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HomeMy WebLinkAbout11-9418FILED-OFFICE OF THE PROTHONOTARY 2011 DEC 27 PM 2: 19 CUMBERLAND COUNTY PENNSYLVANIA Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 203465 1060 Andrew Drive, Suite 1701, West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK, N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. MARY MILLER 310 Pine Grove Road Gardners PA 17324-8972 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 (10) 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 FFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FINV 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 elephone No. 717-249-3166 or 800-990-9108 C-55242 1304 BURTON NEIL & ASSOCIATES, P.C. By: Neil Sarker, Esquire, Id. No. 203465 1060 Andrew Drive, Suite 110 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK, N.A. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. MARY MILLER 310 Pine Grove Road Gardners PA 17324-8972 Defendant : CIVIL ACTION -LAW Complaint 1. Plaintiff is CIT?BANK, N.A. with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. Defendant is Mary Miller who resides 310 Pine Grove Road, Gardners, Cumberland County, Pennsylvania. 3. Plaintiff is a national banking association, engaged in various types of banking business including consumgr lending through the issuance of credit cards. 4. Defendant obtaihi ed 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 6880. 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 $4,479.01 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 $4,479.01, and the costs of this action. Burton Neil & Assoc' C. By: Neil Sarker, Esquire Attorney for Plaintiff In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. Customer Service: nLcom ® Account Inquiries: 1^E?-45s-7463 Pa ments $0.00 Other Credits -$0.00 Fees Charged +$35,00 Interest Charged +$104.00 New Balance $4,479.01 Past Due Amount $1.014.00 Account Statement HOME DEPOT ?pEIT SERVICE ?? ?? ? PO BOX 863000, DALLAS TX 762863000 Minimum Payment Due $1,198.00 Payment Due Date September 12, 2011 Late Payment Warning: If we do not receive your minimum payment by the dads listed above, you may have to pay a late flee up to $35. Minimum Payment Waming: If you make only the minimum payment each period, you will pay more in interest and It win take you longer to pay off your balance. For examde: .pv.vv a Available Credit $0,00- On the minimum payment 23 years $11,256 Statement Closing Date 08116/2011 $163 3 years (Savln$6 34,674) Next Statement Closing Date 09/1512011 Days in Billing Cycle 32 N you would Ake Information about credit courses" aarvksa, Cal 1.877-397.5188. r-dW SAVE STAMP'S, Register now for Paperleell Your minimum payment due is $1,108.00. Your revolving balance is $4,479.01. TIME,.. StaOsments and more at ATREESI myhomedepotatxount.com TRANSACTIONS Trans Date Descrfptlon Rehnnee N Amount 08/12 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD $ 35.00 8HD9 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Psys 1 of 4 This Account Is Issued by Citibank, N.A. ------------------------------------F--------------------------------------------------------------------------------------- 'r Plane detach this portion and return with your payrnom to insure Proper credit. Retain upper portion for your records. + Make Checks Payable to: HOME DEPOT CREDIT SERVICES 1 Past Due Amount is included in the Minimum Payment Due. Payment D Date New Balance Past Due Amountl Minimum Payment Due Amount Enclosed SEPTEMBER 2, 2011 $4,479.01 $1,014.00 $1,198.00 $ GARDEN CLUB Garden Club members get money-saving offers and time-saving tipsi Sign up today for free: homed*potgardenclub.com/register 688004479(100085000119800108 HOME DEPOT CREDIT SERVICES PROCESSING CENTER MARY MILLER DES MOINES, IA 503640500 310 PINE GROVE RD GARDNERS, PA 173248972 EXHIBIT Print address changes above in blue or black ink. ilnformatlon AbobtYour Account. How to Avoid Paying Interest on Purchases. Your payment due date i3 at least 25 days after the close of each ',billing cycle. We will not charge you any interest on purchases if you ay your New Balance by tree payment due date each month. This is ailed a grace period on purchases. If you do not pay the New Bala in full by the payment cue date, you will not get a grace period o purchases until you pay the New Balance in full for two billing cycles n a row. It you have a balance subject to a deferred 1 no 0% APR or Equal Payment Plan promotion and that promo .on expires before the payment due date, that balance (the "exclud d promotional balance") is excluded from the amount you must pay in lull 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 fir t, the deferred interest balance will be reduced before any other alance on the account. However, you will continue to get a grace per od on purchases so long as you pay the New Balance less any exclud d 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 d scribed 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 tolj interest Rate. For each balance, the letter following the Annual Perce tage 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 In L, we use in average daily balance method (including current tr. nsactions) 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 Customef Service number shown on the front. Credit Reporting Disputes. If you think tae 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. Ciall the Customer Service number shown on the front. Q What To Do ff You ThlnkYou 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. • Llescilpjan of Pro : 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 wri 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, if 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 Rights If You Are Dlaentlefled 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 qualify. 