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HomeMy WebLinkAbout10-5650FILED- OF'RCE,??f/, or P<. 'a;,J t:'1C T t<. ' 31 PM 3'. 33 CUMKR'L,VJ7 COUNTY PENNS'r1&VA€ A Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. IN THE COURT OF COMMON PLEAS 701 East 60th Street N Sioux Falls, SD 571 17 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. SALLY ANN GETHOUAS NO. ?b - S(o50 l?wil Tern 301 Enola Drive, Evola PA 17025 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 3 Telephone No. 717-249-3166 or 800-990-9108 -*qa,pp pD ATh/ C-35638 & C-35833 00 8130a 0 aN7s6J7 Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N Sioux Falls, SD 571 17 Plaintiff V. SALLY ANN GETHOUAS 301 Enola Drive, Evola PA 17025 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW Complaint 1. Plaintiff is Citibank (South Dakota), N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Sally Ann Gethouas, who resides at 301 Enola Drive, Evola, 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. Count I 4. Plaintiff furnished consumer credit to the defendant by means of a(n) Sears credit card with account number ending in 1340 hereinafter referred to as the credit card account. 5. Plaintiff kept accurate running records of all debits and credits to the account. 6. Plaintiff mailed to defendant monthly statements for the account including the billing statement attached hereto as Exhibit A. The monthly statements accurately stated the previous balance, the debits and credits to the account for the prior billing period. 7. Before plaintiff mailed Exhibit A, defendant had for many months made payments on account of the billing statement or retained the statement without payment. 8. Defendant's actions as set forth above constituted an account stated between parties for the sum of $2,921.62 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 on Count I for the sum of $2,921.62, and the costs of this action. Count II 9. Plaintiff furnished consumer credit to the defendant by means of a(n) Home Depot credit card with account number ending in 2191 hereinafter referred to as the credit card account. 10. Plaintiff kept accurate running records of all debits and credits to the account. 11. Plaintiff mailed to defendant monthly statements for the account including the billing statement attached hereto as Exhibit B. The monthly statements accurately stated the previous balance, the debits and credits to the account for the prior billing period. 12. Before plaintiff mailed Exhibit B, defendant had for many months made payments on account of the billing statement or retained the statement without payment. 13. Defendant's actions as set forth above constituted an account stated between parties for the sum of $3,045.01 which sum reflects the Exhibit B statement balance less credits, if any, which were applied subsequent to the date of Exhibit B. Wherefore, plaintiff demands judgment against defendant on Count 11 for the sum of $3,045.01, and the costs of this action. Burton The law firm of Burton Neil & Associates, P.C. is a de 'r , • Sears MasterCard' SALLY ANN GETHOUAS Account Num 340 Page 1 of 2 Your Account Summary Your Sears Choice Rewards Summary Previous Reward Points Balance Billing Cycle Closing Date 01128110 Reward Points Earned This Period Amount Over Credit Line $671.62 Adjustments to Reward Points Amount Past Due $699.12 Reward Points Redeemed This Period Current Minimum Due $139.27 Ending Reward Points Balance Total Minimum Due $1,510.01 P meal Due Dale Lf!4/1 Previous Balance $2,812.35 Payments & Credits $0.00 Purchasesrg& Debits $0.00 Other Cha $39. FINANCE CHARGES 570.27 Account Balance $2,921.62 n Your Credit Summary Total Credit Line $2,250.00 Available Credit Line $0.00 Cash Access Line $60.00 Available Cash $0.00 Activity We Date Post Data Deserrptlon Amount 01/25/10 01/25/10 LATE PAYMENT FEE 39.00 YOUR LATE FEE WAS BASED ON AN ACCOUNT BALANCE OF $2,812.35, WHICH WAS YOUR ACCOUNT BALANCE ON THE LATE FEE TRANSACTION DATE. YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST DUE IS SHOWN ABOVE. ARRANGEMENTS FOR FUTURE PAYMENTS SHOULD BE MADE IMMEDIATELY. Pleatw follow payment instructions on reverse side. Payment must be received by 5:00 p.m. local time on Payment Due Data. Sears MasterCard' Account Number. 4kVINOW 1340 par"ard Total Account SAIN cs D Date Mlr*nurn flue $2,921.62 02/24/10 $1,610.01 0096166 EX 19 1A 10028 1 TXS503 FVG 001 7 N SALLY ANN GETHOUAS 301 ENOLA DR EVOLA PA 17026 please make address correetkw a above. can us at 140(iw ?le Go to www.aaarsCwd.com write to us et PO Box 0282 Slows Falls, aD 57117 ?Encbssd Make check payable to SEARS CREDIT CARDS PO BOX 183082 COLUMBUS, OH 43218-3082 lulnhlllr?rl?llhlndll?ll?ulrlh?lllll?lu?lrll?rJlmlll?l 100 5121075074451340 0292162 0151001 0000000 1415 ?xHI81T„_,?