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HomeMy WebLinkAbout05-4110 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 IN THE COURT OF COMMON PLEAS CITIBANK SOUTH DAKOTA N.A. 701 East 60th Street North, Sioux Falls, SD Plaintiff v, CUMBERLAND COUNTY, PENNSYLVANIA NO, OS' - -4/10 ClulLI8L~ DWIGHT D EISENHOWER 1338 Brandt Avenue NewCumberlandPA /7070-1533 Defendant : 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 tbat 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, TillS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE 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-6967 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 ClTlBANK SOUTH DAKOTA N,A. 701 East 60th Street North, Sioux Falls, SD Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. OS - Lfno CtULI~ DWIGHT D EISENHOWER 1338 Brandt Avenue New Cumberland PA 17070-1533 Defendant : CIVIL ACTION - LAW Complaint 1. The plaintiff is CITlBANK SOUTH DAKOTA N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. The defendant is Dwight D Eisenhower, who resides at 1338 Brandt Avenue, New Cumberland, 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 5424180161985780 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 $5,720.93. Wherefore, plaintiff demands judgment against defendant for the sum of $5,720.93, and the costs of this action. BURTON NL &.A:SSOCIATES, P.C. ~ 1.. "'io.:.. " By: Burton Neil, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. 03/14/05 $5720.93 $9999.99 ~~~~~t~j~@~m~~~~~~ l~j~~i$~~~~j~ ~~~~~~!!!~j~~f~~j~~ SITE:KC-CL TM:CL-SOOO 06/22/05 DWIGHT 0 EISENHOWER 40 PHEASANT CT MECHANICSBURG 17055-4338000 Cln CARDS P.O. BOX Bll1 S HACKENSACK, NJ 07606-8111 PA Cltl~ Platinum Select~ Card Aet:Qunt Number 5424 1801 6198 5780 Customer Service: 1-800-950-5114 BOX 6500 SIOUX FAllS. SD 57117 Sale Dat. Post Date 2/08 2/15 2/15 2/08 2/15 2/15 PL5LLGOO Available- Credit line $0 Amo-unl Over Credit Line PliIst 0". $720,93 + $368.39 + ,.\ellyn-v Since lest statement Standard Purch CREOIT PROTECTOR FEE - MONTHLY 74 0000 LATE FEE . JAN PAYMENT PAST DUE 66 0000 DRIYE AMERICA AUTO CLB 800-321-4649 TX 61 N5969USA 2019 OYER CREDIT LIMIT FEE 62 0000 PURCHASES"FINANCE CHARGE"PERIODIC RATE 84 0000 AvallOlble Cash Limit $0 PlIfeh!Adv Mln-lmum Due $134,49 " 422 367 55 55 422 8,382 Bonus Points may take one to two billing cycles to appear on your statement. Please refer to the speCific terms and conditions pertaining to the promotion for further details. cftr Hew e~I.J\(:e $S720.93 Minimum Amount Due $1223.81 Amount 47.92 0000000000 39.00 0000000000 6.95 75414915039 35.00 0000000000 129.49 0000000000 EXHIBIT ~ Total Credit l.lne- $5000 Statement! ttosln.9 Oat. 02/15/2005 Ret.fence Number ta$h Adv.1nc.e limit $1200 ThankYou Redemptions Network Total ThankYou Points *.**ThankYou Points Summary**.* Previous Statement Point Total Base Points Earned Total Points Earned This Period Total ThankYou Points Available lifetime ThankYou Points Earned Your account balance is over the credit line. In order to continue earning ThankYou 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. Your late fee was based on your account balance as of the payment due date (02/11/05). Which was $5.469.52. Please see the enclosed Notice of Change in Terms to Your Card Agreement for important information regarding changes to your Card Aqreement. /' 0 c. tfJ ( ~'7 ACID:KCB7150 21:24:09: 51111I oat. Po5t DaN Referenc. Numb., ActlYlty 5htclit Last Statemant ......." Account SUmmary PURCHASES ADVANCES TOTAL PrevIous (+) Purchases (.) Payments (+) nNANCE (=) New Balance & Advances & Crod)!. CHARGE B~lance $S.462.57 $128.87 r.OO $lf.49 $5,720.93 $0.00 $0.00 0.00 0.00 $0.00 $5,462.57 $128.87 0.00 $1 9.49 $5.720.93 Rat. Summary PURCHASES Standard Purch \OVANCES Standard Adv Belance Subject to Finance Charge Pl!rJodlc R~te Days ThIs Billing Period: 29 Nominal ANNUAL APR PERCENTAGE RATE 29.490% 29.490% 29.490% 29.490% $5,526.73 $0.00 0.08079%(0) 0.08079%(0) Verification I, Sandy Arenas 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~~~yorities./ Date: 0/(;).'