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Home My WebLink About08-4358.j 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. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROY TOME :NO, ?$ - l:,tVi 1 lerw? 28 S Queen Street, Shippensburg PA 17257-2010 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-13072 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. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. () 8= 3 cN1 ROY TOME 28 S Queen Street, Shippensburg PA 17257-2010 Defendant : 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 Roy Tome, who resides at 28 S Queen Street, Shippensburg, 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 ending in 1185 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 $6,126.15 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 $6,126.15, and the costs of this action. Burton Neil & Associates, P.C. By: BEsquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. f 10/05/07 $6126.15 $6126.15 SITE:KC-CL TM:CC-5000 ACID:23:55:2 05/29/08 23:55:23: ROY TOME 28 S QUEEN ST SHIPPENSBURG 17257-2010000 Citi PremierPass? Account Number 185 Customer Service: Revolving Credit Line 1-800-866-9900 $6000 PO Box 44167 statement/ Jacksonville, FL Closing Date 09/12/2007 32231-4167 -_._ -- n. n.t. R.leronce Number 9/12 9/12 Standard Purch LATE FEE - AUG PAYMENT POAST DUE 66 0000 70000000000 PURCHASES*FINANCE CHARGED*PERIODIC RATE 84 0000 0000000000 Your late fee was bed on your account balance as of the payment due date (09/06/07), which as oavaipaylable! optaions. CalleMondayf- Friday, 7sam toa9opm,torlSaturday, Hel Please update 39.00 8 am to 5 pm, Central Time. Please give us the opportunity to assist you. Our records show honeifhone 717-530-5962 and business phone 717-532-6615. 159.12 IXHIBIT Ir" ses (-) Payments (+ New revious (+) urc a & Credits CHARGE Balance Account Summary Balance & Advances 00 0 $159.12 .15 $6,1 PURCHASES 00 $5,920 $39$0-00 . 0.00 1 00 12 $159 $0 $6,126.00 .15 ADVANCES . 928.03 $5 $39.00 0.00 . TOTAL , Days Thls Billing Period: 30 p -Nominal ANNUAL Rate Summary aiance SUDJe Finance Cha Cash Advance Limit Available Cash Limit $1800 ii Purch/Adv Pest Due minimum 27 $685.67 $385.27 Rate PURCHASES Standard Purch ADVANCES Standard Adv PA CITI CARDS P.O. BOX 182564 COLUMBUS, OH 43218-2564 American Express* Card AvailableCRevollin Line Amount over !evolving Credit Line $126.15 Activity Since La Cite New Balance $6126.15 Minimum Amount Due $6126 15 Amount 0.08833%(D) 32.240% 32.240% $6,004.59 $0.00 0.08833%(D) 32.240% 32.240% ? M Verification I ShMiMoughlon 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-13072 Roy Tome Account number ending in 1185 R r.a C 03 -v ?r =" ? -n ' ' (Al N ? t t _ p .7 ? : Q r = ? ,f ti m N 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. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ROY TOME ; NO. nn 28 S Queen Street, Shippensburg PA 17257-2010 ?? l.?tVi l lean 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-13072 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. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 S= 7 3 ? cNJ ROY TOME 28 S Queen Street, Shippensburg PA 17257-2010 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 Roy Tome, who resides at 28 S Queen Street, Shippensburg, 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 ending in 1185 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 $6,126.15 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 $6,126.15, and the costs of this action. Burton Neil & Associates, P.C. By: Brit . Suttell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. f 10/05/07 $6126.15 $6126.15 SITE:KC-CL TM:CO-5000 ACID:KCB0201 ?a##s€;cs :5ife€: i?ias sssi€ 05/29/08 2 3: 5 5: 2 3 ROY TOME 28 S QUEEN ST SHIPPENSBURG 17257-2010000 CITI CARDS P.O. BOX 182564 COLUMBUS, OH 43218-2564 PA C1 - old?o y Citi PremierPass® American Express Card Account Number 185 Customer servke: 1-800-866-9900 PO Box 44167 Jacksonville, FL 32231-4167 09 Sale Date Post Date Reference Revolving Available Revolving Credit Lne Credit Line $6000 $0 Statement/ Amount Over Closing Date Revolving Credit Line 12/2007 $126.15 Cash Advance Limit Available Cash Limit $1800 $0 Past Due Minimum Due 685.67 $385.27 C tl* Now Balance $6126.15 Minimum Amount Due $6126.15 Since Last Statement Standard Purch 9/12 LATE FEE - AUG PAYMENT PAST DUE 66 0000 0 70000000000 9/12 PURCHASES*FINANCE CHARGE*PERIODIC RATE 84 0000 0 70000000000 Your late fee was based on your account balance as of the payment due date (09/06/07), which was $5,928.03. Help is available! Please call the toll-free number shown above to learn about our special payment options. Call Monday - Friday, 7 am to 9 pm, or Saturday, 8 am to 5 pm, Central Time. Please give us the opportunity to assist you. Our records show home phone 717-530-5962 and business phone 717-532-6615. Please update coupon if incorrect. 39.00 159.12 EXHIBIT +-- Account Summary Previous (+) Purchases (-) Payments Balance & Advances & Credits (+) FINANCE CHARGE (=) ew Balance PURCHASES $5,928.03 $39.00 0.00 $159.12 $6,126.15 ADVANCES $0.00 $0.00 0.00 1 $0.00 $0.00 TOTAL $5,928.03 $39.00 0.00 $159.12 $6,126.15 Days This Billing Period: 30 Rate Summary Balance Subject to Periodic Nomina ANNUAL Finance Charge Rate APR PE RCENTAGE RATE PURCHASES Standard Purch $6,004.59 0.08833%(D) 32.240% 32.240% ADVANCES Standard Adv $0.00 0.08833%(D) 32.240% 32.240% 4 e Verification I, Sheoibo a ghlon 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. ZEhat."t. Signature C-13072 Roy Tome Account number ending in 1185 fiouoH X go ? -60- c- ap C_ D -n . r-- a i ,,r N -MM r-j CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. ROY TOME, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4358 Civil Term CIVIL ACTION - LAW NOTICE TO PLEAD TO THE ABOVE-NAMED PLAINTIFF: You are hereby notified to file a written response to the enclosed pleading within twenty (20) days from service hereof or a judgment may be entered against you. DATE: 11qDf ROY OME 28 S. Queen Street Shippensburg, PA 17257 (717) 530-5962 CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. ROY TOME, . Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4358 Civil Term CIVIL ACTION - LAW ANSWER WITH NEW NATTER The Defendant, ROY TOME, responds to Plaintiff's complaint, averring as follows: ANSWER 1. Defendant is without sufficient information, knowledge and/or belief to respond. 2. Admitted. 3. Defendant is without sufficient information, knowledge and/or belief to respond. 4. Admitted. 5. Defendant is without sufficient information, knowledge and/or belief to respond. Strict proof is demanded. 6. Plaintiff has not been sending statements to Defendant for almost one year. Strict proof is demanded as to the accuracy of any billing statements received prior to that. 7. It is admitted that Defendant made payments to Plaintiff relating to the subject credit card. Defendant does not know to which statements Plaintiff refers when stating that Defendant had retained such statements without payment. 8. Denied. There is no contract attached to the Complaint and only one billing statement. Strict proof of any amounts alleged to be owed is hereby demanded. WHEREFORE, Defendants respectfully request that Plaintiff's Complaint be dismissed with prejudice. NEW MATTER 9. Defendant hereby incorporates paragraphs 1 through 8 above as if fully set forth herein. AFFIRMATIVE DEFENSES 10. Plaintiff's Complaint fails to state a claim upon which relief can be granted. 11. Plaintiff's claims are barred by the doctrines of waiver, estoppel and/or laches. 12. The damages alleged by Plaintiff are inaccurate and unlawful and not owed by the Defendant. 13. Plaintiff suffered no ascertainable loss of money or property as the alleged debt was purchased in default, along with possibly thousands of other alleged debts, for a nominal amount by Plaintiff. 14. The Plaintiff has no standing to bring this action. 15. This Honorable Court lacks subject matter jurisdiction over the allegations of the Complaint. 