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HomeMy WebLinkAbout08-5407Our File No.: 173 885 ,APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. PATRICIA A HOWARD 162 E LOUTHER ST CARLISLE, PA 17013 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08o- OfO? 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 twenty (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 claims 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. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 Our File No.: 173 885 ,APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker, Esquire, Esq. Attorney I.D.#38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. PATRICIA A HOWARD 162 E LOUTHER ST CARLISLE, PA 17013 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: O & - T(fO 7 CIVIL ACTION COMPLAINT FIRST COUNT 1. Plaintiff is LVNV FUNDING, LLC c/o Apothaker & Associates, P.C., 520 Fellowship Road C306, Mount Laurel, NJ 08054. 2. Defendant(s) is/are PATRICIA A HOWARD, an adult individual residing at 162 E LOUTHER ST CARLISLE, PA 17013 3. Plaintiff, LVNV FUNDING, LLC, is the Assignee and Successor in Interest of Account #5424180122869529; and said account was issued to Defendant(s) by CITIBANK, the Original creditor. 4. Defendant received, accepted and used the account to its benefit. 5. This account is in default and Defendant(s) has an unpaid balance of $12,181.17. A true and correct copy of the total due and owing is attached hereto, made a part hereof and marked as Exhibit "A". 6. All credits, if any, to which Defendant(s) is entitled, have been applied to the account and are included in Exhibit "A". 7. Although demand has been made, Defendant(s) has failed to make payment of the amount due as above. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $12,181.17 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & *SWCIATES, P.C. Attorn for P aintiff A Law Firm En sized ' Debt Collectioi BY: David J. Apbthaker, Esquire Dated: 9/5/2008 Our File No.: 173885 VERIFICATION David J. Apothaker, Es uire hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relatingsworn falsification to authorities. David J \Apothaker, Esquire Attorne for Plaintiff DATE: 9/5/2008 LVNV FUNDING, LLC PATRICIA A HOWARD 162 E LOUTHER ST CARLISLE, PA 17013 STATEMENT OF ACCOUNT Debtor's Name: PATRICIA A HOWARD Account Number: 5424180122869529 Original Creditor: CITIBANK Balance Due: $12,181.17 Our File No.: 173885 EXHIBIT "A" a r rv 0 LVNV FUNDING, LLC Plaintiff VS. PATRICIA A.HOWARD, Defendant : IN THE COURT OF COMMON :PLEAS, CUMBERLAND COUNTY No: 08-5407 Civil Term :CIVIL ACTION - LAW Please enter my appearance for the Defendant in the above. Date: Geoffrey M.Biringer 401 E.Louther Street Carlisle,PA 17013 (717)243-9400 Supreme Court ID#18040 'T?t v?o ?? ? ; v?;.?: ??: ? ? R> `?` 3.h ?- ?. ?» 1 --.„? / - .. 1 ? " ,? r , LVNV FUNDING, LLC Plaintiff VS. PATRICIA A.HOWARD, Defendant : IN THE COURT OF COMMON :PLEAS, CUMBERLAND COUNTY No: 08-5407 Civil Term :CIVIL ACTION - LAW DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Pursuant to Pa.R.C.P. No's 1017(a) and 1028, Defendant, Patricia A.Howard, by and through her attorneys, MidPenn Legal Services, preliminarily objects to Plaintiff's Complaint and moves for its dismissal as follows: 1. MOTION TO STRIKE/FAILURE OF PLEADING TO CONFORM TO LAW AND RULE OF COURT 1. Plaintiff filed a Complaint demanding damages in the amount of $12,181.17 plus interest, fees and costs. 2. Plaintiff alleges it is owed certain funds pursuant to an assignment, from the "original creditor," CITIBANK, to itself, which would form the very core of Plaintiff's standing to pursue this claim, but such writing has not been appended to the Complaint, nor its absence explained, as required by Pa.R.C.P.No.1019(h) and (i). 3. Plaintiff has also failed to attach to the Complaint any signed written contract between Defendant and the original Plaintiff or any assignee. Although this/these contracts would form the core of Plaintiff's case, such writing(s) have not been t appended to the Complaint, nor their absence explained, as required by Pa.R.C.P. No.1019(h) and (i) and No. 1028(a)(2) 4. Although Plaintiff avers that Defendant used the account for the purchase of products, goods, and services, no description of products, goods or services forming the basis for the Complaint were attached to the Complaint. 5. In addition, while Plaintiff claims in Paragraph 5 that Defendant has a balance due on the account, Plaintiff fails to attach any documentation of charges or payments which would evidence such a balance. WHEREFORE, Defendant Davis demands the Plaintiff's Complaint be stricken without prejudice to the filing of an Amended Complaint. II. MOTION TO STRIKEANSUFFICIENT SPECIFICITY OF PLEADING 6. Paragraph's 1-5 are incorporated herein by reference hereto. 7. As a whole, the Complaint is grossly vague and lacking in factual averments such that Defendant is without knowledge or information sufficient to form a meaningful response and prepare a defense. The Complaint fails to provide any documentation or accounting of charges allegedly made by Defendant, which would support Plaintiff's claim of damages, such as a breakdown of charges, payments, and interest, so that Defendant can properly formulate a response and assert any counterclaims. 9. Given the generality of Plaintiff's allegations and failure to attach any documentation to support its claim, the Complaint fails to satisfy the Pennsylvania Rules of Civil Procedure, Pa.R.C.P.No.1028(a)(3) and (4). f , WHEREFORE, Defendant Davis demands that Plaintiff's Complaint be stricken without prejudice to the filing by Plaintiff of an Amended Complaint. III. IMPROPER VERIFICATION 10. Paragraphs 1-9 are incorporated herein by reference hereto. 11. The verification is signed by the attorney for the Plaintiff, but fails to set forth the source of the information or a reason why the verification is not made by the party. WHEREFORE, Defendant Davis demands that Plaintiff's Complaint be stricken without prejudice to the filing of an Amended Complaint. Date: MIDPE v LEGAL SERVIC G off By: y1 ,/ reyy M. Biringer, Esquire 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Sup. Ct. ID #18040 ! . CERTIFICATE OF SERVICE The undersigned hereby certifies that on the date stated below, he served a true and correct copy of the within Preliminary Objections, by mailing same to the office of Plaintiff's attorney of record by first class U.S. mail, postage prepaid, addressed as follows, which service satisfies the requirements of Pa.R.C.P. No. 440: David J.Apothaker, Esquire 520 Fellowship Road C306 Mt.Laurel, NJ 08054 ?0 Date: By. Geoffrey M. Biringer MidPenn Legal Services 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Supreme Court ID#18040 C'J rn 9-n v 5 ya.. ._ _ { rra SHERIFF'S RETURN - REGULAR CASE NO: 2008-05407 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LVNV FUNDING LLC VS HOWARD PATRICIA A TIMOTHY R BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE HOWARD PATRICIA A DEFENDANT the DEFENDANT , at 0015:00 HOURS, on the 15th day of September, 2008 at 162 E LOUTHER STREET CARLISLE, PA 17013 PATRICIA HOWARD was served upon by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 00 ib'd`1?oP C 33.00 Sworn and Subscibed to before me this day So Answers: e,c 00", lir R. Thomas Kline 09/16/2008 APOTHAKER & ASSOCIATES By: --' Deputy Sheriff of A. D. Our File No.: 173885 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 ` Attorneys for Plaintiff LVNV FUNDING, LLC c/o Apothaker & Associates, P.C 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, vs. PATRICIA A HOWARD 162 E LOUTHER ST CARLISLE, PA 17013 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-5407 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 twenty (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 claims 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. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 Our File No.: 173885 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. PATRICIA A HOWARD 162 E LOUTHER ST CARLISLE, PA 17013 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-5407 AMENDED COMPLAINT FIRST COUNT 1. Plaintiff, LVNV FUNDING, LLC, is a company with its principal place of business located at 15 South Main Street, Suite 500, Greenville, SC 29601. 2. Defendant is PATRICIA A HOWARD, an adult individual residing at 162 E LOUTHER ST CARLISLE, PA 17013. 3. Defendant applied for and received a credit card from CITIBANK account number 5424180122869529. 4. Defendant used the credit card, account number 5424180122869529, and as of October 07, 2008 there was an outstanding balance due and owing in the amount of $12,181.17. 5. Plaintiff purchased this account and presently owns and holds this account. 