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">w Supreme Co £ennsylvania • - ;" Psx COUI'� COih aon : leas For Prothonotary Use Only: C��11'�O�el' �11�8t J �I:IF. Docket No: Sf CUM RND County a - I The information collected on this farm is used solely for court administration put��oses. This form does •not supplement ov replace the ftlins and service of pleadin m or other papers as required by law or rules of court. Commencement of Action: S x Complaint Writ of Summons 13 Petition 13 Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T CACH LLC KELLI R BURKEY Dollar Amount Requested: fx within arbitration limits I Are money damages requested? x, Yes No (check one) [ outside arbitration limits ;O N Is this a Class Action Suit? 0 Yes El No Is this an MDJAppeal? [3 Yes No E 1. A Name of Plaintiff /Appellant's Attorney: ALLAN C. SMITH, ESQ. P.C. t Check here if you have no attorney (are a Self- Represented [Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your. PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ® Intentional [3 Buyer Plaintiff Administrative Agencies E3 Malicious Prosecution El Debt Collection: Credit Card Board of Assessment Motor Vehicle [3 Debt Collection: Other [3 Board of Elections Nuisance Dept. of Transportation E3 Premises Liability Statutory Appeal: Other S ® Product Liability (does not include ' E mass tort) [3 Employment Dispute: Slander/Libel/ Defamation Discrimination ® C ® Other: ®Employment Dispute: Other Zoning Board T ® Other: I l3 Other: O MASS TORT Asbestos N 13 Tobacco E] Toxic Tort - DES l3 Toxic Tort - Implant Toxic Waste REAL PROPERTY MISCELLANEOUS ® Other: 0 Ejectment Q Common Law /Statutory Arbitration B E3 Eminent Domain/Condemnation l3 Declaratory Judgment E3 Ground Rent Mandamus 0 Landlord/Tenant Dispute Non- Domestic Relations E3 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY [3 Mortgage Foreclosure: Commercial 13 Quo Warranto Dental [3 Partition rl Replevin Legal [3 Quiet Title Other: Medical [3 Other: Other Professional: Updated 1/1/2011 r. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CACH. LLC r, KELLI R BURKEY NOTICE TO DEFEND You have been sued in Court. If you wish to defendant against the claims set fourth in the following pages, you must take action within (20) days after the Complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court, your defenses or objections to the claims set fourth 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 of any money claims or 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 THIS OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET 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 REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013. Telelphone: 249 -3166 a � a 9�gr3 - Law Firm of Allan C. Smith, P.0 Attorney ID: 204756 1276 Veterans Highway Suite- E -1 Bristol, PA 19007 (888)275- 6399/(215) 428 -0666 Attorney for Plaintiff CACH, LLC ) COURT OF COMMON PLEAS 4340 SOUTH MONACO STREET 2ND ) CUMBERLAND COUNTY FLOOR DENVER, CO 80237 ) ) Plaintiff, ) VS. ) No.: KELLI R BURKEY ) 8 W PINE ST ) ENOLA, PA 17025 ) COMPLAINT To: KELLI R BURKEY 8 W PINE ST ENOLA, PA 17025 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 the court without further notice may enter a judgment against you for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013. Telelphone: 249 -3166 AVISO Le han demandado a usted en is corte. Si usted quiere defenderse de estas demandas expuestas en las pagins siguientes. Usted tiene veinte (20) dias de plaza al partir de ]a fecha de la demanda y la notificacion. Hace falta asentar una comparencia excrita o en persons o con abogado y entregar o sus objecciones a las demandas en contra de su persona. Se avisado que si usted no se defiende. La corta tomara medidas y puede continuar la demada en contra suya sin previo Avisa o notificion. Ademas la corte puede decidie a favor del demandante y requiere que usted compla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedas o otros derechos imporrantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSOAN O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICE DE REFERENCIA LEGAL CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013. Telelphone: 249 -3166 Plaintiff, CACH, LLC, by its attorney Allan C. Smith, Esq., by way of complaint against Defendant KELLI R BURKEY, avers the following: 1. Plaintiff, CACH, LLC, is a Colorado limited liability company doing business at 4340 South Monaco Street 2nd Floor, Denver, CO 80237. 2. Defendant, KELLI R BURKEY, is an individual residing at 8 W PINE ST , ENOLA, PA 17025. 3. Plaintiff's cause of action is based upon a writing. <Exhibit C> 4. Defendant, KELLI R BURKEY, was indebted to Citibank South Dakota, N.A. for a breach of a written contract by and between them in the amount of $4,624.43 which balance was due and unpaid as of October 21, 2011, for credit card account number 5121071962042259. <Exhibit A> 5. On or about November 17, 2011, Citibank South Dakota, N.A. sold the debt for good and valuable consideration to plaintiff, CACH, LLC <Exhibit B> 6. The Defendant, Kelli R Burkey, last tendered a payment on July 15, 2011. .7. A copy of the credit card agreement is attached hereto. <Exhibit C> 8. Plaintiff is entitled to charge -off account finance charges of $0.00. <Exhibit A> 9. Plaintiff is entitled to pre - litigation charge -off interest of $0.0000 per day from the default date 0.000% annual percentage rate x $4,624.43 / 365 days) or $0.0000 x 600 days = $0.00; which is accrued interest through the date of filing. <Exhibit A> Plus an award of late fees 0.00, court costs $203.75 and reasonable attorneys fees as stated in the Cardholder Agreement attached hereto as <Exhibit C >. 10. The defendant, being indebted to the plaintiff upon the account by and between them did promise to pay said sums upon demand. Demand has been made for payment and the defendant has failed to remit payment. WHEREFORE, plaintiff demands judgment against the defendant for $4,828.18 which includes interest, court costs and a prayer to the court for reasonable attorney's fees, should this matter be contested or go to default judgment. Date: December 13, 2013 Allan C. 9miffi, Esq. EXHIBIT A Sears MasterCard Call us at 1- 800 - 669 -8488 Manage your account and pay your bill at www.searscard.com Write to us at PO Box 6282 Sioux Falls, SD 57117 -6282 KELLI R BURKEY Account Number. 5121 0719 6204 2259 Payment Due Date Page 1 of 2 08/16/2011 Summa of Account Activity Mailed payments must be received by 5:00 PM at Payment Information the address for payments by the payment due date Previous Balance $4,224.43 New Balance $4,231.67 Payments - $60.00 Minimum Payment Due $149.00 Other Credits $0.00 Payment Due Date 08/16/2011 Purchases +$60.01 Late Payment Warning: Cash Advances $0.00 If we do not receive your minimum payment by the date listed above, Fees Charged $0.00 you may have to pay a late fee up to $35. Interest Charged +$7.23 Minimum Payment Warning: New Balance $4,231.67 If you make only the minimum payment each period, you will pay more Past Due Amount $99.00 in interest and it will take you longer to pay off your balance. For example: Credit Limit $5,000.00 I# you make no additional You will pay off the> . And you will:,.: Available Credit $0.00 charges using this card balance shown on this end;up paying an Cash Advance Limit $50.00 and each month you pay... statement in about estimated total of...;.: Available Cash Limit $0.00 Only the minimum payment 20 years $4,831 Amount Over Credit Limit $0.00 Statement Closing Date 07/20/2011 $121 3 years $4,364 Days in Billing Cycle 31 (Savings= $467) If you would like information about credit counseling services, call 1 -877- 337 -8188 Your Sears Choice Rewards Summary Previous Reward Points Balance 0 Reward Points Earned This Period 0 Adjustments to Reward Points 0 Reward Points Redeemed This Period 0 Ending Reward Points Balance 0 Transactions Trans Date Post Date Description Amount 06/27/11 06/27/11 PAYMENT REVERSAL 60.00 06/27/11 06/27/11 `INTEREST' PREV CYCLE PURCHASES 0.01 07/15/11 07/15/11 PAYMENT -THANK YOU -60.00 Fees TOTAL FEES FOR THIS PERIOD 0.00 Interest Charged 07/20/11 07/20/11 INTEREST CHARGE ON PURCHASES 7.23 INTEREST CHARGE ON CASH ADVANCES 0.00 TOTAL INTEREST FOR THIS PERIOD 7.23 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION This Account is Issued by Citibank (South Dakota), N.A. I Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records. Sears MasterCard Account Number. 