The URL can be used to link to this page

Home My WebLink About99-03502e e e? c3 u L`L 3 Izi ri M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FIRST SELECT CORPORATION NO. 99-3 5G-), - ?? vc C IN CIVIL ACTION -vs- Plaintiff(s) JUDY C. COBB Defendant(s) COMPLAINT CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA I.D. No. 37942 Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 Marylouise Wagner, Esq. PA I.D. No. 61095 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 Fax (412) 682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FIRST SELECT CORPORATION NO. 9 9. --J-0.' IN CIVIL ACTION -us- Plaintiff(s) JUDY C. COBB Defendant(s) 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 upon you, by entering a written appearance personally or by 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 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle PA 17013 Telephone j717) 249-3166 Toll free: 1-800-990-9108 2 COMPLAINT 1. Plaintiff is a California corporation located in Pleasanton, CA and is organized and existing under the laws of the State of California. 2. Defendant is an individual whose address is 234 Marion Avenue, Carlisle, Cumberland County, PA 17013. 3. At a specific instance, the Defendant applied for and was granted a credit account owned by the Plaintiff. The terms and conditions agreed upon is more specifically shown by the Account Agreement, true and correct copies of which are attached hereto, marked Exhibit "A" and made a part hereof. 4. Defendant made purchases and/or received cash advances using said credit account. 5. Plaintiff avers that the terms of the Agreement provide for acceleration of the entire balance due and owing upon Defendant's breach of the Agreement. 6. Thereafter, in breach of obligations under the Agreement, the Defendant failed to make payments as they became due. 7. Plaintiff avers that the balance due amounts to $2,593.36. 8. Plaintiff avers that interest has accrued at the rate of 19.58% per annum on the balance due from April 28, 1999. 9. Per the terms of the agreement, the Defendant has agreed to pay to the Plaintiff as liquidated damages, the costs of collection, including all reasonable attorneys' fees incurred in the collection of monies owing. 3 10. Plaintiff avers that pursuant to Plaintiff's agreement with Plaintiff's attorneys, Plaintiff's attorneys are to receive attorneys' fees of 33 1/3% of the debt due. 11. Plaintiff believes, and therefore avers, that said attorneys' fees rate is just and reasonable compensation for the services rendered by said attorneys. 12. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the amount due Plaintiff or any part thereof. WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of $2,593.36 with appropriate additional interest, attorneys, fees and costs. APPLE AND APPLE, P.C. By: J Attorneys fQ Plaintiff(s) i FIRST SELECT C 0 R IN 0 R A r 1 0 N ACCOUNT ACREEINIEN'r Your Wells Fargo account has hcen transferred lu First Select Corporation. four \VaIIs linggo account 11,11 dosed al the lane of du%transfer. and will Ihereliuc continue to be closed. This Account Agreement contains tine terms that goo cm vour first Select account (the \eeial or') . In thn Agreement.'vou" and ..v our.. mean each person who is liable far payment on the A,Uount. "We. "'Our. 'ours." and "u ' mean fowl Select Corporation or is assignees Ilecaua• your Accoual has been transferred to us, you are nmw obligated la repav the Account W us instead of Wells Fargo II the AceNml was opened as a Pohl account, ws< u a., ,let on the instructions of any joint accountholder Pu)menss I Finance Charges. As lung as vnu hate a balance outstanding on vein Account, finance charges are elated a follous To figure the finance charges tin each billing cycle, oc multiply the average daly halance on vour \connn hs a Jails periodic rile. The daily pcniodic rate we apply is your Account's Annual Percentage Rate divided by 765. The Annual Percentage pace a01 be calculaled w disclosed in vour most rctenf OVCII% Fargo account terms (the "Original Terms"). If your Original Terms provided for different Annual Percentage (totes to he applied to different components of %our outstanding balance, we will apply tire lowest such Annual Percentage rate to your entire ouistandmg balinve. We mayy accart late or partial payments. or pnynanls marked "paid in hill" or marked war other rnmamons. wnhaut losing our tight to collect all amounts Owing under this Agreement. Fees. We will charge your Aevount a fee for each billing cycle within which tear Account is delinquent (lac charge). 'I he amount of tire file charge w ill be as disclosed in your Original Terms or the maximum late charge permitted by the law orysor was uftesufenee. whwhes'er is lower. We will charge vour Account a lie for each returned pavnient check (reamed cheek charge) I he.nnuan untie remmcd check charge will he as dr closed its your Original Terms, or the maximum returned check charge permitted by lite law of your state of residence, wbidtevtr is lower. Non-Walver if Certain Rights. We may delay or waiec enlhrccmerl of.my provision of timi Agreement switrout losing our right to enlbrce it or anv other provision later. Applicable Law; Severabillly; Assignment. No matter where you live, this Agreement and your Account arc gusemed by liucral lase and by the law of the state designated at the applicable law in ,your Original' I' arms. If yuur Original faults did not contain inapplicable law provision, then this Agreement and your Account are governed by federal law and the law ofynur stale of residence. 