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Home My WebLink About09-7218Burton 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. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CRAIG E SMILEY : NO. (q _ "7 .7 1 p (Y p-.M 306 S Front Street, Lemoyne PA 17043-1338 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-19241 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. IN THE COURT OF COMMON PLEAS 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. U9- '712 107 CRAIG E SMILEY 306 S Front Street, Lemoyne PA 17043-1338 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 Craig E Smiley, who resides at 306 S Front Street, Lemoyne, 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 5791 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 $4,644.17 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 $4,64417, and the costs of this action. P.C. By: Ngi is'fein, Esquire for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt Sears Carde Call us at 1-800-917-7700 Go to www.searscerd.com Write to us at PO Box 8283 Sioux Fans, SD 57117-8283 CRAIG E SMILEY Account Number: 5791 Payment Due Date Page 1 of 2 10/24/08 Your Account Summary Billing Cycle Closing Date 09/26/08 You're in charge. Amount Over Credit Line $654.17 Amount Past Due $891.53 We may have the payment solution just for you, Total Minimum Due $1,075.30 and you're in control of how you do ft. Previous Balance $4,507.40 Payments & Credits $0.00 Purchases & Debits $0.00 Other Charges $35.00 Total FINANCE CHARGES $101.77 Account Balance $4,644.17 Your Credit Summary Total Credit Line $3,990.00 Total Credit Available $0.00 Manage your account online OR by phone • You can quicW go online, or call to get personal aseletance • See when a • Select from affordable due posted payment optkxte to most your needs that your annual percentage rate your minimum payment iCointacitus today-we can help. J Activity Sale Date Post Date Description Amount 09/24/08 09/24/08 LATE PAYMENT FEE YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $4,507.40, 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. Please follow payment instructions on reverse side. Payment must be received by 5:00 p.m. local time on Payment Due Date. Sears Card" Account Number:lM? 5791 Payment Total Account Balance Dua Date Minimum Due Amount Enclosed -) is $4,644.17 10/24/08 $1,075.30 35.00 0096289 EX 19 A 06270 1 TRS009 FXO 001 7 N IIIIII'II II?IIIIIII I'III IIIIII'IIIIIIIIIIIII IIIIIIIIIIIIIII I'I IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII'II IIIIIIIIIII?IIII1111I?IIIIII Make check payable to CRAIG E SMILEY SEARS CREDIT CARDS 306 S FRONT ST PO BOX 183081 LEMOYNE PA 17043-1338 COLUMBUS, OH 43218-3081 Please make address changes on reverse side. 200 791 0464417 0107530 0000000 1912 XHIBIT Sears Card° CRAIG E SMILEY Account Number: XXXX XXXX XXXX 5791 Page 2 of 2 86289 Average Corr Daily ANh Rates *Rate Varies Balance Balance PER Call us at 1-800-917-7700 Go to www.o"recard.com Write to us at PO Box 6283 Siotot Fell*, SD 57117-8293 Payment Due Data 10/24/08 iponding Periodic Rate Periodic JAL D--Day FINANCE ENTAGE RATE M=Month CHARGE SEARS REGULAR $384.60 $349.02 27.15%* .0744%(D)* $7.79 EXTERNAL REGULAR $4,259.57 $4,210.83 27.15%* .0744%(D)* $93.98 CASH ACCESS REGULAR $0.00 $0.00 27.15%* .0744%(D)* $0.00 Days in Billing Period: 30 Effective ANNUAL PERCENTAGE RATE: 27.15°/6 Minimum FINANCE CHARGE: $0.00 Cardmember News The Sale Date is the Transaction Date. Verification Lisa Mumer 1> , am employed by Citicorp Credit Services, Inc. (USA) (hereafter CCSI), a subsidiary of plaintiff, Citibank (South Dakota), N.A. CCSI is a service provider for plaintiff in that it services credit card accounts owned by plaintiff. I am authorized to make this verification on behalf of plaintiff. The statements of facts set forth in the complaint are true and correct upon my information and belief and are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. A 1 u4?d ? Signature C-19241 Craig E Smiley Account number ending in 5791 1031 0 OF Tag OF THE 2099 OCT 21 Fkill i2: l4 6 GU f1 <t $?S.So Pa A7nY co &1145 w* a3a335 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ???tw?tp pS tuu??rrfr??? 0MCE (CF -?4E >-.ERIFF ALCCt-& - SCE 2009 NOV -4 Am 11: 04 ?} 1 Edward L Schorpp Solicitor Citibank (South Dakota) N.A. vs. Craig E. Smiley Case Number 2009-7218 SHERIFF'S RETURN OF SERVICE 11/02/2009 06:52 PM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on November 2, 2009 at 1852 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Craig E. Smiley, by making known unto Ralph Castle, adult in charge at 306 1/2 S. Front Street Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $42.40 November 03, 2009 SO ANSWERS, rimier 4ento R THOMAS KLINE, SHERIFF By Deputy Sheriff %Ci CountySuite Shenff. Teleosoff, Inc,