Loading...
HomeMy WebLinkAbout10-7805t- ~C#D f1EC 20 P,~ 3: ~ ~ - ~UrlSERIA~~ ~~4~~,# , ~'FP~t~S YLV,'~~##;~ ~'+ Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. N0.202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GERALD M COLEMAN NO. ~ ~ -~ 0 49 Old Stonehouse Road, Carlisle PA 17015-9798 Defendant CIVII, ACTION -LAW Complaint -Notice You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court. your defenses or objections to the claim set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-31.66 or 800-990-9108 C-42987 ~` ~a i~y$ c~~$~~ Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. N0.202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ - I GERALD M COLEMAN ~Q -- ~~05 C!v~ 49 Old Stonehouse Road, Carlisle PA 17015 Defendant CIVIL ACTION -~ LAW Complaint 1. Plaintiff is Citibank (South Dakota), N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Gerald M Coleman, who resides at 49 Old Stonehouse Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff is a national banking association, engaged in various types of banking business including consumer lending through the issuance of credit cards. 4. Plaintiff furnished consumer credit to the defendant by means of a(n) THE HOME DEPOT credit card with account number ending in 4675 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 $4,146.14 which sum reflects the F,xhibit A statement balance less credits, if any, which were applied subsequent to the date of Exhibit A. Wherefore, plaintiff demands judgment against defendant for the sum of $4,146.14, and the costs of this action. Burton~TelQ`~Associates, P.C. By: Dei~~:~C;;~7~sker, Esquire Attorney for aintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. + ~ ~ / ~~~ ~ Account Statement Send Notice of Billing Errors an Customer Service: Customer Service Inquiries to: myhOmadepotaccouM.COm HOME DEPOT CREDIT SERVICES or 1-886-458-76~i ~ Po sox 663000, DALLAS TX 75265-3000 Account Number. 75 ~'$ Z c8 Z ~Z m Z ~Z Z ~Z of $Z Z ~~ Z Z Z Z z Summa of Account Activi Previous Balance $4,013.75 Pa menu -$0.00 Other Credits -$0,00 Purchases +$0.00 Fees Charged +639.00 Interest Charged +693.39 New Balance Past Due Amount $4,146.14 $1,104.00 Credit Limit $0.00 Available Credit $0.00 Statement Closing Date 02/18/2010 Next Statement Closing Date 03/22/2010 Da s in Billin C cle 28 Mailod payments must be received by 5:00 PM at the Payment Information address for payments try the paymem due date. New Balance $4,146.14 Minimum Payment Due $1,278.00 Payment Due Date March 18, 2010 late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee up to $39.00. Minimum Payment Warning: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: r ~ _ t ,s ,. n 1~` .. _. Only the minimum payment 22 years $10,674 $176 3 years $6,335 (Savings=$4, 339) It you would Nke Informatbn about crawl counse~g servk:es, call 1-877-337-8188. To avoid interest charges pay 54,148.14, plus any promotions ~ SAVE STAMPS, Register now for Paperless expiring this period, by 03/16/10 (residual Interest may apply). TIME... Statements and more at AND TREES! myhomedepotaccount.com Your late fes was based on an account balance of $4,013.75, which was your account balance on the late fee transaction date. TRANSACTIONS Trans Dats DescHptbn Reference # Amount FEES 02!18 LATE FEE _ $ 39.00 TOTAL FEES FOR THIS PERIOD 39.00 Your month>iy ~ There are a number of changes to your monthly credit card statement. biiln~ statrr~rtl>rent These changes will provide you with all the information about your account now gives ~ (Payments, charges, tees, interest, due dates- everything!) in ane place. Please see page 4 for additional information. yolu moire; ~ NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Pags 1 of 4 Thls Account Is Issued by Cftlbank (South Dakota), N.A. T Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records. 