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HomeMy WebLinkAbout10-1209F ?i- T..a_ r r 1 T ; APY 2010 FED 22 N1 12: v 0 Cil.'? Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N Sioux Falls, SD 57117 IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ROBIN A KOHLER : NO. IO ^ ?,ZQ ?lC? L 117 Partridge Circle, Carlisle PA 17013-8748 Defendant CIVIL ACTION -LAW Complaint - Notice You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claim set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE AND INFORMATION SERVICE S Cumberland County Bar Assoc. 32 South Bedford Street $W ,Qd CL4?? Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 C1? '`rQr2? C-31764 Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff - CITIBANK (SOUTH DAKOTA), N.A. IN THE COURT OF COMMON PLEAS 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBIN A KOHLER 117 Partridge Circle, Carlisle PA 17013-8748 Defendant NO. '16 - I ?_6C7 C,J; t CIVIL ACTION - LAW Complaint 1. Plaintiff is CITIBANK (SOUTH DAKOTA), N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Robin A Kohler, who resides at 117 Partridge Circle, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff is a national banking association, engaged in various types of banking business including consumer lending through the issuance of credit cards. 4. Plaintiff furnished consumer credit to the defendant by means of a(n) Home Depot credit card with account number ending in 3389 hereinafter referred to as the credit card account. 5. Plaintiff kept accurate running records of all debits and credits to the account. 6. Plaintiff mailed to defendant monthly statements for the account including the billing statement attached hereto as Exhibit A. The monthly statements accurately stated the previous balance, the debits and credits to the account for the prior billing period. 7. Before plaintiff mailed Exhibit A, defendant had for many months made payments on account of the billing statement or retained the statement without payment. 8. Defendant's actions as set forth above constituted an account stated between parties for the sum of $3,140.74 which sum reflects the Exhibit A statement balance less credits, if any, which were applied subsequent to the date of Exhibit A. Wherefore, plaintiff demands judgment against defendant for the sum of $3,140.74, and the costs of this action. By: IereNC. Blasker, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. ?1 G Account Statement Send Notice of Billing Errors an Customer Service: Mailed payments must be Customer Service Inquiries to: myhomedepotaocount.com received by 5:00 p.m. HOME DEPOT CREDIT SERVICES or 14166-458-7683 Central Time on PO BOX 689100, DES MOINES IA 50368-9100 ACCOunt:? 3389SEPTFMBFR 14, 2009 Closing Date Next Closing Date Credit Line Credit Available Payment Due Date Minimum Payment Due AUGUST 19, 2009 SEPTEMBER 18, 2009 $0.00 $0.00 SEPTEMBER 14, 2009 $826.00 Opening Balance Payments & Credits Purchases/Other Charges FINANCE CHARGES New Balance Revolving Balanoet $3,028.62 $0.00 + $39.00 + $73.12 $3,140.74 Promotion Balance $0.00 $0.00 $0.00 $0.00 $0.00 Total Balance $3,028.62 $0.00 $39.00 $73.12 $3,140.74 t Revolving Balance includes non-promotional transactions plus Promotions that have expired. CURRENT ACTIVITY Transaction Date Location/Transactions Amount Your late fee was based on an account balance of $3,028.62, which was your account balance on the late fee transaction date. SEE BACK OF STATEMENT FOR INFORMATION ON GRACE PERIOD AND PROMOTIONAL OFFERS. 08/16 08/19 LATE FEE 'BILLED FINANCE CHARGES' 39.00 73.12 ANNUAL PERCENTAGE RATE on the account: 29.99%•• " The "ANNUAL PERCENTAGE RATE on the account" includes all transaction and periodic finance charges imposed this billing period on all balances on which finance charges were imposed. Finance charges may be accruing on promotional balances and may be billed to your account under the terms of the promotional offer. Refer to the corresponding APR for the APR that applies to each balance. FINANCE CHARGE SUMMARY Balance Corresponding Days in Periodic Other Subject to Daily ANNUAL -Billing FINANCE FINANCE Finance Charge Periodic Rate PERCENTAGE RATE Period CHARGES CHARGES Current Billing Period REGULAR REVOLVE CREDIT PLAN $3,069.09 0.08216% (M) 29.99% 29 $73.12 - z z Z Z I Z Z I Z Z Z I Z Z Z Z This Account Issued by Citibank (South Dakota), N.A. Page 1 of 2 ------------------------------------------------------------------------------------------------------------------------- Please detach here. Amount Minimum Your Account Number New Balance 1 Payment