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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.
ALISON N TROY
15 North Middlesex Road
Carlisle PA 170131628
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 1900 ` ) L 0 S Ova
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-52054 / 304
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BURTON NEIL & ASSOCIATES, P.C.
Trenton A. Farmer, Esquire, Id. No. 209422
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. IN THE COURT OF COMMON PLEAS
701 East 60th Street N
Sioux Falls, SD 57117
Plaintiff
V.
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
ALISON N TROY
15 North Middlesex Road
Carlisle PA 17013-1628
Defendant 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 Alison N Troy who resides 15 North Middlesex Road, Carlisle,
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 1902.
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 infannation). 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 $2,423.62 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 $2,423.62, and
the costs of this action.
Burton Neil & Associates., P.C.
By: T )nt?n A. Farmer, Esquire
By: Brit J. Suttell, Esquire
In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector.
C-52054 / 205
Customer Service:
V myhomedepotaccountcom
® Account Inquiries:
a? 1-666-458-7683
Account Statement
Sand Natkeof Haling Errors and Customer Service Inquiries 14x
HOME DEPOT CRIEUIT SERVICES
PO BOX 653000. DALLAS TX 75265.3000
Payment Due Date
Maifed payments must be received by 5:00 PM at the
address lot payments by the payment due date.
Credit Limit $0.00
Available Credit $0.00
Statement Closing Date 03114/2011
Next Statement Closincl Date 04/1312011
April 10, 2011
Late Payment Warning: If we do not receive your minimum payment by the
date listed above, you may have to pay a late tee up to $35.
Minimum Payment Worming: it 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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On the minimum payment 19 years $6,238
$99 3 years $3,561
(Savings=52,677)
I you would Ike Information about credit counseling services, call i-977.337.8188.
Your minimum payment due Is $463.00. To avoid interest charges, pay your rarSAVESTAMPS, Register now for Paperfese
revolving balance of $2,423.62, plus any promotions expiring this period, by TIME... Statements and more at
April 10, 2011 (residual interest may apply), AND TREES! myhomedepotaccount.com
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We may be able to temporarily reduce your monthly payment and Interest charge. Our Account Resolution Specialists are available to provide assistance.
Please contact us at 1-866-752-0874, visit us online at myhomedeno ar .o mt .om, or go to your local The Home Depot store.
TRANSACTIONS
Trans Onto Description Reference 0 Amount
FEES
03/10 LATE FEE $ 35.00
TOTAL FEES FOR THIS PERIOD 11 35.00
. , . Your tax ret Und can help make it happen,
r t} Many customers have resolved overdue amounts by using their tax refund money. Its simple
and convartiurlt. If you're not expecting a refund, we may have payment options available.
Call 1-866-518-6160 today, and together,
we'll come up with a solution that is right for you.
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 of 4 This Account Is Issued by Cltlbsnk (South Dakota). N.A.
--------------------------------------------------------------------------------------------------------------------------
't Please detach this portion and return with your payment to insure proper credit. Retain upper portion for your rsoo"Is. 'L•
Make Checks Payable to: HOME DEPOT CREDIT SERVICES
1 Past Des Amount is included in the Minimum Payment Due.
Y06rAjetd6tt;Nyml ? Payment Due Date New Balance Past Due Amountt Minimum Payment Oue Amount Enclosed
:1902m tv April 10, 2011 $2,423.82 $349.00 $463.00 $
C P 6 091"-mow{ RY4..f!' If you find a curront lower orlon on an Idontical, in-stock item from any rctallor, we will match the
we've towered prices on hundreds of items storewide p?Ice and beat It by 10%. Certain exclusions apply. See store or hannodeps6eae for oatells.
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1u', AUSON N TROY
IS N MIDDLESEX RD
CARLISLE, PA 17013-1628
Print address changes above in blue or black ink.
HOME DEPOT CREDIT SERVICES
PROCESSING CENTER
DES MOINES, IA 50364-0500
111111tsIs111111it111111111111111111111111t1f11..1111111111111111
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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 Willing 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) fo
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 Stoien card immediately. Call the Customer Service
number shown on the front.
What To Do It You Think Yam 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:
•
Ac=nt : Your name and account number.
• Dg_Uar &M=: The dollar amount of the suspected error.
• descn wegm Pr:
witaievel is wwrrongi an why y you ban error elieve fl is a mour istake.
You must contact us within 60 days after the error appeared on your
statement. You must notify us of any potential errors' 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. 0 we determine that
we made a mistake, you will not have to pay the amount In question or
any interest or othir. fees related to that arrant.
• Whilo you do not ravo to pay tho amount in question, you are
responsible for the nerhainder of your balance.
• We can apply any unpaid amount against your credit limit
Your Rbhis It You Are Dissatlsfled 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 moil address, and the purchase price must
have been more than $50.( NOW: 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 quality.
3. You must not yet have fully paid for the purchase.
If all of the criteria above are met and you are still dissatisfied whh the
purchase, contact us in writlna 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, H 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 5 MONTHS'. $299 Minimum Purchase Required. Minimum Payments Required.
