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HomeMy WebLinkAbout03-6562BURTON NEll & ASSOCIATES, P.C. By: Burton Neil, Esquire Idantification No. 11348 26 South Church Street West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff BANK OF AMERICA, N.A., (USA) 416l Piedmont Parkway, Greensboro, NC 27410 Plaintiff SCOTT A. MEHRING 1433 Simpson Ferry Road New Cumberland, PA 17070-1559 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COMPLA/NT 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 H/RING 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 55762 BURTON NElL & ASSOCIATES, P.C. By: Burton Nell, 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 V. SCOTT A. MEHRING 1433 Simpson Ferry Road New Cumberland PA 17070-1559 Defendant : 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 Scott A. Mehring, who resides at 1433 Simpson Ferry Road, New Cumberland, Cumberland County, Pennsylvania. 3. At the defendant's request, plaintiff issued the defendant a credit card bearing account number 4336009010863718 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 fi.om 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 $5,223.35. 6. Defendant did not pay the balance due upon receipt of the billing statements and is in default : CIVIL ACTION - LAW 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 $5,223.35, the defendant failed and refused to pay ail or any part thereof. 8. Pla'mtiff aileges 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 $1,044.67. Wherefore, plaintiff demands judgment against the defendant in the sum of $5,223.35, attorneys fees in the sum of $1,044.67 and the costs of this action. BU~I~& ASSOCIATES, P.C. Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. --4 Verification (Name of authorized representative) {.~ (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 unsworn falsification to authorities. ~ Name Scott A Mehring 4336009010863718 SHERIFF'S RETURN CASE NO: 2003-06562 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICA BANK OF N A VS MEHRING SCOTT A REGULJ~R CPL. MICHAEL BARRICK , Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE MEHRING SCOTT A DEFENDANT at 1117:00 HOURS, at 1433 SIMPSON FERRY ROAD NEW CUMBERLAND, PA 17070 SCOTT A MEHRING a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 9th day of January 2004 by handing to & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 ~,.~? .~, ~ ~// Service 23.46 ? ........ ~/~/~.~L~.. Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 51.46 01/12/2004 BURTON NEIL Deputy Sheriff Sworn and Subscribed to before me this /~ day of / y ~ A.D. honorary BANK OF AMERICA, NA USA 4161 Piedmont Parkway Greensboro, NC 27410 Plaintiff VS. SCOTT A MEHRING 1433 Simpson Ferry Road New Cumberland PA 17070-1559 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6562 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 plaintiffand against the defendant, and assess damages as follows: Principal: $5,223.35 Attorneys Fees: $1,044.67 TOTAL $6,268.02 Understanding that false statements herein made are subject to penalty under 18 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 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_,,~ years of age and has a civilian occupations. JUDGMENT BY DEFAULT ENTERED BURTO SOCIATES, P.C. AND DAMAGES ASSESSED AS ABOVE. NOTICE arwN tU, mEa PA. .crv.e. 236 ~ ~0 "~ ~n l~eil, Esquire . ,D'/ ,,,D_FSO~ ~, . ,,~ Attorne~forPlaintiff Promrothono y I. . I1 8 PO Box 356, W. Chester, PA 19381 The law fh'm of Burton Neil & Associates is a debt collector. 55762 BANK OF AIv[F_JUCA, NA USA Plaintiff VS. SCOTT A MEHI~ING Defendant IN TH]E COURT OF COMMON PLEAS CU/SfBERLAND COUNTY, PENNSYLVANIA NO. 03-6562 Civil : CIVIL ACTION - LAW Notice of Intention to File Praecipe for Default Sudgment TO: Scott A. Mehring 1433 Simpson Fen'y Road New Cumberland PA 17070-1559 DATE OF NOTICE: February 2, 2004 IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or obligations to the claims sot forth against you. Unless you act ~n~thi~ ~n (10) d~y~ fi~o~ ~e/t~.f~ of ~tiis fi6~i6c, ~ jiid~sfi~ ~y be ~tered/t~airtst you with6ttt a h85~_fig ~d you may lose your property or other important fights. You should take this notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to fred out where you cam 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 Lib*rty Avenue Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990~ 08 BURTO IATES, B~mnf'Nei~, Esquire Attorney f~ Plaintiff Identifi~fid~ No. 11348 26 South Chflrch Street West Chester, ]PA 19382 610-696-2120 The fu'm of Burton Nell & Assooiat~s, P.C. is attempting to collect a d~bt.