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HomeMy WebLinkAbout02-4547BURTON 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 IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM L GRIFFIE 7 Nittany Drive Mechanicsburg, PA Defendant ,q,f'q7 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. 717-249-3166 BURTON 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 1 lOth Street Kansas City, MO Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM L GRIFFIE 7 Nittany Drive Mechanicsburg, PA Defendant NO. - q£q7 : CIVIL ACTION - LAW Complaint 1. The plainfiffis Citibank South Dakota N.A., with place of business located at 7920 NW 110th Street, Kansas City, Missouri. 2. The defendant is William L Gd£fie, who resides at 7 Nittany Drive, Mechanicsburg, Cumberland County, Pennsylvania. COUNT I: BALANCE ON CREDIT CARD NUMBER: 4271382000646329 3. At the defendant's request, plaintiffissued the defendant a credit card with account number 4271382000646329 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 tree 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 purchase of goods, merchandise and services and/or for cash advances from vendors who accepted plaintiffs 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 charges made in full upon receipt of the statement or in installments subject to monthly fmance 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 f'mance charges, late or over limit charges is $6,255.20. 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 billing statement. As such, defendant is in default of the terms and conditions govem/ng the use of the credit card. 7. Although demand has been made by plaintiff upon defendant to pay the sum of $6,255.20, the defendant failed and refused to pay all or any part thereof. 8. Plaintiff alleges it is entitled to recovery of its attorneys 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 attorneys fees in the sum of $1,188.49. WHEREFORE, plaintiff demands judgment against the defendant on Count I in the sum of $6,255.20 attorneys fees in the sum of $1,188.49 and the costs of this action. COUNT H: BALANCE ON CREDIT CARD NUMBER: 4128002300705725 9. At the defendant's request, plaintiff issued the defendant a credit card with account number 4128002300705725 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. 10. The defendant accepted the credit card and the terms and conditions governing its use for the purchase of goods, memhandise and services and/or for 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 charges made in full upon receipt of the statement or in installments subject to monthly f'mance charges. 11. 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 f'mance charges, late or over 1/mit charges is $8,500.27· 12. Defendant did not pay the balance due in full upon receipt of the billing statements and failed to make the required m/n/mum monthly payment set forth in the billing statement. As such, defendant is in default of the terms and conditions governing the use of the credit card. 13. Although demand has been made by plaintiffupon defendant to pay the sum of $8,500.27, the defendant failed and refused to pay all or any part thereof. 14. Plaintiffalleges it is entitled to recovery of its attorneys 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 attorneys fees in the sum of $1,615.05. WHEREFORE, plaintiff demands judgment against the defendant on Count II in the sum of $8,500.27, attorneys fees in the sum of $1,615.05 and the costs of this action. BIfRT.O_N-~ IL & ASSOCIATES, P.C. By: ~..~.~_ .~ Burton Ned, Esqilire Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. 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: Name CITIBANK SOUTH DAKOTA N.A. Plaintiff Vo WILLIAM L. GRIFFIE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 024547 CIVIL ACTION - LAW ENTRY OF APPEARANCE To: Prothonotary, Cumberland County Please enter our general appearance on behalf of Defendant William L. Griffie. Papers should be served on the undersigned at the address set forth below. 801 North Second Street Harrisburg, PA 17102 (717) 232-5180 LAW OFFICES OF MARKIAN R. SLOBODIAN 801 North Second Street Harrisburg, PA 17102 (717) 232-5180 Attorney for William L. Griffie Dated:/~5/~2, CERTIFICATE OF SERVICE I hereby certify that I have, this date, mailed a true and correct copy of the foregoing Entry of Appearance by United States mail, first-class, postage prepaid, addressed to the following individual(s): Burton Neil, Esq, Burton Neil & Associates, P.C. 26 South Church Street West Chester, PA 19382 Dated:/(~/O;~ SHERIFF'S RETURN - REGULAR CASE NO: 2002-04547 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA N A VS GRIFFIE WILLIAM L JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GRIFFIE WILLIAM L the DEFENDANT , at 1500:00 HOURS, at 7 NITTANY DRIVE MECHANICSBURG, PA 17055 on the 25th day of September, 2002 by handing to WILLIAM GRIFFIE 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 8.28 Affidavit .00 Surcharge 10.00 .00 36.28 Sworn and Subscribed to before me this ~ day of A.D. ~ /Prothonotary' So Answers: o~/26/2oo2 BURTON NEIL & ASSOC By: ~.~ .~.~ puty Sheriff BURTON 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 64153 : IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. WILLIAM L GRIFFIE 7 NITTANY DRIVE MECHANICSBURG, PA 17055-5560 : NO. 02-4547 : CIVIL ACTION - LAW Defendant Praecipe to Settle, End & Discontinue To the Prothonotary: Mark the above matter Settled, Ended and Discontinued. BURTON~~ ASSOCIATES, P.C. Burtont~4eil, Esquir~ Attorney for Plaintiff