Due Date 1 Past Due 1 Payment Due 1 3389 $3,140.74 SEPTEMBER 14, 2009 $682.00 $826.00 Make Checks Payable to: HOME DEPOT CREDIT SERVICES ¦-X3389031407400100000082600102 KBAVHDI 1 8/19/09 36619 A 0 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII??I??I'I'lll? ,o ROBIN A KOHLER 117 PARTRIDGE CIR CARLISLE, PA 17013-8748 Amount Enclosed • e We've lowered prices on over a thousand fterrts storewIda. HOME DEPOT CREDIT SERVICES PROCESSING CENTER DES MOINES, IA 503640500 IIIII III 111111) 111111111111111 l 111111111111 EXHIBIT Print address changes above in blue or black ink. Informatlon About Your Account • YOUR ACCOUNT IS ISSUED BY CITIBANK (SOUTH DAKOTA), N.A. • BALANCE SUBJECT TO FINANCE CHARGE TWO-CYCLE AVERAGE DAILY BALANCE (INCLUDING NEW TRANSACTIONS)-Method C. If the periodic rate listed in the Finance Charge Summary Section of this statement is followed by a "C", we figure a portion of the finance charge on your account each day by multiplying the daily balance for each balance (e.g., each purchase subject to promotional terms, other regular revolve credit plan purchases and other major pur- chase plan purchases) by the applicable daily periodic rate. We do this each day of the billing period, includ- ing the Closing Date. In addition, for each balance, we multiply the daily balance for each day of the previ- ous billing period by the applicable daily periodic rate, unless your account was credited for the amount required to get the grace period on purchases (described below in the section entitled the Grace Period on Purchases) or a periodic finance charge was already billed on that balance. to gel the daily balance, we lake the beginning balance for each balance every day, add any new purchases, fees, and any finance charge on the previous day's balance, subtract any credits or payments credited as of that day, and make other adjust- ments. A credit balance is treated as a balance of zero. The Balances Subject to Finance Charge are the aver- ages of the respective daily balances during the applicable billing periods. If you multiply the current cycle Balance Subject to Finance Charge by the number of days in the billing period and by the applicable daily periodic rate, and you multiply the previous cycle Balance Subject to Finance Charge (if currently subject to a finance charge) by the number of days in that billing period and by the applicable daily periodic rate, and add those two figures together, the result will be the periodic finance charges assessed for that balance, except for minor variations caused by rounding. AVERAGE DAILY BALANCE UNCLUDING NEW TRANSACTIONS)-Method H. If the periodic rate listed in the Finance Charge Summary Section of this statement is followed by a "H", we figure a portion of the finance charge on your account each day by multiplying the daily balance for each balance (e.g., each purchase sub- ject to promotional terms, other regular revolve credit plan purchases and other major purchase plan pur- chases) by the applicable daily periodic rate. We do this each day of the billing period, including the Closing Dale. to gel the daily balance, we lake the beginning balance for each balance every day, add any new pur- chases and any finance charge on the previous day's balance, subtract any credits or payments credited as of that day, and make other adjustments. A credit balance is treated as a balance of zero. The Balances Subject to Finance Charge are the averages of the respective daily balances during the billing period. If you multiply this figure for each balance by the number of days in the billing period and by the applicable daily periodic rate, the result will be the periodic finance charges assessed for that balance, except for minor vari- ations caused by rounding. AVERAGE DAILY BALANCE (INCLUDING NEW TRANSACTIONS)-Method I. If the periodic rate listed in the Finance Charge Summary Section of this statement is followed by an "I", we use the following calculation method. To get the Balance Subject to Finance Charge for each balance (e.g., each purchase subject to pro- motional terms, other regular revolve credit plan purchases and other major purchase plan purchases) we take the beginning balance for that balance every day (including finance charges imposed in previous billing periods), add any new purchases, subtract any credits or payments credited as of that day, and make other adjustments. A credit balance is treated as a balance of zero. Ihis gives us the daily balance. We add up all the daily balances for the billing period (including the balances or the