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Home My WebLink About10-7521• ~iLED-OFF~~~ARY OF 1~~ ~R~~~O~ ~.OIa D~ ~ ~ ~ P~1 1:41 ~~p COUP~~~~ CU~~ F~'}~1L~~'rir~ ~,~~~ 5~ Burton Neil & Associates, P.C. By: Daniel A. Payne, Esquire ID. N0.202294 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. LORIE A FOOR 87 Hummel Ave, Lemoyne PA 170431945 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV~ANIA'~ ~ l 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 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. S 32 South Bedford Street Carlisle, PA 17013 n Telephone No. 717-249-3166 or 800-990-9108 ~ 7 0~ .()D C-42933 e~~ 8443 ~~~ Burton Neil & Associates, P.C. By: Daniel A. Payne, Esquire ID. N0.202294 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. LORIE A FOOR 87 Hummel Ave, Lemoyne PA 170431945 Defendant 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 Lorie A Foor, who resides at 87 Hummel Ave, Lemoyne, 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) THE HOME DEPOT credit card with account number ending in 4157 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 $2,203.70 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 $2,203.70, and the costs of this action. Nei18~ Associates, P.C. By: ~aniel`A. Payne, Attorney for Plai: The law firm of Burton Neil & Associates, P.C. is a debt collector. ' J Account Statement Send Ndice d Mllfng Errors and Ctattarler Santa ttQuiries to; CUStOmerS@rviC@: HOME DEPOT CREDIT SERVICES myhomedepotaccount.com PO BOX 653000, DALLAS TX 75265-3000 ® Account Inquiries: ___ °° ~., 1-888-458-7683 A1~4 ~i1NliB1~" X1'$71 ~Z Z Z cQ Z c7S ~Z Z N Z Z l ~Z Z Z Z Z Z summa of Account Activi Mailed payments must bs received by 5:00 PM ar the Pa ment Information addres f s or payments by the paynront due date. Previous Balance $2,111.90 New Balance Pa ments -$0.00 $2 203.70 Minimum Pa ment Due Other Credits -$0.00 778.00 Payment Due Date Purchases +$0.00 May 17, 2010 Fees Charged +539.00 Late Paymsnt Worming: If we do not receive your minimum payment by the date listed above o h Interest Charged +652.80 , y u may ave to pay a late fee up to $39.00. Minimum Pa ment W i New Balance $2,203.70 p~~+ n~re e.,,....... ,.,.. __ y orm ng: If you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For examnle~ Credit Limit ~ ~ ~ ~ :~ ' ,'~ ;. Available Credit $0.00 O .e minimum ~ ~ ~ $0.00 Y payment 17 years $5,171 Statement Closing Date OM20/2010 $3,SS7 Next Statement Closing Date 05/21/2010 $94 3years (savings=$1,804) Da s in Billin C cle 30 M you would Idre Iniormatbn about credit counseling services, call t-a77-337-6188. To avoid interest charges pay 12,203.70, plus any promotions ~ SAVE STAMPS, Register now for Paperless expiring this period, by OS117h0 (residual interest may apply). TIME... Statements and more at AND TREES! myhomsdepotaccount.com Your late fee was based on an account balance of $2,111.90, which was your account balance on the late fee transaction date. TRANSACTIONS Trans Date Description Reference # ____ Amount 04H7 LATE TOTAL FEES FOR TNI8 PERIOD 39.00 39.00 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Paga 1 of 4 This Account is hsuad b CRibank South Dakota , N.A. --------------------------------------- _ _ r 1 ) T Please detach this portion and return with your payment tc insure proper credit. Retain upper portion for your records. T ---------------------- Make Checks Payable to: HOME DEPOT CREDIT SERVICES . o__. rti._ . _ `1`o~xA¢~ Payment Due Date New Balance Past Due Amount! •~~ ~~~ ~~~ c~~~ ~ mcmae Minimum Pa ment D a m me Minimum Payment Due. A ~4i~'t May 17, 2010 $2,203.70 $664.00 y ue $778 00 mount Enclosed . $ ~ use The Card. Do More. More ways to save coming soon KBAVHD72 4/20!10 OA N o tllllllrlll~rlltlll~lll~ll~l~lll~llllllilll~~l~~ll~lrllllrl~l~lrl LORIE A FOOR 87 HUMMEL AVE LEMOYNE, PA 17043-1945 Print address changes above in blue or black ink. HOME DEPOT CREDIT SERVICES PROCESSING CENTER DES MOINES, IA 50364-0500 rllnllr~,~,Il~rllllllll~li~~'~'I~II'I~III'Irllnl~~~nllnll'~~~ EXHIBIT A Inbrrllatbn About Your AocouM. How b Avoid Paybrp Inttwaert on Purolraasa, lour payment due date is at left 25 days et0er the dose of each blNing cycle. We will not chafe you interest on purtxtesea h you pay your New Balance by the payment due da e each month. This is coiled a grace period on purotteaee. ff u do nd pay the New Balance in tuN by the payrttertt due date you wiN rta_ a grace period on purchases untf you pay the NNew Balance h dull for two b rng cycles ni a row. If you have a balance subject to a deferred Interest, 096 APR a Equal payment APR al that balance re exdudexi, except for a deferred interest, 096 q f~ayrrtent Plan taelartce in a billing cycle in which the promotion expres before the payment due date, (the 'excluded promotional balanceesr~'y) p~aym~~y requred must paycefn ~I to g~gr~ penrpiodcycl~ee M which bai ert~ are aNocetererred irNetesbtaltmlances bfrstNr, the deferred interest ~yoo ~ce will be reduced before any other balance on ifte~pancpoounytouHOwever, M1lew~Bslancre less any excluded prarlotiat~balences in fuil'b~y the paayment tl~ pNli~ng cycle. VYe may refer to deferred interest promotions as No IpnuaddNlan, certain prorttotlortal offers may take away the grace eriod on have a praoe ixriod~onrdteaee ,~~ttaut~having tpay ~ Portion off Ute prorttotlonal balance by the paryrttertt due date. If eitfter is the case, the promotional offer wiN describe what happens. tints CalculaM Your OaMnq Subjjact to Interest Rats. For each ~ the letter blbwirtg the Amual Percentage Rate h the Interest Cftarge lat~ort section on the fiord d the statemerrt hdlcatss the method we use3o me Merest dtarges. For Methods C, H and M, we use a defy balance d ~hcludinp current traneactiorts) to celcxrlete interest charges. For ds and L, we use an daily txalartce mettad (inducing current lions) b cakxtlabs interest charges. For Method K Mrs use an average oelence method (exnludhp current trartaecttons) to calculate Interest 9a. To find out more itfarnetion about the belenoe computation method pplies to your aocount and how the resulting interest charges were 'reed, contact ~ at Customer Service number an the front. Proplotlpta, We may offer pomotonal farms for all a a pert of arm belanoes. Arory npr~otit~ I t~~eof~ apply for a limited peyroioud of timae~. Tehey wiN be rttay irtdu~ the deterted hliarsstp~ ~I~ Nb ntsreat)~096 APR ~ qu~al Payment Plan fifers desabed below. Your promotional terms wll end when the pomotonal period expires a, to the extent permitted by law. 'rf you make a late payment. The promotional oiler wit tell you 'tF we requre a separate minimum payment on the promotional balance. • DsbRSd ItMsrsal. Na interest charges will be imposed on the deferred interest balance N pay the balance h full by the end d the prorttoNortall onr ~ tbala~ ~ the~APRrepu~purc~tases ifrom the daatthe ~ purcfta~se 'rf you do not pay the t~artce in full by the end d the promotonal period. ' 0% APR. No hterest charges are Imposed on this balance during the prorttotional period. • E4W PaynNM Plan This baaance will be repaid in equal minimum Payments. a ~t bu~eatriwrltepi~~ a Carne kSen ce~address shown ontl~ie f~ronnt. ro Report a Lest or 8bkn Card ImmedipdK CaN the Customer Service number shown on the trout. I Yce ere is an error on your stetsme to ua at ustomer Service addre~ shown an the front. In yotr letter, ua the foNowhg information: Your name end accotm number. • Dollar arrant: The dollar amount d the suspected error. •~P: H ~thhk there is en error on your bill, tlesc-ibe g why you believe it is a mistake. You must contatct us within 80 days after the error appeared on r statement, You must notiry us of arty pderntal errors ' You may caN us, but if you do we are rtot required to awestlgate any po en aTsrrors and you may have to Pay the amount in gtrestiort. Wtlle wa hvesNgate whether or rat there has been an error, the blowing are true: • We cannot try Uo collect the amount in quesNOn, a report you as delinquent on that amount. • The charge h question may remain on your