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HomeMy WebLinkAbout14-6619 K*E E .1" UDreme C .of Pennsylvania ProthonotarySUse yOn�y ,r k* I'l t `.,.,TAN tF' Cq of f 4oln IPlQasNIn �wN�no�t7 [� �. 1 Gt fiv,, �` 'y a�t 2�'t xa �,•., rsi .j.;d, {'a �'- � £-`�,r�fst.wl r,:��A - ,CUMBERlti _ County �, �,�«N r �� �x , ► �, � h w The informatio 'collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: ❑x Complaint ❑ Writ of Summons ❑ Petition ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking =� Lead Plaintiff s Name: Lead Defendant's Name: t MIDLAND FUNDING LLC assignee of CITIBANK USA, ANSELMO BIO JR N.A/THE HOME DEPOT Are money damages requested ® Yes ❑No Dollar Amount Requested: X within arbitration limits (Check One) outside arbitration limits Is this case Class Action Suit? ❑ Yes B No Is this an NMJ Appeal? ❑ Yes® No Name of Plaintiff/Appellant's Attorney:Michael B.Volk,Esq.#88553 ❑ Check here if you have no attorney(are a Self-Represented (Pro Se)Litigant) TORT(do not include Mass Tort) CONTRACT(do not include CIVIL APPEALS ❑ Intentional Judgments) Administrative.Agencies ❑ Malicious Prosecution ❑ Buyer Plaintiff ❑ Board of Assessment ❑ Motor Vehicle 0 Debt Collection: Credit Card 0 Board of Elections ❑ Nuisance ❑Debt Collection:Other ❑ Dept.of Transportation ❑ Premises Liability ❑ Statutory Appeal: Other k ❑ Product Liability(does not include mass tort) ❑ Employment Dispute: ❑ Slander/Libel/Defamation Discrimination ❑ Other: ❑ Employment Dispute: Other ❑ Zoning Board ❑ Other: MASS TORT ❑ Other: ❑ Asbestos ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-.Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law/Statutory Arbitration ❑ Other: ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABILITY ❑ Mortgage Foreclosure:Commercial ❑ Quo Warranto ❑ Dental ❑ Partition ❑ Replevin 0 Legal ❑ Quiet Title ❑ Other: ❑ Medical ❑ Other: 0 Other Professional: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MIDLAND FUNDING LLC assignee of CITIBANK USA,N.A/THE HOME DEPOT I &611 Plaintiff NO. /q— V. CIVIL ACTION -LAW-7 e4'7'1 ANSELMO BIO JR Defendant(s) 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 an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property 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 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. z .� - - C c� =a CUMBERLAND COUNTY BAR ASSOCIATION - -Z —s 32 S BEDFORD ST. rr7 � CARLSILE,PA 17013 r 717 249-3166 -C - C:) C7 :=� y C_- FFG FFG File#381266 I IIIIII VIII(IIII VIII VIII(IIII VIII IIII IIIIIIII VIII III IIII(III qs�" �fJ PA/PA_NTCDE '7T 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MIDLAND FUNDING LLC assignee of CITIBANK USA,N.A/THE HOME DEPOT Plaintiff NO. V. CIVIL ACTION-LAW ANSELMO BIO JR Defendant(s) NOTICIA USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar acci6n dentro veinte (20) dial despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted. Usted es- advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. UN ABOGADO, VAYA 0 LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD ST. CARLSILE,PA 17013 (717)249-3166 FFG File#: 381266 PA/PA_NTCDE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MIDLAND FUNDING LLC assignee of CITIBANK USA,N.A/THE HOME DEPOT 8875 AERO DRIVE STE 200 SAN DIEGO CA 92123 Plaintiff NO. V. CIVIL ACTION - LAW ANSELMO BIO JR 1713 HUMMEL AVE CAMP HILL PA 17011 Defendant(s) COMPLAINT AND NOW, comes Plaintiff,by and through its attorneys,Fulton,Friedman&Gullace,LLP, and files this Complaint and in support avers as follows: 1. Plaintiff is the current owner of,and/or successor to,the obligation sued upon,and was assigned all rights,title and interest to defendant's CITIBANK USA,N.A/THE HOME DEPOT account XXXXXXXXXXXX7841 (MIDLAND FUNDING LLC Number C0141490)(hereinafter"the account"). 2. Upon information and belief,Defendant(s),ANSELMO BIO JR , has a last known address(es) of: 1713 HUMMEL AVE CAMP HILL PA 17011 3. Upon information and belief,the account is based on a written credit agreement entered into between Defendant and the original grantor; as provided to Plaintiff,the material terms of the agreement applicable to accounts issued by CITIBANK USA,N.A/THE HOME DEPOT are attached hereto. 4. Upon information and belief,defendant(s)used or authorized the use of the account to obtain loans from the original credit grantor for the purpose of obtaining goods,and/or services and/or cash advances. 5. Defendant(s)failed to make full payment of the amount owed on the account. 6. Upon information and belief the last payment posted to the account on 05/10/2011. 7. The account shows that the Defendant(s)owe(s)a balance of$1487.21. WHEREFORE,Plaintiff respectfully requests this Honorable Court enter Judgment in favor of the Plaintiff and against Defendant(s) in the amount of$1487.21 ,plus costs of this action,and any other relief as this Court deems just and reasonable. Respectfully Stted, Michael B. Volk, Esq. #88553 Fulton, Friedman& Gullace, LLP 6 Kacey Court, Suite 203 Mechanicsburg, PA 17055 Telephone Number: (866) 563-0809 FFG File#381266 Verification Marycruz Ortiz,being duly sworn(or affirmed) according to law deposes and says that I am employed as a Legal Specialist for Midland Credit Management, Inc. ("MCM"); servicer of this account on behalf of plaintiff. I am a competent person over eighteen years of age, and make these statements herein based upon personal knowledge of those account records maintained on plaintiff§behalf. I am authorized to make this verification on plaintiffs behalf. The facts set forth in the foregoing pleading are true and correct. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. OCT 0 0 2014 Date Marycruz OfTiz GA 1 Y6 Frederick J Hanna&Associates, P.C. Page-2 111111111111111111 oil gil11111111111111111 1111111111111 111111111111111111 11111111111111111111 oil 111111111111111111111111111 8537404949 AFFINDEBT C0141490 Account Statement Send Notice of Billing Errors and Customer Service: Customer Service Inquiries to: myhomedepolaccount.com received d payments must be HOME DEPOT CREDIT SERVICES or 1-866-45858-766 received by 5:00 p.m. Eastern Time PO BOX 653000,DALLAS TX 75265-3000 Account: 7841 JANUARY 26,2010 Closing Date Next Closing Date Credit Line Credit Available Payment Due Date Minimum Payment Due DECEMBER 29,2009 JANUARY 28,2010 $0.00 $0.00 JANUARY 26,2010 $609.00 Opening Balance Payments&Credh$ _ Purchases/Other Charges FINANCE CHARGES New Balance Revolving Balancet $1,410.49 $0.00 L $39.00 1 $37.72 $1,487.21 Promotion Balance $0.00 — $0.00 `T- $000 + $000 = $000 Total Balance $1,410.49 $0.00 $39.00 $37.72 $1,487.21 1 Revolving Balance includes non-promotional transactions plus Promotions that have expired. CURRENT ACTIV17Y Transaction Date LoeationfTransactions Amount Your late fee was based on an account balance of$1,410.49,which was your account balance on the late fee transaction date. SEE BACK OF STATEMENT FOR INFORMATION ON GRACE PERIOD AND PROMOTIONAL OFFERS. 