6. When Plaintiff purchased this account there was an outstanding balance due and owing of $12,181.17. Attached hereto as Exhibit "A" is the Client Statement. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $12,181.17 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged in Debt Collection BY: Dated: 10/10/2008 F.Acian, Esquire Our File No.: 173885 VERIFICATION Kimberly F. Scian, Esquire hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unworn falsification to authorities. Kimberl? F. cian, Esquire Attorney for Plaintiff DATE: 10/10/2008 Our File No.: 173885 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC Plaintiff, VS. PATRICIA A HOWARD Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-5407 CERTIFICATION OF SERVICE I, Kimberly F. Scian, Esquire, attorney for Plaintiff, certify that on 10/10/2008, I mailed a copy of the Amended Complaint by Regular mail to GEOFFREY M BIRINGER, ESQUIRE 401 E LOUTHER STREET, SUITE 103 CARLISLE, PA 17013 Date: 10/10/2008 KimVrly F. Scian, Esquire Attorney f r Plaintiff Our File No.: 173885 Current Owner: LVNV Funding LLC Original Creditor: Citibank Previous Owner: Citibank Statement Closing Date: 6/13/2008 12:00:00 AM LVNV Purchase Date: 01/22/2008 Account Origination Date: 01/10/2002 Patricia Howard ***-**-9271 162 E LOUTHER ST CARLISLE, PA 17013 Account number 5424180122869529 Owing Collected Balance Principal $ 8,563.42 $ - $ 8,563.42 Interest $ - $ - $ - Atty Fee $ - $ - $ ' Misc Cost $ - $ - $ - New Balance $ 8,563.42 $ - $ 83563.42 TRANSACTIONS Transaction Date Description Amount This statement is not an original. This statement has been generated on behalf of LVNV Funding LLC, account owner. _ -r3 m ?a - (r"4 0 LVNV FUNDING, LLC Plaintiff VS. PATRICIA A.HOWARD, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY No: 08-5407 Civil Term :CIVIL ACTION - LAW DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT Pursuant to Pa.R.C.P. No's 1017(a) and 1028, Defendant, Patricia A.Howard, by and through her attorneys, MidPenn Legal Services, preliminarily objects to Plaintiff's Complaint and moves for its dismissal as follows: I MOTION TO STRIKE/FAILURE OF PLEADING TO CONFORM TO LAW AND RULE OF COURT Plaintiff filed a Complaint demanding damages in the amount of $12,181.17 plus interest, fees and costs. 2. Defendant filed Preliminary Objections on September 22, 2008 3. Plaintiff filed an Amended Complaint on or about October 10,2008. 4. Plaintiff alleges it is owed certain funds pursuant to an assignment, from the "original creditor," CITIBANK, to itself. 5. This assignment would form the very core of Plaintiff's standing to pursue this claim, but such writing has not been appended to the rl Complaint, nor its absence explained, as required by Pa.R.C.P.No.1019(h) and (i). 6. Plaintiff has also failed to attach to the Complaint any signed written contract between Defendant and the original Plaintiff or any assignee. Although this/these contracts would form the core of Plaintiff's case, such writing(s) have not been appended to the Complaint, nor their absence explained, as required by Pa.R.C.P. No. 1019(h) and (i) and No. 1028(a)(2) 7. Although Plaintiff avers that Defendant used the account for the purchase of products, goods, and services, no description of products, goods or services forming the basis for the Complaint were attached to the Complaint. 8, In addition, while Plaintiff claims in Paragraph 4 that Defendant has a balance due on the account, Plaintiff fails to attach any documentation of charges or payments which would evidence such a balance. WHEREFORE, Defendant Davis demands the Plaintiff's Complaint be stricken without prejudice to the filing of an Amended Complaint. Il. MOTION TO STRIKEANSUFFICIENT SPECIFICITY OF PLEADING 9. Paragraph's 1-8 are incorporated herein by reference hereto. 10. As a whole, the Complaint is grossly vague and lacking in factual averments such that Defendant is without knowledge or information sufficient to form a meaningful response and prepare a defense. el 11. The Complaint fails to provide any documentation or accounting of charges allegedly made by Defendant, which would support Plaintiff's claim of damages, such as a breakdown of charges, payments, and interest, so that Defendant can properly formulate a response and assert any counterclaims. 12. Given the generality of Plaintiff's allegations and failure to attach any documentation to support its claim, the Complaint fails to satisfy the Pennsylvania Rules of Civil Procedure, Pa.R.C.P.No.1028(a)(3) and (4). WHEREFORE, Defendant Davis demands that Plaintiff's Complaint be stricken without prejudice to the filing by Plaintiff of an Amended Complaint. III. IMPROPER VERIFICATION 13.Paragraphs 1- 12 are incorporated herein by reference hereto. 14.The verification is signed by the attorney for the Plaintiff, but fails to set forth the source of the information or a reason why the verification is not made by the party. WHEREFORE, Defendant Davis demands that Plaintiff's Complaint be stricken without prejudice to the filing of an Amended Complaint. SERVICES Date: ?/0 9 MIDPEN LEGAL F B y: Geoffrey M. Biringer, Esquire 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Sup. Ct. ID #18040 CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing Preliminary Objections on this 2d day of February, 2009, by placing same in the United States mail, first class, postage prepaid, addressed as follows: David J. Apothaker, Esquire and Kimberly F. Scian, Esquire 520 Fellowship Road, C306 Mt.Laurel, NJ 08054 MIDPENN LEGAL SERVICES B y: Geoffrey M. Biringer Attorney for the Defendant 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 Y ?' P t `^:. ?= :J ' ^? ?:; ,Z ^s? r F a r ,•4V «..,.J f'+:?j ,. ,? f Our File No.: 173885 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC ) c/o Apothaker & Associates, P.C. ) 520 Fellowship Road C306 ) Mount Laurel, NJ 08054 ) Plaintiff, ) vs. ) PATRICIA A HOWARD ) 162 E LOUTHER ST ) CARLISLE, PA 17013 ) Defendant. ) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-5407 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 twenty (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 claims 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. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $12, 1 81.17 `and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged,in Debt Collection . Scian, Esquire Dated: 2/19/2009 Our File No.: 173885 VERIFICATION Kimberly F. Scian. Esquire hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unworn falsification to authorities. 'imbeily F Scian, Esquire Attorney r Plaintiff DATE: 2/19/2009 05/23/05 #6382.73 $i60.04 SITE:KC-CL TM:CO-5000 ACID:RO81238 ". 11/20/08 23:58:54: CITI CARDS PO Box 183068 PATRICIA A HOWARD COLUMBUS, OR 162E LOUTHER ST 43218-3068 CARLISLE PA 17013.3027000 Cltla Platinum Select` Card Amount N~ 5424 1801 2286 9529 Sustofrier Sarrkr. 1-800-454- 5114 Total Credit Line AvaUable Credit Line Cash Advance Limit Available Cash Limit 88x 6500 $10700 $4317 $2500 $2500 Statement/ Amount Over PYft A/Adv SIOUX FALLS, SD Cbsl Cate redil Line p amt Due Inimua+ Due 57117 04/27/205 to .00 + 10.00 + 160.04 tl' ew fieiance $6382.73 Minimum Amount Due = 5160.04 Salo We Post f7 le Referenco Num ber Aclbft Sims Last statement Amount /05 Payments Credits & Adjustments 3 2 4 46 5314 PAYMENT HANK YOU -170.38 0000 0000 P 4/27 PURCHASES FIMANCE CHARGE•PERIOOIC RATE 40.19 84 0000 0000000000 Balance Transfer - Charged To Offer 5 4/27 PURCHASES+FINANCE CHARGE*PERIODIC RATE 114.85 84 0000 0000000000 ThankYou'Redemptions Network Total ThankYou Points 1,594 ••i•ThankYou points Summary"*. Previous Statement Point Total 1,594 Base Points Earned 0 Total Points Earned This Period 0 Total ThankYou Points Available 1,594 Lifetime ThaakYou Points Earned 1,594 Bonus Points may take one to two billing cycles to a ear our n t t t Pl f pp o y s a emen . ease re er to the specific terms and conditions pertaining to the promotion for further details. Don't forgets Your Citi Card is the card that rewards you for all of your everyday purchases, Why use a card that doesn't give something back? See our website www.thankyouredemptions.com or call 1-877-7-REdEEtI for more information! Every day families discover how valuable Accidental Death insurance COULD have been. Cali 1-800-824-1659 to hear details today! 11/21/05 $6314.48 $158.32 SITE:KC-CL TM:CO-5000 ACID:ROB1238 ` w A .?,...