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HomeMy WebLinkAbout07-1950 Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street North, Sioux Falls, SD Plaintiff V. TINA A FLICK 18 Fickes Road, Newville PA 17241-9461 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Q 17 - (QSb GI U ZL I &-rr1, 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. 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 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 C-11539 Burton Neil & Associates, P.C. By: Burton Neil, Esquire, I.D. NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street North, Sioux Falls, SD Plaintiff V. TINA A FLICK 18 Fickes Road, Newville PA 17241-9461 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - ?Sd : CIVIL ACTION - LAW Complaint 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 Tina A Flick, who resides at 18 Fickes Road, Newville, 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 5466160101523189 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 $9,935.03 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 $9,935.03, and the costs of this action. Burton & ssociates, P. . Burton Neil, Es The law firm of Burton Neil & Associates, P.C. is a debt collector. 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C L > M N W 7 n V) U Q n E do O W U Q Z u (A ` L C m m Y U c y Q c U 1 m i O > ° yo u') a n Q 4- C) a %0 0 4-o3. o AAP 30 V 0 lV a; in °R 00 N W •°? Q ' t ? tH *01, E E 0 QVj) O a ° > > r0 C Q o >_ c r0 ad d a o- o •'E $ 0 4) U C) -" E a o cL E c r0 ? ra „ E? d C o o? EW C Y C -" - TC T Eg E u DU o ` ° a W o E o M? N ca r o ? J " °' c = E c a (V?m o a 0 o? y o u Y E c c 0 ` O ` O J °'om E? \ E LA co LA w C? v 00 0 D N Y cr 9 M ° ' ++ C o u >.0 n .? C E CA Z 0% fY .c ' ? - A M N cc o (0 CL 2 > M V) ) o CL O I- Cr a U a V M V, Detach and follow payment inst ructions on reverse Mahe check Payable to: Citi PremierPass `?) Card Total New Balance: $9,935.03 Minimum Amount Due: $9,935.03 Payment Due Date: 03/02/2007 000000 PW 32 A 0 TINA A FLICK 18 FICKES RD NEWVILLE PA 17241-9461 Account Number: 54661601 0152 3189 Amount Enclosed: Payment must be received by 5:00 PM local time on the payment due date. 0 CITI CARDS P.O. BOX 182564 COLUMBUS, OH43218-2564 EXHIBIT A . , % Verification I' Kris Deti 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 unworn falsification to the authorities. Tina A Flick 5466160101523189 T? ,r 'Iv_tl 'n O TI -r CD IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA, CITIBANK (SOUTH DAKOTA) N.A., Plaintiff, vs. TINA FLICK Defendant. Case No.: CV-07-1950 CIVIL ACTION - LAW PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance for TINA FLICK, defendant, in the above titled case. DATED: April 27, 2007 JASON M. RETTIG, PABN 200948 305 S. WARMINSTER RD. APT C4 HATBORO, PA 19040 (267) 879-9054 Attorney for Defendant TINA FLICK n f 1 ,] ?t JASON M. RETTIG, PABN 200948 305 S. WARMINSTER RD. APT C4 HATBORO, PA 19040 (267) 879-9054 Attorney for Defendant TINA FLICK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CITIBANK (SOUTH DAKOTA) N.A., Plaintiff, vs. TINA FLICK Defendant. Case No.: CV-07-1950 CIVIL ACTION - LAW t" w ANSWER AND NOW, this 27 h day of April, 2007, comes the defendant TINA FLICK, by and through her attorney Jason Rettig, who admits, denies, and alleges as follows: Defendant, TINA FLICK, admits to the facts contained in paragraph one, that the plaintiff is CITIBANK (SOUTH DAKOTA) N.A., with a principal place of business situated at 701 EAST W STREET NORTH, SIOUX FALLS, SOUTH DAKOTA. 2. Defendant, TINA FLICK, admits to the facts contained in paragraph two, that she resides at 18 FICKES ROAD, NEWVILLE, CUMBERLAND COUNTY, PENNSYLVANIA. 3. Defendant, TINA FLICK, admits the facts alleged in paragraph three, that the Plaintiff is a national banking association, engaged in various types of banking business including consumer lending through the issuance of credit cards. 4. Defendant, TINA FLICK, admits the facts alleged in paragraph four, that she was furnished consumer credit my means of a credit card with account number 5466160101523189. 5. Defendant, TINA FLICK, does not have sufficient information to admit or deny the facts alleged in paragraph five, that the Plaintiff kept accurate running records of all debits and credits to the account. 6. Defendant, TINA FLICK, denies facts alleged in paragraph six, that the Plaintiff mailed her monthly statements accurately stating the previous balance, the debits, and credits to the account for the prior billing period. 