HomeMy WebLinkAbout10-3878
PLED
Burton Neil & Associates, P.C.
By: Burton Neil, Esquire ID. NO. 11348
1060 Andrew Drive, Suite 170
West Chester, PA 19380
(610) 696-2120
Attorney for Plaintiff
CITIBANK (SOUTH DAKOTA), N.A.
701 East 60th Street N
Sioux Falls, SD 57117
Plaintiff
V.
THOMAS R ENSMINGER SR
5650 Charlton Way,
Mechanicsburg PA 17050-6616
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 10 - 3878 0,1vit - em
CIVIL ACTION - LAW
Complaint - Notice
You have been sued in court. If you wish to defend against the claims set forth in the following
pages, you must take action within (20) days after this complaint and notice are served, by
entering a written appearance personally or by attorney and filing in writing with the court your
defenses or objections to the claim set forth against you. You are warned that if you fail to do so,
the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERENCE AND INFORMATION SERVICE
Cumberland County Bar Assoc. s
32 South Bedford Street 4qA, 00 PO A77--/
Carlisle, PA 17013 e# 75901f7
Telephone No. 717-249-3166 or 800-990-9108 01a -1:5-5 Q 3
C-34604
Burton Neil & Associates, P.C.
By: Burton Neil, Esquire ID. NO. 11348
1060 Andrew Drive, Suite 170
West Chester, PA 19380
(610) 696-2120
Attorney for Plaintiff
CITIBANK (SOUTH DAKOTA), N.A.
701 East 60th Street N
Sioux Falls, SD 57117
Plaintiff
V.
THOMAS R ENSMINGER SR
5650 Charlton Way,
Mechanicsburg PA 17050-6616
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
Complaint
1. Plaintiff is CITIBANK (SOUTH DAKOTA), N.A., with place of business located at
701 East 60th Street North, Sioux Falls, South Dakota.
2. Defendant is Thomas R Ensminger Sr, who resides at 5650 Charlton Way,
Mechanicsburg, 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 4582 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 $16,011.27 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 $16,011.27, and
the costs of this action.
Burton Neil & Associates, P.C.
`By ...
Burton Neil, Es, uire
Attorney for Plpintiff
The law firm of Burton Neil & Associates, P.C. is a debt collector.
lmh
Closing Date
Revolving Balancet
Promotion Balance
Total Balance
t Revolving Balance includes
Send Notice of Billing Errors and
JJJ Customer Service Inquiries to:
HOME DEPOT CREDIT SERVICES
PO BOX 689100, DES MOINES IA 50368-9100
Next Closing Date Credit Line
AUGUST 17, 2009 $0.00
Opening Balance Payments & Credits
$15,685.00 $0.00
$15,685.00 $0.00
motional transactions plus Promotions that I
Account Statement
Customer Service: Mailed payments must be
myhomedepotaccount.com received by 5:00 p.m.
or 1-866-4 Central Time on
Account. 4582AUGUST 12, 2009
Credit Available Payment Due Date Minimum Payment Due
$0.00 AUGUST-12,2009 $3,515.00
Purchases/Other Charges FINANCE CHARGES New Balance
$39.00 $287.27 $16,011.27
+ $0.00 + $0.00 = $0.00
$39.00 $287.27 $16,011.27
CURRENT ACTIVITY Transaction Date Location/Transactions Amount
Your late fee was based on an account balance of $15,685.00, which was your account balance on the late fee transaction date.
SEE BACK OF STATEMENT FOR INFORMATION ON GRACE PERIOD AND PROMOTIONAL OFFERS.
07/12 LATE FEE $ 39.00
07117 'BILLED FINANCE CHARGES' $ 287.27
ANNUAL PERCENTAGE RATE on the account: 21.37%•'
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
MAJOR PURCHASE PLAN $7,734.15 0.04241% (M) 15.48% 31 $101.68 -
co Z REGULAR REVOLVE CREDIT PLAN $8,096.85 0.07394% (M) 26.99% 31 $185.59 -
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This Account Issued by Citibank (South Dakota), N.A.
Page 1 of 2
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't' Please detach here.
Your Account Number
1 New Balance
[
1 Payment Due Date
1
1 Amount Minimum
Past Due Payment Due
1
11
4582 $16,011.27 AUGUST 12, 2009 $3,028.00
$3,51500
Make Checks Payable to:
HOME DEPOT CREDIT SERVICES
6035320185604582160112700050000351500104
KBAVHDI 1 7/17/09 157654 A
I I I IIII I III I III tell u11111 I I I I
II II II I I Intl III I III III I I I III II I III
a THOMAS R ENSMINGER SR
5650 CHARLTON WAY
MECHANICSBURG, PA 17050-6616
Print address changes above in blue or black ink.
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L01,1111-1=1211 14:10-1
We've lowered prices on over a t
Amount
Enclosed
$
housand items storewide.