- 11/2.0/98 23:58:54: CITI CARDS PO BOX 1 PATRICIA A HOWARD COLUMBUS83OH8 162 E LOUTHER ST 43218-3068 CARLISLE PA 17013-3027000 ' * ati? Citi Platinum Select Card Account Member 5424 1801 2286 9529 Customer §*rVigg 1.800-950-5114 Total Credit Line Avokteelr Credit Line Cash Advance Limit Available Cash Limit Now Balance $10700 $4385 $2500 $2500 $6314 48 Box 6500 Statemantf Amount Over SIOUX FALLS, 5D Ciosln 05 - relit Line 57117 11}/26J2805 10.00 + Pest Due $0.00 + purthmity Inimum nor 158.32 _ . Miali mm mount pug 158.32 Payscents, Credits i AdjustsMnts 10/05 30184042 70AYMENT HANK YOU 0000 -175.00 0000 Parch/Adv Thru 06/27/2405 10/26 PURCHAS£S«FINANCE CHARGE'PERIODIC RATE 553.32 84 0000 0000000000 Introducing ThankYou Merchants((SM), a new benefit of ThankYou Network('SM). Get 1 to 10 bonus ThankYou Points(4M) per $1 spent at 200+ participating merchants. ror more details on how to register, please log in at www.thankyouredemptions.com. ••••Citi Card ThankYou Points Summary*... 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PATRICIA A HOWARD Sam Dato Post Me Rolmaco ttuait+at : tirtty Stan Last Statement Amount Account Summary* FUNG"ASES 56;3 8.07 0,00 ADVANCES 5170.38 fl5S 04 S6 382.73 TOTAL 0.00 0.00 0.00 30.00 :0.00 56,3 8.07 10.00 $110.38 $155.04 $6,382.73 Rats Summary to t aant* Char Periodic tart na ANNUAL PURCHASES ge Rate APR P CENTAGE VATF Standard Porch Offer 5 1,644.14 4 698 30 0.08148%(D) 0 29.740% 29.740% ADVANCES , . 0. 8148%(D) 29.740% 29.740% Standard Adv ;0.00 0.05148%(0) 29.740% 29.740% PATRICIA A HOWARD Sok Date Post Date Rataronca Wimbor itctlvltr 9ace Lat Statasent Amount Help the victims of Hurricane Katrina. Donate your Thankyou Points(R) to the American Red Cross. 2,500 points = $25 donation; 5000 = $SO. Go to www.thankyounetwork.com, or call 1-877-?Redeem today. You can make a difference! Help protect your account! Monitor your charges before your statement arrives and ensure that no one is purchasing on your card but you. 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Get started today at www.virtual33.citicards.com Account Summary Previous Balance t Purchases & Advances - Payments & Credits (4) RRANCE CHARGE (= New Balance PURCHASES $6,3 36.16 000 $175.00 3 .32 $ '$6 314 48 TOTALCES 6 6. 6 :00 10 5 0 4 32 3 , . 4 48 $6,33 1 . . 0 $17 $15 . . $6,31 3 Da s y ms Billing Perkai: 29 Rate Summary Balance Subject to Periodic Nominal ANNUAL PURCHASES Stand rd Purch M $0.00 0.05477%(D) 19.990% 19.990% Pur Adv thru 06/27/2005 $6,277.50 0.08422%(D) 30.740% 30.740% ADVANCES Standard Adv $0.00 0.05477%(D) 19.990% 19.990% 07/25/05 $6349.14 $171.00 SITE:KC-CL TM:CD-5000 ACID:RO81238 >1=,. Q=*- 11:v'"41N. 11120108 23:58:54: CITI CARDS PO BOX 18306 PATRICIA A HOWARD COLUMBUS, OH8 162 E LOUTHER ST 43218-3068 CARLISLE PA 17013-3027000 Cite Platinum Select'a Card Account NWW 5424 1801 2286 9529 Custatner Servke: 1-800-950-5114 Total Credit Una Avallahie Credit line $10700 $4350 Box 6500 SIOUX FALLS, 50 Statement/ Closin e 8 01 t Amount TVvr gndtt ltnr 57117 06/27 J2 0 5 SO.00 01V % c ti• Cash Advance Limit Available Cash Limit New eatance $2500 $2500 $6349.14 ParchlAdv Minimum Past 0 0 out { 51 i?IMmu71n.D 0ue0 A1mou71nt . Due0 0 50. = $ 89 9 / Payswhts Credits i Adjustments E 6 06 323 0 0 NARK YOU PAYMENT I 70 0000 0000 -160.00 U P 6/27 F NANCE CHARGE•PERIOOIC RATE RCHAASES P 42.19 84 0000 0000000000 Balance Transfer - Charged To Offer S 6/27 PURCHASES•FINANCE CHARGE'PERIODIC RATE 123.81 84 0000 0000000000 Introducing ThankYou Merchants(SM) a new benefit of ThankYOU Network(SM) Get I to ?0 bonus ThankYou Points(SM) per $1 spent at 200* pparticipating merchants. For more details on how l i t a i er, p to regq s e se log n at www,thankyouredemptions.com. ThankYou Redemptions Network Total ThankYou Points '•••ThankYou Points Summary**** Previous Statement Point Total Base Points Earned Total Points Earned This Period Total ThankYou Points Available Lifetime ThankYou Points Earned 1,604 1,604 1,604 1,604 Bonus Points may take one to two billing cycles to appear on your statement. Please refer to the specific terms and conditions pertaining to the promotion for further details. Don't forget! Your Citi Card is the card that rewards you for all of your everyday purchases. Why use a card that doesn't gyve something back? See our website, www.thankyouredemptions.com or call 1-877-7-REDEEM for more information! Good News! Due to your recent payment performance we are lowering your Annual Percentage kate (APR) to our standard APR. You will sec the new APR on your next statement. PATRICIA A HOWARD Soi? Date Post We Retaroace Number Activity Since Lest Statemaet Amount Save Time. Save Paper. Sign up for All Electronic. You'll have instant access to your statement online. without that pile of paper. Get an e-mail notice when your §tatement is ready. Register or sign-on to www.ci ti cards. cam and choose Manage My Account. Account Summary - revlous : + - Purchases - - Payments t (a) New Balance & Advances & Credits CHARGE Balance PURCHASES $6,343.14 0.00 $160.00 $166 .00 _ ;6 349.14 ADVANCES 60.00 0.00 $0.00 1 10.00 , $0.00 TOTAL $6,343.14 0.00 $160.00 $166.00 $6,349.14 'lays Th is Ohlin Period: 32 Rate Summary Balance Subject ,o Periodic Nomin-11 ANNUAL Finance Charg e Rate APR PERCENTAGE RATE PURCHASES Standard Purch 51, 04.54 0.0821676(0) 29.990% 29.990% Offer 5 6 54,709.09 0.08216%(0) 29.990% 29.990% ADVANCES Standard Adv $0.00 0.08216%(0) 29.990% 29.990% 03/22/06 $8067.89 ;762.65 SITE:KC-CL TM:CO-5000 ACId:RO81238 ?• }•4, :* .:`+?Wa 21124/fle 23:58:54: CITI CARDS PO BOX 183068 PATRICIA A HOWARD COLUMBUS. OH 162 E LOUTHER ST 43218-3068 CARLISLE PA 17013-3027000 CIO* Platinum Select" Card dtt Account Number 5424 1801 2286 9529 Customer Service: 1-600-950-5114 Total Credit Line Avaliabh Credit Line Cash Advance Limit Avaliabia Cash Limit how Balance BOX 6500 $10700 $2632 $2500 $1445 $8067.89 statement/ Amern! Over PareH/Adv Minirnrm u+ SIOUX FALLS, SO C"ny Da to t Line Past Duo iNmum ove mounto 57117 02/24/2006 WOO + $457.19 + 1305.46 = ??62.65 saN veto Post Dab Raforor" Number Activity Since Lost statement Ammmt Payyments Credits 6 Adjustments 2/07 36597550 PAYMENT THANK YOU -50.00 70 0000 0000 00000000000 2/24 LATE FEE - JM PAYMENT PAST DUE 39.00 66 0000 0000000000 2/24 PURCNASEs•rINANCE CHARGE+PERIODIC RATE 5.50 84 0000 0000000000 Standard Adr 2/24 ADVANCES•FINANCE CHARGE*PERIODIC RATE 18.68 84 0000 0000000000 2/24 PURCHASES•FINANCE /GMARGE4 PERIODIC RATE 162.28 84 0000 0000000000 ****Citi Card ThankYou Points Summary**** Activity This Period Base Points Earned 0 Total ThankYou Pouts Earned This Period 0 Points Transferred to Your ThankYou Network Member Account 0 Go to thankyouredemptions.com to review your ThankYou Point balance and 'redeem! Bonus Points may take one to two billing cycles to apppear•on your statement. Please refer to the specific terms and conditions pertaining to the promotion for further details. Log.on to www.thankyouredemptions.com where rewarding yourself has never been taster. You can review your ThankYou Points balance, browse through the full redemptions collection, and redeem online! Don't forget! Your Citi Card is the card that rewards you for all of your everyyday purchases with 7hankYou Points. Why use a card that doesn't give something back? Visit www.thankyouredemptions.com or call 1-877-7-REDEEM for more information! Since your account is past due, your credit privileges have been suspended. In order to continue earning ThankYou Points with your card, please pay the minimum Amount Due, If your payment has already been sent, we appreciate it. Your late fee was based on your account balance as of the payment due date (02/20/06), which was $7,842.43. Our records show home phone 717-243-8675 and business phone 000-000.0000. Please update coupon if incorrect. PATRICIA A HOWARD Solo Date Post Date Reference Number Activity %no Legit statement Amount Account summary Previous t Purchases - Payments t = New Balance 6 A vanM 6 Credits CHARGE Balance PURCHASES ADVANCES 6,856.32 036 1 11 1 t 9.00 00 $50.00 $167.78 7.013.10 . , 0. 