1225 LATE FEE $ 39,00 1229 'BILLED FINANCE CHARGES' $ 3T72 ANNUAL PERCENTAGE RATE on the account:29.99%" The'ANNUAL PERCENTAGE RATE on the account'includes all transaction and periodic finance charges imposed this billing period on all balances on which finance charges were imposed. Finance charges may be accruing on promotional balances and may be billed to your account under the terms of the promotional offer.Referto the corresponding APR for the APR that applies to each balance. FINANCE CHARGE SUMMARY Balance Corresponding Days in Periodic Other Subject to Daily ANNUAL Billing FINANCE FINANCE Finance Charge Periodic Rate PERCENTAGE RATE Period CHARGES CHARGES Current Billing Period REGULAR REVOLVE CREDIT PLAN $1,434.70 0.08216% (M) 29.99% 32 $37.72 - Z m Z 0 iD Z I N Z W Z A Z m Z O OZ O Z Z Z Z Z _ Z This Account Issued by Citibank(South Dakota),N.A. Page 1 of 2 --------------------- ------------------------------- +Please detach here. 6% Your Account Number New Balance Payment Due Date Amount Minimum Amount Past Due Payment Due Enclosed 7841 $1,487.21 JANUARY 26:2010 $517.00 $609.00 $ Make Checks Payable to: HOME DEPOT CREDIT SERVICES KBAVHD1 t 12729/09 258498 A n' HOME DEPOT CREDIT SERVICES A III"I'�IIIIII�I'�I' iIf 11,1,1111111111"1'111"'I'lllll�l�l PO BOX 182676 ANSELMO C BIO JR COLUMBUS,OH 43218-2676 425N WALNUT ST LA HABRA,CA 90631-4642 Print address changes above in blue or black ink. Information About Your Account balances on the Closing Galea and divide by The total number of days in the billing period.This gixes us the • YOUR ACCOUNT IS ISSUED BY CITIBANK(SOUTH DAKOTA),N,A. Balance Subject to P inari a Charge for(hal balance.We figure a podioo of your finance charge on hansac- • BALANCE SUBJECT TO FINANCE CHARGE lions subject to Illi;calculalioa method ter mullipiving flit applicable monthly periodic rate for that balance - TWO-CYCLE AVERAGE DAILY BALANCE(INCLUDING NEW TRANSACTIONS)-Method C.11lhe periodic rat? the finance charge on your account each day by multiplying the daily balance to,, by(Ise Balance Subject to finance Charge(including new transactions). listed in the Finance Charge Summary S coon of this statement is Idle:ved by a"C",we figure a porton 01 AVERAGE DAILY BALANCE(INCLUDING NEW TRANSACTIONS)-Metbod M.it the periodic rate listed lin the r each balance(e.,each finance Charge Summary of this statement is followed by an"M",we use The loffowsng calculation method. Purchase subject to promotional terms,other regular revolve credit plan purchases and other ri pur- lie calculate periodic finance charges sepuately for each balance.Balances include regular purchases and chase plan purchases)by The applicable daily periodic ate.We do this each day d the billing pedal,includ different promotional balances.To get a daily balance,we start with the balance as or the end e1 the previ ing the Closing Date.In additiorL for each balance,we multiply the dally bahar ce for each day of the previ- ous day.Tie add any periodic finance charge on(he previous days balance(This results in daily compound- ous billing period by the applicable daily periodic ate,unless yrour account was credile l far ilio amount (nig of finance charges.)We add any new charges.We then subtract any new credits or payments and mate required to gel the orate period on purdases(described below in the section emitted the Grace Period en other adjustments.A credit balance is treated as a hanance of zero,lye figure the periodic finance charge by Purchases!or aperiodic finance charge was already billed on that balance to gel the daily balance,we lake multiplying the daily balance by its daily psficdic rate.We do lots for each day In Me billing period.The the beginning balance la each balance every day,add any new purchases,tees,and any finance charge on Balance Subject to Finance Charge is the average of the daily balances during the billing period.If you mill- the previous dao balance,Subtract any credits or payments credited as of that day,and make other adjust- the salhis figure for each balance by Its daily periodic nTat ale and by the number of days in the billing period. ments.A credit balance is treated as a balance of zero.The Balances Subject to Finance Charge are the aver ilio result is Int local periodic finance chane on that halauce.Rounding may cause a small difference. ages of the respective daily balances during the applicable bil'.ing periods.11 you mu!tiply the current cycle PROMOTIONS.We may oiler you promotional terms lot all or a part 01214-balances.Any promotional terms Balance Subject to Finance Charge by The number of days in the billing period and by the applicable daily may apply for a limited period of time.Ihey will be governed by the terms of the promotional ol'er and yout periodic ate,and you munfoly the previous cycle balance Subject to France Charge(it currently subject to Card Agreement.!hey may include the No!nleres1.0%.and Iqual Payment Pian offers described below.Your a finance charge)by the number of days in That tilling period and by the applicable daily periodic rate,and promotional term may end it you delaull under the Card Agreement because you do not make the minimum add those two figures together,the result will be the periodic finance charges assessed for that balance, payment when due,go over The credit line,or make a payment to us that is not honored. except for minnr variations caused by rounding • No Interest No finance charges will be imposed on this balance if you pay the balance is lull by the AVERAGE DAILY BALANCE(INCLUDING NEW TRANSACTIONS)-Method H.If the peribdic fate listed in the end of the promotional period.We mil impose finance charges on this balance if you do nal pay the baT- financ?Charge Summary Section of this statement is followed try a"H",we figure a portion of the finance ante in full by the end of(he promotional period or(he promotional terms are terminate d.We will charge on your acounteach day by multiplying file daily balance for each balance(eg.,each purchase sub- Impose these finance charges from the dale of purchase until the balance Is pail in full,The promotion- W to promotional terms,other regular f?varve credt plan purchases and other major purchase plan put- at offer will specify the amount of any minimzhm payfnert required on this balance chases)by the applicable daily periodic rate.We do I his each Gay of the billing period,including the Closing 0%.No finance charges are imposed on this balance during the promotional period.The Promotional Dale.to gel the daily balance,ere lake the beginning balance lot each balance every day,add any new pur- offer will specily file dnrounl Of any minimum payment required on(his balance. chases and any finance charge on the previous day's balance.subtract any credits or payments credited as Equal Payment Plan.this balance will be repaid in equal minimum Payment s,Ihepromotionaloffer-hill of that day,and make other adjustments A credit balance is treated as a balance of zero.The Balances specify the amount of the minimum payment requiredon(his balance. Subject to Finance Charge are the averages of the respective daily balances during the billing period.If you CLOSING DATE.At our dscrelion,This statement may include charges,fees.and payments on the Closing Dale. raulperfloply this lic tare,there for result xa Ih be thece periodic f nonce r of days in the edllor theriodbalance,and y the applicable Clan GRACE PERIOD ON PURCHASES.You car avoid periodic finance charges on purchases.this is called a grace alions caused by rounding periodon purchases.The gate period is at least 20 days.To get the grace period oil purchases,pay the fallow AVERAGE DAILY BALANCE(INCLUDING NEW TRANSACTIONS)-Method T,If The periodic rateItsted in the ogamourhi by Iheduedate every billing period. Finance Charge Summary Section of this statement is followed til art"I",we use the following cahculallofl the New Balance,less any No Interest,0%and Equal Payment Plan balances That expire alter the pap method.to gel the Balance Subject to Finance Charge