7. Defendant, TINA FLICK, denies facts alleged in paragraph seven, that she had, for many months, made payments on the account of the billing statement or retained it without paying. 8. Defendant, TINA FLICK, denies the facts alleged in paragraph eight, that her actions have constituted an account stated between the parties for the sum of $9,935.03. WHEREFORE, the defendant respectfully requests this honorable court enter judgment in favor of the defendant and that Complainant take nothing by said Complaint; that Defendant recover its cost of action herein; and such other relief as the Court may deem proper. Respectfully submitted, DATED; April 27, 2007 JASON M. RETTIG, PABN 200948 305 S. WARMINSTER RD. APT C4 HATBORO, PA 19040 (267) 879-9054 Attorney for Defendant TINA FLICK n ?, -r? ? C_ ? -?- _? -? s n ?' -T, r -- '? ' i _? ?, ?. y ' ? ,W r, _s - --r't :.? ???1 ?__{ ,,... ..G .?? ? SHERIFF'S RETURN - REGULAR CASE NO: 2007-01950 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOT4 NA VS FLICK TINA A JESSICA HERMANSEN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon T-IT Tl TJ TT ?.T -A T the DEFENDANT at ',1916:00 HOURS, on the 17th day of April 2007 at 18 FICKES ROAD NEWVILLE, PA 17241 TINA FLICK by handing to a true and attested ',copy of COMPLAINT & NOTICE together with and at the same tim; directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge 18.00 9.60 .39 10.00 .00 37.99 'LAD Sworn and Subscibed!to before me this day of So Answers: R. Thomas Kline 04/18/2007 BURTON NEIL & ASSOCIATES By. ,hMffl*0RF De y heriff A.D. • Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Telephone: 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. V. TINA A FLICK Plaintiff Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1950 : CIVIL ACTION - LAW Praecipe for Entry of Judgment on Stipulation Pursuant to the authority set forth in the attachment agreement between the plaintiff and defendant, enter judgment on behalf of the plaintiff, Citibank (South Dakota), N.A., and against the defendant, Tina a Flick and assess damages in the sum of $9,935.03. B n it ss ciates, P.C. B y: B t J. Suttell, Esquire Attorneys for Plaintiff And now, this 14A day of , 2002 , judgment is entered on behalf of the plaintiff, Citibank (South Dakota), N.A. and against the defendant, Tina a Flick, in the sum of $9,935.03. Prothonotary of CUMBERLAND County Lau- R . " eputy O to The law firm of Burton Neil & Associates is a debt collector. Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. TINA A FLICK Defendant C-1 6 31 IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-1950 : CIVIL ACTION - LAW Stipulation for Entry of Judgment It is hereby agreed by and between plaintiff, CITIBANK (SOUTH DAKOTA), N.A., and defendant, Tina A Flick, that judgment shall be entered on behalf of the plaintiff and against the defendant as set forth in the attached Praecipe for Judgment Upon Stipulation of the Parties. Burton Neil & Associates, P.C. it 4/ Date: F 71CId? By: _ y Br' J. Suttell, Esquire Attorney for Plaintiff Date: Tina A Flick, efendant Date: 91110 7 By: C.-? 'C/ ? ason Rettig, Esquire Attorney for Defendant In making this communication, we advise our firm is a debt collector. Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff V. TINA A FLICK 18 Fickes Road Newville PA 17241-9461 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-1950 : CIVIL ACTION - LAW Certification of Address Understanding that false statements herein are subject to penalty under 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, I verify that the above are the precise last-known addresses of the judgment creditor and debtor. B n it ssociates, P.C. By: Brit . Suttell, Esquire Atto ey for Plaintiff The law firm of Burton Neil & Associates is a debt collector. Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-1950 TINA A FLICK Defendant : CIVIL ACTION - LAW 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 pursuant to Section 201(b)(1)(A) of the Servicemembers Civil Relief Act of 2003 (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. . Bur7wire By: Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. w f 4 Ll? Burton Neil & Associates, P.C. By: Brit J. Suttell ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff Jason M. Rettig, Esquire 305 S. Warminster Road, Apt C4 Hatboro, PA 19040 CITIBANK (SOUTH DAKOTA), N.A. : IN THE COURT OF COMMON PLEAS V. Plaintiff : CUMBERLAND COUNTY PENNSYLVANIA NO. 07-1950 TINA A FLICK : CIVIL ACTION -LAW Defendant n f A.3rW E1Lj ?0 E1Lr1-pc? v2i'f?1" Discovery in Aid of Execution Judgment was obtained by our above-named client against your client on September 14, 2007. Plaintiff hereby serves you with written interrogatories (Part I) and requests for production of documents (Part II). You are required to furnish written answers within thirty (30) days after service in accordance with the Pennsylvania Rules of Civil Procedure. The answers shall be inserted in the space provided after each interrogatories and request; attach additional pages if more space is needed for the answer. This discovery is continuing and demand is hereby made to amend or supplement the answers as is required by the Pennsylvania Rules of Civil Procedure. If the answering party is a minor, a decedent's estate or an individual who is incompetent or under legal disability to provide answers, the individual providing answers shall state his or her name and the authority under which he or she is providing the answers. Burton Neil & Associates, P.C. By: Y/ /,/, 4? ? ? B t J. Suttell, Esquire In making this communication, we advise that our firm is a debt collector. C-11539 BJS/amc Part I - Written Interrogatories 1. Set forth your full name(s). f'? FV-KeS Root tykC?_ AfIe_ixf. 'V7 Vi C{C YJe,xv.illeI PA /'7;c/1 2. Is the address set forth above your current address? Yes [ ] No [ If the above listed address is not your current residence, where do you currently reside? 3. Do you own or rent the place where you live? Own[ X ] Rent[ ] 4. If you own your residence, are you the sole owner Yes [ ] No[ X ] If your answer is "No" indicate the name and address of any other owner(s). ,?-c11 1 Fvc Kes Roa.d Ne.wVille PA 1'73i/J 5. What is your monthly mortgage or rental payment? $ j 0 ry7? vCn 6. If you rent, set forth the name and address of your landlord and the amount of your security deposit. Landlord's name and address Amount of security deposit 7. Are you currently employed? Yes[ X ] No [ ] 8. Describe your employment and job title and indicate how long you have been with your current employer. 9. How much are you paid per week? $ 14 Are you paid weekly [ ], bi-weekly [ J( ] or monthly [ ]? 10. Are you a salaried [ ] or hourly [ X ] employee? If salaried, what is your annual salary? $ ; If hourly, what is your hourly rate? $_L, S.- 11. Do you own any real estate other than the place where you live? Yes [ ] No [ y ] % 12. If your answer to the last question was "Yes," state the address of all other real estate owned by you; indicate whether the property is owned in your name alone or with any other person. 13. If the answer was "Yes," do you rent/lease this other real estate to others?Yes [ ] No [ ] If "yes", set forth the following information: Tenant/lessee Name Address Monthly Rent Rent Due Date 14. Do you have any savings accounts If so, set forth the name and address of each bank or other saving institution where you have a savings account, the account number associated with the account, and the current balance. Is each account noted above in your name alone? If the answer is "No," indicate the name of each co-owner on the account and the person's relation to you. 15. Do you have any checking accounts If so, set forth the account number, the name of the bank or other institution, its address, the amount on deposit and the date and amount of the last deposit made. 9 J,PV/j77 f?7a??7 Is this account in your name alone? Yes [ X ] No [ ] 16. Do you own any stocks, bonds or mutual funds? Yes [ ] No [ X ] Yes [ ] No [ ] Yes [ X ] No [ ] Yes [ ] No [,X ] 17. If your answer to question 16 is "Yes," set forth the name and address of the brokerage firm or mutual fund company and attach to your answer a copy of the monthly statement for each brokerage or mutual fund account for the last day of the month preceding the date of these interrogatories. 18. Do you own any motor vehicles in your own name? Yes [ )(, ] No [ ] Describe each vehicle owned by you indicating the model name and year, the mileage and whether there is any balance owed on the vehicle. Chevy 00V q9, edo xi/es d1 1 93.7 19. Do you have any other source of income other than your job? Yes [ ] No [ x If "Yes," describe the source of income and the amount received. 