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HomeMy WebLinkAbout10-6178r 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. ROBERT A PATRICK 130 2nd Street, Enola PA 170253203 Defendant F 1i-11-70-0FFICE 0 TFF P ; " 0 T f ` N10TAt`' X010 SEil 27 Pi"i 2: ` IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 10 - ID111B (1--m 'T'erm 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 O C-39818 *gc1.00 PIJ Rrr4 0'ruslq & a'4886 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. ROBERT A PATRICK 130 2nd Street, Enola PA 170253203 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 Robert A Patrick, who resides at 130 2nd Street, Enola, 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) credit card with account number ending in 8582 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 $1,717.38 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 $1,717.38, and the costs of this action. ? By• Burton Ne* Associates, P.C. Burton Ne 1, Esquire Attorney r Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. 4\q Account Statement CD Z o Z o Z cD z I o z Z °w Z v z o I o z 0 o z z z z z z Summa of Account Activity Mailed payments must be received by 5:00 PM at the Pa ment Information address for payments by the payment due date. Previous Balance $1,636.86 New Balance $1,717.38 Payments -$0.00 Minimum Payment Due $402.00 Other Credits -$0.00 Payment Due Date May 17, 2010 Purchases +$0.00 Late Payment Warning: If we do not receive your minimum payment by the Fees Charged +$45.08 date listed above, you may have to pay a late fee up to $39.00. Interest Charged +$35.44 Minimum Payment Warning: If you make only the minimum payment each New Balance $1,717.38 Past Due Amount $310.00 period, you will pay more in interest and it will take you longer to pay off your balance. For example. _ r Jf you.( ait t?v dll*atial; a ctff lh And you w i$ charges G6irxt )tus cafd.. i nem a>t this ?` end up o.b" ad h 1 `And t h` A W?f j A 0.00 Credit Limit $ mat t W M1 tae '1 mw -.... t ? 4 016 00 dit $0 bl C A il Only the minimum payment 15 years , $ . e re va a Statement Closing Date 04/20/2010 $69 3 years $2'491 525) (Savings=$1 / /2010 , 21 Next Statement Closing Date 05 Days in Billing Cycle 30 If you would like information about credit counseling services, call 1-877-337-8188. To avoid interest charges pay $1,717.38, plus any promotions expiring this period, by 05/17110 (residual interest may apply). SAVE STAMPS, Register now for Paperless TIME.. Statements and more at AND TREESI myhomedepotaccount.com Send Notice of Billing Enos and Customer Service Inquiries to: ' "O"1 0 Customer Service. HOME DEPOT CREDIT SERVICES PO BOX 653000, DALLAS TX 75265-3000 myhomedepotaccount.com ® Account Inquiries: ACCOUttE,tlttrlber'(3582 1-866-458-7683 We may be able to temporarily reduce your monthly payment and interest charge. Our Account Resolution Specialists are available to provide assistance. Please contact us at 1-866-752-0874visit us online at myhomedeootaccount.com , or go to your local The Home Depot store. Your late fee was based on an account balance of $1,636.86, which was your account balance on the late fee transaction date. ATTENTION: Your Credit Insurance will be cancelled if you are more than 90 days past due in making the required account payment. Please call Assurant at 1-877-889-8783 if you have Credit Insurance questions. '. Missed our call? We can still help. When we call about your account, we're calling with suggestions to help bring the account s" up to date. We have payment programs you may not know about that can help you avoid future late fees. Please call us today at 1-866-518-7152. We'll be happy to help find a solution that works for you. - 1 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 of 4 This Account Is Issued by Citibank (South Dakota), N.A. ----------------------------------------------------------------------------------------------------------------------------- + Please detach th-s portion and return with your payment to insure proper credit. Retain upper portion for your records. + Make Checks Payable to: HOME DEPOT CREDIT SERVICES t Past Due Amount is included in the Minimum Payment Due. Your ilr rr Payment Due Date New Balance Past Due Amountt Minimum Payment Due Amount Enclosed { May 17, 2010 $1,717.38 $310.00 $402.00 $ Use The Card. Do More. More ways to save coming soon! 8582017173800044000040200103 KBAVHDI 2 4/20/10 0A o HOME DEPOT CREDIT SERVICES p II IIIIItIIIIIIIIIIIIIIInIIlnnnltlllilllillllllillll?Illlllln PROCESSING CENTER ROBERT A PATRICK DES MOINES, IA 50364-0500 1302ND ST Illn1llIt 1 1111111111 lt11111111111111111111111it11111 111111111111 ENOLA, PA 17025-3203 Print address changes above in blue or black ink. EXHIBIT Information About Your Account. How to Avoid Paying Interest on Purcheass. Your payment due date is at least 25 days after the close of each billing cycle. We will not charge any interest on purchases If you pay your New Balance by the payment ue date each month. This is called a grace period on purchases. Fg u do not pay the New Balance in full by the payment due date. you will not a grace period on purchases until you pay the New Balance in ll for two bi cycles in a row. If you have a balance subject to a deferred Interest, 0% APR or Equal Payment Plan promotion, that balance is excluded, except for a deferred interest, 0% APR or Equal Payment Plan balance in a billing cycle in which the promotion expires before the payment due date, (the 'excluded promotional balances°) from the amount you must pay in full to a grace rind except for airy separately required payment on that balance. In big cycles in which payments are allocated to deferred interest balances first, the deferred interest balance will be reduced before any other balance on the account However, you will continue to get a grace period on purchases so bite as you pay the New Balance less any excluded promotional balances in fulrby the payment due date each billing cycle. We may