fur each balance(pg.,each purchase subject to pro- anent due dale,plus notional temu.other regular revolve credit plan purchases and other major purchase plan purchases)we the minimum monthly payments required lot your No Interest.OIA.and Equal Payment Plan balances lake the beginning balance for that balance every day(including financ ce charges imposed in previous Ifflinc that erpfreafter the,payment due dole. periods),add any new purchases,subtract any credits or payme-ills credited as of that day,and make olhei II you do not,you will not 9?I a grace period unless you gay theabove amounts by the due dale for Iwc billing adjustments.A credit balance is treated as a balance of zero.Ibis gives us the daily balance We add up all periods in a rom the daily balances for the billing period(fncludinothe balances on[he Dosing Date)and dvideby[he letter in addition,certain pronotional oilers may take away the oface period on purchases.Other prom.olional offers, number of days in the billing period.This gives us the Balance Subject to Finance Charge for that balance. in addition to No Interest,091 and Equal Payment Plan offers,may also allow you Toeave a grace period on pur- Vie figure a portion of your finance charge on transactions subject to this calculation melhod by multiply- chases without haying to pay all or a portion of the promotional balance by the due date.If either is the case, ing the applicable monthly Deriodic rate for that balance by Ire Balance Subject to finance Charge(includ- the prometionad offer will descrite what happens. Ing new transactionsl. BILLING RIGHTS SUMMARY,In Case of Errors or Questions About Your Bili.If you think your bill is wrong, AVERAGE DAILY BALANCE(EXCLUDING NEW TRANSACTIONS)-Method K.If the periogic rale listed in the or it you need more information about a Iransaclion on yoir bill,write us at the BilEng Errors address on Phis Finance Charge Summary Section of this statement is followed by a"K",we use the following calculation statement as soon as possible.lye must hear from ruff no later then 60 days after we send you the first bi!I on method.To gel the Balance Subject to finance Charge for each balance leg.each purchase subject to pro- which llhe error of pmb!em appeared.You can telephone us,but doing so will not preserve your rights. notional terms,other regular revolve crept plan purchases and other valor purchase plan purchases)we Ir your letter,give us The following information: take the beginning balance for(hat balance every day and subtract any credils or payments credited as of Your name and account number. that day and ami unpaid finance charges lye do not add in any new purchases.A credit balance is treated as a balance of zero.This gives us the daily balance.We add up all The cagy balances for The billing period dile dollar amount of the suspected error, (including the balances on(he Closuhq Dale)and divide by the total numb=,of days in the b;llino period I his Describe the error and explain,it you can why you believe there is an error.II you nerd more information, gives us the Balance Subject toiinanceCharge lot that balance.Weliquteaportion ofyour lmancecharge describe the item you are unsure abrAA.Pleasebesureallcorrespgrdwhceissigned bythe primary cardhokler. on transactions subject 10 This calculation method by multiplying the applicable monthly periodic ale for You do not haveto pay any amount in question while we are investigating.But you are still obllga!ed to pay the Thal balance by the Balance Subject to finance Charge(exdudinq new transactions). pads of your bill that are not in question.Witte we investigate your question,we cannot report you as dela- - AVERAGE DAILY BALANCE(INCLUDING NEW TRANSACTIONS)-Method L.If the periodic rate listed in the quem on the disputed item of take any action to collect the amount you question. Finance Charge Summary Section of Ihis statement is followed by an"L",we use the following calculation Special Rule for Credit Card Purchases.It you have a problem with the quality of goods orservices that you method.To gel the Balance Subject to Finance Change for each balance fee.,each Purchase subject to pro- purchased with a credit card,and you have Tried in gyood lath to correct(he problem with the merchant,you motional terms,other regular revolve credit Draft purchases and other ma�or purchase plan purchases)we may not have to pay the remaining amount due on tf*goods of services You have this protection only when take the beginning baanie for that balance every day,add any new purchases.and subtract any credits or the purchase price is more than 550 and the purchase is made in your home state of within 100 miles of your payments credited as of that day and arry unpaid linance charges.A credit balance is treated asa baance mailing address.(if we own or operate(he merchant,or if we mailed you the advertisement for the property or 01 zero.This gives us the daily balance We add up all the daily balances for the billing period(including the services,ail purchases are covered regardless of amount or location of purchase.) FINANCE CHARGES accrue from the date of purchase at the regular purchase rale in effect from time to time and all accrued FINANCE CHARGES will be added to your Account forthe entire promotional period if qualifying purchases(including premiums for optional credit insurance)are not paid in full before the end of the promotional period or if you fail to mare any required payment on your Account when due or make a payment to its that is not honored.See below for more details. 'With credit approval For qualifying purchases made on The Home Deco!or EXPO Design Center Consumer Credil Card.For accounts in good standing,APRs up 10 26.99%.Delaull APR up to 29.99%. Minimum FINANCE CHARGE:$2.Lower rates may apply.See card agreement for details including when the default rale applies.Oiler is only valid for consumer accounts and is subject to change without notice. IMPORTANT PAYMENT INSTRUCTIONS. PAYMENT OPTIONS OTHERTHAN REGULAR MAH. Crediting Payments.We must receive your mailed payment in properform It our processing aci!Ay by 5 p.m • Online Payments.visit myhome.depotaccountcom and sign up for free online payments.Enrollment may local time(here II we do,d roll be credited as of That day.(Please refer to]he top right hand corner on the Take a few hays.If we receive your recue.sl to make an online payment by 5 p.m Eastern ttmr we will hot of your statement for processing facility time zone)A payment received at the processuq facility in credit your payment as of that day and fl will post within three business days fl we receive your request to proper arm alter that lifer will be credited as or(he next day.Allow 5 to T days for payments b'requiar mail make an online payment after Thal lime,we.will credit your payment as of the next day and it will post 10 reach us ihere maybe a dHayy of up 105 days in Crediting a payment we receive that is not in proper tom•, within three business days for security reasons,you may be unable To pay your entire New Balance with cr is nor sent to the correct address The correct address for a payment sent by regular mail is the address your first online payment, Tided on the return envelope or on the hold of The payment cnepon.A payment made in-sl0re is not send In • Pay by Phone Service.You may use this service any time to make a payment by phone,it your account is (he correct address.The correct address for a payment send by courier of express mail is the