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HomeMy WebLinkAbout10-4566~., FIE ~i ~ ~` ~~ 2710 !~'_ 12 F~l 2~ 11 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. MICHAEL A ENDERS 734 Elkwood Drive, New Cumberland PA 170701544 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - y5(o(p C;,~;1-~,~rw, 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 HHZING A LAWYER. IF YOU CANNOT AFFORD TO HIItE 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 #Qa,OD PQ ArH C-35652 ~~"789213 ~* a~soa,~ 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. IN THE COURT OF COMMON PLEAS 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. MICHAEL A ENDERS 734 Elkwood Drive, New Cumberland PA 170701544 NO. Defendant CN1L 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 Michael A Enders, who resides at 734 Elkwood Drive, New Cumberland, 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 1483 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 $1,821.48 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 $1,821.48, and the costs of this action. & Associates, P.C. Burton~teil Esquire Attorney f Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. .- ,, ,~v Account Statement ~ ~~ Send Notice of Billing Errors and tvUatOmer SeNiCe: Customer Service Inquiries to: myhomedepotaCCOUnt.COm Mailed payments must ba HOME DEPOT CREDIT SERVICES or 1-866-458-7683 received by 5:00 p.m. PO BOX 653000, DALLAS TX 75255-3000 Central Time on ~ ACCOUnt: `1483 FEBRUARY 24, 2010 Closing Date JANUARY 27, 2010 Next Closing Date FEBRUARY 24, 2010 Credit Line $0.00 Credit Available $0.00 Payment Due Date FEBRUARY 24 2010 Minimum Paymem Due $427.00 Opening Balance Payments 8 Credits Purchases/Other Charges FINANCE CHARGES New Balance Revolving Balance! $1,751.93 $0.00 $39.00 $30.55 $1,821.48 Promotion Balance $0.00 ~ - $0.00 $0.00 '~' $o.oo - $o.0a TOta1681anC@ $1,751.93 $0.00 $39.00 $30.55 $1,821.48 t Revolving Balance includes non-promotional transactions plus Promotions that have expired. CURRENT ACTIVITY Transaction Date LocatioNTrensactions amount We may be able to temporazily reduce your monthly payment and finance chazge. Our Account Resolution Specialists are available to provide assistance. Please contact us at 1-866-752-0874, visit us online at myhomedenotaccount.com, a go to your local The Home Depot store. Your late fee was based on an acr~unt balance of $1,751.93, which was your account balance on the late fee transaction date. SEE BACK OF STATEMENT FOR INFORMATION ON GRACE PERIOD AND PROMOTIONAL OFFERS. ~Z Z Z Z I ~Np Z ipps Z Z O I Z z Z z z z olrzs 01!27 LATE FEE 'BILLED FINANCE CHARGES' 39.00 30.55 ANNUAL PERCENTAGE RATE on the eocount: 21.00%•' •• The "ANNUAL PERCENTAGE RATE on the acwunt' 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 Outer Subledto Dally ANNUAL Billing FINANCE FINANCE Finance Charge Periodic Rate PERCENTAGE RATE Pedod CHARGES CHARGES Current Billing Period REGULAR REVOLVE CREDIT PLAN $1,770.52 0.05753% (C) 21.00% 30 $30.55 - r,..: -t~, .: . , ..:. ,.. ~~taf• t;~~ r~f~,int~ c~r~ ~o~g~ n161~C~ it fia~a~e~l. ` ° ~ ` `""' ' ~ ~ Many customers have resclved overdue amounts by using their tax refund money. It's simple ' `' and convenient. if you're not expecting a refund, we may have payment options available. ~`'' . Call 1-866-~18-6'159 todayi We have payment o Lions and lens that ,... _ ~ • . ... P .4 ,a. R;,,.~. - . you may not be aware of. So Lt's Important far you to call today. °~- This Account Issued by Ckibank (South Dakota}, N.A. Page 1 of 2 't' Please detach hare. Your Account Number New Balance Payment Due Date Amount Minimum 483 $1,821.48 FEBRUARY 24, 2010 Past Due $339.00 Payment Due $427.00 Make Checks Payable to: HOME DEPOT CREDIT SERVICES 6035320240511483018214800056000042700104 KBAVHDI 1 1/27/10 225694 A N Il~lllifll~ll"'III'~IIIIIt~~II~Iftf~lltltlll'llll~ll~lll~ll'~'~~ a MICHAEL A ENDERS 734 ELKWOOD DR NEW CUMBERLAND, PA 17070-1544 Print address changes above in blue or black ink. Amount Enclosed Stsrtin0 February 22, 2010, minimum monthly payments are required on new promotional purchases. HOME DEPOT CREDIT SERVICES PROCESSING CENTER DES MOINES, IA 50364-0500 tlln~lt~t~lll~tltllllfl~lt~lt~'I~II'I~III'Itllnl~~~nllnllt~~~ InfotSmatlon 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 dairy balance for each balance (e.g. each purchase subject to promatbnN terms, other regular revolve credit plan purchases and other major pur- chase plan purchases) by the applicable daily periodic rate. We do the each day d the billing period, includ- ingthe Closing Date. In addition, for each balance, we multiply the daily balance for each day of the prevr 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 (destribed below in the section entitled the Grace Period on Purchases) or a periodic f finance charge was already trilled on (hat 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 credted as of that day, and make other adjust- ments Acredit 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. II you multiply the current cycle Balance Subject to Finance Charge try the number of days in the billing period and by the applicable daily periodic rate, and you multiply the vious cycle Balance Subject to Finance Charge (if currently subject to a finance charge) by the number of days in [hat billing period and by the applcable daily pedodic 