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HomeMy WebLinkAbout02-2804BURTON NEIL & ASSOCIATES, P.C. By: Burton Neil, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19382 610-696-2120 Attorney for Plaintiff DIRECT MERCHANTS CREDIT CARD BANK 17600 North Perimeter Drive Scottsdale, AZ Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ROGER E. GOODLIVE 13 Goldenrod Drive Carlisle, PA 17013 Defendant : NO. CIVIL ACTION - LAW Complaint 1. The plaintiffis Direct Merchants Credit Card Bank, a business corporation, with place of business located at 17600 North Perimeter Drive, Scottsdale, Arizona. 2. The defendant is Roger E. Goodlive, who resides at 13 Goldenrod Drive, Carlisle, Cumberland County, Pennsylvania. 3. At the defendant's request, plaintiff issued the defendant a credit card 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. Attached hereto, made a part hereof and marked Exhibit A is a tree 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, memhandise and services and/or for cash advances from vendors who accepted plaintiff'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 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 card by making/obtaining purchases o f 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 $7,767.56. 6. Defendant did not pay the balance due in full upon receipt of the billing statements and SHERIFF'S RETURN CASE NO: 2002-02804 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DIRECT MERCHANTS CREDIT CARD VS GOODLIVE ROGER - REGUI~A.R RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GOODLIVE ROGER the DEFENDANT at LEAR CORP 50 CARLISLE, PA 17013 ROGER GOODLIVE at 1506:00 HOURS, on the 12th day of June SPRING ROAD , 2002 by handing to 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 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this /~ day of  ~k. A.D. t~rMtho~6tary ' ' So Answers: R. Thomas Kline 06/13/2002 ~ BURTON NE I L~? ----~eputy Sheriff 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. Although demand has been made by plaintiff upon defendant to pay the sum of $7,767.56, 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 $1,941.89. Wherefore, plaintiff demands judgment against the defendant in the sum of $7,767.56, attorneys fees in the sum of $1,941.89 and the costs of this action. ~& ASSOCIATES, P.C. ~ By: Bu/t~ Esquir~ Attorney for Plaintiff The law firm of Burton Neil & Associates is a debt collector. VERIFICATION (Name of authorized ~pre~tative) /] St e or Position) 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. DIRECT MERCHANTS CREDIT CARD BANK, Plaintiff VS. ROGER GOODLIVE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND CTY., PENNSYLVANIA No. 02-2804 Civil Term CIVIL ACTION - LAW ANSWER 1. Admitted. 2. Denied. The Defendant is currently separated from his wife. The marital residence is located at 13 Goldenrod Drive, Carlisle, Pennsylvania 17013. The Defendant currently resides at 111 North Hanover Street, Apartment 3-F, Carlisle, Pennsylvania 17013. However, the Defend,am still receives mail at the marital residence. 3. Denied. On approximately June 21, 1996, the Defendant paid Huntington Bank the balance due on a credit card issued by said bank. The Defendant subsequently destroyed the credit card issued by Huntington Bank. The Defendant never requested a credit card from Direct Merchants Credit Card Bank, and proof is demanded at trial. 4. Denied. The answer to Paragraph 3 is incorporated herein by reference. 5. Denied. The answer to Paragraph 3 is incorporated herein by reference. By way of further answer, the Defendant never utilized the credit card to make purchases, and never received any cash advances. 6. Admitted in part and denied in part. It is admitted that the Defendant did not pay any money to Direct Merchants Credit Card Bank. It is denied that the Defendant received any billing statements, or that the Defendant is in default of the terms and conditions governing the use of the credit card. 7. Denied. A demand for payment was never made to the Defendant. 8. Denied. The Plaintiff does not have a legal basis to recover attorneys' fees. WHEREFORE, the Defendant requests judgment against the Plaintiff. Respectfully submitted, LAW OFFICES OF PAUL BRADFORD ORR Carlisle, PA 17013 (717) 258-8558 Supreme Court I.D. No. 73471 VERIFICATION I verify that the statements made in the foregoing Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Dated: CERTIFICATE OF SERVICE I hereby certify that on this date, I served a copy of the Defendant's Answer via certified mail, postage prepaid, return receipt requested to the following addressee, at the following address: Burton Neil, Esquire BURTON NElL & ASSOCIATES, P.C. 26 South Church Street West Chester, PA 19380 ._,_ Ofirtle~, Gregory L. Esquire BURTON NElL & ASSOCIATES, P.C. BY: Jay H. Pressman, Esquire Identification No. 38800 26 South Church Street West Chester, PA 19382 610-696-2120 ATTORNEY FOR: Plaintiff DIRECT MERCHANTS CREDIT CARD BANK Plaintiff VS. ROGER GOODL1VE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2804 : CIVIL ACTION - LAW PRAEC1PE TO DISCONTINUE TO THE PROTHONOTARY: Kindly discontinue the above-captioned action without prejudice. BURTON NEIL S, P.C. BY: ~ Jap HJPres~man, Esquire V eY for Plaintiff 01-1284