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Home My WebLink About02-3966BURTON 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 MIDLAND CREDIT MANAGEMENT, INC IN THE COURT OF COMMON PLEAS CHARLES STEES JR Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Defendant CiViL ACTION - LAW COMPLAINT NOTICE You have been sued in com. 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. LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Assoc. 2 Liberty Avenue Carlisle, PA 17013 Telephone No. 717-249-3166--800-990-9108 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 MIDLAND CREDIT MANAGEMENT, INC. 5775 Roscoe Court, San Diego, CA 92123 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHARLES STEES JR 141 Columbia Road, Enola, PA Defendant NO. CIV1L ACTION - LAW Complaint 1. The plaintiffis Midland Credit Management, Inc. with place of business located at 5775 Roscoe Court, San Diego, California. 2. The defendant is Charles R. Stees Jr, who resides at 141 Columbia Road, Enola, Cumberland County, Pennsylvania. 3. At the defendant's request, Chase issued the defendant a credit card beating account number 4226-6103-5471-8807 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 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 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 pumhases 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 $10,673.45. 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. On or about January 9, 2002, plaintiff purchased the defendant's account from Chase 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 $10,673.45, the defendant failed and refused to pay all or any part thereof. 9. 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 $2,668.36 Wherefore, plaintiff demands judgment against the defendant in the sum of $10,673.45, attorneys fees in the sum of $2,668.36 and the costs of this action. BURTON NEIL & ASSOCIATES, P.C. Burton Nell, Esquire Attorney for Plaintiff The law finn of Burton Neil & Associates, P.C. is a debt collector. i:~fi~tion.~ This Agreement ccnsisG of this ranching your credit ~d, ~ e~r may ~ ~d~ time ~ time. You s~uJd read ~e c~Ole~e Agreemen~ ~ef~ly ~d ~e~D ~t ~ your r~cr~, in ~ Agreement, wc~ ~' and ~ou~ me~ ~y per~n {~ m~e ~ one, ~nd~uaJ~ and joint~) w~ is resp~nsz~te for y~r C~a~ ~g~ me a~zi~ m ~n ~e ~nt ~ r~re~ to ~e C~ ~ ~ ~ste~ C~ you ask~ for. ~ou agree to ~gn ~ prompt~ u~n r~eim. se~ic~ on cred~ from any ~cn who a~e~ ~ ~ ~e[sF). You ~y al~ ~ ~e Card to ebtmn loans ~e Dar~ tsuch as ~in fi~ial in~t~ons ~t hcn~ that dispense ~sh upon entering a proper PerSonal p[om/~ ~at eye.one will ~nor De Cgd or ,,~n~ ~auon zo you']t anyone reuses · ot them. We w I1 not ~= ;=k ~ = -, to a~pt e~ther ~ ,~,=. any merchant, any b~k or olher person d~s not ho~r your Card, Ch~k, or o~er form of r~uest for a Purch~e or Cash Ad~¢~, or ¢ails to provide any ~ice made available to you by us. Frcm time ~o time you may be required to Dmish identi~cn when your C~ is presented for use. Ob~]ning C~it ~thout A Ca~. If you or a~Ca~A~.r~use y~r.az:ce~t ~drLs a ~es ~J~, eb~ ~ ~ ~ a ~ ~ ~g~ eff~ ~ ~ ~e ~e ~ ~f~e ~r Gold ~ one, it your ~na[ or ~sgn~ C~ is ~sh~ at a ~dpat~ng organ~ati~ u~n you ~u~e ~ to ~ge ~e a~unt of ~e ~ to your U~ ~ Ch~ Each Ch~ mn~ins your ~ccunt num~. ~d ~ ~ ~ en~ by ~e pe~n(s) whose na~(s) ~S pfint~ ~ ~ ~ must ~ ~mptet~ a~ si ned in t~ ~e ~y as a regu~ pemonal c~. A ~h A~ ~ ~ider~ to ~ made ~d the f~ds r~e~ed ~ y~ on ~e d~e we pay ~e Che~. y~ ~ ~t ~ a Ch~ to ~y ~y ~ ~ ~e under ~Js Agr~ment. ~/~_~_n~t ~. ~.