Loading...
HomeMy WebLinkAbout06-0769 . 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 CITlBANK (SOUTH DAKOTA) NA 70 I East 60th Street North, Sioux Falls, SD Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JAMES B SWARTZ 811 Long Gap Road, Carlisle P A 17013 Defendant NO. 01- - "lie? Cl(')llY~ v. : 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 cntering a written appearance pcrsonally 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 reliefrequested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A T 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 THA T 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, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 C-8646 1111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111111111111111111111111111111/1111/11/111 , BURTON NEIL & ASSOCIATES, P.C. . By: Burton Neil, Esquire, 1.0. No. 11348 1060 Andrew Drive, Suite I 70 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITlBANK (SOUTH DAKOTA) N.A. 70 I East 60th Street North, Sioux Falls, SO Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0(,- ?~1 CuzL '-r~ JAMES B SWARTZ 811 Long Gap Road, Carlisle PA 17013 Defendant : CIVIL ACTION - LA W Complaint l. Plaintiff is CITlBANK (SOUTH DAKOTA) N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is .lames B Swartz, who resides at 811 Long Gap Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff is a national banking association, engaged 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 5424180728697027 hereinafter referred to as the credit card account. 5. Plaintiff kept accurate running records of all debits and credits to the account. 6. Plaintiff mailed to defendant monthly statements for the account including the billing statement attached hereto as Exhibit A. The monthly statements accurately stated the previous balance, the debits and credits to the account for the prior billing period. 7. Before plaintiff mailed Exhibit A, defendant had for many months made payments on account of the billing statement or retained the statement without payment. 8. Defendant's actions as set forth above constituted an account stated between parties for the sum of $4,390.68 which sum retlects the Exhibit A statement balance less credits, if any, which were applied subsequent to the date of Exhibit A. Wherefore, plaintiff demands judgment against defendant for the sum of$4,390.68, and the costs of this action. BURTON NE'fL & 1}8S0CIA TES, P.C. By: <-t.-'~ . Burton Nei Esquire The law firm of Burton Neil & Associates, P.C. is a debt collector. 12/12/05 $4390.68 $4390.68 SITE:KC-CL TM:CO-5000 12/13/05 ACID:KC87150 20:52:27: ......_...__.n...____.__ ;:;;P.M;;:;filii:::u~f.i::::::;: un.n.n..,n.un..... __.....n...........n... _n.'".__n.n.n__...". ....................... ~~~~~f:~f~~~~~~~~~~~: ~~~~~~~~~~~~~~~~~~~~~~ JAME5 8 SWART2 811 LONG GAP RD CARLISLE 17013 C IT I CARDS PO 80X 183063 COLUMBU5, OH 43218-3063 PA . ,lie C/~lCLf Citi~ Dividend Platinum Select~ Card _. eltl Ac(:ount lIIymber 5424 1807 2869 7027 Customer Service: 1-800-925-8871 BOX 6500 SIOUX fAllS, SO 57117 Total Credit Line $4700 $t.attrnf'nt/ Closing Date 11/17/2005 Avall.a~le Crecllt Line $0 Amount Over Credit Line $0.00 Cash Advan<:e Limit $1400 Past Due $920.31 Ayallable Cash Limit $0 PurchjAdv Minimum Due $111. 74 New Balance $4390.68 MInimum Amount Due $4390.68 Amount Sale Date Post Date Reference Number 11/17 Actlvltv Since Last statement Standard Purch PURCHASES' fINANCE CHARGE'PERIOD1C RATE 84 0000 18.99 0000000000 11/17 Balance Transfer - CharGed To Offer 6 PURCHASES'f1NANCE CHARGE'PER10DIC RATE 84 0000 87.75 0000000000 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. PrevIOUS (+) Purchases (-) Payments (+) fiNANCE (=) New Ba lance & Advances & Credits CHARGE Balance $4,283.94 $0.00 iO'OO $106.74 $4,390.68 $0.00 $0.00 0.00 $0.00 $0.00 $4,283.94 $0.00 0.00 $106.74 $4,390.68 Account Summary PURCHASES ADVANCES TOTAL Rate Summary PURCHASES Standard Purch Offer 6 ADV ANCES Standard Adv Balance Subject to Finance Charge Periodic Rate Days This Billing PerIod: 29 Nominal ANNUAL APR PERCENTAGE RATE $771.15 $3.564.10 $0.00 0.08490%(0) 0.08490%(0) 0.08490%(0) 30.990% 30.990% 30.990% 30.990% 30.990% 30.990% eXHIBIT k Verification AmY LaFollette I, 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: /bllle/D'S Signature:~fgMiliiIL ";l; ~ 7J ~ ~ \:\:. ?'