20. Do you own any stamp, coin or other type collectable collection? Yes [ ] No [ ?( 21. Are you a member of a golf club? Yes [ ] No [ If "Yes," state the name and address of the club and the amount of the bond you have with the club. 22. Does anybody owe you any money? Yes [ 1 No [,< 1 If "Yes," describe the amount you are owed and the name and address of each person who owes you the money. 23. What was your gross income in 2006 What is your gross income this year to date?$ 2 24. Detail all other sources of income you receive. Part II - Requests for Production of Documents Pursuant to Pennsylvania Rules of Civil Procedure plaintiff hereby serves this request for production of documents upon defendant who is to furnish written answers within thirty (30) days and produce at the law offices of counsel for plaintiff at the address set forth above the following documents for plaintiff's inspection and copying in accordance with the Pennsylvania Rules of Civil Procedure. It is acceptable that the answer and produced documents be copied and mailed. INSTRUCTIONS AND DEFINITIONS A. For the purpose of this Request, the word "document" means the original, all drafts thereof, and all copies of any written, printed, recorded, charted, taped, graphic or magnetic matter (including, but not limited to, video tapes, audio tapes, and computer tapes and discs), however produced, reproduced or prepared. B. This Request applies to all documents in your possession, custody or control or in the possession, custody, or control, of persons acting or purporting to act on your behalf, including, but not limited to, your present and former agents, accountants and attorneys. DOCUMENT REQUESTS 1. Copies of the federal and state income tax returns filed by you, together with accompanying worksheets including W-2 forms by date; copies of federal and state income tax returns and profit and loss statements for any and all corporations, joint ventures, partnerships or other corporate or business associations in which you hold an interest for the year 2005. 2. All records indicating any and all income received by you from any and all sources from January 1, 2005 to date. 3. All employment information, including without limitation, wages, salaries, bonuses, stock options, commissions, earnings, income, employment contracts, pay raises, promotions, payroll deductions, other deductions of any kind, credit union accounts. 4. Records that relate to any secured or unsecured personal loan made by you whether to a member of your family, other individual(s) or to a business. 5. All savings account, credit union or other passbooks of yours, including those held by you in your name or in your name jointly with any other person, or entity, or in your name as trustee for any other person, from January 1, 2005 to date. 6. All checking accounts in your name individually or with another, including checkbooks or check registers, deposit slips, monthly statements for the period of six months immediately preceding the date of these requests. 7. All records pertaining to real estate in which you have acquired or may have acquired an interest, including any leases or mortgages related thereto (including monthly payments and present outstanding balance of principal and interest) together with any evidence showing all contributions in cash or otherwise made by you to the acquisition of such real estate. 8. Copies of any and all brokerage account statements or securities owned by you individually or jointly with any person or entity, for the period six months prior to the date of these requests. 9. Copies of any and all securities and investments owned by you and not reflected in any brokerage account records or statements. 10. All records indicating all interest of any kind held by you in any and all corporations (foreign or domestic) or any other entities not evidenced by certificates or other instruments. 11. All records pertaining to stock options in any corporation or other entity, exercised or not yet exercised. 