HomeMy WebLinkAbout11-7386Burton 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
Plaintiff
V.
MARK H BOGGS
7 Joseph Drive
Boiling Springs PA 17007-9548
Defendant
Fri r
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. A-73810
0,1"irrarm
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 S
Carlisle, PA 17013 0a.00 io ATTI
C-52963 Telephone No. 717-249-3166 or 800-990-9108 10*7015
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01
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
Attornev 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
MARK H BOGGS
7 Joseph Drive
Boiling Springs PA 170079548
Defendant
: NO.
CIVIL ACTION - LAW
Complaint
1. Plaintiff is CITIBANK, N.A. with place of business located at 701 East 60th Street
North, Sioux Falls, South Dakota.
2. Defendant is Mark H Boggs who resides at 7 Joseph Drive, Boiling Springs,
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 2341.
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 $5,649.81 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 $5,649.81, and
the costs of this action.
Burton Neil & Associates, P.C.
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:
myhomedepotaccount.com
® Account Inquiries:
1-866-458-7683
Mailed payments must be received by 5:00 PM at the
address for payments by the payment due date.
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Payment Due Date
Your minimum payment due is $1,057.00. To avoid interest charges, pay your
revolving balance of $5,649.81, plus any promotions expiring this period, by
- May 14, 2011 (residual interest may apply).
d1iE STItMPS Register now for Paperless
'WE... Statements and more at
AND TREES! myhom,edepotas ccount.com
We may be able to temporarily reduce your monthly payment and interest charge. Our Account Resolution Specialists
Please contact us at 1-866-752-0874, visit us online at myhomedepg?countnm, or go to Tare available to provide assistance.
-5? your r local local The Home Depot store.
TRANSACTIONS
Trans _00.0 escNptlon
Reference 0 Amount
FEES
04/14 LATE FEE
TOTAL FEES FOR THIS PERIOD $ 35.00
$ 35.00
Spring Is about chariga. So tot us help you take a new look at bringing
TMs spring 4 a good time to take care of your past due amount. And the good news Is, you don't account current.
We-re here to help with t have to do It atone.
payment programs and solutions for you to consider. We'll listen to your concerns and suggest
ways you can make a change for the baiter. Let us work with you, and together we can find a payment solution that may
`y help bring your account current and avoid future late fees.
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NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 of 4
--------------------------- ----- This Account - Issued by Citibank (South Dakota), ---
----------------------------------
------------------------------------------------------- ----------- --
'i Please detach this ---
portion and return with your payment to insure proper credit. Retain upper portion for your records- orrisads- r
'P
Make Checks Payable to: HOME DEPOT CREDIT SERVICES
t Past Due Amourn is included in the Minimum Payment Due.
'Ydw'/?Ixcolwt3:Cf?nr,tfeir4' Payment Due Date New Balance
`5" Past Duo AmountT Minimum Payment Due Amount Enclosed
May 14, 2011 $5,649.81 $828.00
?-?- $1.057.00 $
Y1 l ?r? GARDEN CLUB Garden Club members get money-saving offers and time-saving tips!
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2341056498100500000105700102
KBAVHD2 Q17/11 2179338
111111111' II I,1111111111111111111.,'111' ll 111 l111"11'111"111111
MARK H BOGGS
7JOSEPH DR
BOILING SPRINGS, PA 17007-9548
Print address changes above in blue or black ink.
Account Statement
Send Noticed Billing Errors and Customr Service Inquiries to
HOME DEPOT CREDIT SERVICES
PO BOX 653000, DALLAS TX 75265-3000
Aq6
May 14, 2011
date Payment Warning: If wo do not receive your minimum payment by the
daDe listed above, you may have to pay a late fee up to $35.
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.
On the minimum a ment 25 years $18,442
$240 3 years $8,633
_ (Savings=$7,809)
If you would like Information about credit counseling services, call 1.877-337-8188.
HOME DEPOT CREDIT SERVICES
PROCESSING CENTER
DES MOINES, IA 50364-0500
111"11'1'1'111,I'11111111i11'I'IIII'Illll'1'11"1111"111111'111
EXHIBIT
Credit Limit $0.00
Available Credit $0.00
Statement Closing Date 04117/2011
Next Statement Closing Date 05/18/2011
Days in Billin C cle 30
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 date, you will not get a grace period on purchases until you pay
the New 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.
Now We Calculate Your Balance Subject to Interest Rata. 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) 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.
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 the 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 Card Immediately. Call the Customer Service
number shown on the front.
f To Do If You Think You Find a Mir u
Alift On Your Staten
If you think there is an error on your statement, write to us at the
Customer Service address shown on the front.
In your letter, give us the following information:
• Account informatm: Your name and account number.
• Dollar amount: The dollar amount of the suspected error.
" Desc8PVD, of LQblerrl: If you think there Is an error on your bill,
describe 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 in wr?iiino. 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 questkxi.