3. You must riot 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, 'rf 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'. $299 minimum purchase required. Minimum payments required. Interest will be charged to your account from the purchase date If the purchase balance (including premiums for optional credit Insurance) Is not paid In full within 8 months or If you ma a late payment. -With credit approval for qualifying purchases made on The Horne Depot or EXPO Design Center Consumer Credit Card, 17.99% - 26.99% 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 pa nt in proper form at or processing facility by 5 p.m. local time there, it will b credited as of that day. A payment received them in roper form after that tim wig be credited as of the next day. Allow 5 to 7 days for payments by regular ail to reach us. There may be a decay of up to 5 days in crediting a payment we eeeive that is not in proper form or is not sent to the correct address. The corr. address for regular mail is the address on the front of the payment coupon. payment made in-store is not sent to the correct address. The correct address or courier or express mug is the Express Payments Address shown below. I Proper Form. For a payment sent by mail or courier to in proper form, you must • Enclose a valid check or money order made) payable to Home Depot Credit Services. No cash, gift cards, or foreign urrency please. • Include your name and account number on t e front of your check or money order. It you said an eligible check with this psymwit pon, you authorize us to compis? your pey by slactronic debit. H we do, the checking accourtti will be debtled in the amount on the c We may do this as soon as the day we receive the check. Also, the edc will be destroyed. Copy Fee. We charge $5 for each copy of a billing s ement that dates back 3 morphs or more. We add the fee to a balance of our ch ing. 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. Payment Options Other Than Regular Mall. ,Online payments. visit myhome igiataccountcum 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 pa?yyment as of the next day and it will post within three business days. Far security reasons, you may be unable to pay your entire New Balance with your first on ine payment. •Pay by. Phone Service. You may use this service any time to make a paymen{t y phone, if your account is eligible. You will be charged $14.95 to use this service if a representative of ours helps expedite your payment. Call by 5 p.m. Eastern time to have your payment creditad as of that day and posted within three business days. If you call after that time, your p meat will be credited as of the next day and posted within three business days. We may process your payment electronically after we verify your identity. •Express Payments. You can send payment by courier orexpress mail to the E,cpress Payments Address. This address is: Customer Service Center, Attention: Payment Mail O entng, 15W Boltonfield St., Columbus, OH 43228. Payment must be received in proper form at the proper address by 5 p.m, local time to be credited as of that day. All payments received in proper form at the proper address after that time wiN be credited as of the next day. loin Store Payments. For your added convenience, payments can be made at The Home De" 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 JUL11 X - E - 10/01/06 - 85 - -116-34-H188-04/16/11- -P-7-0 1 9196 - 0400 - 0002 - N -Y Page 2of4 Account: **** **** *'`** 6880 TRANSACTIONS (cont.) Trans Date Description Reference # Amount INTEREST CHARGED 08/16 INTEREST CHARGE ON PURCH SES $ 104.00 TOTAL INTEREST FOR THIS PERIOD $ 104.00 Total Fees Charged in 2 11 $235.00 Total Interest Charged i 2011 $637.46 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) Is the annual interest rate on your account. PURCHASES Revolvina Balance 26.99% (M) $4,395.58 _ $104.00 Page 3 of 4 Account:'**** **** **** 6880 Page 4 of 4 Verification Lisa Blamer I, (hereafter CCSI), a subsidi interest to Citibank (South services credit card accour Citibank (South Dakota), r authorized to make this vei complaint are true and con penalties of 18 Pa. C.S. Se, C-55242 Mary Miller Account number ending 688 1025 am employed by Citicorp Credit Services, Inc. (USA) y of Citibank, N.A. (hereafter Citibank), which is successor in akota), N.A. CCSI is a service provider for Citibank in that it owned by Citibank This includes accounts previously owned by k. which merged into Citibank in or about July 2011. I am cation on behalf of Citibank. The statements of facts set forth in the t upon my information and belief and are made subject to the on 4904, relating to unsworn falsification to authorities. 