refer to deferred interest promotions as No Interest promotions. In addition, certain promotional offers may take away the grace period on purchases. Other promotional offers not described above may also allow you to have a grace period on purchases without having to pay all or a portion of the proommoottl nal o ierr willdescribe whatthhappeens, date. If either is the case, the How We Calculate Your Balance Sub)sut to Interest Rate. For each balance, the letter following the Annual Percentage Rate in the Interest Charge Calculation section on the front of the statement indicates the method we use to calculate Interest charges. For Methods C, H and M, we use a daily balance method (including current transactions) ?o calculate interest charges. For Methods and L, we use an average daily balance method (including current transactions) to calculate interest charges. For Method K, we use an average dally balance method (excluding current transactions) to calculate Interest charges. To find out more information about the balance computation method that applies to your account and how the resulting interest charges were determined, contact us at Customer Service number on the front. Promotions. We may offer promotional terms for all or a part of an balances. Any promotional terms may apply for a limited period of time. They will be governed by the terms of the promotional offer and your card agreement. They may include the deferred interest (also called No Interest), 0% APR and Equal Payment Plan offers described below. Your promotional terms will and when the promotional period expires or, to the extent permitted by law, if you make a late payment. The promotional offer will tell you if we require a separate minimum payment on the promotional balance. • Deferred Interest. No interest charges will be imposed on the deferred interest balanced you pay the balance in full by the end of the promotional period for that deferred interest balance. We will impose interest charges on this balance at the APR for regular purchases from the data of purchase If you do not pay the balance in full by the end of the promotional period. • 0% APR. No Interest charges are imposed on this balance during the promotional period. • Equal Payment Plan. This balance will be repaid in equal minimum payments. Credit Reporting Disputes. If you think we reported inaccurate information to a credit bureau write us at the Customer Service address shown on the front. Report a Lost or Stolen Card Immediately. Call the Customer Service number shown on the front, Whatlo pa 1} You Think You Find a Iillstake on Your Sistement it you think t ere is an error on our statement, wnte to us at the Customer Service address shown on the front. In your letter, give us the following information: • Account information: Your name and account number. • Dollar amount: The dollar amount of the suspected error. • Description of Problem: If you think there is an error on your bill, describe whet you believe is wrong and why you believe it is a mistake. You must contact us within 60 days after the error appeared on your statement. You must notify us of any potential errors In wwrrltinn. You may call us, but If you do we are not required to investigate any potential errors and you may have to pay the amount in question. While we investigate whether or not there has been an error, the following are true: • We cannot try to collect the amount in question, or report you as delinquent on that amount. • The charge in question may remain on your statement, and we may continue to charge you interest on that amount. But, if we determine that we made a mistake, you will not have to pay the amount in question or any interest or other fees related to that amount. • While you do not have to pay the amount in question, you are responsible for the remainder of your balance. • We can apply any unpaid amount against your credit limit. Your Rights If You Aro Dimtlsfled Wlth Your CreQ Card Purchases I you are OISS811Siled with the goods or services mat you have purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right riot to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase must have been made in your home state or within 100 miles ol your current mailing address, and the purchase price must have been more than $50. Note: Nefther of these are necessary if your purchase was based on an advertisement we mailed to you, or if we own the company that sold you the goods or services.) 2. You must have used your credit card for the purchase. Purchases made with cash advances from an ATM or with a check that accesses your credit card account do not qualify. 3. You must not yet have fully paid for the purchase. If all of the criteria above are met and you are still dissatisfied with the purchase, contact us in writing at the Customer Service address shown on the front. While we investigate, the same rules apply to the disputed amount as discussed above. After we finish our investigation, we will tell you our decision. At that point, if we think you owe an amount and you do not pay we may report you as delinquent. KEY CREDIT TERMS - NO INTEREST IF PAID IN FULL WITHIN 6 MONTHS'. $299 Minimum Purchase Required. Minimum Payments Required. Interest will be charged to your account from the purchase date If the purchase balance (Including premiums for optional credit Insurance) Is not paid in full within 6 months or if you make a late payment. '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 2111.11119%. Penalty APR up to 29A9% (rates may vary). Minimum INTEREST CHARGE: $2. Lower rates may apply. See card agreement for details including when the penalty rate applies. Offer is only valid for consumer accounts and is subject to change without notice. Important Payment Instructions. Crediting Payments. If we receive your mailed payment in proper form at our processing facility by 5 p.m. local time there, it will be credited as of that day. A payment received there in proper form after