16. As Plaintiff has not attached any contract to its Complaint or evidence of a debt owed, Defendant cannot be certain as to any further affirmative defenses he may have or the claims he may have against Plaintiff arising from its collection practices. Defendant reserves the right to assert additional affirmative defenses as discovery warrants, particularly with regard to the harassment he has suffered due to plaintiff's unlawful collection techniques. WHEREFORE, Defendant respectfully request that Plaintiff's Complaint be dismissed with prejudice. Respectfully submitted, DATE : 8/14/08 ?"'d ROY TOME 28 S. Queen Street Shippensburg, PA 17257 (717) 530-5962 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: 8/14/08 Otj -Xl ,07?1? ROY TOME CERTIFICATE OF SERVICE I certify that I have served a true and correct copy of the within document upon attorney for Plaintiff by mailing same, postage prepaid at Harrisburg, PA, on the filing date, at the following address: Brit J. Suttell, Esq. 1060 Andrew Drive, Suite 170 West Chester, PA 19380 DATED: 8/14/08 ROY TOME rv ? 7-1 c? r7l --o m C7 rn SHERIFF'S RETURN - REGULAR CASE NO: 2008-04358 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS TOME ROY RONALD E HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon mnmv u nv the DEFENDANT , at 0019:13 HOURS, on the at 28 S QUEEN STREET SHIPPENSBURG, PA 17257 ROY TOME 6th day of August , 2008 DEFENDANT by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service ? Affidavit of Surcharge S/ Dl Sworn and Subscibed to before me this of So Answers: 18.00 20.00 .00 10.00 R.'Thomas Kline .00 48.00 08/07/2008 BURTON NEIL & ASSOCIATES By day Deputy Sheriff A.D. BURTON NEIL & ASSOCIATES, P.C. 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. 08-4358 Civil Term ROY TOME Defendant : CIVIL ACTION - LAW Plaintiff's Reply to New Matter 9. Denied. There are no facts set forth in the averment to which a responsive pleading is required. The allegation is denied pursuant to Pa. R. C. P. 1029(d). 10. Denied. There are no facts set forth in the averment to which a responsive pleading is required. The allegation is denied pursuant to Pa. R. C. P. 1029(d). 11. Denied. There are no facts set forth in the averment to which a responsive pleading is required. The allegation is denied pursuant to Pa. R. C. P. 1029(d). 12. Denied. There are no facts set forth in the averment to which a responsive pleading is required. The allegation is denied pursuant to Pa. R. C. P. 1029(d). 13. Denied. There are no facts set forth in the averment to which a responsive pleading is required. The allegation is denied pursuant to Pa. R. C. P. 1029(d). 14. Denied. There are no facts set forth in the averment to which a responsive pleading is required. The allegation is denied pursuant to Pa. R. C. P. 1029(d). 15. Denied. There are no facts set forth in the averment to which a responsive pleading is required. The allegation is denied pursuant to Pa. R. C. P. 1029(d). 16. Denied. This allegation appears to be in the form of a preliminary objection, all of which were waived by defendant by virtue of defendant's filing an answer with this Court. By way of further response, there are no facts set forth in the averment to which a responsive pleading is required. The allegation is denied pursuant to Pa. R. C. P. 1029(d). Wherefore, plaintiff requests that judgment be entered for it and against defendant as prayed for in plaintiff's complaint. Burton ssociates, P.C. By Bri J. Suttell, Esquire Attorney for Plaintiff 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. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. ROY TOME : NO. 08-4358 CIVIL TERM Defendant : CIVIL ACTION -LAW Certificate of Service I, Brit J. Suttell, Esquire do hereby certify that I served a true and correct copy of the within Reply to New Matter on pro se defendant, Roy Tome at his address of record via first class mail, postage prepaid on the date set forth below. Date: 2 Z dvd Burton Neil & Associates, P.C. By: BriJ. Suttell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-13072 ' Cz`) F i 1 ,T T E'S 1, Ap? I BURTON NEIL & ASSOCIATES, P.C. 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. 08-4358 Civil Term ROY TOME Defendant : CIVIL ACTION - LAW Plaintiffs Motion Pursuant to Pa. R. C. P. 4014(c) to Determine Sufficiency of Defendant's Answers to Requests for Admission Now comes plaintiff, Citibank (South Dakota), N.A., by and through its undersigned counsel of record, Burton Neil & Associates, P.C., and moves this Honorable Court pursuant to Pa. R. C. P. 4014(c) to determine that defendant's answers to plaintiff's first set of requests for admissions be deemed admitted. In support thereof, plaintiff represents as follows: 1. Plaintiff served defendant with requests for admission. A true and correct copy of the requests for admission is attached hereto and incorporated herein as Exhibit A. A copy of defendant's answers to plaintiff's requests for admission is attached hereto and incorporated herein as Exhibit B. 1 1 -1 2. Defendant responded to each and every request with the same response: "There was no contract attached to the Complaint. Defendant needs to see the contract to know what charges are permitted to be charged to Defendant." Defendant's response does not fairly meet the substance of the requested admissions. 3. The substance of each request should be within the knowledge of the defendant to admit or deny and a reasonable inquiry would have enabled him to do so, especially since, in his answer, defendant admitted to having the credit card account, admitted receiving statements and making payments on the account after receiving such statements. 4. Since the knowledge to properly respond to each request is within defendant's control, the requested admissions should be deemed admitted since defendant's responses do not fairly meet the substance of each request. Wherefore, plaintiff moves this Honorable Court to order that plaintiff's requests for admission are deemed admitted in their entirety. Burton Neil & Associates, P.C. By Brit. Suttell, Esquire Attorney for Plaintiff 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. Plaintiff ROY TOME V. Defendant : IN THE COURT OF COMMON PLEAS C-IS012. RFA ts : CUMBERLAND COUNTY, PENNSYLVANIA NO.08-4358 CIVIL TERM : CIVIL. ACTION - LAW Plaintiff's First Set of Requests for Admission to Defendant plaintiff, by its undersigned attorney, hereby serves upon defendant the within Request for Admissions pursuant to Pa.R.C.P. No. 4014. Your attention is called to Rule 4014(b) which provides: Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within thirty days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission an answer verified by the party or an objection, signed by the party or by the party's attorney; but, unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of forty-five days after service of the original process upon him or her. If objection is made, the reasons therefore shall be stated. The answer shall admit or deny the matter or set forth in detail the reasons why the answering party cannot truthfully do so. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify the answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless the answering party states that he or she has made reasonable inquiry and that the information known or readily obtainable by him or her is insufficient to enable him or her to admit or deny. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial may not, on that ground alone, object to the request. That party may, subject to the provisions of Rule 4019(d), deny the matter or set forth reasons why he or she cannot admit or deny it. EXHIBIT Requests for Admission 1. With reference to the monthly billing statements for defendant's credit card account with plaintiff copies of which are attached hereto as requests for admissions exhibits 1 through 15: a. Defendant admits that the detail set forth in each monthly billing statement accurately reflected for the monthly billing period defendant's use of the account and accurately reflected all charges and credits to the account. b. Within 60 days after defendant's receipt of each monthly billing statement defendant admits that no writing or other communication disputing, protesting or objecting to any of the charges or credits appearing in the monthly billing statements was sent by defendant to plaintiff. c. Defendant admits that with respect to each monthly billing statement, a written billing error notice was not sent to plaintiff. 2. Defendant admits that after receipt of the monthly billing statements marked exhibits 3-7,11,12 defendant made a payment which was reflected as a credit in the following month's statement. 3. Defendant admits that after receipt of the monthly billing statements marked exhibits 1,2, 8-10,13-15 defendant did not send a payment to plaintiff. 4. Defendant admits that the last payment made on the account was posted by plaintiff on August 10, 2007 and is reflected in the exhibit 13 monthly billing statement. 