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Home My WebLink About06-2439 I . 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) NA 701 East 60th Street North, Sioux Falls, SD Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. FRANK IRWIN 602 Louisa Lane, Mechanicsburg P A 17050 Defendant NO. 0(., - ::)..I3? Clu~l ~~~ : 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 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 LA WYER 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, P A 17013 Telephone No. 717-249-3166 or 800-990-9108 C-9306 1111111111111111111111111111111111111111 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111I11111111 . BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire, LD. No. 11348 1060 Andrew Drive, Suite 170 WestChester, 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 v. CUMBERLAND COUNTY, PENNSYLVANIA NO. CL. - :J.4J~ Cl'(J~L~~ FRANK IRWIN 602 Louisa Lane, Mechanicsburg P A 17050-2473 Defendant : CIVIL ACTION - LAW Complaint 1. Plaintiff is Citibank (South Dakota) N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2, Defendant is Frank Irwin, who resides at 602 Louisa Lane, Mechanicsburg, 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 5424180510335992 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 $3,068.82 which sum reflects 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 $3,068,82, and the costs of this / BURTON N~ ASSOpA TES, P.c. / -' action. By: , .-' -~~-- The law firm of Burton Neil & Associates, P.C. , 02/01/06 $3068.82 $3068.82 SITE:KC-CL TM:CO-5000 03/14/06 ACIO:ROB0554 22:32:12: .......------------------ ...........-............. ::::P.M:j:::;fffiii::::ti~fi:::::::. --............--. ....---------.......... ::::~:~:~~~~:::::: ~:j~~~:~~:~:~~~~:~:: FRANK I RWI N 602 LOUISA LN MECHANICSBURG 17050.2473000 CITI CARD5 PO 80X 183055 COLUMBUS, OH 43218-3055 PA Citt Card cft!" Account Number 5424 1805 1033 5992 Customer Service: 1-800-568-5000 BOX 6500 SIOUX FALLS, SD 57117 Total Credit Line $2650 Statement! Closing Date 01/09/2006 Available Credit Line $0 Amount Over Credit Line $418,82 Cash Advance Limit $300 Past Due $459,64 Available Cash Urn it $0 Purch/Adv Minimum Due $112,32 New Balance $3068,82 Minimum A.mount Due $306B,82 Sale Date Post Date Reference Number Activity Sinc9 Last Statement Standard Purch 1/09 LATE FEE - DEC PAYMENT PAST DUE 66 0000 1/09 OVER CREDIT LIMIT FEE 62 0000 1/09 PURCHASES'FINANCE CHARGE'PERIODIC RATE 84 0000 Purch/Adv Thru 09/09/2002 1/09 PURCHASE5'FINANCE CHARGE'PERIODIC RATE 84 0000 Amount 39.00 0000000000 35.00 0000000000 17.87 0000000000 50.45 0000000000 PAYMENT ALERT: To avoid a late fee, please qet your payment to us by the cutoff time on the due date shown on your blll1ng statement. Your late fee was based on your account balance as of the payment due date (01/02/06), which was $2,926.50. 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. EXHIBIT Ir PrevIous (+) Purchases (-) Payments (+) FINANCE (-) New Ba lance & Advances & Credits CHARGE Ba lance $2.926.50 $74.00 r.OO $68.32 $3,068,82 $0.00 $0.00 0.00 $0.00 $0.00 $2,926.50 $74.00 0.00 $68.32 $3.068.82 Account Summary PURCHASES ADVANCES TOTAL Balance Subject to Periodic Days ThIs Billing Period: 32 Nominal ANNUAL Finance Charge Rate APR PERCENTAGE RATE $1,117.57 0.04997%(0) 18.240% 18.240% $1.841. 88 0.08559%(D) 31. 240% 31. 240% $0.00 0.06093%( D) 22.240% 22.240% Rate Summary PURCHASES Standard Purch Purch/Adv thru 09/09/2002 ADVANCES Standard Adv Verification I, Alicia Metcalf _ 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 ut Date: CB.ct:J '0<.0 Signature: _ ~ P D uc. lA?Z lI\ iT \\- 'v( ":i ~ ~ ~ ~ tL t: ~ :.g -..{ J:- ~) c' , CmBANK (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. 06-2439 FRANK IRWIN 602 Louisa Lane Mechanicsburg PA 17050-2473 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: TOTAL $3,068,82 $3,068.82 Principal: Understanding that false statements herein made are subject to penalty under 18 Pa. C.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. Pursuantto Section 20 I {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 infonoation~om the defendant and/or the Department of Defense website. .. .I JUDGMENT BY DEFAULT ENTERED BURTON N-..1 & ASSOC~S, P.C. AND DAMAGES ASSESSED AS ABOVE. ~---- NOnC GIVEN UND P A.R.CIV.Po' 236 '--___ ,._.---ftY: Burton Neil, Es ire Attorney for PI ntiff !.D. #11348 1060 Andrew Drive, Suite 170 W. Chester, PA 19380 The law fino of Burton Neil & Associates is a debt collector. C-9306 C-9306 CITIBANK (SOUIH DAKOTA) N.A. : IN THE COURT OF COMMON PLEAS Plaintiff vs, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2439 FRANK IRWIN Defendant : CIVIL ACTION - LAW Notice of Intention to File Praecipe for Default Judgment TO: Frank Irwin 602 Louisa Lane Mechanicsburg PA 17050-2473 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 enteled 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 infonuation 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 .-- ~- By: ASSOCIATES, P.C. DATE OF NOTICE: June 5, 2006 In making this communication, we advise our office is a debt collector, Attorney for Plaintiff Identification No. 113 8 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 IlInl..IIIIIII~ 11I~111111IlI1111111..II~.m.~.lmllll \ " t N ~ ~ ...c 0 r-~ \I:- ,.;:::,.' ~~) c:: c;.:J -n t.- O "" .~ ,;J" -r-1 ~:-' S~.-. C> \\" rtl....'~' \.--- ~ '-.> ~ -~ -~\\":.., !') ,", ',:~_: <u (,.0 \ ~ ~~ - ~ 1- .....J .... . (;) f= . .. 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. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL Y ANIA YS. : NO, 06-2439 FRANK IRWIN Defendant : CIVIL ACTION - LAW RULE OF CIVll. PROCEDURE NO. 236 (REVISED) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on .Ju .\C' .;t~ ;J.. I'v'" I ~ 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, PA 19380 Phone: 610-696-2120 The law firm of Burton Neil & Associates is a debt collector. SHERIFF'S RETURN - REGULAR CASE NO: 2006-02439 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK (SOUTH DAKOTA) N A VS IRWIN FRANK DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon IRWIN FRANK the DEFENDANT , at 1846:00 HOURS, on the 11th day of May , 2006 at 602 LOUISA LANE MECHANICSBURG, PA 17050 by handing to FRANK IRWIN 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 Affidavit Surcharge So Answers: /1 J:' ''-~ J..tv -O~ 18.00 21.12 .00 10.00 .00 49.12 ~~<~ R. Thomas Kline 05/12/2006 BURTON NEIL Sworn and Subscribed to before By: ~/ ) ~ /~ [J IJ// A/Y1/vv(.2j~ ~ Deputy Sheriff me this day of A.D. Prothonotary Burton Neil & Associates, P.C. By Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff FRANK IRWIN V. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2439 CIVIL ACTION - LAW Praecipe to Satisfy Judgment To the Prothonotary: Mark the judgment Satisfied . eil & C - n ? v w - rn _c ,. w - rv P(. s, P.C. Yale. VhTEsquire Atto ey for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-9306 0,bp PA ATTH' Or 9lowl & J4 6&/