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Home My WebLink About01-2156 FX . , Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 FIRST SELECT, INC. 4460 Rosewood Drive Pleasanton, CA 94588 Plaintiff v. BAYARD W IDLER and JUDY M IllLER 117 PLEASANTVILLE PARIS NEW CUMBERLAND, P A 170700000 Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. QI - ::J.t ~ L r,u~~'--rVUL - COMPLAINT - CIVIL ACTION NOTICE TO DEFEND A VISO You have been sued in court. If you wish to defend Le han demando a usted en la corte. Si u'ted quiere defenderse against the claims set forth in the following pages, de eslaS demandadas expuestas en las paginas siguentes, usted you must take action within twenty (20) days after tiente veinte (20) dias de plaza al partir de la fecha de la this complaint and notice are served, by entering a demanda y la notification. Hace faIta asentar una comparencia written appearance personally or by an attorney and escrita on en persona 0 con un abogado y entregar a la corte f1ling in writing with the court your defenses or enforrna escritas sus objectiones a !as demandas en contra de objections to the claims set forth against you. You su persona. Sea avisado que si osted no se defende, la corte are warned !hat if you fail to do so the case may tomara medidas y puede continuar la demanda en contra suya proceed without you and a judgment may be entered sin previa avisa 0 notification. Ademas, la corte puede decidir against you by the court without further notice for a favor del demandante y requiere que usted cumpla con todas any money claimed in the complaint or for any other las provisiones de esta demand.. U sted puede perdes dinero 0 claim or relief requested by the plaintiff. You may us propriedadedsu otros derechos importantes para usted. lose money or property or other rights important to you. LLEVE ESTA DEMANDA A UN ABOGADO YOU SHOULD TAKE TIllS PAPER TO YOUR INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO LAWYERATONCE. IF YOU DO NOT HAVE A TIENE EL DINERO SUFFICIENTE DEPAGAR TAL LAWYER OR CANNOT AFFORD ONE, GO TO OR SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEPHONE THE OFFICE SET FORTH BELOW TO TELEFONO A LA OFFICINA CUY A DIRECCION SE FIND OUT WHERE YOU CAN GET LEGAL HELP. ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONOE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave Carlisle, P A 17013 (717) 249-3166 ~)~.......,.,.,-~ v ! ~ ASSOCIACION DE LICENCIADOS DE CUMBERLAND 2 Liberty Ave Carlisle, PA 17013s (717) 249-3166 , Ron Z. Opher, Esquire Attorney for Plaintiff Attorney #57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 FIRST SELECT, INC. 4460 Rosewood Drive Pleasanton, CA 94588 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff v. BAYARD W lllLER and No. JUDY M IDLER 117 PLEASANTVILLE PARIS NEW CUMBERLAND, P A 170700000 Defendants COMPLAINT - CIVIL ACTION COUNT ONE 1. The Plaintiff herein is FIRST SELECT, INC., a Delaware corporation located at 4460 Rosewood Drive, Pleasanton, CA 94588. 2. The Defendants herein are BAYARD W IDLER and JUDY M HILER, adult individuals located at 117 PLEASANTVILLE PARIS, NEW CUMBERLAND, P A 170700000. 3. Plaintiff is the owner of Defendants' credit account number 4168100013231111. 4. The Defendants, at all times relevant hereunder, knowingly requested the funds at issue, and knowingly and voluntarily accepted the benefits bestowed and the terms and conditions linked thereto. 5. The balance due and owing on said account as of March 15, 2001 was $13463.39. A true and correct copy of an account summary is attached hereto and marked Exhibit "A". 6. Under the terms of the parties' agreement, additional interest has accrned, and continues to accrue, from March 15, 2001, at the rate of 18.00% per annum. A true and correct copy of the relevant account agreement terms is attached hereto and marked Exhibit "B" . 7 . In addition, Defendants agreed to be liable for Plaintiffs actual costs of collection, including court costs and attorney's fees. See Exhibit "B". ::11~ , ~ .[' ..", I -T".'