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HomeMy WebLinkAbout10-4146I Burton Neil & Associates, P.C. By: Daniel A. Payne, Esquire ID. NO. 202294 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. ALVIN E FETROW 104 Lincoln Street, Enola PA 17025-2530 Defendant `b . ra ti N IN THE COURT OF COMMON PLEAS W : CUMBERLAND COUNTY, PENNSYLVANIA NO. ?OL yI V6 CN:' 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-35319 Ck # 767'? ? 2#?yyo Burton Neil & Associates, P.C. By: Daniel A. Payne, Esquire ID. NO. 202294 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 IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ALVIN E FETROW 104 Lincoln Street, Enola PA 17025-2530 Defendant 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 Alvin E Fetrow, who resides at 104 Lincoln Street, Enola, 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) Home Depot credit card with account number ending in 1411 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 $2,333.21 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 $2,333.21, and the costs of this action. Bur?pq Neil & Associates, P.C. 1)?4 rV By: Daniel A. Payne, Es re Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. ` / ?A Account Statement 0/? Send Notice of Billing Errors and Customer Service: Customer Service Inquiries to: myhomedepotaccount.com Mai ents must be HOME DEPOT CREDIT SERVICES or 1-866-456-7683 Central received by on p. m. PO BOX 689100, DES MOINES IA 50368-9100 Time on Account: 1411 AUGUST 31, 2009 Closing Date Nam Closing Date Credit Line Credit Available Payment Due Date Minimum Payment Due AUGUST 05, 2009 SEPTEMBER 03, 2009 $0.00 $0.00 AUGUST 31, 2009 $808.00 Opening Balance Payments dr Credits Purchasss/Other Charges FINANCE CHARGES New Balance Revolving Balancet $2,245.45 $0.00 $39.00 $48.76 $2,333.21 Promotion Balance $0.00 $0.00 + $0.00 + $0.00 $0.00 Total Balance $2,245.45 $0.00 $39.00 $48.76 $2,333.21 t Revolving Balance includes non-promotional transactions plus Promotions that have expired. 11- CURRENT ACTIVITY Transaction Date Location/Traneactions Amount Your late fee was based on an account balance of $2,245.45, which was your account balance on the late fee transaction date. SEE BACK OF STATEMENT FOR INFORMATION ON GRACE PERIOD AND PROMOTIONAL OFFERS. 08/02 LATE FEE $ 39.00 08/05 'BILLED FINANCE CHARGES' $ 48.76 ANNUAL PERCENTAGE RATE on the account: 26.99%" The'ANNUAL PERCENTAGE RATE on the account' includes all transaction and periodic finance charges imposed this billing period on all balances on which finance charges were imposed. Finance charges may be accruing on promotional balances and may be billed to your account under the terms of the promotional offer. Refer to the corresponding APR for the APR that applies to each balance. FINANCE CHARGE SUMMARY Balance Corresponding Days in Periodic Other Subject to Daily ANNUAL Billing FINANCE FINANCE Finance Charge Periodic Rate PERCENTAGE RATE Period CHARGES CHARGES Current Billing Period REGULAR REVOLVE CREDIT PLAN $2,274.22 0.07394% (M) 26.99% 29 $48.76 Z - Z Z cQ Z r?S I ?Z no Z Z Z I Z Z Z 1 Z Z Z Z Page 1 o1`2 -- ---------- -------------------- -- °-----------------------------• :0.11 This Account Issued by Citibank (South Dakota), N.A. ----------------------------------------------------------- ? Please detach here. Your Account Number New Balance Payment Due Date Amount Minimum 1 Past Due 1 1 Payment Due 1 1411 $2,333.21 AUGUST 31, 2009 $696.00 $808.00 Make Checks Payable to: HOME DEPOT CREDIT SERVICES Amount Enclosed We've klwered prices an over a thousand Items storaWde. 6035320231831411023332100050000080800103 KBAVHDI 1 8/5/09 125199 A it III it III II IIIIIIIIIIIIII"11llIIIIIIIIII IIIIIIIIIIIII IIIIIIIIII ALVIN E FETROW 104 LINCOLN ST ENOLA, PA 17025-2530 Print address changes above in blue or black ink. HOME DEPOT CREDIT SERVICES PROCESSING CENTER DES MOINES, IA 50364-0500 11111 111111111111111111111' 11' 11111111111111111111111 111111111111 EXHIBIT Information About Your Account • YOUR ACCOUNT IS ISSUED BY CITIBANK (SOUTH DAKOTA), N.A. • BALANCE SUBJECT TO FINANCE CHARGE TWO-CYCLE AVERAGE DAILY BALANCE (INCLUDING NEW TRANSACTIONS)-Method C. If the periodic rate listed in the Finance Charge Summary Section of this statement is followed by a "C", we figure a portion of the finance charge on your account each day by multiplying the dairy balance for each balance (e.g. each purchase subject to promotional terms, other regular revolve credit plan purchases and other major pur- chase plan purchases) by the applicable daily periodic rate. We do this each day of the billing period, includ- ing the Closing Date. In addition, for each balance, we multiply the daily balance for each day of the previ- ous billing period by the applicable daily periodic rate, unless your account was credited for the amount required to get the grace period on purchases (described below