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Home My WebLink About05-3049 ~ BURTON NEIL & ASSOCIATES, P.c. By: Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK SOUTH DAKOTA NA 701 East 60th Street North, Sioux Falls, SD Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. D~ - ],C)l{Y' C!1'u~[~8L~ PENNY S BRAMMER 68 Silver Crown Drive, Mechanicsburg P A 17050 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 MAYBE 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, PAl 70 13 Telephone No. 717-249-3166 or 800-990-9108 C-5807 BURTON NEIL & ASSOCIATES, P.c. By:Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITlBANK SOUTH DAKOTA NA 70 I East 60th Street North, Sioux Falls, SD Plaintiff : IN THE COURT OF COMMON PLEAS v. CUMBERLAND COUNTY, PENNSYLVANIA NO. Df; - 30l{cr C;v:L~~ PENNY S BRAMMER 68 Silver Crown Drive, Mechanicshurg PA 17050 Defendant : CIVIL ACTION - LAW Complaint 1. The plaintiff is CITIBANK SOUTH DAKOTA NA, with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. The defendant is Penny S Brammer, who resides at 68 Silver Crown Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff, a national banking association, engages in various types of banking business including consumer lending through the issuance of credit cards. 4. Plaintiff furnished consumer credit to the defendant by means of a credit card with account number 5424180436740267 hereinafter referred to as the credit card account. 5. Plaintiff maintained an accurate and running record of all debits and credits to the credit card account in its books of account. 6. Plaintiff mailed defendant a written statement each month which accurately stated the debits and credits to the credit card account for the prior billing period. 7. Defendant received the monthly statements from plaintiff for the credit card account including the statement attached hereto as Exhibit A statement without protest, dispute or objection. 8. Defendant in not protesting, disputing or objecting to the statements including the Exhibit A statement thereby assented and agreed to the correctness of the balance due on the credit card account so as to constitute an account stated. 9. The amount due plaintiff on the account stated, less credits, if any issued subsequent to the Exhibit A statement, is $20,828.52. Wherefore, plaintiff demands judgment against defendant for the sum of $20,828.52, and the costs of this action. BURTONN,j & ASSOCIATES, P.C. L-:.>( Burton Neil, Esquir Attorney for Plaint' f By: The law firm of Burton Neil & Associates, P.C. is a debt collector. -.' 02/25/05 f?:~*~~~@!~~i~i~r $20828.52 tiig:~}:: $9999.99 ~~~j~~~}mf~~~~ji~~ SITE: KC-CL TM:CO-5000 04/19/05 CITI CARDS P.O. BOX 8102 S HACKENSACK, NJ 07606-8102 PENNY S BRAMMER 68 SILVER CROWN DR MECHANICSBURG 17050-1638000 PA Citi" Platinum Select" Card dir Account Number 5424 1804 3674 0267 Customer Service: 1-800-950-5114 BOX 6500 SIOUX FALLS, SD 57117 Sale Dat. Post Date ftelMance Number 2/02 2/02 2/02 Tot., Credit Line $17900 Statem.ntt CIOlllnI,J Oata 02/02/200S AlIallab\f: Credit Line c"sn Ad'V~nce Umlt $0 $4000 Amount O.."r Cr.dlt Lln. Past Du. $2928.52. $2760.47 Activit., Slnc. lot statement Standard Purch LATE FEE - JAN PAYMENT PAST DUE 66 0000 OVER CREOIT LIMIT FEE 62 0000 PURCHASES*FINANCE CHARGE*PERIOOIC RATE 84 0000 A..,allilble Cash LImit $0 Purct\/Aclv MInimum DlIlt $481. 51 New Bill.nu $20B28.52 Minimum Amount Du. $20828.52 Amount 3S.00 0000000000 35.00 0000000000 476.S1 0000000000 Help is available! Please call the toll-free number shown above to learn about our special payment options. Call Monday ~ friday, 7 am to 9 pm. or Saturday, 8 am to 5 pm. Central Time. Please give us the opportunity to assist you. Account Summary PURCHASES AOVANCES TOTAL Rate Summary PURCHASES Standard Purch \OVANCE5 Standard Adv PrevIOus (+) Purchases (-) Payments (+) FINANCE {=) New Balance & Advances & Crodits CHARGE Balance $20.282.01 $70.00 10.00 $476.51 $20.828.52 $0.00 $0.00 0.00 $0.00 $0.00 $20.282.01 $70.00 0.00 $476.51 $20.828.52 Balance Subject to Finance Charge Days This BillIng Period: 29 Nominal ANNUAL APR PERCENTAGE RATE Pen odIC R!te $20.511.13 $0.00 0.08011%(D) 0.08011%(0) 29.240% 29.240% 29.240% 29.240% EXHIBIT ACID:KC85352 20:53:01: G . Verification I, Jaime Payne am an employee of Citicorp Credit Services, Inc., (USA) which is by contract the service provider for plaintiff CITIBANK SOUTH DAKOTA N.A. retained to perform services including but not primarily limited to collecting delinquent debt. I am authorized to make this verification as attorney-in-fact for plaintiff under powers of attorney from plaintiff to Citicorp Credit Services, Inc. (USA) and to me. The foregoing averments of fact in the within pleading are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to the authorities. Date: 5{'?J12! OS ~ ~(f~ SIgn re Jaime Payne Penny S Brammer 5424180436740267 C-5807 ~f"''\'\J'''' ,~ ..., Q. = .u:J. . ~ = \.3 c; cf' ~:n AJ U( '- f'\;t, .. <;:::: n1 t: ;r.:.: rc " ~ -o~ - -r')', w ,-) ~",;C. lf1 -0 i~~ - ';) -'.... ~ B ~ S-?, ,r;:- " V( ':.!