< _ r .,,~ 8. The actual attorney's fees in this case are contingent on recovery, at 10% of amounts recovered before entry of judgment and 30% of amounts recovered after entry of judgment. 9. Plaintiff has in all respects fulfilled all conditions precedent to its obligations on the contract and for bringing this Complaint for damages. 10. There is no offset known to Plaintiff on the amount set forth in Paragraph 5. 11. Despite repeated demand by Plaintiff, Defendants have refused and continue in failure and refusal to pay Plaintiff. WHEREFORE, Plaintiff demands judgment in its favor against each Defendant, jointly and severally, in the amount of $13463.39, plus interest at the contract rate of 18.00% per annum commencing on March 15, 2001, plus attorney's fees at the rate of 10% pre-judgmentJ30% post- judgment, and costs of this action. COUNT TWO Plaintiff also claims alternatively on the basis of quantum meruit or Quasi Contract. 12. Paragraphs 1 through 11 above are incorporated herein by reference as though fully set forth. 13. Plaintiff was neither a volunteer nor an officious intermeddler. 14. Plaintiff is the owner of said credit account. 15. Plaintiff expected payment from the Defendants for said credit in the amount set forth above. 16. The amount claimed is the fair and reasonable market value for said credit. WHEREFORE, Plaintiff demands judgment in its favor against each Defendant, jointly and severally, in the amount of $13463.39, plus interest at the contract rate of 18.00% per annum commencing on March 15, 2001, plus attorney's fees at the rate of 10% pre-judgmentJ30% post- judgment, and costs of this action. BY 0p Dated: April 9, 2001 Ron Z. Opher, Esquire Attorney for Plaintiff -c_~~m>:'I~~,_" _,_~ r.e' , nt'/1 :~~~~, ~ VERIFICATION I, SUE ORTI;4 , hereby state: 1. I am an authorized agent of the plaintiff in this action; 2. I verify that the statements made in the foregoing Complaint - Civil Action are true and correct to the best of my knowledge, information and belief; and 3. I understand that the statements in said complaint are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATED: 4/9/01 ( . .~ - ;~ I.... ...-~,=~ '''~''''''''"'___ , ANN MARIE TARVIN \ .. TCSI 001 CODE IHB ACCT 4168100013231111 CYCLE 15 AGENT 2401 ( 12 MONTH HISTORY )::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: SCREEN SELECTION ( 1 2 1 4 ) CURRENT (01) 03/15/01 (02) o I 1 I .00 I 25.14 I 269.00 I 269.00 I o I 0 I .00 I .00 I o I 0 I .00 I .00 I o I 0 I .00 I .00 I o 0 I 25.14 .00 .00 .00 .00 .00 .00 .00 .00 .00 868.53 183.39 1.00 1.00 13,463.39 13,463.39 PAYMENT 031201 MIN PYMT PURCHASE CASH ADV 103100 CREDITS MISC CHG INS FEE LATE CHG OVRL FEE PURC F/C CASH F/C LIMIT BALANCE 02/15/01 (03) o I .00 I 266.00 I o I .00 I .O~ I o I .00 I o I .00 I .00 I .00 I .00 I .00 I 200.04 I 1. 00 I 13 ,305.14 I ;> HILER BAYARD W 01/15/01 (04) 12/15/00 1 I 0 25.00 I .00 524.00 I 517.00 o 0 .00 I. .00 o 0 .00 I .00 o I 0 .00 I .00 o I 0 .00 I .00 .00 I .00 .00 I 20.00 .00 I .00 .00 I .00 197.23 I 188.25 1.00 I 1.00 13,105.10 I 12,932.87 ::::::.:::::::::::::::::::::::::::::::: :::: :::::::: ::::::::::: :::::::::::::::::: '-~~M>,W~ ~ ~, .._~ "' _ M ""'!_~. -,' - r"'G"G G?~.~_ j "'"",,!~ ~: ,I:~,~' ~! " )" ,< . ._, ~ ~ .....,..,,~ , -. -, Oil A ru.~. ,J -.J ThIPORTANT LEGAL NOTICE , ':.'i FedCrallaw'crives vou 30 davs after vou receive this letter to dispute the validjty of,the debt or ~ny part of it. If you do not di~p~te the:V!~.1 f the debt or anv' part of it' within 'that period we will assume that the debt IS vaM. :If you dIspute the debtl. or any part of 1\. m wntm .e' o 'ling us'a notice to that effect on or before tne 30th.daY following tl\e date you rece1vea th1S letter-we WI 1 09t?Jl1 and I]1aJl tp Y.9u p. ~~riDcation) of the debt. And if. withill the sam~ penoct you request 10 wnl1ng the na)lle an~ addres~ of the qngmal creditor (if ilifferel).t from the current creditor). we will :furnish you W1t!j. that I~onnal1Qn too. If we do rece1ve a umely wnuen nouce, all efforts to collect thIS debt will be suspended until \'{e ma.I1 any reqwred mfonnauon