_ Mmaion AboutYourAcmnk oraclepwwoohm mine.YouemoctalpwKdalmrnaOrangesonpidme, but not on bobirce tretwo and cash axes transaction (i avatrablry odiyour ewco rd . This scaled agroa period on purcMeea. Ya an yet a grass period d at lead 20 days. To do so, paylhe blowsy amount by the due date every briny cycle: Account Balance, less • any Deterred Indersst balances that oxpke alter the due date. kyoudonot,youwllnotgats racspedodunleasyou"Vi aboveamountby the due date br two Warp in aim. M addition, romotional offers rtrytae ttrsarecapenodonpunhhemolierpromotiondok-kin ddbon tops(erwd rartaftsts mayalsoallowyopruanb+tor?aovra?a epanodonpurcfasse eiter'ath?eanto,t?heWora, alofferwildevonbewhethsppons?duedeia.k Balonw sublIed to Farrar Chop. We use an average dally bolancemethod (mdrrdrmdrrdr' now transactions) to calculate periodic fhov chi". We do the bbrach balance. These baiurae nclydejormrample?re?ulor3sars aid cash purchases bsanatarhehre, oterd erregusrExlerthd padhaes. BaWtose =aces trsnsedions, and dtfkr promotional belances, as applicable to your account. (When we calculate periodic finance dangles, we treat each Deferred Interest transaction separately son 'dit heaths seme terms as anotrerD- rred Interact trureadion. ) We figure the periodicfinance charge bymultipy'?appthedaily balance by its a.s,,.mrrhMt=kdnihinform halsornthebihracAls.Togets daily basnoo. newmergers. vamenouneaae newcra pgrtenbardrralactierad?abrrarrte. credlbol.aes aabela zero. For, each balance, the Awrags Daiy Balance is the awrsgo of thr teelarucesdurirp the billrq cycle. t you nxdtcNthle figure for each balance dally periodic rate and by the number of dayslnnn the billing cycle, the result periodic finance charge on that be no*. Rounding may cause a a ULTheSssDateshownonlheAocourdStalomentsasotheTrensedion Date. AaaaralMendrorstMp Fee, Arriannual aembershipfeeis billed once ayear. The smountof thefaaappearsontreakkmW*onthefaeaWbd. ftwilrehmd this fee I you ndry teas tat you are dosing your account wlhn 30 days of the mailing adakvery dab of the statement onwhich the tee is billed. You will get the refund oven I you useyourcardduringthat period. Paaailly, AM The Pan* APR may be tippled to your account k you: (1) Makes lab :(2)GomwyoxaadtlmE4)Mskeapsyrnvnt# isroturned.or (4) Doo7ot ifhspreceding (I)through (3) on anotheraccount that you have with us. HowLa WIN% PRApoy?IpkrAPRaamincoraadbranydthese reesne, lha Plnelgr APR will aptly urdt yya?uu make 12 wrack utivve mimmsrm M mer to on time and do not do (1)thragn f3) above on any account you haw ue during that time period. The pan APR may and sooner in accordance with yourCardAgreement, oralrequiredbyapplicablelaw Bift RWO Suasruey InCa" of Errors erCluselimAboutYour6iN. If youthnkyour 611'awrong, or I you nood more inomation about a treraartion on your bill, writer us at the address lsled on the statement where It says *Write to us at.' Write rte a soon 0Possible. Wymsnthear from younolaterlhan60dipafter wesand youthe first bill on which to error or pmblem appeared, You an telephone us, but doing so will not Vow" your rights. In your letter, give ore the following infor avon: -Your name and exam number. -Tie dear amount of the suspected error. -Describe the a= and explain. if you can, why you belsw there is an error. 11-you need more information, describe the item you are unsure about. - please sign your letter. You do nit have to many amount in question while we are'=' ?aU?nq. B?uut you are cats obligated fo pay we ?nad? you to deirquueard on the disputed we unveetryete you q tern orbkeany action to coledtheamount you Question. Spnataf Rama for Cm*Cmd Panhaves wth I you have a problem with dogjaiily of goods orswNasthat you purchased a credit card, and you hove tried in good faith to correct the problem with the merchant may not haw to pay the remaining amount due on the goods or services, You howths pro%etiononlywhenthe pumhaeeyress moretneni"A and the purchase is made in your home state or within 100 mites of yoour marlrrgg address. (If w(ren oroperatethemerchat,orlwematadyoutheadwrtisenent for the property or services, all purchases are Covered regardless of amount or btatlDnd purchaes.) CrodNng recewe your paymem in proper form at our tr processing facility b7 5 m. local time thee. I we do, it will be crafted es of that day,Apaymentrya at thepiwe*gfacltynprapsrform after that time will be cradled ore of the next day. Allow 5 to 7 days br pa)rrrhsute by regular mat. to reach us. Thera mrtaayybe a dairy