HomeMy WebLinkAbout05-2901
BURTON NEIL & ASSOClA TES, p,c.
By: Burton Neil, Esquire
Identification No. 11348
1060 Andrew Drive, Suite 170
West Chester, PA 19380
(610) 696-2120
Attorney for Plaintiff
CITlBANK (SOUTH DAKOTA) N.A.
701 East 60th Street North, Sioux Falls, SO
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL V ANlA
JOAN E MURRAY
4655 Creekview Road, Mechanicsburg P A 17050
Defendant : CNIL ACTION _ LA W
NO, 6!;" - dl9DI
{};u~L~~
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
ALA WYER 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 Assoc.
32 South Bedford Street
Carlisle, P A 17013
Telephone No. 717-249-3166 or 800-990-9108
C-2964
...
BURTON NElL & ASSOCIATES, P,C,
By:Burton Neil, Esquire
Identification No. 11348
1060 Andrew Drive, Suite 170
West Chester, PA 19380
610-696-2]20
Attorney for Plaintiff
ClTIBANK (SOUTH DAKOTA) N.A.
701 East 60th Street North, Sioux Falls, SD
Plaintiff
IN THE COURT OF COMMON PLEAS
v.
CUMBERLAND COUNTY, PENNSYL VANIA
NO, OS'- ~9DI {lic;;.L Ly-82..nt
JOAN E MURRAY
4655 Creekview Road, Mechanicsburg P A 17050-2109
Defendant
CIVIL ACTION - LA W
Complaint
I. 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 Joan E Murray, who resides at 4655 Creekview Road, 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 5424180516036933 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 $17,612.65.
Wherefore, plaintiff demands judgment against defendant for the sum of $17,612.65, and the
costs of this action.
,I
BURT{)N NEiL & ASSOCIATES, P.C.
By:
L i /
Burto~ ~], E(~uire
Attorney for Plaintiff
The law firm of Burton Neil & Associates, P.C. is a debt collector.
.
.
.
l
06/07/04
~~~~j!!i~IW~~jlim~j~j~I~
$17612.65
$9999.99
5ITE:KC-Cl
TM:CO-5000
02/09/05
AClD:KCB7150
01:4B:27:
n_......_....n_....... n..........._.._.._...
i~~~~~~i~~~~~~~~~ ~~~~~~~i~~~~~~~~~~~i~~
JOAN E MURRAY
4655 CREEKVlEW RD
MECHANlCSBURG
17050-2109000
PA
CITl CARDS
P.O. BOX B107
S HACKENSACK. NJ
07606-B107
Citt Platinum Select"' Card
em"
Account Number
5424 1805 1603 6933
Customer Service:
1-800-950-5114
80X 6500
SIOUX FALLS. SO
57117
Sale Oat. Post Oat. Reference Number
fotal CredIt LInt'
$15220
St.-t.m.of!
CI05109 Oat.
05/11/2004
Available Credit Line
$0
Amount Over
Cr.dlt line
$2392.65
Cash Advance limit
$S500
5/11
5/11
Activit., Since Last Statement
Standard Purch
OVER CREDIT lIMIT FEE
62 0000
PURCHASES-FINANCE CHARGE-PERIODIC RATE
84 0000
Past Due
$2560.77
Available Cash Limit
$0
Purch/Adv
~Inlmum Due
J430.90
NeW!lalance
$17612.65
Minimum
A.mount Du.
$17612.65
Amount
35.00
0000000000
425.90
0000000000
Please note that payments must be received by
1:00 p.m., local time, on a bank business day at
the payment processing facility that handles your
payments, in order to be credited to your account
as of that day, and payments must conform to
the payment instructions set forth on the reverse
side. All conforming payments received at the
payment frocessing faclllty after that time will
be credi ed as of the fOllowing bank business
day.
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.
$17,357.18
$0.00
0.07668%(0)
0.07668%(0)
27.990%
27.990%
EXHIBt:;~
Account Summary
PURCHASES
ADVANCES
TOTAL
reVIOUS
Balance
$17,151.75
$0.00
$17,151. 75
(+) Purc ases
&. Advances
$35.00
$0.00
$35.00
(-) aymen s
& Credits
fO.oo
0.00
0.00
=) New
Balance
$17,612.65
$0.00
$17,612.65
Rate Summary
PURCHASES
Standard Purch
ADVANCES
Standard Adv
Ba l.'Ince Su Jee 0
finance Charge
erlo IC
Rate
Oa s ThIs BJltln PerIOd: 32
Nomina ANNUAL
APR PERCENTAGE RATE
--
_ .l
Verification
I,~^rhOlR:kK_
Inc., (USA) which is by contract the service provider for plaintiffCITIBANK (SOUTH
am an employee of Citicorp Credit Services,
DAKOTA) N.A. retained to perform services including but not primarily Iimited to collecting
delinquent debt. I am authorized to make this verification as attorney-in-fact for plaintiff under
powers of attorney from plaintiff to Citicorp Credit Services, Inc. (USA) and to me. The
foregoing averments of fact in the within pleading are true and correct to the best of my
knowledge, information and belief. I understand that the statements made herein are subject to
the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to the authorities.
