HomeMy WebLinkAbout12-2153f'f C??O 1IZ,.
P 1
13 r1AND COUNTY
'E NSYLVANIA
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.
CHRISTOPHER A HECKENDORN
2731 Rimer Highway
Carlisle PA 170159428
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. pro O-! a] S3 8vil
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-51226 / 304
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BURTON NEIL & ASSOCIATES, P.C.
Neil Sarker, Esquire, Id. No. 203465
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.
CHRISTOPHER A HECKENDORN
2731 Ritner Highway
Carlisle PA 170159428
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
Defendant : CIVIL ACTION -LAW
Complaint
Plaintiff is CITIBANK, N.A. with place of business located at 701 East 60th Street
North, Sioux Falls, South Dakota.
2. Defendant is Christopher A Heckendom who resides 2731 Ritner Highway, 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 4041.
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 $3,966.04 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 $3,966.04, and
the costs of this action.
Burton Neil Associates, P.C.
BB: N 1 Sarker, Esquire
?By: Brit J. Suttell, Esquire
In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector.
C-51226 / 205
Account Statement
Send Ndiceof Billing Elms and Customer Serviot Inquiries b:
HOME DEPOT CREDIT SERVICES
PO BOX 653000, DALLAS TX 75265.3000
L?M
Summa of Account Activi
Previous Balance $3,862.31
Payments -$0.00
Other Credits -$0.00
Purchases +$0.00
Fees Charged +$35.00
Interest Charged +$68.73
New Balance
Past Due Amount $3,966.04
$797.00
Credit Limit $0.00
Available Credit $0.00
Statement Closing Date 0211312011
Next Statement Closing Date 03/16/2011
Days in Billing Cycle 28
Customer Service:
myhom edepotaccou nt.com
® Account Inquiries:
1-866458-7683
Mailed payments nest be received by 5:00 PM at the
Payment Information address for payments by the payment due date.
New Balance $3,966.04
Minimum Payment Due $941.00
Payment Due Date March 12, 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 ana it will raKe you longer to pay oil your
balance. For example:
I W 4"t 5" -NA "A
w
rx?'1µ Y.'. d c.,•
Only the minimum payment 22 years $9,224
$154 3 years $5,526
(Savings=$3,696)
If you would like information about credit counseling services, call 1-077-337-8188.
Your minimum payment due is $941.00. To avoid interest charges, pay your rBKSAVE STAL41? , Register now for Paperless
revolving balance of $3,966.04, plus any promotions expiring this period, by ! TlMt;,,,N Statements and more at
March 12, 2011 (residual interest may apply). APt D TIREES! mryhstcttedepaW=ount.com
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TRANSACTIONS
Trans Date Description Reference # Amount
FEES
02112 LATE FEE $ 35.00
TOTAL FEES FOR THIS PERIOD
35.00
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Pagel of 4 This Account Is Issued by Citibank (South Dakota), NA.
--------------------•--------------------------------------------------------------------------------------------------------
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. _in Payment Due Date New Balance Past Due Amountt Minimum Payment Due Amount Enclosed
e March 12, 2011 $3,966.04 $797.00 $941.00 $
1
? Garden Club members get money-saving offers and time-saving tips!
GARDEN Ctt9R
Sign up today for free: homedep otgardenclub.com/register
4041039660400183000094100100
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CHRISTOPHER A HECKENDORN
2731 RITNER HWY
CARLISLE, PA 17015-9428
Prim address changes above in blue or black ink.
HOME DEPOT CREDIT SERVICES
PROCESSING CENTER
DES MOINES, IA 50364-OW0
IIIitllr1rlrll1 1 11111111111111 1 111111I1III1I111111111 ttllrrlltl11
EXHIBIT ?
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 :nterest on purchases if you pay your New Balance by
the payment due data 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 Now Balance in full for two billing cycles in a row.
If you have a oalance subject to a deferred Interest, 0% APR or Equal
Payment Plan cromotior 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 irterest 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 promo Donal 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 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 nethod (including current transactions) to
calculate Interest charges. For Methods I and L, we use an average
daily balance method (ncluding current transactions) to calculate
interest charges. For Method K, we use an average daily balance
method (excluding current transactions) to calculate interest charges.
To rind out more information about the balance computation method
that applies to your account and how the resulting interest charges
were determined: contact us at he 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, cn the front.
What To Do it You Think You Find a Mistake on Your Statement
If you think there is an error on your statemert, write to us at the
Customer Service address shown on the fronL
In your letter, give us the following information:
• Account information: Your name and account number.
n : The dollar amount of the suspected error.
• f l r air
• Descripton of Problem: if you think there is an enor on your bill,
describe what you believe is wrong and why you believe it is a mistake.
You must contact ue within 60 days after the error appeared on your
statement. You must notify us of any potential errors in wrf in . You may
call us, but it you do we are not required to investigate any potential
errors and you may have to pay the amours ir• question.
While we investgate 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 cha ge ;n question may remain on your statement, and we may
cxxztinue to charge you interest on that amount. But, it we determine that
we made a mistake, you will not have to pay the amour t In question or
any interest or attar fees related to that amount.
• While you do not have to Day the anount in question, you are
responsible for the remainder of your balance.
• We can apply any unpaid amount against your credit 11mit
Your Rights If You Are Dtnatisfied 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 merchart, 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 orwithin 100
miles of your current maiiin address, and the purchase price must
have been more than i6l Note: Neither of these are riecessary it
your purchase was based on an advertisement we mailed to you, or
if we own the company that sold you the goods or ser4ices.)
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 at of the criteria above are met and you are still dissatisfied with the
purchase, contact us in writing at the Customer Service address shown
or, the front.
While we investigate, the same rules apply to the disputed amount as
discussed above. Auer we finish our investigation, we will tall you our
decision. At that point, a 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 B MONTHS. $289 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 6 months or If you make a late payment.
th credit approval for qualifying purchases made on The Rome Depot or EXPO Design Center Consumer Credit Card, 17.99%- 26.99% APR.
Minimum INTEREST CHARGE. 412- 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 Instruction
Credt#ing Payments. if we receve your maim Payment in proper form at our
processing facility by 5 p.m. local tlme 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 snail to reach us. There may
be a delay of up to 5 days in cred itrn a p -want we receive that is not in proper
form or is not sent to the correct address. Tire correct address for regular mail
is the add roes on the front of the payment cafon. A payrrlent made x1-stom is
not sent to he correct address. The correct address for courier or express rrW
is the Express Payments Address shown below.
Proper Form. For a payment sett by mail or courier to be it proper form, you must:
• Enclose a valid check or money order made payable to Hone Depot
Credit Services. No cash, gift cards, or foreign Curren please.
• Include your name and account number on the front of your clack or
money orddeeru p?ajrm_ ytne
If you send an oa01 ? be ?fdebited in t by a a?i(c ?r the authorize us 1491 soon as the day we receive the check. Also, the check will be destroyed.
Copy Fee. We charge $5 to each copy of a billing statement that dates back 3
rnorVs or mare. 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 p&wntage rate. We waive
the fee if your request for the copy relates to a billing error or disputed purchase.
Payment Options Other Than Regular Mail.
•AnHne Payments. Visit rWhrx W&potac munLccrr and sign up for free
online payments. Enrollment may take a few days. If we receive your request to
make an online t by 5 p.m. Eastern time, we will credit your payment as
of that days and t v r post within three business days. If we receive your request
to make an on.ne payrral after that time, we will credit you pa mere as of the
next day and it will post within three business cays . For scour' resorts, you
may be unable to pay your entire New Balance X. your first on rte payment
ell by Phone Service. You may use this service any time to make a
payment , by phone, it your account is eligible. You will be charged $14.96 to use
this seance if a represortative of ours helps expedite your payment. Call b 6
p.m: Eastern time to have yam payment cred ed as of that day and posed
within three business days. if you call after that time, your payment will be
credited as of the next day and posted within three business days. We may
process our payment electronicafly after we verify slur identity.
•I:xpress PaymenL=- r seneat by courier or ess? mail to ress Paryrrrerris idiiCeterAttention: Payment q1BooMiefd St., Cctums, CH 4?.
f
rrrerrust r rot ess by 5 p.m.
Pacmc time to be oredited as in of of that dr ayy. Al ur t a pay. the nits
prs roper 5ns?r eceat the paddaftthat twi€d day.
•In S#oro Payments. For your added convenience, payments can >e made at
the Home pep oP stores with no service tea. Payrrrants made at the store prior
to the store closing time will be posh to yo6r account as of that day btt
availability may be subject to verification of Blinds.
D E 10/01/0640 000 15 HOPS 11/10/10 B P 6 7 8196 0460 0002 N HDtEX DECt O
Page 2 of 4
Account: ************4041
TRANSACTIONS (cont.)
Trans Date Description Reference # Amount
INTEREST CHARGED
02`13 INTEREST CHARGE ON PURCHASES $ 68.73
TOTAL INTEREST FOR THIS PERIOD $ 68.73
? y; •':.4N .1n fl."ia?i. '. .i.Y:^AKiM Y.. ?yf? -y ..:fC::: 9'fI??I ??ry.. f='
Total Fees Charged in 2011 $70.00
Total Interest Charged in 2011 $142.81
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INTEREST CHARGE CALCULATION Your Annual Percentage Rate (APR) f3 the annual interest rate..onyouraccount.
PURCHASES
Revolving Balance 22.99% M $3,897.82 $68.73
Page 3 of 4
Accou nt: ***" *' ** **** 4041
Page 4of4
Verification
1, Lisa Blum , 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 unworn falsification to authorities.
Signature
C-51226
Christopher A Heckendorn
Account number ending 4041
1025
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
??,?ytS#7 a1 ?,Inti.?frLy?
C
AL.
Citibank, NA
vs. Case Number
Christopher A. Heckendorn 2012-2153
SHERIFF'S RETURN OF SERVICE
04/10/2012 04:26 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April
10, 2012 at 1626 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Christopher A. Heckendorn, by making known unto himself personally, at 2731 Ritner
Highway, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to
him personally the said true and correct copy of the same.
S W TS EPIJTY
SHERIFF COST: $34.00
April 12, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
C; L
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.
Plaintiff
V.
CHRISTOPHER A HECKENDORN
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2012-2153 CIVIL
CIVIL ACTION - LAW
Praecipe to Settle, End, & Discontinue
To the Prothonotary:
Mark the above matter Settled, Ended and Discontinued.
Burton Neil & Asso
By:
Neil Sark r, Esquire
Attorney for Plaintiff
The law firm of Burton Neil & Associates is a debt collector.
C-51226 / 318