in the section entitled the Grace Period on Purchases) or a periodic finance charge was already billed on that balance. to gel the daily balance, we lake the beginning balance for each balance every day, add any new purchases, fees, and any finance charge on the previous day's balance, subtract any credits or payments credited as of that day, and make other adjust- ments. A credit balance is treated as a balanceof zero. The Balances Subject to Finance Charge are the aver- ages of the respective daily balances during the applicable billing periods. If you multiply the current cycle Balance Subject to Finance Charge by the number of days in the billing period and by the applicable daily periodic rate, and you multiply the vious cycle Balance Subject to Finance Charge (if currently subject to a finance charge) by the number of days in that billing period and by the applicable daily periodic rate, and add those two figures together, the result will be the periodic finance charges assessed for that balance, except for minor variations caused by rounding. - AVERAGE DAILY BALANCE OMCLUDING NEW TRANSACTIONS)-Method H. If the periodic rate listed in the Finance Charge Summary Section of this statement is followed by a "H", we ligure a portion of the finance charge on your account each day by multiplying the daily balance for each balance (e.g., each purchase sub- ject to promotional terms, other regular revolve credit plan purchases and other major purchase plan pur- chases) by the applicable daily periodic rate. We do this each day of the billing period, including the Closing Dale. to gel the daily balance, we take the beginning balance for each balance every day, add any new pur- chases and any finance charge on the previous day's balance, subtract any credits or payments credited as of that day, and make other adjustments. A credit balance is treated as a balance of zero. The Balances Subject to Finance Charge are the averages of the respective ilaily balances during the billing period. If you multiply this figure for each balance by the number of days in the billing period and by the applicable daily periodic rate, the result will be the periodic finance charges assessed for that balance, except for minor vari- ations caused by rounding. AVERAGE DAILY BALANCE ONCLUDING NEW TRANSACTIONS)-Method I. If the periodic rate listed in the Finance Charge Summary Section of this statement is followed by an "I", we use the following calculation method. To get the Balance Subject to Finance Charge for each balance (erg., each purchase subject to pro- motional terms, other regular revolve credit plan purchases and other major purchase plan purchases) we take the beginning balance for that harance every day (including finance charges imposed in previous billing periods), add any new purchases, subtract any credits or payments credited as of that day, and make other adjustments. A credit balance is treated as a balance of zero. this gives us the daily balance. We add up all the daily balances for the billing period (including the balances on the Closing Dale) and divide by the total number of days in the billing period. This gives us the Balance Subject to Finance Charge for that balance. We figure a portion of your finance charge on transactions subject to this calculation method by multiply- ing the applicable monthly periodic rate for that balance by the Balance Subject to Finance Charge (includ- ing new transactions). AVERAGE DAILY BALANCE (EXCLUDING NEW TRANSACTIONS)-Method K If the periodic rate listed in the finance Charge Summary Section of this statement is followed by a 1", we use the following calculation method. To get the Balance Subject to Finance Charge for each balance (e.g., each purchase subject to pro- notional terms, other regular revolve credit plan purchases and other major purchase plan purchases) we take the beginning balance for that balance every day and subtract any credits or payments credited as of that day and any unpaid finance charges We do not add in any new purchases. A credit balance is treated as a balance of zero. This gives us the daily balance. We add up all the daily balances for the billing period (including the balances on the Closing Date) and divide by the total number of days in the billing period. I his gives us the Balance Subject to finance Charge for that balance. We figure a portion of your finance charge on transactions subject to this calculation method by multiplying the applicable monthly periodic rate for that balance by the Balance Subject to Finance Charge (excluding new transactions). AVERAGE DAILY BALANCE (INCLUDING NEW TRANSACTIONS)-Method L. If the periodic rate listed in the Finance Charge Summary Section of this statement is followed by an "L", we use the following calculation method. To get the Balance Subject to Finance Charge for each balance (e.g., each purchase subject