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Home My WebLink About03-4047BURTON NEIL & ASSOCIATES, P.C. By: Burton Nell, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff MAGNUS SERVICES, INC. 71600 North Perimeter Drive, Scottsdale, Arizona Plaintiff DAVID J EDDY 1924 Douglas Drive, Carlisle, 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 01-3187 BURTON NEIL & ASSOCIATES, P.C. By: Burton Nell, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19382 610-696-2120 Attorney for Plaintiff MAGNUS SERVICES, INC. 17600 North Perimeter Drive Scottsdale, AZ 85255 Plaintiff DAVI~ J EDDY 1924 Douglas Drive, Carlisle, PA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Complaint 1. The plaintiff is Magnus Services, Inc., a business corporation, with place of business located at 17600 North Perimeter Drive, Scottsdale, Arizona. 2. The defendant is David J Eddy, who resides at 1924 Douglas Drive, Carlisle, Cumberland County, Pennsylvania. 3. At the defendant's request, MBNA issued the defendant a credit card bearing account number 4313088702049320 for defendant's use in making charge purchases 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 the MBNA 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 MBNA 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 f'mance charges, late or over limit charges is $8,024.93. 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. On or about September 2000, plaintiffpurchased the defendant's account fzom MBNA and is now the holder and owner of the account. 8. Although demand has been made by plaintiffupon defendant to pay the sum of $8,024.93, the defendant failed and refused to pay all or any part thereof. 9. Plaintiff alleges it is entitled to recovery of attorneys fees from defendant pursuant to the terms and conditions governing the account. Plaintiff seeks recovery of attorneys fees in the sum of $2,006.23. Wherefore, plaintiff demands judgment against the defendant in the sum of $8,024.93, attorneys fees in the sum of $2,006.23 and the costs of this action. BURTgN~.,fl& ASSOCIATES, P.C. Burton Neil, EsqUire Attorney for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. I~formatio.~ Gathering and Sharing Repayment will be allocated in a manner we determine. We ma), Charoes Made In Foreion Currenkies How To Use Your Account Payment Holidays F~Lc::2~s¢~:~ requirement thac you ma ke a minimum payment each month will resume following your payment holiday Billin~ Cycle A biJJJng ~le becns on the day after the closin~ date Account Fees and Charges Benefits Reasons for Requiring Immediate Payment Refusal to Honor Your Card Termination this ,~reement cohtinue even after your right to obtain Unauthorized Use of Your Card Governing Law Amendments ~slgnment Credit Limit Request for Credit Over Your Credit Limits VERIFICATION Ruth A. Kenny is Agency Assistant for Magnus Services, Inc. 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 unswom falsification to authorities. David J Eddy 4313088702049320 SHERIFF'S RETURN - REGULAR CASE NO: 2003-04047 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MAGNUS SERVICES INC VS EDDY DAVID J GEP~ALD WORTHINGTON Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE EDDY DAVID J DEFENDANT , at 1532:00 HOURS, at 1924 DOUGLAS DRIVE CARLISLE, PA 17013 JOANNA EDDY, WIFE OF DEFENDANT a true and attested copy of Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 20th day of August , 2003 by handing to COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this 2y~ day of ~,~,~x~ ~.~3~ A.D. Vr6thonotary ~ So Answers: R. Thomas Kline 08/21/2003 BURTON NEIL & ASSOC. Deputy Sh~ff MAGNUS SERVICES INC. 17600 N. Perimeter Drive, Scottsdale, AZ 62123 Plaintiff VS. DAVID J EDDY 1924 Douglas Drive Carlisle FA 17013-I019 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03~ 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: $8,024.93 Attorneys Fees: $2,006.23 TOTAL $10,031.16 Understanding that false statements herein made are subject to penalty under 18 Pa. C.S, § 4904 relating to unswom 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.I~.P. 236 Pro Prothonotary ~rX'C'r7 BURT~ NElL & ASSOCIATES, P.C. Attorney for Plaintiff I.D. #11348 PO Box 356, W. Chester, PA 19381 The law firm of Burton Neil & Associates is a debt collector. 01-3187 VS. DAVID J EDDY Defendant : IN THE COURT OF COMMON PLEAS : C'3MBERLAND COUNTY, PENNSYLVANiA : NO, 03.,~46 Civil : CIVIL ACTION - LAW Noflee of Intention to File Praeeipe for ])ef~flt Judgment TO: David J~ 1924 Douglns Drive Carlisle PA 17013-1019 DATE OF NOTICE: September 15, 2003 ]MI~ORTANT NOTICE You nre in defnuR because Y~u have failed to ent~ a written appearnnce persenally or by attorney nnd file in va/t/hi wflh the c~urt your del%nses or'obligations te &e cI*~- set fofih -~i-~ you. Unle~ you act w~thl, ten (10) days from the d~e ofRfis no~i. 'ce, a jl~lgment may be ent~ed ~h~t you without a h~ag and you may lo~e your property ~' o~h~r impommt ri~ht~. You should tako ~ notic~ to your hwye~ ~t once. If you do not haw a lawyer or cnnnot afford one, go to o~ telepho0e ~e foHowin~ office to fi~d out where you c~m get legal h~lp. This offic~ can provide yon with informS.' n nbo~t hiring n lawyer. If you cannot afford to hire a lawyer, th/s office may be able to provide you with information about a~encies ttu~ m~y offer lel~tl services to eligible L~SOm nt a reduced fee or no f~e. INFORMATION SERVICE Cumb~rbnd County Bar Assoc. 2 Liborty Avenue C~lisJc, PA 17013 Tel~phone No. ?17-249-3166 or ~8~990-9108 BuRToN~I~fI./& ASSOCIATES, P.C. Atto-ney for Pl~tiff Identification No. 11348 26 South Church St., West Chester, PA 19382 610-696-2120 The firm of ~u~on N~il & Associate, P.C. is atl~np~ to ~ollec~ a debt. 01-3187