'P Your Account Number New Balance Payment Due Data Past Due Amount 4675 $4,146.14 MARCH 18, 2010 $1,104.00 Make Checks Payable to: HOME DEPOT CREDIT SERVICES KBAVHDI 22/18/10 227 A O N 11111111111111'11111'11111'lll'I'I'nnlllllllllll1111111"1111'1 ~ GERALD M COLEMAN 49 Old STONEHOUSE RD S CARLISLE, PA 1 70 1 5-9798 Print address changes above in blue or black ink. Minimum Amount Payment Due Enclosed $1,278.00 $ Starting Fsbtvary 22, Z010~ minimum monthly paymsnb an rpulred on new promotional purchases. HOME DEPOT CREDIT SERVICES PROCESSING CENTER DES MOINES, IA 503640500 III"II'I'IIItI 11111111111111'I'llll'l ll 11111 llllllllll 111 ll 11111 ~~~ ! ~ I T -~k-' Infornlatlon About Your Account • YOUR ACCOUNT IS ISSUED VY CITIfLAN[ (SOUTH DANOTA), N.A. • VALANCE SUV,IECT TO FINANCE CHARGE - 11M0-CYCLE AY[RAGE DAILY BALANCE (NCWDING NEVI TAANSACTIONSI-Method C. If the periodic rate listed in the Finance Lharge Summary Sed'ron of this statement is followed by a "L", we figure a portion of the finance charge on your account each day by multiplying the dairy balance for each balance (e.q. each purchase subject to promotional terms, dher regular revolve credit plan purchases and other major pur- chaseplan purdrasesl by the applicable daily periodic tale We do this each day d the billing period, inclutl- ing the Coring Date. In addilion,lor each balance, we multiply the daily balance for each day of the previ- orn billing period by the applicable daily periodk rate, unless your account was credRed for the amount required to gel the grace period on purchases (described below in the section entitled the Grace Period on Purchases) or a periodic finance charge was akeady billed on that baance. Io gel the daily balance, we lake the beginning babnce for each balance every day, atlU any new purchases, fees, and any finance charge on the previous day's halante, subtract am cred'As or payments creriled as of That day, and make other adjust- ments. Acredit 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. II you multiply the Current cycle Balance Subject to Finance Charge hY the number of days in the billing period and by the applicable daily periodic rate, and you multipy the previous cycle Balanre Subject to Finance Charge (if currently subject to a linante dlarge) try the number of days in that billing period and by the applkabk dairy pedodlc rate, and add those two ligures together, the result will be the periodk finance charges assessed for that balance, except for minor variations caused by rounding - AVERAGE DAILY VALANCE ONCLlN11N6 MEW TRANSACTI)NS)-Method N. It the periodic rate listed in the finance Charge Summary Section of this statement is folowed by a "H", we figure a portion of the finance charge on your account each day by multiplying the daily balance for each balance (e.q., each purchase wb- jed to Dromolional terms, other regular revove credit plan purchases antl other major purchase plan pur- chases) by the applicede daily periodic rate We do Ibis each day of the billing period, including the Closing Date. la gel the daily balance, we lake the beginning balance for each balance every day, add any new pur- chasesand arty finance charge on the previous day's balance, wbtrad arty 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 biking period. If ,~ multiply this figure fa each balance by the numberof days in the billing period and by the applkaWe daily periodic rate, the result will be the periodic finance chargesassessed forthat balance, except forminorvari- ations roused Wroundin~ - AVERAGE DAILY VALIUICE {INCLUDING NEVI TRANSACTpNS}Method E If the periodic rate listed in the Finance Charge Summary Section of this statement is idlowed by an "I•, we use the following calculation method. To get the Balance Subject to Finarxe Charge for each balance (e.g., each purchase subject to pro- motional terms, other reguar revolve credit plan purchases ant direr major purchase plan purchases) we lake the beginning balance tar that balance every day (intludinq finance charges imposed in previous billing periods), add any new purchases, subtract any credits or payments credited as of that day, and make other adjuslmenls. A credit balance is healed as a balance of zero. Ibis 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 