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 you statement, and we may
continue to charge you interest on that amount. But. 0 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 Rlphle If You Are Dissatbfied With Your Credit Card Purchases
If you are dissatisfied with 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 mailing address, and the purchase price must
have been more than $50. Note: Neither of these are necessary it
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 ri 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'. =9 Minimum Purchase Required. Minimum
Interest will be charged to your amount from the purchase date If the purchase balance (including premiums ?1'm Required, Is
not paid in full within 6 months or H you make a late payment, P?enr ums for optional credit Insurance) Is
'With credit sopproval for qualifyin purchases made on The Home Depot or EXPO Design Center Consumer Credit Card, 17.99% - 26.99% APR.
Minimum INTEREST CHARGE: 4. See card agreement for details including APR applicable to you. Offer Is only valid for consumer accounts
and is subject to change without notice.
Important Psymod Instructlons.
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 [fait day. A
payment received there in Zr er form after that time will be credited as of the
next da .. Allow 5 to 7 days fopayments by regular mail to reach us. There may
bead elay of up 10 5 days in crediting a payrnant we receive that is not in proper
form or is riot sent to the correct address, line correct address for regular mail
is the address on the front of the?aymerrt cogs- A payment made in-store is
not sent to the correct address. FThhee correct address for courier or express mail
is the Express Payments Address shown below.
Proper Form. For a payment sent by mall or cagier to be in proper farm, you must
• 6trlloas a valid check or money order made payable to Home Depot
Credit Services. No cash, gift cards, or foreign currency please.
' mht??youur name and account number on the frontyoofuyour check or
p ?anyNlgible cmte»n`Ic? eiict?fo debit. N?wen'do, thecltscasldnseg
aoaourt wU be isbNid In the amount on the chectc W? may do this es
soon as the day ire necdve the chectc. Aleq tits checkk wilt be destroyed.
Copy Fee. We charge a5 for each copy of a biting steternerY float dater back 3
months or more. We add the fee to a balance of our dtoosirlg. We reserve the right
to add this tea to balances subject to a higher annual the fee rt percentage rate. We waive
your request for the copy relates to a billing error or disputed purchase.
*OnIIF nt oymerptions-U. Other Than Reou
o kr Mall.
onlinnline e payments. Pa Visit q470 d P0hW4Vunf.com and sign up for free
ayments. E rnolMnent may take a few days. If we receive your request to
make an online nt by 5 p.m. Eastern time, we will credit your payment as
of that day and i w Ilrepost within three business days. If we receive your request
to make an online, payment after that time, we will credit your ment 8s of the
next day and it wll post within three business V. For secur reasons,
may be unable to pay your entire New Balance wdh your first online pyou
ySy by y hone Wvloe. You may use this service any time toamake a
ff , If your account is eligible. You will be charged $14.95 to use
Is service a representative of ours helps expedite your payment. Call bbyy 5
p m. Eastern time to have your payment credited as of that day and posfed
within three business days. If you call after that Ume, your paymeet wit be
credited as of the next dsy and posted within three business d We
Proc88s Your Payment electronically after we verify your identify. >?Y
' ExPrM Payments. You can send payment by courier or expprress mail to the
Express Payments Address. This address is: Customer 3ervk:a Center,
Attention: Payment Mail Opening, 1500 Botionfield St., Columbus, OH 43228'
Payment must be received , proper form at the proper address by 5 p.m.
aredited as of that day, All payme?is r?eived n proper fo
rm
se sitar tltet time wilt be credited as of the next day
For your added convenience, payments can be made at
st tlm ? ??rvice tea. Payments made at the store prior
subject to verifi?ion fftfu^d r t ? of karat day but
X E 09/01/0549 113 0 H17P 02/28/10 E P 4 5 9196 0400 0002 N
HDIEX DEC10
Page 2 of 4
Account: **** **** **** 2341
TRANSACTIONS (cont.)
Trans Date Description
INTEREST CHARGED Reference # Amount
04/17 INTEREST CHARGE ON PURCHASES
TOTAL INTEREST FOR THIS PERIOD $ 136'75
$ 136.75
Total Fees Charged in 2011 $140.00
Total Interest Charged in 2011 $526.43
.•
CHARGE CALCULATION Your Annual Pere* Rate APR is the _.
annual interest rate on Your account.
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Page 3 of 4
**** **** **** 2341
Page 4 of 4
. k
Verification Lisa Okow
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 unswom falsification to authorities.
Signature
C-52963
Mark H Boggs
Account number ending 2341
1025
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
OFD,-EC:G' E _r?P.IFF
r
7! 1
i ( 111+ ra
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
- , jam` 7 17 "! r. ? . .
PC.IitVJ E LVt1k'
Citibank, NA Case Number
vs. 2011-7386
Mark H. Boggs
SHERIFF'S RETURN OF SERVICE
10/05/2011 02:10 PM - Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October
5, 2011 at 1410 hours, she served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Mark H. Boggs, by making known unto himself personally, at 7 Joseph Drive, Boiling
Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to him
personally the said true and correct copy of the same. I" 4z VALERIE WEARY, DEPUTY
SHERIFF COST: $34.00
October 07, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c) CcuntySuite Shert!f. I600F.Oft. Inc