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Home My WebLink About04-2731BURTON 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 BANK OF AMERICA, N.A., (USA) 4161 Piedmont Parkway, Greensboro, NC 27410 Plaintiff EDWARD G SCHWALM 2245 Canterbury Drive, Mechanicsburg PA 17055--577 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. C1V1L 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 56963 BURTON NEll & 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 BANK OF AMERICA, N.A., (USA) 4161 Piedmont Parkway, Greensboro, NC 27410 Plaintiff EDWARD G SCHWALM 2245 Canterbury Drive, Mechanicsburg PA 17055--577 Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Complaint 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 Edward G. Schwalm, who resides at 2245 Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. At the defendant's request, plaintiff issued the defendant a credit card bearing account number 4356023190169361 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 tree 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 from 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 $5,275.80. 6. Defendant did not pay the balance due upon receipt of the billing statements and is in defauk 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 $5,275.80, the defendant failed and refused to pay all or any part thereof. 8. Plaintiff alleges 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 $1,055.16. Wherefore, plaintiff demands judgment against the defendant in the sum of $5,275.80, attorneys fees in the sum of $1,055.16 and the costs of this action. BURTON ~N~ & BY: ASSOCIATES, P.C. Burton Nell, Esqm~I~..~ Attorney for Plaintiff -'~- The law firm of Burton Neil & Associates is a debt collector. Verification (Name of authorized representative) is (Title or Position) for, Bank of America, N.A., the within Plaintiffin this action, and that the statements of fact made in the foregoing Complaint are tree 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 Edward G. Schwalm 4356023190169361 SHERIFF'S RETURN - CASE NO: 2004-02731 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF AMERICA NA VS SCHWALM EDWARD G REGULAR JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon SCHWALM EDWARD G DEFENDANT at 1921:00 HOURS, on the 18th day of June at 2245 CANTERBURY DRIVE MECHANICSBURG, PA 17055 by handing to EDWARD SCHWALM a true and attested copy of COMPLAINT & NOTICE law, the , 2004 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this 2y~ day of (~/.c~.~ ~ ,~200 '?" A.D. ~ Prothonotary So Answers: R. Thomas Kline 06/22/2004 BURTON NEIL By: /~ puty Sheriff BANK OF AMERICA N.A. (USA) 4161 Piedmont Parkway, Greensboro, NC 27410 Plaintiff VS. EDWARD G SCHWALM 2245 Canterbury Drive Mechanicsburg PA 17055--577 Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-2731 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: $5,275.80 Attorneys Fees: $1,055.16 TOTAL $6~330.96 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. Pursuant to Section 201 (b)(1)(A) ofthe 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. NOTICE GIVEN UNDER ~?}A.R.CIV.P. 236 Pro Prothonotary Burton ~e~, Esquire Attomeyfor Plaintiff I.D. #112[48 1060 An~lrew Drive, Suite 170 W. Chester, PA 19380 The law firm of Burton Neil & Associates is a debt collector. 56963 BANK OF AMERICA N.A. (USA) Phinfiff VS. EDWARD 0 SCHWALM Defondant : IN THE COURT OF COMMON PLEAS : CUMBERLAI~ COUNTY, PE~INSYLVANIA : NO. 04-2731 Civil : CIVI~ ACTION - LAW Notice of htenflon to File Pruecipe for l)ehult JudpneM TO: FAward G. Schwalm 2245 Canterbury Drive Ivl~h~'me~b~g PA 17055-577 DATE OF NOTICE: July 14, 2004 IMPORTANT NOTICE You ar~ in default bei~mse you have failed to erd~ a written appearance personally or by attorney and file in writin8 with the court your defenses or obligations to the claims ~ forth against you. Unless you act within ten (lO) days from the date oflhis notice, a judgment may bo emmmred *?}-st you without a heating and you may io~e your property or other im.nonant rlsh'u. You should tek~ this notien to your lawyer at once. If you do not have a law/er or cennot afford one, ~o to or telephone the following office to find out where you can get legal help. This office can provide you with information about hiring a lawyer. If yon cannot afford to ~ a lawyer, this office may be able to provide you with i~Ui~MliinU about a~eneie~ that nuty offer legal se~vlees to eli~'ble persons at a reduc~i fee or no fee. LAWYER REFERENCE AND INFORMATION SERVICE ~land Coumy Ibr As~. 32 South Bedford SUe~t Carlisle, PA 170138~0 Telephone No. 717-249-3166 or 8 BY: Atl~mey for Pl~tiff ldeutificetion No. 11348 1060 Andrew Drive, SuRe 170 West Chester, PA 19380 610-696-2120 The firm of Burton Nell & Associates, P.C. is al~mpting to collect a debt. 56963