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 DAIp BALANCE ONCLUDING NEW TRANSACTIONS)-MeMad H. It the periodic rate listed in the Finance Charge Summary Section of this statement is followed by a "H", we liqure a portion of the finance charge on tour account each day by mulllplying the daily balance for each balance (e.q., each purchase suh- jecl to promotional terms, other regular revolve uedil 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- chasesand any finance charge an the previous daY's balance, subtract arty credits or payments credited as of that day, and make other adjustments. A credit balance is treated as a balance al zero. The Balances Subject to Finance Charge are t he averages of the respective daily balances during the billing period. If you multiply this figure for each balance by the number of days m the billing period and by the applicable dally periodic rate, the rewlt will be the pedodic finance chargesassessed forthat balance. except lorminarvari- ations caused by rounding - AVERAGE DAILY BALANCE (INCLUDING NEW TRAMSACTM)NSYMetfrod 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 baance (eg., each purchase sub)ec[ 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 oT that day, and make other adjustments. A credit balance is healed as a balance of zero. Ibis 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 local number of days ~n the billing period. This gives us the Balance Subject to Finance Charge for that balance. We liqure a portion of your finance charge on transactions subject to this calculation method by multiply- ingthe 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 "K", we use the follawmg calculation method To get the Balance Subject to Finance Charge for each balance (e.Q., each purchase subject to pro• motional terms, other regular revolve credit plan purchases and other mayor 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 arty 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 Thal balance. We figure a portion of your finance charge on transactons subject to this calculation method by multiplying the applicable monthly perodic rate for Thal balance by the Balance SubjeU to Finance Charge (exdudmq new transactions). - AVERAGE DAILY BALANCE (INCLUDING NEW TRANSACTIONS)-Method L. If the periodic rate listed in the Finmxe Charge Summary Section of this statement is folowed by an "L", we use Ifie following calculation method To get the Balance Subject to Finance Charge for each balance (e.q., each purchase sublect to pro- motional terms, other regular revalue 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 Che total number of days in the billing period. ihls gives us the Balance Subject to Finance Charge for that balance. we liqure a porhon of your finance charge on lransar lions subject la this calculal'an method by mulliplyinq the applicable monthly periodic rate for that balance by the Balance Subject to Finance Charge (including new transactions). • AVERAGE DAILY BALANCE (INCLUDING NEVI TRANSACTNMIS}-Metlgd 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 staff with the balance as of the end of the previ- ous day. we add any periods finance charge on the previous day's balante. (this results in daily compound- ing of finance charges) we add arty new charges. We then subtract any new credits or payments and make other adjustments. A credit balance is healed as a balance of zero. We figure the periodic finance charge by multiplying the daily balance by its daily periodic rate. We do this far each day in the billing period. The Balance Subject to Finance Charge is the average of the daily balances during the billing period.lf you mul- tiply this liqure for each balance by its daily periodic rate and by the number of days in the billing period, the result is life total periodic finance charge on that balarue. Rounding may cause a small diilerence. PROMOTIONS. Yk may otter you promotional terms for all or a part of any balances Any promotional terms may apply for a limited period of lime. They will be governed by the terms oI the promotional offer and your Card Agreement. They may include the No Interest, 096, and tqual Payment Plan offers described below. Your promotional terms may end it 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 ii you pay the balance in lull by the end of the promotional period. We will impose finance charges an this balance if you do not pay the bal- ance in lull 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 oiler 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 pronotional offer will specify the amount of the minimum payment required on this balance. CLOSING DATE. At our discretion, this statement may include charges, lees, and payments on the Closing Date. GRACE PERNID ON PURCHASES. You can avoid pperiodic fin~ce charges on purchases Ibis is caller a grace period on purchases. The grace period is at least ZO days. To get the grace period on purchases, pay the follow ing amounts by the due dale every billing period: • the New Balance, less any No Interest, 096 and Equal Payment Plan balances that expire after khe pay- ment due date, plus • the minimum monthly payments required lot your No Interest, 0%, and Equal Payment Plan balances that expire after the payment due date.. II you do not, you will not gel a grace period unless you pay the aha~e amounts