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Home My WebLink About10-4137 O 2019 JUN 21. PH I : IS CUMBERAC UAf t'Y Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 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. DARWIN K BROSIUS 1200 Rossmoyne Road Mechanicsburg PA 17055-4841 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - 4137 0,-,; 1 - F" 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. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 C-35556 4ga.00 PQ Ar?`y ey'1710,1 ?a?U?7 Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 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. DARWIN K BROSIUS 1200 Rossmoyne Road Mechanicsburg PA 17055-4841 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 Darwin K Brosius, who resides at 1200 Rossmoyne Road, 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 9325 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 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Defendant : CIVIL ACTION - LAW 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 $12,192.94 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 $12,192.94, and the costs of this action. Burton Nor& As#ociakes, P.C. By: Yale einstein, Esquire Atte for Plai,rdiff The law firm of Burton Neil & Associates, P.C. is a debt ,..yrr Important Reminder: As of October 31, 2009, The Home Depot Rewards MasterCard' Program will be discontinued. Your account will be closed to all further charges and will no longer earn points. You will continue to receive a monthly statement until any remaining balance is paid in full. Reward points must be redeemed by January 31, 2010. We apologize for any inconvenience. The Home Depot" Rewards MasterCard" Page 1 of 3 September 09 - October 09, 2009 DARWIN K BROSIUS How to Reach Us Account4lMllllllllllb9325 www.homedepot.oom/cards Customer Service: 1-800-975-0052 or write Carrlmember Services, PO BOX 689147 QUICK REFERENCE DES MOINES, V150368.9147 Minimum Amount Due.... _ .............................$5,529.94 YOUR ACCOUNT IS CURRENTLY CLOSED Dus Datee ......................... _.......................... ]1/09/2009 'Payment must be reoth ed by 5:00 pm local time on the payment due date. Amount Past Due ...........................................$2,880.00 Amount Over Limit ........................................$2,192.94 Total Credit Line ............................................$10,000.00 Cash Portion .......................................................$500.00 Available Credit .......................................................$0.00 Available for Cash ..................................................$0.00 ACCOUNT SUMMARY Previous Balance .......................... .................$11,856.06 Payments and Credits ................... ..........................$0.00 Adjustments .................................. ...........................$0.00 Purchases ..................................... ..........................$0.00 Cash Advances ............................. ..........................$0.00 Finance Charges .......................... ......................$295.86 Fees .............................................. ........................ $39.00 Total Balance ................................................$12,192.94 REWARDS SUMMARY Please note that your points information Previous Points Balance ........................... ............33,863 may Wt match your transaction detail Home Depot Points Earned ...................... .....................D for this billing period. Tome your Home Depot Bonus Points Earned ........... .....................D current detailed point information General Purchase Points Earned .............. .....................D and to redeem for rewards, Points Redeemed ...................................... ....................D please visit www.homedepot.oom/oards. Pointe Adjusted .......................................... ....................D Total Points Available .........................................33,863 9057 0001 DIG 1 7 G 091009 E X Pale 1 of 3 1038 3810 BTX7 01680057 Please follow payment instruction, outlined in the 'Important Inetmc5ona for Making Paymente" secti on of the statement. Your Account Number 75520810008789325999999999990004 325 Payment Due Date Vour Total Bstance Minmum Amount Due Plena Enter Amount of Payment Enclosed 11/06/2009 $12,192.94 $5,529.94 $ 1111?I1??I1?11?I?111111?e1111?11111e11e1?1?l11'II?"IIIII'?III'II DARWIN K BROSIUS HOME DEPOT CREDIT SVCS 1200 ROSSMOYNE RD PO BOX 6926 MECHANICSBURG PA 17055-4841 THE LAKES, NV 88901-6926 Ill?llln 'I'??'??I'?1e1111pllrllu?lllllugld111i1??III'llll? I ewf?Rdm?e of na L ?smeee ona I YOU Provide an small addreee, we may use it to contact you about your account. We may 0100 use your smail address to and you information about Prim charges aHrau, phone number a snail e.