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Home My WebLink About04-5962 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 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. JAMES E ORRIS 7320 Wertzville Road, Carlisle PA 170139024 Defendant NO. (Y..J -S9~:2.... CiL)'tl y~ : 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 TillS 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. TIDS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT IDRING A LAWYER. IF YOU CANNOT AFFORD TO IDRE 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. LA WYER 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-3898 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, SD Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. JAMES E ORRIS 7320 Wertzville Road, Carlisle, PA Defendant : 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 James E Orris, who resides at 7320 Wertzville Road, Carlisle, 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 5424180517965510 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 $9,372.23. Wherefore, plaintiff demands judgment against defendant for the sum of $9,372.23, and the costs of this action. ,- BURTON NEj & ASSOCIA,-~S, p,c. By. ~. L-'( t Burton Neil,~ir Attorney for Plaintiff , The law firm of Burton Neil & Associates, P.e. is a debt collector. '" 07/20/04 !~!~~!!~~fii~I~!~ $9990.47 $9999.99 SITE:KC-CL TM:CO-5000 10/28/04 ACID:KCL5197 18:02:17: ~!~~!~!~~~_!~!@ ~!~!~ji@,m!~!~~@~ JAMES E ORRIS 7320 WERTZVILLE RD CARLISLE 17013-9024000 CITI CARDS P.O. BOX 8118 S HACKENSACK, NJ 07606 -8118 PA Citi~ Driver's Edge~ Card Charter Rebates Account Number 5424 1805 1796 5510 Customer Service: 1-800-866-9900 BOX 6500 SIOUX FALLS, SD 57117 ~. Cltl Total Credit Line $9250 statementl C1051m" Date 06/25/2004 Available Credit Line $0 Amount Over Credit Line $740.47 Cash Advan~e Limit $7000 Past Due $769.80 Available Cash Limit $0 Pur~h/Adv Minimum Due $207.00 Hew Balance $9990.47 Minimum Amount Due $9990.47 Amount Sale Date Post Date Rererence Number 6/25 6/25 6/25 Activity Since Last Statement Standard Purch LATE FEE - MAY PAYMENT PAST DUE 66 0000 OVER CREDIT LIMIT FEE 62 0000 PURCHASES*FINANCE CHARGE*PERIODIC RATE 84 0000 35.00 0000000000 29.00 0000000000 193.76 0000000000 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. Account Summary Previous (+) Purchases (-) Payments (+) FINANCE (=) New Balance & Advances & Credits CHARGE Balance PURCHASES $9,732.71 $64.00 r.oo $193.76 $9,990.47 ADVANCES $0.00 $0.00 0.00 $0.00 $0.00 TOTAL $9,732.71 $64.00 0.00 $193.76 $9,990.47 Days This Billing Period: 30 Rate Summary Balance Subject to Periodic Nominal ANNUAL Finance Charge Rate APR PERCENTAGE RATE PURCHASES Standard Purch $9,826.04 0.06573%(0) 23.990% 23.990% ADVANCES A Standard Adv $0.00 0.06573%(0) 23.990% 23.990% EXHIBIT . . VERIFICATION 1/(r)/ ~I -- 'e-. A M S .al..... . .bank h th .thi j {/ / t;, f2JS0t< IS ttorney anagement pecl 1St lor Cltl (Sout Dakota) N.A. e WI n 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: ) \ll D~ James E Orris 5424180517965510 1( P "'s 1- ~ n ,..., 0 <= ~; <:::) 11 ..r:- ~ * U? "() 1'1 Z ~1I () [:~', (f'" a n1;=- ~ ~::";;1"" ....:::: ;g~ ",. I N ~ UV p:! ~J) <" \.0 ~~ I ~ -u .,1-,., "-t J:; (""; (") I -' >},.~ ......::- ,.-,"', );; c: (.) -c5 - -"I ~ L":'. ?O -...