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Home My WebLink About02-4933IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIRST SELECT, INC. Plaintiff VS, DENNIS E. SHIRLEY COMPLAINT IN CIVIL ACTION Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02689992 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIRST SELECT, INC. Plaintiff VS. DENNIS E. SHIRLEY Defendant Civil Action No. C~OMPLAINT IN CIVIL ACTION AND NOTICE TO DEFENi j 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 written appearance persona~ly or by an attorney 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 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 p~aintJff. 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 REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIRST SELECT, INC. Plaintiff VS. DENNIS E. SHIRLEY Defendant COMPLAINT AND NOW COMES, Plaintiff, First Select, Inc., by and through its counsel, WELTMAN, WEINBERG & REIS, CO., LPA., and hereby files this Complaint against Defendant, Dennis E. Shirley, and, in support thereof, Plaintiff avers as follows: 1. The Plaintiff, First Select, Inc., is a corporation with its principal place of business located at 4460 Rosewood Drive, Pleasanton, CA 94588. 2. Plaintiff is the owner of this account, which is the subject matter of this action. 3. Defendant is an adult individual residing at 513 Bridge Street, Apt 5, New Cumberland, Cumberland County, Pennsylvania 17070. 4. Defendant requested the account and made use of said account and has currently a balance due and owing to Plaintiff, as of September 26, 2002, in the amount of $4,602.92. 5. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, Dennis E. Shirley individually, in the amount of $4,602.92 with finance charges thereon at the rate of 6% per annum from September 26, 2002, plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. LI'IAM T. MOLC~N, ESQUIRE PA I, D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#: 02689992 'vERIFICATION The undersigned does hereby verif~ subject to the penalties of 18 PAC S § 4904 relating to unswom falsifications to authorities, that he is JEFF SW.ZaN, Designated Agent of First Select [nc., plaintiff herein, that he is duty authorized the make this Verification, and that the facts set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief JEFF SWAN SHERIFF'S RETURN CASE NO: 2002-04933 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS SHIRLEY DENNIS E REGULAR KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHIRLEY DENNIS E the DEFENDANT , at 2045:00 HOURS, on the 1st day of November at 513 BRIDGE STREET APT S 2002 NEW CUMBERLAND, PA 17070 by handing to DENNIS SHIRLEY 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 Service Affidavit Surcharge 18 00 11 73 00 10 00 00 39 73 Sworn and Subscribed to before me this LQ day of 7/~u~ f~ ~2W~2~ A.D. othonotary ' ' So Answers: R. Thomas Kline 11/04/2002 WELTMAN WEINBERG REIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIRST SELECT, INC. Plaintiff VS. DENNIS E. SHIRLEY No.02-4933 CIVIL TERM STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building Pittsburgh, PA 15219 (412) 434-7955 WWR#02689992 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIRST SELECT, INC. Plaintiff VS. DENNIS E. SHIRLEY Defendant Civil Action No. 02-4933 CIVIL TERM STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT AND NOW, comes the Plaintiff, by counsel, and the Defendant to Stipulate to Settlement and the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of $4,602.92 with continuing attorneys' fees and interest thereon at a rate of 6% per annum plus costs from September 26, 2002. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, Dennis E. Shirley, in the amount of $4,602.92 plus continuing interest thereon at the rate of 6% per annum from September 26, 2002 and costs. 3. Plaintiff agrees not to Execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $180.00 was due by November 10, 2002; (b) no less than $180.00 per month due on the 10th day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 4. All payments are to be made payable to the order of "First Select, Inc." 5. The first payment due under this agreement, on November 10, 2002, was to be received at the offices of First Select, Inc., Payment Processing, 1100 East Arbrook, Arlington, TX 76014 and all subsequent payments are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff sha~l be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is final and complete. 9. Intending to be legally bound, the parties set their hands and seals this day ofl~ THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS CO., L.P.A. Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building Pittsburgh, PA 152 l 9 (412) 434-7955 DENNIS E. SHIRLEY WWR#02689992 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIRST SELECT, INC., Plaintiff No. 024933 vs. PRAECIPE FOR SATISFACTION OF JUDGMENT DENNIS E. SHIRLEY, Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt PA I.D #42524 WELTMAN, WEINBERG & REIS CO., L.PA 2718 Koppers Building 436 Seventh AVEinue Pittsburgh, PA 15219 (412) 434-7955 WWR#02689992 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FIRST SELECT, INC., Plaintiff vs. Civil Action No. 024933 DENNIS E. SHIRLEY, Defendant PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG & REIS CO., L.P.A. -.----.- ':)f, By: James PAI.D WEL 271 43 Pi urgh, PA '15219 ( 2) 434-7955 ...,..--". ...-< . "'- ~ )- ,J Of Pittsbur4~' i"'1mrnk'<)!1 ~'--",,:;,-,, , WWR #02689992 Sworn to and s~cJibpd before me this ~ day of, ry, 05 , / ~:;~~ , .;,'..11 1",,,,') (-;'? r<-\ c" -