HomeMy WebLinkAbout11-3812
011 UR 20 PH 1: 03
CUMBERLAND COUNTY
PENNSYLVANIA
Burton Neil & Associates, P.C.
By: Trenton A. Farmer, Esquire ID. NO. 209422
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.
TERESA A PLESCE
254 E Main Street
Shiremanstown PA 17011-6314
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
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-43053
a%,A URDw(? dQ*Li I
CV-0: iowsl
W4
Burton Neil & Associates, P.C.
By: Trenton A. Farmer, Esquire ID. NO. 209422
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.
NO.
TERESA A PLESCE
254 E Main Street
Shiremanstown PA 17011-6314
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 Teresa A Plesce, who resides at 254 E Main Street, Shiremanstown,
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 5374 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 $3,692.52 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 $3,692.52, and
the costs of this action.
Burton Neil & Associates, P.C.
By:
Trenton A. Farmer, Esquire
Attorney for Plaintiff
The law firm of Burton Neil & Associates, P.C. is a debt collector.
Summa of Account Active
Previous Balance $3,573.29
Payments -$0.00
Other Credits -$0.00
Purchases +$0.00
Fees Charged +$39.00
Interest Charged +$80.23
New Balance
Past Due Amount $3,692.52
$968.00
Credit Limit $0.00
Available Credit $0.00
Statement Closing Date 04/13/2010
Next Statement Closing Date 05/14/2010
Days in Billing Cycle 30
692.52
Minimum Payment Due $1,125.00
Payment Due Date May 10, 2010
Late Payment Warning: If we do not receive your minimum payment by the
data listed above, you may have to pay a late fee up to $39.00.
Minimum Payment Warning: 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 example:
Only the minimum payment 21 years $8,856
$151 3 years $5,426
(Savings=53,430)
M you would Nke information about credit counseling services, call 1-877-337-8188.
To avoid interest charges pay $3,692.52, plus any promotions SAVE STAMPS, Register now for Paperless
expiring this period, by 05110110 (residual interest may apply).
4? TIME...
Statements and more at
AND TREESI myhomedepotaccount.com
Your late fee was based on an account balance of $3,573.29, which was your account balance on the late fee transaction date.
c? Z TRANSACTIONS
Z
yZ Trans Date Description Reference # Amount
`c IZ FEES
W Z 04/10 LATE FEE $ 39.00
Z TOTAL FEES FOR THIS PERIOD $ 39.00
I
Z
Z
Z
Z
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NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 of 4 This Account is Issued by Citibank (South Dakota), N.A.
----------------------------------------------------------------------------------------------
+ Please detach this portion and return with your payment to insure proper credit. Retain upper portion for yo -------------------------------
ur records. +
Past Due Minimum Amount
Your Account Number New Balance Payment Due Date
Amount Payment Due Enclosed
374 $3,692.52 MAY 10, 2010 $968.00 $1,125.00 $
Make Checks Payable to:
HOME DEPOT CREDIT SERVICES
KBAVHD7 2 4/13/10 0 A
N
o Id" 11111-- 111111111111'11'1111111111111111-11111111111111111111
TERESA A PLESCE
Or?
254 E MAIN ST
SHIREMANSTOWN. PA 17011-6314
Account Statement
Send Notice of Billing Errors and Customer Service:
Customer Service Inquiries to: myhomedepotaccoum.com
9 HOME DEPOT CREDIT SERVICES or 1-866458-7683
1h' PO BOX 653000, DALLAS TX 75265-3000 Account Number: 374
?=`
Mailed payments must be received by 5:00 PM at the
Pavment Information address for payments by the payment due date.
Use The Card. Do More.
More ways to save coming soon/
HOME DEPOT CREDIT SERVICES
PROCESSING CENTER
DES MOINES, IA 50364-0500
111"II'1'111111I11111'III'11'I'1111'lllll'h11i1111"II"II'lll
Print address changes above in blue or black ink.
