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Home My WebLink About06-2040 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BLUESTONE INVESTMENTS, INC. Plaintiff No, tft,- ). ()c.jD ~ vs, NEL VILLE LORD CIVIL ACTION Defendant 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 TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITIEN APPEARANCE PERSONALLY OR BY A TIORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAYBE 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 MA Y LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMATO AND ASSOCI By: , P.C, ~ Iflonald Amato, Esq" Atty 10 #32323 Michael J, Kennedy, Esq., Atty iO #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866.0400 A DEBT COLLECTiON LAW FIRM COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BLUESTONE INVESTMENTS, INC. Plaintiff No, vs, NEL VILLE LORD CIVIL ACTION Defendant COMPLAINT The above Plaintiff brings this action against the above Defendant to recover the sum of $17,735.00, with interest thereon as hereinafter stated, upon the following cause of action: I. The Plaintiff, BLUESTONE INVESTMENTS, INC., is located at 107 North Commerce Way, Bethlehem, PA 18017, 2, The Defendant(s), NELVILLE LORD is located at 57 Circle Drive, Apt. 2 FL, CAMP HILL P A 170 II. 3, At the special instance and request of the Defendant, Chase Manhattan Bank, issued to Defendant its Visa credit card, and from time to time thereafter, Defendant made various purchases, in which transactions Defendant made use of said Visa credit card, A true and correct copy of a Statement of Defendant's Account, is attached hereto, made a part hereof and marked Exhibit "A", 4, For value received, Chase Manhattan Bank assigned, transferred and set over to Plaintiff all its rights, title and interest in this claim, 5, By virtue of said assignment, Plaintiff acquired legal title to said Account, and became the legal holder of the claim against the Defendant. ---T- 6, Defendant has not adhered to the agreed repayment obligations that govern the aforesaid Visa credit card account, by reason of which Defendant is in default thereof, 7, The Defendant received, accepted and made various purchases using the credit card described in Exhibit" A", and a total amount which became due as a result thereof, after allowance for all proper credits for payments and/or adjustments, ifany, was $12,741.66, 8, Plaintiff is entitled to receive interest on the above amount determined by applying the agreed interest rate of24,OO% per annum to the past due balance, As of March 28, 2006 the total amount of interest due to plaintiff is $4,993,34, 9, Plaintiff is entitled to have the 24,00% interest charge continue to accrue as set forth above, from March 28.2006 on down to the date of judgment in this matter, 10, The Plaintiff has made demand against the Defendant for the aforesaid sum, but Defendant failed or refused to pay the same or any part thereof, WHEREFORE, Plaintiff demands judgment against the Defendant for $17,735.00 together with the continually accruing interest charge at the agreed rate of24,OO% per annum from March 28, 2006, and cost of suit. COUNT II Alternative to Count I - Unjust Enrichment 11. Plaintiff incorporates the allegations of every paragraph enumerated above of this Complaint as if said paragraphs were fully set forth here at length, 12, The goods, monies, wares, merchandise, and/or services, described in the exhibits attached hereto were purchased by Defendant, and Defendant received and accepted the benefit of such goods, monies, wares, merchandise, and/or services provided by Plaintiff. 13, At all times material hereto, Defendant was aware that Plaintiff was providing the aforesaid goods, monies. wares, merchandise. and/or services to Defendant, and that Plaintiff expected to be paid for such, 14, At all times material hereto, Defendant, with the aforesaid knowledge, pennitted Plaintiff to provide and/or deliver said goods, monies, wares, merchandise, and/or services, and to incur damages, 15. At all times material hereto, Defendant was unjustly enriched by retaining the benefit of receiving said goods, monies, wares, merchandise, and/or services without paying Plaintiff fair and reasonable compensation, 16, By reason of the aforesaid unjust enrichment of Defendant at Plaintiff's expense, an implied contract exists between Plaintiff and Defendant, and Defendant is obligated to pay Plaintiff the quantum meruit value of the value of the goods, monies, wares, merchandise, and/or services described in the exhibits attached hereto, in the amount of $12,741,66, WHEREFORE, Plaintiff demands judgment against Defendant for $12,741.66 together with the continually accruing interest charge at the statutory rate of 6,00% per annum from March 28, 2006, costs of suit and all other relief to which Plaintiff may be justly entitled, AMATO AND ASSOCIATES, P.C, By: onald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq" Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM VERI FICA TION Carrie Tobin, hereby states that she is the Financial Administrator of Bluestone Investments, Inc" Plaintiff in this action, and verifies that the statements made in the attached Complaint are true and correct to the best of her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 PA C,S, ~4904 relating to unsworn falsification to authorities. c(~(~(T~ Carrie Tobin CREDITOR NAME: ORIGINAL CREDITOR: ORIGINAL ACCOUNT #: DEBTOR NAME: ACCOUNT NUMBER: DATE OPENED: DATE LAST PAID: PRINCIPAL: INTEREST: INTEREST RATE: TOTAL: BLUESTONE INVESTMENTS, INC. 107 North Commerce Way Bethlehem PA 18017 STATEMENT OF ACCOUNT Bluestone Investments, Inc. Chase Manhattan Bank 4305-8707-0904-2956 NELVILLE LORD 1060007 09/01/98 08/09/04 $12.741.66 $4,993.34 24% $17,735.00 EXHIBIT I--L- ~" - , l\) r--.) ~c.> ~, ~ 10 L rs "*,' ~~~ ,~ ,~ ~ ~i , '\ '2 ;. '~-.~ ~ ,-, .....,', 10> r:.;'. ,-: SHERIFF'S RETURN - REGULAR CASE NO: 2006-02040 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BLUESTONE INVESTMENTS INC VS LORD NELVILLE JESSICA HERMANSEN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon LORD NELVILLE the DEFENDANT , at 1350:00 HOURS, on the 13th day of April , 2006 at 57 CIRCLE DRIVE APARTMENT 2 FLOOR CAMP HILL, PA 17011 by handing to KATHLEEN LORD, WIFE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 12.32 ,00 10.00 .00 40.32 ~~-...~~ R. Thomas Kline t{/~~/o(, ~ 04/17/2006 AMATO & ASSOCIATES BY'~ Duty Sheriff Sworn and Subscribed to before me this day of A.D. Prothonotary COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA CIVIL ACTION - LAW BLUESTONE INVESTMENTS, INC. Plaintiff No. 06-2040 Civil vs. NEL VILLE LORD CIVIL ACTION Defendant(s) PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Please discontinue the above-captioned case WITHOUT prejudice. AMATO AND ASSOCIATES, P.C. Sy: ~ ffi>nald Amato, Esq., Atty ID #32323 Michael J. Kennedy, Esq., Atty ID #72412 Attorneys for Plaintiff 107 North Commerce Way Bethlehem, PA 18017 (610) 866-0400 A DEBT COLLECTION LAW FIRM ~ (-;"".,;:) ~ "',,' 0-.> -0 -"- ~~;.. r;? f'-,) ..[:'''..