HomeMy WebLinkAbout03-6468BURTON 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
Kierland l, Suite 300, 16430 N. Scottsdale Road
Scortsdale, Arizona
Plaintiff
JANE R FIRESTONE
1851 Spring Road, Carlisle PA 17013-1152
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. 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. 717-249-3 166 or 800-990-9108
03-763
BURTON NE[[, & ASSOCIATES, P.C.
By: Burton Nell, Esquire
Identification No. 11348
26 South Church Street
West Chester, PA 19382
610-696-2120
Attorney for Plaintiff
DIRECT MERCHANTS CREDIT CARD BANK
Kierland 1, Suite 300, 16430 N. Scottsdale Road
Scottsdale, Arizona
Plaintiff
JANE R FIRESTONE
1851 Spring Road, Carlisle, PA
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
Complaint
The plaintiff is Direct Merchants Credit Card Bank, a business corporation, with place of
business located at Kierland 1, Suite 300, 16430 N. Scottsdale Road, Scottsdale, Arizona.
2. The defendant is Jane R Firestone, who resides at 1851 Spring Road, Carlisle, Cumberland
County, Pennsylvania.
3. At the defendant's request, plaintiff 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 $14,213.87.
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. Although demand has been made by plaintiff upon defendant to pay the sum of $14,213.87,
the defendant failed and refused to pay all or any part thereof.
8. Plaintiffalleges it is entitled to recovery of its attorneys fees from defendant pursuant to the
terms and conditions governing the accotmt. Plaintiff seeks recovery of attorneys fees in the sum of
$2,842.77.
Wherefore, plaintiff demands judgment against the defendant in the sum of $14,213.87,
attorneys fees in the sum of $2,842.77 and the costs of this action.
BURT~~OCIATES, P.C,
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 Plaintiffin 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.
Jane R Firestone
5458000404050524
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
Plaintiff
VS.
JANE R FIRESTONE
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-6468 Civil
: CIVIL ACTION - LAW
PRAECIPE TO DISCONT1N[rF,
TO THE PROTHONOTARY:
Kindly discontinue the above-captioned action without prejudice.
B
URTON NE/~, & ASSOCIATES, P.C.
B
(~ ~ '~e~l, Esquire
Attorney for Plaintiff
The law firm of Burton Neil & Associates is a debt collector.
03-763
SHERIFF'S RETURN
CASE NO: 2003-06468 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
DIRECT MERCHANTS CREDIT CARD
VS
FIRESTONE JANE F
- REGULAR
RON KERR ,
Cumberland County,Pennsylvania,
says, the within COMPLAINT & NOTICE
FIRESTONE JANE R
DEFENDANT at 1420:00 HOURS,
at 1851 SPRING ROAD
CARLISLE, PA 17013
JANE FIRESTONE
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 17th day of December
together with
by handing to
2003
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 /2~ day of
Prothonotary
So Answers:
12/18/2003
BURTON NEIL
By:
Deputy Sheriff