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HomeMy WebLinkAbout05-3161BURTON 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. PAUL L KIESOW 716 Kent Drive, Mechanicsburg PA 17050 Defendant NO. 6.5 -316,1 CIVIL ACTION - LAW COMPLAINT NOTICE CLUI `r? 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-6109 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 V. PAUL L KIESOW 716 Kent Drive, Mechanicsburg, PA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ?S-?I(.I ()ivcl ? nl 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 Paul L Kiesow, who resides at 716 Kent Drive, 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(n) Choice credit card with account number 4428135241971985 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 $26,500.38. Wherefore, plaintiff demands judgment against defendant for the sum of $26,500.38, and the costs of this action. BURTON IL & ASSOCIATES, P.C. 000000 By: L Burton Ne' , Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. A 11/17/03 $26500.38 $9999.99 SITE:KC-CL TM:CL-5000 ACID:KC87150 >vanrM$z SWA jsfita~ 06/03/05 19:55:24 CHOICE VISA P.O. BOX 6414 PAUL L KIESOW THE LAKES, NV 7938 OCELOT CT 88901-6414 SACRAMENTO CA 95829-1443000 CHOICEa For Customer Service, call or write 1-800-866-9900 Account Number Ta ,epM NlllM °r°'a rMe BOX 6248 4428 1352 4197 1985 ?M°i a°6*w;"a mil SIOUX FA LLS, SO PAYMENT MUST BE RECEIVED BY 1:00 PM LOCAL TIME ON 11/17/2003 t Pre,erre your rlylb. 57117 Statement/Ciovnq Date Total Credit Line Available Credit Lm Cash Advance Limit Avail able Cash Limit Now Balance 10/22/2003 $25070 $0 $6000 $0 $26500.38 Amount over Past DUO Credit Line PurCh/Adv Minimum Due Minimum Amount Due $1430.38 + $1606.11 + $607.43 = $3643.92 Sap Date Post Date Reterence Number Activity Since Last Statement Amount Standard Purch 10/22 LATE FEE - SEP PAYMENT PAST DUE 35.00 66 0000 0 70000000000 10/22 OVER CREDIT LIMIT FEE 35.00 62 0000 0 70000000000 10122 PURCHASES*FINANCE CHARGE*PERIODIC RATE 125.96 84 0000 00 70000000000 Balance Transfer - Charged To e 10122 RATE PURCHASES*FINANCE CHApGE*PERIODIC 476.47 84 0000 0 70000000000 Citi Cards Savings Total points 3,716 * CITI CARDS SAVINGS SUMMARY * TOTAL Previous Points Balance 3,716 Purchase Points Earned Last Period 0 Total Points 3,716 Don't forget! Your Citi Card is the card that rewards you for all of your everyday purchases. Why use a card that doesn't give something back? See our website, www.citicardsayings.com or call 1-888-530.9217 for more information! Gift Cards for nationally known restaurants and retail stores are available at the 3,000 point level. Treat yourself, treat a friend. Enjoy the benefits of the Citi Card and the Citi Cards Savings program. See our website, www.citicardsavings.com or call 1-888-530-9217 for more information! Your account balance is over the credit line. In order to continue earning Citi Cards Savings points you must bring your account balance under the credit line now. If you have not already done so, please pay the Minimum Amount Due. CXHIBIT fflM SaN Date Post Date Reference Number Activity Since Last Statement Amount Account Summary Previous (+) Purchases (-) Payments + FINANCE (=) New Balance &A dvances &Credits CHARGE Balance PURCHASES $25,827.95 $70.00 ¢ 0.00 $602.43 $26 500.38 ADVANCES 50.00 $0.00 i 0.00 $0 00 , $0.00 TOTAL $25,827.95 $70.00 S 0.00 $602.43 $26,500.38 Days This Blllfn Period: 30 Rate Summary Balance Subject to ?;_____„ _-__ Periodic Nomina ,__ ANNUAL Purch $5,400.38 2.33250%(M) 27.990% 27.990% $20,427.57 2.33250%(M) 27.990% 27.990% Adv $0.00 0.07668%(F) 27.990% 27.990% Verification I,Vd(Y,?l 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 unworn falsification to the authorities. Date: CSJ.021M 0 c 4 ? W 4 Signature Paul L Kiesow 4428135241971985 6' C C. d ? ? o CJl -? T i J -- r :t SHERIFF'S RETURN - REGULAR CASE NO: 2005-03161 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS KIESOW BRYAN WARD Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon KIESOW PAUL L the DEFENDANT , at 1927:00 HOURS, on the 18th day of July 2005 at 325 2ND STREET WEST FAIRVIEW, PA 17025 by handing to REYDELL RAMIREZ, WIFE 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 18.00 Service 23.20 Postage .37 Surcharge 10.00 .00 51.57 Sworn and Subscribed to before me this Za Mil day of 3-tn? h A. D. r thonotary So Answers: R. Thomas Kline 07/19/2005 BURTON NEIL By: ?^J I puty Sheriff PAUL L KIESOW 325 20d Street West Fairview, PA 17025 Defendant CITIBANK SOUTH DAKOTA N.A. 701 East 60P Street North, Sioux Falls, SD Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL L KIESOW 325 2°d Street, West Fairview, PA Defendant NO. 05 - 3161 CIVIL TERM CIVIL ACTION - LAW Answer to Complaint 1. Defendant admits the truth of the facts alleged in paragraph one. 2. As to paragraph two, defendant contends that he has never resided at 716 Kent Drive. 3. Defendant admits the truth of the facts alleged in paragraph three. 4. Defendant admits the truth of the facts alleged in paragraph four. 5. Defendant cannot agree with the facts as alleged in paragraph five. 6. As to the facts alleged in paragraph six, defendant denies their truth. Lk 61. Defendant denies the truth of the facts alleged in Paragraph wvo-? e (,? F.\Yy P 7) #. Defendant denies the truth of the facts alleged in paragraph seven; he received no communications of any kind from plaintiff until he was served with the present complaint on July 18, 2005. 9. Defendant cannot agree with the facts as alleged in paragraph fo n 'n L . Dated thisO day "gust, 2005 8? l.l.v PAUL L KIE7c- ut L 'esow Plaintiff d r CAM ?l.J ?O T W : . C Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK SOUTH DAKOTA N.A. Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3161 PAUL L KIESOW Defendant : CIVIL ACTION - LAW To the Prothonotary: Praecipe to Discontinue Kindly discontinue the above-captioned action without prejudice. Burto N it Ass ;es, P.C. By: i?Jl Derek C. Blaske , Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-6109 .^-.'f G7 ?? r.,?+. .? { ? v?l l ? ? i ?? ++ +? +?? \w+? Y . - ? "( y? i?