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Home My WebLink About03-5422BURTON NEIL & ASSOCLkTES, P.C. By: Burton Nell, Esquire Identifmation 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 EARL R. GUISE and MARY JANE GUISE 800 Pamelas Lane Mechanicsburg, PA 17050-2362 Defendants IN TH]E COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 03 ',5't271 Ci,,; 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.. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 2 Liberty Avenue Carlisle, PA 17013 Telephone No, 717~249-3166 or 800-990-9108 54171 BUKTON NEll, & ASSOCIATES, P.C. By: Burton Nell, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19382 610-696-2120 Attorney for Pla'mtiff BANK OF AMERICA, N.A., (USA) 4161 Piedmont Parkway Greensboro, NC 27410 Pla'tariff EARL R .GUISE AND MARY JANE GUISE 800 Pamelas Lane Mechanicsburg, PA 17050-2362 Defendants : IN TH~ COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. Complaint I. The plaintiff is Bank of America, N.A. (USA) with place of business located at 4161 Piedmont Parkway, Greensboro, North Carolina. 2. The defendants are Earl R Guise and Mary Jane Guise who reside at 800 Pamelas Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. At the defendants' request, plaintiffs issued the defendants a credit card bearing account number 4262087000001059 for the defendants' 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 defendants 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 f~om vendors who accepted plaintiff's credit cards. In using the credit card, the defendants agreed to comply with the terms and conditions governing its use which included the obligation to pay plaintiff for all charges made Ln full upon receipt of the statement or in installments subject to monthly finance charges. 5. The defendants util'~zed the credit cards by making/obtaining purchases o f goods, merchandise and services and/or cash advances from vendors who accepted the credit card. Monthly statements were sent to the defendants which detailed the charges made to the account including late and/or finance charges. The balance due for the charges made by the defendants including any late or finance charges is $6,948.78. : CIVIL ACTION - LAW 6. Defendants did not pay the balance due upon receipt of the billing statements and are in default of the terms and conditions governing the use of the credit card, 7. Although demand has been made by plaintiff upon the defendants to pay the sum of $6,948.78, the defendants failed and refused to pay all or any part thereof. 8, Pla'rntiff alleges it is entitled to recovery of its attorneys fees from the defendants pursuant to the terms and conditions governing the account. Plaintiff seeks recovery of attorneys fees inthe sum of $1,386.75. Wherefore, plaintiff demands judgment against the defendants in the sum of $6,948.78, attorneys fees in the sum of $1,356.75 and the costs of this action. ~'e' BURTON Ng]7. & ASSOCIATES, P.C. Attomey for Plaintiff The law firm of Burton Neil & Associates is a debt collector. Verification (Name of authorized representative) (Title or Position) for, Bank of America, N.A., the witl~ Plaintiff in this action, and that the statements of fact made in the foregoing Complaint are tree 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. Earl R Guise 4262087000001059 Nal~e SHERIFF'S CASE NO: 2003-05422 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF ANERICA NA (USA) VS GUISE EARL R ET AiL RETURN - REGULAR KENNETH GOSSERT , Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE GUISE MARY JANE DEFENDANT , at at 800 PAMELAS LANE MECH3kNICSBURG, PA 17050 EARL GUISE, HUSBAND a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 2040:00 HOURS, on the 23rd day of October , together with by handing to 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~, ~- day of ~p~o.~ho~not~a r~ ; ~ So Answers: R. Thomas Kline 10/24/2003 BURTON NEIL SHERIFF'S CASE NO: 2003-05422 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA NA (USA) VS GUISE EARL R ET AL RETURN - REGULAR KENNETH GOSSERT Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE GUISE EARL R DEFENDANT at 2040:00 HOURS, at 800 PAMELAS LANE MECHANICSBURG, PA 17050 EARL GUISE a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 23rd day of October together with by handing to 2003 and at the same time directing His attention to the contents thereof~ Sheriff's Costs: Docketing 18.00 Service 7.59 Affidavit .00 Surcharge 10.00 .00 35.59 Sworn and Subscribed to before me this L ~ day of ~ ~0o_3 A.D. thonotary So Answers: R. Thomas Kline 10/24/2003 BURTON NEIL BURTON NEIL & ASSOCIATES, P.C. BY: Yale D. Weinstein, Esquire Identification No. 89678 26 South Church Street West Chester, PA 19382 610-696-2120 ATTORNEY FOR: Plaintiff BANK OF AMERICA, N.A. (USA) VS. EARL R GUISE MARY JANE GUISE Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5422 CIVIL ACTION - LAW PRAECIPE TO VACATE TO THE PROTHONOTARY: Kindly VACATE the judgment entered in the above-captioned action. BUR~ NEII//~ ASSOCIATES, P.C. BY: ~e ~squire lomey for Plaintiff