~ ~y Ch~ ~ we are ~t Cmdla Fer Refund=, ~f you ob~in a re,nd. ~m ~ ~ ~ ~ ~ '~ve ~ ~t to re~ ~ any ~ ~e ~rd(s) a~d ~ ~at w~ ~_ ~rovat ~y ~ ~ui~ in o~r dm~-~ .~. ~ ~rox~s_~e ~ 'a~ons." We may limit ~y o~ ~y. - ~ , ....... · ~- We are n~ ~i~p~ )~ ~d~r~ ~ ~on using your ~rd or yourA~nt ~ to pay a Che~.~ (1) Yeu¢ cre~ Rme o~ C~h ~ I~ has been e~ded or would ~ ex~eded by ~e tranSPort; (2} you ~ve failed to pay ~unts owed to us when due or have fafl~ to fol~w amy of the te~s of [hfs Agreemen~ (3) you have n~fied us or we have determ~n~ t~t the C~d or you~ Cbe~s ~ve or may have been ~os~ or.s:o~en, or that ~ere fn defau~ o~r ~gh~ under ~is Agreement have ~m~red or ~eA revu~cu, r At ~mes when ~r autho~zation system is not fully · "~ ,~a~. rot the. sa our a~or~tion a'~nt O~fi~at]o~ On Y~r aha ~r e o~r o~ ~s r~u~ng ~ the ~[~. :~-~. , ~y r]~C ~ ~ ~y ow~ ~. %~ ~ ~ r~i~e ¢~r any prea~odz~ or r~r~g cha~e~ ~r~ pr~m:ums ~iJl our AC<unt (su~ as ~, or ~l or ~--~-J~-~ ~ur .~nz on a r u/ar C~ged to ~ur A~unt u~er or ~es of the mean v .... ~s ~t thp a r~ment ~ ~un~ r~sible ~r ~g~ to ~r~ ~e~ ~r~ ~ o~ligat~ u~er ~is Agreeme '"~, ~, ~z~ ~. TOUr cr~j{ ]~e' ~d ~h ~ li~e a~ sh~n ~n ~ lold~ ~.nin out ~ue ~e~it line ~d ~ ~urchas~ or to ~n any Ca~ Adv~ces un~c~"~~ ~u~ ezmed ~ese limits. you do, we may dema~ ~at cn~ e or c "'¢'z. g ancel your credit line anw~, ~ ?~ we may "' any ~me wi~out p~or no~'~ ~ wilbur affecting your obligalion to pay amounts t~at you owe under this Agreement. ~y s~h ~anee or ~ellation may result from our pe~c rewew of th~ pefi~ma~e on ~ourA~unt an~or consumer credit repo~ we may obtain from ~umer repo~ag agencies (credit bureaus). Peri. Ilo ~ We ~tl .~nd you a ~ta~e~r~ for ~ ~ b~li~ ~ ~n ~ ~ On Y~r ~unt A~ pay~n~ mu~ be made by ~u ~ r~iv~ by ~ ~n a~rdan~ - ~ ~ ~ mo~y order ~yabte in U.S. ~l~m, or s~h other me~ ~ we may ~pm~Jy ~rm[ ~y ~em ~de using a ch~ or dra~ ~y not ~ pried or ~pJJed to yourA~nt f~ r~ns iq~Jng that it is: ~t~; ~n~mpJete (s~ ~ when a s~gna~re is mJ~ing); ~e nume~ amount ~ dEemnt than ~e ~en ~ount; or ~ ~s ~t made payabte ~ indited ~ur ped~ic ~tement Any pay~nt hs~men/~at ho~r~ by ~ur ban~ wi I not ~ a~/i~ to y~r A~nt nor ~JJ ~ ~ m~m~ ~ ~u. We ~y, b~ are not ~ti~/~ a~t any ~ent t~t ~ not dm~ ~ ~e U.& P~ ~ a fina~aj i~n J~ in ~e Un~ S~te[ We ~y ~ge y~ ~y ~ ~n f~ we ~n~r ~r ~y pay~n~ made ~ U.S. ~ drown ~ a We ~ a~pt ~te or ~ ~en~, a~ ~t ~e ma~ ~h ~e e~o~m~ ~ ~nt ~n ~i?, ~o~ I~i~ any of ~r At our optS, we may ~ y~ to skip ~r minimum ~nan~ Charges wii~ ~n~nue to a~e on ~e ~c~_ ~j~%,~, ~ ~yment peri~(s) ~d your ne~ r~uJred minimu~ mon~ Pa~ent ~ll ~ ~ on~ P~ent ~ ~, ~y pay ail o? any pa~ of ~ur balan~, ex.pt ~u m~ ~ at least .your minimum ~t. b~ '~ ~ ~ue ~aze. 