HomeMy WebLinkAbout11-7323P!L 0 -GF If.-
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2011 SEP 22 P 12: L
CUMBERLAND 0"Q" 1 I
PENNC I'LL A' N91 ^,
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, N.A.
701 East 60th Street N
Sioux Falls, SD 57117
IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
JAYSON A BEERS : NO.
3 Hazzard Lane, Enola PA 17025-1814
Defendant 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-52854 0
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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, N.A.
701 East 60th Street N
Sioux Falls, SD 57117
IN THE COURT OF COMMON PLEAS
Plaintiff
V.
CUMBERLAND COUNTY, PENNSYLVANIA
JAYSON A BEERS
3 Hazzard Lane
Enola PA 170251814
Defendant
NO.
CIVIL ACTION - LAW
Complain
1. Plaintiff is CITIBANK, N.A. with place of business located at 701 East 60th Street
North, Sioux Falls, South Dakota.
2. Defendant is Jayson A Beers who resides at 3 Hazzard Lane, 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. Defendant obtained extensions of credit from Citibank, N.A., successor in interest to
Citibank (South Dakota), N.A., by means of a THE HOME DEPOT credit card account
(hereafter the Account) with account number ending in 1134.
5. Citibank (South Dakota), N.A. merged into Citibank, N.A., effective July 1, 2011, as
approved by the Office of the Comptroller of the Currency.
6. Accurate records of all debits and credits to the Account were maintained by plaintiff.
7. Defendant was provided with monthly statements for the Account including the billing
statement attached hereto as Exhibit A (redacted to remove confidential information). The
monthly statements accurately stated the previous balance and the debits and credits to the
Account for the prior billing period.
8. Defendant had for many months after receipt of a billing statement made payment on
the Account or retained the statement without payment.
9. Defendant retained the Exhibit A statement without making payment by the stated due
date.
10. Defendant's assent to the Account balance set forth in the Exhibit A statement is
manifested through the prior conduct of defendant either making payment on the Account or
retaining the statement without payment, after receipt of the monthly billing statements.
11. As a result of said assent, an account stated for the sum of $2,101.55 exists 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 $2,101.55, and
the costs of this action.
Burton Neil. & Associ -?
By:
Trenton A. Farmer, Esquire
Attorney for Plaintiff
In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector.
Customer service:
myhom•depoteccourtt.com
® Account Inquiries:
1-860-459-7663
Account Statement
Sea NOW of N&V Enote am Cut w senlo, „quth, to
HOME DEPOT CREDIT SERVICES
PO BOX 663000, DALLAS TX 76286.300()
Of
Fees Ct
Interest
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Psyarents by the Paymsm due dale.
Payment Due Date
January 05, 2011
+$35.00 Late Payment Warning: If we do not receive your minimum payment by the
dab Rated above, you may have to pay a late fee up to $36.00.
+$46.93 Minimum Payment Warning: If you make
to minimum payment each
$2,101.55 period, you Will Pay N orgy
$567.00 . For example. more in interest and a wi take you longsr to pay off your
Statement Clain Date $0.00 vn the minimum ment 16 years
12/09/2010 $x'751
Next Statement ClOSin Date 01/09/2011 3 Years $3,086
Da s in Billin cle (savings-$1,663)
31 n You would Yke Information about credit couna *V aervlcee, cam 1-877-337-8789.
Your minimum paymw$2,%755 t fa $670.00. To avoid interest cas
revolving balance of , plus any Promotions exPI?9 this period, o?; SAVE STAMPS, Register now for Paperleee
January 5, 2011 (residual interest may TIME...
may aPPIY)• Statements and more at
AND TREESI mvhe,.re,&..?..-.?.....? ---
Trans Dab Dom plil"
Reference a Amount
TOTAL FEES FOR THIS PERIOD
$ 35.00
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION
-------------------------- P e 10/4 This Account is bawd
-------------------
------------- by C----- (South---- ), N.A.
Plime detach this portion and retum with your payment to
- ant to i-ruu--ro - p---roper --- credit. ----- Retain -
----------------
upper portion for your rowrde.