statement, and we may axttinue Fo dirge you interest an that arraurtt. But, iF we determine that we made a mi you will not have to pay the amount in question a any interest or other fees relatedyyto that artaunt. • for thbeYcererrrelnder off y~otrror belay amount h question, You are responsible • We can apply any unpaidbearnount agairtet your credit limit. Y H Y Ars Mil r You ar® a goo a s cos your credit card, and you have tried in good faith to c~~arrecsthe problem with the merchant, You may have the nght not to pay the remairmng amount due on the purchase. To use this right, all d the Wlbwinp must be true; t. The purchase moat have been made in your home state or within 100 miles d your cunerrt mailing address and the purchase price must have been more than s50. (( b: Neitlter o) ttteae are rrecessaryrf your purchase was based on an ar7verti8ement w'e mailed to you, or 'rf we own the comparry that sold you the goods o-services-) 2 You must have used your credit card for the purtltese. Purchases made with cash advarxev from an ATM a with a check that accesses your credit card account do nd gt.iaNiy. 3. You moat not yet have July paid for the purchase. If ell d the criteria above era met and you are stlll dissettstied with the urchase contact us In writlng at the Ctatortter 5anrice address shown an the Trom. Whie we investigate, the serifs rules apply to the disprrtsd amount as discxreaed above. After we tirr~h our irtveslipatan, Hie will tell you our deciean. At that point, h we thirfc you owe an amount and you do not Pay we may report you as delinquent. KEY CREdT TERiti18 - NO INTEREST IF PAID IN FULL IN111i1N 611ONTHS•. iZOY Wnlntum Purchase Rsqulnd Mrrtlnwm PayntarKS Required. IMana1 wiM bs cMrpsd ~ your accotrM from fire purchase dab if 1M purchase balartp pncludhg pnm uma for optbnal trtsdit inauranp) ie not paid in full whhM 0 rsorttlts or H you make a IoM payment. 'With credit epprowal for qualifyritg purchases made on The Home Depot or DtPO Design Center Consumer Credit Card. For accourts in good standup, APRs up to i0.fY96. PeneNy APR uP to 2A9Y96 (rates may vary). Minimum MTEREST CHARt3E: ~. Lower rates ma including when the pertalry rate applies Offer is orty veld tar wrtsume- atx;otrns and is subject to change witltaut notiw ~ Sae card ~~~ for details ImporMrtt PaynrsM Instrr~oflona. CndlMno PayntsnM. If we receive your mailed payment in proper lam at our F>ng faclNry by 5 p.m. local time there, it will be credited as d that day. A payment received there in forth after that time wiN be credited as d the next dev. Albw 5 b 7 days for ~trnt~en~ts by~mretegular mail to reach us. There rr>ay form or ~ nntot s~ t5o #tae corre~ct'addres~s. The correct address for ~lar~mau7r is the address on ttte front of the payment coupon. A payment made n-store is nd sent m the correct address. The carrel address for courier or express mei is the Express Payrttenta Address ehowrt below. Pieper Four. For a paYn'lertt sent by msl a confer ro be In proper form, You must • FJtdeM a vend check a rrariey order made payable to Home Depot ~ Credit Services. No cash, gift cards, a foreign currency please. MrduiM your name and accourrt number on the front of your check or If Yao^aiprltsd~any~giuN~rplphi~lto~tc~rhstrrdcwith fhM ~fyo~deMbl~~.oupon, aulhorizs us iooounl tilt M ~abRitf InRths~aer~irrr~on the ohaKck~yrj~tlM cft,ddnp soon a ilia dry rrs nltsMw firs olrsck Also, the shack wlM~ba d~atro~ys~d. Copy Fes. tNe r;rterge sb fa eedt ropy of a bNling amtsrrrent tftat dates beck 3 rtartlhs a more. We add the fee 1o a balance of our choosing. We reserve the right to add this fee to belertcee subject io a higher annual percerrtsge rate. We waive the farerf You request for the copy relates b a billing error a disputed purdtase. Payment Oplbra Otlrar T'Aart Rsguhr iWl. aNiMne~ Payarsnb. visit myhomedaWtecoour~com and sign up fa free rrlake ~p ~~ ..aEnrollrtterttrray take a few days. If we receive your regta;st to d that da end it w,N ~ 5p.m. Eastern time, wa wi1 credit your payment es Y poet