of upto 5 days in crediting a paymomwo rsooks thst is not in praperlorm or is not esnt to the correct address The correct address br a payment sent by regular mail is the address fleeted on the return envebps or on the from of the payment tarpon. A payment made in-store is rat sent to the oorWaddress. Thecorrect address fore payment sent by courier orvVessmail "a Express Payments Address shown bolow. Pro wForm. Furs payment sent by mail or wu*toben proper form, you must: . Eeeleseavalid chock ormoney order.Nocash. gift cards, orbreigncurrency ore, ehrde your name and account number on the front of your check or money order. N you rind an dole eaer wily ihk psymood co pok you aNholbe 0 to coveplow yawpay?satby alaetoaie ikbk N we des be chedriaq somunt wi16e deWMdln ON secant on the dredr. YW snag do this as soon as 1hs day win receive tha cheer. Aka, tla check ref l be destroyed. Caayfa. We chorgeS3 forewh copy of an account ekbmemthatdotes back3 mnn(In or more. Nk add the fee to the regular Seers purchase Wenca We wave thetse I your request forthe copy relates to a biting eraror disputed purchase. Pay?at Options 0OW Than Regular awl. . Odm Payments Viol www.SeersGard.can and sign up foronline psymanb. Enrolment may take stow days. N we rowiveyour request to male an online payment by 5 p.m, Eastern We, we will vWk your payment as of that day. If ors rocoW your request to make an onlinepsymant after that time, we will aedk)kwrpeymevdosdther eddayForascunl eneyrees o.youmaybeunable, to pay yourenthAccoumlBalance wkh yourfirstonline payment, • Pay by Phone Servics.Youmayusethis servicoanytirretomake apaymant by plane. YW wi be charged 1iU.35 to use the asrrrce. Cal 5 pm. Eabm time to havo yyoouur poynant credited as of that day If you call afar that time, yourpsymerdwill beaedled as of the nerddayWe may prooeesyourm-M asdmnaty of ter we verify your identity. • Fxpresa Payraenb You an aria payment by oourieror ergxeas mat !a the Flees Address: Payments Depertrreort,1500 Boltonfield Street, Cdumbus, H43228,Paymentmust bersoeivedinproperfomnattheproper address by 5 p.m. Eaekm time to be kxadted ore d that also, All oaymams me"inproperformalthepmWaddressafterthattime cred led as d the read day. Report a Lost or Stolen Card hemsdiaiaX You may cat Custom Service 24 hourea day, 7 daysa week. Aecoarat Issaied by Ckkbank (South Dakob), NA. 16037 EN Rev 01110 OIDF6057.3 -12110!M Now Add If your address has changed, please print any changes below. Name: Street Address: City( State, Zip: Phone: Sears Mastercarde SALLYANN GETHOUAS Account Number. XXXX XXXX XXXX 1340 Page 2 of 2 9staa Average 4 Daily Rates 'Rate Varies Balance Balance I Call us at 1-800-00-M!B Go to wwwM rWWd.oom Write to us at PO Box 8282 Sian We. 00 671174282 P me6t Due Date 02124110 Porlodla Rate pwkK c o.oq FINANCE MaMomh CHA GE SEARS REGULAR $499.71 $459.97 29.99%' .06216%(D)' $11.33 EXTERNAL REGULAR $2,421.91 $2.391.33 29.99%` .08216%(D)' $38.94 CASH ACCESS REGULAR $0.00 $0.00 29.99%• .06216%(D)` $0.00 Days in Billing Period: 30 ERecuve ANNUAL PERCENTAGE RATE: 29.99% Minimum FINANCE CHARGE: $0.00 Cardmember News Please see the enclosed privacy notice for important information. The Sale Date Is the Transaction Date. The 'Effective ANNUAL PERCENTAGE RATE' Includes all transaction and periodic finance charges imposed this billing period on all balances on which finance charges were imposed. If the 'Effective ANNUAL PERCENTAGE RATE' Is N/A, no finance charges (after adjustments) were Imposed this billing period. Finance charges may be accruing on promotional balances and may be billed to your account under the terns of the promotional offer. Refer to the corresponding APR for the APR that applies to each balance. Did you know? There may be a quick (and simple) way to bring your account up to date. Your tax refund can help make it happen. Many customers have resolved overdue amounts by using their tax refund money. It's simple and convenient. If you're not expecting a refund, we may have payment options available. Call today, and together, we'll comfy up with a solution that Is right for you. 1-866-651-0486 IV Account Statemen Send Notice of Billing Errors and Customer Service: Mailed payments must be Customer Service Inquiries to: myhomedepotaccount.oom received by 5:00 p.m. HOME DEPOT CREDIT SERVICES Account: Central Time 6, A CCOUnt' 191 FEBRUARY Z6, 2010 PO BOX 653000, DALLAS TX 75265-3000 Closing Date Next Closing Date Credit Line Credit Available Payment Due Date Minimum Payment Due JANUARY 29, 2010 FEBRUARY 26, 2010 $0.00 $0.00 FEBRUARY 26, 2010 $689.00 Opening Balance Payments & Credits Purchases/Other Charges FINANCE