EXHIBITA
InforNrdbo Aboul You Asinuml
• YOM ACCOUNT 16 l? BY CITMMK (SDUTN DAKOTA), N A.
eLiL NCE tllAiMTS RNMCE CfIMNE
1MM0-CYCLE M MM DALY MLAME (NIML " TNAINACTIONIFMNIMd C. I the
periodic rle Isted in the EMU Charge Summy Sedbn of this statement is 10110M by AV, w loon a
oomondhf femachars on roemooedsachdarrt rnilgoMna hdally balanceforeach baterse (ea, ach
to Wondered tams, other "At revolve credit pan pudmee and What MOW ROM plan
applceWe daiy, pormoto ass. We do hM twit day of le billog paid. InGUdbg h C liming
for each pence, a multiply hdaily tsarnforerh day dhprevious dllkg period by N
nbd(e tale, anew yours ud sn re I fork need mgWM b gel ge pace peiiod on
Red bobs In the station m M the 61acs Period on Purchases) or a poraodle Mona da ge
divide by the total number of days in the bit Ing period. This gives us fa Bdarce Subject to Firma Charge
for that below We figure a portion of you firma charge an tramoctim subject to this alaAedon method
by "plying he applia6le nsnthlyr periodic raft fair that balance by the Balance Subject to Firearms Charge
mcludinp ne.
ENIOE 013" ImumaNO NEM Tl1AIMACTMNI M. 0 the peraaie rata
1'621
listedint*FiranmaChspeStnMolftvsM&Misfdbedblyvm r,weuuutefdWngdwWm
rcehud.alealaaleperlodtpumad?sseparrMpfiradrbaMuee Baanc?alncludenWWpurchorn
and ditbmallomini orW balamss. To pd a daily befinm ae atarl wuh far' I as of fie and of the
previous day. M add any periodic /mace charge on h previous dgrls balance. (ibis routes in doily
compounding dMmosdMpss.)Yhaddaynovicho 1111ithanwbbadanynsrra@&orpaywwtaand
msieahar arltabwda. ACrWgbaWnceMVeid voce Waned aero. wb/pueh perlradc/Itarm rierpe
I an lot baantoa TO pMih dally baWha. w rata h bgimtkp baaaa tar each itoianaevery
purchases. sea and my two doge on the pavbls do belance, ablact any India or
d during i Mapplkabb billing
number at taps In the billing
ap1?1"', ceSubjedtoFYterKo
Iftcsnce char0 o asaeM?ed?ra
- AIIMA! SALY MLANCE ?LeNEM TNAIMAC1 M0 MNMd L Map eriodic ri listed in
the Finance Clehge Sum" SeGi n dft stab7rwd M blbwed by a'H', via igom a podka of the riwee
charge on you account itch day by multiplying le doily balance for redo baance (eq., each purchase subject to
promotional tams, filer regular revolve credit plan parr I and cells moor purdrer a pin puehns) by h
a?±p?pyM^c?a?bledailypedodcrate.Wado#6eachdy dlhebillingpariod, irdud g heCbakg DM. To gdtheddY
6alna, we trethe beginning balance for each balance everyday, ofd any new puctwa ad only fiance uirrpe
on the previous ors bt%I sdmadi my Gads or pyutela tnedlMd 0 of hat day, and accts *at
adjustments. A Gee btlence a baled as a lemon of come. The Beans SuW to Finance Charge ae he
n of to ft at days In big period and q Uthe bill I . appAobie chily you in. the result will be the perm
the nal
6MAIAM OW NALMM MgM, aNOMcOapt for
NE's TLminor V TMi ? ?? ro
- IM MAt1101* Mr I. gtlm partodlC rata lamtl In
the Finance Charge Summary Sarum of Bds element Is Moral by an '1', w ere the blbft alnlalbn
mehod. To gdlm 1daru SIOIYdb Finance Charge for each him (coq, each to I sigma b plandWW
tams, other m W wen credit planWdm srid obr molar pudtaae pin purchases) w take tlM beginning
haWa la hat balance eaarv day (including /mice daaec noosed In DWous Wino w1ods). add any rear
ill"L
a 'K', w us
beam for Ir l I everydy ale subtractery rsa itsorpapwds r p lit es d pal dy amd aifunpaid
finaacwpat, ilk do nd add in ay new pueheses. A credit balance is tread a a balm at am. Thisgive
us he daily bins. Weadd up d the dry heaanrsskhr the billing period (ndu?ogthe hdanrrs an the Closing
Dab) and divide by Be total number of dye in he billing period This ghee we the Balance Subjedto fieruoe
Chaps mar the bsiease. ate apure a podian d ywr /uuaue diuspe an tmroeniiors abject m hM ddtsin
nWhotl by Italtlplykg Ice yplkahM manthty periodk ode fa the Wane ky h Beams Subjeri b Firsts
Charge elekrdnp rrwkeewedoa).