1 Signature SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ,?zti?t pt 4*4 1LF-0-0 IC 1 Dui Q 0 CUB BER'' AND COUN $ Y PE4 Citibank, NA vs. Mary Miller Case Number 2011-9418 SHERIFF'S RETURN OF SERVICE 01/03/2012 09:14 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on January 3, 2012 at 2114 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Mary Miller, by making known unto Darryl Miller, Husband of Defendant at 310 Pine Grove Road, Gardners, Cumberland County, Pennsylvania 17324 its contents and at the same time handing to him personally the said true and correct copy of the sam:ia?- .,??UTSHALL, DEPUTY SHERIFF COST: $39.00 January 05, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF G0' ntysu?te She!1'f. Tel eusctt. i ? ?:;. CITY BANK, NA Plaintiff, vs. MARY MILLER Defendant 4.?t)-?r r lGt: i l?? f'R01`NONQTA?` tr2212 JAN. 18 PM 3' '"COURT OF COMMON PLEAS CUMBERLAND ANIA T UMBERLAND COUNTY, PENNSYLVANIA p?NNSYLV Case No. 11-9418 CIVIL DEFENDANT MARY MILLERS ANSWER AND AFFIRMATIVE DEFENSES Defendant, MARY MILLER, (hereinafter Defendant), hereby files their Answer and Affirmative Defenses to Plaintiffs Complaint and states as follows: 1.) Defendant is without knowledge. 2.) Admitted. 3.) Admitted. 4.) Defendant is without knowledge and therefore denies and demands strict proof thereof 5.) Defendant is without knowledge and therefore denies and demands strict proof thereof. 6.) Defendant is without knowledge and therefore denies and demands strict proof thereof. 7.) Defendant is without knowledge and therefore denies and demands strictproof thereof. . 8.) Defendant is without knowledge and therefore denies and demands strict proof thereof. 9.) Defendant is without knowledge and therefore denies and demands. strict proof thereof. 14.) Defendant is without knowledge and therefore denies and demands strict proof thereof 11.) Defendant is without knowledge and therefore denies and demands strict proof thereof. WHEREFORE, Defendants pray that this Court dismiss Plaintiff's Complaint with prejudice; award this Defendant fees and costs and for all other relief to which this Defendants proves entitled., Defendants does hereby ask this court to deny the award of attorney fees, costs, interest, advances and for such other and further relief that this court deems proper. Defendants does hereby request this court find for Defendants in denying a judgment or granting any deficeincy judgment that Plaintiff may be request or be entioteld to as a matter of law. Defendants does hereby request this court to find for Defendants and grant a full satisfaction of the debt. Affirmative Defenses Defendant's First Affirmative Defense Plaintiff has failed to state a claim upon which relief can be granted. Plaintiffs Complaint and each cause of action therein fails to state facts sufficient to constitute a cause of action against Defendant for which relief can be granted. Defendant's Second Affirmative Defense Plaintiffs Complaint violates the statute of Frauds as the purported contractor agreement falls within a class of contracts or agreements required to be in writing. The purported contract or agreement alleged in the complaint is not in writing and signed by the Defendant or by some other person authorized by the Defendant and who was to answer for the alleged debt, default or miscarriage of another person. Defendant's Third Affirmative Defense Defendant claims Lack of Privity as Defendant has never entered into any contractual or debtor/creditor arrangements with the Plaintiff. Defendant's Forth Affirmative Defense Defendant alleges that Plaintiff's Complaint, and each cause of action therein is barred by the Doctrine of Estoppel, specifically Estoppel in Pais. Defendant's Fifth Affirmative Defense Defendant reserves the right to amend and/or add additional Answers, Defenses and/or Counterclaims at a later date. WHEREFORE, based upon one or more of the affirmative defenses set forth above, Defendant, MARY MILLER, is entitled to a release and satisfaction of the debt and dismissal of the claim with prejudice.. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Defendant's Requests for Production has been furnished by U.S. Mail to Neil Sarker, Esq 1060, Andrews Dr. 170 West Chester, PA 19380 on this 10 day of January, 2012. Mary ' ? ? "..jl 1 L _I 0 J'j 19 21121 A R 12 Pit I : i c3 1"UMBERLAND CDUNT ?ENNSY! VAWA Burton Neil & Associates, P.C. By: Neil Sarker, Esquire ID. NO. 203465 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK, N.A. : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 11-9418 MARY MILLER Defendant : CIVIL ACTION - LAW Praecipe to Discontinue To the Prothonotary: Kindly discontinue the above-captioned action without prejudice. Burton Neil & Associat By: Neil Sarker, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-55242 / 314