Closing Dale) and divide by the total number of days in the billing period. This gives us the Balance Subject to Finance Charge for that balance. We figure a portion of your finance charge on transactions subject to this calculation method by multiply- ing the applicable monthly periodic rate for that balance by the Balance Subject to Finance Charge (includ- ing new transactions). AVERAGE DAILY BALANCE (EXCLUDING NEW TRANSACTIONS)-Method K. If the periodic rate listed in the Finance Charge Summary Section of this statement is followed by a "W', we use the following calculation method. To get the Balance Subject to Finance Charge for each balance (e.g., each purchase subject to pro- motional terms, other regular revolve credit plan purchases and other major purchase plan purchases) we take the beginning balance for that balance every day and subtract any credits or payments credited as of that day and any unpaid finance charges. We do not add in any new purchases. A credit balance is treated as a balance of zero. This gives us the daily balance. We add up all the daily balances for the billing period (including the balanceson the Closing Date)and divide by the total number of days in the billing period. I his gives us the Balance Subject to finance Charge for that balance. We figure a portion or your linance charge on transactions subject to this calculation method by multiplying the applicable monthly periodic rate for that balance by the Balance Subject to Finance Charge (excluding new transactions). AVERAGE DAILY BALANCE (INCLUDING NEW TRANSACTOW-Method L. If the periodic rate listed in the Finance Charge Summary Section of this statement is followed by an "L", we use the following calculation method. To get the Balance Subject to Finance Charge for each balance (e.g., each purchase subject to pro- motional terms, other regular revolve credit plan purchases and other major purchase plan purchases) we take the beginning balance for that balance every day, add any new purchases, and subtract any credits or payments credited as of that day and any unpaid finance charges. A credit balance is treated as a balance of zero. This gives us the daily balance. We add up all the daily balances for the billing period (including the balances on the Closing Oate) and divide by the total number of days in the billing period. This gives us the Balance Subject to f inance Charge for that balance. We figure a portion of your finance charge on Lransac- lions subject to this calculation method by multiplying the applicable monthly periodic rate for that balance by the Balance Subject to Finance Charge (including new transactions). AVERAGE DAILY BALANCE (INCLUDING NEW TRANSACTIONS)-Method M. II the periodic rate listed in the Finance Charge Summary of this statement is followed by an "M", we use the following calculation method. We calculate periodic finance charges separately for each balance. Balances include regular purchases and different promotional balances. To get a daily balance, we start with the balance as of the end of the previ- pus day. We add any periodic finance charge on the previous day's balance. (This results in daily compound- ing of finance charges.) We add any new charges. We then subtract any new credits or payments and make other adjustments. A credit balance is treated as a balance of zero. We figure the periodic finance charge by multiplying the daily balance by its daily periodic rate. We do this for each day in the billing period. The Balance Subject to Finance Charge is the average of the daily balances during the billing period. If you mul- tiply this figure for each balance by its daily periodic rate and by the number of days in the billing period, the result is the total periodic finance charge on that balance. Rounding may cause a small difference. PROMOTIONS. We may offer you promotional terms for all or a part of any balances Any promotional terms may apply for a limited period of time Ihey will be governed by the terms of the promotional offer and your Card Agreement. I hey may include the No Interest, 0%, and Lqual Payment Plan offers described below. Your promotional terms may end if you default under the Card Agreement because you do not make the minimum payment when due, go over the credit line, or make a payment to us that is not honored. • No Interest No finance charges will be imposed on this balance if you pay the balance in full by the end of the promotional period. We will impose finance charges on this balance if you do not pay the bal- ance in full by the end of the promotional period