5121 0719 6204 2259 Payment Minimum New Balance Due Date Payment Due Amount Enclosed $4,231.67 08/16/11 $149.00 0019354 ED 12 B 11201 1 TXS503 FVG 001 7 N Ilrlrillrlllll' r�lllllllll�lr�l�' Il�illrlllll��lllllrl�illl�rrrl' Make check payable to KELLI R BURKEY SEARS CREDIT CARDS 8 W PINE ST PO BOX 183082 ENOLA PA 17025 -2828 COLUMBUS, OH 43218 -3082 III' ll' ll��n��IIIII���I��I�I�II1111�In�I�min�nLl�n�ll�lll Please make address changes on reverse side. 100 5121071962042259 0423167 0014900 0006000 1213 Information About Your Account. While we investigate whether or not there has been an error, the following 'How to Avoid Paying Interest on Purchases. Your payment due date is at are true: least 25 days after the close of each billing cycle. We will not charge you any We cannot try to collect the amount in question, or report you as delinquent interest on purchases if you pay your New Balance by the payment due date on that amount. each month. This is called a grace period on purchases. If you do not pay the The charge in question may remain on your statement, and we may New Balance in full by the payment due date, you will not get a grace period continue to charge you interest on that amount. But, if we determine that on purchases until you pay the New Balance in full for two billing cycles in a we made a mistake, you will not have to pay the amount in question or any row. We will begin charging interest on cash advances and balance transfers interest or other fees related to that amount. (if available on your account) on the transaction date. While you do not have to pay the amount in question, you are responsible if you have a balance subject to a deferred interest promotion and that for the remainder of your balance. promotion does not expire before the payment due date, that balance (the We can apply any unpaid amount against your credit limit. "excluded promotional balance 'l is excluded from the amount you must pay in Your Rights if You Are Dissatisfied With Your Credit Card Purchases full to get a grace period. However, you must still pay any separately required payment on the excluded promotion In billing cycles in which payments are If you are dissatisfied with the goods or services that you have purchased allocated to deferred interest balances first, the deferred interest balance will be with your credit card, and you have tried in good faith to correct the problem reduced before any other balance on the account. However, you will continue to with the merchant, you may have the right not to pay the remaining amount get a grace period on purchases so long as you pay the New Balance less any due on the purchase. excluded promotional balances in full by the payment due date each billing cycle. To use this right, all of the following must be true: In addition, certain promotional offers may take away the grace period on 1. The purchase must have been made in your home state or within 100 miles purchases. Other promotional offers not described above may also allow you of your current mailing address, and the purchase price must have been to have a grace period on purchases without having to pay all or a portion of more than $50. (Note: Neither of these are necessary if your purchase was the promotional balance by the payment due date. If either is the case, the based on an advertisement we mailed to you, or if we own the company promotional offer will describe what happens. that sold you the goods or services.) How We Calculate Your Balance Subject to Interest Rate. We use a daily 2. You must have used your credit card for the purchase. Purchases made balance method (including current transactions) to calculate interest charges. with cash advances from an ATM or with a check that accesses your credit To find out more information about the balance computation method and card account do not quality. how the resulting interest charges were determined, contact us at the "Call 3. You must not yet have fully paid for the purchase. us at" number on the front. If all of the criteria above are met and you are still dissatisfied with the Balance Transfers. Balance transfer amounts are included in the purchase, contact us in writing at the address shown on the front where it "Purchases" line in the Summary of Account Activity (if balance transfers are says "Write to us at" available on your account). While we investigate, the same rules apply to the disputed amount as Transaction Date. The Transaction Date shown on the statement is also the discussed above. After we finish our investigation, we will tell you our Sale Date. decision. At that point, if we think you owe an amount and you do not pay we Credit Reporting Disputes. If you think we reported inaccurate information may report you as delinquent. to a credit bureau write us at "Write to us at" address shown on the front Important Payment Instructions. Report a Lost or Stolen Card Immediately. Call the "Call us at" number Crediting Payments If we receive your payment in proper format our shown on the front. processing facility by 5 p.m. local time there, it will be credited as of that day. What To Do if You Think You Find a Mistake on Your Statement A payment received there in proper form after that time will be credited as of If you think there is an error on your statement, write to us at the address the next day. Allow 5 to 7 days for payments by regular mail to reach us. There shown on the front where it says "Write to us at 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 In your letter, give us the following information: regular mail is the address on the front of the payment coupon. A payment Account information Your name and account number. made in-store is not sent to the correct address. The correct address for Dollar amount The dollar amount of the suspected error. courier or express mail is the Express Payments Address shown below. Description of Problem If you think there is an error on your bill, describe Proper Form. For a payment sent by mail or courier to be in proper form, what you believe is wrong and why you believe it is a mistake. you must You must contact us within 60 days after the error appeared on your statement. Enclose a valid check or money order. No cash, gift cards, or foreign You must notify us of any potential errors in writing. You may call us, but if currency please. you do we are not required to investigate any potential errors and you may Include your name and account number on the front of your check or have to pay the amount in question. money order. SMC /TGI /SCC /SCP /HIPS 01PI OIFM6057 -1- 02/25/2011 If you send an eligible check with this payment coupon, you authorize us to complete your payment by electronic debit. If we do, the checking account 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 $3 for each copy of a billing statement that dates back 3 months or more. We add the fee to the regular purchase balance. We waive the fee if your request for the copy relates to a billing error or disputed purchase. Payment Options Other Than Regular Mail. New Address Online Payments. Visit www.SearsCard.com and sign up for online payments. Enrollment may take a few days. If we receive your request to make an online If your address has changed, please print any changes payment by 5 p.m. Eastern time, we will credit your payment as of that day. If below. we receive your request to make an online payment after that time, we will credit your payment as of the next day. 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 Name: payment by phone. You will be charged $14.95 if a representative of ours helps expedite your payment. Call by 5 p.m. Eastern time to have your payment credited as of that day. If you call after that time, your payment will Street Address: be credited as of the next day. We may process your payment electronically after we verify your identity. Express Payments. You can send payment by courier or express mail to the City, State, Zip: Express Payments Address. This address is: Payments Department, 1500 Boltonfield Street, Columbus, OH 43228. Payment must be received in proper form at the proper address by 5 p.m. Eastern time to be credited as of that phone: day. All payments received in proper form at the proper address after that time will be credited as of the next day. SMC /TGI /SCC /SCP /HIPS 01/11 Sears MasterCard Call us at 1- 800 - 669 -8488 Manage your account and pay your bill at www.searscard.com Write to us at PO Box 6282 Sioux Falls, SD 57117 -6282 KELLI R BURKEY Account Number. XXXX XXXX XXXX 2259 Payment Due Date Page 2 of 2 19354 08/16/2011 2011 Totals Year -to -Date Total Fees Charged in 2011 $0.00 Total Interest Charged in 2011 $50.47 YOUR ACCOUNT IS SERIOUSLY PAST DUE. AMOUNT PAST DUE IS SHOWN ABOVE. ARRANGEMENTS FOR FUTURE PAYMENTS SHOULD BE MADE IMMEDIATELY. Interest Charge Calculation Your Annual Percentage Rate (APR) is the annual interest rate on your account. Annual Percentage Balance Subject to Type of Balance Rate (APR) Interest Rate Interest Charge PURCHASES Regular 2.00% (d) $4,264.77 $7.23 CASH ADVANCES Regular 2.00% (d) $0.00 $0.00 (v) = Variable Rate (d) = Daily (m) = Monthly Cardmember News IMPORTANT NOTICE ABOUT YOUR ACCOUNT Effective July 1, 2011, Citibank (South Dakota), N.A. is merged into Citibank, N.A. Citibank, N.A., which is located in Sioux Falls, South Dakota, is the new issuer of your account. All references to Citibank (South Dakota), N.A., in your account documentation, including the Card Agreement, and in communications about your account should be deemed to refer to Citibank, N.A. Any optional program provided by Citibank (South Dakota), N.A., is now provided by Citibank, N.A. I Pr otec t your - • ra Your account is at risk of being reported as past due to one or all three of the major credit reporting agencies. A negative incident on your credit report may damage your credit rating depending on your overall credit health. This may affect your ability to purchase things you need or get additional credit in the future. We want to help you avoid this. We have a number of solutions to help you through the financial difficulty you may be experiencing, but we must hear from you. Call us today at 1- 866 - 518 -9056 We're available to you 7 days a week. Monday Thursday 6:30 a.m. -11b0 p.m. CT. • Friday 6:30 a.m.