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Home My WebLink About09-5942I Burton Neil & Associates, P.C. By: Edward J. O'Brien, Esquire ID. NO. 32985 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 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DAVE H BARRICK ; NO. QLi _ Sel4a alylL??'Ml 103 Country View East, Newville PA 17241-8755 Defendant 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-19402 Y Burton Neil & Associates, P.C. By: Edward J. O'Brien, Esquire ID. NO. 32985 1060 Andrew Drive, Suite 170 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 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 Dave H Barrick, who resides at 103 Country View East, 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(n) Sears credit card with account number ending in 4646 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 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. DAVE H BARRICK 103 Country View East, Newville PA 17241-8755 Defendant account of the billing statement or retained the statement without payment. I 8. Defendant's actions as set forth above constituted an account stated between parties for the sum of $3,166.59 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 $3,166.59, and the costs of this action. Burton Nail & Associates, ' PC. LBy: Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. Sears Card' Call us at 1-800-917-7700 Go to www.searecard.com Write to us at PO Box 6283 Sioux Fells, SD 57117-6283 DAVE H BARRICK Due Date Account Number: 4Ma1--4646 Payment Page 1 of 2 10/31/08 Your Account Summa Billing Cycle Closing Date 10/03/08 V Amount Over Credit Line $306.59 You're in charge. Amount Past Due $589.44 We may have the Total Minimum Due $711.92 y 're In ymet t of solution just do ft. you, . Previous Balance $3,076.11 and you Payments & Credits $0.00 Manage your account online OR by phone U V Purchases & Debits $0.00 • You can quickly go online, or call to get personal assistance I "I Other Charges $35.00 ' See when a payment is due or posted Total FINANCE CHARGES • Select from affordable payment options to meet your needs that $55.48 Account Balance $3,166.59 may: - Lower your annual percentage rate - Lower your minimum payment Your Credit Summary Contact us today-we can help. Total Credit Line $2,860.00 1-866-518-9057 Total Credit Available $0.00 Activity Sale Date Post Date Description Amount 09/30/08 09/30/08 LATE PAYMENT FEE 35.00 YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $3,076.11, WHICH WAS YOUR ACCOUNT BALANCE ON THE LATE FEE TRANSACTION DATE. YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST DUE IS SHOWN ABOVE. ARRANGEMENTS FOR FUTURE PAYMENTS SHOULD BE MADE IMMEDIATELY. Average Corresponding Periodic Rate Periodic Rates 'R V Deily ANNUAL D--Day FINANCE ate aries Balance Balance PERCENTAGE RATE M=Month CHARGE SEARS REGULAR $3,166.59 $3,107.35 21.00% .0576%(D) $55.48 Days in Billing Period: 31 Effective ANNUAL PERCENTAGE RATE: 21.00% Minimum FINANCE CHARGE: $0.00 Please follow payment instructions on reverse side. Payment must be received by 5:00 p.m. local time on Payment Due Date. Sears Cardo Account Number: 4646 Payment Total Account Balance Due Date Minimum Due E:$:3:16:6.59 10/31/08 $711.92 Amount Enclosed 0079847 EX 01 A 08277 1 TRS006 FXG 001 7 N IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII VIIIIIIIIII111IIVIII VIIIIII V III V III V IIIIIIIIIIIIIIII Make check payable to DAVE H BARRICK SEARS CREDIT CARDS 103 COUNTRY VIEW EST PO BOX 183081 NEWVILLE PA 17241-8755 COLUMBUS, OH 43218-3081 Please make address changes on reverse side. RHIBIT 200 5049941166334646 0316659 0071192 0000000 0116 r . Cardmember News Sears Card" DAVE H BARRICK Account Number: XXXX XXXX XXXX 4646 Page 2 of 2 79847 Call us at 1-800-917-7700 Go to www.searecard.oom Write to us at PO Box 6283 Sioux Falls, SD 57117-6283 Payment Due Date 10/31/08 The Sale Date is the Transaction Date. Your Total Minimum Payment on any Account Balance over $10 will no longer include the total amount of balance transfer and cash advance transaction fees or applicable insurance charges or credit protection fees assessed that billing period. Remember, you can pay these fees (and any other amounts owed on your account) at any time. e Verification Pam Cline 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 on its behalf. 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. Signature C-19402 Dave H Barrick Account number ending in 4646 1031 Q 2Ory9 AUG 31 N 03 CLI $'18.50 PP A co l85 8 f pr# aagq g(o R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Sheriffs Office of Cumberland County RLED-Of FIC E OF THE Pr0TF0N0,TARY 2009 SEP -8 AM 10: 35 CUM86.?_ ut) Wt?UNMY FF a - Ec, cFiF? PENNSYLMN'? Citibank (South Dakota) N.A. vs. Dave H. Barrick Case Number 2009-5942 SHERIFF'S RETURN OF SERVICE 09/03/2009 04:33 PM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on September 3, 2009 at 1633 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Dave H. Barrick, by making known unto himself personally, at 103 Country View East Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $38.80 September 04, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF By Deputy Sheriff Burton Neil & Associates, P.C. By: Edward J. O'Brien, Esquire ID. NO. 32985 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOU'T'H DAKOTA), N.A. Plaintiff V. DAVE H BARRICK Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-5942-CIVIL TERM CIVIL ACTION - LAW Praecipe to Settle, End, & Discontinue To the Prothonotary: Mark the above matter Settled, Ended and Discontinued. The law firm of Burton Neil & Associates is a debt collector. B eil & Ass P.C. By• Ed d J. O' , Es Attorney for Plaintiff C-19402 OF 4'RWRAW 20 SEP 30 PM 1= 14 ll,?Am