30.00 1 18.68 1,054,79 TOTAL 7,892.43 9.00 350.00 ;186.468.067.89 0a 3 This Billing Period: Z9 Rata Summary Balance Subject to Periodic omina ANNUM. ^ ^w ^^' Finance Charge Rate APR PERCENT62E ATE rd Purch =419.25 0,04518%(D) 16.490% 16.490% Adv S 06/27/2005 $6,486.34 0.08627%(D) 31.490% 31.440% rd Adv $1,045.10 0.06162%(D) 22.490% 22.490% 02120/06 $7842.43 $SO7.19 SITE:KC-CL TM:CO-5000 ACID:RO81238 0. WN " 'WN .....r 11/20I08 23:58:54: CITI CARDS PO 'BOX 183068 PATRICIA A HOWARD COLUMBUS, OH 162 E LOUTHER ST 43218-3068 CARLISLE PA 17013-3027000 ' Cite Platinum Select* Card C tt A"*" Number 5424 1801 2286 9529 Gtist9mor Servkas 1-800-950-5114 Total Credit Lim Available Credit Line Cash Advance Limit Available Cash Limit New balance $10700 $2807 $2500 $1463 $7892.43 Box 6500 SIOUX FALLS, SO Statdotiahi/ Ctoel Gate ? Amount over molt Line Past Due i'arMfAdv lnlmuea Due Minimum Amount Due S7117 O1/26/21 06 0.00 + $194.32 + 312.87 = $507.14 Payments, Credits i Adjustments 1/09 33165330 PAYMENT THANK YOU -30.00 70 0000 0000 00000000000 Standard Purch 1/26 MEMBERSHIP FEE JAN 06-DEC 06 0,00 74 0000 0000000000 1126 LATE FEE - DEC PAYMENT PAST DUE 39.00 1/17 1/17 H53J6168 66 0000 BOROUGH OF CARLISLE-PL CARLISLE PA OOOOOOOOOO 376.42 61 A9399US 55425636018 1/26 PURCHASES#FINANCE CHARGEOPERIODIC RATE 1 68 84 0000 0000000000 Standard Adv 1/17 1117 RZSNiYZ5 CASH T i M TRUST CARLISLE PA 500.00 60 A601OUS 2222 55434256017 1/17 1/17 CTNL*8*0 PENNA STATE BANK -CARL CARLISLE PA 500.00 60 A601OUS 2222 85454916017 1/26 ADVANCES•FINANCE CHARGE*FOR TRANSACTIONS 30.00 86 0000 0000000000 1126 ADVANCES*FINANCE CHARGE,PERIODIC RATE 6.11 84 0000 0000000000 Pureh/Adv Thru 06/27/2005 2/26 PURCHASES*FINANCE CHARGE,PERIODIC RATE 158.08 84 0000 0000000000 Introducing ThankYou Merchants((SM), a new benefit of ThankYou Network(SM). Get 1 to 10 bonus ThankYou Points{SM) per 1 spent at 200+ participating merchants. For more details on how to register, pease log in at www.thankyouredemptions.com. ****Citi Card ThankYou Points Summary**** Activity This Period Base Points Earned Total ThankYou Points Earned This Period 376 Points Transferred to Your ThankYou Network Member Account 376 Go to thankyouredemptions.com to review your ThankYou Point balance and redeem! Bonus Points may take one to two billing cycles to appear on your statement. Please refer to the specific terms and conditions pertaining to the promotion for further details. Log on to www.thankyouredemptiohs.com where rewarding yourself has never been easier. You can review your ThankYou Points balance, browse through the full redemptions collection, and redeem online! PATR,ICIA A NDWARD SiM DaE4 Post Dats ftefe»acs Nu lsr Ac?ktty Skid Lost State meat Amount i Don't forget! Your Citi Card is the card that rewards you for all of your everyday purchases with ThankYou Points. Why use a card that doesn't give some Bing back? Visit www. thankyouredempt ions. cam or call 1-877-7-RED-EEM for more information! Your account is past due. In order to continue earning ThankYou Points with Yyour card, please send the Minimum Amount Due. If your payment has already been sent, we appreciate it. If qou have not received your new card, please call the Customer Service number on this statement. Your late fee was base dci on your account balance as of tho payment due date (01/23/06), which was 17,657.56. The Annual Percentage Rate an your account may increase due to one of the following reasons stated in your Card Agreement with us: if you fail to make a usymthat e t is not henodu ,by your ba kyour credit line or you make a payment to Each Cash Advance is subject to a one-time transaction fee. This fee will cause your Annual Percentage Rate to exceed the nominal Annual Percentage Rate listed on this statement. Pay your Citi credit card bill online anytime. It's easy secure and free. Plus, you can schedule payments to advance or pay by lpm EST to post the same business day! Sign-an to citicards.com and selec Make a Payment. Life happens. But bills like this don't have to. Safeguard this account with Credit Protector) It gives you some financial breathing room when life-chmin events interrupt your income or stress your budget. To enroll, call 1-87 -300-6452. Want to receive your billing statement in Spanish? Prefiere recibir su estado de cuenta en Espanol? Llamenos al 1-800-947-9100 a eliia su idioma de i preferencia en www.citicards.com, modificando su Perfil''PPersonal en la section Administrar mi Cuenta. PURCHASE YOUR NEW RELOADABLE Giti Prepaid MasterCard! Use it for weekly or monthly expenses, allowances or for family far away. Visit www.citi.greendotonline.com or call 1-600-519-0901. Mention offer 43265. , Remove sensitive information from the mail! Sign up for statements online only. Get instant access to your statements online, get an email notice when your statement is ready. Safe and convenient. Sign on at www.citicards.com and enll. PATRI`CIA A HOWARD SaM Dsta Poet date petereact'itua>:tr AdtvkY Sim* Lw $tatemeat Aawunt Account Summary revtous t Purchases - Payments (+) FINANCE m) New Balance 6Advances S?Credits CHARGE Balance PURCHASES $6,311.14 $415.42 $30,00 $159.76 $6 856.32 ADVANCES $0.00 1,000.00 $0.00 $36.11 , 11 036.11 TOTAL $6,311.1A 1,415.42 $30.00 ;195.87 , $7,892.43 Days This Btilfn Period: 29 Rate. Summary Balance Subject to Periodic Nominal ANNUAL Finance Charge Rate APR PgR CENTAGE RATE Stand rd Purch $130.06 0.04449%(D) 16.240% 16.240% Purch/Adv thru 06127/2005 $6.368.59 0.08559%(D) 31.240% 31.240% ADVANCES Standard Adv $345.77 0.06093%(D) 22.240% 43.332% 01/23/06 $6311.14 $224.32 SITE:KC-CL TM:CO-5000 ACID:RO51238 T- 11/20/08 23:58:54:. CITI CARDS PO BOX 183068 PATRICIA A HOWARD COLUMBUS, OH 162 E LOUTHER ST 43218-3068 CARLISLE PA 17013-3027000 's a ti* Citi Platinum Select Card Accowt NYnd)!r 5424 1801 2286 9529 Customer Silrvko.. 1-800-950-5114 Total Credit Line Avaaabit Credit Line Co" Advaect Limit Available Cosh Limit New Raianct $10700 $4388 $2500 $2504 $6311.14 80x 6500 Statement/ Amount Over Perch/Adv SIOUX FALLS, 50 Cbsi p*te radii Line Post nut ii??inlmum Duo Minimum Amovat Dve 57117 12/28$2005 0.00 + $0.00 + 1224.32 = $224,33 Hale veto Post We Rderoso Num ber Activity Slecr Last Statoarnt Amount Paycleats Creditts & Adjustments _ E T } O - 12/08 33322416 PAYM N / HANK Y U 182.00 70 0000 0000 00000000000 Purth/Adv Thru 06/Z7/200S 12/28 PURCHASES*FINANCE CHARGE*PERIODIC RATE 161.32 84 ODOO 0000000000 PAYMENT ALERT: To avoid a late fee, please et your payment to us by the cutoff time on the due date shown on your billing statement. Introducing ThankYou MerchantS((SM), a new benefit of ThankYou Network(SM). Get i to 10 bonus ThankYou Points( M) per $1 spent at 200+ participating merchants. For more details on how to register, please log in at www.thankyouredemptions.com. ****Citi Card ThankYou Points Summary**** Base Points Earned Activity This Period Total ThankYou Points Earned This Period 0 Points Transferred to Your ThankYou Network Member Account 0 Lifetime Activity Total Base Points Earned 1,604 Total ThankYou Points Earned 1,604 Go to thankyouredemptions.com to review your ThankYov Point balance and redeem! Bonus Points may take one to two billing cycles to appear on your statement. Please refer to the specific terms and conditions pertaining to the promotion for further details. Log on to www.thankyouredemptions.com where rewarding yourself has never been easier. You can review your ThankYou Points balance, browse through the full redemptions collection, and redeem online! Don't forget! Your Citi Card is the card that rewards you for all of your everyday purchases with ThankYou Points. Why use a card that doesn't ive somethinq back? Visit www.thankyouredempiions.com or call 1-877-T-REOVEM for mare information! Good News! Due to your recent payment performance we are lowering your Annual Percentatle Rate (APR) to our standard APR. You will see the new APR on your next statement. NAPPY HOLIDAYS FROM ALL OF US AT CITI! We'd like to take a moment to thank you for being a Citi Card member and let you know that we appreciate your business. Warmest wishes for the upcoming year. PATRICIA A HOWARD Sots Dots Post Dote nsf mocoNumber AdMty:Sim* LogStatement Amount The VIP Desk Concierge Service feature will be discontinued as of December 31, 2005. ThankYou Points(R) are transferred from your Card Account into your ThankYou(SM) Member Account at the close of each billinq cycle. ThankYou Points are not eligible for redemption until they are transferred to your ThankYou Member Account. KEEP TRACK OF YOUR HOLIDAY SPENDING! Stay on top of your purchases and available credit an your Citi credit card this holiday season. Sign-on at citicards.com today and view your account summary anytime, anywhere. PURCHASE YOUR NEW RELOADABLE CM Prepaid MasterCard! Use it for weekly or monthly expenses. allowances or for family far away. Visit www.citi.greendotenline.con or call 1-800-619-0901. Mention offer 43265. Life happens. But bills like this don't have to. Safeguard this account with Credit Protector! It gives you some financial breathing room when life-changing events interrupt your income or stress your budget. To enroll, call 1-866-556-1633. Your Citi(R) Platinum Select(R) Card comes with Thankyou Network(R), a no-fee rewards program that lets you get ThankYou Points(R) for the things you buy everyday. You can redeem points for a wide variety of rewards you'll really want. Want to receive your billing statement in Spanish? Prefiere recibir su estado de cuenta en Espanol? Llamenos al 1-800-947-9100, o ell''_a su 1dioma de preferencia en www.citicards.com, modificando su Perfii Personal en la section Administrar mi Cuenta. Pay your Citi credit card bill onilne anytime. It's easy secure and free. Plus, you can schedule payments is advance or pay by ipn 1ST to post the same business day! Sign-on to citicards.com and select Make a Payment. Never Put Your Credit Card Number Online Again.. Virtual Account Numbers gives you a random number to use in place of your Citi Gard number for every online purchase -- it's easier than ever -- and free. Go to www.virtualaccountnumbers.citicards.com Account Summary revious + 8alanct & Purchases (- payments Advancesfgyj)ts (+) FINANCE CHARGE A ew Balance PURCHASES $6 3 1 . 