12. Copies of all mortgages, notes receivable or other evidence of debts due you individually, or otherwise, executed or payable from January 1, 2004 to date. 13. Copies of all financial statements, balance sheets and income statements received by you with respect to any and all proprietorships, joint ventures, partnerships, realty trusts, corporations or other legal entities in which you hold a legal or equitable ownership interest, individually or otherwise from January 1, 2005 to date. 14. All records, bills, and invoices pertaining to the expenses and gross receipts relating to the conduct of any business in which you have an interest, for the years 2003 to date, together with any supporting documents including, but not limited to, invoices, bills, receipts, checks and other accounting records dealing with your accounts payable and accounts receivable for the years in question. 15. All insurance policies of whatever kind currently in effect and those which have been in force during the three previous years, together with any records indicating whether or not a claim has been made by you or anyone on your behalf relating to any of the policies enumerated. I certify that facts set forth in the foregoing answers to written interrogatories and requests for production of documents are true and correct subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ? .,' n &- I ??C4) Date: 10' TINA A FLICK Ca ? Cam: o F,7 rile' 4,. .74 r"t PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) Pa.R.C.P. § 3103 to 3149 CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. TINA A FLICK Defendant(s) ADAMS COUNTY BANK Garnishee(s) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-1950 : CIVIL ACTION - LAW To the Prothonotary: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER 1. Directed to the Sheriff of Cumberland County, Pennsylvania IS Feckes ad 2. against TINA A FLICK few vie PA Ira y 1- 4Q to I Defendant(s) 3. and against ADAMS COUNTY BANK , Garnishee(s) 4. and index this writ (a) against (b) against Defendant(s) Garnishee(s) as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s) as follows: (specifically describe property) NO LEVY. GARNISHMENT ONLY Serve interrogatories on garnishee at: 1 West Big Spring Avenue, Newville, PA 17241 5. Amount Due $9,935.03 Interest from 9/14/07 $51.30 Total $9,986-33* *Plus writ costs Dated: October 15, 2007 Brit . Suttell, Esquire Attorney for Plaintiff NOTE: Under paragraph 1 when the writ is directed to sheriff of another county as authorized by Rule 3103(b), the county should be indicated. Under Rule 3103(c) a writ issued on a transferred judgment may be directed only to the sheriff of the county in which issued. Paragraph 3 above should be completed only if indexing of the execution in the county of issuance is desired as authorized by Rule 3104(a). When the writ issued to another county indexing is required as of course in that county. See Rule 3104(b). Paragraph 4(b) should be completed only if real property in the name of the garnishee is attached and indexing as a lis pendens is desired. See Rule 3104(c). The firm of Burton Neil & Associates, P.C. is attempting to collect a debt. 1 b(-0 ?ndu,?cc eve' Sht i70 C-11539 k)&'-A CI?s PA Ig38o (010- 10a(0 -Ila U *aI)q lyG b4 [ - , a q0 "? '"° r .sue Ln ... ; C? ©Q -00 C! T' O C ? 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1950 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIBANK (SOUTH DAKOTA) N.A., Plaintiff (s) From TINA A. FLICK, 18 Fickes Road, Newville, PA 17241-9461 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: ADAMS COUNTY BANK,1 West Big Spring Avenue, Newville, PA 17241 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $9,935.03 Interest from 9/14/07 -- $51.30 Atty's Comm % Atty Paid $157.49 Plaintiff Paid Date: 10-19-07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs s olci .0 r is R. Long, Prothon ry By: Deputy REQUESTING PARTY: Name BRIT J. SUTTELL, ESQUIRE Address: BURTON NEIL & ASSOCIATES, PC 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Attorney for: PLAINTIFF Telephone: 610-696-2120 Supreme Court ID No. 204140 IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Citibank (South Dakota), N.A., No. 07-1950 Civil Term Plaintiff, VS. Tina A.. Flick, Defendant VS. Adams County National Bank, Garnishee CERTIFICATE OF SERVICE AND NOW, this do-A day of November, 2007, I, Edward G. Puhl, Esquire, of Puhl, Eastman & Thrasher, attorney for Garnishee, Adams County National Bank, hereby certify that I have this date served Garnishee's Answers to Interrogatories, by mailing a true copy first class mail, postage prepaid, to Brit J. Suttell, Esquire, at the address shown below: i Burton Neil & Associates, PC 1060 Andrew Drive, Suite 170 West Chester, PA 19380 PURL, EASTMAN & THRASHER B C Y• Edward G. Puhl, Esquire Attorney ID# 55709 Attorney for Garnishee 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 4. . ? .