HomeMy WebLinkAbout11-8529FILED-OFFICE
C,? THE PROTHONOTARY
2011 NOV 14 PM 2: 45
CUMBERLAND COUNTY
PENNSYLVANIA
Burton Neil & Associates, P.C.
By: Brit J. Suttell, Esquire ID. NO. 204140
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.
JEFFREY R COSTELLO NO. t ?
SS'a?' ? U L?
1501 Frost Road
Mechanicsburg PA 170555134
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 IL
092. ad ?
Carlisle, PA 17013
Telephone No. 717-249-3166 or 800-990-9108 C 3? !D
C-53922
ac7z
14-337
BURTON NEIL & ASSOCIATES, P.C.
By: Brit J. Suttell, Esquire, Id. No. 204140
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.
JEFFREY R COSTELLO
1501 Frost Road
Mechanicsburg PA 170555134
Defendant
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
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 Jeffrey R Costello who resides 1501 Frost Road, Mechanicsburg,
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 Home Depot credit card account (hereafter the
Account) with account number ending in 6596.
5. Citibank (South Dakota), N.A. merged into Citibank, N.A. in or about July 2011.
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 $2,211.66 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 $2,211.66, and
the costs of this action.
Burton Neil ociates, P.C.
By:
Bri J. Suttell, Esquire
Attorney for Plaintiff
In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector.
Customer Service:
myhomsdspotaccounLcom
® Account Inquiries:
1-866-458--7683
Account Statement
Swtd Noticed BU" Even and Cuslamsr aerie iriqukir to
HOME DEPOT CREDIT SERVICES
PO BOX 863000, DALLAS TX 762863000
Maned peynrwtb must bs received by 6:00 PM at the
Payment Informadon address for payrnerft by the payment due dale.
New Balance $2,211.66
Minimum Payment Due $589.00
Payment Due Date May 18, 2011
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 $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:
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Credit Limit $0.00
Available Credit $0.00
Statement Closing Date 04/21/2011
Next Statement Closing Date 05/22/2011
Days in Billing Cycle 30
On the minimum payment 18 years $5,851
$3,379
$94 3 years .V_-,....--eo ,.,,t
K you would WA Information about credit counseling services, call 1-877-337-8188.
Your minimum payment due Is $589.00. To avoid interest charges, pay your rd"W SAVE STAMPS, Register now for Paperless
revolving balance of $2,211.88, plus any promotions expiring this period, by TIME... Statements and more at
May 18, 2011 (residual interest may apply). AND TREESI myhomsdepoteccount.can
Its not too late. We may have the right t0013 to help you bring your account current Take advantage Of our experience with resolving situations similar to
yours. However, it is urgent that you call us today to discussl Please contact us at 1-888-752-0874, visit us online at or go to
your local The Home Depot store.
Sprinq is about change. So let us help you take a new look at bringing your account current.
This spring is a good time to take care of your past due amount. And the good news is, you don't have to do it alone.
We're hers to help with payment programs and solutions for- you to consider. We'll Ilsten to your conoeme and suggest
,. ways you can make a change for the better. Let us work with you, and together we can find a payment solution that may
V z help bring your account current and avoid future late fees.
Call us today at 1-8. ?5f8-11x1 so we can half) you mnke a change this spring.
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 your records. +
I'm
Make Checks Payable to: HOME DEPOT CREDIT SERVICES
t Past Due Amount is included in the Minimum Payment Des.
Payment Due Data Now Balance Past Due Amountt Minimum Payment Due Amount Enclosed
y May 18, 2011 $2,211.68 $478.00 $589.00 $
Garden Club members get money-saving offers and time-saving tips!
! GARDEN CLUB
Sign u today for free: homedopotgardenclub.com/register
6596022116600100000058900102
KBAVHDI 2 4121/11 47318
0
A 11111111111"II"1111111111111III111111i11111111111111111111 11111
14 JEFFREY R COSTELLO
1501 FROST RD
MECHANICSBURG, PA 17055.5134
Print address changes above in blue or black ink.
HOME DEPOT CREDIT SERVICES
PROCESSING CENTER
DES MOINES, IA 50364-OM
111 it 111 11 11111 1111111111111111111111111111ltllul111 111111111111
EXHIBIT /4
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 Now Balance by
the payment due date each month. This is called a grace period on
purchases. It 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.
How We Calculate Your Balance Subject to Interest Rate. 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 from.
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 Staten Card Immediately. Call the Customer Service
number shown on the front.
What To Do If You Think You Find a Mistake on Your Statement
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 information: Your name and account number.
• Dollar amount: The dollar amount of the suspected error.
• Descri on of Problem: 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 i w ' in . 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
delinquent on that amount.
• The charge in question may remain on your statement, and we may
continue to charge you interest on that amount. But. 9 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 Rbhts If You Are Dissatisfied 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 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 quality.
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 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, 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'. $298 Minimum Purchase Required. Minimum Payments Required.
IMerost will be charged to your account from the purchase date If the purchase balance (including premiums for optional credit Insurance) Is
not nA-1 in fun within a enentha or if you makes late payment.