• Products and service you might find useful. EXHIBIT_ )4 DARWIN KIMSIUS Page 2 of 3 Amount 9325 September 09 - October 09, 2009 FEES General Fees Amount 4 FINANCE CHARGE INFORMATION Days m Bel- Pen dio Traneadion ANNUAL Nminal Penodb z BidkV z 8ub)eot to - FINANCE + FINANCE PERCENTAGE APR Red. Period Finance Charge CHARGE CHARGE RATE PURCHASES/FEES 29.980% .08216 %(D) x 30 x $11,416.21 = $281.39 + $0.00 29.980% CASH ADVANCES General Adv 29.990% .08216 %(D) x 30 x (1588 10 = $14.49 + $0 .00 29.990% Total FINANCE CHARGE _ $295.88 NOW YOU CAN MAKE PAYMENTS ON THIS ACCOUNT BY VISITING A REGISTER AT ANY HOME DEPOT STORE IN THE U.S. OR, YOU CAN PAY YOUR BILL ONLINE, OR SIMPLY WRITE A CHECK MADE PAYABLE TO 'HOME DEPOT CREDIT SERVICES' AND MAIL IT IN ALONG WITH YOUR REMIT COUPON. 6067 0001 Die 1 7 6 091009 E X Page 2 of 3 1436 3610 67X7 010.6067 In the roWm envelope, please: 1 Enclose your check or money order. Include your account number and name on the front of your check or money order. Please, no cash or foreign currency. 2 Enclose your payment coupon. Do not staple or tape it to your payment. Insert the payment coupon so that the entire Home Depot address appears through the window of your remittance envelope. Notification of Disputed Item - Please call Customer Service prior to completing this form. Please sign this form and rat= It to: Cardmambar Services, PO Box 653021, ? 3.1 have not racolvad themerchandha that waste hew been shipped to me Dallas, TX75265-3021.0"A mall this form with your payment. Ifyyoouurrcand has been lost. stolen or you haw not receiwd it call Customer Service Immediatel . Expected date of delivery was (mm-ddry Imrdacted the h N- 13 W , y. Do not use this form. Meabe print In bkwor block irk. merc ant on (m m W and the mercMntS reaporm was (In order to assist you, the merchant must be CASE 10: ? 4. 1 haw (circle erne) returned / Canceled merchandise NAME (PLEASE PRINT) on (mm-6d-W because P leafe ?y of the retuned -paw receipt rRaw SIGNATURE DATE er M reOaML ? 5. The attached credit slip was listed as a charge on my statement • ACCOUNT* ? 6.1 was isswtl a credit $sP for $ on (mm-dd . ' - REFERENCE # AMOUNT OF DISPUTE $ whiCh was not shown on nth satement Acwpya aid t SBp my MERCHANT ? 7. Merchandise that wes shipped to me arrived damaged and/or tlefectlve Ihawesamiedthachargn m5detomyacwut and amdlsputkp an item forth Mert T---p n w-dd-JYL I rebred it on (hm-dd-yy), fdlowkrgrassorx . Please provide ? t Neither I nor any parson authorized by me to use my cant made the postal amt shame 19W above. In ad iltim neither I nor arvione authorized by me ? 8. My etcouM was charged S but I should have been bided received the goods and services represented by this transaction. (M Suv bad this option and aid $ Errebbea s a copy the Oaks reatpt Which II 1e oarreet ambunL ? 2. Although I dldf a _ion with the worciranit, b [3 9. Other - Attach s letter describing the dispute. I did ? e erme sa bnW totalkq S In nor did arrrore eae authorized to use my Card I d. Mee all my cards H inv . Ezrelentl Is a copy or the Ardhofzaa Sales up. Nast You may write us or use this form for a Copy). However, N you use this form, you may went to record the information on the reverse side for your records. .%in .................................... ......................................... Information About Your Account ............................................................... YOUR ACCOUNT IS ISSUED BY CITIBANK(SOUTH DAKOTA), NA us to receive, In the proper form, your Total Balance to avoid imposition of Annual Membership I". Rehr to your statement In the month in which the fee additional fkuarce charges on purchases. 11 you how accepted Chain balance Is billed. transfer afters for which you may be eligible, you may not be able to avoid additional financechar es esdanc W d In l f RENEWING YOUR ACCOUNT. You may how Your annual merMerehlp in g , a your ba ance trans er offer. credited to your account N you close your account within 30 days from the FOR CASH ADVANCES - You haw no grace period In which to repay your mailing or delivery of the statement containinq the fee, even it you use your ard period thalt a Ybu dab the Custwner Service number or write to the balance for Cash advances before a finance Charge will be Imposed. u x a aCCOUM will be terminated; we w WIN s at edt nt Your aount duringg this for 30 Mdaye anriod a d Vow MINIMUM FINANCE CHARGE. There will be a minimum Rnancecharge of $2 for annual he facM1 bBinq period in which allnenu charge, based upon 5 periodic rare, Is payable. ANNUAL PERCENTAGE RATE. Rehrtethe Finance Charge Information section ABBR[10NS. APR Annual Percentage Rate; (D) Indlgtes a dally periodic