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HomeMy WebLinkAbout03-3908 BURTON NElL & ASSOCIATES, P.C. By Burton Nell, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff DIRECT MERCHANTS CREDIT CARD BANK Plaintiff VS. RICHARD A WILSON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03~3908-.Civil CIVIL ACTION - LAW PRAECIPE TO SETTLE, END & DISCONTINUE TO THE PROTHONOTARY: Mark the above matter Settled, Ended and Discontinued. BURTON N~, & ~SSOCIATES, P.C. urton Nell, Esq'~ Attorney for Plaintiff The law firm of Burton Nell & Associates is a debt collector. 01-1782 'BURTON 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 V. RICHARD A WILSON 140 Cjreason Road, Carlisle PA 17013-9469 Defendant : IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA :NO. : 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 01-1782 ,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 17600 North Perimeter Drive Scottsdale, Arizona Plaintiff V. RICHARD A WILSON 140 Greason Road, Carlisle, PA Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 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 R/chard A. Wilson, who resides at 140 G-reason Road, Carlisle, Cumberland County, Pennsylvania. 3. At the defendant's request, pla'mtiff 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 $5,457.79. 6. Defendant did not pay the balance due in full upon receipt of the billing statements and failed CIVIL ACTION - LAW 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 $5,457.79, the defendant failed and refused to pay ail or any part thereof. 8. Plaintiff aileges 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 $1,364.45. Wherefore, plaintiff demands judgment against the defendant in the sum of $5,457.79, attorneys fees in the sum of $1,364.45 and the costs of this action. BURTON NEIL & ASSOCIATES, P.C. (By: Burton Neil, Esquir~ 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: Richard A. Wilson 4730680141037893 ~) © '~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA D1RECT MERCHANTS CREDIT CARD BANK, Plaintiff RICHARD A. WILSON, Defendant No. 03-3908 Civil Term Civil Action - Law ANSWER AND NOW this 8th day of September, 2003, comes the Defendant, Richard A. Wilson, by and through his Counsel of Record, Hanfi & Knight, P.C., and files the following Answer to Plaintiff's Complaint and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted in part; Denied in part. It is admitted that Defendant requested a credit card and that Plaintiff issued Defendant a credit card. Defendant is without knowledge as to the truth of the averment that the terms and conditions attached to the Complaint as Exhibit "A" are the terms and conditions which were applicable when he applied for the credit card. As such the same are specially denied and strict proof thereof is demanded at trial. 4. Admitted in part; Denied in part. It is admitted that Defendant accepted use of the credit card under certain terms and conditions. Defendant is without knowledge as to the truth as to whether or not the terms and conditions attached to Plaintiff's Complaint as Exhibit "A" are the terms and conditions that were applicable when he applied for the credit card. Therefore the same are specifically denied as it relates to those terms and conditions. Strict proof thereof is demanded at thai. 5. Admitted in part; Denied in part. It is admitted that Defendant utilized the credit card by making/obtaining purchases of goods, merchandise and services from vendors who accepted the credit card. R is specifically denied that monthly statements were sent to the Defendant or continue to be sent to the Defendant. It is further specifically denied that Defendant incurred charges in the amount of $5,457.79. Defendant believes and therefore avers that Plaintiff has yet to tender an approphate bill for charges made by Plaintiff. It is specifically denied that Plaintiff is owed $5,457.79 by Defendant. 6. Admitted in part; Denied in part. It is admitted that Defendant has not paid the entire balance in full. It is specifically denied that Plaintiffhas, on a monthly basis, forwarded invoices to Defendant. It is specifically denied that Defendant owes Plaintiff $5,457.79 as alleged in paragraph 5 above. Strict proof thereof is demanded at trial. 