to pro- motional terms, other regular revolve credit plan purchases and other major purchase plan purchases) we take the beginning balance for that balance every day, add any new purchases, and subtract any credits or payments credited as of that day and any unpaid finance changes. A credit balance is treated as a balance of zero. This gives us the daily balance. We add up all the dairy balances for the billing period (including the balances on the Closing Date) and divide by the total number of days in the billing period. This gives us the Balance Subject to finance Charge for that balance. We figure a portion of your finance charge on lransac- lionssubject to this calculation method by multiplying the applicable monthly periodic rate for that balance by the Balance Subject to Finance Charge (including new transactions). AVERAGE DAILY BALANCE (INCLUDING NEW TRANSACTIONS)-Metbod M. II the periodic rate listed in the Finance Charge Summary of this statement is followed by an '111", we use the following calculation method. We calculate periodic finance charges separately for each balance lances include regular purchases and different promotional balances. To get a daily balance, we start wit?he balance as of the end of the previ- ous day. We add any periodic finance charge on the previous day's balance. (This results in daily compound- ing of finance charges.) We add any new charges. We then subtract any new credits or payments and make other adjustments. A credit balance is treated as a balance of zero. We figure the periodic finance charge by multiplying the daily balance by its daily periodic rate. We do this for each day in the billing period. The Balance Subject to Finance Charge is the average of the daily balances during the billing period. If you mul- tiply this figure for each balance by its daily periodic rate and by the number of days in the billing period, the result is the total periodic finance charge on that balance. Rounding may cause a small difference. PROMOTIONS. We may offer you promotional terms for all or a part of any balances. Any promotional terms may apply for a limited period of time. They will be governed by the terms of the promotional offer and your Card Agreement. Ihey may include the No Interest, 0%, and Lqual Payment Plan offers described below. Your promotional terms may end if you default under the Card Agreement because you do not make the minimum payment when due, go over the credit line, or make a payment to us that is not honored. • No Interest No finance charges will be imposed on this balance if you pay the balance in full by the end of the promotional period. We will impose finance charges on this balance if you do not pay the bal- ance in full by the end of the promotional period or the promotional terms are terminated. We will impose these finance charges from the date of purchase until the balance is paid in full. The promotion- al offer will specify the amount of any minimum payment required on this balance. • 01%. No finance charges are imposed on this balance during the promotional period The promotional offer will specify the amount of any minimum payment required on this balance. • Equal Payment Plea. This balance will be repaid in equal minimum payments. The promotional offer will specify the amount of the minimum payment required on this balance. CLOSING DATE. At our discretion, this statement may include charges, fees, and payments on the Closing Date. GRACE PERIOD ON PURCHASES, You can avoid periodic finance charges on purchases This is called a grace period on purchases. The grace period is at least 20 days. To get the grace period on purchases, pay the follow- ing amounts by the due date every billing period: • the New Balance, less any No Interest, 0% and Equal Payment Plan balances that expire after the pay- ment due date, plus • the minimum monthly payments required for your No Interest, 0%, and Equal Payment Plan balances that expire after the payment due date. If you do not, you will not get a grace period unless you pay the above amounts by the due date for two billing periods in a row. In addil ion, certain promotional offers may lake away the grace period on purchases. Other promotional offers, in addition to No Interest, 0% and Equal Payment Plan offers, may also allow you to have a grace period on pur- chases without having to pay all or a portion of the promotional balance by the due date. If either is the case, the promotional offer will describe what happens. BILLING RIGHTS SUMMARY. In Case of Errors or Ouestlons About Your Bill. If you think your bill is wrong, or if you need more information about a transaction on your bill, write us at the Billing Errors address on this statement as soon as possible. We must hear from you no later than 60 days after we send you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights In your letter, give us the