\t Lrt ~ . () -n -- - Vl -- .-4 ~ ...() 0 1-;--' . <...-n ~ \~-:-,1 \-.1p ...J::: () , ,\f":""'; ~ \ ;? C> -- ......j "'Y - ;:.:" ' -::1. ~ ~ ..'_r'-', 0 ' ~.)rr, 1- ~~:': C> ~:2. 0", - SHERIFF'S RETURN - REGULAR CASE NO: 2006-00769 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS SWARTZ JAMES B SGT JODY SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SWARTZ JAMES B the DEFENDANT , at 1515:00 HOURS, on the 9th day of February, 2006 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to JAMES SWARTZ 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 ,00 .39 10.00 .00 28.39 .r'g~M~/~ R. Thomas Kline 02/10/2006 BURTON NEIL Sworn and Subscribed to before By: <,' I .,J'll ,J' de 1 S'iALt L , Deputy Sheriff I: me this I'I~ day of j,J,"J" ?rIJ",~ A.D. ~~~ proth / , . ClTlBANK (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. 06-769 civil JAMES B SWARTZ 811 Long Gap Road Carlisle P A 17013 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: $4,390.68 $.00 $4,390.68 TOTAL Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. S 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 201 (b)( 1 )(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 VEN UNDE A.R.CIV.P. 236 BURTON NEIL lit. ASSOCIATES, P.C. ~ BY:~'.' 4..- urto Neil, Esquire Attorn y for Plaintiff 1.0. # 11'348 1060 Andrew Drive, Suite 170 W. Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C-8646 1111111111111111111111111111111111111111 111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 .'\:) 62 :8 riP (;'i' 8' "I'll C'dP U t:J.h1J ..ViJ(.. . C-8646 CITIBANK (SOUTH DAKOTA) N.A. : IN TIIE CI:mRT OF COMMON PLEAS , Plaintiff vs. : CUMB~COUNTY,PENNSYLVANIA : NO. 06-76p civil I , : CIVIL AC-pON - LAW JAMESB SWARTZ Defendant Notice of IntentioD to File Praecipe f~r Default Judgment TO: James B Swartz 811 Long Gap Road , Cerlisle P A 17013 IMPORTANT NOticE : You are in default because you have failed to enter a writte appearance ,personally or by attorney and file in writin8i~th the court your defenses or obligations to the claims forth against you. Unless you act within ten (10) days fr#m the date of this notice, ajudgment may be entered you without a hearing and you may lose your propen:r or other important rights. You should take this notice to ur lawyer alonce. If you do not have a lawyer or ClUll\pt afford one, go to or telephone the following office to fin out where you can get legal help. This office can prdwide you with information about hiring a lawyer. If you c!jann.. at afford to hire a lawyer, this office may be able to protide you with infonnation about agencies that may cnrer legal services to eligible persons at a reduced fee or no fcje. LA WYER REFERENC~ AND INFORMATION SERf.IICE Cumberland County Barj Assoc. 32 South Bedford s1teet Carlisle, PA 17013 Telephone No. 717-249-3166 o~ 800-990-9108 } DATE OF NOTICE: March 6, 2006 B~TON:Nm! & ASSOCIATES, P.C. In mal<ing this communication, we advise our office is a debt diollector. , """ ~f' ei ~uire ~eY for Illairttiff I . Icatio~!No, 11348 106 Andret-' Drive, Suite 170 We~ Chesttr, PA 19380 (6IQ) 696-2120 111..111111 1.11..111.11.11111 ~; .~ ~ t~ . ~ r- '" Iv ~ Q (' '., , ':.d 6_(.', .'8 '''' 97,,,('1 (iTI ..- 1"1 j v (J ~ 1"1 .;~d" --'- ~ ~-- fJ ( i\ Iv 0 ~ -=- ", 0 G ....J ....D <0<) a ~ ,....t"", ,J . BURTON NEIL & ASSOCIATES, P.C. BY: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 WestChester, PA 19380 610-696-2120 ATTORNEY FOR: Plaintiff C1TlBANK (SOUTH DAKOTA) N.A. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA YS. NO. 06-769 civil JAMES B SWARTZ Defendant : CIVIL ACTION - LA W RULE OF CIVIL PROCEDURE NO. 236 (REVISED) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on /hCL<<"-' d ~ ,J I) b (,. pfonota 7 By: Deputy If you have any questions concerning the above, please contact: Burton Neil, Esquire Attorney for Party Filing 1060 Andrew Drive, Suite 170 West Chester, P A 19380 Phone: 610-696-2120 The law firm of Burton Neil & Associates is a debt collector.