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Home My WebLink About02-4545BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19382 610-696-2120 Attorney for Plaintiff CITIBANK SOUTH DAKOTA N.A. 7920 NW 110th Street Kansas City, MO Plaintiff V. : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA MELANIE N GILBERT 41 Middle Spring Road Shippensburg, PA Defendant : NO. t3 - 4tg'q ' : 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 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. LAWYER REFERENCE AND INFORMATION SERVICE Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 Telephone No. 800-990-9108 BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil Identification No. 11348 26 South Church Street West Chester, PA 19382 610-696-2120 Attomey for Plaintiff CIT1BANK SOUTH DAKOTA N.A. 7920 NWI 10 STREET KANSAS CITY, MO Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA MELANIE N GILBERT 41 MIDDLE SPRING RD SHIPPENSBURG, PA Defendant NO. o -- 4Sq, E CIVIL ACTION - LAW Complaint 1. The plaintiff is Citibank South Dakota N.A., with place of business located at 7920 NW 110 STREET, KANSAS CITY, MO. 2. The defendant is MELANIE N GILBERT, who resides at 41 MIDDLE SPRING RD, SHIPPENSBURG, CUMBERLAND County, Pennsylvania. 3. At the defendant's request, plaintiff issued the defendant a credit card with account number 5424180449121372 for the defendant's use in making credit purchases and securing cash advances subject to the terms and conditions governing the use of the credit card. Attached hereto, made a part hereof and marked Exhibit A is a true and correct copy of the terms and conditions. 4. The defendant accepted the credit card and the terms and conditions governing its use for the pumhase of goods, merchandise and services and/or cash advances from vendors who accepted plaintiff's credit card. In using the credit card, the defendant agreed to comply with the terms and conditions governing its use which included the obligation to pay plaintiff for all the charges made in full upon receipt of the statement or in installments subject to monthly finance charges. 5. The defendant utilized the credit card by making/obtaining purchases of goods, merchandise and services and/or cash advances from vendors who accepted the credit card. Monthly statements were sent to the defendant which detailed the charges made to the account including finance charges, late and/or over limit charges. The balance due for the charges made by the defendant including any finance charges, late or over limit charges is $4,158.83. 6. Defendant did not pay the balance due in full upon receipt of the billing statements and failed to make the required minimum monthly payment set forth in the the billing statement. As such, defendant is in default of the terms and conditions governing the use of the credit card. 7. Although demand has been made by plaintiff upon defendant to pay the sum of $4,158.83, the defendant failed and refused to pay all or any part thereof. 8. Plaintiff alleges it is entitled to recovery of attorney's fees from defendant pursuant to the terms and conditions governing the account. Plaintiffs counsel is not a salaried employee of Citibank South Dakota N.A. Plaintiff seeks recovery of attorney fees in the sum of $790.18. WHEREFORE, plaintiff demands judgment against the defendant in the sum of $4,158.83, attorneys fees in the sum of $790.18 and the costs of this action. BURTON NEIL & ASSOCIATES, P.C. -~il~squir~- Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. E~otJoe of Change in Terms Terms to You,: ~tfba.~,k ~' ~r~e~halle'~°°'haveme ~he lerms o/a Verification Jennifer Sisson is an attorney management specialist for Citibank (South Dakota), N.A. and Citicorp Credit Services, Inc., wholly owned subsidiaries of Citigroup, the within Plaintiff in this action. She verifies that the statements of fact made in the foregoing Complaint are true and correct to the best of her knowledge and belief. The Undersigned understands that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: SHERIFF'S RETURN - REGULAR CASE NO: 2002-04545 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA N A VS GILBERT MELANIE N CPL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GILBERT MELANIE N the DEFENDANT , at at 1000 ENOLA ROAD 1305:00 HOURS, NEWBURG, PA 17240 on the 26t~ day of September, 2002 by handing to CHARLES GROVE, FATHER 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 18.00 Service 13.11 Affidavit .00 Surcharge 10.00 .00 41.11 Sworn and Subscribed to before me this ~ day of ~ ~ '~-~ A.D. notary ' z~ So Answers: R. Thomas Kline Deputy She riff ClTm AN~C (SOUTh4 DAKOT A) lq.A. EAST 60th STREET lqOKTI4 sIOLKK FALLS, SD 52113 plaintiff COt 1 O4 CO Olq pLEAS . CIJMBERLAlqD COUNT'/, PENngSYL¥ AlqlA : lqO. 02-4545 VS. MELANIE lq GILBERT 1000 ElqOLA ROAD NEWBURG, PA 17240-9338 : CIVIL AcTIOlq ' LAW Defendant Praecipe for Default judgment To the Prothonotary: want of an answer in the above ease in favor of the plaintiff and against the Please enter judgment by default for defendant, and assess damages as follows: $4,158.83 Principal: $0.00 Credit: $790.18 Attorney's Fees: $4,949.01 Total: 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 entere 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 prm 3. The said defendant is not in the Military Service of the United States or its Allies or otherwise within the coverage the Soldiers' and Sailors' Kelief Act of 1940, as amended, is over 18 years of age and has a civilian occupation. JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. N~P'236 S, P.C. ~squire Attorney for Plaintiff Attorney I.D. No. 11348 P.O. Box 356, W. Chester, PA 19381 10007.034.895 Burton Nell & Associates, P.C- is a debt collector BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 26 South Church Street West Chester, PA 193 82 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. 701 EAST 60th STREET NORTH SIOUX FALLS, SD 57117 VS. Plaintiff MELANIE N GILBERT 1000 ENOLA ROAD NEWBURG, PA 17240-9338 Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA ' NO. 02-4545 · CIVIL ACTION - LAW TO: Notice of Intention to File Praecipe for Default Judgment MELANIE N GILBERT 1000 ENOLA ROAD NEWBURG, PA 17240-9338 Date of Notice: March 05, 2003 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 i?om 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 f'md out where you can get legal help: Lawyer Referral Service Cumberland County Bar Assoc. 2 Liberty Avenue Carlisle, PA 17013 7172249-3166 . jB~ NE_~ ASSOCIATES, P.C. N Burton Neil,--Esqmr~'~ Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. 10007.0M.895