CypressPayn>ents eligible.You will be charged$14.95 t0 use This service.Call by 5 p.m Eastern time to have your payment Address shown below credited as of that day and posted within Ihur business days.If you call alter that lime,your payment will Proper Form.Fora payment sent by mail or courier Tobe in proper form,You must be credited as of the next day and posted wilhin three business days.We may process your payment • Enclose a Vaud check or money order made payable to Hone Depot Crer{il$eryires N0 wsh,gut tards..or ,el;'gtronlcally titer sere verily your identity.ipre qn tutrency please. `• Ehry'ress Payments.You can send payment by courier or express mail to the Express Payments Address: • Include your name and account number on the front of Your check or money order. Customer Service Center,Attention Payment Mail Opening,8725 W.Sahara Ave,Las Vegas,NY R17.Payment If you send an eligible chock with this payment coupon,you authorize us to complete your payment by must be received in proper form at the proper address b•5 p.m Pacific lime to be credited as of that day.All electronic debit.H live do,the checking account will be debited in the amount on the check.We may do payments received in proper form at The proper address after that time will be credited as of the next day. this as soon as the day we receive the check.Also,the check will be destroyed. In Store Payments.for your added convenience,payments can be made at I he Home Dept'stores with Copy Fee.%e charge S5 for each copy of a billing statement(hat dates back 3 months or more.We add the no service fee Payments made at lite store prior to the store closing bimo will be nested to your account as fee to a balance of our choosing.We reserve The right bo add this fee to balances subject to a h'ghef annual of that day but availability may be subject to verification of funds. percentage rate.We waive the fee ii your request for the copy relates to a billing error or disputed purchase. REPORT A LOST OR STOLEN CARD IMMEDIATELY.You may call Customer Service 24 hours aday,I days a week Page 2 of 2 rte Horne Denot Comumer HD 0309A auttaerfzed user means any ppereon you allow to use your total balance belay the credit line,f{ewever,if the total account, balance goes over your credit line you still must pay us,If CARD AGREEM. ENT card means one or more cards or other access devices that your account has a credit balance,we may reduce the credit we gave you to rt credit under this Agreement.This includes balance by any new charges on your account.You may not This C:(d Aglre€tment is your contract with us, It governs account numbers. maintain a credit balance in excess of your credit line. me u%m of your card and account.The Supplemental Pricing we, us,and our mean Citibank(South Dakota),N.A.,the 0111419 Statement.Your billing statement shows the New Information i"`;upplern nt'; 15 pars of this Agreement.Please issuer of your account. Balance.This is the total amount you owe us on the Closing read this Agree.xtent,imcludit"g the Supplement,carefully. you, your,and yours mean the person who applied to open Rate.lq determine the New Balance:we begin with the Keep oo#1 for your rr;LordY3. total balance at the,start of the billing period.We add any the account.it also means any other person responsible for purchases.We subtract any credits or payments,We the FACTS ABOUT RATES AND FEES complying with this Agreement, add any periodic finance charges or fees and make other ' is a summar,of rates and fees on your account. Your Account adjustments. Pleast see the related sections of this Agreement You agree to tsr,Your acur�t in CGt(danCPyI th this Your billing statement also shows your transactions;the mini- for more complete information. Agreernent.You crust pay us ror all amounts due on your mum payment due arid payment due date;your credit line; RXrES--FINANCE CHARGES account.;his Agreement is binding on you unless you close and your periodic finance charges and fees,Qn the statement. F iumhase APR.See Supplement. your account within 30 days after receiving the card and you a regular purchase balance will appear under the heading} Oelautl APR, 29 n9 a,All APBs may automatically increase have not used or authorized use of the card.Your account "regufar revolve credit plan." to the cefatrlt APR.if you do not make the nlrnimtrm payment must only be used for lawful transactions. We deliver a billing statement to only one address.You a meat when due,go over the credit line,or make a payment to us Authorized Usurs.You may request additional cards for must notify Customer Service of a change in address.We that is not Honored. authorized users.You must pay us for all charges made by may stop sending you statements if we deem your account FtuErrrrrr l trtance Cttafre. u2.. authorized users.You must pay us even if you did not intend uncollectible.We may also stop sending you statements if to be responsible for those charges,You must notify us to we send your account to an outside a c gen.y or attorney for TRANSACTION FEE—FINANCE CHARGE withdraw any permission you give to an authorized user to collection.Periodic finance charges and fees continue to add Equal Payment Pram Fee,'9"%of each Equal Payment Plan use your account, up even if we stop sending statements, transa+l;rio r,$S aflninlum. Joint Accounts. It this is a joint account,each of you is OTHER FEES responsible individually�and together for all amounts owed. APRs r ~� Regular Purchase APR.See Supplement. Late Fee.$20 on balances up to$100;$35 on balances of Each of you is responsible avert ff`the account is used by $100 up t€,$00;and$39 on balances of$500 and over. only one of you.You will continue to be liable for the entire Default APR. Your APRs(including promotional APRs)bn balance of the account,even if your co-applicant is ordered Your balances(including any purchase balances and accrued Retasmed Payrrmmat Fee.$39, t y a court to pay us.You will remain liable to us if your co finance charges on:hose balances subject to promotional Man Cart we change the rates,fees,and terms of this applicant falls to pay as ordered by the court.Your account terms)may automatically increase to the default APR,and A {ueo€rerrt?etre may change the rates,fees,and:arms of status tiviil c antinue to be reported is the credit bureau under your promotional terms may end,if you default because you itis Agreen)) nt ai any time for any reason.These reasons each€;f your names.The delivery of notices or billing state- •do not make the minimum Payment when due, may be,bas+ad an iniforrttation in your credit report or general merits to either of you serves as delivery to each of you.We •90.over the credit cine,or •rnake a payment to us that is not x, ,•: 5• � *• � i either of you.We are not o honored. rr+arke,.e.czn.frt�on.