-}? t, .... ? f ?, `fii ? ??? ?i ... -?. , y _ _ .^? . ;?-1 .. .r' r yy . a .? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Citibank (South Dakota) N.A., Plaintiff, V. Tina A. Flick, Defendant, and Adams County National Bank, Garnishee. Judgment & Writ Number 07-1950 Civil Term Attachment Execution Proceedings PROOF OF NOTICE TO DEFENDANT COMMONWEALTH OF PENNSYLVANIA, COUNTY OF ADAMS. On this, theday..gf November, 2007, before me, a Notary Public, in and for said Commonwealth and County, the undersigned officer, personally appeared Edward G. Puhl, Esquire, attorney for Adams County National Bank, the Garnishee in the above entitled attachment execution proceedings, who having been by me duly sworn, according to law, on his oath, does depose and say that on November 21, 2007, he forwarded to the Defendant, Tina A. Flick, a copy of the writ issued in said proceedings on November 9, 2007, and a copy of the answer to Interrogatories Adams County National Bank, Garnishee, by mailing the same certified mail deposited at the post office in Gettysburg, Adams County, Pennsylvania, addressed to the Defendant at the following address: 18 Fickes Road, Newville, Pennsylvania 17241. Attached to this Proof of Notice is the certified mail receipt showing the aforesaid mailing of the items hereinbefore mentioned. Sworn d s scribed before me this day of November, 2007. Edward G. Puhl, Esquire X4,1. 7T. C7?t. D CONWONWEALTH OF PENNSYLVANIA Notary Public NabrM Seel Lade R OA'ne% NaWy Pd* My commission expires: Cmv tai *m Eee Oct 23Ccun1v2D71 Mw4w, PennsyMa * Assoda*m of Nohrks 0 -r 'TI 4 r-n co Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. TINA A FLICK Defendant and ADAMS COUNTY BANK Garnishee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-1950 : CIVIL ACTION - LAW Praecipe for Judgment Against Garnishee To the Prothonatary: Kindly enter judgment in favor of plaintiff, CITIBANK (SOUTH DAKOTA), N.A., and against garnishee, ADAMS COUNTY BANK, for the amount admitted in its possession in the attached Answers to Interrogatories in the total sum of $1764.55. Burton Neil & Associates, P.C. By: . Y-/ BriJ. Suttell., Esquire Attorney for Plaintiff AND NOW this/ '74-4"- day of ?iLL , 2007, judgment is hereby entered in favor of plaintiff, CITIBANK (SOUTH DAKOTA), N.A., and against garnishee, ADAMS COUNTY BANK, in accordance with the attached Answers to Interrogatories in the total sum of $1764.55. 4,1 A77L4?- Prothonotary , In making this communication, we advise that our firm is a debt collector. PUHL, EASTMAN & THRASHER EDWARD G. PUHL ATTORNEYS AT LAW HAROLD A. EASTMAN, JR. 220 BAMMORE STREET RICHARD E. THRASHER GETTYSBURG, PENNSYLVANIA 17325 EDWARD B. BULLEIT (1914-2001) PHONE (717) 334-2159 FAX (717) 334-0336 November 21, 2007 Brit J. Suttell, Esq. Burton Neil & Associates, PC 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Our File: 4188 In re: Citibank (South Dakota) N.A. vs. Tina A. Flick and Adams County National Bank, Garnishee No. 07-1950 Civil Term Dear Attorney Suttell: Enclosed please find the original and one true copy of the Answers to Interrogatories in the above-referenced matter. Please file the original with the Prothonotary of Cumberland County, keeping one true copy for your records. Very truly yours, Edward G. Puhl EGP:lg Enclosures cc: Adams County National Bank Burton Neil & Associates, P.C. By:Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 193 80 - 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. IN THE COURT OF COMMON PLEAS Plaintiff V. TINA A FLICK 18 Fickes Road, Newvilie PA 17241-9461 Defendant(s) ADAMS COUNTY BANK Garnishee(s) CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1950 : CIVIL ACTION - LAW oosezvs -46 Interrogatories to Garnishee To: ADAMS COUNTY BANK 1 West Big Spring Avenue, Newville, PA 17241 You are required to file answers to the following interrogatories withing twenty (20) days after service upon you. Failure to do so may result in judgment against you: 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant or any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? No. 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owed solely or in part by the defendant? Yes. 3. If the answer to 1 and/or 2 is yes, please specify the nature of the property and, if money, the amount? Checking Acooxmt No. 161748, styled in the name of Tina A. Flick, of 18 Fickes Road, Newville, PA 17241-9461, with a balance of $2,064.55. 4. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? No. 5. At the time you were served or at any subsequent time did you hold as fiduciary any property in which defendant had an interest? No. 6. At any time before or after you were served did the defendant transfer or deliver any property to you or any person or place pursuant to your direction or consent and if so what was the consideration therefor? No. 7. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? No. 8. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. No. 9. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. § 8123? If so, identify each account. No. Burton Neil & Associates, P.C. By: Brit J Suttell, Esquire The firm of Burton Neil & Associates, P.C. is attempting to collect a debt. The undersigned verifies that the answers contained herein are free and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsifications to authorities. ADAMS COUNTY NATIONAL BANK Dated: &yz La ' 0? By:? cam' -z ; u t ,f Jane . Gwyn, Assistant Vice President IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Citibank (South Dakota), N.A., No. 07-1950 Civil Term Plaintiff, • 4 VS. Tina A.. Flick, VS. Defendant Adams County National Bank, Garnishee jE t ?..1 CERTIFICATE OF SERVICE AND NOW, this o?&'1'4 day of November, 2007, I, Edward G. Puhl, Esquire, of ? i Puhl, Eastman & Thrasher, attorney for Garnishee, Adams County National Bank, hereby certify that I have this date served Garnishee's Answers to Interrogatories, by mailing a true copy first class mail, postage prepaid, to Brit J. Suttell, Esquire, at the address shown below: Burton Neil & Associates, PC 1060 Andrew Drive, Suite 170 West Chester, PA 19380 PUHL, EASTMAN & THRASHER By: Edward G. Puhl, Esquire Attorney ID# 55709 Attorney for Garnishee 220 Baltimore Street Gettysburg, PA 17325 (717) 334-2159 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Citibank (South Dakota) N.A., Plaintiff, Judgment & Writ Number 07-1950 Civil Term V. Tina A. Flick, Defendant, Attachment Execution Proceedings and , Adams County National Bank, Garnishee. PROOF OF NOTICE TO DEFENDANT COMMONWEALTH OF PENNSYLVANIA, COUNTY OF ADAMS. On this, theA day,of November, 2007, before me, a Notary Public, in and for said Commonwealth and County, the undersigned officer, personally appeared Edward G. Puhl, Esquire, attorney for Adams County.National Bank, the Garnishee in the above entitled attachment execution proceedings, who having been by me duly sworn, according to law, on his oath, does depose and say that on November 21, 2007, he forwarded to the Defendant, Tina. A. Flick, a copy of the writ issued in said proceedings on November 9, 2007, and a copy of the answer to Interrogatories Adams County National Bank, Garnishee, by mailing the same certified mail deposited at the post office in Gettysburg, Adams County, Pennsylvania, addressed to the Defendant at the following address: 18 Fickes Road, Newville, Pennsylvania 17241. Attached to this Proof of Notice is the certified mail receipt showing the aforesaid mailing of the items hereinbefore mentioned. Edward G. Puhl, Esquire Sworn scribed before me this day of November, 2007. C 74t;a- O COMMONWEALTH OF PENNSYLVANIA Notary Public Notarial Seel Lade R G*na% Notary Pubic My commission expires: O n Ekes Oat. 2311 Manibw, Pennsylvania Association of MOUWies Ln Ln U- Postage $ S$ c d S n -D Certified Fee GS -0 . Postm Return Receipt Fee (Endorsement Required) Here ? m OOZ 17, GW4 r-I O Restricted Delivery Fee ? y t3 (Endorsement Required) y 5? M Total Postage & Fees $ 3. a 3 dd 0 = Recipient's Name (Please Print Clearly) (to be completed by mailer) M Tina A. Flick --------- ---------------- ------------ ° _ - ------ . . •- -- st RoaNo. ?'i? d k 117 l c es ----------- ------------------------------------ ----------------------------- o -------- ci lg.?e, PA 17241 C I m ?' ?' e5 t-n Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 193 80 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. TINA A FLICK Defendant and ADAMS COUNTY BANK Garnishee : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1950 CIVIL ACTION - LAW Rule of Civil Procedure NO. 236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on -hQ c- T. .26,67 Prothonotary By If you have any questions concerning the above, please