5. Defendant admits that balance owed on the account is $6,126.15. Burton Neil & Associates, P.C. By: Brit J. Suttell, Esquire In making this communication, we advise that this office is a debt collector. C-13072 09/07/06 $.00 $.00 SITE:KC-CL TM:CO-5000 ACID:IRB0011 ? 08/27/08 23:02:02: CITI CARDS P.O. BOX 182564 ROY TOME COLUMBUS, OH 28 S QUEEN ST 43218-2564 SHIPPENSBURG PA 17257-2010000 Citi PremierPass` American Express` Card Acew Nuabar 3743 500320 41185 cussotaar Mary= Revelvlap Avaaahle e•,roivt¦o 1-866-461-2484 Credit Lin t ndk LWe Cash Advance LWt Available Cash Limit $6000 $6000 $1800 $1800 PO Box 41167 rata ienv Asood over Prreb/Adv Jacksonville, FL Chop Dace Rule" Cnelt Lire Pitt Den MhdraM Dee 32291-4167 08/1412006 $0.00 $0.00 + $0.00 = Standard Purch 8/14 MERBBRSHIP YZ AUC 06-JUL 07 74 0000 0 70000000000 ThankYou Flight Points will appear on your billing statement approximately 6 to 8 weeks following the initial departere date of travel. C tie Now ralance $0.00 minbnuaa A awnt Doe $0.00 0.00 Account Summary revious t urc ash symen s (+) F10MCE =) ew Balance & A Inca Credits CHARGE 8 lance TOTA 0 00 10.00 0 00 10.00 10.00 L _ . 0. 0 0.00 0.00 Da This Billing Period; 32 Rate Summary Be ante Subject to Finance Charge Periodic R t Nominal ANNUAL _ a e APR PERCENTAGE RATE URCNASES Standard Purch $0.00 0.03901%(D) 14.240% DVANCES Standard Adv !n_OO n nr.i47,in% >i ?wnr I --r - .-I-T_...._ . .. 10/06/06 $266.93 $20.00 SITE:KC-CL T08/27/000 ACID:23BOZI02: 01, gpw CITI CARDS P.O. BOX 182564 ROY TOME COLUMBUS, OH 28 S QUEEN ST 43218-2564 SHIPPENSBURG PA 17257-2010000 Citi PremierPass' Aoawn Number 3743 500320 41185 CYItww SUVIM 1-666-461-2494 Credit Lim 66000 PO Box 44167 stsumerw jacks l', FL 0 1»91 AIAT 06 09/13/2 American ExPress* Card C ti'O' Mav Crest LtM cash Advaaes Umit AraUahb Cast LMelt Now aalsnn 6ST33 $1800 $1800 $266.93 AMeeat Owe 11 CnW L9; Past Des MldnPurchl"W am Diu Anewd Deus $0.00 $0.00 + $20.00 = $20.00 8/15 8/15 811N2BX1C Standard Purch 51 , 2110 000007 SHIPP018BURG PA D 51.00 957502006228 8/18 8/18 PS49TTZC 61 D55419SA SUPER 980E STORE N12 0 0050100800 CNAHBERSBURG PA 00501005200 49.99 390902006231 8/30 8/30 PTR11Q62C 61 A5661USA Lam 61 A5200USA 0 CHAMBERSBURG PA 0 00501000000 140.94 521902006243 9/04 9/04 CWYYX1C 6EXXO 11 D55544ZU315104205548 LIBERTY 0050]005400 972002006248 ««+« Citi Card ThankYou Points Summar?r ««•« •«s«««••««•« Flight Points Summary Activity Thi s Period 00 Beginning Flight Points Balance 0 Flight Points Earned 0 Flight Points Adjusted / Expired Flight Points Transferred to Your ThankYou Network Member Account Remaining Flight Points Balance a««s«««+««« Purchase Points Summary s««••««««««• Activity This Period Purchase Points Earned 0 Special / Bonus Points Earned Purchase Points Adjusted 0 z60 Total Purchase Points Earned Purchase Points Transferred to Your ThankYou Network Member Account 10,267 Total Points Transferred to Your ThankYou Network Member Account 10,267 This Period Year to Date Activity Total Flight Points Earned 10,2607 Total Purchase Points Earned • Total Points Transferred to Your ThankYou 10,267 Network Member Account *Also includes Special / Bonus Points Go to thankyouredemptions.com to review your ThankYou Point balance and redeem! ThankYou Flight points will appear on your billing statement approximately 6 to a weeks following the initial departure date of travel. We're pleased to welcome you as a member of ThankYou Redemptions Network. In addition to the many benefits that already come with your card, you now have the opportunity to earn ThankYou Points towards great rewards. visit www.thankyouredemptions.com to view the rewards collections. Our records show home phone 717-530-5962 and business phone 717-532-6615. Please update coupon if incorrect. Welcome! Use your new Citi PremierPass(R) American Express(R) Card to earn HiB?T points for the things you buy AND the miles you fly on any airline. Visit www.Tl.ifenycard.com/selects for special offers from American Express ROY TOME sak Date Past Date a wawa NwaMr ActMlt Since Oat Statemeet Arnowd Planning a Trip? Don't forget the Citi PremierPass Card. Buy airline tickets with the card and get Flight Points for the wiles rou fly on ANY airline. Plus, buy tickets for friends and family and get Flight Points for the miles they fly, too! Purchase Points + Flight Points - `ThankYou Points". Ready to redeem? Flight and Purchase Points combine as ThankYou Points when transferred to your ThankYou Member Account. Apply Points toward any reward in the ThankYou(SN) Network. Pleaseyremem etivo toilet pleasee KEW 394r80B2rPass(R) Card, it you haven't alread. To , call Account Summary Previous + Purchases - yme s t FINARCE. (¦ New balance & /advances 8 C redits CHARGE 58110ce PURCHASES 0.00 $266.93 0.00 0.00 $2t6.93 ADVANCES 0.00 1 $0.00 0.00 1 0.00 1 50.00 TOTAL 0.00 $266.93 0-00 0.00 $266.93 Days Thb SPI Period 30 Rate Summary Balance Subject to Finance _Charge _ Periodic Rate Nominal APR PE ANNUAL RCENTAGE RATE PURCHASES Standard Purch so-an n.nitiniiLrni la '>en+c +A 7AML 11/06/06 $937.40 $62.13 SITE:KC-CL TM0:CO-5000 ACI0:238021102. CITI CARDS P.0- BOX 182564 ROY TOME COLUMBUS, OH 28 5 QUEEN ST 43218-2564 SHIPPEKSBURG PA 17257-2010000 ' e C1 I Citi Prem ierPass'a American Express Card AdpYm NUMbW 3743 500320 41185 Cusb~ fervid awalvlna eredlt Line AvarNNR?roWino mist L corn Advance U00 Available Cash Linn New 581-1 e i-866-4?3-2484 56000 $5062 f1800 $1800 $937.40 Po fox 41157 Jacksonville, FL sbtvmeov Cladoq Daft Aea?nl0wr RevaMa9 Cz m Past Duo Ml • PaMWAdv = Duo 13 = $42 Wwrosin Amount Due 13 $62 12231-AS67 10/12/2006 $0.00 $20.00 . . 10/12 Stao trd Pureh LATE FEE - SEP PAYMENT PAST DOB 29.00 66 0000 0 70000000000 10/07 10/07 RFSXZFZB HOLIDAY INN 61 A7011OSA OS D MD Z04SM2142 ,18 73 1AD1RJM 10/07 10/07 SYZ7115C KITS LOFT INC. #4 61 AS9410SI OCEAN CITY 0 MD 00501002300 52.48 816902006282 10/08 10/08 Z*VNZFZB RIPLEYS BIOS 61 A7991USA OS 0 MID Z046JB12142 45.28 IAD027V 10/09 10/09 SDDCNP2C ROYAL FARMS # 116 61 D5411USA DAGSBORO 0 DE 00501003700 26.00 552802006283 10/09 10/09 LDOHL40C HOLIDAY INN 61 A7011USA Os 0 MD Z046JB02149 464.85 1CV335V 10/12 PU CH *INANCE CHARCEEVERIODIC 0 4.13 0000 0000000 00 **** Citi Card Thank "*** You Points Summar y .s•««s•««•«« Flight Points Summary ** ********* Activity This Period Beginning Flight Points Balance 0 0 Flight Points Earned O Flight Points Adjusted / Expired t 0 Flight Points Transferred to Your ThankYou Network Member Accoun Remaining flight Points Balance 0 «««•«««.««« Purchase Points Summary •'**`*"«`«" Activity This Pere Purchase Points Earned 0 Special / Bonus Points Earned 0 Purchase Points Adjusted 637 Total Purchase Points Earned Purchase Points Transferred to Your ThankYou Network Member Account 637 Total Points Transferred to Your ThankYou Network Member Account This Period 637 Year to Date Activityy 0 Total Flight Points Earned Total Purchase Points Earned* 10,904 Total Points Transferred to Your ThankYou Network Member Account 10,904 ¦Also includes Special / Bonus Points Go to thankyouredemptions.com to review your ThankYou Point balance and redeem! Your account is past due. Please pay the minimum amount due immediately. If T ou do not slake an immediate payment you may not be eligible to earn new hankYou Points on your card account. If your payment has already been sent, thank you. ThankYou Flight Points will appear on your billing statement approximately 6 to 8 weeks following the initial departure date of travel. Your late fee was based on your account balance as of the payment due date (10/06/06), which was $266.93. EXHIBIT- ROY TOME SsM Data Pant Data swaman 1lwsbar Ad t1 shm Last StataeuM Amount Welcome! Use your new Citi PremierPass(R) American Express(R) Card to earn points for the things you buy AND the mines you fly on any airline. Visit www.mylifemyc2rd.c6Wselects for special offers from American Express Selects(SM). OPT FOR PAPERLESS STATEMENTS! Get an email notice when our statement is ready remind iyouns when your payment is due TODAY. to citicards up for email alerts to rem Citi(R) American Express(R) Cardmembers can get special woey-savinJuoffers on airfare, car rent is, diningq hotels, electronics. and much mare. st visit my lifemycard.com?selects be ore your next vacation, special occasion or shopping spree. Planning a Trip? Don't forget the Citi PremierPass Card. Buy airline tickets with the card and qet Flight Paints for the miles you fly on ANY airline. Plus, buy tickets for friends and family and get Flight Points for the miles they fly, Purchase Points + Flight Points = "ThankYou Points". Ready to redeem? Flight and Purchase Points combine as ThankYou Points when transferred to your ThankYou Member Account. Apply Points toward any reward in the ThankYou(SM) Network. Account Summary evious Balance + Purchases & Advances (-3 gym s & Credits i) FIKANCE CHARGE a Now Balance PURCHASES $266.93 5666.34 Q.00 4.13 :937.40 ADVANCES $0.00 $0.00 I( .00 OO Q. $0.00 TOTAL $266.93 $666.34 0.00 4.13 $937.40 Davs This Bmmno PeduM 29 Rate Summary Fa.e....? .... ?