'Your minimum payment ~ ~e total of: 5h mump~e~ ~y your ~urchases New Balance or $10 (or your entire Purchas~ New Balance if it is ~ than $10); plus °S/'~a~e~ 'amoun~ ~t the minimum payment f~i~ shown on the Pricing Schedule mu ~iP~ ha~ ,~u~ ~c~s ~ew ~alance or $10 (0r your entire Cash A~a~s New Bal~ce if it is le~ than $10); plus 3) any past due amount; plus 4) at our option. any amount you owe in ex.ss of yaur ~!oly ~ ~ayments ~n yc~r Acc:x~nt in a~ r~r~ ~ym~ ~ ~e ~te we ~- ~_~n .p~z your ~ you ~v r~n ot,~ ...... Z'Z~ "'~"~ ~ ~t avail~e ~e ' ~, ~en~ ~y ~ rest~ ~ of the · e fun~ are ~ll~t~ ~y ~. All ~s for Iflsti~ on which ~e ~ of Pa~en/was d~. In rare ~mum~, m~ofing ~e c~Jt a~l~le ~o you by m~on o~ your ~ts ~y be fu~er detay~. C~dit ~la~ And Ov~aym~. if ~ere is a med~t b~a~e on yourAcmunt or~u make . w~ ~eat~ a cre~t ~.~ ..... .,, ~ ove~yment ~ounts owed. If ~ ~.~:,,"~ w~ ~PF ~ to ~ture / ~ -~ w~, m~uno any cr~it b~an~ ~ed to y~. Ev~ ~ y~ do net ~k. ff a credit greater ~ Sl re.ins in your ~nt for 6 monks, we WiJJ a~O~JJy S~d ~U ~e Cr~it ~ ou~t~ing that ~e. We may ~ar~ ~ your ~unt and ~u agree ~nan~ Cha~. ~ C~ ~n ~ur ~a~e on ~rch~ ba~ ~ a C~h ~ tran~jon fee. ~is Agreement ' ~~ of Rna~a Cham~ P~wdes for the ~lan~ ;~,~-J~ ~Y ~ ~ ~ "aw--- ~-'' r~e average ~ily ~a~a~c~ ~ra ~culaled for ~ ~ ~X ~ -~nm~y ~d~i'~ ..... -. . --~ Cha~e in ,~e_~L ~. ~, ;m ~ ~ ~ne' ' ~pl~s for me.~mpu~on of ~e aw ....~.:,::~ , d~le Purchases multiplied by th. ~-,~. ~'~ ua~? ~zance ~ ,,~ ,,,~u~ ~n~ rate. Average Daj~ Balance. Here is how we determine each ol your average dai~y balan~s. For each day in the billing ~cte, we ~ke that da~s b~inning bal~e ol Purc~ses or Cash Adv~c~ ~ your Acmunt, add new Pur~ases, new Cash Adv~s ~ deb~ to ~e appropriate bal~ce and subtra~ ~y ~yments or ~edits ~rom the appropriate ~a ance as of tha · - da~ly balance fo~ Purchases a~ t~. ~y.,T~s g~es us the ,,c u~,y ~alance for Cash ~', .,~ ~.,~'., ."u~ran~s &aily bit~aa:~ ia' ~e bil~ ~ng ~e. {n~ ~ ~ ~ a~ ~ b~a~ for Peri. lc ~te. The monthly periodic rates ~ed to ~ ~ and C~ A~ ave~ ~'ly ~e In ~e ~n~ ~ule. ~a~le Rate Ind~ and U~n" infor~on for any p~t~ ~te ~a: ~/ies to y~ A~unt, ~t m~ Js a include such ~ab~ Rate lnd~ ~d Ua~in' info~a~on for ~ny ,~Jcul~ ra~ (as ~t~ by ~ ~/A' for 'not a~i~b~e or ~ ~e ot su~ info~ti~ Jn ~e Pddng ~ule). ~t rate is ~ a~ ~e d~sures be~ow , ,,~ ~[e ~t ~ly to your n~nal ~nu~ Per~n~ge ~te. I~ ~e tn~x is nat ln~x we use in ~i~ ~e m~th~ ~ rote for uweat crime Hale pub,shed ~ o~er n~r of ~.~,~y us. i~x. It is. n~r ~ ~ ~, ~.~ri~r~.~ td represent, ~e m~st or the b~ inter~t ra~ avajla~o a ~'~ ~[~ ~ az ~y ~n time. ohm9 peri~ic rote .~ Purch~ ~'~ :~ases ~en relevant date, and d~reases wh~ '~e r~levant date. An increase in ~e ra~e m~ns y~ pay a pay~nt. A d~rease in ~he ra~e means you pay a smaller Rn~e C~rge ~d a tower m n/mum ~thl There ~ ~ limit on the am~n~ ~,, ..,,:-~ ,~ p y - ' pen~c rate and the ~rr~nd~ng ~n~l Per~ntage Rate may change at any one b'me of ove~ the.life of your Ac~unt. For instant, ~ ~e ~nuaJ Percentage Rate were - *Il ir~ease by ~H,. 