by the due dale 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 ofkrs, may also allow you to have a grace period on pur- chaseswithout having to pay all or a portion of the promotional balance try the due date. If either is the case, the promotional ofkr xill describe what happens. BILLING RMiHTS SUMMARY. In Case of Errors or Questions About your Bill. It you think your hill is wrong, or if you need more information about a transaction on your Dill, write us at the Billing Errors address on this statement as soon as possible. We must bear from you no later than bD 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 ern>r. • Describe the errs and explain, if you wn, why you belicwe there is an error. If you need more infomution, describe the item you are unsure about. Please be sure all correspondence is sigried by the primary Wrdhokler. 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 copeck the amount you question. Special Rule for Credit GN Purchases. It 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 S50 and the purchase is made in your home state or vdthin 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 Accaunl for the entire promotional period it qualjfying 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 FXPO Design Center Consumer Credit Card. For accounts in good standing, APRs up to 26.9996. Default APR up to Z9.99%. Minimum FINANCE CHARGE: S2. 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. Credttinq Payments. We must receive your mailed payment in proper form at our processing facility by 5 p.m. local time there. Ii 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 facility lime zone) A payment received at the processing facility in proper form alley that lime will be credited as of the next day. Allow S l0 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 receve that is not in proper form or is not sent to the correct address The correct address far 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 Iront of your check or money order. If you send an ellgihle chedi with this payment coupon, you authorize us to complete your payment Try electronic debit. If we do, the idleckinq aaount wiN be debited in the amount on the check. We may do this as soon as tM day we receive the check. Also, the check will be destroyed. Copy Fee. We charge S5 for each ropy of a tilling statement that dales 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 percentage rate. we waive the fee if your request for the copy relates to a billing error or disputed purchase. PAYMENT OPTIONS GTNER 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 alter that lime, we will credit your payment as of the next day and it will post wtthin three business days For security reasons, you may be unable to pay your entire New Balance with your first online payment • Pay by Phorrs Serria. You may use this service any lime to make a payment by phone, if your account is eligible. You will be charged 514.95 to use this service. CaA by 5 p.m Eastern time to have your payment credited as of that day and pasted within three business days. If you tall after that time, your payment will be credited as of the next day oral pasted 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 Serrice Center, Attention: Payment Nail Opening, 8725 W. Sahara Ave., Las Vegas, NV 89117. Payment must be received in proper farm al the proper address by 5 p.m Pacific time to be credited as of Thal day. AIt payments received in proper format the proper address alter that lime will be credited as of the next day. • In Stan Payments. for your added convenience, payments can be made al I he Home Depot' stores with rro 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 LAST OR STOLEN CARD IMMEDIATELY. You may call Customer Service 24 hours a day, 7 days a week, The Home Depot Consumer HD 0309A Page 2 of 2 r Verification I Lisa Blumer 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-35652 Michael A Enders Account number ending in 1483 1025 SHERIF Ronny R Anderson Shenff Jody S Smith Chief Deputy Richard W Stewart $OllCItO~ OFFICE OF CUMBERLAND COUNTY ~$~t»SP Q~ Lltltf~Pk'~*~~Y ~ t ~~.~ ,{a::...a ~FFMCE ~F FHA" $ti~f=RtFF ~1~ ~~ _,, . fie- '~'lr i._ I' , . _. ` ~y,~ ZQIO .l~.iE ~ o ~~ 3~ ~~ ~., ;j,~ CUt~ ~ . J~'d ~! Citibank (South Dakota) N.A. Case Number vs. Michael A. Enders 2010-4566 HERIFF'S RETURN OF SERVICE 07/14/2010 05:37 PM -Shawn Har ison, Deputy Sheriff, who being duly sworn according to law, states that on July 14 2010 at 1730 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Mich el A. Enders, by making known unto himself personally, at Elkwood Drive, New Cumberland, Cum erland County Pennsylvania 17070 its contents ~~ t t e s me time handing to him personally the said true and correct copy of the same. DEPUTY SHERIFF COST: $43.30 July 15, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (cj CountySuite Sheriff, Teleosoff. Inc. ,. ' j - , ~ti l 1J i_ ~ l E ~~yfE~e~.C~~„~~t1~LS ~..Litii'~ ~ ~, 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. IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. I O 4566 MICHAEL A ENDERS Defendant : CNIL ACTION -LAW Praecipe to Satisfy Judgment To the Prothonotary: Mark the judgment Satisfied . Associates, P.C. eil, Esquire for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-35652 / 318 ~~ aa, sppa C~N~ ~~~a~a~ e~aaagRi