HomeMy WebLinkAbout12-4648OF THE PROTHONOTARY
2012 JUL 2 5 V4,111- 2 8
CUMBERLAND COUNT'
PENNSYLVANIA
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
IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
HOPE R PARKS ?-? 0 C! ?l
. NO. l A`
406 Mohawk Road
Newville PA 17241-9424
Defendant 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-58088 / 304
Oka / PYO S!
P µ. ?-1$ 4?4
BCRTON 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.
701 East 60th Street N
Sioux Falls, SD 57117
Plaintiff
V.
HOPE R PARKS
406 Mohawk Road
Newville PA 1 724 1 9424
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 Hope R Parks who resides 406 Mohawk Road, Newville, 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 9337.
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 $4,094.90 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 $4,094.90, and
the costs of this action.
B o '1 sociates, P.C.
ey:Brit nton A. Farmer, Esquire
--, J. Suttell, Esquire
In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector.
C-58088 / 205
Account Statement
Saxi W" of Bili ft En ors and Gustana Seryix giquria to:
d Customer Service: HOME DEPOT CREDIT SERVICES
myhomedepotaccount.com PO Box 790328, St. Louis, MO 63179
Account Inquiries: = Y = k 3......?r
® 1-866-458-7683tGStlrtE -
New Balance $4,094.90
Minimum Payment Due $788.00
Payment Due Date March 8, 2012
Credit Limit $0.00
Available Credit $0.00
Statement Closing Date 02/1012012
Next Statement Closing Date 03/12/2012
Days in Billing Cycle 29
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 and it will take you longer to pay off your
balance. For example:
Only the minimum payment 22 years - $9,307
$152 3 years $5,486
(Savings=$3,821)
If you would Ake information about credit counseling services, cad 1-077-337-0188.
Your minimum payment due is $788.00. To avoid interest charges on your non-promotional (revolving) balance and any expiring promotions, pay 54,094.90 by March 8, 2012.
If you pay your non-promotional balance in full every month, no addHkmal billed interest charges will apply. Interest accrues daily from your statement date until we receive
your payment, so please check your next statement for any additional interest you may have Incurred.
Its not too late. We may have the right tools to help you bring your account current. Take advantage of our experience with resolving situations similar to
yours. However, it is urgent that you call us today to discuss! Please contact us at 1-866.752-0874, visit us online at =home ;poteccount.oom, or go to
your local The Home Depot store.
Please see the enclosed privacy notice for important information.
Yom- tax ream;l can help make, it thap k€:,
Many customers have resolved overdue amounts by using their tax refund money. It's simplo
and convenient, If you're not expecting a refund, we may have payment options available.
Gala 1-886-518-6160 today, and together,
we'll come up with a solution that Is right for you.
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Pagel of 6 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. T
Make Checks Payable to: HOME DEPOT CREDIT SERVICES
t Past Due Amount is Included in the Minimum Pa ment Due
_
?c . QW-
Payment Due Date
New Balance
Past Due Amounts
Minimum Payment Due Y
Amount Enclosed
4-
t 7r ?.
MARCH 6, 2012
$4,094.90
$647.00
$788.00
$
9337040949000175000078800108
HOPE R PARKS
406 MOHAWK RD
NEWVILLE, PA 17241.9424
HOME DEPOT CREDIT SERVICES
PO BOX 182676
COLUMBUS, OH 43218-2676
Prim address changes above in blue or black ink.
Information About Your Acsannt.
How to Amid Paying Interest on Porchas :x. Your paymatt due date Is at least 25 days a':er the
close of each hilling cycle. We will not charge ou any interest on purchases if ycu pay your New
Balance by the payment due date each month. This Is called a race period on purchases. if you do
not pay the New Balance in full by the ppaymerd due date, you will
I mat get a g ace period o.n purchases
until you pay the New [dance in full for two billing cycles in a row.
if you have a halve subject to a deferred interest or IN,* APR promotion and that promotion does not
expire before the payment due elate, that bete (the `excluded balarce°) is excluded from the
amount you most pay in till to get a grace Reriod. In audition, If you have a major purrdrase plan
balm, that balance (the 'excluded balance j is excluded from the amount you must pay in full to
at a grace period. However, you must still pay any separately required payrmat on the excluded
balance. In billing cycles in which payments are allocated to deferred Interest balances first, the
deferred Interest balance will be reduced before any aft balance on the account However, you will
continue to get a gace period on purdms so Iongg as you pay the Now Balance !em any excluded
balances In full by the payment due date each billing cycle. We may refer to deferred interest
promotions as No herest procuration.