�, ff the change will eatrsc a rave or fee rt'ray rely or,instructions given by Y to jn(,rease> you trill receive advance notice and a right to liable to ei'her of you for relying upon such instructions, The default ANNUAL PERCENTAGE RATE is up to 29.99%. rapt alit.if you opt ouq,we will close your account-You can Credit line, Your initial credit tine is on the card carrier. Reis APR equals a daily periodic rate of up to 0.08216%.We than pay file sernaining balance under the old rates,fees, After that.your credit titre appears on your billing statement. set your default APR by reviewing the seriousness of your and terms- The full amount of your credit line is available to buy or lease default with us and your credit history.The default APR takes. Definitions goods or services where the card is honored.We may redutxt effect as of the first day of the bitting period in which you aceau�af met}rs 01e relationship e5fatilished between youand or increase year credit line at any time for any reason.We default.WP will lower the APR for all balances at the default APR if You meet the terms of the Gard Agreement for twelve us lay this Agraeinent. tNlill notify you of any change,but the change may take effect your billing periods in a row.We may lower these APRs sooner APP:leans an;anrivaf percentage rate. before you receive the notice.You should always keep based on your record with us. S � 3 *120001: Eftet of APR lacresses.if an APR irs:ea{est p>arfodic finans charges i icreaso,Your mininturn payment may increase as U-il. period un purchases,pay The following nounts by Ile due Balance Subject to Ftrianee Charge, For each different date every billing period: balance,your statement shoves any Balance Subject to Promotions •the New Balance,less any No Interest,0%and Equal mance Charge.The Balance Subject to Finance Charge is We may offer you promotional terms for ali or a part of any Payment Plan balances that expire after the payment due the a=verage of the daily balances during the billing period. balances.Any promotional terms may apply for a limited date,plus A billing periost begins on the day after the Closing Date of period of time.T't1ey will be governed by the terms of the, •the adnimunr4 monthly payments required for your the previous billing period.It includes the Closing Date of prornotionoi offer and this Agreement,They may include the No Interes-t,Oro,and Equal Payment Plan balances that the current billing period. iso Interest:00/46:and Equal Payment Flan offers described expire after the payment due date. You can use your billing statement to calculate periodic t 0mv.Your promOtional terms may end if you default under l�. a i finance charges.For each different balanic,multiply the the Lars#Agreement because you you do no:,you will not get a grace period unless you pay Balance har es to Finance Charge b its dais enoyls rate. °do not r.€ai�e the rninlntum payment whe€z due, the above amoun=ts by the due date for two billing periods in 1 g y y p a row. Multiply that amount by the number of days in the billing go over the credit line,or period.The result is the total periodic finance charge on that •make a kayrrient to us that is nut honored. In addition,certain promotional offers may take away the balat�a e,Rounding may cause a small difference. No Interest.No finance charges will be imposed an this grace period tt purchases.©cher promotional offers not described above may also allow you to have a grace period Minimum Finance Charge. ft the total periodic finance balance it you pay the balance in full by the end of the on purchases without having to pay all or a portion of the charge is less than$2,we charge a minimum FiNANCE promotional period,We will impose finance charges on this F , CHARGE of S2.We add the additional amount to the regular balame if Vou do riot pay the balance in full by the end of the ,, -i:rrina Galante w the due date.a either is the case, purchase rmrotianal period or the promotionval terms are terminated. €e prt n,otinnal offer will describe what happens, p chase balance or to one or more of the balances that is p"� � p•� We wil impose these finassessed a periodic finance charge.ance charges from the date of pur- Calculation of Periodic Finance Charges.We calculate Transaction Fee chase unfii the balance is paid.in full.The promotional offer periodic finance charges each billing period.To do this: will specify tt€e amount of any minimum payment required on °We start with each of your different balances.These Transaction Fees and APRs.When first added to a balance, ttrjs balance. as antes include,for example,regular purchases and a transaction fee causes the APR on the statement to exceed different promotional balances.(Purchases made under the nominal APR. therof t.0 tio;na p aril,are impaled on this rin=se during the same promotional terms,including APR and expira- Transaction Fee for Equal Payment Plan Transactions. the prcrr!ntiaraa+psriod.`E'1!u prt?motiona{offer+R�sli specify the arnount of any mininnurn payment required on this balance. turn date,will be part of the same promotional balance.) For each Equal Payment Plan transaction,we add a fee of •We calculate the daily balance for each of your different 3%of the amount of the transaction,but not less than$5. E4oa€Pey€nent Plan.This balance will be repaid in equal balance=.To get a daily balance,we start with the We add this fee,a FINANCE CHARGE:to the Equal Payment rrrirlr€urrr pa;mer€ts.The promotional offer will specify the balance as of the end of the previous day.We add any Plan transaction balance, amount of the minimum payment required on ihis balance, periodic;finance charge on the previous day's balance. Other Foes Periodic Finance Charges Based can APRs (This results in daily compounding of finance charges,} Late Fee.,We add a late fee for each billing period you do Periodic Finance Charges.Ole impose periodic finance We add any news charges.We then subtract any new P w 4ai Finance ;we Chary APRs to your account balances.the credits or payments. not pay the Minimum Payment Due by the payment due date, bro y •We multiply each daily balance by the daily periodic rate This lee is based on the total of all balances on your account do this every€jay by using a daily periodic rate.To get a daiNf that applies to it.We do this for each day in the billing as of the payment.due date.The fee is$20 on balances up pr rlr�dic rate, e;divide the APR by 365. to$100;$35 on balances of$100 up to$500;and$39 on glffrr3n Periodic Finance Charges Regin. Periodic finance period,This gives us the daily periodic finance charges balances of$500 and over.We add this fee to the regular for each of your different balances. charges begirt Lhe first day we add a charge to a daily •We add tip all the daily periodic finance charges.The purchase balance, balance,The charges oe add to a daily,balance include sum is the total periodic finance charge for the billing Returned Payment Fee.We add a$39 fee it a payment p;€rchuses,fi€Ear?ce charges and fees.We continue to impose period.You authorize us to round the total periodic, check or similar instrument is not honored or if it is returned €ariodic finance s=urges until we credit,your account with finance charge to the nearest cent. because It cannot be processed.We also add this fee it an h4i payri'ent of the total amount you owe us. When we calculate daily balances,we add a purchase as automatic debit is returned unpaid,We assess this fee the Grata Period on Purchases_You can avoid periodic finance of the Transaction Date.The Transaction Date is shown ori first time your check or payment is not honored,even if it is charges ort purchases. This is.called a grace period on pur- the billing statement.We subtract a payment or credit as honored upon resubmission.We add this fee to the regular chases.'P he grace period is at=east 20 days.To get the grace of the day it is credited to the account and then make other purchase balance. adjustments.We treat a credit balance as a balance of zero. n Payments deducting arty costs incurred in prosing your payn7ent, t eh the ch:rtg0�fie>s tttl�t.It�ytttt lit tint�to the ces Minimum Payment true.You must(ray at least the lVlininium, Or we,may bill you separately for these costs. ttt>Aegel �' �'����us.You*ml da tbi$ Payment Due by the payment due date each billing period. teftftin 25 days of the effective date of the change.If you The sooner you pay the New balance,the less you will pay In Optional Pay by Phone Service.You may use our optional opt out,we avid 01080 your account.You can then pay the. Pay by Phone Service to make your payment by phone; tetttafning balance under the old rates,Rtes,and terms,.ff periadic finance charges. To do so,call us to request the service.Each time you do, you use the card after the effective date of a change,you We calculate the Minimum Payment flue as follows.First, you agree to pay us the amount shown in the Pay by WHI he deemed to have accepted the change.This applies we add; Phone section on the back of the billing statement,Our even it the 25 day opt out period has not expired. 