CHARGES New Balance Revolving Balancet $2,932.76 $0.00 $39.00 $73.25 - $3,045.01 Promotion Balance $0.00 $0.00 + $0.00 + $0.00 $0.00 Total Balance $2,932.76 $0.00 $39.00 $73.25 $3,045.01 t Revolving Balance includes non-promotional transactions plus Promotions that have expired. CURRENT ACTIV1TY Transaction Date Location/Transactions Amount We may be able to temporarily reduce your monthly payment and finance charge. Our Account Resolution Specialists are available to provide assistance. Please contact us at 1-866-752-0874, visit us online at myhomedeDOtaccount.com, or go to your local The Home Depot store. Your late fee was based on an account balance of $2,932.76, which was your account balance on the late fee transaction date. SEE BACK OF STATEMENT FOR INFORMATION ON GRACE PERIOD AND PROMOTIONAL OFFERS. 01/27 01129 Z Z Z 8z i Z' ?Z _. Z Z ZI Z Z I Z Z z z LATE FEE 'BILLED FINANCE CHARGES' 39.00 73.25 ANNUAL PERCENTAGE RATE on the account: 29.99%•• " The "ANNUAL PERCENTAGE RATE on the account" includes all transaction and periodic finance charges imposed this billing period on all balances on which finance charges were imposed. Finance charges may be accruing on promotional balances and may be billed to your account under the terms of the promotional offer. Refer to the corresponding APR for the APR that applies to each balance. FINANCE CHARGE SUMMARY Balance Corresponding Days in Periodic Other Subject to Daily ANNUAL Billing FINANCE FINANCE Finance Charge Periodic Rate PERCENTAGE RATE Period CHARGES CHARGES Current Billing Period REGULAR REVOLVE CREDIT PLAN $2,971.86 0.08216% (M) 29.99% 30 $73.25 - .: ,.. your &a refund c n help make, ft happ erl. Q '• = Many customers have resolved overdue amounts by using their tax refund money. It's simple and convenient. If you're not expecting a refund, we may have payment options available. Gall 1-866-518-6159 today! We have payment options and plans that you may not be aware of. So It's Important for you to ca today. This Account Issued by Citibank (South Dakota), N.A. Page 1 of 2 ?`1Ya ------------------------------------------------------------------------------. T Please detach here. Amount Minimum Your Account Number 1 New Balance 1 1 Payment Due Date Past Due Payment Due 191 $3,045.01 FEBRUARY 26, 2010 $546.00 $689.00 Make Checks Payable to: HOME DEPOT CREDIT SERVICES 6035320285822191030450100091000068900109 KBAVH01 1 1/29/10 176179 A III'llll111111111"III'llllll1111111"11'1111111111111"11111'1'1 10 SALLY A GETHOUAS 301 N ENOLA DR ENOLA, PA 17025-2217 Print address changes above in blue or black ink. Amount Enclosed HOME DEPOT CREDIT SERVICES PROCESSING CENTER DES MOINES, IA 50364-0500 tllu1i1111111111111111111111'1'IIII'llllllltllnllllnll1111'lll EXHIBIT ,??,j..?,..? ?¦ hformation About Your Account • YOUR ACCOUNT IS ISSUED BY CITIBANK (SOUTH DAKOTA), N.A. • BALANCE SUBJECT TQ FINANCE CHARGE TWO-CYCLE AVERAGE DAILY BALANCE (INCLUDING NEW TRANSACTIONS)-Method C. If the periodic rate listed in the Finance Charge Summary Section of this statement is followed by a "C", we figure a portion of the finance charge on your account each day by multiplying the dairy balance for each balance (e.g, each purchase subject to promotional terms, other regular revolve credit plan purchases and other major pur- chase plan purchases) by the applicable daily periodic rate. We do this each day of the billing period, includ- ing the Closing Date. In addition, for each balance, we multiply the daily balance for each day of the previ- ous billing period by the applicable daily periodic rate, unless your account was credited for the amount required to get the grace period on purchases (described below in the section entitled the Grace Period on Purchases) or a periodic finance charge was already billed on that balance. to gel the daily balance, we lake the beginning balance for each balance every day, add any new purchases, fees, and any finance charge on the previous day's balance, subtract any credits or payments credited as of that day, and make other adjust- ments. A credit balance is treated as a balance of zero. The Balances Subject to Finance Charge are the aver- ages of the respective daily balances during the applicable billing periods. If you multiply the current cycle Balance Subject to Finance Charge by the number of days in the billing period and by the applicable daily periodic rate, and you multiply the previous cycle Balance Subject ?o Finance Charge (if currently subject to a finance charge) by the number of days in that billing period and by the applicable daily periodic rate, and add those two figures together, the result will be