-?..., . _. ,_..._ . _......-• nnnvn? inance Charge Rate APR PERCENTAGE RATE Purch 1364.91 n. nStgn7 xr nl 1A 7AAK to 7AAK S X5912/05/06 $967.36 $20.04 SITE:KC-CL T :CO-5080 ACID:23S02102: CITI CARDS P.O. BOX 182564 ROY TOME COLUMBUS, ON 28 S QUEEN ST 43218-2564 SHIPPENSBURO PA 17257-2010000 Citi PremierPass` American Express' Card ti? 3743 500320 41185 Cwbtttsr Sarvkm Ravaivisp Credo LI" AY11161116 NOVOYlay Gadit LNa Cash AAVaxca Lima Avallable Cash Limit Now Bslaaca 1-966-461-2464 $b000 $5032 $1800 $1800 $967.36 PO Box 44167 stg?tiamat/ cl We Aamaat oh?arr CnMt 1Z Past Due RevoM`I Parcb/Adv Mica= = liftinum Asaan Due Jaeksonvi l le, FL 4 67 embf 11/10/2006 0.00 $0.00 $ + $20.04 = $20.04 32231- 1 saia Bair Past Dab a0ve ea Nmabsr Adwy S wo Last Uste eat Anmat 10/19 10/18 10/14 10/14 11/10 I BZB7G84C Payments, Credits L Ad astfsants CLICK-TO-PAY PAYNERT. TRUK YOU 70 0000 0 70000000000 REFOND LATH FU 78 0000 0 7D000000000 Standard Purcit APPLRBEES 000624 CHAnMBURG PA 61 ASS1293A 0 00501002600 PURCHASI&IFIVANCE CHARGEVIRIODIC RATE 84 0000 0 70000000000 -62.13 -29.00 110.05 202802006288 11.04 '**+ Citi Card ThankYou Points Summary •+++ «s«s ««s«s Flight Points Summary •* s++++:r«« Activity d This Perio Spinning Flight Points Balance O 0 flight Points Earned 0 Flight Points Adjusted / Expired A t 0 Flight Points Transferred to Your ThankYou Network Member ccoun Remaining Flight Points Balance 0 +*+«s««ss** Purchase Points Summary **'***'••s«s Activity This Period Purchase Points Earned 110 0 Special / Bonus Points Earned 0 Purchase Points Adjusted Total Purchase Points Earned Purchase Points Transferred to Your ThankYou Network Member Account 110 110 Total Points Transferred to Your ThankYou Network Member Account This Period 110 Year to Date Activity 0 Total Flight Points Earned Total Purchase Points Earned* 11,014 Total Points Transferred to Your ThankYou Network Member Account 11,014 *Also includes Special / Bonus Points Go to thankyouredel tions.com to review your ThankYou Point balance and redeem! ThankYou Flight Points will appear on your billing statement approximately 6 to 8 weeks following the initial departure date of travel. EXH16lT - ..."..... I ROY TOME Sob Me Post aete Ihfrews Iaaabr Aetw Shin I.st adsm of Amsuet Account Summary - PURCHASES ADVANCES TOTA - -- $947.40 3110.05 $ 13 11. $0.00 $0.00 ..newe%M 1.04 1 ee $967.3b L =937.40 $110.05 341.13 0.00 $114 $967.36 Rate Summary a once Sub)#ct to er-1071 s Da Nominal This awing Ponoa 29 Finance Char a Rate APR e ANNUAL ?e..?..?.. ...? andard Purch $975.76 ANCES 0.03901%(D) 24.240% 14.240;6 01/05/07 $1139.22 $23.49 SITEAC-CL TM:CO-5000 ACID:I1190011 _{.-,? AMMI Ah"004 08/27/08 23:02:02: CITI CARDS P.O. BOX 182564 ROY TOME COLUMBUS, OH 28 S QUEEN ST 43216-2564 SHIPPENSBURG PA 17257-2010000 a ' C tIe Citi PremierPass American Express Card Aaavrd Humba 3743 500320 41185 Cust~ setyllC Ravafebp 1-866-461-24A4 Craft LIM AwaMM Revdvlaq Credit Liw Cash AMaeca Ltarlt Available Cub Link New aabMCa $6000 $4860 $1800 $1800 $1139.22 PO Box 44167 Statement/ Jacksonville, FL claahy Dst. Aaeo•a p? Rwatvln4 C."A LiN rwchI Post Do* MlNtaum Dw Mkibmaan A1001101 ow 32231.4167 12/12/2006 $0.00 $0.00 + $23.49 = $23.49 5aM Ddte Post we fthm"" mum br Acthity Scam Last Stetamdat Asteuat Par?tMots, Credits Q Adjustments 12/04 MCE-TO-PAY PAYMENT, AlilC YOU -25.00 70 0000 0 70000000000 Standard Parch 12/07 12/07 4JSQ6B2C RVC 800-367-9444 VEST CHESTER PA 184.37 1 1?5969USA 0 00501001700 725402006342 12/12 PURCBASESVINA1iC8 CHARGEVERIODIC RATE 12.49 84 0000 0 70000000000 «•`« Citi Card ThankYou Points Summary «:«« `?«e«• " «"• Flight Points Summary r..e•.««««. Activity This Period Be inning Flight Points Balance 0 Flight Points Earned 0 Flight Points Adjusted / Expired 0 Flight Points Transferred to Your ThankYou Network Member Account 0 Remaining Flight Points Balance 0 «.«s«eeee«« Purchase Points Summary •*ee«..««««. Activity This Period Purchase Points Earned 184 Special / Bonus Points Earned 0 Purchase Points Adjusted 0 Total Purchase Points Earned 164 Purchase Points Transferred to Your ThankYou Network Member Account 84 Total Points Transferred to Your ThankYou Network Member Account This Period 184 Total Flight Points Earned Year to Date Activit 4 Total Purchase Points Earned` 11,198 Total Points Transferred to Your ThankYou Network Member Account 11,198 `Also includes Special / Bonus Points Go to thankyouredempti ons. cam to review your ThankYou Point balance and redeem! ThankYou Flight Points will appear on your billing statement approximately 6 to 8 weeks following the initial departure date of travel. Increased Online Security. Going online to manage your credit card just got even more secure. A new layer of online protection called Security puestions is coming to Account Online. Pay your credit card bill online anytime. It's epasy secure and free. Plus. samecday!cSeignlinpatmcitlcardsacom andrselectyMake afiPaymeneteekday to post the Get more for your y this shopping season, whether it's a gift for a friend, a faintly member or even yourself, ell99ible purchases you make with your r--- Citi PremierPass(R) Card earn points--up to IOQ,000 points per year. EX HIB1T .r 1 . - -T-- ROY TOME saw Dab Post Dde Nabreaa Number Add t} store. tad stabunw t A>a?d Tired of fighting the paper jungle? Go ail-electronic in 2007. View your PremiorPass Card statement, oay our bill and set up recurring payments with a click of a mouse at www.citicardys.com today! Planning a Trip? Don't forget the Ci#i PremtierPass(R) Card. Buy airligc tickets with the card and get Flight Points for the miles you fly on ANY airline. Plus, buy tickets for friends and family and get Flight Points for the miles they fly. Standard Purch ADVANCES Standard Adv $1,000.79 so. on 0.03901%(D) n nRlu74cfm 14.240% 72 7AAK 14.240% Y7 7?^W Account Sunmary evious + Purchases (- Payments + FINANCE n NOW Dalance &Advances & Crgdlts CHARGE Balance PURCHASES $967.36 $1 4.37 $ 5.00 $ 2.49 $1,139.22 ADVANCES $0.00 0.00 5 to.00 $0.00 TOTAL $967.36 $1 4.37 $2225.00 $12.49 $1.139.22 02/05/07 $1312.47 $27.19 SITE:KC-CL T}1:C0-5000 ACID:IR80011 -? _ 08/27/08 23:02:02: CITI CARDS P.O. BOX 162564 ROY TOME COLUMBUS, OH 28 S QUEEN ST 43218-2564 SHIPPENSBURG PA ITZST-2010000 ' ' t1? American Express Card Citi PremierPass ACCWnt it ~ 3743 500320 41185 GusbDiler Service: Revolvta0 Avara b Rev m 1-816-461-2484 Craft Lim CroM Live tooh Advance Limit Available cash Limit Now BANK $6000 $4687 $1800 $1800 $1312.47 PO Box 44117 Jacksonville, FL Ciesin mom i RevMAd ? LOver bw Past Do* YINmL D=6 Amount ow 32231-4167 01/11 /2007 $0.00 $0.00 + $2T.19 = $2T.19 Saab Dote Post Deter Retemoce Nuab ef AdWlty stag Loot ShAomad Amount 04 1 Payyments, Credits i Adjustments CI ICX PAY PAYMENT HM YOU / 7 D. O? , 70000000000 -25.00 Standard Parch 12/31 12/31 M*L815C SOPSRCNTR 5358 SSIPMSBORG PA 184.06 61 A531OUSA 0 00501003600 105002006365 1/11 P1IRC1Q=S•YINANCS CBARGE*PERIODIC RATS 14.19 84 0000 0 7000DOOD000 •«"• Citi Card ThankYou Points Summary ••*• s« • .