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HomeMy WebLinkAbout03-3871BURTON 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 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA SELL 7500 Molly Pitcher Hwy Lot 40, Shippensburg PA 17257-8816 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. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 2 Liberty Avenue Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 02-2983 BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Idemification No. 11348 26 South Church Street West Chester, PA 19382 610-696-2120 Attorney for Plaintiff DIRECT MERCHANTS CREDIT CARD BANK 17600 North Perimeter Drive Scottsdale, Arizona Plaintiff PATRICIA SELL 7500 Molly Pitcher Hwy Lot 40, Cumberland, PA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Defendant CIVIL ACTION - LAW Complaint 1. The plaintiff is Direct Merchants Credit Card Bank, a business corporation, with place of business located at 17600 North Perimeter Drive, Scottsdale, Arizona. 2. The defendant is Patricia Sell, who resides at 7500 Molly Pitcher Hwy Lot 40, Cumberland, Cumberland Cotmty, 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 tree 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 fi'om vendors who accepted the credit card. Monthly statements were sent to the defendant which detailed the charges made to the account including f'mance 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 $6,152.58. 6. Defendant did not pay the balance due in full upon receipt of the billing statements and failed to make the required minimum monthly paymem 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 $6,152.58, 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 $1,060.00. Wherefore, plaintiff demands judgment against the defendant in the sum of $6,152.58, attorneys fees in the sum of $1,060.00 and the costs of this action. BURTON Nff,~ & ASSOCIATES, P.C. Burton Net~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 within 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 knowledge and 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: Patricia Sell 5427753036000089 Ruth A. Kenny BURTON NElL & ASSOCIATES, P.C. BY: Burton Neil, Esquire Identification No. l 1348 26 South Church Street West Chester, PA 19382 610-696-2120 ATTORNEY FOR: Plaintiff DIRECT MERCHANTS CREDIT CARD BANK Plaintiff VS. PATRICIA SELL Defendant IN THE cOURT OF COMMON PLEAS cUMBERLANT) coUNTY, PENNSYLVANIA : NO. 03-3871 Civil : CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly discontinue the above-captioned action without prej, udice. ( BY: ~ Attorney for Plaintiff ~',lL & ASSOCIATES, P.C. ~on"'Nefl, Esquire