to you. ACCOUNT AGREEMENT Credit Reporting.. If you fail tQ fulfill the tenus of your credit obligation a .negatlYe credit report retlectmg on your credit record mavoe submitted to a credit reporting agency. lh order to dispute anv information we are reporting about vour Account, vou must write to us at the following addiess: First Select. P.O. Box 9104, Pleasanton, California 94,66. . Sharing Information. We may share infonnation with our affiliates inc u'n withoutl1 tan P OVlwan Nanonal Bank an roVl 1an . owever ou mav wn e to s at nv tl e mstrucung us not to s are cre t 1 ormanon Wl! our 1 lates. YOUR BILLING RIGHTS. KEEP THIS NOTICE FOR FUTURE uSE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill If you think your bill is 1jITong, or if you need more information about an enttv on your b111. wnte us, on a separate sheet, at the following address: First Select, P.O. Box 9104, Pleasanton, Califorma, 94566. Write to us as soon as poss1ble. We must hear from you no later than 60 days after we sent you the first bill on wl!icli the c;tior or problem appe~ed. You can telephone us, but domg so will not preserve your nghts: In the letter, give us the following: - Your name and Account number. - The dollar .amount of the SUS<lected error. - A description of the error and an explanation, if pqssible, of why you believe there is an error. If you need more Information, desciJ.be the item you are not sure about. Your Ril!hts and Our Responsibilities After We Receive Your W titten 'Notice We must acknowledge your letter within 30 days, unless we have . corrected the error bY then. Within 90 ~ys, we must either corree the error or e;qJlain why we believe the bill was correct. After we receive your letter, we cannot try to collect or reP.9rt vou as delinquent as to any amount you ~]lestion, incl~iling'finance. . charges. We can apply any unPm.d amount agat~.your credit line You ao not have to pay any.quesuoned amount while we are investigating, but yo.u are StiIl obligated to pay the parts of the bill that are not ill questlon. If we find that we have made a mistake on your bil~ you will not have to pay anv finance charge related to any queStioned amount. we did no( make a mistake,. you may' have to pay finance charges, and You will have to make up the IIl1ssed.payments on the . questioned amount. In either case, we will send you a statement oj the amount you owe. And the date that it is due. If you fail to pay the amount we think you owe we may re,port you as delinquenf. However, if our explanation does not satiSfy: you and you write to us within 10 days telling us that you still reruse t9 JlllY, we must tel anyone we report you to that you questlon your bilr. And we must tell you the name Of anyone we reported you to. We must tell anyone we ~Jlort vou to that the matter lias been settled between u wlien if finalIY is.' If we do not follow these rules, we cannot collect the firSt $50 of the questioned amount even if your bill was correct. Special Rule for Credit Card Purchases If you have a problem with the quality of croods and services that yOU purchased with your FIRST UNION credlt card and vou have tri< in good faith to correct the problem with the merchant, you may n have to pav the remaining amount due on the goods or services: There are Iwo limitations to this right: (aY you must have made th purchase in vour home state or, if not within your home state. . within 100 miles of vour current mailing address: and (b) the purchase price must'have been more than $50. These bmitations not applv if either we or FIRST UNION own or operate the merchan or we qr' FIRST UNION mailed you the advenisement for the proper or servlces. Your FIRST UNION account has been transferrc;d to Firs! Select. Your FIRST UNION account was closed at the nme of this transfer and will therefore continue to be closed. This Account Agreement contains the terms that govern your First Select account (the " Account") In this Agreemen( "vou" and "vour" mean each ,person who is liaoie for pa)'I1lent on the Account. "We," "our," and 'us" mean First