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Home My WebLink About12-0622FILED-OFFICE OF THE PROTHONOTARY 2G 12 F E 9 - i PM 12: E-S E CUMBERLAND COUNT`! I ENNSYLVANIA 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. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. KATHY A KNAUB 165 Salem Church Road Mechanicsburg PA 170502835 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ail a_ ?o'? C41" 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-55837 / 304 cs__?)J r +s 163.75 pd a Ckk 4 I I yam 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. 701 East 60th Street N Sioux Falls, SD 57117 Plaintiff V. KAT14Y A KNAUB 165 Salem Church Road Mechanicsburg PA 170502835 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 Kathy A Knaub who resides 165 Salem Church 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 6837. 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 $2,807.34 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 $2,807.34, and the costs of this action. Associates, P.C. By: DeNk C"Blasker, Esquire Attorney for Plaintiff In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. 1ti?1 V Customer Service: myhomadepotaccount.com Account Inquiries: 1-868-458-7883 Account Statement Send Notice of Bluing Errors and Customer 9ervlos Inquiries to HOME DEPOT CREDIT SERVICES PO Box 790328, St Louis, MO 63179 a AChp>VtlrttNI f,n' R 683?fi Summa of Account Activity Previous Balance $2,704.76 Payments -$0.00 Other Credits -$0.00 Purchases +$0.00 Fees Charged +$35.00 Interest Charged +$67.58 New Balance Past Due Amount $2,807.34 $811.00 Credit Limit $0.00 Available Credit $0.00 Statement Closing Date 09/21/2011 Next Statement Closing Date 10/21/2011 Days in Billing Cycle 30 Your minimum payment due is $942.00. To avoid interest charges, pay $2,807.34 by SAVE STAMPS, Register now for Paperf at October 18, 2011 (residual interest may apply). rrME••• Statements and more at AND TREES! myhomedepotaccount.com TRANSACTIONS Trans Oat* Description Reference S Amount FEES 09/18 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD 35.00 8HID 14 NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page I of 4 This Account Is Issued by Citibank, N.A. ----------------------------------------------------------------------------------------------------------------------------- T 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 Due. Yotyf,Accotj#tliititgh;- Payment Due Data New Balance Past Due Amountt Minimum Payment Due Amount Enclosed 6rlkr".`" OCTOBER 18, 2011 $2,807.34 $811.00 $942.00 $ 6837028073400100000094200106 KATHY A KNAUB 165 SALEM CHURCH RD MECHANICSBURG, PA 17050-2835 Pa ment Information New Balance $2,807.34 Minimum Payment Due $942.00 Payment Due Date October 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 Waming: 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: r,.. .. ,,... '•4 ski" 41 LS.. 'tl.' vro. Only the minimum payment 19 years $6,850 $119 3 years $4,290 (Savings=$2, 560) If you would like Information about credit counseling services, call 1-877-337.8188. HOME DEPOT CREDIT SERVICES PO BOX 182676 COLUMBUS, OH 43218-2676 ExHibil Print address changes above in blue or black ink. 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, 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 dally 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 informatlon 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. 0 What To Do KYouThlnkYou Find a Mistake onYour 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. • Qgscripton 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 in writing. 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 you 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 Rlghte If You Am 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 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 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'. $299 minlmum 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 make a late payment. 'With credit approval for qualifying purchases made on The Horne Depot or EXPO Design Center Consumer Credit Card, 17.99% - 2699% 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 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 of up to 5 days in crediting a payment we receive that is not in proper form or is not sent to the correct address. The correct address for regular nail is the address on the front of the payment coupon. A payment made in-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 • Enclose a valid check or money order made payable to Home Depot Credit Services. No cash, gift cards, or foreign currency please. • Induds your name and account number on the front of your check or money order. It you send an eligible their with this payment coupon, youtau s= king to coin ON yrsur payment by electro nic debit. R we do, accourd will bs dab Muted in the amount on the check we may do this as soon as the day we receive the check Also, the check will be destroyed. Copy Fee. We charge $5 for each copy of a billing statemem 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. Payment Options OtherThan Regular Mail. •Onlins Payments. Visit mytromedepotaccount.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 p ment 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 with your first on me payment. 'Pay t Phone Service. You may use this service any time to make a paymen by phone, if your account is eligible. You will be charged $14.95 to use this ser,nce if 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 days If you tail after that time, your payment will be credited as of the next clay 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 Express Payments Address. This address is: Customer Service Center, Attention: Payment Mail O ening, 1500 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 will be credited as of the next day. •In Store Payments. For your added convenience, payments can be made at The Home Depote stores W th 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. HDJEX JUL1 I X-E-12/01/01 -25- -192-34 -H16P-04122/11 -e-P-7-0-9196-0400-Ooo1 -N - Page 2 of 4 Account: **** ****'**** 6837 TRANSACTIONS (cont.) Trans Date Description Reference # Amount INTEREST CHARGED 09/21 INTEREST CHARGE ON PURCHASES $ 67.58 TOTAL INTEREST FOR THIS PERIOD 1 WA., Total Fees Charged in 2011 $280.00 Total Interest Charged in 2011 $538.33 67.58 INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual Interest rate on your account. i r AtJ4i 1 k Abe 1 ' W AMWU`Ui PURCHASES Revolving Balance 29.99% (M) $2,741.90 $67.58 Page 3 of 4 Account: **** ****'**** 6837 Page 4 of 4 Verification ena Reynolds 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. C Signature C-55837 Kathy A Knaub Account number ending 6837 1025 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson _1j'r Sheriff it" tr of 611r+brr PROTHON tftb OTA Jody S Smith Chief Deputy n l 3 F EB 14 AM 10' 0 Q tRichard W Stewart Solicitor CUFF EOFFt^E..:ER,FF )MBERLANDCOUNTY PENNSYl.VAN'A Citibank, NA Case Number vs. Kathy A. Knaub 2012-622 SHERIFF'S RETURN OF SERVICE 02/03/2012 03:41 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2012 at 1541 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Kathy A. Knaub, by making known unto Barbara Stech, Sister of Defendant at 165 Salem Church Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. DENNI RY, DEPUTY SHERIFF COST: $38.00 February 09, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF (c Gou tysuite s er:ff Te!eoso`t Inc ,- 17 `0 kLr V VI nd. '1012 MAR 12 P,i'l 1. 17 ` LJHBERLAND COUNT',` 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. Plaintiff V. KATHY A KNAUB Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2012-622 CIVIL CIVIL ACTION - LAW Praecipe to Discontinue Kindly discontinue the above-captioned action wi By: The law firm of Burton Neil & Associates is a debt collector. prejudice. & Associates, P.C. C. Blasker, Esquire ev for Plaintiff C-55837 / 314