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Home My WebLink About03-3872BURTON NEIL & 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 RUSSELL CORBETT 244 West Ridge Street Carlisle, PA 17013-4008 Defendm~t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. CIVIL ACTION - LAW COMPLAINT NOTICE You have been sued in court, lfyou 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 03-321 BURTON NElL & ASSOCIATES, P.C. By: Barton Neil, Esquire Identification 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 RUSSELL CORBETT 244 West Ridge Street Carlisle, PA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. -- 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 Russell Corbett, who resides at 244 W Ridge Street, Carlisle, 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, memhandise 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 pumhases of goods, memhandise 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 $11,081.50. CiVIL ACTION - LAW 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 $11,081.50, 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 $2,216.30. Wherefore, plaintiff demands judgment against the defendant in the sum of $11,081.50, attorneys fees in the sum of $2,216.30 and the costs of this action. BURTON NEIL & ASSOCIATES, P.C. By: ~ Burton Neil, Esquire Attorney for Plaintiff The law finn 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: Russell Corbett 4730680122045253 Ruth A. KennyC SHERIFF'S RETURN - CASE NO: 2003-03872 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DIRECT MERCHANTS CREDIT CARD VS CORBETT RUSSELL REGUL~AR GERALD WORTHINGTON , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE CORBETT RUSSELL DEFENDANT , at 2120:00 HOURS, at 244 WEST RIDGE STREET CARLISLE, PA 17013-4008 RUSSELL CORBETT a Sheriff or Deputy Sheriff of who being duly sworn according was served upon on the 22nd day of August by handing to true and attested copy of COMPLAINT & NOTICE to law, the , 2003 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.73 Affidavit .00 Surcharge 10.00 .00 39.73 Sworn and Subscribed to before me this ~ ~ ~ day of ~ 00~% A.D. '~r~thonotary So Answers: R. Thomas Kline 08/25/2003 BURTON NEIL Dll~,ECT M~RCHANTS CREDIT CARD BANK 17600 North Perkneter Dr., Scottsdale, AZ 62123 Plaintiff VS. RUSSELL CORBETT 244 W Ridge Street Carlisle PA 170134008 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 -3872-Civil 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: $11,081.50 Attorneys Fees: $2,216.30 TOTAL $13,297.80 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 o: 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 tt coverage of the Soldiers' and Sailors' Relief Act of 1940, as amended, is over 18 years of age and has a civil? occupations. JUDGMENT BY DEFAULT ENTERED AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN UNDER P~Id~.CIV.P. 236 Pro Prothonotary ~ BURTO~IL & ASSOCIATES, P.C. f o; Pllintiff PO Box 356, W. Chester, PA 1938 The law finn of Burton Nell & Associates is a debt collector. DIRECT MERCHANTS CREDIT CARD BANK Plaintiff VS. RUSSELL CORBETT : IN THE COURT OF COMkiON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-3972-Civil : CIVIL ACTION - LAW Notice or Intention to File PFsecipe for Default lud~meut TO: Russell Corbc6 2~ WRidso Street Carlisle PA 1'/013-4008 DATE OF NOI'ICE: September 15, 2003 IMPORTAN~ NOTICB 'You are in default because you have failed to enter a writien ~t~l~uance personally or by attorney ~nd file in ~ with the court your defenses or ~bli~afions to the claims set forth asainst you. Unless you act within ten (10) days from the da~ of ibis notice, a.~t may be cntc~l asainst you w~hout a hearing and you may lose your property or other important rights. You should take ~ uotice t~ your lawyer at once. ff you do not have a lawyer or cavmo~ afford, one, ~o to or telephone the f~llowi~ office to find out where you cam ~ legal help. I~is office c~ provide you wi~ inihrmation about hiring a lawyer. Ii'you c~mot afford to hire a lawyer, g~s office may be able lo provide you with information about al~encies that may offer legal services lo elisible persons sta reduced fee or no fee. LAWYER ~CE AND INFORMATION SERVICE Cuml~rland County Bar Assoc. 2 Libmy Avenu~ Carlisle,, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 BURTON NElL & ASSOCIATES, P,C, CT