17 Der mo~. F~nance Charges are ~ ~ A~unt (~i~er is later), or, at our ~tJ~, mn~n~e to a~e un~l pa~ent ~n fuji ~ r~. Howe~e~ the~e js ~ Pu~ase ~n=~ ~, ...... ' ~ on ~ur ~temen/) ~s z~m or Jf Jt is ~d a~ ~Jt~ in f~ by ~ ~ at ~at bi~JJng ~cJe. B~ause of ~e ~ner in ~h pa~ are ~pJied to your Ac~unt, ~ m/n/mum due on A~a~ ~J~m(s) must ~ ~ pa~ Jn or~r to avoid Rn~ C~s on Pu~. . r~. ~ame Jn ~ .... ~Y ~ a ~c~ le for e~ C~h A~m ~[ ~ ~ r C~ ~e fU~ fe~ ~=7""- , Jn~e~a~on, ~e f~ ~ ~e ~ not ~ · ~n~ ~h~ F~. A ~r~ej~;~ by y~ w~ether or ~t ~r ~unt ' ~es Slip or DuplJm~e S~tement F~. A f~ you ~u~t. ~e fee ~ not Owed ~ a r ~ese~e Boar~ Requ~a~n Z ~ ~c,~n~ ~y ~e Pederal ' ~te Payment C~rge. A ~ee Jm~sed for any minimum monthly paymen~ whie~ is not paid by the Pay~nl Due Date shown on your monlhiy peri,it ~ta~emenL ' Relum~ ~ayment Charge. A ~ee im~ ~ur ban~ ~1 ~t honor your ch~k ~ pa~e~ in~t~m~i or ~nnoi pr~e~ · ~edimit Fee, ~i~ fee is im~ed ~ . - in which your Ac~un~ ba/anc ~r~,_~any ~{~ cycle Ceftin C: rcjes your Ac:ount is in ~e of ~ ~ ~ ~i~ ~'~n. in ~ ~, ~ ~r~a~ns ~y ap~ in ~e P~ ~ule are: AL (~), CA (Caifom~), CO (C~lomdo), lA ~Jowa~, ID (Idaho, ~n~n) ~d ~ ~oming). Your P~e S~edule ~y ndude on~ ~e o~ ~e s~ate a~re~a~s. C~ l~u~, ~y ~ [nsu~ce offered in premJu~ zo ~ur ~t ~d you agree to ~y ~m ~r~ w~ ~ Agr~me~ ~uire ~t ~ to~ o~i~ ~an~ ~ ~d (~is · - . · . ~", t~) you ~1 to ~ an ~nzow~u~ r Y Y ~n" . ,~z ~ pr~ ~at ~ pa~em zn o~r to t~ke this a~n. -- y ~ll~n Co~ ~d A~omey~ F~. ~ ~ed ~ ~aw*' ~.~ ~ ~t ~1~ ~ona~e ~omey fees, co~ ~n~ o~er m~J~on c~ actuaJJy incu~ b i -- . - .... ~-=u~unuer~sagmemen/ ~enem~ To ~ls AgmemenL We ~n amend any ol ~e ~ ot th~ment at any Ume, ~d we ~n ~t ~he eff~ve any ~ ~~. ~ no~ you by mail o~ any such a~nd~nt as required by law. ~ ~ ~ ~ ~ ~ement ~n app~ to all outstanding unpaid tndeb~ss and an~ tu~m~t~.~,.~r ~ccou~t '~y Change w~fch would mcrea~ ~e rate of F~nce C~a/ge Charges, or lm~se a fee or charge not s~ loCh'in this Agreement will ~ effect~e only ~ you agr~ to ~. You ag~ to an amendment if: (1) aRer 30 days from the date we ~i1 ~ nofi~ cf the c2ange (or such later date ~nd[~ted In the no~ce), you do not give us not[~ feinting ~e c~ange at the ~ddre~ we specie; (2) you use ~he A~ount (even if you wrote to .~_~r p~ u~er ~e,~_~~ ~ ~ = ,,o]. ~ve w,~j ~ YOU of a ~n. Y~ agr~ th~ you w~l n ~ge~nts f~ pre~o~ ~ r~ ' A~unt You ~re sZ~I r~D~n ~w~ ~.._~g ~g~ ~ your A~s made on y~r A~um even after ~ ~s ~. ~' ~n~ ~ ~ You rem~n I~le for ~y ~r~ ~ to a ~nl a~unt ~hd~ .... y~ur ~un/~v w, · ~c~ ur ~O~e ~0 W~ ...... '-~ ~' g~ven ~ had ~ed a ~rd on y~ ~0 pdor to c~ng ~ ~ ~n ~ and ~i~ us of ~e For ~y ~%aEon ~ ~ ~..~ Y~ re~ ~ ~ ~, ~ ~ · ' ~e ~ ~r~ inter~ in ~r ped~l~ from o~ ~-- ~ ~Y ~ /C~;~k,,.~_ -~ "~ u~ ttiore ~U~~ .~..~. ' ~" '- ~nn~n ~ your~ppl~.~ti'~ ~nd any .U~te, rene~l or e~m. ~, ~'~t~ ~ ~:~. [~ ~u r~ues/ .~,, ,..., ~... ~umer re~ w~ r~ . a~li~cn a~ in any cr~it re~ on you w~ any a~iiates ~d others f~ pu ~e ' . · . of Notices ~d Change ~ ' 'JrJ~ anb any other Your A~_~,W~%~ notices to you at ~e addre~ shown for you in our ~l~. It this is a joint Account, we ~ send s~temenls and no~ces to e~her of y~. You promise ~ inform us Pr~ptly of ~y c~nges in your addre~. You ~y write to us at ~e addre~ listed below. To improve customer se~ and ~uri~, your telephone ~mmuni~ti~ns with us ~y be monitored or recorded. P°m/gn Currency T~n~ctions. Transa~ionS on ~ ~bn ~te is gener~ e~r a manet rote or a government-man.ted rate in eff~ me day bet~ the ~on ~r~ing date, i~e~ by one potent. ~e cu~ency conversion rate ~ on the pr~ d~e may ~ ~om ~e rote in eff~ on the ~on date or ~ ~e~ic s~temem ~s~g daze. We ~ not set ~e ~rren~ ~ers~ rote nor do ~ re~ive ~y po~on of ~. ~em Ag~m~t Made, Who Is aou Agreement b~ame .