following information: • Your name and account number. • The dollar amount of the suspected error. • Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure about. Please be sure all correspondence is signed by the primary cardholder. You do not have to pay any amount in question while we are investigating. But you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot report you as delin- quent on the disputed item or take any action to collect the amount you question. Special Rule for Credit Card Purchases. If you have a problem with the quality of goods or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. You have this protection only when the purchase price is more than $50 and the purchase is made in your home state or within 100 miles of your mailing address. (If we own or operate the merchant, or H we mailed you the advertisement for the property or services, all purchases are covered regardless of amount or location of purchase.) FINANCE CHARGES accrue from the date of purchase at the regular purchase rate in effect from time to time and all accrued FINANCE CHARGES will be added to your Account for the entire promotional period if qualifying purchases (including premiums for optional credit insurance) are not paid in full before the end of the promotional period or if you fail to make any required payment on your Account when due or make a payment to us [hat is not honored. See below for more details. "With credit approval for qualifying purchases made on The Home Depot or EXPO Design Center Consumer Credit Card. For accounts in good standing, APRs up to 26.99% Default APR up to 29.99%. Minimum FINANCE CHARGE: $2. Lower rates may apply. See card agreement for details including when the default rate applies. Offer is only valid for consumer accounts and is subject to change without notice. IMPORTANT PAYMENT INSTRUCTIONS Cmdlting Payments. We must receive your mailed payment in proper form at our processing facility by 5 p.m. local time there. If we do, it will be credited as of that day. (Please refer to the top right hand corner on the front of your statement for processing facility time zone) A payment received at the processing facility in proper form after that time will be credited as of the next day. Allow 5 to 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or is not sent to the correct address. The correct address for a payment sent by regular mail is the address listed on the return envelope or on the front of the payment coupon. A payment made in-store is not sent to the correct address The correct address for a payment sent by courier or express mail is the Express Payments Address shown below. Proper Form. For a payment sent by mail or courier to be in proper form, you must: • Enclose a valid check or money order made payable to Home Depot Credit Services. No cash, gift cards, or foreign currency please. • Include your name and account number on the front of your check or money order. If you send an eligible check with this payment coupon, you authorize us to complete your payment by electronic debit. If we do, the checking account wl# he debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed. Copy Fee. We charge $5 for each copy of a billing statement that dates back 3 months or more. We add the fee to a balance of our choosing. We reserve the right to add this fee to balances subject to a higher annual percentage rate. We waive the fee if your request for the copy relates to a billing error or disputed purchase. PAYMENT OPTIONS OTHER THAN REGULAR MAIL. • Online Payments Visit myhomedepotaccount.com and sign up for free online payments. Enrollment may take a few days If we receive your request to make an online payment by 5 pm. Eastern time, we will credit your payment as of that day and it will post within three business days II we receive your request to make an online payment after that time, we will credit your payment as of the next day and it will post within three business days For security reasons, you may be unable to pay your entire New Balance with your first online payment. • Pay YYoounwilll be charged $1495 to uksesth scservicetime to . Call by make a byphone, have your payment is eligible. as of that day and posted within three business days. If you call after that time, your payment will be credited as of the next day and posted within three business days. We may process your payment electronically after we verily your identity. • Express Payments. You can send payment by courier or express mail to the Express Payments Address: Customer Service Center, Attention: Payment Mail Opening, 8725 W. Sahara Ave, Las Vegas, NV 89117. Payment must be received in proper form at the proper address by 5 p.m. Pacific time to be credited as of that day. All payments received in proper form at the proper address after that time will be credited as of the next day. • In Store Payments. for