«ssss«ss Flight Points Summary •« «•«••«••« Activity This Period Beginning Flight Points Balance 0 Flight Points Earned 0 Flight Points Adjusted / Expired 0 Flight Points Transferred to Your ThankYou Network Member Account 0 Remaining Flight Points Balance 0 ass assns: Purchase Points Summery "_""_"*«•+•• Activity This Period Purchase Points Earned 184 Special / Bonus Points Earned 0 Purchase Points Adjusted 0 T t l P o a urchase Points Earned Purchase Points Transferred to Your ThankYou Network Member Account 184 Total Points Transferred to Your ThankYou Network Member Account This Period 184 Year to Date Activit Total Flight Points Earned T t l P h i * o a urc ase Po nts Earned 184 Total Points Transferred to Your ThankYou Network Member Account 184 *Also includes Special / Bonus Points Go to thankyouredemptions.con to review your ThankYou Point balance and redeem! ThankYou Flight Points will appear on your billing statement approximately 6 to 8 weeks following the initial departure date of travel. Happy New Year! At Citi(R) we are thankful to have you as a cardmember. It has been an honor and a pleasure to serve you during the past year. EXHIBIT ROY TOME sab Date Peet Deft Rdws. mmkor mther Mwe Lot adff m Anmunt AceoUnt S=mwv Previous + urc ea Payments t FINANCE = New Balance & Advances 6 Credits CHARGE Balance PURCHASES ADVANCES $1,139.22 50.00 $114.06 O OD $J5.00 0 00 $14.19 $1.32.47 TOTAL $1.139.22 . $1 4.06 . $25.00 $0.00 $14.19 0.00 $1.312.47 Da This su Peraad: 3o Rate Summary Balance u e to Finance Char er is om ns ANNUAL ge Rate APR PERCENTAGE RaTF d Purch $1.212.79 0.03901%(D) 14.240% 14.240% d ed., en - n n-1 -...,... ..? .. ---• -- - --- - - ----------- 03/07/07 $1535.47 $33.88 SITE:KC-CL TM:CO-5000 ACID:IR80011 0$/27/08 23:02:02: CITI CARDS P.O. BOX 182564 ROY TOME COLUMBUS, OH 28 S QUEEN ST 43218-2564 SHIPPENSBURG PA 17257-2010000 ' ' ti e Card American Express Citi PremierPass Aecetmt NOW 3743 500320 41185 Cua"~ Swvh= RevaM?ta AwdsaM RewhAaO 1-866 461-2 46 4 Craft LMu Crete Llae Cssh Adveaee Lkeit Ava11a6N Cnh LMnlt Now Mlaace $6000 $4464 $1800 $1800 $1535.47 PO Box 44167 Stetamov Amount over Pe rAt4V JRCkeonYt l l e, FL Ckslaq Data RWMdno Crodt Line Peat Duo MtMmela Due Mlalawr Amam Duo 32231-4167 02/12/2007 $0.00 $0.00 + $33.88 = $33.88 SKIP Deb Post D.ta N donmoe Numb er Adwity since Lost Stabawat AMC" Payments, Credits i Adlusstt K yOU T -28 00 2/01 H CLICK-TO-PAY PAYMM, , 70 0000 0 70000000000 1/31 1/31 ARJKV13C AUTOZONE #1887 SHIPPENSBURG PA -30.73 71 5533USA 0 00501006300 259602007032 2/03 2/03 Y1J•N93C HTOZWK #1887 SHIPPU m1RG PA -116.60 71 553311SA 0 00501004000 072002007035 Standard Porch 1/14 1/24 VMN25C AUTOZONE 01887 SHIPPENSBORG PA 168.53 61 A5533USA 0 00502003600 991602007015 1/30 1/30 3JKDZY3C ACTOZOR #1887 SHIPPENSBURG PA 210.92 61 A55339SA 0 00501005900 241402007031 2/12 QES;FINANCE CHAR oePERIODIC UT PU RCH 18.88 O 0000000 84 ««r« Citi Card ThankYou Points Summary •••• «««««««r«e«« Flight Points Summary •« •*•«••««« Activity This Period Se inning Flight Points Balance Flight Points Earned 0 0 Flight Points Adjusted / Expired 0 Flight Points Transferred to Your ThankYou Network Member Account 0 Remaining Flight Points Balance 0 ««««.«««««« Purchase Points Summary •«««««.««««« Activity This Period Purchase Points Earned 232 Special / Bonus Points Earned .0 Purchase Points Adjusted 0 Total Purchase Points Earned 232 Purchase Points Transferred to Your ThankYou Network Member Account 232 Total Points Transferred to Your ThankYou Network Member Account This Period 232 Year to Date Activity Total Flight Points Earned 0 Total Purchase Points Earned« 416 Total Points Transferred to Your ThankYou Network Member Account 416 *Also includes Special / Bonus Points Go to thankyouredemptions.com to review your ThankYou Point balance and r edeem! ThankYou Flight Points will appear on your billing statement approximately 6 to 8 weeks fallowing the initial departure date of travel. Remember, for every one Purchase Point that is transferred to your ThankYou Member Account, we will transfer one Flight Point as well. Purchase Points and Flights Points become available for redemption after they are transferred to your ThankYou Member Account. EXHIBIT ?. ...........-v-?.-. I_.?.?J. --?_??. wNfr 1111Y?1YY1¦ ?.. .?. ?.. ROY TOME Salt Date Past am iWarewe Mun w ActhAy Slaca Let Ste mart AM=* NEED TO UPDATE YOUR HONE OR EMAIL ADDRESS? Instead of calling customer aUpdate,Personal Profile"eunderlthe."litanageoMyoAccount"imenus.cow and select Increased Online Security. Going online to manage your credit card just got- even more secure. A neW layer of online protection called Security Questions is coming to Account Online. Account Summar previous (+) Purchases (- Payments (+) FIKAJMCE CHAS - New y Balance & Advances fi credits Balance PURCHASES $1.312.47 $379.45 $1j5.33 $18.88 $1,535.47 ADVANCES $0.00 ¢0.00 10.00 3 $0.00 88 8 $ $O.OO 47 $1 535 TOTAL $1x312.47 $3 9.45 $175.3 1 . , . D& Vs This Billing Period: 32 Rate Summary Balance !Ubject to Finance Charge Periodic Rate Nominal APR PE ANNUAL RCENTAGE RATE _ PURCHASES Standard Purch $1,512.31 0.03901%(D) 14.240% 14.240% ADVANCES C4?nA?rA Aeu fn nn n nG9C7K1n1 77 9?nQ 11 7-0n1L 04/05/07 $5431.64 . $87.28 SITE:KC-CL TM:CO-5000 ACID:IRB0011 w'.??.?-.i,,.w '?-_t' f`-ROW. - OW-AWN, 08/27/08 23:02:02: CITI CARDS P.O. SOX 182564 ROY TOME COLUMBUS, ON 28 S QUEEN ST 43218-2564 SHIPPENSBURG PA 1T25T-2010000 ' ' tte American Express Card Citi PremierPass 3T43 500320 41165 Custenter &ar•h= Rwemns AvaNahw Rsveh>rs4 1-866-441-2464 cr&M Line cradlt Llna Cash Advaaca llnlt Available Cash Unit Now Ba!anca $6000 $568 $1800 $568 $5431.64 PO Max 44167 statamant! Araeanf Over Purch)k& Jaoksonyi l le, FL Dad" Data RrraMaa ?t Line Part ova Mlnlanum ow iMnteaam Amernt Ow 32231-4167 03/13 /2007 $0.00 $0.00 + $87.28 = $87.28 saw Dab Paat Dab Ralaraaoa Rum lar Ac*Aty Shm Last Shdamsat Aaasirit 3 05 Payments. Credits & Ad ustnents CLICE-TO-PAY P YWIT THM YOU / A , 70 0000 0 70000000000 -35.00 Standard Purch 3/02 3/02 DSZ-H*3C UAUGU MOTORS INC 1100 SHIPMSBURG PA 3,230.11 61 A5511USA 0 ZD47C3B1051 R3901RV 3111 3111 466YSOZC CIRCUIT CTY #4144 CBABBBRSBURG PA 667.78 61 A5732USA 0 00501003300 944402007071 3113 PURCHASES*FIBANCE CRMR*P1n1IODIC RATE 33.28 84 0000 0 70000000000 •«•« Citi Card ThaWoo Points Summary *•«* •«?•«•.•••s• Flight Points Summary •* **«•••«•• Activity This Period Beginning Flight Points Balance 0 E i Flight Po nts arned 0 Flight Points Adjusted / Expired 0 Flight Points Transferred to Your ThankYou Network Member Account 0 Remaining Flight Points Balance 0 ss«•««««•«• Purchase Points Summary •««••««••••« Activity This Period Purchase Points Earned 3,898 Special /onus Points Earned 0 Purchase Points Adjusted 0 Total Purchase Points Earned 31898 Purchase Points Transferred to Your ThankYou Network Member Account 31898 Total Points Transferred to Your ThankYou Network Member Account This Period 3,898 Total Flight Points Earned Year to Date Activit Total Purchase Points Earned* 4,314 Total Points Transferred to Your ThankYou Network Member Account 4 314 , *Also Includes Special / Bonus Points Go to thankyouredemptions.com to review your ThankYou Point balance and redeem! ThankYou Flight Points will appear on your billing statement approximately 6 to 8 weeks following the initial departure date of travel. Remember, for every one Purchase Point that is transferred to your ThankYou Member Account, we will transfer one Flight Point as well. Purchase Points and Flights Points become available for redemption after they are transferred to your ThankYou member Account. Our records show home phone 717-530-5962 and business phone 717-532-6615. Please update coupon if incorrect. EXHIBIT ROY TOME sale Data Post oew Rewswe Mawr ActMW SWO Last Std""Mt Attoad Important Information About Your Account: Please see the enclosed Notice of Change in Terms and Right to Opt Out for important changes to your Card Agreement. Pay your credit card bill online anytime. It's easy, secure and free. Plus, you can day! sSi?gnu in atycitieardsacownand selectbfi ake Spin ET weekday to post the same Increased Online Security. Going online to manage your credit card just got even more secure. A new layer of online protection called Security Questions is coming to Account Online. rev+o (*l Purchases - Payments (+-I FINANCE Now Accamt 5umary Balance 5 Adveac?A 6 Credits CHARGE Balance PURCHASES $1.535.47 $3.897.89 $35.00 $33.28 $5,4 1.64 ADVANCES TOTAL 160.00 $0.00 $1.535.47 $3.897.89 0.00 55.00_ S0.00 $33.28 10.00 $5, 1.54 a Thls BMIt Pertod• 29 Rata Summary Balance Subject to Finance Charge er+ +e Rate om • APR PER ANNUAL CENTAGE RATE PURCHASES Standard Purch $2,941.58 0- 03901%(D) 14.240% 14.240% ADVANCES 05/07/07 $5532.42 $243.06 SITE:RC-CL TM:C0-5000 ACID:IRB0011 t, 08/Z7/08 23:02:02: CITI CARDS P.O. BOX 182564 ROY TOME COLUMBUS, OH 28 S QUEEN ST 43218-2564 SHIPPENSBURG PA 17257-2010000 " ` tl? Card American Express Citi PremierPass Account Number 3743 500320 41185 cask" W Sewkes Re"Mag AverablCndt Ltee Rweh9nv 1-866-46'24$4 CrvNt Liao Cash AdvaPie* Limit Available Cash Lbnit Nor salon" $6000 $467 $1800 $467 $5532.42 PO Box 44167 Statement/ Amount Ovw Pwch/Adv MWnwm Jacksonville, FL deetag sate Revolving CredR Line Past NN MloUwm Due 32231-4167 04111/2007 $0.00 $87.28 + :155.78 = Amewrt DW 