the periodic finance charges assessed for that balance, except for minor variations caused by rounding. AVERAGE DAILY BALANCE ONCLtODING NEW TRANSACTIONS)-Method H. If the periodic rate listed in the Finance Charge Summary Section of this statement is followed by a "H", we figure a portion of the finance charge on your account each day by multiplying the daily balance for each balance ife.gi each purchase sub- ject to promotional terms, other regular revolve credit plan purchases and other major purchase plan pur- chases) by the applicable daily periodic rate. We do [his each day of the billing period, including the Closing Dale. to gel the daily balance, we lake the beginning balance for each balance every day, add any new pur- chases and any finance charge on the previous day's balance, subtract any credits or payments credited as of that day, and make other adjustments. A credit balance is treated as a balance of zero. The Balances Subject to Finance Charge are the averages of the respective daily balances during the billing period. If you multiply this figure for each balance by the number of days in the billing period and by the applicable daily periodic rate, the result will be the periodic finance charges assessed for that balance, except for minorvari- ations caused by rounding. AVERAGE DAILY BALANCE (INCLUDING NEW TRANSACTIONS}Method 1. If the periodic rate listed in the Finance Charge Summary Section of this statement is followed by an "I", we use the following calculation method. To get the Balance Subject to Finance Charge for each balance (e.g., each purchase subject to pro- motional terms, other regular revolve credit plan purchases and other major purchase plan purchases) we take the beginning balance for that balance every day (including finance charges imposed in previous billing periods), add any new purchases, subtract any credits or payments credited as of that day, and make other adjustments. A credit balance is treated as a balance of zero. This gives us the daily balance. We add up all the daily balances for the billing period (including the balances on the Closing Dale) and divide by the total number of days in the billing period. This gives us the Balance Subject to Finance Charge for that balance. We figure a portion of your finance charge on transactions subject to this calculation method by multiply- ing the applicable monthly periodic rate for that balance by the Balance Subject to Finance Charge (includ- ing new transactions). AVERAGE DAILY BALANCE (EXCLUDING NEW TRANSACTIONS)-Method K. If the periodic rate listed in the Finance Charge Summary Section of this statement is followed by a "k", we use the following calculation method. To get the Balance Subject to Finance Charge for each balance (e g.. each purchase subject to pro- motional terms, other regular revolve credit plan purchases and other major purchase plan purchases) we take the beginning balance for that balance every day and subtract any credits or payments credited as of that day and any unpaid finance charges. We do not add in any new purchases. A credit balance is treated as a balance of zero. This gives us the daily balance. We add up all the daily balances for the billing period (including the balanceson the Closing Dale)and divide by the total number of days in the billing period. I his gives us the Balance Subject to finance Charge for that balance We figure a portion of your linance charge on transactions subject to this calculation method by multiplying the applicable monthly periodic rate for that balance by the Balance Subject to Finance Charge (excluding new transactions). AVERAGE DAILY BALANCE (INCLUDING NEW TRANSACTIONS)-Method L. If the periodic rate listed in the Finance Charge Summary Section of this statement is followed by an "L", we use the following calculation method. To get the Balance Subject to Finance Charge for each balance (e.g., each purchase subject to pro- motional terms, other regular revolve credit plan purchases and other major purchase plan purchases) we take the beginning balance for that balance every day, add any new purchases, and subtract any credits or payments credited as of that day and any unpaid finance charges. A credit balance is treated as a balance of zero. This gives us the daily balance. We add up all the daily balances for the billing period (including the balances on the Closing Date) and divide by the total number of days in the billing period. This gives us the Balance Subject to finance Charge for that balance. We figure a portion of your finance charge on transac- tions subject to this calculation method by multiplying the