'With credit aapppproval for qualifying purchases made on The Home Depot or EXPO Design Center Consumer Credit Card, 17.99% - 2622 APR.
Minimum INTEREST CHARGE: $2. 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 Payment Instructions.
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 that day., A
payment received there in proper form after that time wig be credited as of e
next day. Allow 5 to 7 days for payments by regular melt to reach us. There may
be a delay of up to 5 days in creditin a payment we receive that is not in proper
form or is not sent to the correct addre .The correct address for regular mail
is the address on the front of the payment coupon. A payment made fn-store is
not sent to the correct address. The correct address for courier or express mail
is the Express Payments Address shown below.
Proper Form. For a payment sent by mail or courier to be In proper form, you must
• Eii A a valid check or money order made payable to Home Depot
Credit Services. No cash, gift cards, or foreign currency please.
• Include your name and account number on the front of your check or
money order.
If you sand on eligible check with this payment coupon, you authorize us
to cam?Is?s your ntt by electronic debit. N we do, the checking
socourd wit be tied in the amount on the check We may do this as
soon as the day we receive the check. Also, the check YAN be dmM eyed.
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 rate. We waive
the fee if your request for the copy relates to a billing error or disputed purchase.
X E 09/01/99 37 116 90 HI 8P 11/10110 8 P 5 6 9196 0400 0001 N
Payment Options Oder Than Regular Mall.
•Onllne Payments. Visit mYhomealePofacaount.com and sign up for free
online payments. Enrollment may take a few days. If we receive your request to
make an online payment by 5 p.m. Eastern time, we will credit your payment as
of that day and it will post within three business days. If we receive your request
to make an online payment after that time, we will credit your as of the
next day and it will post within three business days. For secur' reasons, you
may be unable to pay your entire New Balance wdh your first on me payment.
•Pay br Phone Service. You may use this service any time to make a
paymeri by phone, 'if your account is eligible, You will be charged $14.95 to use
this sewice If a representathre of ours helps expedite your payment. Call by 5
p.m. Eastern time to have your payment credited as of that day and possted
within throe business days. If you call after that time, your payment will be
credited as of the next day and posted within three buWness days. We may
process your payment electronically after we verify your identity.
•Expreas Payments. 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 BoltordiielldenSttt.., Columbus, OH 43228.
Payment must be recerved in oper form at the pmper address by 5 p.m.
Pabffic time t be the proper address credited that Ohat that YAIf be ciedlted as the next ds
at
•In Store Payments. For your added convenience, payments can be made at
The Home Depots stores with no service fee. Payments made at the store prior
to the store closing time will be posted to your account as of that day but
availability may be subject to verification of funds.
HD/EX DEC10
Page 2 of 4
Account: **** **** **** 6596
TRANSACTIONS
Trans Date Description Reference # Amount
FEES
04/18 LATE FEE $ 35.00
TOTAL FEES FOR THIS PERIOD
35.00
INTEREST CHARGED
04/21 INTEREST CHARGE ON PURCHASES $ 53.08
TOTAL INTEREST FOR THIS PERIOD
53.08
Total Fees Charged in 2011 $140.00
Total Interest Charged in 2011 $206.26
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INTEREST CHARGE CALCULATION Your Annual Percentaw Rate (APR is the annualt.Interest rate on your account.
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PURCHASES
Revolving Balance 29.99% M $2,153.74 $53.08
Page 3 of 4
Account: **** **** **** 6596
Page 4 of 4
Verification
AsMey GOOW 1 , am employed by Citicorp Credit Services, Inc. (USA)
I,
(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. 1 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.
C-53922
Jeffrey R Costello
Account number ending 6596
1025
SHERIFF'S OFFICE OF CUMBERLAND COUNTY7D_OFI. roc-
Ronny R Anderson
Sheriff ut ?uai?(r, '?,?
4?ti?? Tt r.?1!
Jody S Smith NOY 26 AM 8: 49
Chief Deputy CUMBERLAi -J CGUk Y
Richard W Stewart PENNSyjvtkN1r
Solicitor
Citibank, NA Case Number
vs. 2011-8529
Jeffrey R. Costello
SHERIFF'S RETURN OF SERVICE
11/17/2011 05:55 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on November
17, 2011 at 1755 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Jeffrey R. Costello, by making known unto Kelly Costello, Wife of Defendant at 1501
Frost Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time
handing to her personally the said true and correct copy of the same.
SHERIFF COST: $38.00
November 18, 2011
DENN FRY, DEPUTY'-
SO ANSWERS,
RON R ANDERSON, SHERIFF
l?MAR ?Z P; J; ;?
L1118ERL ND ®UN rI
AEti'P
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, N.A. IN TI4E COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 11-8529
JEFFREY R COSTELLO
Defendant : CIVIL ACTION - LAW
Praecipe to Settle, End, & Discontinue
To the Prothonotary:
Mark the above matter Settled, Ended and
Burton Associ
By:
Derek
Attorney for P
The law firm of Burton Neil & Associates is a debt collector.
P.C.
Esquire
C-53922 / 318