-9 p.m. CT Saturday and Sunday 8:00 am.-5-00 p.m. CT Account Statement Send Notice of Billing Errors and Customer Service Inquiries to: Customer Service: SEARS CREDIT CARDS 6 sears searscard.com PO Box 6282 Sioux Falls SD 57117-6282 Sears MasterCard Account Inquiries: 1 -800- 669 -8488 Account Number .51 Summary of Account Activity Payment Information Previous Balance $4,231.67 New Balance $4,392.30 Payments +$60.00 Minimum Payment Due $353.61 Other Credits -$0.00 Payment Due Date September 16, 2011 Purchases +$0.02 Cash Advances +$0.00 Late Payment Warning: If we do not receive your minimum payment by the Fees Charged +$25.00 date listed above, you may have to pay a late fee up to $35. Interest Charged +$75.61 Minimum Payment Warning: If you make only the minimum payment each New Balance $4,392.30 period, you will pay more in interest and it will take you longer to pay off your balance. For example: Past Due Amount $209.00 If you make na. additronal You wdt pay off tha And you wIH;_ charges using this card balance shown on this ? 4 di up payin an Credi Limit 0.00 and each montki you- pay statement mabout estimated total -oi . A vailable Credit 0.00 ,•:. ..... - Cash Advance Limit $0.00 Only the minimum payment 24 years $11,007 Available Cash Limit $0.00 $166 3 years $5,977 Amount Over Credit Limit $0.00 (Savings = $5,030) Statement Closing Date 08/19/2011 If you would like information about credit counseling services, call 1- 877- 337 -8188. Next Statement Closing Date 09/19/2011 Days in Billing Cycle 30 Your account is seriously past due. Amount past due is shown above. Arrangements for future payments should be made immediately. TRANSACTIONS Trans Date Description Reference# Amount 07/27 PAYMENT REVERSAL F9362006G000ZD518 $ 60.00 07/27 `INTEREST' PREV CYCLE PURCHASES $ 0.02 FEES 08/16 LATE FEE $ 25.00 TOTAL FEES FOR THIS PERIOD $ 26.00 Things happen and sometimes you can get behind on your account. That's when we can help. Life is unpredictable and sometimes, even with the best intentions, you can get behind on your account. We understand that and want you to know that we are here to assist you in bringing your account up to date. We're here to help with solutions for you to consider. Let us work with you to find a solution that may help you bring your account current. v Call 1- 866 -518 -9054 today. 8ME12 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 of 4 This Account is Issued by Citibank, N.A. ----------------------------------------------------------------------------------------------------------------------------- + Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records. 4' Sears MasterCard" Make Checks Payable to: SEARS CREDIT CARDS t Past Due Amount is included in the Minimum Payment Due. Your Account Number Payment Due Date New Balance Past Due Amountt Minimum Payment Due Amount Enclosed 5121 0719 6204; 2259 SEPTEMBER 16, 2011 $4,392.30 $209.00 $353.61 $ SAVE STAMPS TIME... AND TREES! V isit Account pert ess Statements and register an for Online Bill Pay, � pStatements end More. 021 5121071962042259 0439230 0035361 0006000 121 000 0 SEARS CREDIT CARDS PO BOX 183082 KELLI R BURKEY COLUMBUS, OH 43218 -3082 8 W PINE ST ENOLA, PA 17025 -2828 Print address changes above in blue or black ink. Information About Your Account. You must notify us of any potential errors in writing. You may call us, but if How to Avoid Paying Interest on Purchases. Your payment due date is at you do we are not required to investigate any potential errors and you may least 25 days after the close of each billing cycle. We will not charge you any have to pay the amount in question. interest on purchases if you pay your New Balance by the payment due date While we investigate whether or not there has been an error, the following each month. This is called a grace period on purchases. If you do not pay the are true: New Balance in full by the payment due date, you will not get a grace period We cannot try to collect the amount in question, or report you as on purchases until you pay the New Balance in full for two billing cycles in a delinquent on that amount. row. We will begin charging interest on cash advances and balance transfers The charge in question may remain on your statement, and we may (if available on your account) on the transaction date. continue to charge you interest on that amount. But, if we determine that If you have a balance subject to a deferred interest promotion and that we made a mistake, you will not have to pay the amount in question or any promotion does not expire before the payment due date, that balance (the interest or other fees related to that amount. .'excluded promotional balance ") is excluded from the amount you must pay While you do not have to pay the amount in question, you are responsible in full to get a grace period. However, you must still pay any separately for the remainder of your balance. required payment on the excluded promotion. In billing cycles in which We can apply any unpaid amount against your credit limit. payments are allocated to deferred interest balances first, the deferred interest balance will be reduced before any other balance on the account. Your Rights if You Are Dissatisfied With Your Credit Card Purchases However, you will continue to get a grace period on purchases so long as you If you are dissatisfied with the goods or services that you have purchased pay the New Balance less any excluded promotional balances in full by the with your credit card, and you have tried in good faith to correct the problem payment due date each billing cycle. with the merchant, you may have the right not to pay the remaining amount In addition, certain promotional offers may take away the grace period on due on the purchase. purchases. Other promotional offers not described above may also allow you To use this right, all of the following must be true: to have a grace period on purchases without having to pay all or a portion of 1. The purchase must have been made in your home state or within 100 the promotional balance by the payment due date. If either is the case, the miles of your current mailing address, and the purchase price must have promotional offer will describe what happens. been more than $50. (Note: Neither of these are necessary if your How We Calculate Your Balance Subject to Interest Rate. We use a daily purchase was based on an advertisement we mailed to you, or if we own balance method (including current transactions) to calculate interest the company that sold you the goods or services.) charges. To find out more information about the balance computation 2. You must have used your credit card for the purchase. Purchases made method and how the resulting interest charges were determined, contact us with cash advances from an ATM or with a check that accesses your credit at the Account Inquiries number on the front. card account do not qualify. Balance Transfers. Balance transfer amounts are included in the 3. You must not yet have fully paid for the purchase. "Purchases" line in the Summary of Account Activity (if balance transfers are If all of the criteria above are met and you are still dissatisfied with the available on your account). purchase, contact us in writing at the Billing Errors address shown on the Transaction Date. The Transaction Date shown on the statement is also the front. Sale Date. While we investigate, the same rules apply to the disputed amount as Credit Reporting Disputes. If you think we reported inaccurate information discussed above. After we finish our investigation, we will tell you our to a credit bureau write us at the Customer Service address shown on the decision. At that point, if we think you owe an amount and you do not pay front. we may report you as delinquent. Report a Lost or Stolen Card Immediately. Call the Account Inquiries Important Payment Instructions. number shown on the front. Crediting Payments. If we receive your payment in proper form at our What To Do if You Think You Find a Mistake on Your Statement processing facility by 5 p.m. local time there, it will be credited as of that day. If you think there is an error on your statement, write to us at the Billing A payment received there in proper form after that time will be credited as of the next day. Allow 5 to 7 days for payments by regular mail to reach us. Errors address shown on the front. There may be a delay of up to 5 days in crediting a payment we receive that in your letter, give us the following information: is not in proper form or is not sent to the correct address. The correct • Account information Your name and account number. address for regular mail is the address on the front of the payment coupon. Dollar amount The dollar amount of the suspected error. A payment made in -store is not sent to the correct address. The correct • Description of Problem If you think there is an error on your bill, address for courier or express mail is the Express Payments Address shown describe what you believe is wrong and why you believe it is a mistake. below. You must contact us within 60 days after the error appeared on your statement. EM SNC /TGI /SCC /SCP /HIPS 08/11 T01206- 1238 -5300- 0017- 9- E -40 -D- 10/01/07- 90-- B -0 - -5- 402- 0- 0- SRSCH520 --- 04/30/1 i -GARB -July 