82 0,00 $1 2.00 1 :161.32 $6,3 1.14 3 TOTAL J 0 . 00 $6 : 10..00 00 $1 2.00 $161.32 $6, /.14 Days This Billing Period: 30 3 Rate Summary Balance Subject to eri is _ omina ANNUAL Finance Charge Rate APR PER CENTAGE RATE PURCHASES Standard Purch $0.00 O.OS545%(D) 20.240% 20.240% Purch/Adv thru 06/27/2005 $6,282.54 0.08559%(D) 31.240% 31.240% ADVANCES Standard Adv ! $0.00 0.05545%(D) 20.240% 20.240% 10/24105 $6336.16 $174.65 SITE:KC-CL TM;C0-5000 ACID:ROB1238 INYIW ?? 11/20/08 23:58:54: st CITI CARDS PO BOX 183068 PATRICIA A HOWARD COLUMBUS, OH 162 E LOUTHER ST 43218-3068 CARLISLE PA 17013-3027000 e` a tie Cltl Platinum Select Card Account NwnOer 5424 1801 2286 9529 Customer Service: 1-800-950-5114 Total Credit Line AvaIS" Credit Line Cash Advance Limit AvlOaole Cash Limit New a+ance $10700 $4363 $2500 $2500 $6336.16 Box b500 Statement/ Amount Over SIOUX FALLS, SO Ctgs! Rata r+eR Lino past Out 2 Purch/Adv minimum Rua slinlmum Amount Duo 57117 09/27/ 05 0.00 a 30.00 j174.65 = $174.65 Sub Data Post Oats R+teroace Num ber Activity Siaca Lest Statement Amount 9/05 3 035 5 Payments. Credits 5 Adjustments 5 3 6 YMENNTT0TTHANK YOU 0000 70 00 -164.00 Purch/Adv Thru 06/27/2005 9/27 PURCHASES*FINANCE CHARGE*PERIODIC RATE 169.65 84 0000 0000000000 Introducing ThankYou Merchants((SM), a new benefit of ThankYou Network(SM). Get i to 10 bonus ThankYou Points{SM) per $1 spent at 200+ participating merchants. For more details on how to register, please log in at www.thankyouredemptions.com. ****ThankYou Points Summary'*** Previous Statement Point Total Base Points Earned Total Points Earned This Period Total ThankYou Points Available Lifetime ThankYou Points Earned 1,604 0 1,604 1,604 Bonus Paints may take one to two billing cycles to apppepr.on yyour statement. Please refer to the specific terms and conditions pertaining to the promotion for Further details. Log on to www.thankyouredemptions.com where rewarding yourself has never been easier. You can review your ThankYou Points balance, browse through the full redemptions collection, and redeem online! Don't forget! Your Citi Card is the card that rewards you for all of your everyyday purchases with ThankYou Points. Why use a card that doesn't give soinethinq back? Visit www.thankyouredemptions.com or call 1-877-7-REDEEM for more information! Account Summary revictis t Purchases - Payments (+) FINANCE => New Balance & Advances & Credits CHARGE allance PURCHASES $6,3io.51 0.00 $1 4.00 6169.65 $6,3 36.16 TOTA 1 1 : L $6,330.51 0.00 5 4.00 $169.65 $6,336.16 Rate Summary aience Subject to finance Charge Periodic Rate omina APR ANNUAL PERCENTAGE RATE PURCHASES Stand rd Purch $0.00 0.05477%(D) 19.990% 19.990% Purch/Adv thru 06/27/2005 $6.294.88 0.08422%(D) 30.740% 30,740% ADVANCES Standard Adv $0.00 0.05477%(D) 19.990% 19.990% i 09/21/05 $6330.51 $163.08 SITE:NC-CL TM:CO-5000 ACID:RO81238 11/20/08 23:58:54: ARNOW.- 4K CITI CARDS PO BOX 183068 ' PATRICIA A HOWARD COLUMBUS, ON 162 E LOUTHER ST 43218-3068 CARLISLE PA 17013-3027000 e` a C t' l Card Platinum Select Cltl ACCaurd Number 5424 1601 2286 9529 Customer Sorvkr. 1-800.950-5114 Total Cre41t Lim MOW* Cradn line Lash A4Whee Limit AVollable Casb Limit Has balance $10700 $4369 $2500 $2500 $6330.51 80X 6500 statamtal/ At"Uht Over ?arth/Adv Sioux PALLS. SO ccttg?sl Data rtdtt Line all Due r?Inimum out ' 2 i M{nimem mount but + 1163.08 = o.00 ? 0.00 005 57117 08/26/ 163.08 Sam bmto Post Dab "wenta Numbfr AdkrRy Siato Log Statomaat Amount steents 8/08 31208090 PAYMENT HANKdYOU # •162.00 OOOO 70 OOOO Purch/Adv Thru 06/27/2005 8/26 PURCHASES*FINANCE CHARGE'PERIODIC RATE 158.08 84 0000 0000000000 Introducing ThankYou Merchants((SM), a new benefit of ThankYou hetwork(5M). Get i to 10 bonus ThankYou Points( M) per 11 spent at 200+ participating merchants. For more details on how to register, p ease log in at www.thankyouredemptions.com. •*••ThankYou Points Summary•+*• Previous Statement Point Total 1.604 Base Points Earned 0 Total' Points Earned This Period 0 Total ThankYou Pointy Available 1.604 Lifetime ThankYou Points Earned 1,604 Bonus 'Points may take one to two billing cycles to apppcear on lo statement. Please refer to the specific terms and conditions pertaining to the promotion for further details. Log on to www.thankyouredemptions.com where rewarding yourself has never been easier. You can review your ThankYou Points balance, browse through the full redemptions collection, and redeem onlinet Don't forgett Your Citi Card is the card that rewards you for all of your everyday purchases with ThankYou Points. Why use a card that doesn't qq__ive something bark? Visit www,thankyouradeinptions.com or call 1-877-T-REDEEM for more information! Our records show home pphone 717-385-0255 and business phone 000-000.0000. Please update coupon if incorrect. PATRICIA A HOWARD Sala Data Post we Ralorerme Number AdtVtty'Slw* Lot Statement AIM"t Account Summary Previous It Bake & urc aces Payments Adyj%es & Credits + FINANCE CHARGE (=) New Balance PURCHASES $6,334.43 00 $162.00 0 - 5158.08 $6,330.51 ADVANCES $0.00 .00 $0,00 f0 $0.00 $0.00 TOTAL $6,334.43 0 $162.00 0 0 5158.08 $6,330.51 Days Ihis Billing Per loci,. 30 Rata Summary Balance Subject ' to Finance Charge Periodic Rate ornna: ANNUAL APR PERCENTAGE RATE PURCHASES Standard Purch $0.00 0.05477%(0) 19.990% 19.990% Purch/Adv thru 06/27/2005 $6,308.38 0.08353%(D) 30.490% 30.490% ADVANCES' Standard Adv $0.00 0.05477%(D) 19.990% 19.990% 08/22/05 $6334.43 $161.29 SITE:KC-CL TM:CO-5000 ACID:RO61238 11/20/08 23:58:54: CITI CARDS PO BOX 183068 PATRICIA A HOWARD COLUMBUS, OH 162 E LOUTHER ST 43218-3068 CARLISLE PA 11013-3027000 Citi® Platinum 5electa' Card Actount Number $424 1601 2266 9529 Customer Servkr. i i Cacti limit A il bl -4 50 5114 800 1- 5 Total Credit I.im Available Credit Clna 43 5 m t Gsfi Adwant# L '$2500 va a e $2500 $10700 6 $ 6 BOX SIOUX FALLS, SO stata?nant! Clg?sstl Data Amount Owvr rMH Ina oat but { PvrthlAev minimum Do* 57117 47/27/2105 V0.00 + 0.00 t 5161.29 Payy rents Credits S Adjustments 7/04 34108268 70AYME0N0TOOHANK YOU 0000 Purch/Adv Thru 06/27/2005 7/27 RCHAASSEES*FINANCE CHARGE*PERIODIC RATE 84 00 Introducing ThankYou Merchants(SM), a new benefit of ThankYou Network(SM) Get 1 to 10 bonus ThankYou Points (SSN) er 51 spent at 200+ participating merchanlis. or more details on how to reggister, please tog in at www.thankyouredemptions.com. ThankYou Redemptions Network Total ThaokYou Points 1,604 *0*•ThankYou Points Summary**** Previous Statement Point Total 1,6004 Oase Points Earned Total Points Earned This Period 0 Total ThankYou Points Available 1.604 Lifetime`ThankYou Points Earned 1,604 Bonus Points may take one to two billing cycles to appear on your statement. Please refer to the specific terns and conditions pertaining to the promotion for further details. Don't forget! Your Citi Card is the card that rewards you for all of your everyday purchases. Why use a card that doesn't give something back? See our website www.thankyouredetnptions.com or call 1-877-7-RE6EEM for more informationl MasterCard has extended coverage for the following benefits: Purchase Assurance, Extended Warranty, Travel Assistance Services and MasterRentai. For further information regarding these benefits, please call Customer Service. Want to receive your billing statement in Spanish? Prefiere recibir su estado de cuenta en Espanola Llamenas al 1-800-947-9100, o elija su idiotma de P ceferencia en www.citicards.com, modificando su erfii Personal en to section Administrar mi Cuenta. a 4t` No's floWnce $6334.43 Mlnlmum 0muamt Due 161.29 Amount -1T1.00 156.29 0000000000 PATRICIA A HOWARD 11 soN Oste Rost Oats tlshrancs Numhr ActlvltY SlI ;, 4est Stabr"a AmUnt Account Summary Previous + Purchases -Kpayments dit 5 C (+) FINANCE _) New CHARGE Balance &alange Advances re s PURCHASES ADVANCES $6,349.14 $0.00 .00 .00 ( 10 , $171.00 0.00 ;156.29 $6,334.43 $0.00 $0.00 TOTAL $6,349.14 .00 0 0 51 1.00 5156.29 $6,334.43 Days This 8611n Period: 30 a ante Subject to erra it Nominal ANNUAL Rate Summary FTnance Charge Rate APR PERCENTAtE RATE PURCHASES' Standard Purch $0.00 Purch/Adv thru 06127/2005 $6,287.90 ADVANCES Standard Adv 0.05477%(D) 19.990% 19.9901E 