that time will be credited as of the next day. Alkrw 5 to 7 days for payments by regular mail to reach us. There may be a delay of up to 5 days in cred do a payment we receive that is not in proper form or is not sent to the correct address. The correct address for regular mail is the address on the front of the payment coupon. A payment made n-store is not sent to the correct address. The correct address for courier cr 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 • FJIrb 1, 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 yoouuusend ?IeNan eligible check whh this payment coupon, you authorize us to gu;g?t by swoon as the we in tfiewa Ain the a check heck. wehslll?be o this as day rwdve Copy Fee. We charge $5 for each copy of a bil ling 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 percentage rate. We waive the fee ff your request for the copy relates to a billing error or disputed purchase. Payment Options Other Than Regular Mall. •Online Payments. Visit myhomedepofaccount.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 i will post Within three business days. If we receive year request to make an online payment after that time, we will credit your p ment as of the next day and it will post within three business days. For recur' rcesons, you may be unable to pay your entire New Balance with your first on ne payment. ice • ayment byphone if?your aac?intrris dligib e1 You will be cha ged $14.95 to use this service ff a representative of ours helps edite your payment. Call by 5 p.m, Eastern time to have your payment cr as of that day and posted within three business days If you call after that time, your paymeat will be credited as of the next day and posted within three business days. We may process your payment electronically efts we verity your identity. •Ezprsss Psymenta. You can send payment by courer or ex?rass mail to the Express Paymerrts Address. This address is: Customer Service Center, Attention: Payment Mait Opening, 1500 Boltantield St., Columbus, OH 43p228. Payment must be received in prhdecrAll pates pots racer eneden proper farm Pacific time to be credited as oft yy yme at the proper address after that time wil(be credited as of the next day. •In Store Payments. For your added convenience, payments can be made at The Home Depole stores with no service fee. Paymerrts 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. HDIEX APR10 Page 2 of 4 Account: **** **** **** 8582 TRANSACTIONS Trans Date Description Reference # Amount FEES 04/17 LATE FEE $ 39.00 04120 CHARGEGARD PLUS $ 6.08 TOTAL FEES FOR THIS PERIOD $ 45.08 INTEREST CHARGED 04/20 Interest Charge on Purchases $ 35.44 TOTAL INTEREST FOR THIS PERIOD $ 35.44 Total Fees Charged in 2010 $178.60 Total Interest Charged in 2010 $134.80 mZ co Z C? Z (o Z co I Z co oZ wZ co z O ° Z o N z z Z Z Z Z INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR is the annual interest rate on your account Revolving Balance 25.99% (M) $1,659.07 $35.44 Page 3 of 4 Account: **** **** **** 8582 Page 4 of 4 Verification I, Lisa Mum,- , 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-39818 Robert A Patrick Account number ending in 8582 1025 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff a '- i 1(; }L. ?? tr of u,nbrrf {' ?.+ ' HMO J A R Jody S Smith Chief Deputy ot; Richard W Stewart Solicitor 0MCE ,Frf s?erf? y i i . i? OWv ° 1-14A IY! It A Citibank (South Dakota) N.A. Case Number vs. Robert A. Patrick 2010-6178 SHERIFF'S RETURN OF SERVICE 10/07/2010 04:42 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on October 7, 2010 at 1642 hours, she served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Robert A. Patrick, by making known unto Tammy Patrick, Wife of defendant at 130 Second Street, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the saAAMA 2DA COBAUGH, DEPU SHERIFF COST: $41.50 October 08, 2010 SO ANSWERS, RON Y R ANDERSON, SHERIFF (C) GountySuite Sheriff, f eleosoff, Inc. . ?A! CITIBANK (SOUTH DAKOTA), N.A. 701 East 60th Street N, Sioux Falls, SD 57117 Plaintiff v. ROBERT A PATRICK 13 0 2nd Street Enola PA 170253203 Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-6178 CIVIL TERM CIVIL ACTION - LAW t? s cD Z? ? mar= r , rn o ?, o ° r o =-n - -=? © °rnn .? rv z0 Praecipe for Default Judgment To the Prothonotary: Please enter judgment by default for want of an answer in the above case in favor of the plaintiff and against the defendant, and assess damages as follows: Principal: TOTAL $1,717.38 $1,717.38 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unworn falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment debtor and creditor. 2. The annexed notice of intention to file this praecipe was mailed to all parties against whom judgment is to be entered and to their record attorneys, if any, after the default occurred, and at least ten days prior to the date of the filing of this praecipe. 3. Pursuant to Section 201(b)(1)(A) of the Servicemembers Civil Relief Act of 2003 (SCRA), the defendant is not in the military service of the United States based on information received from the defendant and/or the Department of Defense web"- JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN UNDER PA.R.CIV.P. 236 Pro onotary eil & Associates, P.C. on Neil, Esquire Attorney for Plaintiff I.D. NO. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. C-39818 ?'\q 105 1 0 C ????15 CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. ROBERT A PATRICK Defendant TO: Robert A Patrick 130 2nd Street Enola PA 170253203 DATE OF NOTICE: November 02, 2010 C-39818 : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-6178 CIVIL TERM : CIVIL ACTION - LAW IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer go to or telephone the office below. 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 - 90- 108 Burton NeiA Associates, P.C. By: Attorney for Plaintiff Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 In making this communication, we advise our office is a (610) 696-2120 debt collector.