applicable monthly periodic rate for that balance by the Balance Subject to Finance Charge (including new transactions). AVERAGE DAILY BALANCE (INCLUDING NEW TRANSACTIONS)-Method M. II the periodic rate listed in the Finance Charge Summary of this statement followed by an "li we use the following calculation method. We calculate periodic finance charges sep:4eiyforeach balanctBalances include regular purchases and different promotional balances. To get a daily balance, we start with the balance as of the end of the previ- ous day. We add any periodic finance charge on the previous days balance. (This results in daily compound- ing of finance charges.) We add any new charges. We then subtract any new credits or payments and make other adjustments. A credit balance is treated as a balance of zero. We figure the periodic finance charge by multiplying the daily balance by its daily periodic rate. We do this for each day in the billing period. The Balance Subject to Finance Charge is the average of the daily balances during the billing period. If you mul- tiply this figure for each balance by its daily periodic rate and by the number of days in the billing period, the result is the total periodic linance charge on that balance. Hounding may cause a small difference. PROMOTIONS. We may offer you promotional terms for all or a part of arty balances. Any promotional terms may apply Ior a limited period of time they will be governed by the terms of the promotional olfer and your Card Agreement. they may include the No Interest, 0%, and tqual Payment Plan offers described below. Your promotional terms may end if you default under the Card Agreement because you do not make the minimum payment when due, go over the credit line, or make a payment to us that is not honored. • No Interest No finance charges will be imposed on this balance if you pay the balance in full by the end of the promotional period. We will impose finance charges on this balance if you do not pay the bal- ance in full by the end of the promotional period or the promotional terms are terminated. We will impose these finance charges from the date of purchase until the balance is paid in full. The promotion- al offer will specify the amount of any minimum payment required on this balance. • 0%. No finance charges are imposed on this balance during the promotional period. The promotional offer will specify the amount of any minimum payment required on this balance. • Equal Payment Plan. This balance will be repaid in equal minimum payments. The promotional offer will specify the amount of the minimum payment required on this balance. CLOSING DATE. At our discretion, this statement may include charges, fees, and payments on the Closing Date. GRACE PERIOD ON PURCHASES. You can avoid periodic finance charges on purchases. Ihis is called a grace period on purchases. The grace period is at least 20 days. To get the grace period on purchases, pay the follow- ing amounts by the due date every billing period: • the New Balance, less any No Interest, 0% and Equal Payment Plan balances that expire after the pay- ment due date, plus • the minimum monthly payments required for your No Interest, D%, and Equal Payment Plan balances that expire alter the payment due date. II you do not, you will not get a grace period unless you pay the above amounts by the due date for two billing periods in a row. In addition, certain promotional offers may lake away the grace period on purchases. Other promotional offers, in addition to No Interest, 0% and Equal Payment Plan oilers, may also allow you to have a grace period on pur- chases without having to pay all or a portion of the promotional balance by the due date. If either is the case, the promotional offer will describe what happens. BILLING RIGHTS SUMMARY. In Case of Errors or Oaestions About Your Bill. If you think your bill is wrong, or if you need more information about a transaction on your bill, write us at the Billing Errors address on this statement as soon as possible. We most hear from you no later than 50 days after we send you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information- • Your name and account number. • The dollar amount of the suspected error. • Describe the error and explain, if you can, why you believe there is an error. II you need more information, describe the item you are unsure about. Please be sure all correspondence issigned by the primary cardholder. You do not have to pay any amount in question while we are investigating. But you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot report you as delin- quent on the disputed item or take any action to