20, 2011 -R Proper Form. For a payment sent by mail or courier to be in proper form, Pay by Phone Service. You may use this service any time to make a you must: payment by phone. You will be charged $14.95 if a representative of ours Enclose a valid check or money order. No cash, gift cards, or foreign helps expedite your payment. Call by 5 p.m. Eastern time to have your currency please. payment credited as of that day. If you call after that time, your payment Include your name and account number on the front of your check or will be credited as of the next day. We may process your payment money order. electronically fter we verify y your identity. If you send an eligible check with this payment coupon, you authorize us Express Payments. You can send payment by courier or express mail to to complete your payment by electronic debit. If we do, the checking the Express Payments Address. This address is: Payments Department, account will be debited in the amount on the check. We may do this as 1500 Boltonfield Street, Columbus, OH 43228. Payment must be received soon as the day we receive the check. Also, the check will be destroyed. in proper form at the proper address by 5 p.m. Eastern time to be credited Copy Fee. We charge $3 for each copy of a billing statement that dates back as of that day. All payments received in proper form at the proper address 3 months or more. We add the fee to the regular purchase balance. We waive after that time will be credited as of the next day. 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 the web address on the front and sign up for 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. If we receive your request to make an online payment after that time, we will credit your payment as of the next day. For security reasons, you may be unable to pay your entire New Balance with your first online payment. Page 2 of 4 Account: * * ** * * ** * * ** 2259 TRANSACTIONS (cont.) Trans Date Description Reference # Amount INTEREST CHARGED 08/19 INTEREST CHARGE ON PURCHASES $ 75.61 TOTAL INTEREST FOR THIS PERIOD $ 76.61 2411'1'otals Xeawrto Date, Total Fees Charged in 2011 $25.00 Total Interest Charged in 2011 $126.10 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of: B..at n e Annual;Perc ntage Rate (A" Satan &u6Jt ct: ;o Interest Rafe, lrsteresEGf► f ; !: PURCHASES REGULAR 21.24% (D )M $4,331,42 $75.61 CASH ADVANCES REGULAR 26.24% (D "I'll $0.00 $0.00 V = Variable Rate D = Dai REWARDS SUMMARY Previous Points Balance 0 Points Earned 0 Points Ad'usted 0 Points Redeemed 0 Ending Points Balance 0 Page 3 of 4 Account: """ * ' ""`* ' *"* 2259 Your New Statement: Clear. Concise. Easy to read. Clear. Statements are written in everyday language that you'll be able to read and understand. They show you how much you've spent, how much you owe, when you owe it and how long it will take you to pay it off. Concise. The information is "bucketed" into sections that make it easy to find what you're looking for and is written in normal, everyday language. Easy to read. The words themselves are in a large and easy -to -read typeface. ---------------------------------------------------------------------------------------------------------- Summary of Account Activity Monthly account activity- payments, credits, fees, and interest charged Transactions Account Number /Contact Information Clearly see the activity that occurred to Payment Information create your monthly balance: purchases, Your balance, minimum payment and due date payments and credits, fees and interest p Y for the billing cycle Payment Calculator An estimated time it will take to pay off your balance when making the minimum payment and how much you should Promotions Section lay each month to pay off your balance in 36 months Customer-friendly summary with promotions listed in order Account Staterm of s. Na,aawtre9 ane anarws,mo. •. NI.• . of expiration �, cuetomterServDO «> »>- -<c< sears H Pv _ T > 4'M ® Segue ldasEstC9rrl' Account Numberc.999999999999 r9'9! l Account Inquiries: J -_ �. : 1 - 900. 999 - 9999 Plastic Ntember•;' "999999969999 199! Summary of Account Activity Paymant Information — M ' Prev cua _9elririce 59.999.999.99 Nw Balance - 39.999,988.99 �:! Pa lanes _ -59,999,999.99 Minmum Payment Due ....... _ .. - 59,999.999.99 Otha:Gndits - 59.999.999.99 .. ..'.; M Purchases � .. .,.` ... Payment Due Date Month DD, YYYY _ r Cash Advances '- 59999,999.99 Late Payment Waning: It ve do nut receive yna'mmlmmr paymwrl Feea Charged +59,999;999.Bg W the date Imo,d atr,Ne, ywl may Iwve lu pay a late tee up 1053.5. Interest Cha .. §9998999.88 hTrlimum PeymeM Waning: hyou make only tha nnrnrrm paymer _-- Nary Bdanca 59,999,899.98 each r e d. yore •AdI Pay more in inw-1 and it uil take "i longs to !2 Pest Due Amtoum ® ,:. ..: ..9. 999899 99 . �. .., Pay nn your twlarre. hu exampb: ... ... 5. Credit L-it 59'899,99999 ItvT malcessartrFaggadd�a a) -.N x9pav rll:fw Arrd.q'r u. IV . .. .... .... 9�9 AvalahlBGedt 59989,99999 "mdmnhlh w,r '�v " !n(nWSOU tl'• 'rt ' M C1 .I d _ Cash Advance Llmit :59,999999.99 - , ,ri $,.,omens H lu vnars 39a9.9%M - _ _— — - - Cash ..... - ... Usti. .'� Available Cash Umn 39999.99999 - .. Amount ver O sing ate S 39,999.99999 _ ' 5999:.x. .7 vrzn RAI95acT1ONS (Pam- �-- -- --� Statement Closing Date - MMIDDIMIr n D`ah D:•9rlpwn _ .. awgs= 5999.999 .ncP ::...fn "F'T ..e MV1•FPEEJ_e ?c. m'' _ NeM Statemem Closing Date MM /DD_/_Y_Y_YY 9�`'roi+ll. r, :. uor> ebor«cdcan R,fiE,RV6R D sin Biin C nu Dd ... 98 .: . . �a :rDV PP LIEnt -MNI 395 " "w nvvr 4a�, nP'+ n. 6• .ral..alaa�n59999nI�1t;MM /DD/rV l.tv_�] fat <+.I r .ast. r] �,_,, 'AVID➢ CT -H: V:,pC Z TRANSACT IONS z _ Z Trans O•h DeserlAeon _ ':- peferenee• InvOleel Ameunt r.1rArG� .., ??959 Z —zz I� Z LATE Ard'JD RETVH`I CIiILK t X32 VMTU MiNrVUM SS FO 'E j TOTN -FEES FOR %S9FPIDD Y CNaa°EO :..:. ' INTER _ ____ pVRCR ':. A'M.'GG sl1:REST CRAROI ON M'DD rY'EN'e5'CH/�R310� V 'CPS gLP100IGE^, ... ::. ..... tOTAL ItRFAEST FnR THIS PERIOD v ;Tdesraet ° %99$99999 Original Transaction Amount ror ET: YYy " '"@9999999 in Y1"ry Allows you to reference the 9 Chargr D e New i G �� P avlAU+ paced to ,�' p yap °° , original purchase amount z °ri Tars 0m� CIO �- CI' °�. BWMO r5n 5 ". PAN ° - — ter° u^ �` Y New Promotion Balance Awe �•IAPw ep "' Keep track of the amount of the ! )etweatd i9e: ti. Aenubl PeieMteg�.Ras11,PRi :'.- 0$lanaa 4rbleC loiMpreA Ri!<a' �`: r,,,,ERESTCHAN°E�L°,,,n°" original promotional purchase .., .. - 59 999 999 99 _ which remains unpaid . " 59,9999 59979.999. -... J PURCHASES ...- ... 99999 °a (M) _ _. 59.999.9 - 9. 9 99 f999 i REGULAR .. 999.99-y• 1 ) .99,. � . M .: MMIDDIYY... 59.999.93 .., . ... RLGULAR ON OR BEf-0FiE 699%%(M) IVS _ ... $9.999.999 99 . 59. .. " PROMOTIONAL 6ALN:CF 1 , - .. 0.999 i 999 99' IM) .... _ 99 . ANOE 2 PROAIOT!ONAL OAt ..... - ... 59.939.99999 ... .. .:: � � 59.999.99999 ... - ' - CASHADVANCES .- -- ri9999`e 1M1 "" '" $9999.99 59 999,999 99 . .. 99 Page 4 of 4 Account Statement Send Notice of Billing Errors and Customer Service Inquiries to: Customer Service: SEARS C RE DITCARDS sears Box searscard.com 6282 Sioux Falls SD 57117 -6282 Sears MasterCard Account Inquiries: 1- 800 -669 -8488 Account.Number : '5121 0719:6204 2258 Summa of Account Activity Payment Information Previous Balance $4,392.30 New Balance $4,507.31 - Payments -$0.00 Minimum Payment Due $514.62 Other Credits -$0.00 Payment Due Date October 16, 2011 Purchases +$0.00 Cash Advances +.$0.00 Late Payment Warning: If we do not receive your minimum payment by the Fees Changed +$35.00 date listed above, you may have to pay a late fee up to $35. Interest Charged +$80.01 Minimum Payment Warning: If you make only the minimum payment each New Balance $4,507.31 period, you will pay more in interest and it will take you longer to pay off your balance. For example. Past Due Amount $353.61 1ff, you make irto addrtit nal You Wilk pay off ihs And you will charges using this card' balance shotnin on this end up paying an Credit Limit $0.00 and each month 'you pay,: statement in -'about estimated total_ Available Credit $0.00 Cash Advance Limit $0.00 Only the minimum payment 24 years $11,043 Available Cash Limit $0.00 $170 3years $6,133 Amount Over Credit Limit $0.00 (Savings = $4,910) Statement Closing Date 09/19/2011 If you would like Information about credit counseling services, call 1 -877- 337 -8188. Next Statement Closing Date 10/20/2011 Days in Billing Cycle 31 Your account is seriously past due. Amount past due is shown above. Arrangements for future payments should be made immediately. TRANSACT IONS Trans Date Description Reference # Amount FEES 09/16 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD $ 35.00 INTEREST CHARGED 09/19 INTEREST CHARGE ON PURCHASES $ 80.01 TOTAL INTEREST FOR THIS PERIOD $ 80.01 Things happen and sometimes you can get behind on your account. That's when we can help. Life is unpredictable and sometimes, even with the best intentions, you can get behind on your account. We understand that and want you to know that we are here to assist you in bringing your account up to date. We're here to help with solutions for you to consider. Let us work with you to find a solution that may help you bring your account current. » Call 1 866 - 9054 today. 