/0<:; Signatur0~ !I--.-<...-'><:j ~.f;J,.c"J\ " ,.f .. \.) ~ pf:- V1. VI. 't- ~ III -- \j - >-> S ..c -U w ~ t>.J C> ..{) ~ l>-' ---r ---- 8 ~ ~ ~ ~ -,~ ~ $.jl'~ 1-',\ \ " (~-) :'; '~' : --_ I~. <.n' c{ ~'. 'C, :~t. :t~ '2,-., ~. ~~ ';,;.'~ ~-? ";? 2 ~ ~ - - 1 Dwight D. Eisenhower 1338 Brandt Avenue 2 New Cumberland, PA 17070-1533 Defendant in Pro Per 3 4 IN THE COURT OF e<:M<<)N PLEAS 5 CUHBEIU.AND COUN'lY, PBNNS~n.VANIA 6 CITIBANK (South Dakota) N.A. Docket No: 05 -lillO SWER OF DEFENDANT TO OMPLAINT 7 Plaintiff, 8 vs. 9 DWIGHT D. EISENHOWER, and DOES 10 1 to 10, inclusive 11 Defendants. 12 13 Defendant (s), Dwight D. Eisenhower, hereby an$wers the complaint of 14 plaintiff, Citibank (South Dakota) N .A., as follows: 15 Defendant has had several financial set backs which 1. 16 explains his current debt situation. My son was diagnosed 17 with severe asthma when he was 16 :nonths old. My child is 18 on 3 different medicines and the cost has exceeded what I 19 can afford with all my other bills. This has forced him to 20 use his credit to pay for basic living necessities. Along 21 with last penalties and high interest, he has depleted his 22 savings. Because his debts exceed bis income, Defendant 23 cannot pay even the minimum being demanded by the 24 creditors, Defendant is doing all that he can to pay his 25 debts, but needs time in which to do so. I have signed up with a service that is trying to help me with my debt. ANSWER OF DEFENDANT(S) TO COMPLAINT - 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2. Plaintiff could and should grant him more time to try and settle since they have been doing business together for several years. Therefore, Defendant begs this Court not to find judgment for Plaintiff, but to request that they work with Defendant in a sincere attempt to settle this matter. The Defendant offers to restructure payments on the debt which Defendant can afford if and when the actual amount owed is proved. WHEREORE, Defendant prays: 1. That Plaintiff take nothing by way of the complaint; 2. That Plaintiff verify the actual amount owed; 3. And for such other and further relief as the Court may deem fair, just, equitable and proper. Dated day of August, 2005 D. Eisenhower DEFENDANTS IN PRO PER ANSWER OF DEFENDANT(S) TO COMPLAINT - 2 0 r-' 0 = ~ ~ -n .....\ -c fl~ po :r;"" " c:: f"c:-. / " CO " eN ~t"..I1 (, ~.p9 0 \:-='1;~";'~) -c -'J"" ~' , (-)-j-..:! -' :,:;:.~,A ~ ~?I -;r;~- ",..~ :.:;I r.- :JJ - .-< - SHERIFF'S RETURN - REGULAR CASE NO: 2005-04110 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA N A VS EISENHOWER DWIGHT D DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon EISENHOWER DWIGHT D the DEFENDANT , at 0018:30 HOURS, on the 18th day of Auqust 2005 at 1338 BRANDT AVENUE NEW CUMBERLAND, PA 17070-1533 HEATHER EISENHOWER (WIFE) by handing to a true and attested copy of NOTICE together with COMPLAINT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: r:(j~ ,-~#~ 18.00 13.60 .00 10.00 .00 41.60 R. Thomas Kline 08/19/2005 BURTON NEIL & ASSOC. Sworn and Subscribed to before me this ~~~ day of ~".ff ,A;;;c~/r QChon~ By: f}/ e~6rt BURTON NEIL & ASSOCIATES, p,c. Yale D. Weinstein, Esquire ID #89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attornev for Plaintiff ClTlBANK (SOUTH DAKOTA) NA Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 05-4110 CIVIL DWIGHT D. EISENHOWER Defendant CIVIL ACTION - LAW Motion of Plaintiff for Judgment on the Pleadings Now comes plaintiff by its undersigned attorneys, and moves this Honorable Court pursuant to Rule 1034 of the Pennsylvania Rules of Civil Procedure, for judgment on the pleadings and in support thereof states: 1. Plaintiff filed a complaint against defendant for the credit card balance due it. 2. Defendant filed an answer to the complaint. 