1%of the Calculated Account Balance.This is the New representatives are trained to tell you this amount whenever Default Balance less any balances subject to promotional terms you call to use the service. that either do not require a minimum payment or that You default under this Agreement it you fail to pay the require a separate rninimurn payment; Credit Reporting Minimum Payment Due by its due date;go over your credit a any billed periodic finance charges after we exclude any We may report information about your account to credit line;pay by a check or similar Instrument that is not honored Accrued Finance Charges shown on the billing statement bureaus.Late payments,missed payments,or other defaults or that we must return because it cannot be processed;pay for a No Interest balance that ended during the billing on your account may be reflected in your credit report.We by autornatic debit that is returned unpaid;file for bankruptcy; period covered by the statement,and may report account information in your name and the names fall to comply with the terms of this Agreement;or default any late fee. of authorized users.We may also obtain follow-up credit under any other Card Agreement that.you have with us,it you SKond,we take the greater of: reports on you, default,we may close your account and demand immediate •file above stern rounded up to the nearest dollar;or if you think we reported incorrect information to a credit payment of the total balance. ` # bureau,.trite us at Credit Bureau Dispute Verification,P.O. Refusal of the Card,Closed Accounts, Box 6405 Sioux Falls SD 57117.We will investigate the and Rotated Provisions T we add to that an.ount: matter.We will then tell you if we agree or disagree with you. Refusal of.the Card.We d0 not guarantee approval of any past due!,mount;and It we agree with you,we will contact each credit bureau to transactions.We are not liable for transactions that are not ami add;tionat amount specified in a promotional offer. which we reported and request a correction,If we disagree However.the Minimum Payment flue will neverexceed your with you,we will tell you that. approved.That is true even if you have enough crediL We Calculated Account Balance plus any required payment on a may limit the number of transactions approved in one day. promotionai offer,In calculating the Minimum.Payment Dire, Information Sharing If we detect unusual or suspicious activity,we may suspend we may subtract from the New Balance certain fees added W You authorize us to share information about you as permitted your credit privileges. by lave.This includes information we get from you and others. Preauthorized Charges.We may suspend any automatic or your account luring the billing period It also includes information about your transactions with us, other preauthorized card charges you arrange with a third Application of Payments.You authorize us to apply payments Please see our Privacy Notice for details about our,informa- party.We may do this if you default;if the card is lost or and credits in a way that is most favorable or convenient for tion sharing practices. stolen;or we change your account for any reason.If we do us.This may include applying payments and credits to low this,you are responsible for paying tfte third arty directly APR balances first. Changes to this Agreement p g p y We may change the rates,fees,and terms of this Agree- if you wish tor do so.You are also responsible for reinstating Payment Instructions.We credit your payments In acror- ment at any time for any reason.These reasons may be the preauthorized Charges if you wish to do so and we dance with our payment instructions on the billing 9tatemanL based on Information to your credit report or general mar- petit it. You(nus:pay as in U.S.dollars,To do so,you must use a ket conditions,.Any changes we matte may add,replace, Lost or Stolen Cards or Account Numbers,You must call us check,simller Instrument,or automatic debit that is&awn or, or remove provisions of this Agreement,They may also if any card or account number is lost or stolen.You must also mid honored by a bank In the U.S.Do not send cash.We Can change your rights and obligations under this Agreement call us if you think someone used or may use them without accapt fate or partial payments,or payments that reflect"paid as well as aura.These changes are binding on you unless permission.When you call,we may require you to provide in full"or other restrictive endorsements,without losing our you have the right to opt out and you choose to opt out by information to help our investigation,We may require you rights.We also reserve the right to accept payments made in following our Instructions, to provide this information in writing.For example,we may foreign currency and instruments drawn on funds ondeposit outside the J.S.If we do,we select the currency conversion You will have a right to opt out if the change will cause ask you to identify any charges t were not mads by you or m rate.We will then credit your account in U.S.dollars after a rate or fele to Increase.In that case,we will mail you someone authorized by you.We may also ask you to confirm advance written notice of the change.We will do this.at that you received no benefit from those charges. least 46 days before the beghmlq..of the billing period in s r e Clegg Your Amurtt.You may close your account tli noti'r;g Its in v9itfng of over the phone,it you close your rePtesnntative)basis,and the arbitrator m account:you must still repay the total balance in accordance Qn art h1ditAdual(non-cfass,non-retlr@sent8 Itlt e}b sis�ret anJ�+ At any time you or ase'nay ask an appropriate v�it#s tris Agreement.t+Ve may also close your account or Whose Claims are subject to arbitration?Not only ours and pet arbitration of Claims,pr to stay tlitigation of Claourt ims suspwid account privileges at any time#lar any reason.Ale yours,but also Claims made by or against anyone connected unlespending arbitration,even if such Claims are part of a lawsuit, ^.gay do this:without prior notice to you•We may also reissue You us u;you of claiming through us in you,such o a Evens a pial has betgoun or a final judgment has been entered. a different card at arty time.You must return any card to us win)u iicant or authorized user of your account,an employee, upon request' time,or in connection with any Particular itClaims,thats at any arry �----�.--.