btal number of days in the Villing period. This gives us the Balance Subject to Finance Charge for that balance. We figure a portion of your finance charge an transactions subject to this cakulalion method by multiply- ing the applicable monthly periodic role for that balance by the Balance subject to finance Cflarge (includ- ing new transactions). - AVERAGE DAILY BALANCE (E1tClADING NEN TRANSACTIONS)-Methel K. li the periodk rate listed in the Finance Charge Summary Section of this statement is folowed bS' a "K", we use the following calculation method. To get the Balance Subject to Finance Charge for each balance (e.Q_ each purchase subject to pro- motional ternx, other regular revolve credit plan purchases and other mayor purchase plan purchases) vre take the beginnng balance for that balance every day and subtract any credits or payments credited as of that day and arty unpaid finance charges. Yre tlo not add in any new purchases. A aedit balance is treated as a balance of zero. This gives us the daily balance. We add up all the daily Valances for the billing period (including the balances on the Closing Datel and divide by the total number of days in the billing period. I his gives us the Balance Suhjed to Finance Charge la that balance We figure a portion of your linance charge on transactions subject to this cakulation method by multiplying the applicable monthly periodic rate for that Valance by the Balance Subject to Finance Charge {ezduding new Irarrsactans). - AVERAGE DAILY BALANCE (INCiUDNIG MEW TRANSACFIONS)-MnhM L. If the periodic rate listed in the Finance Charge Summary Section of this statement is IdWwed try an •L•, we use the tollowinq calcuWtion method To get the Balance Subject to Finance Charge for each balance (e.q., each purchase subject to pro- nrotionalterms, 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 ar payments credited as of that day and arty unpaid linance charges. A credit balance is treated as a balance of zero. This gives us the daily balance. We add up orb the daily Valances 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 Thal balance. We liqure a portion of your linarrce charge on Iransac- lions subkcl to this cakuWlion method by multiplying the appkcable monthy periodk role for that balance by the Balance Subject to Rnance Charge (including new transactons}, - AVERAGE DAILY BALANCE (INCLUDING NEN TRANSACTIONS}kNtlgd M. II the petbdic role listed in the Finance Charge Summary of this statement is followed by an '1A°, we use the idlowing calculation method We cakulale periodic linance charges separately for each balance, (Balances include regular purchases and different promotional balances. To get a dairy balance. we start with the balance as of the end of the previ• ous day. Vde add any perbdic Ilnance charge on the previous day's balance. (This results in daily compound- ing of finance ChargesF ale add any new Charges. We then subtract arty new credRs or payments and make other adjustments. A ttetlit balance is treated as a balance of zero. We figure the periotlk Nnarrce charge by multipying the daily balance by its daily periodk rate. We do this for each day in the billing period The Balance Subject to Finance ETrarge is the average of the daily balances during the billing period. If you mul- tiply this figure br each balance by its daily periodk 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 diflerence. PROMOTIONS We may offer you promotional terms br all or a earl d arty balances. Arry pronrolional terms may apply kx a limited period of lime. They will be governed by the terms of the promotional oiler and your Card Agreement. They may indude the No mleresl, 09b, and tqual Payment Plan oilers described below Yaur promdional 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 it you pay the balance in lull Vy the end o1 the promotional period. We will impose finance charges on this balance if you do riot pay the bal• ante in lull by the end of the promotional period or the promotional terms are terminated. We will impose these