HomeMy WebLinkAbout04-0450BURTON NEIL & ASSOCIATES, P.C.
By: Burton Nell, Esquire
Identification No. 11348
26 South Church Street
West Chester, PA 19380
(610) 696-2120
Attorney for Plaintiff
WORLDWIDE ASSET PURCHASiNG, LLC
2253 N. W. Parkway, Suite 500, Marietta, GA
: iN THE COURT OF COMMON PLEAS
Plaintiff
372 Burnthouse Road, Carlisle, PA 17013
Defendant
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO.
: 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 m~d 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
55978
BURTON 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
WORLDWIDE ASSET PURCHASING,LLC
2253 N.W. Parkway, Suite 500, Marietta, Georgia
Plaintiff
VIRGINIA M. LILLIE
372 Bumthouse Read, Carlisle, PA
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL ACTION - LAW
Complaint
1. The plaintiffis WORLDWIDE ASSET PURCHASING ,LLC, a business corporation, with
place of business located at 2253 N. W. Parkway, Suite 500, Marietta, Georgia.
2. The defendant is Virginia M. Lillie, who resides at 372 Burnthouse Road, Carlisle,
Cumberland County, Pennsylvania.
3. At the defendant's request, Bank of Amer/ca issued the defendant a credit card bearing
account number 4319041000084782 for defendant's use in making charge purchases 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 Bank
of America'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 Bank of America 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 $7,213.72.
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. Plaintiffpurchased the defendant's account from Bank of America and is now the holder and
owner of the account.
8. Although demand has been made by plaintiff upon defendant to pay the sum of $7,213.72, the
defendant failed and refused to pay all or any part thereof.
9. Plaintiff alleges it is entitled to recovery of attorneys fees from defendant pursuant to the
terms and conditions governing the account. Plaintiff seeks recovery of attorneys fees in the sum of
$1,442.74.
Wherefore, plaintiff demands judgment against the defendant in the sum of $7,213.72, attorneys
fees in the sum of $1,442.74 and the costs of this action.
BURTO & ASSOCIATES, P.C.
By: Btt?t~,i~tq~, ~squire
'~-~/~'ftorney for Rlaintiff
The law firm of Burton Neil & Associates, P.C. is a debt collector.
Verification
(~e of authorized representative) .~.~Title or Position)
for WORLDWIDE ASSET PURCHASING, LLC, the within Plaintiff, and makes this statement
/ts behalf as to the truthfulness of the facts set forth in the foregoing Complaint subject to the
penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities.
Virginia M. Lillie
4319041000084782
SHERIFF'S RETURN -
CASE NO: 2004-00450 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WORLDWIDE ASSET PURCHASING LLC
VS
LEWIS VIRGINIA M
REGULAR
JODY SMITH Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
LILLIE VIRGINIA M the
DEFENDANT , at 0905:00 HOURS, on the 13th day of February , 2004
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE
CARLISLE, PA 17013 by handing to
KEITH DAVIS, POA FOR VIRGINIA LILLIE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18
Service
Affidavit
Surcharge 10
28
So AnswErs:
00
00
O0
00 R. Thomas Kline
00
00 02/17/2004
OLIN NEIL HALTRECHT
Sworn and Subscribed to before
me this ~ day of
J~7/~~ ~2~oY A.D.
/ ~ro~[~onotary'
By:
Deputy Sheriff
Acceptance of Service
I accept the service o£ the ~__~t~/~q ~
(on behalf of ~Jl F~i gh~ Cc ~j[.
certify that I am authorized to do so.)
IX'cb. lB, ~o~
Date
~¢~,% T3~×
'Mailing Address
and
Authorized Agent
WORLDWIDE ASSET PURCHASING, LL~
9911 Covington Cross Drive, Suite 107
Las Vegas, NV 89144
Plaintiff
VS.
VIRGINIA M. LILLIE
372 Burnthouse Road
Carlisle PA 17013
Defendant
IN THE COURT OF COIVI/VION PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04~450 Civil
: CIVIL ACTION - LAW
Praeeipe for Default Judgment
To the Prothonotary:
Please enter judgment by default for want of an answer in the above case in favor of the plaintiff and
against the defendant, and assess damages as follows:
Principal: $7,213.72
Attorneys Fees: $1,442.74
TOTAL $8,656.46
Understanding that false statements herein made are subject to penalty under 18 Pa. C.S. § 4904 relating to
unswom 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. Pursuant to Section 201(b)(1)(A) of the Servicemembers Civil Relief Act of 2003 (SCRA), the defendant
is not in the military service of the United States based on information received from the defendant and/or the
Department of Defense website.
JUDGMENT BY DEFAULT ENTERED
AND DAMAGES ASSESSED AS ABOVE.
NO~TICE GIVEN UNDl~R P,~A.R.CIV.P. 236
-C/
~ Ne[1, Esqtfn:e
iA~ .o ~l~Y3 ~rPhfmtie`
060 Andrew Drive, Suite 170
W. Chester, PA 19380
The law firm of Burton Neil & Associates is a debt collector.
55978
WOP-.LDWIDE ASSET PURCHASING. LLC
Plainti~
VIROINIA M. LILLIE
: ~; THE COURT OF COMMON pLEAs
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 04-450 Civil
: CIVIL ACTION- LAW
Notice of/ntention to FiJe Pmecipe for Default Judgment
TO: Virginia M. Lillie
372 Bumflmuse Road
C~lisle PA 17013
DATE OF NOTICE: March $, 2004
IMPORTANT NOTICE
You are in defimlt because you have failed to eute~ a written ~ce pcrsonally or by sl~omey and
file hi writillS with tho cour~ yom' ~s or obli~al~o~s to the claims set forfJl a~tinsl you. Unless you ac~
wigain t~n (10) days f~m the ~,.~ of~_hi~ notice, a judgment may be entered agn~ you without a hearing and
you may lose your property or other imlxa*am~ rights. Yo~ should lake this notice to your lawyc~ at once. If you
do nm have a lawye~ or cannot afford oue, go to or telephoac the following office to find out where you c~ get
legal help. This office can provide you wi~ infortnafion about hiring a lawyer.
Ifyou cannot afford to ~ a lawyer, this office may be able to provide you with information about agencies that
may offer lcgal services to eligible persons at a reduced fee or no fee.
LAWYt~ REFERENCE AND
INFORMATION SERVICE
Cumberlnd County Bu Assoc.
32 South Bedford Street
Cnrlisle, PA 17013
Telephone No. 717-249-3166 or 800-990-~08
/
26 South Church
W~st Chester, PA 19382
610-696-2120
The firm of Burton Neff & ~iams, P.C. is attempting to collect a debt.
BURTON NEIL & ASSOCIATES, P.C.
BY: Burton Neil, Esquire
Identification No. 11348
1060 Andrew Drive, Suite 170
West Chester, PA 19380
610-696-2120
ATTORNEY FOR: Plaintiff
WORLDWIDE ASSET PURCHASING, LLC
Plaintiff
VS.
VIRGINIA M. LILLIE
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-450 Civil
: CIVIL ACTION - LAW
RULE OF CIVIL PROCEDURE NO. 236 (REVISED)
Notice is given that a JUDGMENT in the above captioned matter has been entered against you on
Prothonotary
/Deputy /t /]
If you have any questions concerning the above, pier,contact: (J
Burton Neil, Esquire
Attorney for Party Filing
1060 Andrew Drive, Suite 170
West Chester, PA 19380
Phone: 610-696-2120
The law firm of Burton Neil & Associates is a debt collector.