Make Checks Payable to: HOME DEPOT CREDIT SERVICES
;7; t Past Due Amount is inclin the Minimum Pa 9A 2
nt Duo Dab Now Balance ym.m Dw.
Past Due Amountt Minimum PaymAmount Enclosed
ary 5, 2011 $2,101.55 $567.00
$870AO year-end summary of tax eligible purchases* at homedepoLcom/taxcredlt, ?1
But hurry! Tax Credit end, rliw-.-wk_. " --_
1134021015500033000067000108
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3 HAZZARD IN
ENOLA, PA 17025-1814
Prim address Changes above in blue or black ink.
HOME DEPOT CREDIT SERVICES
PROCESSING CENTER
DES MOINES, IA 50364-0500
tlln?ll111111111111111111111lfill, 11111111If IInllllnlln11if 11
EXHIBIT -
Information About Your Account.
How to Avoid Paying Interest on Purchases. Your payment due date
is at least 25 days after the close of each billing cycle. We will not
charge you any interest on purchases if you pay your New Balance by
the payment due date each month. This is called a grace period on
purchases. If you do not pay the New Balance in full by the payment
due data, you will not get a grace period on purchases until you pay
the Now Balance in full for two billing cycles in a row,
if you have a balance subject to a deferred interest, 0% APR or Equal
Payment Plan promotion and that promotion expires before the
payment due date, that balance (the 'excluded promotional balance")
is excluded from the amount you must pay in full to get a grace period.
However, you must still pay any separately required payment on the
excluded promotional balance. In billing 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 long
as you pay the New Balance less any excluded promotional balances
in full by 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 promotional balance by the payment due date. If
either is the case, the promotional offer will describe what happens.
How We Calculate Your Balance Subject to Interest Rata. For each
balance, the letter following the Annual Percentage Rate in the Interest
C
harge Calculation section on the front of the statement indicates the
method
we use aedaiilly balance calculate
method (including Fcur enttransactions) to
calculate interest charges. For Methods I and L, we use an average
daily balance method (including current transactions) to calculate
interest charges. For Method K, we use an average daily balance
method (excluding current transactions) to calculate interest charges.
T
that
o find out more information about the balance computation method cha wee detleermined contact account at and how the resulting he Customer Service number shown
on the front.
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 Cud Immedlately. Cali the Customer Service
number shown on the front.
W To Do H You Think You Fled
If you think thero is an error on yoa in )Lour ur statement, write to ua
at the
Customer Service address shown on the front.
In your letter, give us the following information:
' 14iQUOw U01111I 1IrOfP Your name and account number.
• Dollar a ug: The dollar amount of the suspected error.
• d?f Prohl?„: If you think there is an error on your bill,
seen a what 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 i ri i . 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
deinquent 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, yYoouu will not have to pay the amount in question or
any interest or other few elated 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 Rlohts If You Are Dkentisiled With Your Credit Card Purchases
If you are dlssetlsI wth the goods or services that 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 not 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 of your current mailin address, and the purchase price must
have been more than lw50. Note: Neither 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 ail of the criteria above are net 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, ii 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" $1299 Minimum Purchase Required. Wnimunt Peyments Required.
Interest will be charged to your account from the purchase date If the
not paid in full within B montbe or if you make a Isq payment. purchase balance (including premiums for optional credit insurance) is
With credit appppro?val f?o?r?queliiyin purchases made on The Home Depot or EXPO pesfgn Center Consumer Credit Card, 17.99% - 26-99% APR
Minimum INTEREST CHARGE: gee card agreement for details including APR applicable to you. Offer only valid for consurner accounts l
f* ?t Payment Instructions.
r P
?ayments. If we receive your mailed
Processing facility pay nt in proper form at our
4Y by 5 p.m. local time there, it will be credi
payment received the led as of that day. A
re in Proper farm after that time will be credited as of the
next cdt??rr'l w 5 to 7 days for payments by regular mail to reach us. There may
bead aisy of up to 5 days m credfn
is the address on the font a pa nt we receive that is riot in proper
form or is not sent to the correct address. fhe com3ct adctress for regular mail
of Ihe?QYment coupon. A payment made in-store is
not sent to th e correct address. TThhee correct address for courier or express mail
is the Express Payments Address shown below.