financecharges from the date d purchase until the balance is Raid in full. The promotion- al offer will specify the amount of any minimWn payment required on this balance • 09i. No linance charges are imposed on this balance during the promotional period The promotional otter will specify the amount of any minimum payment required on This balance. • Egaal Pryarmt Plan. This balance will be repaid in equal minimum payments. The promotional olfer will specify the amount of the minimum payment required on this balance. CLOSING DATE. At our discretion, this statement may indude charges, lees, and payments on the Closing Date. GRACE PERNID ON PURCHASES You can avoid periodic finance Charges on purchases. This is called a grace period on purchases. The grace period is at least 20 days. To get the grace period on purchases, pay the follow frig amounts by the due date every billing period: • the New Balance, less any No Interest, 096 and Equal Payment Plan Valances that expire after the pay- ment due date, plus • the minimum monthly payments required for your No Interest, 0%, and Equal Payment PWn balances that expire after the payment due date. If you do not, you will rid get a grace period unless you pay the above amounts by the tlue tlate br two billing periods in a row. In addition, certain promotional utters may takeaway the grace period un purchases Other promotional oilers, in addition to No Interest, 0% and Equal Payment Plan offers, may also allow you to have a grace period on pur• chases without having to pay all or a portion of the promotional balance by the due date. If eittrer is the case, the promotional offer will describe what happens. BILLIIW RNFNIS SUMMARY: In Are of Erron pr OrrestNm Afroet Yoer BIII. If you think your bill is wrong, or if you treed more information about a transactan on your VII, write us at the Billing Errors address on this statement as soon as possible. Fre must hear from you no later than 50 days after we send you the lirst bill on which the error or problem appeared. You tan telephone us, but doing so will not preserve your rights. In your letter. give us the following infannatiom • Your name and account: number. • The dolor amount of the suspected error. • Desaibe the error and explain it you can, why you believe there is an error. II you need nare information, describe the item you are unsure about. Please be sure all correspondence is signed by the primary cardholder. You do rid 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 rid in question. While we investigate your question, we canna report you as delin• quent on the disputed item or take any action to tolled the amount you question. Special Rent for Credit GM Perebases. If you have a problem wish the quality of goods or services Ihat 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 prdection only when the purchase price is mare than $50 and the purchase is made in your home slate w within 100 miles of your mailing address. {If we own or operate the merchant, or if we mailed you the advertisement for the property or services, all purchases are covered regartlless of amount or location of purchase.l 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 lull before the end of the promotional period or ii yat tail to make any required payment on your Atcounl when due or make a payment to us Ihat is not honored. See below for more details. "With credit approval for qualifying purchases made on The Home Depot or ElIPO Design Center Consumer Credit Card. For accounts in good standing, APRs up to 26.9996. Default APR up to 29.99%. Minimum FINANCE CHARGE: S2. Lower tales may apply. See card agreement for details incluriinq when the default rate applies. Oiler is only valid for consumer accounts and is subject to change without notice. IMPORTANT PAYMENT INSTRUCTIONS. Cnlllnq Paynenb. We must receive }rout mailed payment in proper form at our processing facility by 5 p.m local time there.ll we des it will be credited ~ of that day. (Please refer to the top right hand corner on the Iront of your statement for processing