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Home My WebLink About04-6335BURTON NEll & 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 Vo JENNIFER A MILLER 10910 Thornwood Road, Shippensburg PA 172579399 Defendant · NO. ([])L] __ ~- 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 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-3955, C4238 BURTON NElL & 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. '/01 East 60th Street North, Sioux Falls, SD Plaintiff V. JENNIFER A MILLER 10910 Thornwood Road, Shippensburg, PA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · 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 Jennifer A Miller, who resides at 10910 Thomwood Road, Shippensburg, 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(n) AT&T Univsersal credit card with account number 5491130331940155 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 t5om 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 $6,908.25. Wherefore, plaintiff demands judgment against defendant for the sum of $6,908.25, 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 5424180363288280 hereinafter referred to as the credit card account. 11. Plaintiff maintained an accurate and nmning 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 $5,707.83. Wherefore, plaintiff demands judgment against defendant for the sum Of $ 5,707.83, and the costs of this action. The law firm of Burton Neil & Associates, P.C. BURT L & ASSpCIATES, P.C. ....... Burtbn N~)l,~.sq. uire Attorney for Plaintiff THE SIGNATURE ABOVE CERTIFIES THAT THIS IS A is a debt collector. TRUE AND CORRECT COPY OF THE ORIGINAL FILE IN THIS CAUSE Your A3~T Un/~rsa/Car~ Statement August 4 - September 2, 2004 JENNIFER A MILLER Account 5491 1303 3194 0155 Calling Card + PIN No Annual Fee/Platinum Card OUnh/ersal Card Page 1 ot 3 How To Reach Us Visit: www.universalcard.com Customer Service: 1 800 423-4343 or write Cardmember Services, PO Box 44167 Jacksonville, FL 32231-4167 Minimum Payment Due ...................................... $1,035.79 Due Date~ .......................................... September 28, 2004 *Pwment must be received by 1:00 pm local time on the payment due date. Amount Past Due .................................................. $469.64 Amount Over Limit ............................................... $408.25 Credit Line ............................................................. $6,500.00 Available Credit ............................................................ $0.00 Cash Advance Limit ................................................ $500.00 Available Cash Advance Limit .................................... $0.00 Previous Balance 6,681.35 Payments add Adjustments 0.00 MasterCardW Activity 226.90 Total AT&T Services 0.00 New Balance $6,908.25 Note: Detailed activity starts on page 3. Please pay the Minimum Amount Due shown. Your account is past due and your balance is over the credit line. Regular monthly payments will help establish a good payment history with us. If you have already sent this payment, thank you. IMPORTANT INFORMATION ABOUT CREDIT REPORTING WE MAY REPORT INFORMATION ABOUT YOUR ACCOUNT TO CREDIT BUREAUS. LATE PAYMENTS, MISSED PAYMENTS, OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE REFLECTED IN YOUR CREDIT REPORT. Payment Record Amount Paid: Date Paid: Check Number: Please follow payment Instructions outlined in the "important Instructions for Mal(Inq Payments" section of the statement. 10OZS HC 52 A 1 AR7050786 I,,,llh,,h,l,l,hhl,,,Ihl .... Ihhh,hh,,,,lllh,,h,,ll IIh,,h,,I,Ih,lh,,,Ih,l,,h,,,llll ..... hllh,,I JENNIFER A MILLER AT&T UNIVERSAL CARD 109].0 THORNW00D RD P.O. BOX 8102 SHIPPENSBURG PA 17257-9399 S HACKENSACK, NJ07606-8102 Ih hh,lllllh,l,,llll,h,l,lh,lllh,lhl,llhlhh,lllhhl EXHIBIT JENNIFER A MILLER .Account 5491 1303 3194 0155 Augusi 4 - September 2, 2004 ATIUniversal Card Page 2 of 3 In the return envelope, please: Enclose your checkor money ord.. Include your account number and name on the front of your check or money order. Please, no cash or foreign currency. Enclose your payment coupon. Do not staple or tape it to your payment. Insert the payment coupon so that the entire AT&T Universal Card address appears through the window of your remittance envelope. JENNIFER A MILLER Account 5491 1303 3194 0155 August 4 - September 2, 2004 Universal Card Page 3 of 3 Purchases ........................................................................................................................................................ 