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HomeMy WebLinkAbout11-4344"c PRCT11I0iQTAR !13 PM 2: `? 1,!",HRLAND COUNT`S' 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. KATHY J BLOSSER 5950 Michaele Drive, Enola PA 170251243 Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. ye2d 0-7 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 C-42887 Telephone No. 717-249-3166 or 800-990-9108 S ark4 ?gaao ?C/ ak? lp 180(0 X0151 93? 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. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. KATHY J BLOSSER 5950 Michaele Drive, Enola PA 170251243 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 Kathy J Blosser, who resides at 5950 Michaele Drive, 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) THE HOME DEPOT credit card with account number ending in 1229 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 $1,813.32 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 $1,813.32, and the costs of this action. Burton Neil & Associates, P.C. By: Trenton A. er, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. Account Statement Send Notice of Billing Errors and customer Service Inquiries to CUs er Service: HOME DEPOT CREDIT SERVICES myhomedepotaccount.com PO BOX 653000, DALLAS TX 75265-3000 Account Inquiries: ® 1-866-458-7683 Summa of Account Activity Previous Balance $1,731.02 Payments -$0.00 Other Credits -$0.00 Purchases +$0.00 Fees Charged +$39.00 Interest Charged +$43.30 New Balance Past Due Amount $1,813.32 $629.00 Credit Limit $0.00 Available Credit $0.00 Statement Closing Date 04/21/2010 Next Statement Closing Date 05/21/2010 Days in Billing Cycle 30 Mailed payments must be received by 6:00 PM at the Payment Information address for payments by the payment due date. New Balance $1,813.32 Minimum Payment Due $730.00 Payment Due Date May 18, 2010 Late Payment Warning: If we do not receive your minimum payment by the date 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: t or I Y A Only the minimum payment 14 years $3,942 $77 3 years $2,771 (Savings=$1,171) If you would like information about credg counseling services, call 1-877-337-8188. To avoid interest charges pay $1,813.32, plus any promotions F SAVE STAMPS, Register now for Paperless expiring this period, by 05118/10 (residual interest may apply). i& I TIME... Statements and more at AND TREESI myhomedepotaccount.com Your late fee was based on an account balance of $1,731.02, which was your account balance on the late fee transaction date. Z TRANSACTIONS Z Trans Date Description Reference # Amount `c g ZI FEES o Z 04/18 LATE FEE $ 39.00 Z TOTAL FEES FOR THIS PERIOD $ 39.00 of gZ Z Z 1 Z Z Z Z NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION ------ Page 1 of 4 ------------------------------------------------- This Account is Issued by Citibank (South Dakota), N.A. -- -- ---- -- -- --------------------------------------- T Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your records. 't' Make Checks Payable to: HOME DEPOT CREDIT SERVICES t Past Due Amount is innh,ded in thn AAinimum P.?-.- n,.e _ YotAaca?lt ttvr Payment Due Date New Balance Past Due Amountt Minimum Payment Due Amount Enclosed May 18, 2010 $1,813.32 $629.00 $730.00 J $ Use The Card. Do More. More ways to save coming soon! EXHIBITA KBAVHDI 2 4'21/10 0A 11?I11t?11111?1111111111?111111ti11?111111111?1??'ll'll?ll?11?111 m KATHY J BLOSSER 5950 MICHAELE DR ENOLA, PA 1 7025-1 243 HOME DEPOT CREDIT SERVICES PROCESSING CENTER DES MOINES, IA 50364-0500 111111111) X1111111111111111111111111111111111111J111r11111111111 Print address changes above in blue or black ink. r ' Information About Your Account. Hon to Avoid Paying Interest on Purchase& 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 peyrnent due date each month. This is called a grace period on purchases. If you do not pay the IVew Balance in full by the paymeq due dql you will not. grace period on Credit Reporting Disguise. If you think we reported inaccurate information to a credit bureau write us at the Customer Service address shown on the front. Report a Loot or Stolen Card Immediately. Cal the Customer Service number shown on the front. 