Loading...
HomeMy WebLinkAbout05-5992BURTON 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 N.A. : IN THE COURT OF COMMON PLEAS 701 East 60th Street North, Sioux Falls, SD Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. nn ??LY? NO. (?2)S - StI4? l?tv ?? f GAIL G GREGG 320 North College Street, Carlisle PA 17013-1843 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-8140 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 N.A. 70 t East 60th Street North, Sioux Falls, SD Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. GAIL G GREGG 320 North College Street, Carlisle PA 17013-1843 Defendant NO. 5 - .ST4 92 CIVIL ACTION - LAW Complaint 1. The plaintiff is CITIBANK SOUTH DAKOTA N.A., with place of business located at 701 East 60th Street North, Sioux Falls, South Dakota. 2. The defendant is Gail G Gregg, who resides at 320 North College Street, Carlisle, 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 5424180251571888 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 $5,959.37. Wherefore, plaintiff demands judgment against defendant for the sum of $5,959.37, and the costs of this action. BURTON NEM & ASSOCIATES, P.C. r` By. Burton Neil, Esqu re Attorney for Plain,iff The law firm of Burton Neil & Associates, P.C. is a debt collector. I 08/05/05 $5959.37 $5959.37 SITE:KC-CL TM:CO-5000 ACID:KCB7150 .___....._. ......._..._....-- " " -.-......::._ ..-- 10/12/05 21:05:54: Ksss€$a? :>37:>i:$f i. a?e€«_ :'reiA<,asi:`ssait' CITI CARDS PO BOX 183056 GAIL G GREGG COLUMBUS, OH 320 N COLLEGE ST CARLISLE PA 43218-3056 (, ?' / U 4 1 17013-1843000 11J Cities Platinum Selects Card Account Number 5424 1802 5157 1888 Customer Service: 1-800-950-5114 Total Credit Line Available Credit Line Cash Advance Limit Available Cash Limit $5480 $0 $5480 $0 BOX 6500 statement/ Amount Over Purch/Adv SIOUX FALLS. SD [losing Date Credit Lines Past Due Ml nlmum Duo 57117 07j11/2005 $479.37 + $666.45 $197.92 Standard Porch 7/11 LATE FEE - JUN PAYMENT PAST DUE 66 0000 7/11 OVER CREDIT LIMIT FEE 62 0000 7/11 PURCHASES*FINANCE CHARGE•PERIODIC RATE 84 0000 Your late fee was based on your account balance as of the payment due date (07/05/05), which was $5,731.45. Help is available! Please call the tall-free number shown above to learn about our special payment options. Call Mond - Friday, 7 am to 9 pm, or, Saturday, 8 am to 5 pm, Central Time. Please gtve us the opportunity to assist you. Cltim New Balance $5959.37 39.00 0000000000 35.00 0000000000 153.92 0000000000 Account Summary Previous Balance (+) Purchases &Advances (-) Payments &Credits (+) FINANCE CHARGE =) New Balance PURCHASES $5,731.45 $74.00 0.00 $153.92 $5,959.37 ADVANCES $0.00 $0.00 0.00 $0.00 $0.00 TOTAL $5,731.45 $74.00 0.00 $153.92 $5,959.37 Rate Summary tandard Porch $5,805.67 0.08285%(D) 30.240% 30.240% VANCES tandard Adv $0.00 0.08285%(D) 30.240% 30.240% C H 184Tr Verification I Courtney Gilbert 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 authorjUW., C6 Signature: Date: ? ra (v 7 l V ?f: .f; i L. D / IN THE COMMON PLEAS COURT OF THE STATE OF PENNSYLVANIA IN AND FOR CUMBERLAND COUNTY CITIBANK SOUTH DAKOTA N.A. V. Case Number: 05-5992 Civil Term GAIL GREGG ANSWER OF DEFENDANT Defendant Gail Gregg answers the Complaint of Citibank South Dakota N.A. as follows: 1. The Defendant lacks sufficient information to either admit or deny the allegations of Paragraph 1 of the Complaint. 2. The Defendant admits the allegations of Paragraph 2 of the Complaint. 1 The Defendant lacks sufficient information to either admit or deny the allegations of Paragraph 3 of the Complaint. 4. The Defendant admits the allegations of Paragraph 4 of the Complaint. 5. The Defendant denies the allegations of Paragraph 5 of the Complaint. She disputes the balance due and demands strict proof thereof. 