8 ME 12 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 of 4 This Account is Issued by Citibank, N.A. ----------------------------------------------------------------------------------------------------------------------------- + Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records. + Sears MasterCard" Make Checks Payable to: SEARS CREDIT CARDS t Past Due Amount is included in the Minimum Payment Due. Your :Accounrt:Number =' Payment Due Date New Balance Past Due Amountt Minimum Payment Due Amount Enclosed 5121`071962042259; OCTOBER 16, 2011 $4,507.31 $353.61 $514.62 $ SAVE STAMPS, TIME... AND TREES! Visit Account Online and register now for Online Bill Pay, Paperless Statements and More. 021 5121071962042259 0450731 0051462 0006000 121 000 6 SEARS CREDIT CARDS PO BOX 183082 KELLI R BURKEY COLUMBUS, OH 43218 -3082 8 W PINE ST ENOLA, PA 17025 -2828 Pdnt address changes above in blue or black ink. Information About Your Account. You must notify us of any potential errors in writing. You may call us, but if How to Avoid Paying Interest on Purchases. Your payment due date is at you do we are not required to investigate any potential errors and you may least 25 days after the close of each billing cycle. We will not charge you any have to pay the amount in question. interest on purchases if you pay your New Balance by the payment due date While we investigate whether or not there has been an error, the following each month. This is called a grace period on purchases. If you do not pay the are true: New Balance in full by the payment due date, you will not get a grace period We cannot try to collect the amount in question, or report you as on purchases until you pay the New Balance in full for two billing cycles in a delinquent on that amount. row. We will begin charging interest on cash advances and balance transfers The charge in question may remain on your statement, and we may (if available on your account) on the transaction date. continue to charge you interest on that amount. But, if we determine that If you have a balance subject to a deferred interest promotion and that we made a mistake, you will not have to pay the amount in question or any promotion does not expire before the payment due date, that balance (the interest or other fees related to that amount. "excluded promotional balance ") is excluded from the amount you must pay While you do not have to pay the amount in question, you are responsible in full to get a grace period. However, you must still pay any separately for the remainder of your balance. required payment on the excluded promotion. In billing cycles in which We can apply any unpaid amount against your credit limit. payments are allocated to deferred interest balances first, the deferred interest balance will be reduced before any other balance on the account. Your Rights if You Are Dissatisfied With Your Credit Card Purchases However, you will continue to get a grace period on purchases so long as you If you are dissatisfied with the goads or services that you have purchased pay the New Balance less any excluded promotional balances in full by the with your credit card, and you have tried in good faith to correct the problem payment due date each billing cycle. with the merchant, you may have the right not to pay the remaining amount In addition, certain promotional offers may take away the grace period on due on the purchase. purchases. Other promotional offers not described above may also allow you To use this right, all of the following must be true: to have a grace period on purchases without having to pay all or a portion of 1. The purchase must have been made in your home state or within 100 the promotional balance by the payment due date. If either is the case, the miles of your current mailing address, and the purchase price must have promotional offer will describe what happens. been more than $50. (Note: Neither of these are necessary if your How We Calculate Your Balance Subject to Interest Rate. We use a daily purchase was based on an advertisement we mailed to you, or if we own balance method (including current transactions) to calculate interest the company that sold you the goods or services.) charges. To find out more information about the balance computation 2. You must have used your credit card for the purchase. Purchases made method and how the resulting interest charges were determined, contact us with cash advances from an ATM or with a check that accesses your credit at the Account Inquiries number on the front. card account do not qualify. Balance Transfers. Balance transfer amounts are included in the 3. You must not yet have fully paid for the purchase. "Purchases" line in the Summary of Account Activity (if balance transfers are If all of the criteria above are met and you are still dissatisfied with the available on your account), purchase, contact us in writing at the Billing Errors address shown on the Transaction Date. The Transaction Date shown on the statement is also the front. Sale Date. While we investigate, the same rules apply to the disputed amount as Credit Reporting Disputes. If you think we reported inaccurate information discussed above. After we finish our investigation, we will tell you our to a credit bureau write us at the Customer Service address shown on the decision. At that point, if we think you owe an amount and you do not pay front. we may report you as delinquent. Report a Lost or Stolen Card Immediately. Call the Account Inquiries Important Payment Instructions. number shown on the front. Crediting Payments. If we receive your payment in proper form at our What To Do if You Think You Find a Mistake on Your Statement processing facility by 5 p.m. local time there, it will be credited as of that day. If you think there is an error on your statement, write to us at the Billing A payment received there in proper form after that time will be credited as Errors address shown on the front. 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 In your letter, give us the following information: is not in proper form or is not sent to the correct address. The correct • Account information Your name and account number. address for regular mail is the address on the front of the payment coupon. Dollar amount The dollar amount of the suspected error. A payment made in -store is not sent to the correct address. The correct Description of Problem If you think there is an error on your bill, address for courier or express mail is the Express Payments Address shown describe what you believe is wrong and why you believe it is a mistake. below. You must contact us within 60 days after the error appeared on your statement. EM SMC /TGI /SCC /SCP /HIPs 08/fl TO 1238 -5300- 0017- 9- E -40 -D- 10/01/07- 90-- B -0- -6- 402- 0- 0- SRSCH520• -- 04/30/11 -GABB- August 19, 2011 -R Proper Form. For a payment sent by mail or courier to be in proper form, Pay by Phone Service. You may use this service any time to make a you must: payment by phone. You will be charged $14.95 if a representative of ours Enclose a valid check or money order. No cash, gift cards, or foreign helps expedite your payment. Call by 5 p.m. Eastern time to have your currency please. payment credited as of that day. If you call after that time, your payment Include your name and account number on the front of your check or will be credited as of the next day. We may process your payment money order. electronically fter we verify y your identity. If you send an eligible check with this payment coupon, you authorize us Express Payments. You can send payment by courier or express mail to to complete your payment by electronic debit. If we do, the checking the Express Payments Address. This address is: Payments Department, account will be debited in the amount on the check. We may do this as 1500 Boltonfield Street, Columbus, OH 43228. Payment must be received soon as the day we receive the check. Also, the check will be destroyed. in proper form at the proper address by 5 p.m. Eastern time to be credited Copy Fee. We charge $3 for each copy of a billing statement that dates back as of that day. All payments received in proper form at the proper address 3 months or more. We add the fee to the regular purchase balance. We waive after that time will be credited as of the next day. 