Select or its 'assignees. Because your Account has been transferred to us. vou are now obligated to repay th. e AccoUI)t.to us instead ofFlRSTUNION. If the Account was op.ened as alomt account, we may act on the irtstrUctions of any joint account holder. PaymentslFinance Charges. As long as you have a balance outstanding on your Account, finance charges are calculated as follows: . . To figure the finance charges for each billin~, qcle, ~e )Ilultiply' the average daily balance on vour account by a aauy penodic rate. The daily p.eriodic rate we .IDlp1y. is your Account's Anhua! Percentage Rate divided bv 365. "llie AnnUal Percentage Rate will be calculated as disclosed in your most receIlt FIRST UNION account tenns (the "OrimnaI Tenns"). If your Ongiwll Te1'1))S-proVlded for different ADnuaJpercentage'Rates to be applied to di:tIerent . components of your outstanding balance, 'jVe will apD!y the lowest sucli Annual Percentage Rate on your entire outstanllillg balance. We may accept late or partial pay1)1ents, or payments marked "paid in foil'" or marked with other restrictions, WltliOU! losing our rig!lt to collect all amounts owing under this Agreement. You may ask"'First Select to \Lav your Account by debiting your checking or savings account. rim Select will first verify your identity ana eligloilitv for this service. You may revoke your authorization OJ writing to First Select Customer SerYlce. Fees. We will charge your Account afeeforeach billinK,cycle within which your Account is delinquent (late charge). The amount of the late chlfrjte will be as discloseo. in your Original Terms or the ma:illnum late charge p<;rmitted by the law of your state. of residence, whichever is lower. We will charge your Account a fee for each returnedJlavrnent check (retumedcheck c~e). The amount of the retumea clieck charge will be as disclosed in your Original Tenus, or the maximum returned check charge permitteCl by the law of your state of residence, whichever is lower. To the extent provided in your OrimnaI Tenus and to the extent l1ermitted by a:P1?llcable law, in addition to your obligations to pay the outstandinlfbalance onj'our Account, p1us interest and fees as disclosed herem, we may also charJ;e you for any collection costs we incur, including but I)ot Iimiteclto reasonabte attorney's fees and court costs. ffyour Original Terms provided for an award of attorney's fees. and cOurt costs, such provision as incorporated he.rc;in shalllWP!Y reciprocally to the prevailing party m any lawsuit ansmg out onms Agreement. Non-Walver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other provision later. . Applicable Law, SeverabilityAAssignment. No matter where you live, this Agreement and your ccount are governed bv federal law and by the raw of the state desigt)l!ted as the applicable law in your Original Terms. If your Original Terms did n01 contain an appIicab.le law pro. vision, then this Agreement and your Account are jtoverned by federal law and the law of your state of residence. This Agreement is a final ex 'Pression of the agreement between vou . and us and may not be contradicted by evidence of any' alleged oral agreement. If a provision of this agreement is held to be inValid or unenforceable, vou and we will consider that provision modified to conform to applicable law and the rest of the provision in the A!!Teement wlll still be eDforceable. We mav transfer or assign our right to all or some of your payments. If stale law requires iliat vou receive notice of such an event to protect the purchaser or the . assignee. we may give vou such notice by filing a financing statement with the state's Secretary of State. Customer Service. For ijoeneral Questions regarding vour First Select account. .please ca our toll-free service num5er, 1.888-924-2000. For qualit" assurnnce purposes. and to improve customer service and securif.d' telephone cans to or from our oftices IlWl' be monitored or recordc' . ~;;ljl\i'l:@?:'. ,__.~ " .~ ,.~ I ~ -~ 1'7 ' --"" I: '. - ': ': "Ii"" I. r.;;;;;' l""H~'-'<' . KI. t :~:: S:!:',) )t ['B