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Home My WebLink About09-8139Burton 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. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. GERALD L WALN 413 5th Street, New Cumberland PA 17070-0242 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1R - 8139 0,witTi^ 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-19256 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. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA , , I : NO. G9, ?13,9 ces,,- GERALD L WALN 413 5th Street, New Cumberland PA 17070-0242 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 Gerald L Waln, who resides at 413 5th Street, New Cumberland, 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 2903 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 $7,219.57 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 $7,219.57, and the costs of this action. Burton Neil & As fates, P.C. By: 'rd w46 J. rien, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. Sears Car' GERALD L WAL Account Number: 903 Page 1 of 2 ?Nw Your Account Summa Billing Cycle Closing Date 09/26108 Amount Over Credit Line $1,289.57 Amount Past Due $860.00 Total Minimum Due $1,021.00 Previous Balance $7,025.97 Payments & Credits $0.00 Purchases & Debits $0.00 Other Charges $35.00 Total FINANCE CHARGES $158.60 Account Balance $7,219.57 Your Credit Summary Total Credit Line $5,930.00 Total Credit Available $0.00 Call us at 1-800.917-7700 Go to www.searseard.com Write to us at Po Box 6283 Sioux Fells, SD 57117-6283 Payment Due Date 10/24/08 You're in charge. We may have the payment solution just for you, and you're in control of how you do it. ^ Manage your account online OR by phone • You can quickly go online, or call to get personal assistance • See when a payment is due or posted (`? J • Select from affordable payment options to meet your needs that mom- Lower your annual percentage rate / - Lower your minimum payment Contact us today-we can help. Activity Sale Date Poet Date Description Amount 09/24/08 09/24/08 LATE PAYMENT FEE YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $7,025.97, 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: aw 903 Payment Total Account Balance Due Date Minimum Due Amount Enclosed C $7,219.57 10/24/08 L $1,021.00 ___J 0086646 EX 19 A 08270 1 TRS008 FXG 001 7 N IIIIIIIII II IIIII I111IIII IIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIII GERALD L WALN PO BOX 242 NEW CUMBERLAND PA 17070-0242 Please make address changes on reverse side. IIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII1111IIIIIIII 35.00 Make check payable to SEARS CREDIT CARDS PO BOX 183081 COLUMBUS, OH 43218-3081 EXHIBIT 200 5049941182668944 0721957 0102100 0000000 1914 Sears Card' GERALD L WALN Account Number: XX XXXXX XX 2903 Page 2 of 2 a664s Call us at 1-800-917-7700 Go to www.seemcard.com Write to us at PO Box 6283 Sioux Falls, SD 57117-6283 Payment Due Date 10/24/08 Average Corresponding Periodic Rate Periodic Deify ANNUAL D=Day FINANCE Rates 'Rate Varies Balance Balance PERCENTAGE RATE M=Month CHARGE SEARS REGULAR $7,219.57 $7,105.79 27.15%* .0744%(D)* $158.60 EXTERNAL REGULAR $0.00 $0.00 27.15%* .0744%(D)* $0.00 CASH ACCESS REGULAR $0.00 $0.00 27.15%* .0744%(D)* $0.00 Days in Billing Period: 30 Effective ANNUAL PERCENTAGE RATE: 27.15% Minimum FINANCE CHARGE: $0.010 Cardmember News The Sale Date is the Transaction Date. Verification -? ??ttf,%ynolds I, , 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. V r Signature C-19256 Gerald L Waln Account number ending in 2903 1031 U FILED--C)? ICE OF THE P?j ,,np ?!'?TRRY 2009 NOY 23 PM 1: 5 2 $'i.Z.50 Po J%T N ?,?a ?344a a34CO3 y r Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND UNTV i a 0 t 'i Citibank (South Dakota) N.A. . vs. Case Number Gerald L. Waln 2009-8139 SHERIFF'S RETURN OF SERVICE 04/14/2010 01:30 PM - Steve Bender, Deputy Sheriff, who being duly sworn according t law, states that on April 14, 2010 at 1330 hours, attached as herein commanded all goods, chattels, righ ts, debts, credits, an d monies of the within named defendant, to wit: Gerald L. Waln, in the hands, possess i ion, or control of thelwithin named garnishee, PNC Bank, 1104 Carlisle Road, Camp Hill, Cumberland C ounty, Pennsylvania, by handing to Wanda Wert, Branch Manager, personally three copies of interro gatories together with three true and attested copies of the writ of execution and made the contents ,there of known to her. The writ of execution and notice to defendant was mailed on April 16, 2010 t o Gerald L. Waln at 1413 5th Street, New Cumberland, PA 17070. 11/02/2010 Ronny. R. Anderson, Sheriff, who being duly sworn according to law, states t is writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $96.21 SO ANSW I ERS, November 02, 2010 RONNY ANDERSON,,S RIFF B r >ar6 n R. Lantz r 4,C) ? E .. `, T ^'t. Ins, WRIT OF EXECUTION and/or ATTACHMENT I COMMONWEALTH OF PENNSYLVANIA) NO 09-809 Civil COUNTY OF CUMBERLAND) 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 GERALD L. WALN., 413 5`h Street, New Cumberland, PA 17070-0242 (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 up n in the possession of GARNISHEE(S) as follows: PNC BANK, 1104 Carlisle Road, Camp Hill, PA 17011 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garn. paying any debt to or for the account of the defendant (s) and from delivering any (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is fog of anyone other than a named garnishee, you are directed to notify him/her that he garnishee and is enjoined as above stated. Amount Due $7,219.57 L.L. $.50 Interest from 1/11/10 -- $96.73 Atty's Comm % Due Prothy $2.00 Atty Paid $162.80 Other Costs Plaintiff Paid Date: 4/5/10 (Seal) REQUESTING PARTY: Name EDWARD J. O'BRIEN, ESQUIRE Address: BURTON NEIL & ASSOCIATES PC 1060 ANDREW DRIVE, SUTIE 170 WEST CHESTER, FA 19380 Attorney for: PLAINTIFF Telephone: 610-696-4111 By: ;hee(s) is enjoined from property of the defendant nd in the possession she has been added as a ?I Supreme Court ID No. 32985