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HomeMy WebLinkAbout03-4093BURTON 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 BANK OF AMERICA, N.A., (USA) 4161 Piedmont Parkway, Greensboro, NC 27410 Plaintiff JOHN D P1NTO IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Ca -- 1416 Simpson Ferry Road, New Cumberland PA 17070-1567 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 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 BANK OF AMERICA, N.A., (USA) 4161 Piedmont Parkway, Greensboro, NC 27410 Plaintiff JOHN D PINTO 1416 Simpson Ferry Road, New Cumberland PA 17070-1567 Defendant : CIVIL ACTION - LAW IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Complaint 1. The plaintiff is Bank of America, N.A. (USA) with place of business located at 4161 Piedmont Parkway, Greensboro, North Carolina. 2. The defendant is John D Pinto, who resides at 1416 Simpson Ferry Road, New Cumberland, Cumberland County, Pennsylvania. 3. At the defendant's request, plaintiff issued the defendant a credit card beating account number 4319041012764215 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, A true and correct copy of the terms and conditions of the account is attached hereto and marked Exhibit A 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 cards. 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 cards 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 late and/or finance charges. The balance due for the charges made by the defendant including any late or finance charges is $4,912.89. 6. Defendant did not pay the balance due upon receipt of the billing statements and 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 $4,912.89, 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 $982.57. Wherefore, plaintiff demands judgment against the defendant in the sum of $4,912.89, attorneys fees in the sum of $982.57 and the costs of this action. B/~N~ & ASSOCIATES, Attorney f~ Plaintiff The law firm of Burton Neil & Associates is a debt collector. Verification is ~itle or Position) for, Bank of America, N.A., 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 John D Pinto 4319041012764215 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 BANK OF AMERICA, N.A. (USA) Plaintiff VS. JOHN D. PINTO Defendant IN THE COURI' OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4093 CIVIL ACTION - LAW PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly discontinue the above-capti6ned action without prejudice. BURTON/~tEIL & ASSOCIATES, P.C. Attorney for Plaintiff 53285 BRADLEY E. HAUBERT and PAMELA A. HAUBERT, Appellants ZONING HEARING BOARD OF SHIREMANSTO WN BOROUGH, Appellee HAROLD KERSTETTER and JOSEPHINE KERSTETTER, Intervenors MYRA BADORF, Intervenor BOROUGH OF SHIREMANSTOWN, Intervenor : THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : LAND USE APPEAL NO. 03-473 : NO. 03-2767 : : NO. 03-2883 : NO. 03-3279 NO. 03-4084 : NO 03-5052 J~OINT STIPULATION OF COUNSEl, AND NOW, this ~? _~ day of ~t ~,'~q ,2004, I comes the Appellants, Bradley E. Haubert and Pamela A. Haubert, by their attorneys, Metre, Evans & Woodside, the Zoning Hearing Board of Shiremanstown Borough, by and through its attorneys, the Law Office of James D. Bogar, Esquire, Harold Kerstetter and Josephine Kerstetter, by and through their attorney, Andrew C. Sheely, Esquire, Myra Badorf, by and through her attorney, Charles E. Shields, III, Esquire and Shiremanstown Borough, by and through its attorney, Karl M. Ledebohm, Esquire, and make their joint stipulation and agreement for an Order of Court, as follows: I. The parties have agreed to settle all of the above-captioned land use appeals by stipulating and agreeing to an Order of Court for purposes of resolving all of the pending appeals from the decisions of the Zoning Heating Board of Shiremanstown Borough and the Borough