~ VI ::2 -~ F- 0 ."", ~ () ~ ------ - Penny Brammer 68 Silver Crown Drive Mechanicsburg P A 17050 "Defendant in Pro Per" July 7,2005 Court of Common Pleas State of Pennsylvania, Cumberland County Case No 05-3049 Civil Team Citibank South Dakota NA Plaintiff VS Penny Brammer Defendant Penny Brammer (Defendant) hereby answers the complaint ofCitibank (Plaintiff) for it's self-alone as follows and generally denies the allegations of the complaint based on lack of information and belief: It is true that I held a Citibank Credit card. I also know that I owe a debt to the creditor at this time. I have never denied the debt. However, I was issued this card at a much lower interest rate and as time went on the interest rate and the credit limit rose significantly. With the increase in the interest rate the balance grew even more quickly and I found it hard to make the payments on time which resulted in high late fees and that took the account over the limit which then tacked on over the limit f(~es, which caused the balance to rise even more. In March of 2004 I lost one of my jobs that I had taken to hep up with my bills. I have a child getting ready to start her last year of college and I hav(~ tried to put her through alone. I have tried to keep things up but with the loss of the income I had a hard time with the bills. I got phone calls at least three time a week and sometimes multiple times a day from the creditor at which time I requested that they work with me to lower the interest rate and relieve some of the late fees and over the limit fees. They refused to work with me. I realize that I overextended myself with credit. At the time it was the only way I could afford to keep my child in school and food and dothes for her. I have not yet found another job that will work around my first job. I have very odd hours and work some weekends and evenings. I have tried to do odd jobs to bring in extra funds but the payments and the balances just kept getting higher, even after I closed the accounts, with the over the limit fees and late fees the accounts were growing faster than I could handle. In September of 2004 I tired to work with the creditor once again to no avail and knowing I was not able to get things in line myself. I consullted a couple of friends for advice and they recommended bankruptcy. I do not wish to walk out on my debts just be given the courtesy of working through them reasonably. I found myself sick with worry as to how I would ever see daylight at the end of this tunneL I decided to work with a credit counseling service and secured the services of Economic Recovery Services in September 2004. They have worked with me to help reduce other debt and get things paid off. Citibank being the largest of my debts will take a little longer for me. I am really trying to work with the service to get these debts resollved. I am asking that the court not allow the Plaintiff (Citibank) to receive a judgment at this time and that I the Defendant not be held responsible for the legal cost of this litigation. I will continue to work hard to get this debt resolved. I have never had this problem before and am terribly embarrassed that it has come to this. Sincerely, ij~ Penny Brammer Defendant Per Pro -O{i: C)(,' ~~,\: ~i~ ::2 o s:=-: r-' "'" 15'> 'c:: ..- I cO q. ~..,., rnf;:; 4."')rn ...0 (1()- -:;. :-:~ 1... " <.-_:~(~ ~;)rn ';::.t -'1:-' ~ --<J :> r;-? <J1 '-'l '::. '" N' '&. t, 'S C:r"~ %o'&,<g.'i, _"'!!. ~~~r:~ ~g ..fiO"'.....- <5~ ~..a .~., '" ~ a a a a } - ~ -: - - ...:: :::::. - - - -: .- -: - -: ~ Q) '" ~ o -€ '" a ~E<.)Q) ,&(\)~~('"l a~ ~ 6-& E",,8"'l- E'~ -o?J,.... o<.)c~<! <.)~~oo. "5oQ)-€~ "'C.C'7~~:e ~l.O...8(\) 8~6""<.) ,.,. "" a- a- $ o ..... ... (tc!. 00- (t%~ W""'O? ~~Cll ~<.)(/) (t (t 'J CllUl2, ,.,3j;. %-" z(/)'itl wCO"" o-"'~ , ~ - - -: ..:;. t~\ o e. tJ I!' t1' , .,' CJ t'1 t'1 .~.. t'l .,~ {"I ,.... ..~ BURTON NEIL & ASSOCIATES, P.C. By Burton Neil, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, P A ] 9380 610-696-2120 Attorney for Plaintiff CITIBANK SOUTH DAKOTA N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-3049 PENNY S BRAMMER Defendant : CIVIL ACTION - LAW PRAECIPE TO SETTLE, END & DISCONTINUE TO THE PROTHONOTARY: Mark the above matter Settled, Ended and Discontinued. BURTON NEIL & ASSOCIATES, P.c. --) I) -'-_.~_, - '- I Burton Neil, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-5807 111111111111111I1111111111I1111111111111 1111111111111111111111111111111111111111111111111111111111111111111111111111111111111 C) -'1'1 C,J j'" (~l C