•- agent,rePresentative,affiliated company,predecessor or can still require arbitration at a later time or in connection ARBITRATION successor,heir,assignee,or trustee in bankruptcy. PI,�S£READ TffIS PROViSiON OF THE AGR££M£AfF with any other Claims. What ti+-ne frame applies to Claims subject to arbitration? CAWFULLY.IT PROVIDES THAT ANY DISPUTE MAY BE Claims arisin J What Procedures and law are applicable In arbitration? RESOLVED BY BINDING ARBITRATION.ARBITRATION arising t:efare ti��een?et ate our account are sent,Or future, subject Claims A single,neutral arbitrator will resolve Claims.The arbitrator R.EPt ACTS THE RIGHT TO GO TO COURT, INCLUDING THE Opening Y will be either a fa;.,,yer with at least ten years experience or a arbitration, retired or former judge,selected in accordance with the rules RiGH't'TO A JURY AND THE RIGHT TO PARTICIPATE INA &raadest interpretation.An CIASS TO A J Y SIMILARTHE PROCEEDING.IN PARTICIPATE I A- are ade y questions about whether Claims Of the arbitration firm.The arbitration will follow Procedures TM,,A DISPUTE IS RESOLVED BY AN ARBITRATOR Subject to arbitration shaft be resolved by interpreting this and rules of the arbitration firm in effect on the date the INSTUD OF A JUDGE OR JURY.ARBITRATION PROCE- al be enforced, ;,is ari3itrati ro provision til law will b�g arbitration is filed unless those Procedures and rules are a )ttriiiort Rrovisfort in the broadest way lite taw Witt allow it Agree- DOM OCE ARE SIMPLER AND MORE LIMITED THAN COURT Federal Arbitration Act(the"FAA,,), s g Chic discovery Prevail,aent ril,th t hose Procedures his Agreement, ands rules may limit t'RtlC;tfJURES. S the meet will T Agt trnanf Itr ArbiPrale:Either you or we may,without the iWaat ab tclaimsCcourtlaims filed are not subject to arbitration all claims sp Claims filed d and other confidential t pr tet u st us.The arbitrator will take Ag rs consent.elect mandatory,binding arbitration for any reasonable oche re steps nt protect customer requested information c'Glair,dispute,or controversy between you and us(sailed individual(11011--class,non-representative)Claim. Consistent with thetfAAaormation rfrequested to do so by as a matter remains in such court and advances only an You is us.The arbitrator will apply applicable substantive taw nd "utair is"). will honor claims Of Privilege recognized n zed at law,of will hav, �'falma Covered How Arbitration Works ' Wfta8 Claims are subject to arbitration?All Cairns relating arbitration does apaMusrt hoose Initiate arbitratione of the following h�ali arbitration an the power to award to a party any damages or other retlief�e to Your account,a prior related account,or our relationship firms and follow its rules and procedures for initiating and provided for under applicable taw.You or ns may choose to are subject to arhitratiott,including Claims regarding Ute pursuing an flow its rules American procedures Arbitration Association hav,a hearing and bee riling rid by counsel,The arbitrator apPticatton,enforCeabilih,;or frtterpretatian of this Agreement of National Arbitration Forum.Any arbitration hearing that �"rtl rnaka any award in writing and,if requested by you or and tttis arbitration provision,.All Claims are subtest to us,will provide a brief statement of the reasons for the arbitration,r=.a metier what ittgat theory they are based on or firm inthesame held a a place SPI)hose Court closest itrtooyour award.An award in arbitration shall determine the rights wttat remedy fdarriages,or injunctive of declaratory relief) then Current billing address,or at some other place to which and obligations between the named parties only,and only in they seek.This Includes Claims based ori contract, tort you and we agree in writing, You may obtain copies of the respect of the Claims in arbitration,and shall not have any (including intentional tort),fraud,agency,your or our neg- Current rules of each of lire arbitration firm bearing on the rights and obligations of any other person,lar ifgeri ,statutory or egutatory Provisions,or'any ot{ier instructions fBr initiatin+ s arid fauns and an the resolution of any other dispute. source of ta�v;Ctaims made as counterclaims,cross-claims, as follows: g an arbitratfon by conlaCting them Who pays?Whoever files the arbitration pays the initial filing ttttrd-party claims,interpleaders or otherwise;and Claims fee. !f we file,we Pay:If you file,You Pay,unless you get a made independentty or with other claims.A party who American Arbitration Association fee Waiver under the applicable rules of the arbitration firm. initiMS a Proceading in Cou t may elect arbitration with 1633 Broadway,Floor 10 if You have paid the initial filing fee and you prevail,we will respect to any Claim ad+ranced in that Proceeding by any New York,NY 1,0019 reimburse you for that fee. if there is a hearing,we willa other party.Claims arld remedies sought as part of a class web site:WINW�ldvorg any fees of the arbitrator and arbitration firm for the first day action.private attorney general or other representative action National Arbitration Farm of that hearing.All other fees will be allocated as provided by are subject to arbitration On an individual(non-Class,non- P.O.Box 50191 the rules of the arbitration firm and applicable law.However; fi4n162polis rV1N 55405 we will advance or reimburse your fees if the arbitration firm Web site:vrivw.arbitrabon-forum.eom us toor bdto us andwe determine therator determines there is re i so,Orr it you ask reason ere s good • to re Igor for Of 9.So,Each patty will bear tine expense of that _ par_ly`s attorneys,exparfs,aria witnesses,and other expenses, Governing Law and Enforcing our Rights reip;rdiess of which party prevails,but a party niay recover Governing Law.federal law and the law of South Dakota, What To Do/t There's An Error any Or all exfie,3ses from another party if the arbitrator,apply- where we are located,govern the terms and enforcement of In Your Bill. ing applicable law,so determines. this Agreement. Your Billing Rights.Keep This Notice For Future Use, Who can he a party?Claims must be brought in the name Enforcing this Agreement,We will not lose our rights under This notice contains important information about your rights of an individual person or entity and mast proceed or,an this Agreement because we delay in enforcing them or fail to and our responsibilities under the Fair Credit Billing Act. individual(nOn-class,non-representative)basis.The arbitra.- enforce them. tnr rolls not award relief for or against anyone who is not a Nosily Us to Case of Errors or Questions Ahout Your 8111. party. If you or we require arbitration of a Claim,neither you, Collection Costs.To the extent permitted by law,you are It you think your billing statement is wrong,or if you we,nor any other person may pursue the Claim in arbitration liable to us for our legal costs if we refer collection of your creed more information about a transaction on your billing as a class action,private attorney general action or other account to a lawyer who is not our salaried employee.These statement,write to us(on a separate sheet.)as soon as representative action,nor may such Claim be.pursued on casts may include reasonable attorneys'fees.They may also possible at tine billing errors address on the front of your Your Or our behalf in any litigation in any court.Claims, include costs and expenses of any legal action. statement,We must hear from you no later than 60 days including assigned Claims,Of roto or more persons may not {issignmt nt.We may assign any or all of our rights and after gee sent you the first statement on which the error or be(pined Or consolidated In the same arbitration. However, obligations under this Agreement to a third parry, problem appeared.You can telephone us,but doing so will appicar.ts,co-applicants.authorized users on a single #=or>~ur#her information not preserve your rights. account and;or related accounts,or corporate affiliates are Cali us tali-tree for further information.Call the toll free In your letter,give us the following information: here considered as one person. •Your name and account number. Customer Service telephone number shown on the billing W116"is an arbitration award final?The arbitrator's award statement or on the back of your card.You can also call local 'The dollar amount of the suspected error. is final and binding on the parties unless a party appeals it in or toll-free Directory Assistance to get our telephone number. 