~.~ :_ ~, ~. ~"~"-~ .~ ueaware ~ere we ~prov~ your Accoum. In adStion to o~er ~ys in you may ~ve indi~t~ ~ur mns~t to ~ ~, this Agr~ment ~i~ to you if you u~ ~e .~Ja~ Enfom~me~ We may deJay enf~ng enmr~ ~y of our ~gh~ un~r ~is Agree~nt ~ any of ~em. ~sf~e~nt ~ =..~:~ ~ .. Agre~nt and ~w ~t ~pli~. ~ la~ of t~ Un~ S~t~ of America and the State of Delaware apply ~' this Agr~ment and to your use of your Card and your AccounL · , your C~s y~%m ~?~ For Unamho~ed U~ ~ , may ~ ~able for ~e una-,~--~ . Y~ ~ ~h not ~ li~le "" ~ '~ m Tu~ ~.'t~ f°r~iz~ ~ ~at ~ a~er you ~ntrol Division, by w~ing to PO ~ 2~ p of the t~, ~e~, or ~sible unau~z~ u~ ~.~. exc~a ~. You anr ~, ~ .......... ~ ~ w~, not '~, '~hz'(or ~yone to w~m you lend ~ ' Card) is au~dzed to m~e ch~.~--~- _ g~ve y~r by you. Su~ a~ ,~;~'~ aunc~ ~not ~e ~mited' ~,,z ~,,, cun[~nue una] you re~ke il by notj~ ng us', ~tainJng ~he Card in your ~hy~l ~s~on, and ~ ~ is a Card issu~ to an autho~z~ user, by cuing it in haft. lfyofl re~ive a ~enefil from the u~ of your Card ar Account.. by another person, such use ~lt ncr be lr, qulrle. Or Ouestkm~. You may ack,teas e. rrot% inquiries or q~ v~i~ . ~ . any t~llincd ~ccoun! ~ l~e aMa,~ ,,, ,,~__ ~ r~.v.e a~ou~ your --...~ ,,, ~,~ne number ~ste~ on your monthly statement, ff you te~e~tone us ~-smad ot writing, you nmy lose cer'm/n rigt~ the law g~ves you to ~s~ute billing errors. ~t~a.¥ request you ~o t~rovJd,,~ ,,~ ,,,~, ,..n_~_q r~.e,s, ot claims. We ~ocumem(s) or o~err~;~.~_~...''"' !urmer ~n_;~'m~tion, si agree t~ mmnl,, w~ -:i~-'=~ u~ ~n our e.~oCs. If so ~ ----,-, ,,,, ,~ur treasonable reques~ w~tt'~in the't/"~ ~mit-s/ndicated by us. It you refuse to a.s.s~t us as requested ~cdurW. e lose our nghts, you may be ,iable for any ~ we YOUR BILL~HG RIGHTS KEEP THIS NOT/CE FOR FUTURE This no~ca conlaJns impotent informa~on a~ut your tights and out responsibilities under the Fa'r Cred/t Act. Hat, fy U~ In Ca~e Of Error: Or Your Bill. If you ~hJnk Que~on.s ~P~ate ~et ~ ~ a~r~ ~ ~om ~ ~ later ~ ~ da a~/e. We telephone us b~ ~ing ~ ~1~ b~., ' four ~a~ ~ A .... ,~-~ ~ bdl~ar ~ount of the s~p~t~ ' *1 ~d~ ~e e~m ~ ~,, % '~ ~, '~Y you ~ ~eve t~re ~ ~. error. ]f you ne~ de~be - If you have ~dz~ us to ~y your cr~ ~rd b~ auto~y (~ ~ ~gs or C~ng a~unt, you mn stop ~e ~ent on ~ arno· · · ~ ~esponsibili~s AHer ~e ~ece~e Your ~en Not~ce. We mus~ acknowledge your ~er ~n 30 ~ys, u~less we ~ave co~t~ ~e error by ~en. W~in ~ ~ys, we must e~er co~t t~e error ex~lain why we ~lieve ~he bill ~s ~. A~er we r~e[ve your ~e,er, we ~t ~ to ~le~ any ~ount y~ ~uesNo~, or [e~ you as delinquent. We ~n ~nt~nue to bll you for ~he ~unt you ques~on, including sffi o/:~Jgaled to pay tim {:arcs of your I~1{ that a~e not in question. If we fi~ we made a mistake on your b~]l, you wit{ not have to pay any Finance Charges reiated to any questioned amount. If we didn't make a rni~ake, you may have to pay Finance Charges, and y~j wi{{ have to make ~ any missed payments off the questioned amount In e~er case, we