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 the web address on the front and sign up for 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. If we receive your request to make an online payment after that time, we will credit your payment as of the next day. For security reasons, you may be unable to pay your entire New Balance with your first online payment. Page 2 of 4 Account: * * ** * * ** * * *" 2259 2011 >7otals'Yeawto Date Total Fees Charged in 2011 $60.00 Total Interest Charged in 2011 $206.11 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Batanc`. i►nnyal ['rcantaage Rate (AP�i} bi alane..su ectto 1rtt�rst Rate '- tntersst Otiarge . PURCHASES REGULAR 21.24% (D )(V) $4,435.36 $80.01 CASH ADVANCES REGULAR 26.24% (D )(V) $0.00 $0.00 V = Variable Rate D = Dai REWARDS SUMMARY Previous Points Balance 0 Points Earned 0 Points Adjusted 0 Points Redeemed 0 Ending Points Balance 0 Page 3 of 4 Account: * * ** *" ** * * ** 2259 Page 4 of 4 Account Statement Send Notice of Billing Errors and Customer Sernce Inquiries to: 6 Customer Service: SEARS CREDIT CARDS sears searscard.com PO Box 6282 Sioux Falls, SD 57117 6282 Sears MasterCard © Account Inquiries: 1 -800- 669 -8488 Account Number 5121071% 6204,2259?. Summary of Account Activity Payment Information Previous Balance $4,507.31 New Balance $4 Payments -$0.00 Minimum Payment Due $678.74 Other Credits -$0.00 Payment Due Date November 16, 2011 Purchases +$0.00 Cash Advances +$0.00 Late Payment Warning: If we do not receive your minimum payment by the Fees Char ed +$35.00 date listed above, you may have to pay a late fee up to $35. Interest Charged +$82.12 Minimum Payment Warning: If you make only the minimum payment each New Balance $4,624.43 period, you will pay more in interest and it will take you longer to pay off your balance. For example Past Due Amount $514.62 If you make nc additional: You wllk pay off the And you wit/ charges uslrtg this c2rd balance shown on this: end up paying an Credit Limit 0.00 and each month; ou a Available Credit 0.00 y p Y ; statarria in_about estimated fota(:of , Cash Advance Limit $0.00 Only the minimum payment 24 years $11,085 Available Cash Limit $0.00 $175 3 years $6,293 Amount Over Credit Limit $0.00 (Savings = $4,792) Statement Closing Date 10/20/2011 If you would like information about credit counseling services, call 1- 877 - 337 -8188. Next Statement Closing Date 11/18/2011 Days in Billing Cycle 31 Your account is seriously past due. Amount past due is shown above. Arrangements for future payments should be made immediately. You may pay all or part of your account balance at any time. However, you must pay, by the payment due date, at least the minimum payment due. TRANSACTIONS Trans Date Description Reference # Amount FEES 10/16 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD $ 35.00 8 ME 12 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 of 4 This Account is Issued by Citibank, N.A. ----------------------------------------------------------------------------------------------------------------------------- + Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records. + Sears MasterCard" Make Checks Payable to: SEARS CREDIT CARDS 1 Past Due Amount is included in the Minimum Payment Due. You, Account Number Payment Due Date New Balance Past Due Amountt Minimum Payment Due Amount Enclosed 5.121 W1.9 6264 NOVEMBER 16, 2011 $4,624.43 $514.62 $678.74 $ . Visit Account Online and register no for Online Bill Pay, SAVE STAMPS, TIME... AND TREES! Paperless Statements and More - 021 5121071962042259 0462443 0067874 0006000 121 000 8 SEARS CREDIT CARDS PO BOX 183082 KELLI R BURKEY COLUMBUS, OH 43218 -3082 8 W PINE ST ENOLA, PA 17025 -2828 Print address changes above in blue or black ink. Information About Your Account. You must notify us of any potential errors in writing. You may call us, but if How to Avoid Paying Interest on Purchases. Your payment due date is at you do we are not required to investigate any potential errors and you may least 25 days after the close of each billing cycle. We will not charge you any have to pay the amount in question. interest on purchases if you pay your New Balance by the payment due date While we investigate whether or not there has been an error, the following each month. This is called a grace period on purchases. If you do not pay the are true: New Balance in full by the payment due date, you will not get a grace period We cannot try to collect the amount in question, or report you as on purchases until you pay the New Balance in full for two billing cycles in a delinquent on that amount. row. We will begin charging interest on cash advances and balance transfers The charge in question may remain on your statement, and we may (if available on your account) on the transaction date. continue to charge you interest on that amount. But, if we determine that If you have a balance subject to a deferred interest promotion and that we made a mistake, you will not have to pay the amount in question or any promotion does not expire before the payment due date, that balance (the interest or other fees related to that amount. "excluded promotional balance ") is excluded from the amount you must pay While you do not have to pay the amount in question, you are responsible in full to get a grace period. However, you must still pay any separately for the remainder of your balance. required payment on the excluded promotion. In billing cycles in which We can apply any unpaid amount against your credit limit. payments are allocated to deferred interest balances first, the deferred interest balance will be reduced before any other balance on the account. Your Rights if You Are Dissatisfied With Your Credit Card Purchases However, you will continue to get a grace period on purchases so long as you If you are dissatisfied with the goods or services that you have purchased pay the New Balance less any excluded promotional balances in full by the with your credit card, and you have tried in good faith to correct the problem payment due date each billing cycle. with the merchant, you may have the right not to pay the remaining amount In addition, certain promotional offers may take away the grace period on due on the purchase. purchases. Other promotional offers not described above may also allow you To use this right, all of the following must be true: to have a grace period on purchases without having to pay all or a portion of 1. The purchase must have been made in your home state or within 100 the promotional balance by the payment due date. If either is the case, the miles of your current mailing address, and the purchase price must have promotional offer will describe what happens. been more than $50. (Note: Neither of these are necessary if your How We Calculate Your Balance Subject to Interest Rate. We use a daily purchase was based on an advertisement we mailed to you, or if we own balance method (including current transactions) to calculate interest the company that sold you the goods or services.) charges. To find out more information about the balance computation 2. You must have used your credit card for the purchase. Purchases made method and how the resulting interest charges were determined, contact us with cash advances from an ATM or with a check that accesses your credit at the Account Inquiries number on the front. card account do not qualify. Balance Transfers. Balance transfer amounts are included in the 3. You must not yet have fully paid for the purchase. "Purchases" line in the Summary of Account Activity (if balance transfers are If all of the criteria above are met and you are still dissatisfied with the available on your account). purchase, contact us in writing at the Billing Errors address shown on the Transaction Date. The Transaction Date shown on the statement is also the front. Sale Date. While we investigate, the same rules apply to the disputed amount as Credit Reporting Disputes. If you think we reported inaccurate information discussed above. After we finish our investigation, we will tell you our to a credit bureau write us at the Customer Service address shown on the decision. At that point, if we think you owe an amount and you do not pay front. we may report you as delinquent. Report a Lost or Stolen Card Immediately. Call the Account Inquiries Important Payment Instructions. number shown on the front. Crediting Payments. If we receive your payment in proper form at our What To Do if You Think You Find a Mistake on Your Statement processing facility by 5 p.m. local time there, it will be credited as of that day. If you think there is an error on your statement, write to us at the Billing A payment received there in proper form after that time will be credited as Errors address shown a the front. 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 In your letter, give us the following information: is not in proper form or is not sent to the correct address. The correct • Account information Your name and account number. address for regular mail is the address on the front of the payment coupon. Dollar amount The dollar amount of the suspected error. A payment made in-store is not sent to the correct address. The correct Description of Problem If you think there is an error on your bill, address for courier or express mail is the Express Payments Address shown describe what you believe is wrong and why you believe it is a mistake. below. You must contact us within 60 days after the error appeared on your statement. EM SMC /TGI /SCC)SCP /HIPS 08/fl T 01206 - 12 38 -5300- 0017- 9- E -40 -D- 10/01/07- 90-- B -0- -7- 402 .0- 0- SRSCH520 - -- 04/30/11 -GABS- September 19, 2011 -R Proper Form. For a payment sent by mail or courier to be in proper form, Pay by Phone Service. You may use this service any time to make a you must: payment by phone. You will be charged $14.95 if a representative of ours Enclose a valid check or money order. No cash, gift cards, or foreign helps expedite your payment. Call by 5 p.m. Eastern time to have your currency please. payment credited as of that day. If you call after that time, your payment Include your name and account number on the front of your check or will be credited as of the next day. We may process your payment money order. electronically after we verify your identity. If you send an eligible check with this payment coupon, you authorize us Express Payments. You can send payment by courier or express mail to to complete your payment by electronic debit. If we do, the checking the Express Payments Address. This address is: Payments Department, account will be debited in the amount on the check. We may do this as 1500 Boltonfield Street, Columbus, OH 43228. Payment must be received soon as the day we receive the check. Also, the check will be destroyed. in proper form at the proper address by 5 p.m. Eastern time to be credited Copy Fee. We charge $3 for each copy of a billing statement that dates back as of that day. All payments received in proper form at the proper address 3 months or more. We add the fee to the regular purchase balance. We waive after that time will be credited as of the next day. 