collect the amount you question. Special Ruk for Credit C'u'd Purchases. f you have a problem with the quality of goods or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. You have this protection only when maili g than $50 and the purchase is made in your home state or within 100 miles of your the purchase price is more n address. {If we own or operate the merchant, or If vre mailed you the advertisement for the property or services, all purchases are covered regardless of amount or location of purchase.) FINANCE CHARGES accrue from the date of purchase at the regular purchase rate in effect from time to time and all accrued FINANCE CHARGES will be added to your Account for the entire promotional period if qualifying purchases (including premiums for optional credit insurance) are not paid in full before the end of the promotional period or if you fail to make any required payment on your Account when due or make a payment to us that is not honored. See below for more details. "With credit approval for qualifying purchases made on The Home Depot or EXPO Design Center Consumer credit Cara. for accounts in gooo slancing, Arr6 Up rU [0.7779. ueI ou IL Arn uN W &-7YV. Minimum FINANCE CHARGE: $2. Lower rates may apply. See card agreement for details including when the default rate applies. Oiler is only valid for consumer accounts and is subject to change without notice. IMPORTANT PAYMENT INSTRUCTIONS. Crediting Payments. We must receive your mailed payment in proper form at our processing facility by 5 p.m. local time there. If we do, it will be credited as of that day. (Please refer to the top right hand corner on the Iront of your statement for processing, facility time zone.) A payment received at the processing facility in proper form alter that time will be credited as of the next day. Allow 5 to 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or is not sent to the correct address. The correct address for a payment sent by regular mail is the address listed on the return envelope or on the front of the payment coupon. A payment made in-store is not sent to the correct address. The correct address for a payment sent by courier or express mail is the Express Payments Address shown below. Proper Form. For a payment sent by mail or courier to be in proper form, you must: • Enclose a valid check or money order made payable to Home Depot Credit Services. No cash, gift cards, or foreign currency please. • Include your name and account number on the Iront of your check or money order. If you send an eligible check with this payment coupon, you authorize us to complete your payment by electronic debit. N we do, the checking account will be debited in the amount on the check. We may do this as soon as the day we receive the check. Also, the check will be destroyed. Copy Fee. We charge S5 for each copy of a billing statement that dates back 3 months or more. We add the fee to a balance of our choosing. We reserve the right to add this fee to balances subject to a higher annual percentage rate. We waive the fee if your request for the copy relates to a billing error or disputed purchase. PAYMENT OPTIONS OTHER THAN REGULAR MAIL. • Online Payments. Visit myhomedepotaccount.com and sign up for free online payments. Enrollment may take a few days. If we receive your request to make an online payment by 5 p.m. Eastern time, we will credit your payment as of that day and it will post within three business days. If we receive your request to make an online payment after that time, we will credit your payment as of the next day and it will post within three business days. For security reasons, you may be unable to pay your entire New Balance with your first online payment. • Pay by Phone Service. You may use this service any time to make a payment by phone, if your account is eligible. You will be charged $14.95 to use this service. Call by 5 p.m Eastern time to have your payment credited as of that day and posted within three business days. If you call after that time, your payment will be credited as of the next day and posted within three business days. We may process your payment electronically after we verify your identity. • Express Payments. You can send payment by courier or express mail to the Express Payments Address: Customer Service Center, Attention: Payment Mail Opening, 8725 W. Sahara Ave, Las Vegas, NV 89117. Payment must be received in proper form at the proper address by 5 p.m. Pacific time to be credited as of that day. All payments received in proper form at the proper address after that time will be credited as of the next day. • In Store Payments. for your added