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HomeMy WebLinkAbout05-2903 BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, P A 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK SOUTH DAKOTA N.A. 701 East 60th Street North, Sioux Falls, SD Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CYNTHIA J PATE 110 W Main Street, Shiremanstown P A 17011-6328 Defendant CIVIL ACTION - LA W NO. OS' - .;2 9w C!;u; l ~'EP-~ 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 ajudgment 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. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PAl 70 13 Telephone No. 717-249-3166 or 800-990-9108 C-5526 ~ , BURTON NEIL & ASSOCIA 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 CITIBANK SOUTH DAKOTA N.A. 701 East 60th Street North, Sioux Falls, SO Plaintiff IN THE COURT OF COMMON PLEAS v. CUMBERLAND COUNTY, PENNSYL VANIA NO. OS - ~9Q3 {},c>~L ~~ CYNTHIA J PATE 110 W Main Street, Shiremanstown P A 17011-6328 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 Cynthia J Pate, who resides at 110 W Main Street, Shiremanstown, 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 5424180538113769 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 staternent 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 staternent 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 $3,279.66. Wherefore, plaintiff demands judgment against defendant for the sum of $3,279.66, and the costs of this action. BURTON NEIL ~ ASSOCIATES, P.C. By: ,',," ,,/,) ~" < I ,./.._"', ' Burton Neil, Esquire Attorney for Plaintiff The law finn of Burton Neil & Associates, P.C. is a debt collector. . ... ,08/12/04 ~@M!!~IW~~Iiim~It~ $10729.66 $9999.99 SITE:KC-CL TM:CO-5000 02/10/05 ACID:KC87150 21:10:29: ~MI!~!~~~#~fI~!~ t~i~Mit!~@!~I~I~ CYNTHIA J PATE 110 W MAIN ST SHIREMANSTOWN 17011-6328000 PA CIn CARDS P.O. BOX 8112 S HACKENSACK, NJ 07606 -8112 Citt Driver's Edge~ Platinum Select Card-Charter Rbts ACt:ount Number 5424 1805 3811 3769 Customer Service: 1-800-967-8500 BOX 6500 5IOUX FALLS, SD 57117 em" Sale Date Post Dat. Reference Number Total CredIt LIne $10700 Statement! Closfoq Date 07/19/2004 Available Credit Line $0 Amount OVlI!r Credit line $29.66 + Cuh Advance Limit $2800 7/19 7/19 Acttvtty Since Last Stawment Standard Purch lATE FEE - JUN PAYMENT PAST DUE 66 0000 PURCHASES'FINANCE CHARGE'PERIODIC RATE 84 0000 Past Due $728.19 + Available Ca$h limit $0 Purch/Adv I\1lnlmum CUlt ~266.43 = New Balance $10729.66 Minimum Amount Due $1024.28 Amount 35.00 0000000000 261. 43 0000000000 , CITI DRIVER'S EDGE CHARTER MEMBER REBATES Last Month's Balance Earned this Month Redeemed/Expired Current Balance 'TOTAL 57.S1 0.00 0.00 57.51 Our records show home phone 717-731-1332 and business phone 717-730-0415. Please update coupon if incorrect. Please see the enclosed privacy notice for important information. $10,559.32 $0.00 0.07737%(D) 0.07737%(D) 28.240% 28.240% 28.240% E~rt9tr It Account Summary PURCHASES ADVANCES TOTAL reVleus Balance $10,433.23 $0.00 $10,433.23 (+) urc ases & Advances $35.00 $0.00 $35.00 (+) FI NC CHARGE $261. 43 $0.00 $261. 43 (=) ow Balance $10.729.66 $0.00 $10,729.66 Rate Summary PURCHASES Standard Purch ADVANCES Standard Adv a ance Su Jec 0 Finance Char e Pene IC Rate Da s ThIs 8111/n Period: 32 Nomma ANNUAL APR PERCENTAGE RATE . , . .. Verification I, Jaime Payne am an employee of Citicorp Credit Services, Inc., (USA) which is by contract the service provider for plaintiff CITIBANK SOUTH DAKOTA N.A retained to perform services including but not primarily limited 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: 5/110105 S~gnf{!!