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HomeMy WebLinkAbout04-1345BURTON NElL & ASSOCIATES, P.C. By: Burton Nell, Esquire Identification No. 1 t348 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 1N THE COURT OF COMMON PLEAS Plaintiff JOSEPH W BARRETT 1654 Holtz Road, Enola PA 17025 Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. CB/IL 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 LA~VYER 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 I-HRING 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 51685 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 JOSEPH W BARRETT 1654 Holtz Road, Enola, PA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 1. The plaintiff is 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 Joseph W Barrett, who resides at 1654 Holtz Road, Enola, Cumberland County, Pennsylvania. 3. At the defendant's request, Bank of America issued the defendant a credit card bearing account number 4427100007292886 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 $7,597.28. 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. CiVIL ACTION - LAW Complaint 7. Plaintiff purchased 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 $7,597.28, 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 $1,673.85. Wherefore, plaintiff demands judgment against the defendant in the sum of $7,597.28, attorneys fees in the sum of $1,673.85 and the costs of this action. BURTO~L & ASSOCIATES, By:~ ~squire Attorney fc ' Plaintiff The law firm of Burton Nell & Associates, P.C. is a debt collector. Verification (~ame of authorized representative) for Worldwide Asset Purchasing 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 unswom falsification to authorities. Date: SHERIFF'S RETURN - CASE NO: 2004-01345 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WORLDWIDE ASSET PURCHASING VS BARRETT JOSEPH W REGULAR ROBERT BITNER Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE BARRETT JOSEPH W DEFENDANT , at 1750:00 HOURS, at 1654 HOLTZ ROAD ENOLA, PA 17025 JOSEPH W BARRETT, FATHER 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 31st day of March , 2004 by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this /2 -~ day of ' Prothonotary ~ ~ ' So Answers: R. Thomas Kline o4/ol/2OO4 OLIN NEIL & HALTRECHT /Deputy Sheriff 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. JOSEPH W BARRETT Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1345 Civil : CIV1L ACTION - LAW PRAECIPE TO SETTLE, END & DISCONTINUE TO THE PROTHONOTARY: Mark the above matter Settled, Ended and Discontinued. BURTONS;IL & ASSOCIATES, P.C. ~ ~l~rton Nell, Esquire Attorney for Plaintiff 51685