0.08285%(D) 30.240% 30.240% $0.00 0.05477%(D) 19.990% 19.990% 06/21/05 $6343.14 $155.41 SITE:KC-CL TM:CO-5000 ACID:RO81238 11/20/08 23:58:54: CITI CARDS PO BOX 183068 PATRICIA A HOWARD COLUMBUS, 'OH 162 E LOUTHER ST 43218-3068 CARLISLE PA 17013-3027000 Gina Platinum 5electe' Card Amount dumper 5424 1601 2286 9529 Customer Serv ca: 1-800-950 5114 Total Credit Line AVinatda ttadh Onf Cash AOVanef Limit Meltable CaSh Limit $10700 $4356 $2500 $2500 BOX 6500 SIOUX FALLS, SO 57117 Sbtunfnt1 CIgsirq Data 05/2612RQ5 Amount Over ndll Line 0.00 * Past Due 50.00 Purch/Adv Minimum Duf $155.41 5/05 C R5668246 5/01 5/01 *Y90XV30 S/26 5/26 Activity €A" Lint Stat*wArd Payrents Credits 'A Adjustments ELEC OR N C PAYMENT=THANK YOU TO 000 0 Standard Purch GIANT FOOD STORES #112 CARLISLE PA 61 DS542US 2222 PURCHASES*FINANCE CHARGE*PERIODIC RATE 84 0000 Balance Transfer - Charged To Offer 5 PURCHASES*FINANCE CHARGE,PERIODIC RATE 84 0000 Introducing ThankYou Merchants(SM), a new benefit of ThankYou Ketwork(SM3) Get 1 to 10 bonus ThankYou Points( M) er $1 spent at 200+• participating merchants. For more details an how 1o register, please log in at www.lbankyouredemptions.com. ThankYou Redemptions Network Total ThankYou Points 1,604 ***'ThankYou Points Summary*$** Previous Statement Point Total 1,594 Base Points Earned 10 Total Points Earned This Period 10 Total ThankYou Points Available 1,604 Lifetime ThankYou Points Earned 1,604 Bonus Points may take one to two billing cycles to appear on your statement. Please refer to the promot ontforrsfurther details pertaining to the Please note that payments must be received by 1:00 p.m., local time, on a bank business day at the payment processing facility that handles your paymentts, in order to be credited to your account as of that day, and payments must conform to the payment instructions set forth on the reverse side. All conforming payments received at the payment processing facility after that time will be credited as of the following bank business day. c tts Now ea,ence $6343.14 M101mum maunt Due ?I5S.41 -200.00 00000000000 10.00 55541865122 38.52 0000000000 111.89 0000000000 N U73 DEC 2 9 ZUU8 2 9 ?=-- ....._..... 12/26/05 $6331.82 $181.34 SiTE:KC-CL gqg' W, PATRICIA A HOWARD 162 E LOUTHER ST CARLISLE 17013-3027000 PA Citi4' Platinum Select" Card CITI CARDS PO BOX 183068 COLUMBUS, OH 43218-3068 5424 1801 2286 4524 Customer 8srvlce- 1-800-450-5114 Total Credit Line Available CredttLIM 4 Case Advance Limit $2500 $10700 $ 368 80X a500 Sioux FALLS, 50 Statement I Clesl Date 11 Amount Over relit Line Pest Due 0 57117 li/28/2 0 0,`00 + X0.0 TM:CO-5000 ACID:R081238 11/21)/08 23:58:54 i E ` fi: f 1 1 11 I if c 4i• Available Cash Limit New Balance $2500 $6331.82 Parch/ dv Minimum i inimum Pue Amont Duo 1181.34 4 = #181.34 Net Out* Retefeati MOMW ncunly enc. - ar.a..m. - - - - Pelyments Credits i Adjustments 159.00 11/07 34220054 70 0000 YOU - 0000 Purch/Adv Thrill 06/27/ZOOS 11/28 8 RCHASSEESOfINANCE CHARGE•PERIODIC RATE 00000000176.34 Introducing ThankYou Merchants(SM), a new benefit of ThankYou Network(SM). Get 1 to 10 bonus ThankYou Points(SM) per 1 spent at 200+ participating merchants. for more details on how to register. Please log to at www.thankyouredemptions.com. r«"Citi Card ThankYou Points Summary"' Activity This Period0 Base Points Earned 0 Total ThankYou Points Earned This Period Points Transferred to Your ThankYou Network Member Account 0 Lifetime Activity Total Base Paints Earned 1,604 Total ThankYou Points Earned 1,604 Go to thankyouredemptions .COm to review your ThankYou Point balance and redeem! Bonus Points may take one to two billing cycles to appear on your statement. Please refer to the specific terms and conditions pertaining to the promotion for further details. Log.on to www.thankyouredemptions.com where rewarding yourself has never been easier. You can review your ThankYOU Points balancer browse through the full redemptions collection, and redeem onlinel Don't forget! Your Citi Card is the card that rewards you for all of your everyday purchases with ThankYou Points. Why use a card that doesn t give something back? Visit anew. thankyouredemptions, com or tali 1-877-7-REDEEM for more information! The VIP Desk Concierge Service feature will be discontinued as of December 31, 2005. ThankYou Points(R) are transferred from your Card Account to your ThankYou(SM) Member Account at the close of each billing cycle. ThankYou Points are not eligible for redemption until they are transferred to your ThankYou Member Account. PATRICIA A HOWARD Sob Date Post We Reierenas Nwnber Admtr Since Last stotement Amount Save Time. Save Paper. Sign up for All Electronic. You'll have instant access to your statement online, without that pile of paper. Get an e-mail notice when our statement is ready. Register or sign-on to citicards.com and choose Manage My Account. Account Summary Previous + Balance 6 ases Advances ( Payments 6 Credits (+) FINANCE CHARGE a New Balance PURCHASES $6.3 2.73 0.00 $ $200.00 $1 0.41 $6,343.14 ADVANCES 10.00 1 0.00 $0.00 0.00 0 $0.00 $ 3 3 TOTAL $6,382.73 $10.00 $200.00 .41 51 4 6, .14 'lays This 81111rc Period: 29 Rate Summary Balance Skubjoct to Periodic 'omina. ANNUAL Finance Charge Rate APR_ PERC ENTAGE RATE Purch 11,616.84 0.08216%(D) 29.990% 29.990% 4,695.88 0.08216%(D) 29.990% 29.990% Adv $0.00 0.08216%(D) 29.990% 29.990% PATRICIA A HOWARD ast StatWmat Aewunt ?? SsM 4aU Post DaU Werenca Number Actwky S)-.. Help the victims of Hurricane Natri?ta. Donate your ThankYou Points(R) to the American Red Cross. 2,500 points = #25 donation; 5,000 a $50. Go to www.thankyounetwork.com, or call 1-877-?REDEEM today. You can make a difference! Pay your Citi credit card bill online anytime. It's easy secure and free. businessuday! Sign-onetoa?iitt cards-coin and select Makepa Payment . the same pos Want to receive your billing statement in Spanish? Prefiere recibir su estado de cuenta en Espanol? Llamenos al 1-800-947-9100 o eli'a su idioma de preferencia en www.citicards.com, modificando su IPerfil)Personal en la seccion Administrar mi Cuenta. Lifc,happens. But bills like this don't have to. Safeguard this account with Crod?t Protector! It gives you some financial breathing room when liTe-chanoing events interrupt your income or stress your budget, To enroll, call 1-866-247-1194. Never Put Your Credit Card Number Online Again. Virtual Account Numbers gives you a random number to use in place of your Citi card number for every online purchase -- it's easier than ever -- and free. Go to www.virtualaccountnumbers.citicards.com PURCHASE YOUR NEW RELOADABLE Liti Prepaid MasterCardt Use it for weekly or monthly expenses, allowances or for family far away. Visit www.citi.greendotonline.com or call 1-800.619-0901. Mention offer 03.265. Account Summary PURCHASES $6,314.48 0.00 $159.00 $176.34 $6,331.82 ADVANCES $0.00 a.00 $0.00 $0.00 $0.00 TOTAL $6,314.48 0.00 $159.00 $176.34 $6,331,82 Rata Summer natance ?ua?ecs cQ y Finance Charge Rate APR PERCENTAGE RATE SES and Purch $0.00 0.05477%(D) 19.990% 1.9.990% /Adv ru 06JZ7/2005 $6,294.06 0.08490%(D) 30.990% 30.990% and Ady $0.00 0.05477%(D) 19.990% 19.990x, Our File No.: 173 885 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC Plaintiff, VS. PATRICIA A HOWARD Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-5407 CERTIFICATION OF SERVICE I, Kimberly F. Scian, Esquire, attorney for Plaintiff, certify that on 2/19/2009, I mailed a copy of the Amended Complaint by Regular mail to GEOFFREY M BIRINGER, ESQUIRE 401 E LOUTHER ST STE 103 CARLISLE, PA 17013 Date: 2/19/2009 Our File No.: 173885 71 a d Y ? ; F7 LVNV FUNDING, LLC Plaintiff VS. PATRICIA A.HOWARD, Defendant : IN THE COURT OF COMMON :PLEAS, CUMBERLAND COUNTY : No: 08-5407 Civil Term CIVIL ACTION - LAW DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT Pursuant to Pa.R.C.P. No's 1017(a) and 1028, Defendant, Patricia A.Howard, by and through her attorneys, MidPenn Legal Services, preliminarily objects to Plaintiff's Complaint and moves for its dismissal as follows: I MOTION TO STRIKE/FAILURE OF PLEADING TO CONFORM TO LAW AND RULE OF COURT/DENIURRER 1. Plaintiff filed a Complaint demanding damages in the amount of $12,181.17 plus interest, fees and costs. 2. Defendant filed Preliminary Objections on September 22, 2008 3. Plaintiff filed an Amended Complaint on or about October 10,2008. 4. Defendant filed Preliminary Objections on February 2, 2009. 5. Plaintiff filed another Amended Complaint on or about February 23, 2009. 6. Defendant now files another set of Preliminary Objections. 7. Plaintiff alleges it is owed certain funds pursuant to an assignment, from the "original creditor," CITIBANK, to itself. 