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% expires Equal payayment daft. in a billing exccludeded prommwhic otitiona all teal from the amount you must pay in full to qet a grace ppeerriod except for any separately required payment on that balance. In fa'IfirX cycles in win ich payments are allocated to deferred interest balances fret, 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 u pay the New Balance less any excluded promotional balances in ftrA?tasthe payment due date each billing cycle. Wb may refer to deferred interest promotions as No Interest promotions. In addition, certain pranotionel offers may take away the grace perod 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 promotional balance by the payment due date. If either is the case, the promotional offer will describe what happens. Hon We Caladab Your Balance Subpd to Interest Rate. For each balance the letter following the Annual Percentage Rat in the Interest Charge Celoulatlon 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 daly balance method including current trensectiore) to calculate interest charges. For Methods and L, wa use an average daily balance method (includirp current transactions) to caloulate interest charges. Far Method K, we use an average dally balance mtelftod (excluding current transactions) fo calculate Interest charges. To find out more infomrretron about the balance computtian method that applies to yyoouur account and how the resuaffing interest charges were determned, corrtact us at Customer Service number on the front Promotbro. We may offer promotional terms for all or a part of any balances. Any promotional terms may apply for a limited period of time. They will be governed by the terns of the pnxrational offer and Your card agreernent They may include the deferred Interest (also called No Interest), 0% APR and Equal Payment Plan offers described below. Your promotional terms will end when the promotional period expires or, to the extent permitted by law, 0 you make a late payment. The promotional offer will tell you if we require a separate minimum payment on the prornodonal balance. • Deferred Interest. No interest charges will be imposed on the deferred interest balance l pay the balance in full by the end of the promotional period for that deferred itterest balance. We will impose interest charges on this balance at the APR for regular purchases from the date 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. I you think 'ere is an error on your smtement, write to us at e uatomer Service address shown on the front. In your letter, give us the following information: • Account inform : Your name and account number. • Dollar amount The dollar amount of the suspected error. • ftwip11D] P1Qbl9m if you and think there is an error on your bill, de you ub scribe what eerl?i wrong by 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 pot"al errors In Wn??. You may can 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 for charge you interest on that amount. But, if we determine that we made a m , 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 arty unpaid amount against your credit limit. Your m-A,- K You Are DlaallafMd Wlth Your Credit Cord Purchases it you are dissansned iii a goo orservices that you nave purchased with your credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the purchase. To use this right, all of the following must be true: 1. The purchase nest have been made in your home state or within 100 miles of your current meting address, and the purchase price must have been more Than $50teith Neither of these are necessery t your purchase was based on an we mailed to you, or if we own the company that saki 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 quality. 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 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 TERNS - NO INTEREST IF PAID IN FULL WITHIN 6 MONTHS'. $299 Minimum Purchase Rsguired. Minimum Payments Required. Interest will be charged to your amount from the purchase data If the purchase balance (Including premiums for optional eredk Insuranrat Is not paid in tun wMin a months or ter you mnw a late payment. - - 'With credit approval for quaff *g purchases made on The Hone Depot or EXPO Design Center Consumer Credit Card. For accounts in good standing, APRs up to 2t1.9Y%. Penalty APR up to 2YA6% (rates may vary). Minimum INTEREST CHARGE: $2. Lower rates may apply. See card agreement for details including when the penalty rate . Offer is only valid for consumer accounts and is subject to char without notice. Important Payment Instrudions. CredWng 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. Allow 5 to 7 days for payments by regular mail to reach us. There may be a delay d up to 5 days in credit' a payment we receive that is not iiun proper orm or is not is the address on he front of tide ppa?yn?ent ooupocen. A payymrent made in-store is not sent to the correct address. The carted address for courier or express mail is the Express Payments Address shown below. Proper Farm. For a payment sent by mail or caner to be in proper form, you must • Enclose a veld check or money order made payable to Home Depot Credit Services. No cash, gift cards, or foreign currency please. • Incbde your name and account number on the front of your check or Morley order. yrrrrxt coupon, all ad Isa?iad Will aseoouunt rn the c hisck We e? do INe n surtherin us soon as the day we ecidve the check Also, the cfrecfr will be destroyed. Copy Fee. We charge $5 for each copy of a billing 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 