contact: Brit J. Suttell, 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 our firm is a debt collector. SHERIFF'S RETURN - GARNISHEE CASE NO: 2007-01950 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS FLICK TINA A And now KENNETH GOSSERT ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0015:28 Hours, on the 9th day of November , 2001, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT rT -1 --- T in the hands, possession, or control of the within named Garnishee ADAMS COUNTY BANK 1 WEST BIG SPRING AVE NEWVILLE, PA 17241 Cumberland County, Pennsylvania, by handing to HOLLY BONNER (SALES & SERVICE ASSOCIATE) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her Sheriff's Costs: Docketing Service Affidavit Surcharge true and made So answers: .00 .00 t .00 R. Thomas Kline' .00 Sheriff of Cumberland County .00 . 0 0 1/ l/?•2 9I6 -7 11/13/2007 Sworn and Subscribed to before me this day of By A.D Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. NO. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. TINA A FLICK Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-1950 and ADAMS COUNTY BANK Garnishee To the Prothonotary: CIVIL ACTION - LAW Praecipe to Satisfy Judgment Against Garnishee Kindly mark the judgment against garnishee ADAMS COUNTY BANK, in the above matter, SATISFIED on payment of your costs only. Burt it 8 s o ' tes, P.C. By: Bt J. Suttell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-11539 i mmi 111111111111 Jim JIa III III Jill 1111111111111 Jill I11i 111111111111111 Jill 111111111 1111 111111111 Jill 111111111111111111111111111111111111111111111111111111111111 oo M r a C-n w -D ? p .. Cin ? rJ Ttis ' :77 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Certified Mail Post Pone Sale Garnishee Postage TOTAL Advance Costs: 150.00 Sheriff's Costs: 118.98 18.00 31.02 28.92 .50 2.00 Refunded to Atty on 01 / 14/08 10.56 30.00 20.00 9.00 $ 118.98 ? f qo y So Answers; .s f'Q R. Thomas Kline, Sheriff ^` atae-4/ By Claudia A. Brewbaker Cr. ?... , LJI 0 16" WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1950 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIBANK (SOUTH DAKOTA) N.A., Plaintiff (s) From TINA A. FLICK, 18 Fickes Road, Newville, PA 17241-9461 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: ADAMS COUNTY BANK, 1 West Big Spring Avenue, Newville, PA 17241 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $9,935.03 Interest from 9/14/07 -- $51.30 Atty's Comm % Atty Paid $157.49 Plaintiff Paid Date: 10-19-07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs /s/ l l.(.l-M d R." is R. Long, Prothon ary By: Lt., C. Deputy U. REQUESTING PARTY: Name BRIT J. SUTTELL, ESQUIRE Address: BURTON NEIL & ASSOCIATES, PC 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Attorney for: PLAINTIFF Telephone: 610-696-2120 Supreme Court ID No. 204140 'l UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: 011'1450 TINA ARLENE FLICK, Chapter 7 Debtor Case No. 1-08-bk-00299 TINA ARLENE FLICK, Debtor/Movant V. CITIBANK (SOUTH DAKOTA), N.A., Respondent ORDER It appearing that the respondent has failed to answer or otherwise defend as to the Motion to Avoid Judicial Lien filed herein by Movant, and upon this Court's finding that the allegations of said motion are sufficient to state a good claim for relief, it is hereby ORDERED, ADJUDGED and DECREED that: 1. The judicial lien held by the respondent, Citibank (South Dakota), N.A., against Debtor's real property located at 18 Fickes Road, Newville, Cumberland County, Pennsylvania, and entered of record at Docket No. 07-1950 Civil Term at the Cumberland County (PA) Court of Common Pleas, is declared void. 2. The respondent shall forthwith take all steps necessary to release said judicial lien and remove it from the local judgment index. By the Court, . Dated: June 3, 2008 Jdc (BR) This document is electronically signed and filed on the same date. . are r,~ ~~p_y~ 1 a ~ .., 71 d .~ i ~_~r'ti~r'' Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire ID. N0.204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. IN THE COURT OF COMMON PLEAS v. TINA A FLICK Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1950 Defendant :CIVIL ACTION -LAW Praecipe to Satisfy Judgment To the Prothonotary: Mark the judgment Satisfied . Burton Neil & Associates, P.C. By: _ rit J. Suttell, quire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-11539 / 318 ~ ~q.sa(~~ a~ ~ ~~70~