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HomeMy WebLinkAbout12-3510i r 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. JOSHUA L GUTSHALL 1577 McClures Gap Road Carlisle PA 17015-8914 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. /p'( 3510 6-ve(7e-m 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 (SO Telephone No. 717-249-3166 or 800-990-9108 4/03.75 PD AW C-52271 / 304 C*/aao7g- P,# .270&8 BURTON NEIL & ASSOCIATES, P.C. Edward J. O'Brien, Esquire, Id. No. 32985 Brit J. Suttell, Esquire, Id. No. 204140 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attornev 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. JOSHUA L GUTSHALL 1577 McClures Gap Road Carlisle PA 17015-8914 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 Joshua L Gutshall who resides 1577 McClures Gap 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 1381. 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 $1,501.79 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 $1,501.79, and the costs of this action. B o jeil Associates, P.C. Zy- ward O'Brien, Esquire Brit J. Suttell, Esquire In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector. C-52271 / 205 C-52z?1 Customer Service: V myhomedepotaccounLcom ® Account Inquiries: 1-866-458-7683 Summa of Account Activity Previous Balance $2,396.98 Payments -$0.00 Other Credits -$0.00 Purchases +$0.00 Fees Charged +$35.00 Interest Charged +$55.81 New Balance Past Due Amount $2,487.79 $376.00 Mailed payments must be received by 5:00 PM at the information address for payments by the payment due date. New Balance $2,487.79 Minimum Payment Due $492.00 Payment Due Date March 05, 2011 Late Payment Wanting: It 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: Credit Limit $0.00 Available Credit $0.00 Only the minimum payment 19 years $6,842 Statement Closing Date 02/06/2011 $106 3 years $3,801 j (Savings=$3,041) Next Statement Closing Date 03/09/2011 Days in Billing Cycle 28 If you would Ike information about credit counseling services, can 1-877-337-8188. Your minimum payment due is $492.00. To avoid interest charges, pay your arSAVE STAMPS, Register now for Paperless revolving balance of $2,487.79, plus any promotions expiring this period, by TIME... Statements and more at March 5, 2011 (residual interest may apply). AND TREES1 myhomedepotaceount.com z z Z cQ Z c7S I V Z ?Z ro Z ^ ZI Z Z Z Z Z TRANSACTIONS Trans Dab Description Account Statement Send Noticed Billing Ertors and Custom Service Inquiries to HOME DEPOT CREDIT SERVICES PO BOX 653000, DALLAS TX 752653000 ACQ r lt?llf '134t Reference N Amount FEES 02/05 LATE FEE $ 35.00 TOTAL FEES FOR THIS PERIOD 35.00 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. + Make Checks Payable to: HOME DEPOT CREDIT SERVICES t Past Due Amount is included in the Minimum Payment Due. ?ard?r.a?r fi? a : r Payment Due Dab New Balance Past Due Amountt Minimum Payment Due Amount Enclosed March 5, 2011 $2,487.79 $378.00 $492.00 $ PIE Garden Club members get money-saving offers and time-saving tips! GARDEN CLUB Sign up today for free: homadepotgardenciub.com/register 1381024877900022000049200100 KBAVHD12 216!11 0A N IIII'lllll'll'III"I'll""IIIIIII'lllllllllllli1i1111"1111"I' JOSHUA L GUTSHALL 1577 MCCLURES GAP RD CARLISLE, PA 17015-8914 HOME DEPOT CREDIT SERVICES PROCESSING CENTER DES MOINES, IA 503640500 'II"II'I'I'Illtllllllllll'll'I'llll'lllll'll Ilnllllnllnll'lll EXHIBIT A Print address changes above in blue or black ink. Information About Your Account. How to Amid 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 deterred 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 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 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 : Your name and account number. • Dollar amw The dollar amount of the suspected error. • DescrirMon of P : 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 writin . 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. Owe 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 Rlahts If You Are Dkmatlsfled With Your Credit Card Purchasss 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 H 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 ti MONTHS'. $299 Minimum Purchase Required. Minimum Payments Required. Interest w111 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 lab payment. F th credit aapppprroval for qualifying purchases made on The Home Depot or EXPO Design Center Consumer Credit Card, 17.99% - 26.99%APR. imum INTECHARGE . See card agreement for details Including APR applicable to you. Offer is only valid for consumer accounts d is subject to change without notice. Importsnt Payment Instructions. Crediting Payments. If we receive your mailed payment in proper form at our processing facility by 5 p.m. local tine 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 paymeros by regular mai I to reach us. There may be a delay of up to 5 days in crediting a pa nt we receive that is not in proper form or is not sent to the correct address. The correct address for regular mall is the address on the front of the payment couppoonn. A payment made at-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 p%nwit 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. • Include your name and account number on the front of your check or you money orddeeru _ ?syn t? If emourd Will ins r 91n lthe?smouM' t check. We may do this as soon as the day we receive the check. Also, the check wlp be destroyed. Copy Fee. We charge $5 for each copy of a billing statement that dates back 3 months or more. We skid the fee to a balance of our choosing. We reserve the right to add this fee to balances subject to a higher arrrual percentage rate. We waive the fee 9 your request for the copy relates to a billing error or disputed purchase. Payment Options Other Than Regular •Onilne Paymerds. Visit myhorrpofaccount.