• AYEi? DALY WANl1E? NE1N TNANiACrlONifMetM11 L / the pQa?bddb aril liid la
h Tana Cherp Surawry edS be d thY ienmt a ktlored by n l', w uw the re?0 cddanelian
metlnotl. To pathBndanceSrgedmFaenaaChwpeior eechbin?(ap.eadlpatineatlgetlbpratetlonW
tams,other aepuW raaolraCredlplnprrdla®antl ttlar mejon purdhwaplan pudnaN)wtoiahbegiming
bit W la Ice tMl heYtoe very dy, add any raw paallea. and au bkmt a cry GerNe or pymerds aedMd a d ttrt
day and any utpaq f glta risrya A aadl beano IsIraMd as a balM d Zero. Thou GNU a the dally
balehce YIN add up al tlts dory biandes for the oiling period (adud ng ds bit nge on Me Closing Dau) and
yhems?
alma Your
amoud of ay mrvaum payment mgeirrd an this MMros.
• rya No Irma doge are kipaed an this Warta during the promdianal period The promotional der
WIN spa* h amo at at any ='= ired an this balance.
• Epal Paywerd Ran. This id inoquel midmtan payments. The primnal offer Will
sps* III ampmn at the mnrtmmurn payment required an Into balala.
CL k nor discretion, his sMMm ri may include dwpe& axe, and payments an the Closing Data.
ORACE PERIOD ON PNIpI M. You can avoid periodic inn dwga on purchases. This is =W a pia
period q pudue rchases. data eQa period at 20 dsjs. To gdde gem period an purclo ss, pay the folIW g
• Inn New Bahia, cow any No InWK 0% and Equal Psyead Plan b8anaea flat aspire ally ft payment
due dalls, plus
• h malinum wad* wF" required for your No Interest 0%. and Equal Payment Plan bapnces rat
tl you do?nat you will ndtget poor period unless you pay ft above aran nb by tlM to OMa for in billing
pabda inaa0w.
In adddon, andn promotional offers may take any do gon period on pumthns. Oka ppro?aml (dral filers, In
additionb NoktMask O% w4 EpW Pa nevi Pan dre,
b Interim by all yo to hm i gra a oSothe n?
wih M havinoQ 1o re all a a portion of he promotional
pprfoi,MbWOAawaibeWlathow.
NLLNM PMIR><tl11ANIMRf In Can d Enea or OhnilmM Ahead You NIL If you tldrtd your bill M
rep a i you cent mom iniom Won about a treroedion an your bilk write ce at theON'aq Errors address an
MiWS sMiansdss man es porsMla We must heerham you no Inter than 60days aga we send you the *9 bit on
which the error or prohlem apprsred You an Ideptone uq bur doing so will not preserve your rights.
M yea Mtle , give us the flowing idanWin:
• Your me and account numbe.
• Theddlaramourtdfe ens.
• DesMbeh error and explain, If you cuL why you believe dare M an era. If you read move information,
deeedbehItenyounmmabetPkmbesaeallco 1, '1 xis siphedbythepFNMYarM"
You do mat hoe b pay ery amount in gtledbn wNM weere imaOp 4ng. But you an ells ob%Mid b py the
pale of you bill lad am net In quedion. While we Investigate your question, we armd report you a delnatst
m the disputed iss er We carry edMn to cdW 1M ramoun you quedon.
Sped a forCrMCedRrrdaaw.Iyou have aproblem with tequality dfloods orsrdcesfall you merchant you may
nd have to M with a th ?raninIqg nut have Had in dus o n h ggood
oods orbeervIces, you M am have this with pm the Mdl when the
purduew pub M to hnS50ndthe purdmo Is made Inyarhen sob orvlbin 100 rdles dyour mailing
adtlass.(11 nonorWorse hmerchant, aIf we heated you had ertwtbrhproperlyorservices,alI
pumt as coo covered neper I d amount orlocalan d pinctra )
KEY CREDIT MMtl6 - ND INTEREST IF PAID IN FULL INITHM 6 MDNTRS'. $39 A NOUN Pwdm MgMmd. Milk= Poll Ro boll d. hot" Vol be tha rSod to
arsamt from She Man"N Yb N as IlNr, bob= RtMhdim lrllllllN for nbul a/dN N/alsill ¦ AM laid be fail w Om 5 mae5ts w N w sob a ink norm
1 •Wllt credl appr" lix quallYkg purchmes made on The Home Depot or EXPO Design Cater Consumer Credit Card. For aaounls In good standing, AFRI up to 26.U% "APR up to 2!.96%1
to chan I"h0yeerilhoulnu'? INfE16FSTCIIWL$2.LowerraEasmayapply.Seecard agnorruttlordetails indudingwhenllepaaAyrateapplinOther isonlyvaiidforconsurrMraccolntsandissubied
(
IaMONMNr PAYMBIT INSrRIICTMO.