6. The Defendant denies the allegations of Paragraph 6 of the Complaint. The statements were not accurate because the balance due is not correct. 7. The Defendant admits in part and denies in part the allegations of Paragraph 7 of the Complaint. Although she did not previously object she now denies the balance due and demands strict proof. 8. The Defendant denies the allegations of Paragraph 8 of the Complaint. She denies the balance due and demands strict proof.. 9. The Defendant denies the allegations of Paragraph 9 of the Complaint. She denies the balance due and demands strict proof. Further answering: 10. Since 2004 Defendant has been unable to pay the debt for the following reasons: Defendant and her family relied too heavily on credit for daily needs. When the introductory rates expired she was not able to keep up with the payments. This document was prepared by or with the assistance of an attorney employed by Legal Advice Line, LLC, 888-367-5252. 11. Defendant has repeatedly offered to restructure payments on the debt which Defendant can afford but the Plaintiff has failed or refused to accept such payments. 12. Defendant is willing to make payment arrangements with the Plaintiff. This document was prepared by or with the assistance of an attorney employed by Legal Advice Line, LLC, 888-367-5252. VERIFICATION The Defendant verifies that the statements made herein are true and correct based upon his knowledge, information and belief. The statements are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Gail Gregg 320 North College Stre Carlisle, Pennsylvania 17013-1843 717-243-4026 This document was prepared by or with the assistance of an attorney employed by Legal Advice Line, LLC, 888-367-5252. CERTIFICATE OF SERVICE The Defendant(s) HEREBY CERTIFY that on this 7-6day of JDE ('0)I A 20CSa copy of the foregoing pleading was mailed, first-class, postage pre-paid to: Burton, Neil & Associates, P.C., Esquire 1060 Andrew Drive, Suite 170 West Chester, Pennsylvania 19380 610-696-2120 Attorney for Plaintiff Gail Gregg This document was prepared by or with the assistance of an attorney employed by Legal Advice Line, LLC, 888-367-5252, ?' _ t5 ? ?l 1?. r-' SHERIFF'S RETURN - REGULAR CASE NO: 2005-05992 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK SOUTH DAKOTA NA VS GREGG GAIL G JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE GREGG GAIL G was served upon the DEFENDANT , at 1500:00 HOURS, on the 21st day of November , 2005 at 320 NORTH COLLEGE STREET CARLISLE, PA 17013 ANNA GREGG, ADULT IN CHARGE by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 32.80 Sworn and Subscribed to before me this ( day of o2 C67 A. D. tary Protbon So Answers: ?///may R. Thomas Kline 11/22/2005 BURTON NEIL By: .Deputy Sheriff l BURTON NEIL & ASSOCIATES, P.C. Yale D. Weinstein, Esquire ID #89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. : IN THE COURT OF COMMON PLEAS Plaintiff V. GAIL G. GREGG CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5992 CIVIL Defendant : CIVIL ACTION -LAW Motion of Plaintiff Citibank (South Dakota) N.A. for Judgment on the Pleadings Now comes plaintiff Citibank (South Dakota) N.A. by its undersigned attorneys, and moves this Honorable Court pursuant to Rule 1034 of the Pennsylvania Rules of Civil Procedure, for judgment on the pleadings and in support thereof states: 1. Plaintiff filed a complaint against defendant for the credit card account balance due it. 2. Defendant filed an answer to the complaint. The pleadings are closed. 3. Defendant's answer effectively admitted the averments of the complaint. 