3243.06 Sale Deb Post Deta llolww ce Number Activity stew toot statearnt Aemuet a 4/11 WE M - MAR PAYFANT PAST DUE 39.00 66 0000 0 70000000000 4/11 PURCHAl3E *nNARCE CHARGB*MIODIC RATE 61.78 84 0000 0 70000000000 *«t« Citi Card ThinkYou Points Sulsmwr ••'* • ••••• ««s«.ss««sss Flight Points Summary •• • Activity This Period •* Fli B l 0 i i h P i t B g s ance nn ng t o n a eg t E Fli ht P i d 0 s arne g o n Flight Points Adjusted / Expired 0 Flight Points Transferred to Your ThankYou Network Member Account 0 Remaining Flight Points Balance 0 s«sss««s«s« Purchase Points Summary ••••*•'**•" Activity This Period Purchase Points Earned Special / Bonus Points Earned b Purchase Points Adjusted 0 Total Purchase Points Earned 0 Purchase Points Transferred to Your ThankYou Network Member Account 0 Total Points Transferred to Your ThankYou Network Member Account This Period 0 yy d Year to Date Activit T t l Fli ht P i t E s o a g a n arne 0 Total Purchase Points Earned* 4,314 Total Points Transferred to Your ThankYou Network Member Account 4,314 *Also includes Special / Bonus Points Go to thankyouredemptions.com to review your ThankYou Point balance and redeem! Your account is past due. Please pay the minimum amount due immediately. If You do not make an inmediate payment you may not be eligible to earn new ThankYou Points on your card account. If your payment has already been sent, thank you. ThankYou Flight Points will appear on your billing statement approximately 6 to 8 weeks following the initial departure date of travel. Remember, for every one Purchase Point that is transferred to your ThankYou Member Account, we will transfer one Flight Point as well. Purchase Points and Flights Points become available for redemption after they are transferred to your ThankYou Member Account. Your late fee was base on your account balance as of the payment due date (04/05/07), which was 5,431.64. EXH1E3iTo„_,. f ROY TOME sale Date Pat WA WGFO a Nee?fer Adt Stan Lat Steteaient Amwd Citi(R) American Express(R) Cardmembers cab get special money-saving offers on airfare, car rentppls, dining hotels, electronics, and much more. Just visit a lifemyea?d.com/selects before your next vacation, special occasion or shopping spree. NEED TO UPDATE YOUR NOME OR EMAIL ADDRESS? Instead of calling customer 'Update,PersonalyProf,le" underlthhee "YaeageoMyoAccount* menus.com and select Account Summary Previous + Balance & Purchases Advances Paymentli & Credits (+TFIMANCE CHARGE W New Balance PURCHASES $5.4 1.64 $39.G0 0.00 5 1.78 00 0 $5,532.42 $0 00 ADVANCES j0.00 $0.00 0.00 1 . 1 . TOTAL $5,4 1.64 $39.00 0.00 $61.78 $5,532.42 Da r, This Billin g Period: 29 Rata Summary a anew Subject to Finance Charge Periodic Rate Nominal ANNUAL APR PERCENTAGE RATE rd Purch $5,461.41 0.03901%(D) 14.240% 14.240% 06/05/07 $5719.92 $487.56 SITE:KC-CL TM:CO-5000 ACID:IRB0011 PINWORM ?.,? 11__`W§ 08/27/08 23:02:02: CITI CARDS P.O. BOX 182564 ROY TOME COLUMBUS, OH 28 S QUEEN ST 43218-2564 SHIPPENSBURG PA 17257-2010000 ° e Card American Express Citi PremierPass Ateoutt N~ 3743 500320 41185 Cult~ sarvim RtvaM Avenahb Ravelvln0 3 1-800-388-2260 CredB Llee Cradt LNe Cash Adremca Littlt AvNW M Cash Unit New Balance $6000 $280 $1800 $280 $5719.92 Po box 44167 statement/ Amoeat Over Purchift" MWmwn Jacksonville. FL ewaso oala newMna curt Ltne Past Due Mtntrum Det A,eeumtDue 32231-4167 05/11/2007 $0.00 $243.06 t $244.50 = $487.56 Sels Orate Poet Debt aNerance tea per Aep1Rr Shms Loot Stdemeet Aaquat Standard Purclt 5/11 LATE FEE - APR PAYHR1fT PAST DUE 39.00 66 0000 0 70DDODOODOO 5/11 MCHASESVIRANC6 CHARGE"PERIODIC RATE 148.50 84 0000 0 70000000000 '••• Citi Card ThankYou Points Suamary ++•• ««««..««+.«« Flight Points Summary •* +++•+••«: Activity This Period Be inning Flight Points Balance 0 Fl ht P i t E ig o n s arned 0 Flight Points Adjusted / Expired 0 Flight Points Transferred to Your ThankYou Network Member Account 0 Remaining Flight Points Balance 0 ««««««««««« Purchase Points Summary ••••++••«++• Activity This Period Purchase Points Earned 0 Special / Bonus Points Earned 0 Purchase Points Adjusted 0 Total Purchase Points Earned 0 Purchase Points Transferred to Your ThankYou Network Member Account Total Points Transferred to Your ThankYou Network Member Account This Period 0 Total Flight Points Earned Year to Date Activit Total Purchase Points Earned* 4,314 Total Points Transferred to Your ThankYou Network Member Account 4,314 *Also includes Special / Bonus Points Go to www. t hankyounet work. coo to review your ThankYou Point balance and redeem! ThankYou Flight Points will appear on your billing statement approximately 6 to 8 weeks fallowing the initial departure date of travel. Remember, for every one Purchase Point that is transferred to your ThankYou Member Account, we will transfer one Flight Point as well. Purchase Points and Flights Points become available for redemption after they are transferred to your ThankYou Member Account. Your lgte fee was based on Your account balance as of the payment due date (05/07/07), which was :5,532.42_ Your account is two months past due and your credit privileges have been suspended. Please call the toll -free number shown above, Monday - Friday, 7 am this paymentSathankyyou_am to 5 pm, Central Time. If you have already sent us i O ROY TOME Sao asp Pmt Dab nsw"M aleaaer AdWy Sloe LW StaftMd Aawaid Account Smmary rar s t) urc es -) aym t MNANCE = New Balance & A dvances S(Credb CHARGE Balance PURCHASES ADVANCES =5,532.42 0 00 $ 9.00 00 0: 50 00 5148.50 $5,7 9.92 . 10 0 . 0 $0 .00 0.00 TOTAL $5.5 2.42 ;#9.00 0.00 $148.50 $5,719.92 Da This B/q Perlat: 30 Rata Summary Balance subject Periodic omma AMNUAL _ Finance Charge Rate APR p CENTA RATE PURCHASES Standard Purch ADVANCES $5,603.87 0.08833%(D) 32.240% 32.240% 07/06/07 $5928.03 $754.67 SITE:KC-CL TM:CO-5000 ACIO:IRB0011 +.?y `1 08/27/08 23:02:02 CITI CARDS P.O. BOX 182564 ROY TOME COLUMBUS, ON 28 S QUEEN ST 43218-2564 SNIPPENSBURG PA 17257-2010000 " ' C Card American Express Citi PremierPass I AtuountNambW 3743 500320 41185 Cushator 5111411M Revel 0 AvaraDN Mavohleo 1-809-866-9940 Credk Lh• Cnrdt L[r Cash Advance Unit Available Cash Limit New Balance $6000 $71 $1800 $71 $5926.03 PO Box 44367 tat"now Jacksonville, FL Cleat" Deb Rft* Amount Cr@W UrA past Due YlnMwa Ow Amy Ow 32231-4167 06/13/2007 $0.00 $487.56 4 $267.11 = $754.67 sob Data Pmt Date nafemece Member Aetift stall t.Mt state®ert Amount Standard Purch 6/13 LATQ FEZ - MAY PAYNltlfi PAST= 39.00 66 0000 0 70000000000 6/13 PURCHANS*FINAWN CHAACR#M100IC RUTS 169.11 84 0000 0 70000000000 «+++ Citi Card ThankYoy Points Summary +•+rr 0«0000r«0000 Flight Points Summary +• •r•«+««s« Activity This Period Spinning Flight Points Balance 0 0 E arned Flight Points Flight Points Adjusted / Expired 0 Flight Points Transferred to Your ThankYou Network Member Account 0 Remaining Flight Points Balance 0 ««««s««««•« Purchase Points Summary «rrrrrrrrrrr Activity This Period i t E d 0 P h P urc ase s arne o n Special / Bonus Points Earned 0 Purchase Points Adjusted 0 Total Purchase Points Earned 0 Purchase Points Transferred to Your ThankYou Network Member Account 0 Total Points Transferred to Your ThankYou Network Member Account This Period 0 Year to Date Activityy Total Flight Points Earned 0 Total Purchase Points Earned* 4.314 Total Points Transferred to Your ThankYou Network Yenber Account 4,314 :Also includes Special / Bonus Points Go to www.thankyounetwork.com to review your ThankYou Point balance and redeem! ThankYou Flight Points will, appear on your billing statement approximately 6 to 8 weeks following the initial departure date of travel. Remember, for every one Purchase Point that is transferred to your ThankYou Member Account we will transfer one Flight Point as well. Purchase Points and Flights Points become available for redemption after they are transferred to your ThankYou Member Account. Your late fee was based on your account balance as of the payment due date (06/05/07), which was $5,719.92. Your account is seriously past due and your credit privileges have been suspended. Please call the toll-free number shown above to learn about our special payvent options. Call Monday - Friday, 7 an - 9 pm, or Saturday, 8 a - 5 P+a. Central Time. 9XHIBIT-1. ROY TOME Sale 0ah Post Sato Ra ffow WA00F Admky; t.a1t &Asmoat Amount Standard Purch ADVANCES Standard Adv $5,801.50 $0.00 0.08833%(D) 0.08833%(01 32.Z40% a7_?Anti 32-240% 17 7AnX I ? avicus + Purchases ayman a [-+I FINANCE (-) new Aecasrt Summary _ balance & Advances r. Credits CHARGE 9alance PURCHASES $517 9.92 $39.00 0.00 $149.11 $5.9 8.03 . $0.00 00 TOTALCES $5,719.92 $39.00 100..00 $1690.11 $5.918.03 aavs This Bulina Parlo& 33 08/06/07 $5928-03 $753.67 SITE:KC-CL T0:CO-5080 ACID:23i3021O2: CITI CARDS P.O. BOX 182564 ROY TOME COLUMBUS. ON 28 S QUEEN ST 43218-2564 SHIPPENSBURG PA 17257-2010000 * t a C I Citi PremierPass' American ExPress Card Accot" Number 3743 500320 41185 tusbemar sa wim aavatrh9 Avail RavnMp 00 CrHtt Ume Cradtt Lim Cash Advamea Wait Avallabte Cash Limit ' New Salanca 03 $5928 " 1-800-6611- $6000 $0 $1800 $0 . PO BOX 44161 s CU, Amount Over PureblAN Jacksonville. FL ctoslu? Dab m.