Interest will be charged to your account from the purchase date If the purchase balano s (including premiums for optional credit Insurance) la
not paid In full within 5 months or if you make a late payment.
.With credit approval for ualiiiyying purchases made on The Home C
Minimum INTEREST CHRI112: R See card agreement for details
and Is subject to chance without notice.
or EXPO Design Center Consumer Credit Card, 174M - 26AM APR.
ding APR applicable to you. Offer Is only valid for consumer accounts
Imporiont Payment Instructions.
Crediting Payments, If we receive your mailed payment in proper form at our
processing f3Clllty by 5 P.M. local time there, it will be credited as of that day A
payment reo:ofved there in proper form after that liars will be credited as of the
next doff, AibW 51o7 days for payments by regular mall to reach us. There may
?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 mgular mail
is the address on ties tiorK of theThepa ooupon. payment made m-store Is
not sent to the correct address. correct address r courier or express mail
is the F?geress Payments Address shown below.
Ptroper Fong. For a payment rant by mall or oouler 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.
• h%Wb your name and account number on the front of your check or
money order.
if you send an eligible check wfth this payment coupon, you authorlrs us
to 0110 r payment by electronic debit. If we do, the checking
of-Pal, rd11 tY?oudebhW In the amount on the check. We may do this as
soon as this day ire recehre the check. Also, the check will be destroyed.
Copy Fee. We charge $5 ter each of a billing statement that dates beck a
montfhs a more. Waadd the fee to a b ace of our choosing. We reserve the right
to add this fee to belan ces subject to a higher annual percentage rate. We warve
the fee if your request for the copy relates a billing error or disputed purchase.
x E 11!01/0)666 176 6 H18B Q6r14/t o B P 4 5 9196 O4g0 0x05 N
Payment Options Other Than Regular Mail.
•Onllne Payments, Visit myhornadlepobwaount.com and sign up for free
online payments. Enrollment may take a few days. It we receive your request to
make an online payment by 5 ,m. Eastern time, we will credR your payment as
of that day and R will post within three business days, ll we receive your request
to make an online payment after that time, we will credit your met71 as of the
next day and'it will post Wthln three business days. For recurs reasons, Y.
may be unable to pay your entire New Balance with your first online payment.
'Pay by Phone Service. You may use this service any time to make a
payment by phone, if your account Is eligible, You will be charged $14.95 to use
this rFge ff a representative of ours helps =to your payment. ?I by 5
prim; Eastern time to have your payment cred ed as of that day and posted
within throe business days. If you call after that Umo, your paymont will be
credited 29 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 ore ess mail to the
Express Payments Address. This address is: Customer Corer
Attentlon: Payment Mail Opening, ISM Bollonfield St.. Columbus, OH 432288.
flacs tune to becrediteedd as of pthat day All pay??ptroecei address Ian per pform
at the proper address after that time wilt loo credited as of the next day.
*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 to your account as of that day but
availability may be subject to veriffcation of funds.
HDIEX DEC10
Page 2 of 4
Account: **** **** **** 1902
TRANSACTIONS (cont.)
Trans Data Description Reference 0 Amount
INTEREST CHARGED
03/14 INTEREST CHARGE ON PURCHASES $ 5423
TOTAL INTEREST FOR THIS PERIOD $ 54.23
a
Total Fees Charged in 2011 $105,00
Total Interest Charged in 2011 $151,72
INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) is the annual Interest rate on your account.
-•w-p?a t,ew•? yv ?? ?-;:ns.? ;s,;,;w }yaa;.: r7*.': ?v-?
PURCHASES LSO T
Revolving Balance 26.99% M ?• $2,366.11 $54.23
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Page 3 of 4
Account: **** **** **** 1902
Page 4 of 4
Verification
Ashley Cooley
I , am employed by Citibank, N.A. (hereafter Citibank), which
is successor in interest to Citibank (South Dakota), N.A. 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-52054
Alison N Troy
Account number ending 1902
1025
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
?gtitltilti, ?? 4:upl,?r/?rtb
cxr=.
JF
E, 12 MAR 16 AM 8: 4 4
CUMBERLAND CO"UN"Pf'
PENNSYL VAN1A
Citibank, NA Case Number
vs. 2012-1465
Alison N. Troy
SHERIFF'S RETURN OF SERVICE
03/08/2012 03:13 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March
8, 2012 at 1513 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Alison N. Troy, by making known unto Steven Troy, Husband of Defendant at 15 N.
Middlesex Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time
handing to him personally the said true and correct copy of the same.
MICHAEL BARRICK, D
SHERIFF COST: $34.00
March 12, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
i
j±w ?tt+UNOTA`i j
1 a? '? R ! 9 PM 12: 5
C'UMSERLAND COUNTY
PENNSYLVANIA
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.
Plaintiff
V.
ALISON N TROY
Defendant
To the Prothonotary:
IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2012-1465 CIVIL
: CIVIL ACTION - LAW
Praecipe to Discontinue
Kindly discontinue the above-captioned action without prejudice.
Burton Neil & Associates, P.C.
By: rttton A. Farmer, Esquire
orney for Plaintiff
The law firm of Burton Neil & Associates is a debt collector.
C-52054 / 314