4. There are neither factual nor legal issues before the Court creating a need for trial. Therefore, plaintiff Citibank (South Dakota) N.A. is entitled to judgment as a matter of law. Wherefore, plaintiff Citibank (South Dakota) N.A. moves this Honorable Court for judgment on the pleadings. .TES, P.C. BY: D. Weinstein, Esquire nev for Plaintiff In making this communication, we advise our firm is a debt collector. ., BURTON NEIL & ASSOCIATES, P.C. Yale D. Weinstein, Esquire ID #89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff CITIBANK (SOUTH DAKOTA) N.A. Plaintiff V. GAIL G. GREGG Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5992 CIVIL CIVIL ACTION - LAW Certificate of Service Yale D. Weinstein, Esquire, being duly sworn according to law, deposes and says that he is attorney for plaintiff Citibank (South Dakota) N.A., that he served a true and correct copy of plaintiff s Motion for Judgment on the Pleadings, supporting Memorandum of Law, Request to Submit on Briefs and proposed Order on defendant by first class U.S. Mail, postage prepaid on the date set forth below. Dated: 6 hi making this communication, we advise our firm is a debt collector. ,W c-? o ?m f ?Tt „s> .;' Jsn N t. ti PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CITIBANK SOUTH DAKOTA N.A. Plaintiff VS. GAIL G GREGG Defendant NO. 05-5992 civil State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer to complaint, etc.): Motion for Judgment on Pleadings 2. Identify counsel who will argue case: (a) for plaintiff: Yale D. Weinstein, Esquire c/o Burton Neil & Associates, P.C. address: 1060 Andrew Drive, Suite 170, West Chester, PA 19380 b) for defendant: Gail G Gregg, Pro Se address: 320 North College Street Carlisle PA 170131843 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 6, 2*for squire ntiff The law firm of Burton Neil & Associates is a debt c BURTON NEIL & ASSOCIATES, P.C. By: Yale D. Weinstein, Esquire Identification No. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 ATTORNEY FOR: Plaintiff CITIBANK SOUTH DAKOTA N.A. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. GAIL G GREGG NO. 05-5992 civil Defendant : CIVIL ACTION - LAW Certificate of Service I, Yale D. Weinstein, Esquire do hereby certify that I served a true and correct copy of the within Praecipe to List on pro se defendant, Gail G Gregg at his/her address of record via first class mail, postage prepaid on the date set forth below. Date: -9 1,)" BURTON PIE rCIATES, P.C. BY: Yale . Weinstein, Esquire Atto ey for Plaintiff The law firm of Burton Neil & Associates is a debt collector. C-8140 J 1 t - c -, CITIBANK (SOUTH IN THE COURT OF COMMON PLEAS OF DAKOTA), N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION-LAW GAIL G. GREGG, Defendant NO. 05-5992 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS BEFORE OLER and GUIDO, JJ. ORDER OF COURT AND NOW, this 7th day of September, 2006, upon consideration of Plaintiffs Motion for Judgment on the Pleadings, and following oral argument held on September 6, 2006, the motion is granted and judgment is entered in favor of Plaintiff and against Defendant in the amount of $5,959.37, less any payments on principal made by Defendant subsequent to the filing of Plaintiffs motion, plus interest at the legal rate and costs of suit. Yale D. Weinstein, Esq. Burton Neil & Associates, P.C. 1060 Andrew Drive Suite 170 West Chester, PA 19380 Attorney for Plaintiff Gail G. Gregg 320 N. College Street Carlisle, PA 17013 Defendant, pro Se BY THE COURT, J. 4L lc;z . J. esley Oler, J. :rc `.. , _ ?) /?c., .? ? ??'?J _... f"? [ BURTON NEIL & ASSOCIATES, P.C. BY: Yale D. Weinstein, Esquire Identification No. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 ATTORNEY FOR: Plaintiff CITIBANK (SOUTH DAKOTA) N.A. Plaintiff VS. GAIL G GREGG Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-5992 CIVIL : CIVIL ACTION -LAW Praecipe for Entry of Judgment on Court Order To the Prothonotary: Enter judgment on behalf of the plaintiff, CITIBANK (SOUTH DAKOTA) N.A., and against the defendant, GAIL G GREGG, as per the Court's Order dated September 7, 2006 and assess damages in the sum of $5,959.37 less a credit of $900.00 for a total judgment of $5,059.37 plus interest at the legal rate and costs. BURTPNN-411/&/ASSOCIATES, P.C. By 'oWstein, Esquire for Plaintiff And now, this /Aay of J /nstthe 2006, judgment is entered on behalf of the plaintiff, CITIBANK (SOUTH DAKOTA) NA. and ag defendant, GAIL G GREGG, in the sum of $5,959.37 less a credit of $900.00 for a total judgment $5,059.37 interest at the legal rate and Ab4p costs. P o ry o um r and County Deputy In making this communication, we advise that this office is a debt collector. L CITIBANK (SOUTH IN THE COURT OF COMMON PLEAS OF DAKOTA), N.A. CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION-LAW GAIL G. GREGG, Defendant NO. 05-5992 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADINGS BEFORE OLER and GUIDO, JJ. ORDER OF COURT AND NOW, this 71h day of September, 2006, upon consideration of Plaintiffs Motion for Judgment on the Pleadings, and following oral argument held on September 6, 2006, the motion is granted and judgment is entered in favor of Plaintiff and against Defendant in the amount of $5,959.37, less any payments on principal made by Defendant subsequent to the filing of Plaintiffs motion, plus interest at the legal rate and costs of suit. BY THE COURT, Y e D. Weinstein, Esq. urton Neil & Associates, P.C. 1060 Andrew Drive Suite 170 West Chester, PA 19380 Attorney for Plaintiff Gail G. Gregg 320 N. College Street Carlisle, PA 17013 Defendant, pro Se G . J. resley Oler,., J. TRUE COPY FROM RECOHL) n Testimony whereof, I here unto set my nano +nd the sp# of said Court at COW, Pa. rItis 1? day pL?_ (- I ?.-77 re BURTON NEIL & ASSOCIATES, P.C. BY: Yale D. Weinstein, Esquire Identification No. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 ATTORNEY FOR: Plaintiff CITIBANK (SOUTH DAKOTA) N.A. 701 East 60th Street North Sioux Falls, SD 57117 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. GAIL G GREGG 320 North College Street Carlisle, PA 17013-1843 Defendant : NO. 05-5992 CIVIL : CIVIL ACTION -LAW Certification of Address and Affidavit of Non-Military Understanding that false statements herein are subject to penalty under 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, I verify that: 1. The above are the precise last-known addresses of the judgment creditor and debtor. 2. Pursuant to Section 201(b)(1)(A) of the Servicemembers Civil 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. BURTON ?;EA & ASSOCIATES, P.C. By: Ya W , E quire A ornev for Plaintiff In making this communication, we advise that this office is a debt collector. z ?e a C w BURTON NEIL & ASSOCIATES, P.C. BY: Yale D. Weinstein, Esquire Identification No. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 ATTORNEY FOR: Plaintiff CITIBANK (SOUTH DAKOTA) N.A. IN THE COURT OF COMMON PLEAS Plaintiff VS. GAIL G GREGG : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-5992 CIVIL Defendant : 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 QP "?_ I P, I t' . Proth otary of Cumb land County Deputy If you have any questions concerning the above, please contact: Yale D. Weinstein, Esquire Attorney for Party Filing 1060 Andrew Drive, Suite 170 West Chester, PA 19380 Phone: 610-696-2120 In making this communication, we advise that this office is a debt collector. Burton Neil & Associates, P.C. By: Yale D. Weinstein, Esquire ID. NO. 89678 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff CITIBANK SOUTH DAKOTA N.A. Plaintiff V. GAIL G GREGG Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-5992 civil CIVIL ACTION - LAW Praecipe to Satisfy Judgment To the Prothonotary: Mark the judgment Satisfied on payment of your costs only. Burton Neil & By: The law firm of Burton Neil & Associates is a debt collector. Y. P.C . Weinstein, Esquire v for Plaintiff C-8140 C ? r.,, r;„'!? "?+ ? ? ?"? nJ -??? ?? ?w ; f ?? i ; ..?; raw. :'i`? t" ? •?