or the promotional terms are terminated. We will impose these finance charges from the date of purchase until the balance is paid in full. The promotion- al offer will specify the amount of any minimum payment required on this balance. • 0%. No finance charges are imposed on this balance during the promotional period. The promotional offer will specify the amount of any minimum payment required on this balance. • Equal Payment Plan. This balance will be repaid in equal minimum payments. The promotional offer will specify the amount of the minimum payment required on this balance. CLOSING DATE. At our discretion, this statement may include charges, fees, and payments on the Closing Date. GRACE PERIOD ON PURCHASES, You can avoid periodic finance charges on purchases. Ihis is called a grace period on purchases. The grace period is at least 20 days. To get the grace period on purchases, pay the follow- ing amounts by the due date every billing period: • the New Balance, less any No Interest, 0% and Equal Payment Plan balances that expire after the pay- ment due date, plus • the minimum monthly payments required for your No Interest, 0%, and Equal Payment Plan balances that expire after the payment due date. If you do not, you will not get a grace period unless you pay the above amounts by the due date for two billing periods in a row. In addition, certain promotional offers may lake away the grace period on purchases. Other promotional offers, in addition to No Interest, 0% and Equal Payment Plan offers, may also allow you to have a grace period on pur- chases without having to pay all or a portion of the promotional balance by the due date. If either is the case, the promotional offer will describe what happens. BILLING RIGHTS SUMMARY. In Case of Errors or Questions About Your Bill. If you think your bill is wrong, or if you need more information about a transaction on your bill, write us at the Billing Errors address on this statement as soon as possible. We must hear from you no later than 50 days after we send you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: • Your name and account number. • The dollar amount of the wspected error. • Describe the error and explain, if you ran, why you believe there is an error. If you need more information, describe the item you are unsure about. Please be sure all correspondence is signed by the primary cardholder. You do not have to pay any amount in question while we are investigating. But you are still obligated to pay the parts of your bill that are not in question. While we investigate your question, we cannot report you as delin- quent on the disputed item or take any action to collect the amount you question. Special Rule for Credit Card Purchases. If you have a problem with the quality of goods or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. You have this protection only when the purchase price is more than $50 and the purchase is made in your home state or within 100 miles of your mailing address. (If we own or operate the merchant, or if we mailed you the advertisement for the property or services, all purchases are covered regardless of amount or location of purchase.) FINANCE CHARGES accrue from the date of purchase at the regular purchase rate in effect from time to time and all accrued FINANCE CHARGES will be added to your Account for the entire promotional period if qualifying purchases (including premiums for optional credit insurance) are not paid in full before the end of the promotional period or if you fail to make any required payment on your Account when due or make a payment to us that is not honored. See below for more details. *With credit approval for qualifying purchases made on The Home Depot or EXPO Design Center Consumer Credit Card. For accounts in good standing, APRs up to 26.99%. Default APR up to 29.99%. Minimum FINANCE CHARGE: $2. Lower rates may apply. See card agreement for details including when the default rate applies. Offer is only valid for consumer accounts and is subject to change without notice. IMPORTANT PAYMENT INSTRUCTIONS. Creating Payments. We must receive your mailed payment in proper form at our processing facility by 5 p.m. local time there. If we do, it will be credited as of that day. (Please refer o the top right hand corner on the front of your statement for processing facility time zone.) A payment received at the processing facility 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. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form or is not sent to the correct address. The correct address for a payment sent by regular mail is the address listed on the return envelope or on the front of the payment coupon. A payment made in-store is not sent to the correct address. The correct address for a payment sent by courier or express mail is the Express Payments Address shown below. Proper Form. For a payment sent by mail or courier to be in proper form, you must: • Enclose a valid check or money order made payable to Home Depot Credit Services. No cash, gift cards, or foreign currency please. • Indude your name and account number on the front of your check or money order. If you send an eligible check with this payment coupon, you authorize us to complete your payment by electronic debit. 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 $5 for each copy of a billing statement that dates back 3 months or more. We add the lee to a balance of our choosing. 'Me reserve the right to add this fee to balances subject to a higher annual percentage rate. We waive the fee if your request for the copy relates to a billing error or disputed purchase. PAYMENT OPTIONS OTHER THAN REGULAR MAIL. • Online Payments. Visit myhomedepotaccount.com and sign up for free online payments. Enrollment may take a few days. If we receive your request to make an online payment by 5 p.m. Eastern time, we will credit your payment as of that day and it will post within three business days. If we receive your request to make an online payment after that time, we will credit your payment as of the next day and it will post within three business days. For security reasons, you may be unable to pay your entire New Balance with your first online payment. • Pay by Phone Service. You may use this service any time to make a payment by phone, if your account is eligible. You will be charged SI4.95 to use this service. Call by 5 p.m. Eastern time to have your payment credited as of that day and posted within three business days. If you call after that time, your payment will be credited as of the next day and posted within three business days. We may process your payment electronically after we verily your identity. • Express Payments. You can send payment by courier or express mail to the Express Payments Address: Customer Service Center, Attention: Payment Mail Opening, 8725 W. Sahara Ave, Las Vegas, NV 89117. Payment must be received in proper form at the proper address by 5 p.m. Pacific time to be credited as of that day. All payments received in proper form at the proper address after that time will be credited as of the next day. • In Store Payments. for your added convenience, payments can be made at I he Home Depot' stores with no service fee. Payments made at the store prior to the store closing time will be posted to your account as of that day but availability may be subject to verification of funds. REPORT A LOST OR STOLEN CARD IMMEDIATELY. You may call Customer Service 24 hours a day, 7 days a week. Page 2 of 2 he Home Depot CdnSUmer HD 0309A Verification Liss Bitter 1, , am employed by Citicorp Credit Services, Inc. (USA) (hereafter CCSI), a subsidiary of plaintiff, Citibank (South Dakota), N.A. CCSI is a service provider for plaintiff in that it services credit card accounts owned by plaintiff. I am authorized to make this verification on behalf of plaintiff. The statements of facts set forth in the complaint are true and correct upon my information and belief and are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Signature C-31764 Robin A Kohler Account number ending in 3389 1025 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~(±; Sheriff - ~(~ ~ pR4~-lOOTAt~Y Jody S Smith Chief Deputy ZQ ~ ~ M~~ Z5 ~~ 2~ 4 5 Edward L Schorpp Solicitor - ~~~~~!~=-'',:. ~ ;,~,'~ PEti~i~YL~/fi~vA Citibank (South Dakota) N.A. Case Number vs. Robin A. Kohler 2010-1209 SHERIFF'S RETURN OF SERVICE 03/25/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on March 25, 2010 at 0930 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Robin A. Kohler. After several attempts the Complaint and Notice has expired. SHERIFF COST: $44.20 SO ANSWERS, ,,~ March 25, 2010 RON T R ANDERSON, SHERIFF ??u-UI= r ILL y, t-PIOTHONOTAR7 20I I KAR 25 A1110:46 CUMBERLAND COUNT'S PENNSYLVANIA Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. ROBIN A KOHLER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-1209 CIVIL TERM CIVIL ACTION - LAW Praecipe to Settle, End, & Discontinue To the Prothonotary: Mark the above matter Settled, Ended and S, P.C. By: Attorney The law firm of Burton Neil & Associates is a debt collector. Lsker, Esquire Plaintiff C-31764