Cmdbq Pollinate. We mud realve your roiled pytrwtt in proper form at our processing bslllry by 5 p.m
loal time them. I we do, it will be GodiMd is of IN dy. (Plain ratio to the top right hand an on the trust of
yourstatenalfor praessmil ihtyfnmL)ApaymuadmceWatMeprocessing ladlityinproperirrnailr
that time will be cWW* d lk Wed day. Allow 5 b 7 dye for paymelta by IepuW mall to reach us. There may
be a delay of up to 5 dap in Cradling a payment w receive that is not in proper form at is riot sadmhcured
adthem. The oovmi address for a paislwt we by regular mail is the address listed an the reborn envelope a no
the front of the payment capon A payment made In-On Is not sent to the core i address. The correct &hi m
for a payment sent by wutar of wpm mail lah bprea Paymana Addmm stews War.
Proper Few. For a pytrmt sort by real or auto b be in proper brm, you"
• EsaMn a rule died or money order orate peyabe to Home Depot Credit Services. No cash, gift cards,
or foreign arrorLy place.
• klurde your ears and aecou t number oa the hod of your dud orrnamyorda
I yw aril as atllbM abed wlNlh t/k (aywaM saapae, yea aalMNw to b mmobo yoar
pyutwW h NwbeNt dabk N w do, dace eltsakMy attpaW erll M /dIM1 Is tb eaouad m 1M
dNdr. Wo say do tkta a cram a M daym react lr ekut Ako, Ib ek" uil ke
daaieyN.
Copy Fw. Mb dwpe $5 foranti copy d a bilinq $M.u [the dos hack 3 rmdhe is more. We add he fee
to & balanced our choosing. We mauve the rightte add this fa fo Wens suhjed foe higher amid peranlap
rata. Wow" tar n if your request for the copy rails In a billing eoor or dispuad purchase.
PiffkW OPFIpgS OTHER TNAN REIMAN MAK_
• Onllne Payment. VMh ayhonadepofaccoud nom and sign up for in onlw payments. Errdlmst may ahe
aimdys. In receive your requalmmden online payment by5 p.m. Eastern tee, swill credit your paytcert
asdtlet dyand l will patvtfir three business days t w raeiveyou roquestto mailman online Mmed of W
that time, we will credit your payment ae of to not day and It elf pat within Vase buslnea *.For seemly
reasons, you may be unsble to pay your entire Nom Bohm with you Art aline payment
•PinybyPlan S McLYoumayteethasnniceanyamebmakeapsymsrtbyphone,ifyourwantis eligible.
Yon IAN be do" 614.95 lo aril this sett Csil by5 pun EaiWn time to have your patent credited as of to
day and postsi vrdhinthree bosMm dap. Iyou all all fWlme,your paymaf w 11 be credited as of [he mat day
and posted mono tae busirm dare We may process your payment electronically altar wverly your ld d .
• Brims P-p 0 You can send payment by surer or eaprass mail to the E7pass Payments Address:
GltbanwServoCow,,Aonndon:Plyno tWillOpening,8725yidSdoILa%Vepa,WIM117,Paymant
must be saved M prapa form at the prapa addraas by 5 pm. Pacific time to be crew as of the dy. NI
paysrente received In propertorn airline properaddrm afbm dw tine oil beCradited as of the nea day.
• to Riau Paym ift. For your added arnmlerse, payments an be made a The Home DepDP sera with no
sake es. PapnmR node at the tae prior to Me smite dooingIt me will be posted to your account as of that by
but availability may be strolled to wMmft at lunch.
WORTA LOST ORSTOLEII CARD IMMtMf MY You may call Customer Service 24 hours a day,
7 days a Week.
HOAX FEB10
Page 2 of 4
Account: **** **** **** 5374
TRANSACTIONS (cont.)
Trans Date Description Reference * Amount
INTEREST CHARGED
04/13 Interest Charge on Purchases $ 80.23
TOTAL INTEREST FOR THIS PERIOD $ 80.23
ANNUAL PERCENTAGE RATE on the account: 26.99%
" The 'ANNUAL PERCENTAGE RATE on the account' includes all transaction and periodic interest charges imposed this billing period on ail balances on which interest charges were imposed.
If
the "ANNUAL PERCENTAGE RATE on the account" is NIA, no interest charges (after adjustments) were imposed this billing period. Interest 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.
INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual interest rate on your acccunt.
w"A J,
Revolving Balance 26.99%o M $3,617.06 $80.23
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Page 3 of 4
Verification
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-43053
Teresa A Plesce
Account number ending in 5374
1025