Proper Form. For a payment sent by mail or Carter to be in proper form, you must
EJISM a valid check or money order made payable to Home Depot
Credt Services. NO cash, gift cards, or foreign currency please.
• In
money order. d de your name and account number on the front of vex check or
if YOU am JIM an eligible check with Uft payment coupon,,? authorize us
socokaN wM 6e ?theyaaMounrtonn tdt ok Wa the cheddng
soon ss the day we ruMve the check Also, the check wl9 bps .
mlonths or m this as
Copyy Fee. Vye char go $S for each copy of a billing statement that dates beck 3
M- We add the fee to a balance of our Chooeing. We reserve the right
to add this fee to balances subject to a higher annual
the fee if Your request for the copy relates to a billing enur
rate purchase
or disputeed a
X E 11/01/03 92 116 0 H18B 02128/10 E P 7 8 9196 0400 0005
Payment Optktns Other Than Regular Mall.
*Online Psym oft. visit nryhornedeP1*caou1rt.c0m and sign up for free
online Payments. Enrollment may take a few days. 0 we receive
make an online by 5p.m. Eastern time, we wil credit ours guest to
of that day and I wllt? within three brraness d y payment as
to make an online f• H we receive your request
alter that time, we will Credft your paymem as of the
next day and it wi I post within three business days. For recur' reasons, you
may be unable to pay your entire New Balance X your first on me payment.
•Pay by Phone 9ervics. you may
use this service any time to make a
payme by Whone, if Your account is eligible. You will be charged $14.95 b use
this service W hone,
representative of ours het
wi inEastern
three bu Irk shave ?Yorx payment?crede ed ads off that days posled5
- it and ?I after that time, your Payrrlent will be
credited ol the next d
posted within three business days. We may
process your payment 6 nically after we verify your Identity
a Express sPaymeny' you can send Payment by courier or express mail to the
Ex
Atfanti yments Address. This address is: Customer Service Center
on: Payment Mail Opening, 1500 Botonfieid St., Columbus, OH 49228.
Payment must be received in proper form at the prper address by 5 p.m.
Pacific time to be gedited as of that day. All pay is received in proper form
' n ?o?op pr+taddns after that flme will be credits as of the next day.
Yments. For your added convenience, payments can be made at
The Home Depols stores with no service fee. Payrr>ants made at file store prior
to the store closing time will be posted to' r account as of that day but
availability may be subject to verification of funds,
HII DEC1i1
Page 2 of 4
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Trans Date Description
INTEREST CHARGED
12/09 Interest Chas
Reference #I Amount
Page 3 of 4
-•+I---=M=0I PUK MIS PERIOD $ 4fi.93
1 46.93
3,
Now-
Total Fees Charged in 2010 $286.00
Total interest Charged in 2010 $468.00
**** **** **** 11
Page 4 of 4
Verification
I' Ashley Cooley
, am employed by Citicorp Credit Services, Inc. (USA)
(hereafter CCSI), a subsidiary of Citibank, N.A. (hereafter Citibank), which is successor in
interest to Citibank (South Dakota), N.A. CCSI is a service provider for Citibank in that it
services credit card accounts owned by Citibank This includes accounts previously owned by
Citibank (South Dakota), N.A. which merged into Citibank in or about July 2011. I am
authorized to make this verification on behalf of Citibank. 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.
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
?mrtr?tr? ct earr?brr? ?# ? , •. ,
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Citibank NA
Case Number
vs.
Jayson A. Beers 2011-7323
SHERIFF'S RETURN OF SERVICE
10/24/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on October 24, 2011 at
1010 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within
named defendant, to wit: Jayson A. Beers. After several attempts the Complaint and Notice has expired.
SHERIFF COST: $73.00 SO ANSWERS,
October 24, 2011 RON R ANDERSON, SHERIFF
;ci rourn Suite Shet!ft. Te,eo ott. !nc.