7. Admitted in part; Denied in part. R is admitted that Plaintiff has demanded payment from Defendant. It is specifically denied that Defendant owes PlaintiffS5,457.79. Therefore the same is specifically denied. Strict proof thereof is demanded at thai. 8. Denied as stated. It is specifically denied that Plaintiff is entitled to recovery of attorneys fees from Defendant pursuant to the terms and conditions governing the account. Defendant is without knowledge as to the truth of whether or not Exhibit "A' attached to the Complaint are the terms and conditions for the account he had with Plaintiffwhen he applied for the credit card. Moreover, it is specifically denied that $1,364.45 are reasonable attorneys fees for this matter. Strict proof thereof is demanded at trial. WHEREFORE, Defendant respectfully requests that this Honorable Court find in his favor and against Plaintiff. Respectfully submitted, HANFT & KNIGHT, P.C. Attorney I.D. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013 -9142 (717) 249-5373 Attorneys for Defendant VERIFICATION I VERIFY that the statements set forth in the attached document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904 relating to unswom f'alsification to authorities. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIRECT MERCHANTS CREDIT CARD BANK, Plaintiff RICHARD A. WILSON, Defendant No. 03-3908 Civil Term Civil Action - Law CERTIFICATE OF SERVICE AND NOW, this ~,.~ day of September, 2003, I, Michael J. Hanft, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Answer by first class, United States Mail, postage pre-paid, addressed as follows: Burton Neil, Esquire BURTON NEIL & ASSOCIATES, P.C. 26 South Church Street West Chester, Pennsylvania 19380 Attorney for Plaintiff HANFT & KNIGHT, P.C. Michael J. Hanft, Esc[fiire ' Attomey I.D. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Defendant SHERIFF'S RETURN - REGULAR CASE NO: 2003-03908 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DIRECT MERCPL~NTS CREDIT CARD VS WILSON RICHARD A ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WILSON RICHARD A DEFENDANT , at 1340:00 at 140 GREASON ROAD CARLISLE, PA 17013-9469 MARY WILSON a true HOURS, on the 13th day of August by handing to the , 2003 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 4.14 Affidavit .00 Surcharge 10.00 .00 32.14 Sworn and Subscribed to before me this 27~ day of ~2 ~z~ A.D. othonotary , -~ , So Answers: R. Thomas Kline 08/14/2003 BURTON NEIL D~puty Sheriff 'BURTON NEIL & ASSOCIATES, P.C. Burton Neil, Esquire, Id. no. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 Attorney for Plaintiff DIRECT MERCHANTS CREDIT CARD BANK Plaintiff RICHARD A. WILSON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND. COUNTY, PENNSYLVANIA NO. 03-3908 CIVIL ACTION - LAW Motion of Plaintiff for Judgment on the Pleadings Now comes plaintiffby 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 by the defendant. 2. Defendant filed an answer to the complaint which effectively admitted the allegations of the complaint. 3. The pleadings are closed. 4. There are neither factual nor legal issues before the Court creating a need for trial. Therefore, plaintiff is entitled to judgment as a matter of law. Wherefore, plaintiff moves this Honorable Court for judgment on the pleadings in the sum of $5,457.79 together with attorneys' fees of $1,364.45 for a total judgm~ent of $6,822.24 plus the costs of this action. /, '~'~i 7~ES S¢TES, P.C. B~ur{on Neil, Esqu~e Attorney for Plaintiff In making this communication, we advise our fLrm is a debt collector. BURTON NEIL & ASSOCIATES, P.C. Burton Neil, Esquire, Id. no. 11348 1060 Andrew Dr., Suite 170 610-696-2120 Attorney for Plaintiff DIRECT MERCHANTS CREDIT CARD BANK Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3908 RICHARD A. WILSON Defendant: CIVIL ACTION[ - LAW Certificate of Service Burton Neil, Esquire, being duly sworn according to law, deposes and says that he is attorney for plaintiff Citibank (South Dakota) N.A. and that he served a true and correct copy of plaintiff's Motion for Judgment on the Pleadings and proposed Order on defendant's counsel by first class U.S. Mail, postage prepaid on June 7, 2004 in accordance with Pa.R.C.P. 405 on the date set forth below. BU~R~ & ASSOCIATES, Burton Neil, Lcd7. -- Attorney for Plaintiff