~ J.j~ day of tI L: V7~ Deputy She iff Sworn and Subscribed to before By: PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) Pa.R.C.P. S 3103 to 3149 CITIBANK SOUTH DAKOTA N.A. Plaintiff : IN THE COURT OF COMMON PLEAS VS. LUTHER MURPHY Defendant( s) : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-5034CIVIL M&TBANK Garnishee( s) : CIVIL ACTION - LAW / To the Prothonotary: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER I. Directed to the Sheriff of Cumberland County, Pennsylvania 2. 3. against and against LUTHER MURPHY M&TBANK , Defendant( s ) , Garnishee(s) 4. and index this writ (a) against (b) against Defendant( s) Garnishee(s) as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (specifically describe property) NO LEVY-GARNISHMENT ONLY Serve interrogatories on garnishee at: 1958 Spring Road, Carlisle, P A 17013 Amount Due Interest from 12/21104 Total *Plus writ costs Dated: November 15,2005 5. $8,861.84 $497.98 $9,359.82* ...-'- -- --~:t~i:Il, EsqUire Attorney for Plaintiff NOTE: Under paragraph 1 when the writ is directed to sheriff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the count in which issued. Paragraph 3 above should be completed only if indexing of the execution in the county of issuance is desired as authorized by Rule 3104(a). When the writ issued to another county indexing is required as of course in that county. See Rule 3104(b). Paragraph 4(b) should be completed only if real property in the name of the garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). The finn of Burton Neil & Associates, P.C. is attempting to collect a debt. r'~) c> C:::) .... - --\'j <:-.\..) ':u"l ::- ~,-~ - ? J r r','" -' w ~ '" ...... c- '" ~ ..r: ~ ;1 - -"> v-, to:") '-' ,or:::; -<:. '0 c..:.' :< ~ 0 ~, '" ~ ~ "" - V', ~ -q '" v-, ,.f, Ir, ~ 2- ~ (r '0, ~ -"- c' f ".... Goo V1 ~ r- ~ f ~ [' ~ WRIT OF EXECUTION andlor A TT ACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N004-5034 Civil CIVIL ACTION -- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIBANK SOUTH DAKOTA N A Plaintiff (s) From LUTHER MURPHY (1) You are directed to levy upon the property of the defendant (s)and to sell NO LEVY. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession ofM&T BANK 1958 SPRING ROAD, CARLISLE, PA.17013 GARNISHEE(S) as follows: GARNISHMENT ONLY - 1958 SPRING ROAD CARLISLE P A 17013 and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied npon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$ 8,861.84 Interest FROM 12/21/04 $ 497.98 L.L.$ 0.50 Atty's Comrn % Due Prothy $1.00 Atty Paid $ II8.14 Plaintiff Paid Date: NOVEMBER 23, 2005 Other Costs$0.50 TAX (Seal) By: Deputy REQUESTING PARTY: Name BURTON NEIL Address: 1060 ANDREW DRIVE STE 170 WEST CHESTER, PA.19380 Attorney for: PLAINTIFF Telephone: (610)696-2120 Supreme Court ID No. 39688 SHERIFF'S RETURN - GARNISHEE CASE NO: 2004-05034 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS MURPHY LUTHER And now KENNETH GOSSERT ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0014:45 Hours, on the 1st day of December, 2005, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT MURPHY LUTHER , in the hands, possession, or control of the within named Garnishee M & T BANK 812 & 1/2 W HIGH ST CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to CARIE DERICK (SR. TELLER) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge .00 .00 .00 .00 .00 .00 S~?~~~ R. Thomas Kline Sheriff of Cumberland County 12/02/2005 By Sworn and subscribed to before me , '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 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. LUTHER MURPHY Defendant : NO. 04-5034CIVIL and M&TBANK Garnishee : CIVIL ACTION - LAW Praecipe to Dissolve Attachment To the Prothonotary: Dissolve the attachment against M&T BANK, garnishee. BURTON,NEIt &AS~CIATES, P.C. , BY: . t!::~~i Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector T-1655 111111111111111I111111111111111111111111 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111I1111111111111 (:) ~ 7? \.. .\) ~ - <:j - ~ \"L ...::t ~ I ~t>1 ,- -,..- ....::: ------ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) N004-5034 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITffiANK SOUTH DAKOTA N A Plaintiff (s) From LUTHER MURPHY (1) You are directed to levy upon the property of the defendant (s)and to sell NO LEVY . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession ofM&T BANK 1958 SPRING ROAD, CARLISLE, PA.17013 GARNISHEE(S) as follows: GARNISHMENT ONLY - 1958 SPRING ROAD CARLISLE P A 17013 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property ofthe defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$ 8,861.84 Interest FROM 12/21/04 $ 497.98 L.L.$ 0.50 Atty's Comm % Due Prothy $1.00 Atty Paid $ 118.14 Plaintiff Paid Date: NOVEMBER 23, 2005 Other Costs$0.50 TAX (Seal) By: Deputy REQUESTING PARTY: Name BURTON NEIL Address: 1060 ANDREW DRIVE STE 170 WEST CHESTER, PA. 19380 Attorney for: PLAINTIFF Telephone: (610)696-2120 Supreme Court ID No. 39688 OoJ . r, L R. Thomas Kline, Sheriff, who being duly sworn according to law, states this Writ is returned ABANDONED, no action taken in six months. Sheriffs Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Misc. Surcharge Levy Post Pone Sale Certified Mail Postage Garnishee TOTAL ~ ~ 18.00 1.67 Advance Costs: 150.00 Sheriffs Costs 84.97 65.03 .50 . 1.00 4.80 Refunded to Atty on 5/16/06 30.00 20.00 9.00 84.97 ~ S/.1// ()~ SOAn~~._ // I' ~~-~ () --t.: ~ ~ " By SZ :( d QZ AON. Vd .,\.1.H000 ON\rnt38Ht\a .4JHIJHS 3M! .10 3:J1.4.:Ml ~(/) ~~f./~ . :/ ".' ,~v/. ..~~"" v~/ ~::;.. O'L ':)lJ 111 I~ 17~S'iD . ~1) I.