'Bras Agreement is a final expression of the agreement between you and its and mnv not be contradicted by evidence of any alleged oral agreemwt. [fare provision nllhis Agrecmem is held to be invalid or unenforceable. you and we will consider :hat provision modified to conform to applicable lay, and the rest of the provisions in the .\greemant will still be enforceable. We may transferor assign our right a l l ll nr some of your payments. If stale law requires that you receive notice ofsuch an event to protect the purchaser or assignee. we may give you such notice by filing a financing statement with tire stales Secretary of State. Credit Reporting. If you fail to fulfilI the terms ol'youn ?iedit ntligatiun, a legal iec credit report reflecting on vour credit record may he submitted Its a credit reporting agency. In order to dispute any infamnacor we are reporting about ymir Account. vnu must ssrite to its at the following addrem First Select Corporation, P.O. Box 9104, Pleasanton, California, 94566. YOUR FILLING RIGHTS- KEEP'rHIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing:\ct. Notify Ih In Case of Freon or Questions About Your Bill If you think your bill is willing, or ifvou need more information about an miry on your bill, ssrite us, On a separate shed, .n the I'ullowing aJJrexc First Select Corpuniion. P.O. Box 9104, Pleasanton, CA 94566. Write to us as soon as possible. 1Vc must hear F.m you no later Ilion 60 Jays allcr we seal you the first hill on which the error or problem appeared. You can telephone its, but doing so will not present your rights. In your later, give us the following' • Your name and Account number. • The dollar amount ofthe suspected error. • Describe the error and explain, if you can, by you believe there is an error. If you need more infomation, describe the item you are not sure about. Your Rights and Our Responsibilities After We Receive Your Written Notice We most acknowledge your letter within JO days, unless we have corrected the error by then. Wolun 90 days we nowt either coned the error or explain why tea believe the bill wen correct. Mer we receive your letter, we cannot try to collect or report you as ddinqucnt a In any amount you question. Including finance charges. We can apply any unpaid amount against your credit line. You do nil have to pay any questioned amount while we are investigating, bill you are still obligated to pay the parts of the bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charge related to xn%questioned amount. If we did not make a mistake, you may have to pay finance charges, and you will have to makeup the missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount we think you owe, it mac report you as delinquent However, 'ifour explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tell amine we report you to that you question your bill. And we must tell you the name of anyone we reported you to. We must tell anyone we report) oil to that the matter has been settled between us when it finally is. If we do not follow these rules, we cannot collect the Find s5R of the questioned mmount even if year bill was correct. Special Rule for Credit Card Purchases If you have a problem with the quality of goods and services that you purchased wish yen Wells Fargo credit card and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due On the goods or services. There arc two limitation to this right: (a) you must have made the purchase in your home state or. if not wilhin )our home use. within 100 miles ofyslur current mailing address: and (h) the purchase price must have been more than $50. These limitation do not apply dourer we or Wells Fargo own or operate the merchant or it vic in %Vclli Fargo mailed you the advertisement for the property or services' Ei H1 1 A" VERIFICATION I, Heather Kooreman, of First Select Corporation, Plaintiff herein verify that the statements of fact contained in the foregoing Pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unworn falsification to authorities. Date Client Acct # / 00? O Debtor Name 4470 PAMsc Title - Designated Agent Address -P.O. Box 9104 Pleasanton, CA. 94566 Q` ? L O Co u. i(D rn TUB ?- SHERIFF'S RETURN - REGULAR CASE NO: 1999-03502 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS. COBB JUDY C KATHY J. CLARKS Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT upon COBB JUDY C was served the defendant, at 2036:00 HOURS, on the 14th day of June 1999 at 234 MARION AVENUE CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to JUDY COBB a true and attested copy of the COMPLAINT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing So ans u?? 18.00 Service 3.10 4awle Affidavit .00 -10 Surcharge 8.00 omas ??06/15/199PPLE , n e 5 eri Sworn and subscribed to before me this /S*7' day of T 1999 A. D. AM ar ???? -1• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FIRST SELECT CORPORATION NO. 1999-5602 IN CIVIL ACTION va- Plaintiff(s) JUDY C. COBB PRAECIPE TO SETTLE AND DISCONTINUE Defendant(s) CODE - FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA I.D. No. 37942 Charles F. Bennett, Esq. PA I.D. No. 30541 Joel E. Hausman, Esq. PA I.D. No. 42096 Marylouise Wagner, Esq. PA I.D. No. 61095 APPLE AND APPLE, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 Fax (412) 682-3138 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FIRST SELECT CORPORATION NO. 1666-3502 IN CIVIL ACTION -vs- Plaintiff(s) JUDY C. COBB Defendant(s) TO THE PROTHONOTARY SIR: Kindly Settle and discontinue the above-captioned matter upon the records of the Court. SWORN TO AND SUBSCRIBED BEFORE ME THIS -4ve DAY OF ?vly , I6S% P6 ARY PUBLIC APPLE AND APPLE, P.C. I By: t Attorne for Pla' i& ) EMem6er *P61n1lant, 1A1s0Ca1,,, Ejt4ogjes f- ) l_ f fir. =_ U.I^ C? - 1 - " I ? ( F _ ?'I- - J CL L C^ a) ct,