*Aq Cr.0 Lh-. fast bat vhd mum Dow 67 + $88.00 = $665 Minimum Amwrt Due 3.6T 75 $ . 32231-4167 07/12/2007 $0.00 n $7 sob Data Owl sew Ratsrunce Number Adwev Ma Lest Staleenmt Pay Nnats Credits i Af astwsnts BULL D8B1#R!lENT TRANSACTION -89.00 7/11 70 0000 0 7 0000 Standard Purch 1iFE l?1T TRANSACTION ULL DE 7/11 7/11 F 0 89.00 0 7 61 000 Please see enclosed privacy notice for important information. Previous + r asea Payments (T) RUNCE • ew Aeeotrd Summary Balance & Advances lk Credits CHARGE Batance_ PURCHASES ADVANCES $5.9 8.03 0-00 9 $$9.00 $19:0000 10.00 4 00 NO .00 $5.9 8.03 00 90 TOTAL 8.03 $5. $89.00 9.00 .00 8.03 ;5. Da This Billing Parbd: 29 Rate Summary Balance Strbjoct to Finance Charge Periodic Rate Nominal APR P ANNUAL ERCENTAGE RATE PURCHASES Standard Purch $0.00 0.08833%(0) 32.240% 32.240% ADVANCES Standard Adv $0.00 0.08833%(D) 32.240% 09/06/07 $5928.03 $685.67 SITE:KC-CL TM:CO-5000 ACID:IRB0011 WINNOW- 08/27108 23:02:02: CITI CARDS P.O. BOX 182564 ROY TOME COLUMBUS. OH 28 S QUEEN ST 43216-2564 SHIPPENSBURG PA 17257-2010000 Ci#i PremierPass' Account 96001W 3743 500320 41185 Custw- W Rerelvla0 t-800-666-9900 eoeaRUa. $6000 PO Box 44167 ? JackaoR%i l la. FL cleednq 12231-4167 08/132007 8/10 8/101 8/10 American Express' Card AveMNM RevshrMl eredH flee Cash Aft... IIMt ArallNla Cash tYnM $0 $1800 $0 awM j ? L?iii Pall oaa ANnk m oil 50.00 $597.67 + $88.00 ;;T;ts CrsddlttRs A Ad asstalants 70 0000 0 Standard Parch 6F= 0I0 ? TRANSACTION 7 0000 7 0000 CIT, 0 New Balance $5928.03 WAMM A Uunt No $685.67 -156.00 156.00 Acont Summary _ revous + Balance & urc ses ym s Advances J,Cradlts + NANCE CHARGE = aw Balance PURCHASES CES A =5,928.03 $156.00 $1 ro: 0 0 0 0.00 0 $5.9 8.03 TOT L 55.928.03 $156.00 $.0 1 .00 $5,928.03 Da YS Thk 900 PerkN 32 Rate Summery Balance SLblect to ar c Nominal Finance Charge Rate APR PE RCENTAGE RATE PURCHASES Standard Purch 50.00 0.08833%(D) 32.240% 32.240% ADVANCES Standard Adv $0.00 0.08833%(D) 32.240% 32.OWJ1131T ?_ __^_ s 10/05/07 $6126.15 $6126.15 S1TE:KC-CL T08C27/080 ACID:23B02102: M "M MM IM WOE CITI CARDS P.O. SOX 182564 ROY TOME COLUMBUS. OH 28 S QUEEN ST 43218-2564 SHIPPENSBURG PA 17257-2010000 Citi PremierPass' AWAW NIrsbar 3743 500320 41185 Cuabemer sarvim Revolving 1-800-!66-9900 $ C60 di PO Box 44167 stotemnent/ Jacksonville, rl closing Date 32231-4167 09/12/2007 s.ne ode Past Deb nelaeam WW"Gr American Express" Card Anea6 GMtMl Laaee So Amewd Over edv"ca 1126-15 Cash Advaaa Llndt $1800 Pact Dee $685.67 Available Cash Limit $0 .27 Standard Parch 9/12 I.ATS 70 - AVG PAYNEKT PAST DUE 66 0000 0 70000000000 9/12 PURCHAS0*1riNANa CHARGIs ERIODIC RATS 84 0000 0 70000000000 Your 1 to fee was bas on lour account balance as of the payment due date (09/06/07), which was 5,928.03. Help is availabylei Please call the toll-free number shown above to learn about 8 an to 5a pm, CentralpTime Please give us theaopport nity to assistSyoourday. Our records show home phone 717-530-5962 and business phone 717-532-6615. Please update coupon if incorrect. Cite New aalnsce $6126.15 Wailmum Annr& DUO $6126.15 Anpod 39.00 159.12 Account Summary rev oua t Balance 6 urG axes Advances - Payments & Credits (+) RNANCE m New CHARGE Balance PURCHASES _ $5,9 a.03 1 $39.00 0 0.00 0 00 1 $159.1Z $6,1 6.15 1 5 CES O 0.00 .00 3 . 12 TAL T 15,92 8.03 9.00 $ 0.00 6.15 $6,1 9. $1 s This Bluing Perlom 30 Rste Summary Balance ' Subject Finance Charge er ie Rate Nominal ANNUAL APR PERCENTAGE RATE PURCHASES Standard Purch $6,004.59 0.08833%(D) 32.240% ADVANCES Standard Adv $0.00 0.08833%(D) 32.240% 3ztlkhIBiT 14 32.240% ` "'• 11/05/07 $6282.54 $6282.54 SITE:KC-CL TM:CO-5000 ACID:IRB0011 N 1 08/27/08 23:02:02: CITI CARDS P.O. BOX 182564 ROY TOME COLUMBUS. OH ATTNY ACCOUNT-CODE¦PRLG 43218-2564 SHIPPENSBURG PA 17257-2010000 Citi PremierPass' American Express" Card AcM t 11 - 3743 500320 41185 Customer Service: Revalveao Available Ravelrla9 L-600-568-5000 Credlt Une rr.dt Lbn Cash "vane Llmlt Avallable Cash UmH $6000 $0 $1800 $0 PO Sax 44167 st.ttdrnt/ Amannt Ovar PurCh/AeV Jacksonville. FL Clodaa Qata Na" MIs CNA "W Past DN MlNeauaa Dee 32231-4167 !0/11/2007 $282.54 $1070.94 $218.39 Standard Parch 10/11 PURCBASES*BIHANCS CHARGB*PBRIODIC RATE 84 0000 0 70000000000 Help is available! Please call the toll-free number shown above to learn about our special paywent options. Call Monday - Friday, 7 am to 9 pm, or Saturday, e aw to 5 pm, Central Time. Please give us the opportunity to assist you. atie Haw salorm $6282.54 Mlniansw Awaant Due $6282.54 156.39 Account Summary Previous t Purchases - Payments (+) FIKKNCE (-)Now Balance 6 Advances 6 Credits CHARGE Balance PURCHASES =6,1 26.15 0.00 000 56.39 $1 $6 282 54 TOTALCES : $6,126.15 10.00 100:.00 00 : $156.39 , . $6,22.54 D This Boan Period: 29 Rata Summary Balance eC to Fi Ch ar o e ores ne ANNUAL nance arge Rate APR PFRCFMTArE RATE n.-nn?co tandard Purch $6,201.32 0.08696%(D) VANCES tandard Adv 50.00 0_08696%(D) 31.740% 31.740% "INHIBIT 31.74$0!6 s U-S- Postal Service M • REC (Domestic onl I EIPT M y; nsurance CO ---overage Provided) - ul Postage S rU r•? Certified Fee 0 (E??m nt Requi 0 aired) Postmark C3 Restricted Deirvery Fee (Endorsertterrt Required) Here 3 rLi O M Total P cefege d Fees $ L7 ° o - S`?et Apt - : L[ _7 L. ..L? 1'O Box No- ?] ( .1 i a 0 D Y1 - °----------w C4 ,-U OWSLO" 28 South Queen Street Shippensburg, PA 17257 November 21, 2008 Burton Neil & Associates, P.C. Brit J. SWWL Esquire 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Re: Citibank v. Tome 084358 (Cumberland County) Dear Mr. Suttell: Enclosed you will find a copy of my Answer to Plaintiffs First Set of Requests for Admission to Defendant. Sincerely, ,Roy+ `T? ROY Tt OME Enclosure EXHIBIT_ Burton Neil & Associates, P.C. By: Brit J. Swell, Esquire ID. NO.204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTAS NA- IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ROY TOME : NO.08-4358 CIVIL TERM Defendant : CIVIL ACTION - LAW Defendant's Answer to Plaintft W at Set of Requests for Admission to Defendant The Defendant, Roy Tome, responds to Plaintiffs First Set of Requests for Admission to Defendant, as follows: Requests for Admission 1. With reference to the monthly billing statements for defendant's credit card account with plaintiff copies of which are ached hereto as requests for admissions exhibits 1 through 15: a. Defendant admits that the detail set forth in each monthly billing statement accurately reflected for the monthly billing period defendant's use of the account and accurately reflected all charges and credits to the account. RESPONSE: There was no contract attached to the Complaint Defendant needs to see the contract to know what charges are permitted to be charged to Defendant b. Within 60 days after defendant's receipt of each monthly billing statement defendant admits that no writing or other communication disputing, protesting or objecting to any of the charges or credits appearing in the monthly billing statements was sent by defendant to plaintiff. RESPONSE: There was no contract attached to the Complaint Defendant needs to see the contract to know what charges are permitted to be charged to Defendant. c. Defendant admits that with respect to each monthly billing statement, a written billing error notice was not sent to plaintiff. RESPONSE: There was no contract attached to the Complaint. Defendant needs to see the contract to know what charges we permitted to be charged to Defendant. 1 • t 2. Defendant admits that after receipt of the monthly billing statements marked exhibits 3- 7,11,12 defendwit made a payment which was reflected as a credit in the following month`s statement. RESPONSE: There was no contract attached to the Complant Defendant needs to see the contract to know what charges are permitted to be charged to Defendant. 