within three busirtesa days. N we receive your request th make an oMlne pa5nt~etn nttar tl~at tlme, wg wNl credit your mom as o} the next ley ertd N wiN poet within three business d~yy. Fa secw reasons, You may be unable to pay your entire New Balance wiBt yq~r first on a payment. Pay ptl Phone 8errios. You may use this ewvice arty time to make a p•Ymanf by hone, if Your axount is eligible. You will be chsaged $14.95 to use this service ~ a repreeentattve of ours helps end your payment. t.,all by 5 p.m: Eastern time tD have you payment aedfted ads of that day and Posted within three business If you caN after that time, Yar payment wiA be crisdiesd as d the nerd and posted within tttree buaine~ days. Ws may process Ya+ Pmt al nicelly offer we verHy your identlry. '~P~ PaymsMs• You can sand payment by courier or express mail to the Ex~tresa Paymerls Address. This address re: Customer Service Center AtfertNon: Payment Mail Openinpg, 1500 BolDonfield St., Columbus, t71-I 43228: Petrr~ to be ar ~ Hof th~ d ~ nt y~rrenPq per address by 5 p.m. at the proper address after That time wi~be a~edrosd as rdearrved in proper form •In 8ton Payrrrsnla. For your added convenience, paY-nentscan be made at The Home Depots sbrss with no service fee. Paymartts made at the store prior to the bra cbaing time wit be posted to your account as d that day but availabiity may be subject to verification d funds, HD/EX APRf0 Page 2 of 4 Account: ***"' **"* **** 4157 rRANSACTIONS (cont.) Trans Dab Description INTEREST CHARGED Referonce N Amount ~Z Z Z Z i ~Z NZ O Z N Z Z Z Z Z Z TOTAL INTEREST FOR THIS PERIOD ~.,,, Total Fees Charged in~2010 ~ $156 00~ Total Interest Charged in 2010 $202.64 'CHARGE CALCULATION Your Annual Q Z 52.80 Rab (APR is the annual interest rate on ..~. , _ ~ 1Ca: ~~ Page 3 of 4 Verification I, T~r~~ ~ey±~~ld~ 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. d ~~ Signature C-42933 Lorie A Foor Account number ending in 4157 1025 Lorie A. Foor 87 Hummel Ave Lemoyne, Pa. 17043 Defendant in Pro Per Court of Common Pleas Cumberland County, Pennsylvania Civil Action-Law Citibank Plaintiff VS. Lorie A. Foor Defendant FICE TIE PROTHM NOTARY 2010 DEC 17 PH 1; 12 CUMBERLAND COUNTY PENNSYLVANIA No.10-7521 Civil Term Lorie A. Foor ("Defendant"), hereby answers the complaint of Citibank ("Plaintiff") for it's self alone as follows and generally denies the allegations due tm the complaint based on lack of information and belief. Due to a serious financial crisis, defendant does not have sufficient funds to pay the full amount of disputed debt, if any. I cannot pay this amount because of a serious financial issue. I am making an effort to get some money and will let you know when I can pay, I am confident this matter will get resolved. Wherefore, Defendant requests that: 1. Defendant takes nothing by way of his complaint; and 2. For Defendant's cost of suit December 13, 2010 r? ? ?ovr ?i Defendant in Pro Per SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ?_ ?-FILED-OFFICE ?? ; Sheriff Jody S Smith Chief Deputy PM 2:,57 `CUMBERLAND CQut#,,r Richard W Stewart Solicitor PENNSYLV f A Citibank (South Dakota) N.A. vs. Lorie A. Foor Case Number 2010-7521 SHERIFF'S RETURN OF SERVICE 12/09/2010 08:32 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on December 9 2010 at 2032 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lorie A. Foor, by making known unto herself personally, at 87 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $42.40 December 13, 2010 DENNIS FRY, D SO ANSWERS, RON Y R ANDERSON, SHERIFF 4? ? C ?,i??? 1 a A 4 ! °?J??1BERLAND COUN?C P ENNSYLVANI A Burton Neil & Associates, P.C. By: Derek C. Blasker, Esquire ID. NO. 202150 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA), N.A. Plaintiff V. LORIE A FOOR Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-7521 CIVIL TERM CIVIL ACTION - LAW Praecipe to Settle, End, & Discontinue Mark the above matter Settled, Ended and Burton By: Associates, P.C. IEAhasker, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-42933