your added convenience, payments can be made at The Home Depot" stores with no service fee Payments made at the store prior to the store closing time will be posted to your account as of that day but availability may be subject to verification of funds. REPORT A LOST OR STOLEN CARD IMMEDIATELY. You may call Customer Service 24 hours a day. T days e week. Page 2 of 2 The Home Depot Consumer HD 0309A Verification I Lisa Blumer 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 unsworn falsification to authorities. i f Signature C-35319 Alvin E Fetrow Account number ending in 1411 1025 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~,`~~;~ ~'~~ ~~~ Sheriff ~~~ ' . - ~ '~~~` " F Jody S Smith `~ Chief Deputy '~ ~. ,~` ~1~~ Z~J ~~~ ~~ i ~ ~,~,.~;.. .~_; Z~t~ ~_ Richard W Stewart '~ ~;,~~~'j'Y SOilCltO( ~FFn'E '.~ ' ~ >~ERI~F ('~~ ~~~~,.,:.: ~ ,r ~ li' i n, Citibank (South Dakota) N.A. Case Number vs. Alvin E. Fetrow 2010-4146 SHERIFF'S RETURN OF SERVICE 06/23/2010 05:48 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 23, 2010 at 1748 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Alvin E. Fetrow, by making known unto himself personally, at 104 Lincoln Street, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. i,~~~ -_d NOAH CLINE, DEPUTY SHERIFF COST: $41.50 June 24, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF Sc) CountySuite Sheriff, Teiecsoft. Inc. CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff v. ALVIN E FETROW 104 Lincoln Street Enola PA 17025-2530 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-4146-civil c`.> o ^' CIVIL ACTION -LAW _ o "_~ c Praecipe for Default Judgment ~ ~ -~ To the Prothonotary:. ~ ;~`-. .Please enter judgment by default for want of an answer in the above case in favo~r~ofthe plaintiff and against the defendant, and assess damages as follows: Principal: TOTAL $2,333.21 $2,333.21 :~ ,_; -~ --, Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment debtor and creditor. 2. The annexed notice of intention to file this praecipe was mailed to all parties against whom judgment is to be entered and to their record attorneys, if any, after the default occurred, and at least ten days prior to the date of the filing of this praecipe. 3. 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. JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN U,, ffN~~DE~~R PA.RCIV.P. 236 is l ~ riu r~L ~. i~]L.tl~l'~Q Pro Prothonotary ~~ B Neil & Associ es, P.C. By: ~' Danie A. Payn squire Attorney for Plaintiff I.D. N0.202294 1060 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C-35319 #14. oo Pn ~ rty e~ $o3~N CITIBANK (SOUTH DAKOTA), N.A. IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 10-4146-civil ALVIN E FETROW Defendant :CIVIL ACTION -LAW TO: Alvin E Fetrow 104 Lincoln Street Enola PA 17025-2530 DATE OF NOTICE: July 16, 2010 IMPORTANT NOTICE C-35319 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a Iawyer, 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. 7l 7-249-3166 or 800-990-9108 In making this communication, we advise our office is a debt collector. Bu Neil & Associates, P.C. /J By. ~. 6' D iel A. Payne, Esquire Attorney for Plaintiff Identification No. 202294 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610} 696-2120 Burton Neil & Associates, P.C. By: Daniel A. Payne, Esquire ID. N0.202294 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff v. ALVIN E FETROW Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-4146-civil CIVIL ACTION -LAW Rule of Civil Procedure N0.236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on 8~1o/I6 Prothonotary Deputy 4,C~g If you have any questions concerning the above, please contact: Daniel A. Payne, Esquire Attorney for Party Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610-696-2120 The law fum of Burton Neil & Associates is a debt collector. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4146 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 ALVIN E FETROW, 104 Lincoln Street, Enola, PA 17025-2530 (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: MEMBERS FIRST FCU, 1000 BRYN MAWR ROAD, CARLISLE, PA 17013-1588 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 $2,333.21 Interest FROM 8/10/2010 - $151.28 Atty's Comm % Atty Paid $174.50 Plaintiff Paid Date: SEPTEMBER 12, 2011 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs --.) ?