HOME DEPOT CREDIT SERVICES
PROCESSING CENTER
DES MOINES, IA 50364-0500
I II II III II I IIII IIIIIIII 111,111 l 11111111111 l 11 11111111 11 1111111111
EXHIBIT
_,$_
it
Information About Ybur 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. Yle do this each day of the tilling period, includ-
ing the Closing Date. In addition, for each balance, we multiply the daily halance 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 say'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 (it 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 (INCLUDING 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
Date. It gel the daily balance, we lake the beginning balance For each balance every day, add any new I
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 numberof days in the billing period and by the applicable daily
periodic rate, the result will be the periodic finance chargesassessed for that balance, except for minoryari-
atlons 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 T', we use the following calculation
method. To get the Balance Subject to Finance Charge for each balance (e.g., each purchase subject to pro-
motional terms, other regular revolve credit plan purchases and other major purchase plan purchases) we
take the beginning balance for that balance every day (including finance charges imposed in previous billing
periods), add any new purchases, subtract any credits or payments credited as of that day, and make other
adjustments. A credit balance is treated as a balance of zero. this gives us the daily balance. We add up all
the daily balances for the billing period (including the balances on the Closing Dale) and divide by the total
number of days in the tilling 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 (inctud-
ing new transactions).
AVERAGE DAILY BALANCE (EXCLUDING NEW TRANSACTIONS)-Method I If the periodic rate listed in the
Finance Charge Summary Section of this statement is followed by a "k", we use the following calculation
method. To get the Balance Subject to Finance Charge for each balance (e.g.. each purchase subject to pro-
motional terms, other regular revolve credit plan purchases and other major purchase plan purchases) we
take the beginning balance for that balance every day and subtract any credits or payments credited as of
that day and any unpaid finance charges. We do not add in any new purchases. A credit balance is treated
as a balance of zero. This gives us the daily balance. We add up all the daily balances for the billing period
(including the balances on 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 of your finance charge
on transactions subject to this calculation method by multiplying the applicable monthly periodic rate for
that balance by the Balance Subject to Finance Charge (excluding new transactions).
AVERAGE DAILY BALANCE (INCLUDING NEW TRANSACTIONS)-Method L. If the periodic rate listed in the
Finance Charge Summary Section of this statement is followed by an "L", we use the following calculation
method. To get the Balance Subject to Finance Charge for each balance (e.g., each purchase subject to I
motional terms, other regular revolve credit plan purchases and other major purchase plan purchases) we
take the beginning balance for that balance every day, add any new purchases, and subtract any credits or
payments credited as of that day and any unpaid finance charges. A credit balance is treated as a balance
of zero. This gives us the daily balance. We add up all the daily balances for the billing period (including the
balances on the Closing Date) and divide by the total number of days in the billing period. This gives us the
Balance Subject to finance Charge for that balance. ''Re 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 "I 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-
ous day. We add any periodic finance charge on the previous days balance. (This results in daily compound-
ing of finance charges.) We add any new charges. We then subtract any new credits or payments and make
other adjustments. A credit balance is treated as a balance of zero. We figure the periodic finance charge by
multiplying the dally 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. Hounding 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 limiled 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 Equal Payment Plan offers described below. Your
promotional terms may end if you default under the Card Agreement because you to 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. this is called a grace
period on purchases. The grace period is at least 20 days. To get the grace period on purchases, pay the follow-
ng 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 suspected error.
• Describe the error and explain, if you can, 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. II 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.
-rvnn creaft approval for qualifying purchases made on The Home Depot or EXPO Design Center Consumer Credit Card. For accounts in good standing, APRs up to 20996. Default APR up to 29.990/0.
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.
Crediting Payments. We must receive your mailed payment in proper form at our processing facility by 5 p.m.
local time there. If we do, it will be credited as of that day. (Please refer to the top right hand corner on the
front of your statement for processing lacility time zone) A payment received at the processing facility in
proper form after that lime will be credited as of the next day. Allow 5 to 7 days for payments by regular mail
to reach is. There may be a delay of up to 5 days in crediting a payment we receive that is not in proper form
or is not sent to the correct address. The correct address for a payment sent by regular mail is the address
listed on the return envelope or on the front of the payment coupon. A payment made in-store is not sent to
the correct address. The correct address for a payment sent by courier or express mail is the Express Payments
Address shown below.
Proper Form. For a payment sent by mail or courier to be in proper form, you must:
• Enclose a valid check or money order made payable to Home Depot Credit Services. No cash, gift cards, or
foreign currency please.
• Include your name and account number on the 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 S5 for each copy of a billing statement that dates back 3 months or more. We add the
fee to a balance of our choosing. We reserve the right to add this fee to balances subject to a higher annual
pefcentage 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 alter we verify your identity.
Express Payments. You can send payment by courier or express mail to the Express Payments Address:
Customer Service Center, Attention: Payment Mail Opening, 8725'W. Sahara Ave., Las Vegas, NV 89117. Payment
must be received in proper form at the proper address by 5 p.m. Pacific time to be credited as of that day. All
payments received in proper form at the proper address after that time will be credited as of the next day.
• In Store Payments. For your added convenience, payments can be made at 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 Consumer HD 0309A
Verification
I, Lsa Biumer
, am employed by Citicorp Credit Services, Inc. (USA)
(hereafter CCSI), a subsidiary of plaintiff, Citibank (South Dakota), N.A. CCSI is a service
provider for plaintiff in that it services credit card accounts owned by plaintiff. I am authorized to
make this verification on behalf of plaintiff. The statements of facts set forth in the complaint are
true and correct upon my information and belief and are made subject to the penalties of 18 Pa.
C.S. Section 4904, relating to unsworn falsification to authorities.
Signature
C-34604
Thomas R ENSMINGER SR
Account number ending in 4582
1025