wfJl send you a statement of the amount yod owe and the date that it is due. If you ~1 to pay the amount that we think you owe, we may report you as delinquent. However,/f our exportation does not satisfy you and you w~e to us within ten days teJJing us h'lat you stiJi refuse to pa),, we must tell anyone we report you to that you have a quest~n about your i~{{. And we must tel/you tJle name of anyone we reported you to. We must tell anyone we repori you to that the rnal2et has been ff we don't foil~w these rules, we can't c~{ect the fJmt o~l HUm For Cfm:lit Ca.-d Imum~m. {f you have purchased w~ a credit card, a~ you have tried in good f~ to correct'the pTublem with the merchant, you may have the dght not to pay the remaining amount due on the oreuerty. se~ces.-]'J~ere are'two limitations on this right: (a) You must have rT~de the purchase in your home sta~e_,~ {f. onY.~tbio, your home sta~e, within 10~ miles of your current ma~ljng merchant, or if we mailed you the adve~sement for the -l'i~E EF~ASE MAtqHATFAN BANK (USA) (Name of authorized representative) Verification (Title or Position) for Midland Credit Management, Inc. 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. Name SHERIFF'S RETURN CASE NO: 2002-03966 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CD74BERLAND MIDLAND CREDIT MANAGEMENT INC VS STEES CHARLES JR - REGULAR 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 STEES CHARLES JR the DEFENDANT , at 1259:00 HOURS, at 141 COLUMBIA STREET ENOLA, PA 17025 CHARLES STEES JR on the 6th day of September, 2002 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing ~is 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 /33 _ day of A.D. 'P~oth0notary" So Answers: R. Thomas Kline 09/09/2002 OLIN NEIL HA~~ By: / Deputy Sheriff BURTON 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 MIDLAND CREDIT MANAGEMENT, [NC Plaintiff VS. CHARLES STEES YR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3966 : CIVrL ACTION- LAW NOTICE OF INTENTION TO FILE PRAEC1PE FOR DEFAULT JUDGMENT TO: Charles R. Stees Jr 141 Columbia Road Enola, PA 17025 DATE OF NOTICE: October 1, 2002 12VI~PORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or obligations to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the follgwing office to find out where you can get legal help: LAWYER REFERENCE AND INFORMATION SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. 717-249-3166--800-990-9108 BURTON NEIL & ASSOCIATES, P.C. BY: Burton Nell, Esquire Attorney for Plaintiff The firm of Burton Neil & Associates, P.C. is attempting to collect a debt. MIDLAND CREDIT MANAGEMENT, 1NC 5775 Roscoe Court, San Diego, CA 62123 Plaintiff VS. CHARLEs STEEs JR. 141 Columbia Road, Enola, PA 17025 Defendant To the Prothonotary: : 1N THE COURT OF COMMON PLEAs CUMBERLAND COUNTy, PENNSYLVANIA NO. 02-3966 : CIVIL ACTION - LAW Praecipe for Default Judgment Please enter judgment by default for want of an answer th the the defendant, and assess damages as follows: above Principal: $10,673.45 Attorneys Fees: $2,668.36 Total: $13,341.81 case in favor of the plathtiff and against AND DAMAGES ASSESSED AS ,.AI~., OVE. A.R. CIV. p. 236 Pro Prot~honotary BURTO~NEIL & ASSOCIATES, P.C. Burton NeilTE~uir--'i~e~ Attorney for Plaintiff I.D. #11348 The law firm of Burton Nell & Associates is a debt collector. PO Box 356, W. Chester, PA 19381 Understanding that false statements hereth made are subject to penalty under 18 Pa. C.S. § 4904 relating to unswom falsification to authorities, I verify that: 1. The ab°ve are the precise last'known addresses of the judgment debtor and creditor. 