facility time zonel A payment received at the processing lacility in proper form alley that lime will be credited as of the next day. Allow 5 to 7 days for payments try regular mail to reach us. There may be a delay of up to 5 days in crediting a payment we receive that rs not in proper form or is not sent to the correct address. The corre[t address for a payment sent by regular mail is the address listed on the return emNope or on the (rant 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 ezpress mail is the Express Payments Address shown below. Proper Farm. For a payment sent by mail or courier to be in proper Corm, you must: • ErrClaae a valid Check or money order made payable to Home Repo[ Credi[ Servkes. No cash, gift cards, or 1a~eign currency please. • Inehrle your name and account number un the Ironl of your check or money ceder. It yore sent an eligible check wtth this payneM coupon, yw wtharize us is completes goer payerant by electronic debit. IF sa do, the clleeking attorM wiN be NbitM in rite amount on the check tYa nay do this as soon tl tM Uy w roaiw the chect. Also, the cMck rill ba destroyel. Copy Fen. We charge S5 fa each copy of a Villing statement that dates back 3 months or more. We add the lee to a balance of our choosing. We reserve the right fo add this fee to baWnces 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 myhamedepotaccount.romond sign up for tree online payments. Enrdlment may take a few days. Ii 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 poll within three business days. II we receive your request to make an online payment after that time, we will credit your payment as o) 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 Serda. You may use this service any lime to make a Daymenl by phone, if your account is eligible. You will be charged SI4.95 to use this service Call by 5 p.m Eastern time to have your payment credited as d that day and pasted within three business days. If you call after that time, your payment will f>e credited as of the next day and pasted within three business days.'Ae may process your payment electronically alter we verily your identity. • Ezpress Payaents. You can send payment by courier or ezpress mail to the Express Payments Address: Customer Servke Center, Atlentian: Payment Mail Dpeninq, 87~'M. Sahara Ave, Las Vegas, NV 89117. Payment must be received in proper formal the proper address by 5 p.m. Pacific time to be credited as of that day. All payments received in proper format the proper address after that time will be ttedited as of the next day. • In Store Payments. For your added convenience, payments can be made at the Home DepoP stores with fro SefYICe lee. Payments made al the Blare Orlof td (tie Stole CIDSinq time will be posted (0 Ydur aCCOUnt a5 of that day but availability may be subject to verification of lands. REPDRT A LOST OR STOLEN CARD IMMEDIATELY: You may wll Customer Servke 24 hours a day, 7 days a week. Page 2 of 4 The Home Depot Comurner HD 0309A ! , Account: """'* *'`*` "'`'"' 4675 . TRANSACTIONS (cont.} Trans Dab Description Reference 9 Amount INTEREST CHARGED 02/18 Interest Charge on Purchases $ 93.39 TOTAL INTEREST FOR THIS PERIOD S 93.39 ANNUAL PERCENTAGE RATE on the account: 29.9996 " Tha'ANNUAL PERCENTAGE RATE on tha account' includes all transaction and periodic interest charges imposed this billing period on all balances on which interest charges were imposed. If the 'ANNUAL PERCENTAGE RATE on the account' is WA, no interest charges (attar adjustments) were imposed this billing period. Interest charges may be accruing on promotional balances and may be billed to your account under the temro ct the promotional offer. Refer to the corresponding APR for the APR that applies to each balance. INTE,,Ry~~EST CHARGE CALCULATION x tt,~Y~our ``Annual~PeYrcenta~e Rab (APR) is the annual mtera_at rate o_n your accou~m ~G~'~` s y l~[t~llRr~R'f~1N. ~If~i~~~h a ~•''3i`~ tevolving Balance 29.99% (M) $4,059.97 $93.39 ~Z Z Z co Z ~Z Z NZ A I aS Z N Z Z Z Z Z Z Page 3 of 4 .