rat. We waive the fee If your request for the copy relates to a billing error or disputed purchase. Pained Options Outer Than Regular Nall. .Online Payments. Visit myhorrtedepotaccoruntcom and sign up for free online payments. Enrollment may take a few days. If we receive your request to make an online payrtrent by 5 .m. Eastern time, we will credit your payment as of that day and it will post within three business days. Uwe recehre your request to make an online payment after that time, we will credit your meet as of the nerd day and it will post within three business days. For securi reasons, you maybe tenable to pay your entire New Balance with your first on ne payment . •Psy by Phone Service. You may use this service any time to make a ppaym by e, if your account is etgible. You will be charged $14.95 to use Ws service a representative of ours helps expedite your payment Call by 5 p.m. Eastern time to have your payment credited as of that day and posted within three business daayys9. If you cat affix that time, your p will be credited as of the nerd day and posted within three business days. We may process your payment slectronicaly after we verify your identity. •Erprses Paytssnte. You can send payment by courier or express mail to the Express Payments Address. This address is: Customer Service Center Attention: Payment Mail Opening, 1500 Boltonfield St., Columbus, OH 43228. Payment must be received in proper form at the proper address by 5 m. Pabific p perodd drad? a' Leer thatot time volt be cr hod as of the dxt day. Corm at the sin Store Paymenta. For your added convenience, payments can be made at T the sit e Di" stoures with n o service fee. Payments made at the store prior closi availability may be subject to verific atioonn of funds. account as of chat day but HDJEX APR10 Page 2 of 4 Account: **'* *"** """* 1229 TRANSACTIONS (cont.) Trans Date Description Reference * Amount INTEREST CHARGED 04/21 Interest Charge on Purchases $ 43.30 TOTAL INTEREST FOR THIS PERIOD $ 43.30 ANNUAL PERCENTAGE RATEon the account: 29.99%•• " The 'ANNUAL PERCENTAGE RATE on the account' includes all transaction and periodic interest charges imposed this billing period on all balances on which interest charges were imposed. If the 'ANNUAL PERCENTAGE RATE on the account' is N/A, 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 Rata (APR) Is the annual interest rate on your account. -' - _ _ F-, Revolvin Balance 29.99% M $1,757.00 $43.30 Z Z 0Z iZ I Z 8 Z 14z NZ ^ 2a5 ZI N Z Z Z Z Z Z Page 3 of 4 Account: **** **** **** 1229 Page 4 of 4 Verification I, Use 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-42887 Kathy J Blosser Account number ending in 1229 1025 v N v, I l 143y01 c% U, I I r2A?1? (-S?bsSe2. I 'I. THIS LETTER MUST BE COMPLETED AND SENT BACK TO OUR OFFICE Financial Hardships co a' Prc rag f_ ? <> - inro, " r?-c be need.G'J U 1y' • < ?o• O ?iC? , mcy y t1 he Debi Nego?1Iciicns Grcup to h,eip re c y ? ccn in !Lence crecirors to gi \,e bettler settlement or' ^ tors it = ' to ' ts.a;M Sir^piy tell s speciticcily whct is ccusing you fincncicl sl -ss. C^n- > di ?r? ?.. Ir?icr, ?cr? Icm' be: c rec1-c"on in inccme, illness, divorce, etc. While sir iiicr situctions eftec; ma-r ?/ people, your---.se is unique. Plecse cssist us in conveying your story to your c redior_. f44 C () n c tyl 1?- O _K r )C3 `? n S ,anc , rt [' v T t,1 "< 1 we t-" ha?L??.la?Pnf1+y b U- c- ? kv-z- Cu C\- ?Ccc? r??} c wl CC) m E 0 U _C C O' } J 2 h- Z O 2 W G7 N H Z O C • a r ;n a ? It cn g a nI ?? E 'Z5 ? m JI <n C _ cnI 9 1 ml v w I `m? n _ ? ?I n !••? C ' ' ' V - _ v ? i 3 " 3,. SDS STRATEGIC DEBT SOLUTIONS INC. Customer Care Phone: 1 (877) 737-2003 Customer Care Fax: 1 (877) 737-2005 9250 Rumsey Rd; STE 101 Columbia, MD 21045 www.YourSDS.com Program ID# 1822 September 7, 2010 Re: KATHY BLOSSER - 5950 Michaele Drive Enola, PA 17025 Re: KATHY BLOSSER - 5950 Michaele Drive Enola, PA 17025 To Whom It May Concern, This letter is to confirm the above referenced individual (s) status as an actively enrolled client in our Debt Settlement Program as of 9/24/2009. If you have any questions or if we may be of further assistance, please contact our Client Services Department toll-free at (877) 737-2003. Sincerely, Client Services Team Strategic Debt Solutions, Inc. WeCare@vou DS.com 9250 Rumsey Rd, Suite 101 Columbia, MD 21045 www. YourSDS. corn Phone: 1 (877) SDS-2003 Fax: 1 (877) SDS-2005 FILED-G `F IC' HE ''F T PROT HON 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. Plaintiff V. KATHY J BLOSSER Defendant 2 11 JUN 23 AM 11:23 CUMBERLAND COUNT PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-4344 CIVIL CIVIL ACTION - LAW Praecipe to Settle, End, & Discontinue To the Prothonotary: Mark the above matter Settled, Ended and Discontinued. Burton Neil & Associates, P.C. By: Trenton A. Farmer, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-42887