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 the web address on the front and sign up for 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. If we receive your request to make an online payment after that time, we will credit your payment as of the next day. For security reasons, you may be unable to pay your entire New Balance with your first online payment. Page 2 of 4 Account: *' *" * * ** * * ** 2259 TRANSACTIONS (cont.) Trans Date Description Reference # Amount INTEREST CHARGED 10/20 INTEREST CHARGE ON PURCHASES $ 82.12 TOTAL INTEREST FOR THIS PERIOD $ 82.12 2011! Totals Yea.. o Date Total Fees Charged in 2011 $95.00 Total Interest Charged in 2011 $288.23 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type d,BaFance ": Annt{af;Percetftagi Rate.(APFi} j g < `Balan���Sari eft tointer�stR�te ` ' _ ; •. Iltetrest Chet' PURCHASES REGULAR 21.24% (D )(V) $4,552.51 $82.12 CASH ADVANCES REGULAR 26.24% (D )(V) $0.00 $0.00 V = Variable Rate D = Dai REWARDS SUMMARY Previous Points Balance 0 Points Earned 0 Points Adjusted 0 Points Redeemed 0 Ending Points Balance 0 Page 3 of 4 Account: * * ** * * ** * * ** 2259 Page 4 of 4 EXHIBIT B CERTIFICATE OF PURCHASE 1, MON TE ARMSTRONG hereby depose and state that: 1. 1 am an Authorized Agent of CACH, LLC, a Colorado Limited Liability Company. 2. As such, I am authorized to give this Certificate, and possess sufficient personal knowledge to do so regarding: Customer Name: KELLI R BURKEY Original Creditor: Citibank South Dakota, N.A. Account Number: 5121071962042259 3. On or about November 17, 2011 this account was sold by the creditor. CACH, LLC is the current owner of the account and purchased the account for good and valuable consideration. Date: By: Sworn and subscribed to before M is day of OCT 1 2 &;013 N tai Public LANESSA AGUIRRE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124035313 MY COMMISSION EXPIRES JUNE 18, 2016 Comocsec 1JY. S�1ShlZA1�41GI�IJ rID! I1101IST1&%&iPMB1 dxtm M 1D-- I I10115T1 SP41EMBI BILlv_l1�.1�1� ASSjGm Tim BrLri- OF SALE AND ASSi'Uih- MENTT, diLmd November 21, 2011.. is by Citibank, N.A., a : mmon-al bmnkmg msocrstian orgm Lmd wmkr Ow Laws of the UalbEd Sut", lvratad at 341 J 6Dth Sheet Noeth, Siowt FaHs, 9D 37117 (1=-'EWkk ") to CALK L.LC, orSanaaod uacbarthe laws of the Colamla, with its brs4quarte*groncipal pLacz of btainew at 4W S. Moaaw, 2" Fl., i Dcaw CO 8073 {^Buyer" }. �. Fie value receAved and sub -t to tfie umis and mnditim eo( the Fwd and Sale: Agmoneot 440md Auga i 17, 201 1, bmwrm Ru)= and Ow Bank (di,c "Avmemar t "), the Baulk does hen" trsnsEQ m0l usip. 4mttvcy, paTM4 bftph set over t d s1;e9iver to $wycr, acrd tO BayW$ i sumason and m the Accowats dewlmd in E%Nbit l and the Fkul dectmnic file. 1 C11ftItk. N,A. BF. {�ignetiu�� r' i Num. tlkn cia Hall „ Tide: Finafl . Acmum Mgog r - 1 PACIA lL£VrI 7l1 dm 2—'7 Ie I AFFIDAVIT STATE OF MISSOURI COUNTY OF PLATTE Account Holder. KELLI R BURKEY Account XXXX- XXXX -XXXX -2259 SSN/EIN/TIN #: xxx -xx -1378 Tina Weed The undersigned, _ _ ___ _ _ _ _ being duly sworn, states.and deposes as follows: 1. I am an employee of Citibank, N.A. ( "Citibank ") located at 7920 NW 116th Street, Kansas City, MO 64153,.and am authorized to make the statements and representations herein.. My job responsibilities include maintaining and recording infofmatidh in Citibank's'records as they relate to.credit cards owned by Citibank. This includes accounts previously owned_ by Citibank (South Dakota), N:A., which merged into Citibank in or about July 2011. The statements set forth in this affidavit are true and correct to the best of my knowledge, information, and belief based on either personal knowledge or review of the business records of Citibank. 2. My duties.include having knowledge of, and access to, business records relating to the Citibank account referenced above. These records are kept by Citibank in the regular-course of business and it was in the regular course of business of Citibank,for an employee: or representative with personal knowledge of the:act, event, condition, or opinion recorded to make memorandum or records or to transmit information thereof to be included in such memorandum or'records; and that the records were made at or near the time of the act and /or event recorded or reasonably soon thereafter. 3. That Citibank, in the regtilar course of business, provides various credit card, processing. services, including causing to be sent to customers periodic billing.statements reflecting true and accurate activities on the customers' respective account(s) (other than months in which no.statement may have been required by law). 4. That the records of Citibank indicate that account ending XXXXOM.X- XXXX -2259 was opened on, or acquired by Citibank on, 10/28/2007 (Account).. The account holder's name at time of electronic transmission was KELLI R IIURKEY, with a Social Security Number, Employer Identification Number, and/or Taxpayer Identification Number ending: icxx -xx -1378. 5. That the records of Citibank indicate that as of the the Account was sold,, there was due and payable on the Account $4,624.43. To the best of my knowledge, information and belief there were no uncredited payments owed to the Account. 6. That the records of Citibank indicate that the last payment received on the Account by Citibank posted to the acco0ht on 7/15/2011. 7. That the records of Citibank indicate that the Account was sold to CACH,. LLC on or about 11/21/2011 and Citibank retained no ownership interest in the account after it was sold. FURTHER AFFIANT' SAYETH NOT. Dated this 0Z. t day of .2012 by CZ��4�� Citibank, N.A. J Tina Weedin Subscribed and sworn to before me this day of . 012 by - - - - an employee of Citibank N.A. JEMNA TAU � Pubilo - NotaiY S� . ot Missouri Gbmmbsionedtor Gay. countyr.. Nly l: mm sgn Eicp# : es Jan - 28, 2014 Notary Public Cbmmissiori l Number: 10927205 . (Notary Stamp/Seal) My Commission Expires: EXHIBIT C l i two or more persons may not be joined or consolidated In the statement or on the bark of your card. You can also call local bit 'at the automatic payment is scheduled to occur. same arbitration. ion. However, applicants, co-applicants, authorized or toll-free Directory Assistance to get our telephone number. Your Rights and Our Responsibilities After We Receive users on a single account and/or related accounts, or corporate affiliates are here considered as one person. Your Written Notice. We must acknowledge your letter within 30 days, unless we have CARD AGREEMENT When Is an arbitration award final? The arbitrator's award corrected the ermr by then. Within 90 days, we must either cor- is final and binding on the parties unless a party appeals it in rect the error or explain why we believe your account statement This Card Agreement is your contract with us. It governs writing to the arbitration firm within fifteen days of notice of was correct. After we receive your letter, we cannot try to collect Ken Stork Citibank (South Dakota), N-4. the use of your card and account The Supplemental Pricing the award. The appeal must request a new arbitration before President & CEO P.O. Box 6000 any amount ou question, or report your account as delinquent. Information ("Supplement is part of this Agreement. Please a panel of three neutral arbitrators designated by the same Sioux Falls SO 57117 �r We can conti to bill you for the amount you question, Includ- read this Agreement, including ing the Supplement, carefully. arbitration firm. The panel will consider all factual and legal , 2 Ing fine= charges, and we can apply any unpaid amount Keep both for your records. issues anew, follow the same rules that apply to a proceeding against your credit line. You do not have to pay any questioned using a single arbitrator, and make decisions based on the Spanish Language Translation amount while we are investigating, but you are stiff obligated to FACTS ABOUT RATES AND FEES vote of the major Costs will be allocated In the same way As a customer service, we will provide you with a copy of this pay the parts of your balance that are not In question. This Is a summary of rates and fees on your account they are allocated 7,.r arbitration before a single arbitrator. - Agreement in Spanish upon your request and for your con- i If we find that we made a mistake on your account statement, Please see the related sections of this Agreement An award by a panel Is final and binding on the parties after venlence. To obtain such a copy, write to us at P.O. Box 6275, you will not have to pay any finance charges related to any re co for more information. fifteen days has passed. A final and binding award Is subject Sioux Falls, SD 