- , Account: '`*""' *"** ""'* 4675 ~. _, ~ Ya~ur new statement: Clear. Concise. Easy to read. ~ Char. Statements are written In everyday languageahef you'll be able to read isnd understand. They ehow you exactly how much you've spent;. how much au.owe; when u owe it andfiow Ian it will take y Yo 9 you to pay tt off. ' Concise. The Information Is "bucketed'. Into sections that tnalce tt easy to find whet you're. looking far end Is wrlHeti In Hormel;: everyday language. Easy to reed. __ Not only are the.wbrds themselves easier to understand;;they're in a larger'anci easier io read` type face. ~ eat ew a• ew r err-ear ewr ~ a~ .~ et we< ~ : ~ ,ter ~ ~' ~ ~ o ,.w s ~r ,s ~ ~ wr Summary of Account Activity rMonthly account activity-payments, II credits, fees, and interest charged Transactions See clearly the activity that occurred to create your monthly balance: purchases, payments and credits, fees and interest for the billing period Promotions Section Customer-friendly summary so yvu know how your balance was calculated and how your payments are applied. Promotions are also listed in the order of expiration ~. "` ..~ ..» SflD9 ~~~•~~~p{y,~~~ ~t_IF11~1~ 1r(f16R r~~.~.. LA+~ ~ - ~I~!//jd11wl~ Account Number/Comact Information Payme~rt Information Your balance, minimum payment and due date Payment Calculator An estimated time it will take to pay off your balance when making the minimum payment and how much you should pay each month to pay off your balance in 36 months Aecaunt saM.m.nt a ~~~~ ~......... ~mormmrrc~m .,ar~"" ro~.muw~n mew Awr.IW~n 17f1 D!/M1lfOt s MYi4~~ m.oaaoa ~ -- H..e+.~.. w.~.~w. ... ~ rte. aa~a..a...w ~ ~ o~ ~ oaw.a.dk. ___ -~N,aw.M - Pem+rnCarDar _ MoNabb,VN R,rdr,«?,. - F.N CyIr~ - _ -.: 9M.9~ - _ ... .. gar ry~rw~r~~K..r~e~.rryovwrr.np~rt tlr db Md~OSw.Iw~~rl.wbp~r~YYMigbp~0. Inl.~l N~ ~ atl~~~~Y~~i~W/~b~1~W..I1N10il. rau ~Y Pa[010 Nlqull ..: 10.8w.YiY.fi~ .. Y~I~~ur YlYli7il w~/c . ~rueucNa ,~ 9oWmw~ oe.tp ter _ .._ Nat SlWnwtClabp.DW ..ti ~_. I~VE4~"fNY ~,,y,,.,,,, .tl.~rm r.r mrr.r.....r+eMww ~ IOIEI~ll1.11~~/OII~/'OI~NTMONWIb/ ~1~1M^ ~,~„pwwr/ ~~arrw •~•~'°°.~= "•"'~""~"~r"~~""""'-'- '~'• " ~--Original Transaction Amount ~" ~" "'~ Allows ou to reference the "~ ,d..~~+-«, +""''"" +~ . original purchase amount ,pa ~r S MM~~ WOON~ f~ ~AR~~ ~~~~Y~Ar~~ 'r ~A v ~ ~ ~„4 a~7M Mw~ ~~~yn~R/ ~ ~,.r~t~~rN ~r i~M.~~~~ d ,.««r"a--~°""' ~,,,,,,,,.,,., _ .,:~.. a . ~,~~, New Promotion Balance .~r~-~~" ~~""" ~,,a.a~_ -- _ ; ~ Keep track of the amount ..+... .. ~~..+ ~~; _ ,,"'~' :. - ~ " of the onglnal promotional ,'~'; _ ~ - ,';"'~" purchase which remains unpaid P,r,,,w„ Y ~r.p • tss M II~M ~MYM }Ltlp .: AIIr yY11111. .. ..~.~gnrs IDww OI~.WR haw o rr see Page 4 of 4 r Verification T'~~n~ f~~ynoi~~ I, , am employed by Citicorp Credit Services, Inc. (USA) (hereafter CCSI), a subsidiary of plaintiff, Citibank (South Dakota), N.A. CCSI is a service provider for plaintiff in that it services credit card accounts owned by plaintiff. I am authorized to make this verification on behalf of plaintiff. The statements of facts set forth in the complaint are true and correct upon my information and belief and are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ~ ~~~ Signature C-42987 Gerald M Coleman Account number ending in 4675 1025 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff Jody S Smith Chief Deputy ?atQ [}E`er 9 p; 2:8 Richard W Stewart tr•? COl?NSY Solicitor C11BL' d AMI A Citibank (South Dakota) N.A. vs. Case Number Gerald M. Coleman 2010-7805 SHERIFF'S RETURN OF SERVICE 12/22/2010 06:40 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on December 22, 2010 at 1840 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Gerald M. Coleman, by making known unto himself personally, at 49 Old Stonehouse Road South, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing. to him personally the said true and correct copy of the same. SHERIFF COST: $33.40 December 27, 2010 RYAN BURGETT, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF Gerald M. Coleman 49 Old Stonehouse Rd. S. Carlisle Pa. 17015 State of ( *,UMBERLAhO O -iimyl NIP Pennsylvania ), ( Cumberland -)County Cause/Case No. ( 10-7805 CITIBANK (South Dakota),N.A. Plaintiff, Vs. Gerald M. Coleman Defendant(s)N? 4oZ r Gerald M. Coleman ("Defendant"), hereby answers the complaint of Citibank ( South Dakota) ("Plaintiff") for it's self alone as follows and generally denies the allegations due to the complaint based on lack of information and belief. First Affirmative Defense "(Agreement to Arbitrate) The credit card agreement may state that disputes may be resolved by binding arbitration. Defendant elects to have all disputes related to the credit card agreement resolved by binding arbitration." Second Affirmative Defense "(Amount in Dispute) The account balance claimed by plaintiff is not accurate and the total amount that is owed, if any, is in dispute." Third Affirmative Defense "(Financial Hardship) Due to a serious financial crisis, defendant does not have sufficient funds to pay the full amount of the undisputed debt, if any. In 2008 I had shoulder surgery, in 2009 I had knee surgery. I work construction and work has been very slow, we were working 3-4 days a week. At the time I fell behind on my payments. Since that time in Aug. 2009 I hired Freedom Debt center to help me with my payments. I am currently paying them 975.00 a month. I am making progress it just going to take time. I have two accounts paid off with others to follow shortly. WHEREFORE, Defendant requests that: 1. Plaintiff takes nothing by way of his complaint; and 2. For Defendant's costs of suit. Dated: 1-2-11 la 1 ,. - Signature Gerald M Coleman Printed Name Defendant in Pro Per FILEO-OF ICE OF THE PROTHONOTARY 2011 JAN 20 PM 1: 18 CUPENN YLVANIA T`; BURTON NEIL & ASSOCIATES, P.C. By: Derek Blasker, Esquire, Id. No. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. GERALD M COLEMAN Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-7805 CIVIL ACTION - LAW REPLY TO NEW MATTER First Affirmative Defense Admitted in part, denied in part. It is admitted that the original credit card agreement between the parties may have included a provision that would allow defendant to elect binding arbitration. It is denied that the proper avenue for such election is to request such as an affirmative defense. By way of further response, defendant must file a motion to have this matter moved to binding arbitration and must bear the cost of such election. Second Affirmative Defense Denied. Denied as a conclusion of law to which no response is required. There are no facts alleged in the averment, therefore, pursuant to Pa R.C.P. 1029(d), the allegation is denied. Third Affirmative Defense Denied. After reasonable investigation plaintiff is without sufficient knowledge or information to form a belief as to the truth of the averment. WHEREFORE, plaintiff prays that judgment be entered on its behalf and against defendant as set forth in the complaint. BURTON RVEIL & ASSOCIATES, P.C. By: Del(kJ Masker, Esquire Attorney for Plaintiff In making this communication, we advise our firm is a debt collector. Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. GERALD M COLEMAN Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7805 CIVIL ACTION - LAW Certificate of Service I, Derek C. Blasker, Esquire, do hereby certify that I served a true and correct copy of the within Plaintiff's Reply to New Matter on pro se defendant, Gerald M Coleman, at his address of record via first class mail, postage prepaid on the date set forth below. Associates, P.C. Date: 4 (4 1- GUS By: The law firm of Burton Neil & Associates is a debt collector. Blasker, Esquire for Plaintiff C-42987 CAI ,.. L° OFFICE hr P;O T MONOTAR'S` Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. GERALD M COLEMAN Defendant 2011 AUG 12 AM 11: 01 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-7805 CIVIL ACTION - LAW Praecipe to Settle, End, & Discontinue To the Prothonotary: Mark the above matter Settled, Ended and Burton e & ssociates, P.C. By. De sker, Esquire Attorne for laintiff The law firm of Burton Neil & Associates is a debt collector. C-42987