3. The pleadings are closed, 4. There are neither factual nor legal issues before the Court creating a need for trial. Therefore, plaintiff is entitled to judgment as a matter of law, Wherefore, plaintiff moves this Honorable Court for judgment on the pleadings. / . W' In, Esquire ney for Plaintiff In making this communication, we advise our firm is a debt collector. BURTON NEIL & ASSOCIATES, P.C. Yale D. Weinstein, Esquire ID #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 v. NO, 05-4110 CIVIL DWIGHT D. EISENHOWER Defendant CIVIL ACTION - LAW Certificate of Service Yale D. Weinstein, Esquire, being duly sworn according to law, deposes and says that he is attorney for plaintiff Citibank (South Dakota) N.A., that he served a true and correct copy of plaintiffs Motion for Judgment on the Pleadings and proposed Order on defendant by first class U.S. Mail, postage prepaid on the date set forth below, Dated: In making this communication, we advise our firm is a debt collector. ----- ,~~ f' --:-\ C..' PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CITIBANK (SOUTH DAKOTA) N.A. Plaintiff vs. DWIGHT D. EISENHOWER Defendant NO. 05-4110 CIVIL I. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintifrs Motion for Judgment on the Pleadings 2. Identify counsel who will argue case: (a) for plaintiff: address: Yale D. Weinstein, Esquire c(o Burton Neil & Associates, P.C. 1060 Andrew Drive, Suite 170, West Chester, P A 19380 b) for defendant: address: pro se - Dwight D. Eisenhower 1338 Brandt Avenue, New Cumberland, PA 17070 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: May 17, 2006 / ( einstein, Esquire for the Plaintiff The law firm of Burton Neil & Associates is a debt collector. " "',< BURTON NEIL & ASSOCIATES, p,c. Yale D. Weinstein, Esquire ID #89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attornev for Plaintiff ClTlBANK (SOUTH DAKOTA) N.A. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-4110 CIVIL DWIGHT D. EISENHOWER Defendant CIVIL ACTION - LAW Certificate of Service Yale D. Weinstein, Esquire, being duly sworn according to law, deposes and says that he is attorney for plaintiffCitibank (South Dakota) N,A., that he served a true and correct copy ofplaintiffs Praecipe for Listing Case for Argument -listing May 17, 2006 as the argument date, Brief in Support of Motion for Judgment on the Pleadings and Request for Submission on Briefs on defendant by first class U.S. Mail, postage prepaid on the date set forth below. Dated: In making this communication, we advise our firm is a debt collector. _.J c (} CITIBANK (SOUTH DAKOTA) NA PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. DWIGHT D. EISENHOWER, DEFENDANT : 05-4110 CIVIL TERM ORDER OF COURT AND NOW, this ,.. l\ day of May, 2006, defendant having not filed a brief for the scheduled argument court session on plaintiffs motion for judgment against the pleadings, and being satisfied that the motion is meritorious, IT IS ORDERED that judgment is entered on the pleadings in favor of Citibank (South Dakota) NA against defendant Dwight D. Eisenhower, in the amount of $5,720.93 plus costs. ....... Yale D. Weinstein, Esquire 1060 Andrew Drive, Suite 170 West Chester, PA 19380 For Plaintiff Dwight D. Eisenhower, Pro se 1338 Brandt Avenue New Cumberland, PA 17070 ~ /m 4.: d, -I- 5. / lI. 0(.. ~. :sal >- <..0 ?