-r -- David D. Buell, Protho tart' By: Deputy REQUESTING PARTY: Name DEREK C. BLASKER, ESQUIRE Address: BURTON NEIL & ASSOCIATES, P.C. 1060 ANDREW DRIVE, SUITE 170 WEST CHESTER, PA 19380 Attorney for: PLAINTIFF Telephone: 610-696-2120 Supreme Court ID No. 202150 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) Pa.R.C.P. § 3103 to 3149 CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. ALVIN E FETROW 104 Lincoln Street, Enola PA 17025-2530 Defendant(s) MEMBERS FIRST FCU 1000 Bryn Mawr Road, Carlisle PA 17013-1588 Garnishee(s) -o W rn NO. 10-4146-civil CIVIL ACTION - LAW c ZE: r?. To the Prothonotary: ISSUE A WRIT OF EXECUTION IN THE ABOVE MATTER -- 1. Directed to the Sheriff of Cumberland County, Pennsylvania 2. against ALVIN E FETROW , Defendant(s) 3. and against MEMBERS FIRST FCU , Garnishee(s) 4. and index this writ (a) against , Defendant(s) (b) against , Garnishee(s) ?r c? C) -n ter.. C) C, 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: 1000 Bryn Mawr Road, Carlisle PA 17013-1588 5. Amount Due $2,333.21 Interest from 8/10/2010 $ 151.28 Credit $ 102.84 Total $2,381.65* *Plus writ costs Dated: September 1, 2011 Derek ker, Esquire Attorney for intiff 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. C-353) D 141. So 14. pp o„ o(??i8l0 ?c « O, ? Q ?n ?d a lt?3 Wt(+ Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff }E;kmsyLVA IA IN THE COURT OF COMMON PLEAS V. ALVIN E FETROW 104 Lincoln Street, Enola PA 17025-2530 Defendant(s) MEMBERS FIRST FCU Garnishee : CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-4146-civil CIVIL ACTION -LAW To: MEMBERS FIRST FCU 1000 Bin Mawr Road, Carlisle PA 17013-1588 Interrogatories to Garnishee You are required to file answers to the following interrogatories within 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? Na 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 parts by the defendant? N6 3. If the answer to 1 and/or 2 is yes, please specify the nature of the property and, if money, the amount? N/A 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? N6 6 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? 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? f IV ? 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? 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. ell & Associates, P.C. uftLo? By: Blasker, Esquire The firm of Burton Neil & Associates, P.C. is attempting to collect a de b(I S MEMBERS 1St FEDERAL CREDIT UNION September 15, 2011 Alvin E Fetrow 104 Lincoln Street Enola, PA 17025 Review Dates (60 Days): July 18, 2011 - September 15, 2011 Total Writ of Execution: $2,510.21 Cumberland County Docket Number: 10-4146 File # Account Number: XXX448-0000 Name on Account: Alvin E Fetrow Dorothy M Fetrow (Joint) Savings: $5.00 -5.00 (Membership Fee) $0.00 Payroll: Account Number: XXX448-0011 Name on Account: Checking: Payroll: Alvin E Fetrow Dorothy M Fetrow (Joint) -$293.53 $300.00 Statutory Exemption was not taken out. Tania S. Young Deposit Operatio s Ana t Rev: 06/11 5000 Louise Drive - P.O. Box 40 - Mechanicsburg, Pennsylvania 17055 - (800) 283-2328 - www.memberslst.org VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is Tania S. Young (Name) Deposit Operations Analyst of Members 1st Federal Credit Union (Title) (Company) garnishee herein, that he/she is duly authorized to make this verification, and the facts set forth in the foregoing Answer to Interrogatories are true and correct to the best of his/her knowledge, information and belief. -"Afuu-? - 4?', - (SIGNA RE -G? t' t ILL Cf1%OA HuI I O CT I I PM 2: 02 '.UMiBERLAND COUNTY PENNSYLVANIA Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. ALVIN E FETROW Defendant and MEMBERS FIRST FCU Garnishee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-4146-civil CIVIL ACTION - LAW Praecipe to Dissolve Attachment To the Prothonotary: Dissolve the attachment against MEMBERS FIRST FCU, garnishee. & Associates, P.C. By: esker, Esquire Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-35319 * R, 06 P4 a07 C..?=-? IOgv?ge? ?? a45-7 (pq SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff OFFICE 4,' TkE z-EFUFF ? `i'C _c0-.0 7 ,i Jody S Smith Chief Deputy Richard W Stewart Solicitor 2011 MIT 14 AM 91: 25 PEI?,INSYi_VA„NI/'; Citibank (South Dakota) N.A. Case Number vs. 2010-4146 Alvin E. Fetrow SHERIFF'S RETURN OF SERVICE 09/15/2011 01:50 PM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Members 1st FCU at 1711 SPRING ROAD, NORTH MIDDLETON TWP, Carlisle, PA 17013, Cumberland County, by handing to DONNA EGOLF, TELLER, personally 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 September 16, 2011 to Alvin E. Fetrow at 104 Lincoln Street, Enola 17025-2530. 10/12/2011 Ronny R Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiff's attorney. SHERIFF COST: $96.38 October 12, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF /y, Ce - S 3 f ? ?- ? 6 s (o; GountySuite SnF,iff. Teleosott_ Inr._ M C'7 ru C' rq � 'M. r l r-- --�CD r mix Burton Neil &Associates, P.C. By: Derek C. Blasker, Esquire ID.NO. 202150 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. 10-4146-civil ALVIN E FETROW Defendant : CIVIL ACTION-LAW Praecipe to Satisfy Judgment To the Prothonotary: Mark the judgment Satisfied . Burton i &Associates, P.C. By: k C. Blasker, Esquire Atto ey for Plaintiff This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. C-35319 / 318 4q,5o pa A't" C-0 131155 P-11 d9o4e0a