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Home My WebLink About03-5539BURTON NElL & 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 TIMOTHY S. LEHMAN 1780 Weatherbum Drive New Cumberland, PA 17070-2219 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. O 3 - ,53'.Xq 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 53682 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 TIMOTHY S. LEHMAN 1780 Weatherbum Drive New Cumberland, PA 17070-2219 Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. C1VIL ACTION - LAW 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 Timothy S. Lehman, who resides at 1780 Weatherburn Drive, New Cumberland, Cumberland County, Pennsylvania. 3. At the defendant's request, plaintiff issued the defendant a credit card bearing account number 4888607000506965 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 goveming 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 $7,541.53. 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 $7,541.53, 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 sm of $1,508.30. Wherefore, plaintiff demands judgment against the defendant in the sum of $7,541.53, attorneys fees in the sum of $1,508.30 and the costs of this action. BU~ ASSOCIATES, P.C. Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. Verification (Name of authorized representative) is (Title 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 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. Name Timothy S Lehman 4888607000506965 SHERIFF'S RETURN - REGULAR CASE NO: 2003-05539 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF ~24ERICA VS LEHMAN TIMOTHY S KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon LEHMAN TIMOTHY S DEFENDANT , at 1444:00 HOURS, at 1780 WEATHERBURN DRIVE NEW CUMBERLAND, PA 17070 HILLARY JACKSON, PERSON IN CHARGE a true and attested copy of COMPLAINT & NOTICE the on the 23rd day of October by handing to together with 2003 and at the same time directing Her 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 ~ ~2~J A.D. Prothonotary So Answers: R. Thomas Kline 10/24/2003 BURTON NEIL BANK OF AMERICA, N.A. (USA) 4161 Piedmont Parkway, Greensboro, NC 27410 Plaintiff VS. TIMOTHY S LEHMAN 1780 Wcatherbum Drive New Cumberland PA 17070-2219 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003~05539 CIVIL ACTION - LAW Praecipe for Default Judgment To the Prothonotary: Please enter judgment by default for want of an answer in the above ease in favor of the plaintiff and against the defendant, and assess damages as follows: Principal: $7,541.53 Attorneys Fees: $1,508.30 TOTAL $9,049.83 Understanding that false statements herein made are subject to penalty under l 8 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 Offs pmecipe 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 Un/ted States or its Allies or otherwise within the coverage of the Soldiers' and Sailors' Relief Act of 1940, as amended, is ove~8 years of age and has a civilian occupations. AND DAMAGES ASSESSED AS ABOVE. '~-"~'lg'firton N~'il, Esquire ~ ~ . tgh~' Attorney for Plaintiff Pro Prothonotary ~ I.D. # 11348 PO Box 356, W. Chester, PA 19381 The law firm of Burton Neil& Associates is a debt co/lector. 53682 BANK OF AMERICA, NA. (USA) Plaintiff VS. TIMOTHY S LEHMAN Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-05539 : CIVIL ACTION - LAW Notice of lmteafion to File Praecipe for Default Judgmem TO: Timothy S. Lehman 1780 Weatherburn DHve New Cumberland PA 17070-2219 DATE OF NOTICE: November 17, 2003 LMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and ftc in writing with the court your defenses or obligations to the claims set forth againat you. Unless you act within ten (10) days i~m the date of th/s notice, a judgment may be entered agaiust you without a hearing and you may lose your property or other important rights. You should take this notice to your Lawyer at once. If you do ~o! lmve a lawyer or eamaot afford one, go to or telephone the following office 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 Asso~. 2 Liberty Avenue Carlisle, PA 17013 Telephone No. 717-2,~9-3166 or 800-990-9108 BURTON NEILfASSOCIATES, P.C. BY: ( Bm-ton NeLl, EsquLre Attorney for Plaintiff Identification No. 11348 26 South Church St., West Chester, PA 19382 610-696-2120 The fn'm of Burton Neil& Associates, P.C. is attempffng to collect a debt. 53652