2. The annexed notice of/mention to file this praecipe was mailed to all parties a ai · · entered and to their record attorneys, if any, after g nst wh of this praecipe. , the default occurred, and at least ten -~ · om Judgment ~s to be u~ys prior to the date of the filing 3. The sai? defendant is not m the Military Service of the United States or its Allies or otherwise within the coverage of the Soldiers' and Sailors' Relief Act of 1940, as amended, is OVer 18 years of age and has a civilian occupations. JUDGMENT BY DEFAULT ENTERED MIDLAND CREDIT MANAGEMENT, INC., Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. CHARLES STEES, JR. NO. 02-3966 Defendant VS. FULTON BANK, Garnishee : CIVIL ACTION - LAW ANSWERS AND OBJECTION OF GARNISglEE, FULTON BANK, TO INTERROGATORIES TO GARNISHEE VOTH NEW MATTER TO: Midland Credit Management, Inc. c/o Burton Neil, Esquire 26 South Church Street West Chester, PA 19382 ATTACHED, please find Garnishee, Fulton Bank's, Answers and Objection to Interrogatories to Garnishee. Respectfully submitted, Dated:-'~ 20-53/59944 By: CAI~WELL & KEARNS JameS. ~lil~inger, Esquire Atto~ey yD. Nx~O!7159 3631 North Front btreet Harrisburg, PA 17110 (717) 232-7661 Attorneys for Garrdshee At the time you were served or at any subsequent time did you owe the defendants any money or were you liable to it by virtue of monies held by you on deposit or otherwise on any negotiable or other written instrument or did defendants claim that you owed them money or were liable to them for any reason. At the time you were served or at any subsequent time was there in your possession, custody, or control or in the joint possession, custody, or control of yourself and one or more other persons any property of any nature owned solely or in part by the defendants? NO. If the answer to 1 and/or 2 is yes, please specify the nature of the property and, if money, the amount. N/A At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? No. At the time you were served or at any subsequent time, did you hold fiduciary any property in which the defendants had an interest? NO. At any time before or after you were served did the defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration therefor? Objection is raised as to that portion of Interrogator? No. 6 relative to transfers or delivery prior to service of the Writ, and same is, in such form, unreasonable and burdensome, and without relevance to this proceeding. With response to that portion of Interrogatory No. 6 that seeks information relative to transfers or delivery after service of the Writ, the response is no. At any time after you were served did you pay, transfer, or deliver any money or property to the defendant or to any person or place pursuant to hi:s direction or otherwise discharge any claim of the defendant