r f Ck C ;: of this statement Your periodic rates and APRs may very. a t, m. o s Convenience Checks. BALANCE SUBJECT TO FI NANCE CHARGE - AVERAGE DAI LY BALANCE BWing RIgMS 11-ame y feet (INCLUDING NEW TRANSACTIONS). The avallable Unix May include: In Case of Ewen or Gwstlom About your 8111. If you think your bill Is wrong, or standard purchases, each purchase subject to promotional term if you need moo Information about a transaction on your NII, write us at the th h Customer Service address on this statement as abash as possible (you may M. but e purc ases shown in the PURCHASES section ofthis statement and the fees shown IntheFECS sectionafthisstatement aid Inthe FINANCE CHARGE are not mqukad to use the "NMRkatlon of Disputed Item" form provided or a copy of iU. We must hear from you no later than 60 da s r w ft d th f , INFORMATION saction as PuRCHASES/FEES. = . portion of the flushes. y a e e sen you e irst bill on which the error or problem appeared. You an telephone us but doing so will , =m serve your rlgms. M you choose to use the form above, please call Customer : Including the Stffternent/Closing Date. To get the daily balance we tols, iT? a fora lotance. if vm send us a Letter, give us the Following Information: • Y d . begloningballanceforsexhleetureavery, add any new transactions. fees, and My finance charge on the pwAcus, U?? balance, subtract my credits w ourremew occountnunber. • ThedoileramouMMthasuspectederror. • Describe the error and explain, ifyou can, whyyou believe there is an error. If you need more information. describe the Item you are unsure about Please n es f h f be sure all correspondence is signed by the primary cardholder. o or eac ill b eature by the nium, of days In the andbythe dally rate the 1bu do not haw to pay any amount in question while we arc imastigatkrq. But you W e the finance, ex arc still obligated to pay the parts of your bill that are not In question. While we Investigate your question, we cannot report you as delinquent on the disputed ZATEMFNT/CLOSING DATG ldentitkMas Me second date onpsge one dreary u lertMlkleTM NOme Depot Rewards MasterCard qt ourtlhtretion,tMSStatr meth l lu item orate arty action to calkrct the amount you question. Syetlal Rule for Credit Card Purchases. If you how a problem with the quality of goods or services that you purchased with a credit Card and you haw hied in may ne decMmges, sand psYmeMSOntM Statement/Closkp Date. . good faith to correct the problem with t he merchant, you may not haw to pay the GRACE PERIOD FOR REPAYMENT OF BALANCES. FOR PURCHASES - remaining amount due on the goods or services. You haw this protection only when the purchase price Is more than $50 and the purchase Is mad. In your home t t i i If we received payment In full of the Total Balance, If arw, fisted ontM last billing statement,IntMproper form,intimetobetreditedesot s e or w a th n 100 miles of your making address. (If we own or operate the merchant. or If we milled you the adwrtlsement for the property or services. Me payment due date on that statement, you have until 5 pm. local time on the all purchasesare covered regardless o/amountor loatlonof purchase.) payment due data shown on this statement, which is not Ins than 20 days, for IMPORTANT INFORMATION FOR MAKING PAYMENTS CREDITING PAYMENTS. We must receive your malted patin proper form at ourprocesslrgfacility by Sp•m. localtlmethem. Ifwe Co, dIt will he credited your payment as of the next day and It will post within three business Gayyss For securityreasons ou ma be unabl t f A asofthatda Apayment ncNwdattMprotnskla5facMltylnproperformafter i w next tt ? het ti a Wfrb ed t , y y e o pay your entire New O lancewit yourfintonlinepayment 5 regula mod to us. r reach There may be a tl@u of up to in c eElt =, s payment we receive that is not in proper form or is not so r t • My be Phone Service. You may usethis service anytime to make a payment by phone, if your account is ellYi0le. You will be Charged $14.95 to use this r ec address. TM arrest address for a payment sent by regular mall is the address service. Cal I by 5 0.m. Eastern time to haw your payment credited as of that Iissed on the return envelope or on the front of the payment coupon. A payment rteda In-store Is no sent to the correct address. The correct address f a r sent b i yydourand posted within three business days. If you call after that time. Duslneasi Oays. We may processes of the need day and paled within force your payment electronicall aft lf q p ?m y cour er or express mail is the Express Payments Address y er we wr y your Identity. Proper Form. For a payment sent by mail or courier to be in form, y.umust proper must • Express Payments. You can send payment bX courier or express mall to the Express