0.00 Cash Aclvances anct Checks .......................................................................................................................... 0.00 Finance Charges ......................................................................................................................................... 152,90 Fees ................................................................................................................................................................ 74,00 Total MasterCard Activity ....................................................................................................................... $226.90 Total ~lasterCard Purchases ............................................. $0.00 Cash Advance Limit ................................ $500.00* *This represents a portion of your total credit line. I Fin~cc Cha~ge Information I Days in Balance Pedodlc Transaction ANNUAL Nominal Periodic x Billing x Subject lo = FINANCE + Fee/FINANCE ~E~CENTAGE APR Rate Period Finance Charge GNAR~E C~AR~iE RATE PURCHASES Standard Purch 28490% .07805%(D) x 29 x $1,100.44 = $24.91 + $0.00 28.490% Purch/CashAdv thru 11/04/03 28,490% .07805%(D) x 29 x $5,654.43 = $127.99 + $0.00 28.490% CASH ADVANCES Standard Adv 28.490% .07805%(D) x 29 x $0.00 = $0.00 + $0.00 28.490% Total FINANCE CHARGE = $15Z. 90 IS~ndard Purch Trans Post Description Amount 09/02 LATF FEE - AUG PAYMENT PAST DUE 39.00 09/07 OVER CREDIT LIMIT FEE 35.00 Total Fees $74.00 AT&T Universal Calling Card Calls ......................................................................................................... $0.00 ~o/19/o4 $s?o?.8~ $9999.99 SITE:KC-CL JENNIFER A MILLER 10910 THORNWOOD RD SHIPPENSBURG 17257-9399000 PA CITI CARDS P.O. BOX 8116 S HACKENSACK, 07606-8116 NJ TM:CO-5000 ll/06/04 ACID:KCB7150 16:39:03: citr Platinum select' Card Account Number 5424 1803 6328 8280 Customer Service: 1-800-950-5114 BOX 6500 SZOUX FALLS, SD 57117 Sale Date Post Date ~tal Credit Line ~allable Credit Line Cash Advance Limit $5100 $0 $600 statement/ Amount Over CIRslnq Date Credl~ Line Past Due 09/23/2004 $607.83 $515.87 Reference Number Acti~ty Since Last Sta~ment Standard Purch LATE FEE - AUG PAYMENT PAST DUE 66 0000 OVER CREDIT LIMIT FEE 62 O000 PURCHASES*FINANCE CHARGE*PERIODIC RATE 84 0000 9/23 9/23 9/23 Available Cash Limit $o Purch/Adv Minimum Due $135.56 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. IMPORTANT INFORMATION ABOUT CREDIT REPORTING: WE MAY REPORT INFORMATION ABOUT YOUR ACCOUNT TO CREDIT BUREAUS. LATE PAYMENTS, MISSED PAYMENTS, OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE REFLECTED IN YOUR CREDIT REPORT. New Balance $5707.83 Minimum Amount Due $5707.83 Amount 35.00 0000000000 29.00 0000000000 130.56 0000000000 Previous (+)Purchases (-) Payments Account Summary Balance & Advances & Credits 'URCHASES $5,513.27 $64.00 ~0.00 DVANCES $0.00 $0.00 ~0.00 0TAL $5,513.27 $64.00 $0.00 Balance Subjectto Periodic tare Summary Finance Charge Rate JRCHASES ~tandard Purch $5,576.12 0.07805%(D) )VANCES ~tandard Adv $0.00 0.07805%(D) (+) FINANCE (=) New CHARGE Balance $130.56 $5,707.83 $0.00 $0.00 $130.56 $5,707.83 Days This B[Jllng Period: 30 Nominal ANNUAL APR PERCENTAGE RATE 28.490% 28.490% 28.490% 28.490% EXHIBIT VERIFICATION /// /~at,~ /-/-o/Sg Attorney Management Specialist for Citibank (South Dakota) N.A. the within is 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. Jennifer A Miller 549I 130331940155 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. JENNIFER A MILLER Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-6335Civil : CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly discontinue the above-captioned action without prejudice. BURTO~EIL & ASSOCIATES, P.C. / ~-----'~B~n ~eil, Esquire Attorney for Plaintiff The law firm of Burton Nell & Associates is a debt collector. C-3955