against you? No. served a copy of the within document on the folli3~ving by depositing a tree and correct copy of the same in the U.S. Mails at Harrisburg, Pennsylvania, postage prepaid, addressed to: Burton Neil, Esquire P. O. Box 356 West Chester, PA 19381-0356 Charles Stees, .Ir. 141 Columbia Road Enola, PA 17025 CALDWELL & KEARNS VERIFICATION i,~&, ~q~t~kL~.. ~_ , Representative of Fulton Bank, who, having authority to execute this Verification on its behalf, verify that the statements and averments contained in the foregoing Answers and Objections to Interrogatories to Garnishee are tree and correct upon my personal knowledge, information and belief. ! understand that false averments herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to m~swom falsification to authorities. By: {"-' ) Dated: July 28, 2003 SHERIFF'S RETURN CASE NO: 2002-03966 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND - GARNISHEE MIDLAND CREDIT MANAGEMENT VS STEES CHARLES JR INC And now VALERIE WEARY Cumberland County of Pennsylvania, to law, at 0010:58 Hours, on the ,Sheriff or Deputy Sheriff of who being duly sworn according 9th day of July , 2003, attached as herein commanded all goods, chattels, rights, debts, moneys of the within named DEFENDANT , STEES CHARLES JR hands, possession, or control of the within named Garnishee FULTON BANK 6520 CARLISLE PIKE DRIVE credits, and , in the MECHANICSBURG, PA 17055 Cumberland County, Pennsylvania, by handing to KRISTINA WOLF (TELLER) personally three copies of interogatories together with 3 true and attested copies of the within WRIT OF EXECUTION and made the contents there of known to Her Sheriff's Costs: Docketing .00 Service .00 Affidavit .00 Surcharge .00 .00 .00 R. Thomas Kline Sheriff of Cumberland County 00/00/0000 Sworn and subscribed to before me this /~,z, day of~ ~a)~ A.D. otary " By BURTON NElL & ASSOCIATES, P.C. By: BurtonNeil, Esquire Idantification No. 11348 26 South Church Street West Chester, PA 19382 610-696-2120 Attorney for Plaintiff MIDLAND cREDIT MANAGEMENT, 1NC Plaintiff VS. cHARLES STEES JR. Defendant and FULTON BANK Garnishee IN THE COURT OF coMMON PLEAS cUMBERLAND coUNTY, PENNSYLVANIA NO. 02-3966 CIVIL ACTION - LAW Praecipe to Dissolve Attachment To the Prothonotary: Dissolve the attachment against FULTON BANK, garnishee. BURTON NEll_, & ASSOCIATES, P.C. BurtonNeil, Esqki Attorney for Plaintiff R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Surcharge Levy Post Pone Sale Garnishee TOTAL 18.00 1.51 .50 1.00 6.90 20.00 20.00 9.00 $ 76.91 Advance Costs: 150.00 Sheriff's Costs: 76.91 $ 73.09 Refunded to Atty on 05/06/04 Sworn and Subscribed to before me So Answers; By Claudia A. Brewbaker BURTON NEIL & ASSOCIATES, P.C. By Burton Nell, Esquire Identification No. 11348 26 South Church Street West Chester, PA 19382 610-696-2120 Attorney for Plaintiff MIDLAND CREDIT MANAGEMENT, INC Plaintiff VS. CHARLES STEES JR. De~ndant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3966 : CIVIL ACTION - LAW PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Mark the judgment Satisfied on payment of your costs only. BURTO~ NE, IL & ASSO£IATES, P.C. By: ~ ~" ~_ Burton Neil, Esquire Attorney for Plaintiff 02-901