~ Cynthia J Pate 5424180538113769 C-5526 -. - [J -(Q. 0 ...., ~ p <=> ~ ~ :--= = '''' ~ \f:- T."-' '- ~:n -or.U Ii; r~T; c:= ~-- - ;;;c:: ~FTi Crt 05:, , 5~ ~ ..a CT'I f' () ~l:j -U :~-H ~ ~:("') o- W tS-Q ::Jl: z?;"{ ~ fI! >c: Ci! ~ ~.: ~ =<! U1 C) "< J SHERIFF'S RETURN - REGULAR CASE NO: 2005-02903 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS PATE CYNTHIA J KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PATE CYNTHIA J the DEFENDANT , at 2034:00 HOURS, on the 6th day of July at 110 W MAIN STREET 2005 SHIREMANSTOWN, PA 17011-6328 by handing to CYNTHIA PATE 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 Postage Surcharge So Answers: 18.00 31.20 .37 10.00 .00 59.57 r~=~<~ R. Thomas Kline 07/07/2005 BURTON NEIL me this ,., /I~ day of Sworn and Subscribed to before q,CJ ~~ A.D. tl' 7vupR-._ ~ f Prothonotary CITffiANK SOUTH DAKOTA N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05-2903 Civil CYNTHIA J PA TE 11 0 West Main Street Shiremanstown PA 17011-6328 Defendant : CIVIL ACTION - LA W 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: $3,279.66 TOTAL $3,279.66 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. fi 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 20 I (b)( 1 )(A) of the Servicemembers Civil Relief Act of2003 (SCRA), the defendant is not in the military service of the United States based ou information received from the defendant and/or the Department of Defense website. JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. NOTICE G N UNDE A.R.CIV.P. 236 B ASSOCIATES, P.c. . Weinstein, Esquire rney for Plaintiff . #89678 60 Andrew Drive, Suite 170 est Chester, P A 19380 The law firm of Burton Neil & Associates is a debt collector. C-5526 /11111111111111I1 11111 11111 11111 1m 1111 111111I11111111I11 111111111111111111111 II 111111111111I111111111 11I111 1111111I1111111111111 j CITlBANK soum DAKOTA N.A. IN THE COURT OF COMMON PLEAS Plaintiff vs. CUMBERLAND COUNTY, PENNSYL VANIA NO. 05-2903 Civil CYNTHIA J PATE Defendant : CIVIL ACTION - LAW Notice of Intention to File Praecipe for Default .Judgment TO: Cynthia J Pate 110 W Main Street Shiremanstown PA 17011-6328 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 (l0) 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 infonnation 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 BURTON NETL & ASSOCIATES, P.c. DATE OF NOTICE: July 28, 2005 BY; Burton Neil, Esquire Attorney for Plaintiff Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA ]9380 6]0-696-2120 The firm of Burton Neil & Associates, P .C. is attempting to collect a debt. C-5526 1IU11llm~1I Mllmll DlIID 1IIIIIHlgllll~II.IIIIIIIIIDlllllllllmllll ~t "'9- t -0 \) \) ~ - - ~ " >v ~ ...:) ~ V) ~ {: ~:r.: QS s= ~ ,,-c(~' ('\~ '\ <_\ ..--J' '-:.. "t~;;~. :0/..... u::- ~:::c, .' F~\_,l '~?~ ,,;~ /- ~ ~ ~ ;,'T" "?:. 'if, ....- u- Q. ~ '{"~ --c~ .~~\... ~s? .~,....\ --0 Oh ."..~ ~;::.,((\ ..... 0 t..:> .:A ::- ~ o - ---- BURTON NEIL & ASSOCIATES, P.C. BY: Yale D. Weinstein, Esquire Identification No. 89678 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. 05-2903 Civil CYNTHIA J PATE 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 (J" '1 l S ;lOllS I ,,"f.w By: Deputy If you have any questions concerning the above, please contact: Yale D. Weinstein, 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 collector.