X" addhiM certain promotional offers may take away the grace period on purchases. Other
promotional offers not described above may also allow yov to have a grace period on purchases
without having to pay all or a portion of the promotional balance by the payment due dace. If either is
the case, the promotional offer will da=ibe what happens.
How We Calculate Your Below Subject to Interest Nate. For each balotce, the letter
following the Amami Parceritage Rate In thelrrerest 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 (inciuding current transactions to calculate irderestcharges. For Methods 1
and L, we use an averapa daily balance nebiod (InclIng current transactions) to calculate interns!
charges. For fvietho;t K vw use an avertrge dally balance method (excluding current transactions) to
raleulaie irillerest charges. To find out mom intommation abort the balance computation method that
apron to your account and haw the resulting interest chargm were determined, Cl us at
Grrstomer Service rumber on the from.
Credit Reporting Disputes. t` you blink we reported Inaccurate intormratiot to acredit bureau write
us at tha i.rutomer Service address shown on the `ronL
ReW a Lost or States Gard Immediately. Call the Account Inquiries number shown on
the front.
What To Be ty You Ffnd,A M10ke Ow Yore Stalemmnt
II you think therm' is an error on your statement, write to us at the address for billing inquiries and
correspondence shown on the hart Of your Statement
!n your letter, give us he following iriformavon:
-,zonal ;;;;brrrrQ6on: Your name and account nuumber.
• Vollararrxsulr>i: The dollar arruuunt of the suspected error.
• Door pffon 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 staff MQM
• At least "s business days blulore an automated payment is scheduled, if you want to stop payment on
the arruntyal, think wrong.
Y6r! must natity us of any polentlal errors in orfffng. You may all us, htdtt you do we are not required
to Invesflgate arty polential er ors a; d you may have to pay the amrourd in question.
IYbaf *7#Ihmerntimer ft Receive roarLoff
When we receive your letter, we must do twia things,
t. Within 30 days of receiving your feller, we must tell you tiW we received your deter. We will also
tell you if we live already corrected the error.
2. Within 90 days of receiving your IeW. we must either coned the error or explain to you why we
bel love the bill is erne: L
While we Investigate. whether or not there has been an error:
• We cannot try to collect the amount in question, or reportyclu as delinquent on that amours.
• The charge in question may remain on your st&rnert and we may cantinas; to charge you interest
on that amount.
• While you do not have to pay trio amount in question, you are responsible for the remainder of
your balance.
• We mn apply any unodamourt against your credit limit.
After we finish our imesligon, one of two things will happen:
• tF ut rraadea mistda You will trot have to pay the amount in question or arty interest or other tees
.related to that amount.
• fi im do not tedious Mm uas a mistake.-You will Have to pay the amount in question, along with
applicable interest and tees. We will send you a statemanl of the amount you on and the dale
payment is due. We may then repot you as delinquent if you do not pay the anxiud we. think you owe.
If You receive our explanation but sliIl believe your bill is wrong, you must write to us within Mao
tefting us that you still refuse to pay. If you do so, we cannot report you as delinquent without also
reporting tirtyou are questioning your bill. ft must tai I you the rame of anyone to whom we teporled
U as debngrrent, and we must let thane organiati6ns 6tav when the matter has been settled
vYOCn A.
If we do not follow all of the rules above, you do not have to pay IN first $50 of the amount you
rgiestion even if your bill is coney.
Your Rights R You Are Waatistled 1111l Your Ctpdff Card Pxvhases
If you are dissatisfied with the goods or services that you have purdhased with your credit card, aril
you have hied in good lab bo comes the problem with the morrufiant, you may have Ina tight not to
pay the straining amount due on the purchase.
To use this right, all of the following must be ow:
1. The purchase must have been made in your home s.ade or within 100 miles of your current
mailing address, and the purchase price must have been more than $50. (Note: Nkther of time
are necessary d your purchase was based on an advotisemerri we mailed to rout or if we own the
company that sold you the goods or services.)
2. You must hue used your credit card for the purchase. Purchases made with cash advances from
an ATM or with a check that accesses your aedt card amount do not qualify.
3. You must not yet have fully paid for the purchase.
If all of the critaia above are curet and you are still dissafissfied with the purchase, contact us in writing
at Cue address for billing lnquirdes and correspondence shmm on the front of your 5talernenL
Wilde we invtrsrti ga , the same rules 40 to the disputed amount as discussed above, After we finish
our investigation, we will tell you our decision. AI that point; if tiTo think you as an a noun and you
do not pay. we may reportyoo; as dell nqucad.
KEY CREDIT TERMS - NO INTEREST IF PAID IM FALL WITHIN 6 MOMETHS*. $299 minimum purchase required. Minimum paYneaft required. hderest will be charged to your
account from the purchase date It the perehass balance (inctading premiums for optional credit insurance) is not paid in lull within tt months or HYou make a late aaymem-
`Witin credit approval for qualifying purchases made on The Hone Depot or EXPO Design Center i onsumer Credit Card, 17.-w-% - 26.96% APR. M111mum interest charge: $2. See card agreement
far
details lnduding APR applicable to you. Offer is only valid for consumer accounts and Is subject to change without notice.
Important Payment Instructions.
Right to Prepay Your Account. You rt pay all or part of your account balance at any time.
However, you mist pay, by the payment due date, at least the minimum payment due.
txodW erg Payments. if we receive your mailed p ent In proper form at our processing fadiity by
5 p.m la dl time there, it alit be erected as of that A payme<rf received there in proper form after
that tine wi II be credited as of the mart day, Allow 5 to 7 days for payments by regular trail to reach
us. There may be a delay of up to 5 days in crocking a payment we receive that is not in proper form
or is not sera to the correct address. The correct address for regular mail is the address on the front of
the payment coupon. The correct aui;kes.s for coul der or express nail is the Express 'Paymerrts Address
shown below.
Proper Form. For a payment sent by mail or coutier to be in proper form, you must:
• Encino a valid check or money order made payable b name depot Credit Services, Na cash,
gift cards; or foreign currency please.
Inckrde your nacre and aoGov, number on the front of your check or money order.
If you seed an eligible check with this payment can so, you authorise us to complete
yore payment by electronic debit. H we do, the eheeN g account will be debited in the
amount on the Stuck. We may eke this as nose as the car we racoive the Oak. Also,
the check will he destroyed.
Copy Fee. We charge $5 for each copy of a billing statement that dales back 3 months or more. We
add the W to a balance of our choosing. We reserve the right to add this fee to balances subw to a
higher annual percentage rate. We waive the iee If your request for the copy relates to a billing error or
disputed purcham
Payment Options Other Than Regular Mail.
•Outin$ Paymards. 4mft m !anf?epolaet?cmt.cam and sign up for free online paymerds.
Enroiimerd may take a few days. g 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 basins days.
n we receive your requiestto make an online payment afterttW time, we. will credit your payment as
of the nod day and it will post wlfiin three business days. For security reasons, you may he unable
to pay your entire New Balance with your first online payment,
e Pay by Phone Service. You may use this service any Who to makD a payment by phone, it your
account is eligible. You will be charged $14.95 to use this service if a representative of ours helps
expedite your payment. Carl by 5 pm. Eastern time to have your payment credited as of that day and
posted wftfrfn three business days. If you all altar that time, your payment will be credited as of the
read day and posted within three business days. Mee may process your payment electronically after
we verify your identity.
• Express Payments. You can send payment by courier ar express mail to Cite Express Paymuts
Address. This address is: Customer Service Center, Attention: Payment Mail Gpening, 15M
Boltonfleld Sk, Columbus, OH 43228. Payment must be received in proper form at the proper
address by 5 p.m. Eastern time to be credited as of that day. All payments received in proper format
the proper address after that time will be credited as of the next day.
• In-Stare Payments. For your added convenlertce. payments can be made at The Home DepoM
stores, with no service fee. Any paynient in proper form accepted in-store will be cradled as of that
day. However, credit availability may be subject to verilicanon or funds.
T01 64 1-91 96.04r10-D002-EkD-M01/6595-11&P-B-0-5-6-0-t4OPLAY-WI2/11-H14n-Je,nuaty 12, 2412-0 N-
HWEX UEC11
Page 2 of 6
Account: **** **** **** 9337
TRANSACTIONS
Frans Date Description
Reference # Amount
FEES
02M LATE FEE $ 35.00
TOTAL FEES FOR THIS PERIOD
35.00
INTEREST CHARGED
o211o INTEREST CHARGE ON PURCHASES $ 64 07
TOTAL INTEREST FOR THIS PERIOD
4 qq .. .. .. y ... V
P
_
' id.,;:: ?'. r?56.1
Total Fees Charged in 2012 $70.00
Total Interest Charged in 2012 $130,77
64.07
INTEREST CHARGE CALCULATION Your ... :?.?.. -, _
Annual , ercentage, ate PRA he annual Interest rate on your .y account.
R -N if
PURCHASES
Revolving Balance 22.W/0 M $2,432.62 4.43
MAJOR PURCHASE PLAN 15.48% M $1,597.63 19.64
Page 3 of 6
Account: '*** **** **** 9337
Page 4 of 6
REV. 07/2011
WHAT DOES CITIBANK DO WITH
YOUR PERSONAL INFORMATION?
Financial companies choose how they share your personal information. Federal
law gives consumers the right to limit some but not all sharing. Federal law also
requires us to tell you how we collect, share, and protect your personal
information. Please read this notice carefully to understand what we do.
...... ........ ............ ...... The types of personal information we collect and share depend on the product
or service you have with us. This information can include;
¦ Social Security number and income
¦ account balances and employment information
¦ credit history and transaction history
All financial companies need to share customers' personal information to run
their everyday business. In the section below, we list the reasons financial
companies can share their customers' personal information; the reasons Citibank
chooses to share; and whether you can. limit this sharing.
For our everyday business purposes -
such as to process your transactions, maintain your Yes No
account(s), respond to court orders and legal
investigations, or report to credit bureaus
For our marketing purposes - Yes No
to offer our products and services to you
For joint marketing with other flnancial
Yes
No
companies
For our affiliates' everyday business
purposes Yes No
information about your transactions and
experiences
For our affiliates' everyday business
purposes - Yes Yes
information about your creditworthiness
For our affiliates to market to you
:..........._ .. ...................................................................._......:...... Yes
... . yes
..
For our nonaffiliates to market to you Yes .........
Yes
Call 1-877-491-0607 - our menu will prompt you through your choice(s).
Please note:
If you are a newcustomer, we can begin sharing your information 30 days
from the date we sent this notice. When you are no longer our customer,
we continue to share your information as described in this notice.
However, you can contact us any time to limit our sharing.
.............................................................................
n Call 1-877-491-0607 or call the Customer Service number on the back of
your credit card or on your billing statement.
Page 5 of 6
How does Citibank io protect your personal mrorrnation from unauthorized access and use,
protect my personal ` we use security measures to comply with federal law. These measures
information? include computer safeguards and secured files and buildings.
How does Citibank We collect your personal information, for example, when you
collect my personal
Information? ¦ provide account information or give us your contact information
¦ provide employment information or apply for a loan
i ¦ use your credit or debit card
'. We also collect your personal information from others, such as credit
! bureaus, affiliates, or other companies.
Why can't 1 limit all Federal law gives you the right to limit only
sharing?
¦ sharing for affiliates' everyday business purposes - information
about your creditworthiness
¦ affiliates from using your information to market to you
¦ sharing for nonaffiliates to market to you.
State laws and individual companies may give you additional rights to
limit sharing. See below for more on your rights under state law.
Affiliates ; Companies related by common ownership or control. They can be
financial and nonfinancial companies.
¦ Our affiliates include companies with a Citi name, financial
companies such as CitiMortgage, Inc., Citi Global Markets, Inc.
and Banamex USA.
Nonaffiliates i Companies not related by common ownership or control. They can be
financial and nonfinancial companies.
¦ Nonaftlfiates we share with can include companies engaged in direct
marketing and the selling of consumer products and services.
Joint marketing A formal agreement between nonaffiliated financial companies that
together market financial products and services to you.
----------------------------------------------------------------------
For Vermont Residents: We will not share information we collect about you with nonaffiliated third
parties, except as permitted by Vermont law, such as to process your transactions or to maintain your
account. In addition, we will not share information about your creditworthiness with our affiliates
except with your authorization.
For California Residents: We will not share information we collect about you with nonaffiliated third
parties, except as permitted by California law, such as to process your transactions or to maintain your
account.
We may share your personal information, as permitted by law, with the retailer whose name is on your
card and with the companies related to the retailer. You cannot limit this sharing.
Important Information about Credit Reporting !
We may report information about your account to credit bureaus. Late payments, missed payments or
other defaults on your account may be reflected in your credit report.
Page 6 of 6
Who is providing this E You are receiving this notice from the retail partner cards group of
notice? ; Citibank, N.A., the bank that issues your credit card.
. . 0
Verification Kkwh 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-58088
Hope R Parks
Account number ending 9337
1025
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ?H-UJT+?+ r
Sheriff ' T , II_ H0,
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
OFF iCE ^F THE S-ERIFF
?111 AUG -7 AM 9: 01
UMBEPCI_,ANU C UN.,. Y
PENNSYLVANIA
Citibank NA
vs. Case Number
Hope R. Parks 2012-4648
SHERIFF'S RETURN OF SERVICE
07/30/2012 11:06 AM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on Jul
30, 2012 at 1106 hours, he served a true copy of the within Complaint and Notice, upon the within na ed
defendant, to wit: Hope R. Parks, by making known unto herself personally, at 406 Mohawk Road,
Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her
personally the said true and correct copy of the same. `J
SHERIFF COST: $40.00
August 01, 2012
!c1 CountySuite Sheriff, "feleoSoft. Inc.
SO ANSWERS,
G?'?= to
R ANDERSON, SHERIFF