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Home My WebLink About04-1337BURTON NEIL & ASSOCIATES, P.C. By: Burton Nell, Esquire Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 (610) 696-2120 Attorney for Plaintiff OPTION CARD, LLC 600 174 Street, Suite800North Denver, Colorado Plaintiff DIANA PETERS 733 Mount Rock Rd #3015, Carlisle PA 17013 Defendant · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. Oq- 1237 : 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. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 55944 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 OPTION CARD, LLC 600 17th Street, Suite 800 North Denver, Colorado Plaintiff V. DIANA PETERS 733 Mount Rock Rd #3015, Carlisle, PA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Oq-- CIVIL ACTION - LAW Complaint 1. The plaintiff is OPTION CARD, LLC, with place of business located at 600 17th Street, Suite 800 North, Denver, Colorado. 2. The defendant is Diana Peters, who resides at 733 Mount Rock Rd #3015, Carlisle, Cumberland County, Pennsylvania. 3. At the defendant's request, Discover Financial issued the defendant a credit card bearing account number 6011002992515114 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 Discover Financial'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 Discover Financial 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 $10,676.87. 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. Plaintiff purchased the defendant's account from Discover Financial 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 $10,676.87, the defendant failed and refused to pay all or any part thereofi 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 $2,135.37. Wherefore, plaintiff demands judgment against the defendant in the sum of $10,676.87, attorneys fees in the sum of $2,135.37 and the costs of this action. //~NEIL & ASSOCIATES, P.C. Attome~ for Plaintiff The law firm of Burton Neil & Associates, P.C. is a debt collector. . CA.~DMEMBE~ AGF, E~'MENT Verification is (Name of authorized representative) (Title or Position) for OPTION CARD, LLC, the within Plaintiff, and makes this statement on its 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 unsworn falsification to authorities. DIANA PETERS 6011002992515114 SHERIFF'S RETURN - REGULAR CASE NO: 2004-01337 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLJ~ND OPTION CARD LLC VS PETERS DIANA JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE PETERS DIANA DEFENDANT , at 1409:00 HOURS, on the at 2113 NEWVILLE ROAD CARLISLE, PA 17013 DIANA PETERS a true and attested copy of COMPLAINT & NOTICE was served upon 8th day of April the , 2004 by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 4 14 00 t0 00 00 32 14 Sworn and Subscribed to before me this /~' day of ~/~ ~9~ A.D. ' ~ Prothonotary ' So Answers: R. Thomas Kline 04/12/2004 BURTON NEIL & ASSOC By: ~ut~ff OPTION CARD, LLC 600 17th Street, Suite 800 North Denver, CO Plaintiff VS. DIANA PETERS 733 Mount Rock Rd//3015 Carlisle PA 17013 Defendant IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1337 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 plaintiff and against the defendant, and assess damages as follows: Principal: $10,676.87 Attorneys Fees: $2,135.37 TOTAL $ l 2,812.24 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 prae¢ipe 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. AND DAMAGES ASSESSED AS ABOVE. NOTICE GIVEN UNDER PA.~CIV.P. 236 Pro Prothonotary ~on Nei~ Attorney for Plaintiff I.D. #11348 1060 Andrew Drive, Suite 170 W. Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. 55944 OPTION CARD, LLC VS. DIANA PETERS P~m~ff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, pENNSYLVANIA : NO. 04-1337 Civil : CIVIL ACTION - LAW Notice of Intention to File Praecipe for Default Judgment TO: D~na Peters 733 Mount Rock Rd #3015 Carlisle PA 17013 DATE OF NOTICE: May 3, 2004 IMPORTANT NOTICE You are in default because you have failed to enter a wtitteu appearauce personally or by attorney and file in writing ~ the court your defenses or obligations to Oae claims set forth against you. Unless you act w/thin ten (10) days from the da~ of ~ notice, a jvdomnent may be ~ a~inst you without a hearing and you n~y los~ your property or o~r import~t rights. You should l~ke this notice to your i~yer at once. ffyou do not have a Imvyer or camnot ~fford one, go to or toi~hon~ the following offic~ to find out wher~ you e~n get legul help. This office cun provid~ you wilh intormstion about hiring a lawyer. ffyou cannot afield to hire a lawyer, this office may be able to provide yon with information about agencies tha~ may offer legal s~rvices to eligible persons at a reduced fez or no fee. LAWYER ~CE AND INFORMATION SERVICE Cumberlund County Bar Assoc. 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717-249-3166 or 800-990-9108 BURTON ~ & ASS~OCIATES, P.C. Identification No. 11348 1060 Andrew Drive, Suite 170 West Chester, PA 19380 610-696-2120 The faro of BurtonNeil & Associates, P.C. is attempting to collect a debt.