'Describe the error and explain,it you can,why you writing to the arbitration firm within fitteen days of notice of believe there is an error. If you need more information, tfto award.The appeai must request a new arbitration betomZ7 _ describe the item you are unsure about. a Panel of three neutral arbitrators designated by the same •Please sign your letter, ar�ttitrattOrj firm.The panel will consider all factual and legal if YOU authorized us to pay your credit card bill automatically issires arrow,follow the same rules that apply to a proceeding Ken from your Savings or checking usinga nft, r i r e Stork Citibank g g account,you can top the a b t ator,and make decisions based on the (South Dakota),N.A. payment on any amount.you think is wrong.TO stop the P vote Of the majO.rity.Costs vviil be allocated in the same way resident 8 CErJ P.O.Sox 6000 payment you must tell us at least three business days before they are allocated for arbitration before a single arbitrator, Sioux Falls,Stn 57117 the automatic payment is scheduled to occur. An award by a panel is final and binding on the parties after Your Rights and Our Responsibilities After We Racelre fitteen days has passed.A final and binding a yard is subject @ 2009 Citibank(South,Dakota),N.A. Your Written Notice. to jtrt app revcable and enforcemeint as provided by the FAA or We must acknowledge your letter within 30 days, unless other applicable taw. we have corrected the error by then.Within 90 days,we 4 rpro and Seve naive:ty ofTermsmust either correct the error or explain why we believe your This changes gree ton shalt Survive:(i)termination or billing statement was correct.After we receive your fetter, changes in the Agreement,the account,or the relationship we cannot try to collect any amount you question,or report between you ant us concerning the account;(ii)the bank- Your account as delinquent,We can continue to bill you for rtrptcy of anv party;and(iii)any transfer,sale or assignment the amount you question,including finance charges,and of your account,or any amounts awed on your account,to we can apply pp 5 a ny unpaid amount y an g a ainst our credit any other person or entity.if any portion of this arbitration You do not have to pay y tart Ione. Provision is deinvestigating,but emed invalid or unenforceable,the entire P any amount while is are you are stiff obligated to pay the parts of arbitration provision shall riot remain in force.No portion of your balance that are not in question. this arbitration provision may be amended,severed or waived absent 4 written agreement between you and us. If we find that we made a mistake on your billing statement, - You will not have to pay any finance charges related to any is questioned amount. if we didn't make a mistake,you may is is have to pay finance charges,and you will have to slake up mused payments or the questioned arnourrt.In either case,we will send you a statement of the amount you owe and the date it is clue, If you fail to pay the amount that we think you owe,we may report you as�delinquent.However,if our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay,we must tell anyone we report you to that you have a question abut your bill.And,we must tell you!he narne and address of anyone to whom we reported your account information.We must tell anyone we report you to that the matter has been settled between us when it is finally Settled. If we don't follow these rules,we can't collect the first$50 of the questioned amount,even it your bitting statement was correct. Special Mute for Credit Gard Purchases.' It you have a pro;lern with the quality of property or services that you purctrased with a credit card,and you have tried in tjood faith to correct the problem with the merchant,you may have the right not to pay the remaining amount due on the property or services.There are Uvo limitations on this right: •You must nave made the purchase in your home state or, it not within your horse state,within 100 miles of your current address;and ='i he purchase price must have been more than$50. These limitations do not apply If we oven or operate the merchant,or if we malted you the advertisement for the property or services. o 2000 Citibank(South Dakota),N.A. 7200OF T09 t6 i BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT,dated November 29, 2010, is by Citibank(South Dakota), N.A., a national banking association organized under the laws of the United States, located at 701 East 60th Street North,Sioux Falls,SD 57117(the'Bank")to Midland Funding LLC,organized under the laws of the Delaware,with its headquarters/principal place of business at 8875 Aero Dr.,Suite 200,San Diego,CA 92123("Buyer°), For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated November 23, 2010, between Buyer and the Bank (the "Agreement"), the Bank does hereby transfer,sell,assign,convey,grant,bargain,set over and deliver to Buyer,and to Buyer's successors and assigns,the Accounts described in Exhibit 1 and the final electronic file, Citibank.(South Dakota),N.A. By, (Signature) Name: Patricia Hall j Title: Financial Account Manager i t y Mid1vW CBSD 112310-THD s EXHIBIT i ASSET SCHEDULE The individual Accounts transferred are described in the Midland-THD Mid Prime Sale-Final File- November 2010 and delivered by the Bank to Buyer on or about November 23,2010;the same deemed attached hereto-by this reference, i #of Cut-Off Lot Sale ID Accounts Sale Balance Date i t i I ' i i j r- i F • t Midtad COW HD 112310.dce i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA MIDLAND FUNDING LLC assignee of CITIBANK USA,N.A/THE HOME DEPOTV. Plaintiff NO CIVIL ACTION-LAW ANSELMO BIO JR 1713 HUIVIlVIEL AVE CAMP HILL PA 17011 Defendant(s) ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the undersigned as counsel for Plaintiff in,Ahe aptoned matter. Respectfully Su mrz' �- CD Michael B. Volk,Esq. #88553 Fulton,Friedman&Gu.11ace,LLP z c4a Counsel for Plaintiff �� � cy, 6 Kacey Court, Suite 203 Mechanicsburg,PA 17055 Tel: (866) 563-0809 Fax: (585) 546-4241 FFG File#: 381266 I I��III��II�IIT�IIII��i�l I�III�II�I II��I�III��I I��II I�)Ilil I��I PA/PA_EOANCOSHANNA Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,10 -Ur FiCE „, 01 tf nirg, �v. l � THEt,P �..1 ! I -I0 NC 20114 NOV 26 41111: 23 FQFTFFF iCE ME CUMBERLAND COUNT' PENNSYLVANIA Midland Funding LLC vs. Anselmo Bio, Jr Case Number 2014-6619 SHERIFF'S RETURN OF SERVICE 11/19/2014 06:41 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Anselmo Bio, Jr at 1713 Hummel Avenue, Lower Allen Township, Ca ,J' ill, PA 17011. ;war UTSHA L, DEPUTY SHERIFF COST: $44.95 SO ANSWERS, 1 November 21, 2014 RONITS' R ANDERSON, SHERIFF (c) CountySuite Sherif,. Tc eoscf, Inc.