57117, or call us at 1-800-669-8488. questioned amount If we didn't make a mistake, you may to judicial review and enforcement as provided by the FAA or Como un servicio a nuestros clientes. leprovearemos vita have to pay finance charges, and you will have to make up RATES—FINANCE CHARGES other applicable low. copia do este Acuerdo on espahol si usted ash to solicits. nts an the questioned amount. In either Purchase and Cash Access APRs. See Supplement All APRs Survival and Severability of Terms Para obtener dicha copla, puede escribirnos of P.O. Box 6275, any a statement of the amount you owe based on the Prime Rate may vary each billing cycle. This arbitration provision shall survive: (I) termination or Sioux Falls, SD 57117, o llamamos a] 1-800-669-8488, y and the date it is due. Default APR. See Supplement. The default APR equals the changes in the Agreement, the account or the relationship solicitor Una versidn en espafiol do este Acuerdo. If you fail to pay the amount that we think you owe, we may greater of (1) the Prime Rate plus up to 23.99% or (2) UP to between you and us concerning the account; (if) the bank- report you as delinquent. However, If our explanation does 29.99%. All APRs may automatically increase to the default APR ruptcy of any party; and (!if) any transfer, sale or assignment not satisfy you and you wife to us within 10 days telling us if you do not make the minimum payment when due, go over of your account, or any amounts owed an your account, to What To Do ff There's An Error In Your Bill. that you still refuse to pay, we must tell anyone we report you the credit line, or make a payment to us that is not honored. any other person or ent If any portion of this arbitration to that you have a question about your bill. And, we must tell Minimum Finance Charge. $2. provision Id or unenforceable, the entire Your Billing Rights. Keep This Notice For Future Use. you the name and address of anyone to whom we reported arbitration provision shall not remain in force. No portion of This notice contains important information about your rights your account Information. We must tell anyone we report TRANSACTION FEES—FINANCE CHARGES this arbitration provision may be amended, severed or waived and our responsibilities under the Fair Credit Billing Act you to that the matter has been settled between us when it Cash Access and Balance Transfer Fee. 3% of each transac- absent a written agreement between you and us. Notify Us In Casa of Errors or Questions About Your Bill, is finally settled. lion; $5 minimum. Governing Law and Enforcing our Rights If you think your account statement is wrong, or if you need If we don't follow these rules, we can't collect the first $50 Foreign Purchase Fee. 3% of the U.S. dollar amount of each Governing Law. Federal law and the law of South Dakota, more information about a transaction on your account state- of the questioned amount, even if your account statement purchase made outside the U.S., whether made In U.S. dollars where we are located, govern the terms and enforcement of ment, write to us (on a separate sheet) as soon as possible at was correct. or In a foreign currency. this Agreement. the address provided in the Billing Rights Summary portion Special Rule for Credit Card Purchases. OTHER FEES an the back of your statement. We must hear f rom you no Enforcing this Agreement. We will not lose our rights under later than 60 days after we sent you the first statement on If you have a problem with the quality of property or services Late Payment Fee. $15 on balances up to $50; $39 on this Agreement because we delay in enforcing them or fail to which the error or problem appeared. You can telephone us, that you purchased with a credit card, and you have tried In balances of $50 and over. enforce them. but doing so will not preserve your rights. good faith to correct the problem with the merchant you may Collection Costs. To he extent permitted by law, you are In have the right not to pay the remaining amount due an the Over-the-Credit-Line Fee. $39. your letter, give us Me following Information: property or services. There are two limitations on this right: Returned Payment Fee. $39. liable to us for our legal costs It we refer collection of your • Your name and account number. • You must have made the purchase in your home state or. account to a lawyer who is not our salaried employee. These • The dollar amount of the suspected error. Returned Convenience Chad Fee. $39. costs may Include reasonable attorneys' fees. They may also • Describe the error and explain, If you can, wh you if not within your home state, within 100 miles of your Stop Payment on Convenience Check Fee. $39. include costs and expenses of any legal action. y current address; and believe there is an error. If you need more Information, - The purchase price must have been more than $50. When can we change the rates, fees, and terms of this Assignment. We may assign any or all of our rights and describe the Item you are unsure about. ' mesa • limitations do not apply if we own or operate the Agreement? We may change the rates, fees, and terms of merchant, or if we mailed you the advertisement for the this Agreement at any time for any reason. These reasons For Further Information I If you authorized us to pay your credit card bill automatically i property or services. may be based on information In your credit report or general Call us toll-free for further information. Call the toll-free from your savings or checking account, you can slop the market conditions. If the change will cause a rate or fee to in- Customer Service telephone number shown on the account payment on any amount you think Is wrong. To stop the 0 2M Mank (SouLh Dakota), NA crease, you will receive advance notice and a right to opt out. payment you must tell us at least three business days before If you opt out, we will close your account You can then pay the remaining balance under the old rates, fees, and terms. 14 is 18 1 VERIFICATION MONTE ARMSTRONG hereby depose and state that: The language of the foregoing document is that of counsel and not necessarily my own; however, I have read the foregoing document and the factual information contained therein is true and correct to the best of my personal knowledge. I am the Authorized Representative and a duly authorized representative of the plaintiff; The factual allegations set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief, and they are that KELLI R BURKEY owes the balance of $4,624.43 to CACH, LLC on previously submitted invoices, which balance is due and unpaid as if the date of the execution of this Verification. I am aware that if any of the foregoing is willfully false, I am subject to punishment. I understand that false statements made herein are subject to the penalties relating to unswom falsification to authorities. By: Dated: OCT 17 2013 MONTE ARMSTRON Authorized Representative SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Stt9 0 1 .111)Jeri Jody S Smith , Chief Deputy ' g <r 2: Richard W Stewart Solicitor n ?J r'F�5 t _ i Y P E HIxSYLV/H CACH, LLC Case Number vs. Kelli Burkey 2013-7624 SHERIFF'S RETURN OF SERVICE 01/09/2014 06:44 PM - Deputy Jason Kinsler, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be David Burkey, Husband, who accepted as"Adult Person in Charge"for Kelli Burkey at 8 W. Pine Street, East Pennsboro Township, Enola, PA 17025. JASON FS ISL, PUTY SHERIFF COST: $45.41 SO ANSWERS, January 10, 2014 RONNY R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF Cu it 4 6k-2-tlilt-4A COUNTY PENNSYLVANIA CIVIL ACTION- LAW Plaintiff(4( (/ NO. 3- W-t-/ Cf Defendant ek/t4. ?. (//4Zic,(77 • • ANSWER -05. -41 •-r --- 03 I r- rn 1. frf co S L•r-"c--75 •• v.) ■-0 2. /1-11(4 ( 1 3. CA) bd AA) p., // 4. )CAjlrtA 6/4 iti6 (-el/IA/-446r 5. tjñ 07-4-7,444-t—E O OP) 7)-147- 6/4-7E, ( ( 6. (7:.,1,j ircA — priA)(a_ nymii„ty-f-- .77) cjwy; 7. (- -zAJ I - ki().--1 OA/FI / F 71-1-1 /S 0444 4612,,a.,(--(k.4.ii 8. -1)q/L} Cr6 41-0711-P 7-6 (A'77)CAM r ca it/ThilCE C4/144 61 CS) — ,C4W tud , -coic/r;r4ti nol r / 5 9. FrA.) (1-(4114e_ / -7(4)0/11r K1.1 ocyr 10 1' 7W1-7 fr(11/4-6. C ieppid(Atfi- 06,t/e/(A 11. 12. 13. 14. 15. (Add extra paragraphs (and pages) as needed.) WHEREFORE, the Defendant respectfully requests that the Plaintiffs Complaint be f dismissed. 0'17(° ;r - • - (If new matter is to be completed, continue with the next number after the last number of your answer.) NEW MATTER The averments of paragraphs through above are incorporated with this new matter as though fully set forth herein. WHEREFORE, the Plaintiff respectfully requests that the following relief be granted: .li If Counterclaim(s) is\are to be completed, continue with the next number after the last number of your answer. COUNTERCLAIM ONE The averments of paragraphs through above are incorporated with this COUNTERCLAIM as though fully set forth herein. WHEREFORE, the Defendant respectfully requests that the following relief be granted: COUNTERCLAIM TWO The averments of paragraphs through above are incorporated with this COUNTERCLAIM as though fully set forth herein. WHEREFORE, the Defendant respectfully requests that the following relief be granted: Respectfully submitted, , VERIFICATION I hereby verify that the statements made in this Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities.