HomeMy WebLinkAbout12-65610 c.
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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
IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
THOMAS R WAGNER JR NO. / 02 - ??b er ui 1... ' E/ - `.
150 Rustic Dr
Shippensburg PA 17257-9462
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 p
Cumberland County Bar Assoc.
32 South Bedford Street /
Carlisle, PA 17013
Telephone No. 717-249-3166 or 800-990-9108 CK-? ??L ya l
aga?
C-59057 / 304 R-tfi-
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.
701 East 60th Street N
Sioux Falls, SD 57117
Plaintiff
V.
THOMAS R WAGNER JR
150 Rustic Dr
Shippensburg PA 172579462
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 Thomas R WAGNER JR who resides 150 Rustic Dr, Shippensburg,
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 0290.
5. Citibank (South Dakota), N.A. merged into Citibank, N.A. in or about July-201 1.
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 $3,943.52 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 $3,943.52, and
the costs of this action.
Burton Neil' Associates, P.C.
Bey: Tre on A. F er, Esquire
By: Brit J. Suttell, Esquire
In making this communication, we advise Burton Neil & Associates, P.C. is a debt collector.
C-59057 / 205
Account Statement
Q Customer Service:
myhomedepotaccount.com
® Account Inquiries:
1-866-458-7683
Send Notice of Billing Errors and Customer Service Inquiries to:
HOME DEPOT CREDIT SERVICES
PO Box 790328, St Louis MO 63179
Account lt(timber: 0290
,
Summary of Account Activity
Previous Balance $3,884.80
Payments _ -$0.00
Other Credits _ -$0.00
Purchases +$0.00
Fees Charged +$35.00
Interest Charged +$23.72
New Balance
Past Due Amount $3,943.52
$322.86
Credit Limit _ $0.00
Available Credit $0.00
Statement Closing Date 07/26/2012
Next Statement Closing Date 08/26/2012
Days in Billing Cycle 31
Pa ment Information
New Balance $3,943.52
Minimum Payment Due $421.01
Payment Due Date August 22, 2012
Late Payment Warning: If we do not receive your rninimum 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:
If you would like information about credit counseling services, call 1-877-337-8188.
Your minimum payment due is $421.01. To avoid interest charges on your non-promotional (revolving) balance and any expiring promotions, pay $1,390.07 by August 22,
2012. If you pay your non-promotional balance in full every month, no additional billed interest charges will apply. Interest accrues daily from your statement closing date until
we receive your payment, so please check your next statement for any additional interest you may have incurred.
You must pay your promotional balance of $387.82 in full by 09/22/12 to avoid paying deferred interest charges.
You must pay your promotional balance of $1,324.28 in full by 09/22/12 to avoid paying deferred interest charges.
You must pay your promotional balance of $398.23 in full by 04/22/13 to avoid paying deferred interest charges.
You must pay your promotional balance of $105.97 in full by 04/22/13 to avoid paying deferred interest charges.
You must pay your promotional balance of $31.78 in full by 04/22/13 to avoid paying deferred interest charges.
r
Need help 1, Call us and we'll show you the way.
finding It's important
We understand that unforeseen things can happen and sometimes it can be hard to follow through on your ? that you call
SOIUt10nS t0 1-$66-518-7151
g bill payments. But a past due bid can really impact your future financial outlook, We want you to know that
your past there may be payment solutions you aren't aware of that can help bring your account current. We'll work
7 with you, listen to Yo ur concerns and Identify a PaYmeat solution that may fit our we can help.
due account. your personal situation. g
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION Page 1 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. T
U,
tPast Due Amount is included in the Minimum Pavment Due
Your A€coun! Number, Payment Due Date New Balance Past Due Amountt Minimum Payment Due Amount Enclosed
0290 AUGUST 22, 2012 $3,943.52 $322.86 $421.01 $
9290039435200025000042101105 . EXHIBIT?
Make Checks Payable to.
HOME DEPOT CREDIT SERVICES
PO BOX 182676
THOMAS R WAGNER JR COLUMBUS, OH 43218-2676
150 RUSTIC DR
SHIPPENSBURG, PA 17257-9462
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Only the minimum payment 17 years $10
,005
$156 3 years $5,622
(Savings=$4, 383)
Print address changes above in blue or black ink.
Information About Your Account.
How to Avoid Paying interest on Purchases. Your payment clue date is at least 25 days after the
close of each billing cycle. We will not charge yFou 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 or 0% APR promotion and that promotion does not
expire before the payment due date, that balance (the "excluded balance") is excluded from the
amount you must pay in full to get a grace period. However, you must still pay any separately reeqqui red
payment on the excluded balance. In billing cycles in which payments are allocated to drferred
interest balances first, the deferred interest balance will be reduced before any other balance on the
account. However, yoo will continue to get a grace period on purchases so long as you pay the New
Balance less any excluded balances in full by the payment due date each billing cycle. We may refer
to deferred interest promotions as No interest promotions.
In additian, 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 laterest Charge Calculation sec5on on the front c€f the
statement indicates the method we use to calculate interest charges. For Methods C, H and M, we use
a daily balarrce 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 r, 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
Customer Service number on the front.
Credit Reporting Disputes. If you think we reported inaccurate information to acredit bureau write
us at the Customer Service address shown on the front.
WhBf Will Happen Afkr We Receive Your Letter
When we receive your letter, We must do two things:
1. Within 30 davs of receiving your fetter, we must tell you that we received your letter. We wil I also
tell you it we have already corrected the error.
2. Within 90 days of receiving your letter. we must either ccrrect the error or explain to you why we
believe the bill is correct.
While we investigate whether or not there has been an error.
• We cannot try to collect the amount in question, or report you as delinquent an that amount.
• The charge in question may remain on your statement, and we may continue to charge you interest
on 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.
After we finish our investigation, one of two things will happen:
• It ire rrede a mistake: You will not have to pay the amount n question or any interest or other fees
related to that amount
• if *v do not 6efieve there coos a mistake: You will have to pay the amount in question, along with
applicable interest and fees. Wa will send you a statement of the amount you owe and the dale
payment is due. We may then report you as delinquent if you do not pay the amount we think you owe.
If you receive our explanation but still believe your bill is wrong, you must write to us within 10 days
telling us that you still refuse to pay. If you do so, we cannot report you as delinquent without also
reporting that you are questioning your bill. `Ne must tell you the name of anyone to whom we reported
you as delinquent, and we must Ict those organizations know when the matter has been selded
t ween us.
If we do not follow all of the rules above, you do not have to pay the first $50 of the amount you
question even if your bill is correct.
Report a Lost or Stolen Card Immediately. Call the Account Inquiries number shown on YoorRights It You Are Dissatisijed With Your Credit CardPurshases
the front If o - d" of f! d ith th d
Whet To Do ff You Find A Mistake On Your St rLement
if you think there is an error on your statement, write to us at the address for biihrxl inquiries and
correspondence shown on the front of your statement
In your letter, give rs the following information-
• Account intormalioa: Your name and account number.
• Doftar amount The dot lar amount of the suspected error.
• Descrintlon of prod eem, If you think there is an error on your bill, describe what you believe is wrong
and wiry you believe it is a mistake.
You must contact us:
• Within 60 days after the error appeared on your statement.
• At least 3 business days before an automated payment is scheduled, if you want to stop payment on
the amount you think is wrong.
You must notify us of any potential errors io n7)f , You may call Us, but it you do we are not required
to investigate any potential errors and you may have to pay the amount i n question.
Y u a e rss €s ie w e goo s or services that you have purehasd with your audit card, and
you have tried in good faith to correcl the problem with the merchant, you may have the right lot to
pay the remaining amount dire on the purchase.
To use this right, all of the following must be true:
1. The purchase must have been made in your home stale or within too miles of your current
mailing address, and the ppurchase price must have been more than M. (Note: Neither of these
are. necessary if your purchase was based on an advertisement we mailed to you, or it we own tIe,
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 acc.,sses your credit card amourant 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, confect us in writing
at the address for billing inquiries and correspondence shown on the front of your statement.
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 GREDIT TERMS - NO INTEREST IF PAID IN FULL WITHIN & MONTHS'. $299 minimum purchase required. Minimum payments required. Interest will be charged to your
account from the purchase date It the purchase balance (including premiums for optlonal credit Insurance) is not paid in full within 5 months or if you make a late navment.
'With credit approval for qualifying purchases made on The Home Depot or EXPO Design Center Consumer Credit Card, 17.99% - 26.990/. 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.
lmpoitant Payment Instructions.
Right to Prepay Your Account. You may pay all or pars of Your account balance at any time.
However, you must pay, by the payment due cafe, at least the minimum payment dire.
Crediting Payments. If we receive your mailed to omen in proper form aim processing facility by
5 p.m. local time there, it will be credited as of thatzj. A payment received therein 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 mail is the address on the front of
the payment coupon. The correct address for courier or express mail is the Express Payments Address
shown below.
Proper Farm. For a payment sent try mail or courier to be in proper form, you rirust:
• Enclose a valid check or money order made payable to Home Depot Credit Services. No cash,
gift clads or foreign currency please.
• Include your name and account number on the front of your check or money order.
If you send an eligible check with this payment coupon, you authorize us to complete
your payment by electronic debit. If we do, the checking account will be debited in the
amount an the check. We may do this as seen as the day we receive the check. Also,
the check will be destroyed.
Copy Fee. We charge $5 for each copy of a billing statement 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 balancers 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 Mar Than Regular Bail.
.(Intl., Payments. Visit myharredepotaccovcfeom 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 coedit your payment as of that day and it will post within three business days.
It we receive your request to make an online payment after that time, we will credit your payment as
of the next day and it will post within three business days. For security reasons, you may be unable
to pay your entire New Balance with your first online payment.
+AutoPey Service. It you are enrolled in this service, your payment amount will be deducted
automatically each month on your due date from the bank account you select.
• 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 service 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 call after that time, your payment will be credited as of lice
next day and posted within three business days. We may process your payment electronically after
we verr your hdenfity.
• Express Payments. You can send payment by courier or express mail to the Express Payments
Address. This address is: Custom r Service Ceniw, Attention: Payment Mail Opening, 1500
Bollonfield St, Columbus, OH 43728. Payment must be received in proper form at the proper
address by 5 pm- Eastern time to he 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 Dal
stores, with no service fee. Any payment in proper form accepted in-store will be credited as of that
day. However, credit availability may be subject to verification of finds.
T02354-9196-0400-0002-E-0-D-09,101/07-28-000-P-e-0-4-5-0-NOPLAY-ZS-06122/12-H45B-June 25,2012-0-0 14- F-0
HO/EXJUL12 +
Page 2 of 4
Account: **?* k*** **** 0290
You must pay your promotional balance of $112.91 in full by 04/22/13 to avoid paying deferred interest charges.
You must pay your promotional balance of $210.94 in full by 04/22/13 to avoid paying deferred interest charges.
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 myhomedepotaccount com, or go to your local The Home ')epot store.
TRANSACTIONS
Trans Date Description
Reference # Amount
FEES
07/22 LATE FEE $ 35.00
TOTAL FEES FOR THIS PERIOD $ 35.00
INTEREST CHARGED
07/26 INTEREST CHARGE ON PURCHASES s 23.72
TOTAL INTEREST FORTH IS PERIOD
2012-Tutals,Y,6at- -fa Date -
Total Fees Charged in 2012 $130.00
Total Interest Charged in 2012 $138.19
23.72
PROMOTIONS Original
Trans
Amount
Trans
Date Previous Payments
Promotion and
Balance Credits Billed New
Interest Promotion
Charges Balance Promo
Monthly
Payment Deferred
Interest
Charges
Expiration
Date
NO INT FOR 61VIOS-PMT REQ $387.82 03/08/12 $387.82 $387.82 _ $32.75 09/22/12
NO INT FOR 6MOS-PMT REQ $1,324.28 03/11/12 $1,324.28 $1,324.28 _ $109.37 09/22/12
NO INT FOR 12MOS-PMT REQ $398.23 03/30/12 $398.23 $398.23 $28.21 04/22/13
-NO INT 12 MOS - PMT REQ $105.97 04102/12 $105.97 $105.97 $4.24 $7.31 04/22/13
-NO INT 12 MOS - PMT REQ $31.78 04/02/12 $31.78 $31.78 $1.28 $2.20 04/22/13
-NO INT 12 MOS - PMT REQ $112.91 04/02/12 $112.91 $112.91 $4.52 $7.77 04/22/13
-NO INT 12 MOS - PMT REQ $210.94 04/03/12 $210.94 $210.94 $8.44 $14.43 04/22/13
INTEREST CHARGE CALCULATION
T 'bf8a1'ahee Your Annual Percentage Rate (APR) is the annual interest rate on your account.
Annual PexeextXaq?.Rate:(11PR `f3aJance°:Su fect 1o tntgrest-Rate ititeres# #iar
PURCHASES
Revolving Balance 21.00% M $1,329.91 $23.72
NO INT FOR 6MOS-PMT REQ 21.00% M
-
NO INT FOR 6MOS-PMT REQ _
21.00% (M)
NO INT FOR 12MOS-PMT REQ _
21.00% (M)
-NO INT 12 MOS - PMT REQ _
21.00% (M)
-NO INT 12 MOS - PMT REQ _
21.00% (M)
=NO INT 12 MOS - PMT REQ 21.00% (M)
NO INT 12 MOS - PMT REQ 21.00% (M)
Page 3 of 4
Account: **** *** **** 0290
Page 4 of 4
Verification
I, 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 Jul), 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.
Signature
C-59057
Thomas R WAGNER JR
Account number ending 0290
1025
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
1~7 ml: ri:, .
~~,
7?~~7~1?~Q~' "'~ A~9 If~~ (gib
., ~ i'3 I
Citibank NA
vs.
Thomas R. Wagner.. ,Jr.
Case Number
2012-6561
SHERIFF'S RETURN OF SERVICE
10/25/2012 10:53 AN+~ -Deputy William Cline, being duly sworn according to law, served the requested Complaint &
Notice by "personally" handing a true copy to a person representing themselves t be the Defendant, to
wit: Thon-~as R. Wagner, Jr. at 150 Rustic Drive, Southampton Township, Sl~r~ppe sburg, PA 17257.
-~
f, ,°'.,
WILLIA LIN ,DEPUTY
SHERIFF COST: $48.00
November 01 2012
SO ANSWERS,
~,
~~-------y-
RONNY RANDERSON, SHERIFF