3. Defendant admits that after receipt of the monthly bilking statements marked exhibits 1,2, 8- 10,13-15 defendant did not send a payment to plaintiff. RESPONSE: There was no contract attach to the Complaint. Defendant needs to see the C.Ont W to know what charges are permitted to be charged to Defendant. 4. Defendant admits that the last payment made on the account was posted by plaintiff on August 10, 2007 and is reflected in the w&''bit 13 monthly billing statement. RESPONSE: There was no contract attacked to the Complaint. Defendant needs to see the contract to know what charges are permitted to be charged to Defendant 5. Defendant admits that balance owed on the account is $6,126.15. RESPONSE: There was no contract attach to the Complaint. Defendant needs to see the contract to know what charges are permitted to be charged to Defendant Respectfully submitted: DATED November 21, 2008 104 lOY*..- ROY TOME 28 South Queen Street Shippenslxug, PA 17257 717-530-5962 F1 OF T „?Y 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. ROY TOME Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4358 CIVIL TERM : CIVIL ACTION -LAW Certificate of Service I, Brit J. Suttell, Esquire do hereby certify that I served a true and correct copy of the within Motion to Determine Sufficiency, Brief and proposed Order on pro se defendant, Roy Tome at his/her address of record via first class mail, postage prepaid on the date set forth below. Burton Neil & Associates, P.C. Date: ? 6 Z x'? By: Brit J. uttell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-13072 ,J( i 1 f .? i ?'lt~ t 2 009 M, Y 11 ' FTH 2: 2 8 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. Plaintiff v. ROY TOME Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-4358 CIVIL TERM : CIVIL ACTION -LAW Entry of Appearance To the Prothonotary: Kindly enter my appearance on behalf of plaintiff, CITIBANK (SOUTH DAKOTA), N.A., in connection with the above matter. Burton Neil Associat .C. By: - _yz A eil, Esquire for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-13072 OF THE 2009 AUG 31 Prf 12: 0 a . ' a Praecipe for Listing Case for Argument (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. -------------------------------------------------------------------------------------------------------------------- CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. ROY TOME Defendant NO. 08-4358 CIVIL TERM 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff s Motion to Determine Sufficiency of Defendant's Answers to Requests for Admission 2. Identify counsel who will argue case: (a) for plaintiff: Burton Neil, Esquire c/o Burton Neil & Associates, P.C. address: 1060 Andrew Drive, Suite 170, West Chester, PA 19380 b) for defendant: Roy Tome, Pro Se address: 28 South Queen Street Shippensburg PA 17257-2010 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 1 The law firm of Burton Neil & Associates is a debt collector. Attorney for the Plaintiff • 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. Plaintiff V. ROY TOME Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4358 CIVIL TERM CIVIL ACTION - LAW Certificate of Service I, Burton Neil, Esquire do hereby certify that I served a true and correct copy of the within Praecipe for Listing Case for Argument on pro se defendant, Roy Tome, at his address of record via first class mail, postage prepaid on the date set forth below, urton Neil Associates C. Date: vBU Burton il, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-13072 CA/AL- FILE; ~J.;c OF THE :.;1"rAPY 2004 AU_ 31 PH 12: 03 CU?rt : t iii 'f !, Burton Neil & Associates, P.C. By: Burton Neil, Esquire ID. NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attornev for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. : IN THE COURT OF COMMON PLEAS V. ROY TOME Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4358 CIVIL TERM Defendant : CIVIL ACTION - LAW Withdrawal of Motion To the Prothonotary: Kindly withdraw plaintiff's Motion to Determine Sufficiency of defendant's Answers to Requests for Admission filed on May 14, 2009. Burton Neil & Associates, P.C. By: B t J. ell, Esquire Atto ey for Plaintiff In making this communication, we advise that this firm is a debt collector. T . I 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. ROY TOME : NO. 08-4358 CIVIL TERM Defendant : CIVIL ACTION -LAW Certificate of Service I, Brit J. Suttell, Esquire do hereby certify that I served a true and correct copy of the within Withdrawal of Motion on pro se defendant, Roy Tome at his/her address of record via first class mail, postage prepaid on the date set forth below. Burton Neil & Associates, P.C. Date: (-L By: Y )6*4- _.. 11 Brit. Suttell, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-13072 T??Ry 2009011."T 13 Pi-i 3 2j CitiBank (South Dakota), N.A. 701 East 60th Street N. Sioux Falls, SD 57117 v Roy Tome 28 South Queen Street, Shippensburg, PA 17257 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY,?VAW 084358 civil term -T_ t NO. ; , cam, - cv Z (_' .._ ?f ? CD C RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Burton Neil counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is, (are) nt issue. 6,126.15 2. The claim of plaintiff in the action is $T The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT petition, Esq., and AND NOW, ,200 , in consideration of the foregoing Esq., and captioned action (or actions) as prayed for. Esq., are appointed arbitrators in the above By the Court, -44.00 pp" ce 7443 e*a4a-A57 Citibank (South Dakota), N.A. V. Roy Tome IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 4358 -' --i ' - 2 ---- RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: counsel for the plaintiff/defendant in the above action (or actions , respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $.6196 65 The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully s tted, ORDER OF COURT petition, _ Esq., and AND NOW, ,200 , in consideration of the foregoing Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. By the Court, EDGAR B. BAYLEY c CitiBank (South Dakota), N.A. 701 East 60th Street N. Sioux Falls, SD 57117 v Roy Tome 28 South Queen Street, Shippensburg, PA 17257 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY?VA1[. C o 'n 084358 civil term -TJE' NO. !0 ?? r-- C XIV ' 1 11 i C Cj -C RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Burton Neil counsel for the plaintiff/defendant in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (area at issue. 6,126.15 2. The claim of plaintiff in the action is $ The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully submitted, ORDER OF COURT AND NOW, , 2440 , in consideration of the foregoing petition, Esq., and Esq., and Esq., are appointed arbitrators in the above captioned action (or actions) as prayed for. ?O I4Z rha t l L__ G7 r ? 40.00 PU ICT" Ce 74tof S &X43,s7 Citibank (South Dakota), N.A. V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Roy Tome . NO. 4358 _ . , term, va- RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: counsel for the plaintiff/defendant in the above action (or actions ,respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of plaintiff in the action is $1,126..6 5 -_ The counterclaim of the defendant in the action is The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as arbitrators: WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Respectfully s tted, o ORDER OF COURT AND NOW, petition, Esq., and captioned action (or actions) as prayed for. ,200 , in consideration of the foregoing Esq., and _ Esq., are appointed arbitrators in the above By the Court, EDGAR B. BAYLEY n J?Jt n A ;juN, W' 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. Plaintiff ROY TOME V. Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4358 CIVIL TERM CIVIL ACTION - LAW Praecipe to Discontinue To the Prothonotary: Kindly discontinue the above-captioned action without prejudice. B Neil & Associ tes, P.C. 13C aniel A. Payne, quire Attorney for Plair ff The law firm of Burton Neil & Associates is a debt collector. C-13072 CITIBANK (SOUTH D NA, Plaintiffs VS. ROY TOME, Defendant A) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-4358 CIVIL ORDER AND NOW, this Esquire, as Chairman of tl /q` day of July, 2010, the appointment of Jerry R. Duffie, e Board of Arbitrators in the above-captioned case is VACATED. Elizabeth B. Stone, Esquire, is appointed in his place. BY THE COURT, ?l Kevin . Hess, P. J. ./Elizabeth B. Stone, Esqui Jerry R. Duffie, Esquire Am I 7?c 4 ? rv