= ~ "7 b ..::r "5 wtj r:]~ 0, ::c o.:t 0... 'J... ~c5 In s::! wit -"'j) - .,-/ -'",,- ...JlU >- ,-~ ....<-, CL:;if: "'" ;ltw :R.: ':f.Jo..: "" . ~ = d = IN ,. 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 TIIE COURT OF OMMON PLEAS : CUMBERLAND CO TY, PENNSYLVANIA VS, : NO. 05-4110 civil DWIGHT D EISENHOWER Defendant : CIVIL ACTION - LA Praecipe for Entry of Judgment on Court rder To the Prothonotary: Enter judgment on behalf of the plaintiff, CITIBANK (SOUTH AKOTA) N.A., and against the defendant, DWIGHT D EISENHOWER, as per the Court's Order dated May IS, 2006 and assess damages in the sum of$S,nO.93 plus costs. By SOCIATES, P.C. And now, this jJa.cl day of f1.:a'f ent is entered on behalf of the plaintiff, CITIBANK (SOUTH DAKOTA) N.A. anoJagai t, DWIGHT D EISENHOWER, in the sum of$S,nO.93 plus costs. Prothonotary of C berland County p In making this communication, we advise that this office is a debt colle tor. CITIBANK (SOUTH DAKOTA) NA PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, DWIGHT D. EISENHOWER, DEFENDANT I I 05-4110 CIVIL TE~M ORDER OF COURT AND NOW, this r" \.\ day of May, 2006, dlefendant having not filed a brief for the scheduled argument court session on plaintiff's otion for judgment against the pleadings, and being satisfied that the motion is meritorio s, IT IS ORDERED that judgment is entered on the pleadings in favor of Citibank (So th Dakota) NA against defendant Dwight D, Eisenhower, in the amount of $5,720,93 plus costs. By the Court, ;/ '-. Yale D. Weinstein, Esquire 1060 Andrew Drive, Suite 170 West Chester, PA 19380 F or Plaintiff Dwight D. Eisenhower, Pro se 1338 Brandt Avenue New Cumberland, PA 17070 :sal FROM FtECORU . I here unto set my MOO Court at Carlisle. Pl. 02dOf... PrettlonOlllri 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 VS. : IN THE COURT OF CbMMON PLEAS : CUMBERLAND COu!NTY, PENNSYLVANIA : NO. 05-4110 civil I cnmANK (SOUTH DAKOTA) N.A. 701 East 60th Street N, Sioux Falls, SD Plaintiff DWIGHT D EISENHOWER 1338 Brandt Avenue New Cumberland, P A 17070-1533 Defendant : CIVlL ACTION - LA Certification of Address and Affidavit of Non-Military Understanding that false statements herein are subject to penalty under 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, I verify that: I. The above are the precise last-known addresses of the judgm t creditor and debtor. 2. Pursuant to Section 201 (b)(1)(A) of the Servicemembers Civi Relief Act of2003 (SCRA) the defendant is not in the military service of the United States based on i rmation received from the defendant and/or the Department of Defense website. In making this communication, we advise that this office is a debt colle tor. D C 19 ~ 'L \:\- ~ M - ~ ~ ~ ~ - ~ ~ r ~ -0 \) C> -cJ r- ~ -r- J.... (') ~ ,::,-"" ~~~:'~ " c7! l~:._ ~~~~ t5 '?:: .-< /\ 1'0> = = "'" ::m:: ;po -; o -n ::;l fr1:TI Mi N :Sy W (~~C\ ::c :~~ '~~~ '~,?\ .~ '5:J '-< ~ :-!o: '-P. U1 ~ 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 CmBANK (SOUTH DAKOTA) N.A. Plaintiff : IN THE COURT OF CQMMON PLEAS VS. : CUMBERLAND COUl!<TY, PENNSYLVANIA I : NO. OS~411O civil DWIGHT D EISENHOWER Defendant : CIVIL ACTION - LA WI Rule of Civil Procedure No. 236 (Revis~d) Notice is given that a JUDGMENT in the above captioned matter has been entered against you I on fYl~i f2J, ,)Ory". I Prothonotary of C 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 In making this communication, we advise that this office is a debt colle tor.