\ --< U'l -< ~. ~ SHERIFF'S RETURN - REGULAR CASE NO: 2004-05962 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS ORRIS JAMES E BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County/Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ORRIS JAMES E the DEFENDANT , at 1938:00 HOURS, on the 9th day of December / 2004 at 7320 WERTZVILLE ROAD CARLISLE, PA 17013 by handing to GINA DONNELLY, GIRLFRIEND a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 5.92 .00 10.00 .00 33.92 .r~~ R. Thomas Kline 12/10/2004 BURTON NEIL Sworn and Subscribed to before By: /M;o Ii,~ Deputy Sheriff .,-tf,... ., - day of me this ,r' , ~UIJ7 A.D. L Cl /1.u~. .--, Prothonotary ,~ CITIBANK (SOUTH DAKOTA) N.A. 701 East 60th StreetN, Sioux Falls, SD 57117 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04-5962 Civil JAMES E ORRIS 7320 Wertzville Road Carlisle P A 17013-9024 Defendant : ClVlL 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: $9,372.23 TOTAL $9,372.23 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities, I verify that: I. 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 20t(b)(t)(A) of the Servicemembers Civil Relief Act of2003 (SCRA), the defendant is not in the military service of the United States based on information received from the defendant and/or the Department of Defense website. I BURTON./l'fElL & ASSOClA TES, P.c. JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN UNDER P .CIV,P. 236 (" BY: / on ei,l, Esquire Attorn y for Plaintiff LD. #11348 1060 Andrew Drive, Suite 170 W. Chester, PA 19380 The law firm of Burton Neil & Associates is a debl colleclor. C-3898 I CITIBANK (SOUTH ?AKOT A) N.A. Plaintjrr vs. ~ I I JAMES E ORRIS I Defenflant I I , TO: James E arrjs 7320 WertzvJille Road Carlisle PA l7013-9024 DATE OF NOTICE: I February 28, 2005 I : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 04-5962 Civil : ClVIL ACTION - LAW Notice of Intention to File Pl'll"ipe for Default Judgment lMPORTANT NOTICE You are in de ult because you have failed to enter a written appearance personally or by attorney and file in writing with tb court your defenses or obligations to the claims set forth apinst you. Unless you act witbin ten (10) days m the date of this notice, ajudgment may be entered against you without a hearing and you may lose your pr erty or other important rights. You should take this notice to your lawyer at once. If you do not have a lawyer r cannot afford one, go to or telephone the following office to find out where you can get legal help. This offi can provide you with information about hiring a lawyer. [fyou cannot afford t hire a lawyer, this office may be able to provide you with information about agencies tbat may offer legal servic 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 BURTON ~ & ASSOCIATES, P.C. / / , BY: ~[l, Esquire Attorney for Plaintiff Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610.696-2120 The firm of Burton NFiI & Associates, P.C. is attempting to collect a debt. , C-3898 ." BURTON NEIL & ASSOCIA TES, P.c. BY: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 Wesl Chester, P A 19380 610-696-2120 A TTORNEY fOR: Plaintiff CITIBANK (SOUTH DAKOTA) N.A. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04-5962 Civil JAMES E ORRlS Defendant : ClVIL ACTION - LAW RULE OF CIVIL PROCEDURE NO. 236 (REVISED) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on (Y) ';J f) r J--- :21 ,J 6&\ 1 Prothonotary ~ ~O~, [J 7r:/?/W~ Deputy If you have any questions concerning the above, please contact: Burton Neil, Esquire Attorney for Party Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610-696-2120 The law firm of Burton Neil & Associates is a debt colleclor. 0:6 cPl\Q ~ \\- ~0 ~t~F- -- ~D ~ g; t -J.... ~ r--- Q '"~o ."(\~}.~ (y,l)') t~:! _' C::~c /~(-, ~> 1...' :;:>- ~--~ ~ -, t-:l = c' ..,.. ~ 50 "" - Q, ..... ~~ ~) \3') :9" :~: ~~ ~?~ ::):':'-j ?")rn :~~ ::> -<. -0 :>: (-:? o oJ:> -