8. This assignment would form the very core of Plaintiff's standing to pursue this claim, but such writing has not been appended to the Complaint, nor its absence explained, as required by Pa.R.C.P.No. 10 19(h) and (i). 9. Plaintiff has also failed to attach to the Complaint any signed written contract between Defendant and the original Plaintiff or any assignee. Although this/these contracts would form the core of Plaintiff's case, such writing(s) have not been appended to the Complaint, nor their absence explained, as required by Pa.R.C.P. No. 1019(h) and (i) and No. 1028(a)(2) 10. Although Plaintiff avers that Defendant used a card account there is no description of products, goods or services which would form the basis for the Complaint, attached to the Complaint. 11. In addition, while Plaintiff claims in Paragraph 4 that Defendant has a balance due on the account, Plaintiff's monthly account statements fail to describe how account balances were arrived at, how payments were credited, or whether Defendant agreed at any point in time with Plaintiff' or the assignors determination of account balances. WHEREFORE, Defendant Davis demands the Plaintiff's Complaint be stricken without prejudice to the filing of an Amended Complaint. U. MOTION TO STRIKEANSUFFICIENT SPECIFICITY OF HEADING 12. Paragraph's 1-11 are incorporated herein by reference hereto. 13. As a whole, the Complaint is grossly vague and lacking in factual averments such that Defendant is without knowledge or information sufficient to form a meaningful response and prepare a defense. 14. The Complaint fails to provide any documentation or accounting, other than monthly statements, of goods allegedly received by Defendant, which would support Plaintiff's claim of damages, such as a calculation of charges, payments, and interest at any point in time, so that Defendant can properly formulate a response and assert any counterclaims. 15. Given the generality of Plaintiff's allegations and failure to attach any documentation to support its claim, the Complaint fails to satisfy the Pennsylvania Rules of Civil Procedure, Pa.R.C.P.No.1028(a)(3) and (4). WHEREFORE, Defendant Davis demands that Plaintiff's Complaint be stricken without prejudice to the filing by Plaintiff of an Amended Complaint. III. IMPROPER VERIFICATION 16 Paragraphs 1- 15 are incorporated herein by reference hereto. 17. The verification is signed by the attorney for the Plaintiff, but fails to set forth the source of the information or a reason why the verification is not made by the party. WHEREFORE, Defendant Howard demands that Plaintiff's Complaint be stricken without prejudice to the filing of an Amended Complaint. Date: MIDPENN LEGAL SERVICES By. Geoffrey M. iringer, Esquire 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Sup. Ct. ID #18040 CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing Defendant's Preliminary Objections to Plaintiff's Amended Complaint on this 5th day of March, 2009, by placing same in the United States mail, first class, postage prepaid, addressed as follows: Kimberly F. Scian, Esquire 520 Fellowship Road, C306 Mount Laurel, NJ 08054 By: Geoffrey M. Biringe?r Attorney for the Defendant 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 Fn f a' ' n ?n Our File No.: 173885 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 520 Fellowship Road C306 Mount Laurel; NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC c/o Apothaker & Associates, P.C 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. PATRICIA A HOWARD 162 E LOUTHER ST CARLISLE, PA 17013 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-5407 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 twenty (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 claims 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. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 Our File No.: 173885 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC c/o Apothaker & Associates, P.C. 520 Fellowship Road C306 Mount Laurel, NJ 08054 Plaintiff, VS. PATRICIA A HOWARD 162 E LOUTHER ST CARLISLE, PA 17013 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-5407 AMENDED COMPLAINT FIRST COUNT 1. Plaintiff, LVNV FUNDING, LLC, is a company with its principal place of business located at 15 South Main Street, Suite 500, Greenville, South Carolina 29601. 2. Defendant is PATRICIA A HOWARD, an adult individual residing at 162 E LOUTHER ST CARLISLE, PA 17013. 3. Defendant applied for and received a credit card from CITIBANK account number 5424180122869529. 4. Defendant used the credit card, account number 5424180122869529, and as of October 07, 2008 there was an outstanding balance due and owing in the amount of $12,181.17. 5. Plaintiff purchased this account and presently owns and holds this account. 6. When Plaintiff purchased this account there was an outstanding balance due and owing of $12,181.17. Attached hereto as Exhibit "A" are the Application and Statements and Bill of Sale. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $12,181.17 and requests this Court award Plaintiff attorney's fees and costs to the extent permitted by applicable law. APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff A Law Firm Engaged-in Debt Collection . Scian, Dated: 4/9/2009 Our File No.: 173885 VERIFICATION Jean Paul Torres hereby states that I am an authorized representative for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are true and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unsworn falsification to authorities. Jean Paul Torres Authorised Rotative for Plaintiff DATE: 4/6/2009 Our File No.: 173885 APOTHAKER & ASSOCIATES, P.C. BY: Kimberly F. Scian, Esquire Attorney I.D.#55140 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorneys for Plaintiff LVNV FUNDING, LLC Plaintiff, VS. PATRICIA A HOWARD Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-5407 CERTIFICATION OF SERVICE I, Kimberly F. Scian, Esquire, attorney for Plaintiff, certify that on 4/9/2009, I mailed a copy of the Amended Complaint by Regular mail to GEOFFREY M BIRINGER, ESQUIRE 401 E LOUTHER STREET SUITE 103 CARLISLE, PA 17013 Date: 4/9/2009 'mberly F. Sian, Esquire Attorney for Plaintiff Our File No.: 173885 SALE AND ASSIGNMENT Sherman Originator LLC ("Originator"), hereby transfers, sells, assigns, conveys, grants and delivers to LVNV Funding LLC ("Company")), in accordance with the provisions of the Sale Agreement dated as of April 29, 2005, between Originator and Company (the "Agreement"), the Receivable Assets (as defined in the Agreement' ) identified on the Receivable File dated 1/31108 that is hereby delivered to Company and accompanies this Sale and Assignment. Dated: January 31, 2008 SHERMAN ORIGINATOR LLC a Delaware limited Liability company By; Name: Les Gutierrez Title: Authorized Representative \\sha n fimcom\dfMCHA\dwed financial reportAAss gmew of Co11ateral\Purchases\S0LLC to LVM?U008\1.08\Assig=ent 84LLC to LVW f Wing_1.31.08.doc TIUS BILL OF SALE, ASSIGNhCW AND ASSUMC'MN AGRZ{MUM is dated as of January 18, 20D8, between Citt`bank (South Dakota), N.A., a national banking sssoci don organized under the laws of the United States, located A 701 Bast Goth Street North, Sioux Falls, SD 57117 (the "Bank") Sl nsn tkigina m LLC ("Buyen otgoized cinder the laws of the State of Delaware, with its hex RuartmawnciPoll place of business do Shipman C.alntal mx&eta LLC at 200 Mecting Street, Suits 206, C harlat+on, SC 29401. For value uxeived and subject to the tearnts and conditions of the Ihmchase ad Sale Age nt dated January 18, 2008, between Buyer and the Bank (tine "Agrocment"), the Bank does hmby transfer, sell, assign, convoy, grant, bargain, set over and deliver to Dtgw, and to Buyer's successors and assigns, the Accounts described in Sections 1.2 of the Ag ent. This Bill of Sale, Assignment and Assumption Agmement is executed without recoum and without representations or warranties including, without limitation, warranties as to coilocar'bility except as provided in the Agreement. Citibank (Sou a }, N.A. Sberman Originators LLC xoe ?.. Rya By (S' (Si Name- Name: C. Tide; Title:tytft?fttyt.- PATRICIA A HOWARD Sob 00* MtoN" Mim6w ActMh=Lwit Save Tice. Sant Pa er. Sign up for All Etectranip YGU011 have instan access toe#_ Your stnrail lent G?aMel ??itmmt that il* of poor. ??yy6?? Register e- n9tice stwon I* wpour 44tart is choose iia a My Account I* rwar.citicarddss.caw and d t PURCHASES ES TOTAL Rate 3oanmmy PURCHASES f}fandard Purch A0W11MCF3 Standard Adv $6.313.14 56.343.0104 11.604.54 4,109.09 $0.00 co R $11.00 $1? 00 $61:349.14 .000 $1600.0000 $166. 