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 past within three business days If we receive your request to make an online payment after that time, we will credit your payment as of the next day and k will post within three business days. For securi reasons, you may be unable to pay your entire New Balance with your first on me payment. •pPayarty?rb?ty Pphto?pnne? Service. You may use this service any time to make a this servl? If a reprrxrrtatfve of ourst Yefte? yacrrpayrnent Call buyss p.m. Eastern time to have your payment credited as of that day and posted within throe business days. If you call after that Ume, your payment will be credited as of the next day and posted within three business days. We may pEroce? payment electronically after we verify your identity. yments. You can sand payment try courier or express mail to the Ex Payments Address. This address is: Customer Service Center, Atten?Uon: Payment Mait Opening, 1500 Boltonfield St„ Columbus, OH 43228. Payment must be received in r form at the prcp?er address by 5 .m. Pacific tine to be credited as of that day. Ail payrner?t? recenied in proper fomt at bite proper address after that time viii be credited es of the next day. •In store Paymsrrls. For your added convenience, payments can be made at The Home DepoN stores with no service fee. Payrrx3rrhs made at the store prior to the store closing time will be posted to your account as of that day but availability maybe subject to verification of funds. X E 10/01/O6 92 116 90 H18P 06/09/10 P 7 8 9196 0400 0005 N HD/EX DEC'io Page 2 of 4 Account: **** **** **** 1381 TRANSACTIONS (cont.) Trans Date Description Reference # Amount INTEREST CHARGED 02/06 Interest Charge on Purchases $ 55.81 TOTAL INTEREST FOR THIS PERIOD 55.81 x MIR Total Fees Charged in 2011 $70.00 Total Interest Charged in 2011 $227.18 INTEREST CHARGE CALCULATION _ Your Annual Percent- Rab APR Is the annual Interest rate on your account. PURCHASES Revolving Balance 29.990/6 (M) $2,426.25 $55.81 z z 1Z c? Z Z J Z SNZ Z O ' N Z Z Z Z Z Z Page 3 of 4 Account: **** **** **** 1381 Page 4 of 4 Verification Vikki L. Koch am employed by Citibank, N.A. (hereafter Citibank), which is successor in interest to Citibank (South Dakota), N.A. This includes accounts previously owned by Citibank (South Dakota), N.A. which merged into Citibank in or about July 2011. I am authorized to make this verification on behalf of Citibank. The statements of facts set forth in the Complaint are true and correct upon my information and belief and are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. f G?J--Xxt. ?)4 Signature C-52271 Joshua L Gutshall Account number ending 1381 1025 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor 4'$'"0t10 ofutN&rp??A OFFICE C THE SwERIFF R ? P! 21 ' 9° I' € '"1 ? i 4; i 4 D Gi !'a 1 Citibank, NA vs. Joshua L. Gutshall Case Number 2012-3510 SHERIFF'S RETURN OF SERVICE 06/18/2012 03:48 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 18, 2012 at 1548 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Joshua L. Gutshall, by making known unto himself personally, at 1577 McClures Gap Road, 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. MICHAEL BA RIC , DEPUTY SHERIFF COST: $34.00 June 19, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF Cj CountySuite Sheriff. Teleosoft. Inc.. i` I1"E)-0FFIGE `_ 'R_1 HOIOTCITIBANK, N.A. r Mr THE COURT OF COMMON PLEAS 701 East 60th Street N. 2012 JUL 30 PM 2: 59 Sioux Falb, SD 571 17 Plaintiff CUMBERLAND COU?( WBERLAND COUNTY, PENNSYLVANIA PENNSYLVANIA V. NO. 12-3510 CIVIL TERM JOSHUA L GUTSHALL 108 Spruce CT Annville PA 17003 Defendant : CIVIL ACTION - LAW To the Prothonotary: Please enter judgment by default for want of an answer in the above case in ;favor of the plaintiff and against the defendant, and assess damages as follows: Principal: TOTAL Praecipe for Default Judgment $1,501.79 $1,501.79 Understanding; that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment debtor and creditor. 2. "The annexed notice of intention to file this praecipe was mailed to all parties against whom judgment is to be entered and to their record attorneys, if any. after the default occurred, and at least ten days prior to the date of the filing of this praecipe. 3. Pursuant to Section 201(b)(1)(A) of the Servicemembers Civ:il Relief Act of 2003 (SCRA), the defendant is not in the military service of the United States based on information received from the defendant and/or the Department of Defense website. c The law 0 firm of Burton Neil & Associates is a debt collector. JUD(;M NT BY DEFAULT ENTE B on N l Associates, P.C. AND DA GE 'S D AS A NOTICE VEN PA.R.C .236 Pro Prothonotary LL). NO. 32985 W C-52271 / 221 ward J. O'Brien, Esquire Attorney for Plaintiff 1060 Andrew Drive, Suite 1170 West Chester, PA 1938 C1? r? ? al?r3a? ? (? CITIBANK. N.A. : IN THE COURT OF COMMON PLEAS V. NO. 12-351.0 CIVIL TERrO JOSHUA L GUTSHALL Defendant : CIVIL ACTION - LAW TO: Joshua L Gutshall 108 Spruce Ct Annvi;lle PA 17003 DATE OF NOTICE: July 13, 2012 IMPORTANT NOTICE C-52271 / 265 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (''10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office below. 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 ?. w:. In making this communication, we advise our office is a debt collector. Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Burton Neil & Associates, P.C. By: _ Edward .O' ) wire Attorney for Plaint?ft- Identification No. 32985 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Burton Neil & Associates, P.C. By: Edward J. O'Brien, Esquire ID. NO. 32985 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITMANK. N.A. IN THE COURT OF COMMON PLEAS Plaintiff V CUMBERLAND COUNTY, PENNSYLVANIA JOSHUA L GUTSUALL Defendant NO. 12-3510 CIVIL TERM CIVIL ACTION - LAW Rule of Civil Procedure NO. 236 (Revised) Notice is given that a JUDGMENT in the above captioned matter has been entered against you on Prothonotary By:_ epu y 11'vou have any questions concerning the above, please contact: Edward J. O'Brien, Esquire! Attorney for Party Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610-696-2120 The law firm of Burton Neil & Associates is a debt collector.