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Home My WebLink About03-0379BURTON NElL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff DIRECT MERCHANTS CREDIT CARD BANK 17600 North Perimeter Drive, Scottsdale, AZ Plaintiff V. MICHAEL WAGNER 42 Altoona Avenue, Enola, PA Defendant · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : 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. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 2 Liberty Avenue Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 BURTON NEIL & ASSOCIATES, P.C. By: Burton Nell, Esquire Identification No. 11348 26 South Chumh Street West Chester, PA 19382 610-696-2120 Attorney for Plaintiff DIRECT MERCHANTS CREDIT CARD BANK 17600 North Perimeter Drive Scottsdale, Arizona Plaintiff V. MICHAEL WAGNER 42 Altoona Avenue, Enola, PA Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW Complaint 1. The plaintiff is Direct Memhants Credit Card Bank, a business corporation, with place of business located at 17600 North Perimeter Drive, Scottsdale, Arizona. 2. The defendant is Michael Wagner, who resides at 42 Altoona Avenue, Enola, Cumberland County, Pennsylvania. 3. At the defendant's request, plaintiff issued the defendant a credit card for the defendant's use in making credit purchases and securing cash advances subject to the terms and conditions governing the use of the credit card. Attached hereto, made a part hereof and marked Exhibit A is a true and correct copy of the terms and conditions. 4. The defendant accepted the credit card and the terms and conditions governing its use for the purchase of goods, merchandise and services and/or for cash advances from vendors who accepted plaintiff's credit card. In using the credit card, the defendant agreed to comply with the terms and conditions governing its use which included the obligation to pay plaintiff for all charges made in full upon receipt of the statement or in installments subject to monthly finance charges. 5. The defendant utilized the credit card by making/obtaining purchases of goods, merchandise and services and/or cash advances from vendors who accepted the credit card. Monthly statements were sent to the defendant which detailed the charges made to the account including finance charges, late and/or, over limit charges. The balance due for the charges made by the defendant including any finance charges, late or over limit charges is $3,271.00. 6. Defendant did not pay the balance due in full upon receipt of the billing statements and failed to make the required minimum monthly payment set forth in the billing statement. As such, defendant is in default of the terms and conditions governing the use of the credit card. 7. Although demand has been made by plaintiff upon defendant to pay the sum of $3,271.00, the defendant failed and refused to pay all or any part thereof. 8. Plaintiff alleges it is entitled to recovery of its attorneys fees from defendant pursuant to the terms and conditions governing the account. Plaintiff seeks recovery of attorneys fees in the sum of $354.00. Wherefore, plaintiff demands judgment against the defendant in the sum of $3,271.00, attorneys fees in the sum of $354.00 and the costs of this action. Burton Neil, Esquire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. VERIFICATION Ruth A. Kenny is Agency Assistant for Direct Merchants Credit Card Bank the w/thin Plaintiff in this action, and that the statements of fact made in the foregoing Complaint are true and correct to the best of the undersigned verifier's know/ed e and g belief. The undersigned understands that the statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsificatiOn to authorities. Date:~C~~ Michael Wagner 5458004581019146 Ruth A. Kenny SHERIFF'S RETURN - REGULAR CASE NO: 2003-00379 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DIRECT MERCHANTS CREDIT CARD VS WAGNER MICHAEL BRYAN WARD , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WAGNER MICHAEL the DEFENDANT , at 1206:00 HOURS, on the 28th day of January at 42 ALTOONA AVENUE ENOLA, PA 17025 by handing to MICHAEL WAGNER a true and attested copy of COMPLAINT & NOTICE , 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 10 35 00 10 00 00 38 35 Sworn and Subscribed to before me this ~'~ day of ~[~~. /~00~ A.D. ' So Answers: R. Thomas Kline 01/29/2003 BURTON NEIL & ASSOCIATES By: DIRECT MERCHANTS CREDIT CARD BANK 17600 N. Perimeter Drive, Scottsdale, AZ 62123 Plaintiff VS. MICHAEL WAGNER 330 Locust Street Steelton PA 17113 Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-379 : CIVIL ACTION - LAW Praecipe for Default Judgment 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: $3,271.00 Attorneys Fees: $354.00 Credit for Payments: - 170.00 TOTAL $3,455.00 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. The said defendant is not in the Military Service of the United States or its Allies or otherwise within the coverage of the Soldiers' and Sailors' Relief Act of 1940, as amended, is over 18 years of age and has a civilian occupations. JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN UNDER,,PA.R. CIV.P. 236 e~oProthonotary- v ~ j EIL & ASSOCIATES, P.C. u~Esquire Attorney for Plaintiff I.D. #11348 PO Box 356, W. Chester, PA 19381 The law firm of Burton Neil & Associates is a debt collector. BURTON NEIL & ASSOCIATES, P.C. BY: Burton Neil, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19382 610-696-2120 ATTORNEY FOR: Plaintiff DIRECT MERCHANTS CREDIT CARD BANK · IN THE COURT OF COMMON PLEAS VS. MICHAEL WAGNER Plaintiff Defendant · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 03-379 ' CIVIl ACTION - LAW NOTICE OF INTENTION TO F]I,E PRAEC~PE FOR DEFAULT JUDGMENT TO: Michael Wagner 330 Locust Street Steelton PA 17113 DATE OF NOTICE: February 18, 2003 IMPORT~ NOTICE 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 obligations 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 heating and you may lose your property or other important rights. You should take this notice to your lawyer at once. I/you do not have a lawyer or cannot afford one, go to or telephone the following office to f'md out where you can get legal help: LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 BURTON NEIL & ASSOCIATES, P.C. Burton Neil, Esquire Attorney for Plaintiff The firm of Burton Neil & Associates, P.C. is attempting to collect a debt.