convenience, payments can be made at the Home Depot' stores with no service fee Payments made at the store prior to the store closing time will be posted to your account as of that day but availability may be subject to verification of funds. REPORT A LOST OR STOLEN CARD IMMEDIATELY. You may call Customer Service 24 hours a day, 7 days a week. Page 2 of 2 The Home Depot Consumer HD 0309A Or Verification I, Mark Molinario , am employed by Citicorp Credit Services, Inc. (USA) (hereafter CCSI), a subsidiary of plaintiff, Citibank (South Dakota), N.A. CCSI is a service provider for plaintiff in that it services credit card accounts owned by plaintiff. I am authorized to make this verification on behalf of plaintiff. The statements of facts set forth in the complaint are true and correct upon my information and belief and are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. ?lr'17N' f Signature C-35638 and C-35833 Sally Ann Gethouas Account numbers ending in 1340 and 2191 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Citibank (South Dakota) N.A. vs. Sally Ann Gethouas ????t? 01 C tnnlyer/??4 FILED-OFFICE O T;__5}E P!"OTHO OTARY 2010 SrEF' 21 AM 9: 11 4.r' PS a €.VANIA Case Number 2010-5650 SHERIFF'S RETURN OF SERVICE 09/16/2010 08:27 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on September 16, 2010 at 2027 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sally Ann Gethouas, by making known unto Dora Gethouas, Mother of defendant at 301 N. Enola Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. MIC AEL BARRICK, UTY SHERIFF COST: $41.50 September 17, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ;rj GoritySuite Shenff. Teieo=oft, Inc. . -..- ~' CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff v. SALLY ANN GETHOUAS 301 Enola Drive Evola PA 17025 Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~ N ~_ ~_ -°F.l _.:m. ~ _~„ NO. 10-5650 CNIL TERM ~;,.: rrt ~:F F v~: ~ -:- ~-- .~~ ~" CIVIL ACTION -LAW ~ ~ s - Praecipe for Default Judgment ~ ~ Please enter judgment by default for want of an answer in the abave case in favor of the plaintiff and against the defendant, and assess damages as follows: Principal I: Principal II: TOTAL $2,921.62 $3,045.01 $5,966.63 c~ -,~ ~-r~ -- ~m ~~ .~ ° --a o -,-~ o --r-~ o~ -~ Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment debtor and creditor. 2. The annexed notice of intention to file this praecipe was mailed to all parties against whom judgment is to be entered and to their record attorneys, if any, after the default occurred, and at least ten days prior to the date of the filing of this praecipe. 3 . Pursuant to Section 201(b)(1)(A) of the Servicemembers Civil Relief Act of 2003 (SCRA), the defendant is not in the military service of the United States based on information received from the defendant and/or the Department of Defense websiy~-1 JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN UNDER PA.R.CIV.P. 236 Pro Pr6thonotary l~/r/~o The law firm of Burton Neil & Associates is a debt collector. C-35638 C. Yal .Weinstein, Esquire Att ey for Plaintiff I.D. O. 89678 106 Andrew Drive, Suite 170 West Chester, PA 19380 X14.00 PA Al's ~~ 8~0~9 ~,~ a~o5~3 ~lo~hce I~c~~ ._..... ti.-.,.. ..~..~~.~.~- - - - - ~-- . ~ ~. CITIBANK (SOUTH DAKOTA), N.A. : IN THE COURT OF COMMON PLEAS C-35833 Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 10-5650 C1V1L TERM SALLY A GETHOUAS Defendant : CNIL ACTION -LAW TO: Sally A Gethouas 301 North Enola Drive Enola PA 170252217 DATE OF NOTICE: October 13, 2010 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10} days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your lawyer at once. if you do not have a lawyer go to or telephone the office below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a 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 In making this communication, we advise our office is a debt collector. Burton Nei~l'& ~ssoFlates. P.C. Yule D. W stein,~uire Attorney Plaintiff Identifi ion No. 8967$ 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610} 696-2120 ~ M Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. $9678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff v. SALLY ANN GETHOUAS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-5650 CNIL TERM CIVIL ACTION -LAW Rule of Civil Procedure N0.236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on_ l~~~n Prothonotary By: Deputy If you have any questions concerning the above, please contact: Yale D. Weinstein, Esquire Attorney for Party Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610-696-2120 The law firm of Burton Neil & Associates is a debt collector.