Payments Address: Customer Serv ce Center Attention P t • a valid check or money made Y payable to Home Depot Credit ServklL No men, gift ards .,forsign currency please . : aymen Mall Opening, 8725 W. Sahara Ave Las Vegas, NV 89117. Payment must be receiwd In proper form at the proper address by 5 P.M. Pacific time to be l , . • Include your name and account number on the front of your check or cred te0 as of that day. All payments received In pro per form at the proper address afterthat tlmew111 be credited as of the next day. nroplneetyeord". y dppo m r Nr hia p i e?k ? ha thl ch In Share _Payrmnts. For y your added convenience. payments an be made at Th. menu made at to he rstore ri roW lll al l M deDil In C or wo the cl e tYe may de s a s soon estM Eaybu al y aybe sugect V , onof funds day w receive LM ehesk. Alsq 4th cheek will be destroyed. PAYMCNT OPTIONS OTNER THAN RlGULAR MAIL. REPORT A LOST OR STOLEN CARD IMMEDIATELY. You may all Customer • Online ments. Visit mylumedepotaccount.com and sign up for fre e PPaayy Servke24hmnada y,70aysaweek. p e ut todmake an online payment by S pm. Eason tIf we recel ime, we Will credit COPY FEE. We g 3 months or more?yNead$5 for ! d the fee to e?eopurchaise D IsoceeWe waiwaMe fee if r payment es of that to and It will post within three businns days. if we receive your request tomake an onllnepaymentafterthat time, we will cedt your request torMecopy rcMtn toe billing error or disputed purchase. olce6057 - 11 - 02/18h009 THDCE 12/08 6057 0001 DIG 1 7 6 091009 E1( Page 3 of 3 1438 3910 6TH7 OICB6057 Verification I, AbbN Moft 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-35556 Darwin K Brosius Account number ending in 9325 1025 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart SOIICItOr ~Q«~titr of ~~uabrr~~~~ ~~ ~ ` ~rY ~lflFlt".E , TAE "'6RI~F ZE~~~ ~~,jE -G A~ ~~ ,~~ r~lw ~`~l~~.tY~,~~i~ v~ Citibank (South Dakota) N.A. Case Number vs. Darwin K. Brosius 2010-4137 SHERIFF'S RETURN OF SERVICE 07/01/2010 07:47 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 1, 2010 at 1945 hours, he served a true copy of the within Complaint and Notice, on the within named defendant, to wit: Darwin K. Brosius, by making known unto himself personally 1200 Rossmoyne Road Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents~nd at he same time handing to him personally the said true and correct copy of the same. DEPUTY SHERIFF COST: $37.00 July 02, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (ci GouniySuite Shenff, Teleosoft. Inc. •~ CITIBANK (SOUTH DAKOTA), N.A., Plaintiff v. DARWIN BROSIUS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 10-4137 CIVIL TERM CIVIL ACTION -LAW ANSWER N COMES NOW, Darwin Brosius, the defendant above named, and answers tl~ all~atio of the complaint filed on June 21, 2010, in the above captioned case as follows: ~?? ~` ~-.. 1. Admitted. '', -' -~. r_ r .~- `, "~s 2. Admitted. ',, ;` , =~'° ~~ ~~ '~; r; ~ ~?r 3. Defendant has no information about what plaintiff does and how it is organizes;~nd therefe~e denies the allegations of paragraph 3. 4. Admitted. 5. Defendant has no information about the accuracy of plaintiff s records and bookkeeping, and therefore denies the allegations of paragraph 5. Strict proof of the allegations of paragraph 5 is demanded. 6. Defendant admits that plaintiff mailed monthly billing statements to defendant, including Exhibit A to the complaint. Defendant has no information with which to gauge the accuracy of the calculations and therefore denies them. Strict proof of the allegations of paragraph 6 is demanded. 7 8. Denied, but admitted that for a long time defendant made payments on the account. Denied as a conclusion of law to which no response is required and denied factually as well. WHEREFORE, defendant demands that plaintiff's complaint be dismissed with prejudice. tted, ~5ott, Esquire Street, P.O. Box 116 PA 17020 July 13, 2010 I verify that the statements made in the foregoing documents are true and correct to my best personal knowledge, understanding, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. arwin K. Brosius A "L 1 till T��ripi:.` 2D/4 FEB i 4 PM I: PENNsyLI-41-14NT'y Burton Neil & Associates, P.C. By: Yale Weinstein, Esquire ID.NO. 89678 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 Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA v. : NO. 10-4137 DARWIN K BROSIUS Defendant : CIVIL ACTION-LAW Praecipe to Satisfy Judgment To the Prothonotary: Mark the judgment Satisfied . Burton N:' & • . •ci,tes, P.C. By: -- / ie Weinstein, Esquire ` orney for Plaintiff This is an attempt to collect a debt, and any information obtained will be used for that purpose. This communication is from a debt collector. C-35556/318 DWI- DLit/WE'? pd a leAk 3bii3(