56,3409.1004 O:t000216V00), 0.09216%(D) 29.990% 29.9990% 29.990% 29.990% PATRICIA A HOWARD sw we Me DA, 9= SNOW M!k' C";= M 3o Tune. S ve P r. Sin up for All Electronic. Y u?li Aaite in tent *ccess !r? r statennt +?niia:, altAaat that p?la of paper. to as eer or i 4 tnca When ryic sta am"t is reedy' egistar s -a to cit1csrds.c00 and thaase MA40 My Account Aecow* Summary PS AM 5 .T3 f 0.lk! $z . $1 .41 56.343.11 TOO AA?L 562.7733 =10. :20Q.0000 SI .O41 jQi.A03.104 Rata Sumnmry =mwe mxwcr To finsrue Ch argo Pfribuc - Rate oen a ? PURCHASES APR PERC aT a ter Pesch 1 6".? ppgg?? ??{{)) 0.083 611tD) y?yp? 24.9401%i + lt0YA1NCES 4 % Standard Adv $0.00 0.08216%(0) 24.490% 29.990% i , 06/21/0'5 $6348.14 315S.41 SITE:KC-CL T11:C0-5000 ACID:RO81238 INRWM 11/20/08 23:58:54:. CiTI CARDS PATRICIA A HOWARD COLUMBUS. ON 162 E LOUTHER ST 43218.3068 CARLISLE PA 17018-3027000 Citio Platinum Select` Card +? V AVOW NW1 w S424 101 22" 9529 1. "M cMft Lhw kAftW t(* tLkW CaNr Mra?tR t laMt AvanaaM C40 LIpIN m&- BON 6500 310T00 $4356 82Jr. 5000 $2 Soo 3543.14 Bill? F , 05/tb 2 OS 0.00 + p0 ' 5.41 Sob ad* aw ftftne" mlwt?rtstrtNluat APO" 5/05 85666246 P;*pM C?T6 ?K Sis -200.00 jO 00000000000 5/01 5/01 *Y90Xy30 G r ?WeES #112 CARLISLE PA P 0.00 5/26 PURCRAS 1 E • INAMCE CMN*PER100IC RATE 5554186512 B.S2 84 00040 000000010 5/26 _g? N1RG E f3NAl?KE-CHA r86#'POERI?IC MTE 0 0000 00000000 0 introducing TbaakYoui? Me)r?chants(SM) a new benefit i iya' I nfiSeMSU) Got pe, 1Sios t at 200+ ban u t part c pat M mercAan s. For more details on how to r ee9ginter, phase log in at .th wwwankyauredamptians.t+ms. ThankYou Redemptions Network Total ThankYou Points 1,604 ****Thankyou Points Summary**** P revio s Statement Paint Total 1.594 u ? i rs: tp l Fo a s Eaarned This Period 10 l Th kY il bl t 60 P i t a an e 1, s Ava a 4 ou o n Lifetime Thank You Points Earned 11604 Bonus Points may take acre to two billing cas to Pl t t th t f ease re a emen er o app"r on your s . rtai1sinq to the oni t on d ur r deta ils. p oo forr fu r the Please note that ayments must be received by 1 00 l l f i d : p.m., oca t am. on a bank bus ness ay at the ?yywae? t processing facility that handles your paym4nts,nin order to be creel Ted to our account as o that day, and payments must conform to th t i t f th th t ti e paysiea s or e reverse rac oas se on side. All conrgrainq paYaent received at the f ili ill t th t i payment aces rig ac ty a er a me w t be ¢reair as of the following bank basiieriess day. PATRICIA A HOWARD Dow ovit Do* A•hr*?o? Nwli?r AgMft i * Wt =..rt Acoow t teary mw.j+. %Tj rursomw t =* tl r= 1-) new PUgCN1? ES S TO A $6;3 07 .07 0.00 0. $i : $1 1: 9 $6.312.73 M 1 1 T L $6.39# 00 $170 89 $1 6 .0 E . 3 .fmH Flnence Charge Rats /APR Ega g2'!`f' RAXE: PuAC4N??S T Standard Parch Off 5 j1.644.14 3 0.88149%(D) 0 29.740% 740% , er ADVANCES 34,696. 0 9140%(0) 0. 29.740% 740% 29 Standard Adv $8.00 0.09149%(0) 29.740% 29.740% 05/23/05 $6302.73 $160.04 SITE:KC-CL TM:CO-500'0 ACID:R081238 11/20/08 23:58:54: CITI CARDS PATRICIA A ii0NAR0 PO Sox 103068 COL Wt011S . ON 162 E LOUTHER ST 43210-3068 CARLISLE PA 17013-3027000 Cltr Platinum Selact~ Card $424 1601 2286 9529 1-SWOSS-6114 lox 65 o - 1WW CrNn Wo Avag N CtsIa Lbe cash A#awe Um ft AwI1Nq Cash Lbroa $10700 $4317 $ 500 $2500 x a $72117 FA1lt. 30 04 2 .. $ 05 0,00+ MOO + 160.0 Aft ba w 04* as. a.r . taK slarwst 4/05 14625514 PA is dlta i Adjustments 1'011 X 7a 0000 0000 4/27 d ? n PW 4 •PINI?NCE CHARGE*PERIODIC RATE 4/27 RCM ?#INANCE-CHARD RIODICeRATE 64 0000 ThankYou Redemptions Network Tonal Then kYou Points 1.594 *#**ThankYou Points Sry«0•• Previon Statement Po4at Total 1 594 , late PC ats E9read 0 i t PPe? n T otal y*EuEaaPOtsh Availabioe 1.59 Lifetime Tha ky i P E n ou o nts arned 1.594 Bonus Points may take one to two bitlin? cycles to a r on your statement. Pleaso refer to the specitic term and conditions pertaining to the promoton for further details. Don't forget! Your Citi Card is the card that rewards you for all of Mr yaryday purchases. S use a card that docs t give thing back? See our website thaskyoureds ons.com or cant 1-877-7-RE>?E ME !or more informatioa! Ever day families discover how valuable lsbean. Acal ci 1L- LAW - 824-th1659 toinsurancehearCatltOdetaihavetoday! Ci CM Now asHwa E6383.73 w t170.04 -1T0.38 04 0.19 L 4. SS Doi FILED-OTICE , OF THE pp i 1, , r)?4prTAp 209 APR 16 PH 1: 5 3 -JNTY P NSYLVAN LVNV FUNDING, LLC Plaintiff VS. PATRICIA A.HOWARD, Defendant : IN THE COURT OF COMMON :PLEAS, CUMBERLAND COUNTY : No: 08-5407 Civil Term :CIVIL ACTION - LAW DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT Pursuant to Pa.R.C.P. No's 1017(a) and 1028, Defendant, Patricia A.Howard, by and through her attorneys, MidPenn Legal Services, preliminarily objects to Plaintiff's Amended Complaint and moves for its dismissal as follows: 1. MOTION TO STRIKE/FAILURE OF PLEADING TO CONFORM TO LAW AND RULE OF COURT 1. Plaintiff filed a Complaint demanding damages in the amount of $12,181.17 plus interest, fees and costs on September 5, 2008. 2. Defendant filed Preliminary Objections on September 22, 2008 3. Plaintiff filed an Amended Complaint on or about October 10, 2008. 4. Defendant filed Preliminary Objections on or about February 2, 2009. 5. Plaintiff filed an Amended Complaint on February 19, 2009. 6. Defendant filed Preliminary Objections on March 5, 2009 7. Plaintiff filed an Amended Complaint on April 9, 2009, and Defendant files these Preliminary Objections. 8. Plaintiff alleges it is owed certain funds pursuant to an assignment, from the "original creditor," CITIBANK, to itself. 9. Plaintiff has also failed to attach to the Complaint any signed written contract between Defendant and the original Plaintiff or any assignee. Although this/these contracts would form the core of Plaintiff's case, such writing(s) have not been appended to the Complaint, nor their absence explained, as required by Pa.R.C.P. No.1019(h) and (i) and No. 1028 (a)(2) 10. Although Plaintiff avers that Defendant used the account for the purchase of products, goods, and services, no description of products, goods or services forming the basis for the Complaint were attached to the Complaint. 11. In addition, while Plaintiff claims in Paragraph 4 that Defendant has a balance due on the account, Plaintiff only attaches three billing statements on an account, which statements do not approximate the balance pled for in the complaint. WHEREFORE, Defendant Howard demands the Plaintiff's Complaint be stricken without prejudice to the filing of an Amended Complaint. II. MOTION TO STRIKEANSUFFICIENT SPECIFICITY OF PLEADING 12. Paragraph's 1-11 are incorporated herein by reference hereto. 13. As a whole, the Complaint is grossly vague and lacking in factual averments such that Defendant is without knowledge or information sufficient to form a meaningful response and prepare a defense. 14. The Complaint fails to provide any documentation or accounting of charges allegedly made by Defendant, save for a largely illegible acceptance form and some billing statements, which would support Plaintiff's claim of damages, such as a breakdown of charges, payments, and interest, so that Defendant can properly formulate a response and assert any counterclaims. 15. Given the generality of Plaintiff's allegations and failure to attach any documentation to support its claim, the Complaint fails to satisfy the Pennsylvania Rules of Civil Procedure, Pa.R.C.P.No.1028(a)(3) and (4). WHEREFORE, Defendant Howard demands that Plaintiff's Complaint be stricken without prejudice to the filing by Plaintiff of an Amended Complaint. Date: 4/27/2009 MIDPE ;B GAL SERVICES By: . Geoffrey ger, Esquire 401 E. Louther Street Carlisle, PA 17013 (717) 243-9400 Sup. Ct. ID #18040 CERTIFICATE OF SERVICE I, Geoffrey M. Biringer, being a member in good standing of the Bar of Pennsylvania, hereby certify that I served a true and correct copy of the foregoing Defendant's Preliminary Objections on this 27th day of April, 2009, by placing same in the United States mail, first class, postage prepaid, addressed as follows: Kimberly F. Scian, Esquire 520 Fellowship Road, C306 Mount Laurel, NJ 08054 By. ?, ? . Geoffrey M. Biringer Attorney for the Defendant 401 E. Louther Street Carlisle, PA 17013 (717)243-9400 Supreme Court ID#18040 FILED -CFT 0?1 17 THE 2699 A` 2 7 7 11 f M: 4'; w` ii{`t` Our File No.: 173885 APOTHAKER & ASSOCIATES, P.C. BYj. David J. Apothaker, Esquire Attorney I.D.# 38423 520 Fellowship Road C306 Mount Laurel, NJ 08054 (800) 672-0215 Attorney for Plaintiff LVNV FUNDING, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, VS. PATRICIA A HOWARD NO. 08-5407 Defendant. PRAECIPE TO DISMISS WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly dismiss this action without prejudice. APOTHAKER & ASS TES, P.C. Attorneys fo laint f A Law Firm Engage in Deb Collection By: David J. Apothaker, squire Dated: 4/27/2011 111111111111111111111 w G - -? mf rn ? -$ ? rr? ., s- e ? c) E, C y. .;?