Date: 0SllQ1 O~
[j#JnJ&~1C
SIgnature
Joan E Murray
5424180516036933
C-2964
---
-
-
~ (.:) 'ig.
~ 0
- ...0 tI) 8
""" ~ D (") ....,
~ = 0
...c: =
...... ~ u(J:: <.r> -n
""Q ~ mr'il <- =r!
--Cl ~?-.: <=
z m:D
t: (f) )_,~ I }J~
~ ~::; 0'\ 0
:-<0
"<7 ..+==r-;
Zc :J:;
>'
J:- c:C ' )..-
200
Z w 6rn
:;? .t'" ;;;!
Ul .n
-<
SHERIFF'S RETURN - REGULAR
CASE NO; 2005-02901 P
COMMONWEALTH OF PENNSYLVANIA;
COUNTY OF CUMBERLAND
CITIBANK SOUTH DAKOTA NA
VS
MURRAY JOAN E
SHARON LANTZ
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
MURRAY JOAN E
the
DEFENDANT
, at 1123;00 HOURS, on the 13th day of June
2005
at 4655 CREEKVIEW ROAD
MECHANICSBURG, PA 17050
by handing to
ROBERT ECKERD, HUSBAND
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
Postage
Surcharge
So Answers:
18.00
8.88
.37
10.00
.00
37.25
r~~"<:~
R. Thomas Kline
06/14/2005
BURTON NEIL
Sworn and Subscribed to before By:
me this ;2v e
day of
l ;L~ 2OV! A.D.
'-;'1;~{}on~"a1~'-', ~
CITIBANK (SOUTH DAKOTA) N,A.
701 East 60th Street N, Sioux Falls, SD 571 17
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NO.05-2901-Civil
JOAN E MURRAY
4655 Creekview Road
Mechanicsburg P A 17050-2109
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:
$] 7,612.65
TOTAL
$17,6] 2.65
Understanding that false statements herein made are subject to penalty under] 8 Pa. C.S. 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. Pursuantto Section 20](b)(I)(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.
JUDGMENT BY DEFAULT ENTERED
AND DAMAGES ASSESSED AS ABOVE.
NOTICE GIVEN UNDER P .ClV.P.236
BURTON NElL & ASSOCIATES, p,c.
BY: 'L--, f
Burton Neil, Esq~ire
Attorney for Plaintiff
J.D. #] 1348
1060 Andrew Drive, Suite ] 70
W. Chester, PA ]9380
The law firm of Burton Neil & Associates is a debt collector.
C-2964
1111111111111111111111111111111111111111
1111111111111111111111111111111111111111111111I111111I11111111111I111111111111111111111111
CITIBANK (SOUTH DAKOTA) N.A.
: IN THE COURT OF COMMON PLEAS
Plaintiff
vs.
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 05-2901-Civil
Defendant
: CIVIL ACTION - LAW
Notice of Intention to File Praecipe for Default Jndgment
TO: Joan E Murray
4655 Creekview Road
Mechanicsburg PA 17050-2109
DATE OF NOTICE: July 5, 2005
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
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 COWlty Bar Assoc.
32 South Bedford Street
Carlisle, PA 17013
Telephone No. 717-249-3166 or 800-9.90-9108
BURTON bmIL & ASSOCIATES, P.C.
,.
BY:
,.
L t.. (
BurtOn 'FIe!], Esquire
Attomejfor Plaintiff
ldentifitation No. 11348
1060 Andrew Drive, Suite 170
West Chester, PA 19380
610-6%-2120
The firm of Burton Neil & Associates, P.C. is attempting to collect a debt.
C-2964
IlIIImlllllll
1I1111.111.IIIIIIMI
.'
~ N 0 -lQ
~ t ....(::)
Q
F --- '- ()
---
\\'- ..../;;, ~
~ ~ 0 ....'
~ (- c::;:) 0
.=
6"- :',;; c.r> -n
L. --1
IU' ti 1- (~'- :;:C-'J
- 1';:;;; p1r=-
~ "" ?312\
1'0 , ,
:__i(~/,
-"'J .~,~ Z~;
0) : -'~I ;-;:1
-. ;;~
=<: ::0
c:::> .-<
.' .
BURTON 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.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO.05-2901-Civil
JOAN E MURRAY
Defendant
: CIVIL 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 ,
ilL .L
(
.J ..:? ..J6f.,l r .
I
Prothonotary
"By: ~a~ f) P7f!-/?/?-"y~
Deputy
If you have any questions concerning the above, please contact:
Burton Neil, Esquire
Attorney for Party Filing
I 060 Andrew Drive, Suite 170
West Chester, PA 19380
Phone: 610-696-2120
The law firm of Burton Neil & Associates is a debt collector.