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HomeMy WebLinkAbout99-04315IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FIRST SELECT CORPORATION NO. 99- /,/ 3/5 Crate IN CIVIL ACTION -us- Plaintiff(s) DIANA A. TAYLOR 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. IN CIVIL ACTION -vs. Plaintiff(s) DIANA A. TAYLOR Defendant(s) NOTICE TO DEFEND 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 (717) 249-3166 Toll free: 1-800-990-9108 2 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 7 Village Court Road, Mechanicsburg, Cumberland County, PA 17055. 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 $5,672.04. 8. Plaintiff avers that interest has accrued at the rate of 11.43% per annum on the balance due from March 10, 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 $5,672.04 with appropriate additional interest, attorneys' fees and costs. APPLE AND APPLE, P.C. By: Attorneys for laintiff(s) 4 FIRST SELECT ACCOUNTAGREEMENT Your WELLS FARGO account has been transferred to, First Select Corporation Your WELLS FAARGO account was closed at the time of than trarufa, and will therefore continue to be cloud This Account Agreement contains the reruns !hat govern your First Select account (the "Account"). In this Agreement "you" and "your" mean each person who is liable for payment on the Account "We,"'our; 'ours; and "ui mean First Select Corporation or its assignees Because your Account has been transferred to us, you are now obligated to repay the Account to us instead of WELLS FARGO. Uthe Account was opened as ajoint account we may act on the instructions of any joint accountholder. Payments/ Finance Charges. As long as you have a balance mnstanding on your Account finance charges are calculated as follows: To figure the finance charges far each billing cycle, we multiply the average daily balance on your Account by a daily periodic rate. The daily periodic rate we apply is your Account's Annual Percentage Rate divided by 765, The Annual Percentage Rate will be calculated as disclosed in your most recent WELLS FARGO amount terns (the "Original Tema"). If your Original Terms provided for dift'erent Annual Percentage Rates to be applied to different components of your outstanding balance, we will apply the lowest such Annual Percentage Rate to your entire outstanding balance. We may accept Into or partial payments, or payments marked "paid in full" or marked with other restrictions, without losing our right to collect all amounts owing under this Agreement Fees, We will charge your Account a fee for each billing cycle within which your Account is delinquent (late charge). The amount of the late charge will be as disclosed in your Original Terns or the maximum late charge permitted by the law of your stare of residence, whichever is lower. We will charge your Account a in intermit returned payment check (resumed check charge). The amount of the returned check char will be as disclosed in your Original Tarms, or the maximum resumed check charge permitted by the law of your state of residence, whichever is Iowa. To the extent provided in your Original Tama, and to the extent permitted by applicable law, in addition in your obligation to pay the outstanding balance on your Account plus interest and fm u disclosed herein we may also charge you for any collection crisis we incur, including but not limited to reasonable amomeys' fees and court toss. If your Original Terns provided for an award of attomays' fees and court Coss, such provision as incorporated herein shall apply reciprocally to the prevailing party in my lawsuit arising out of this Agreement Non-Waiver of Certain Rights, We my delay or waive enforcement of any provision of this Agreement without losing our right on enforce it or any other provision later. Applicable Law; SeverabWty; Assignment No matt" where you live, this Agreement and your Account are governed by federal law and by the law of the state designated as the applicable law in your Original Terms. If your Original terms did not contain an applicable law provision, then this Agreement and your Account are governed by federal law and the law of your state of residence. This Agreement is a final expression of the agreement between you and us and may not be contradicted by evidence of arty alleged oral agreement If any provision of this Agreement is held to be invalid or unenforceable, you and we will consider that provision modified to confomr to applicable law, and the rest of the provisions in the Agreement will still be enforceable. We may transfer or assign our right to all or some of your payments. If sure law requires that you receive notice of such an event to protect the purchases or assignee, we may give you such notico by filing a financing statement with the smeY Secretary of State, Credit Reporting. If you fail to fulfill the terns of your credit obligation, a negative credit report miming on your credit record may be submitted to a credit reporting agency. in order to dispute any information we are reporting about your Account, you must write to us a[ the fallowing address: First Select Corporation, P.O. Box 9104, Pleasanton, Califrmia, 94566. YOUR BILLING RIGHTS • KEEP THIS NOTICE FOR F(ffURE USE This notice contains important infrinnation about your rights and our responsibilities under the Fats Credit Billing Act. Notify Us In Coe of Errors or Questions About Your Bill If you think your bill's wrong or if you need more information about an entry on your bill, write us, on a separate sheet at the following address: Fins Select Corporation, P.O. Box 9104, Plewnton, CA 94566. Write to ran as soon as possible. We mans[ hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared You can telephone us, but doing so will not preserve your rights. In your letter, give us the following: • Your name end Account number. • The dollar amount of the suspected coo. • Describe the war and explain if you can why you believe them is an toot. If you need more infamation, describe the item you arc not sum about Your Rights and Our RnponsibWtles After We Receive Your Written Notice We mina acknowledge your lens within 00 days, unless we have corrected the error by then Within 90 days, we must either correct the error or explain why we believe the bill was correct. Arta we receive your lesar, we cannot try to callers or report you as delinquent as to any amount you question, including finance charges, We can apply any unpaid amount agent your credit line. You do not have to pay any quesioned amount while we are investigating but 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 any questioned amount If we did not make a misaka, you may have to pay futence charges, and you will have to make up the missed payments on the questioned amount In either cue, 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, we may report you as delinqua. However, if our explanation does not satisfy you and you write to us within 10 days tailing us that you still refuse to pay, we must tell anyone 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 you to that the totter has been sealed between us when it finally is if we do not follow these rules, we cannot collect the first S50 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 goods and services drat you purchased with your WELLS FARGO credit cud andyou have tried in good faith to correct the problem with the merchant you may not have to pay the remaining amount due can the goads or services. There are two limiations to this right: (a) you must have made the purchase in your home state or, if not within your home sate, within 100 miles of your current mailing address; and (b) the purchase price mina have been more than SSO. Theca limiatiom do not apply if either we or WELLS FARGO own or operate the merchant, or if we or WELLS FARGO mailed you the advertisement for Uw property or services FXti r R VERIFICATION I, LYNDA BR90KWELL , 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 unsworn falsification to authorities. Date Client Acct 4 - IY6' 1000 0131 - S *?17 Debtor Name (4 a PA3-fsc Title - Designated Agent Address -P.O. Box 9104 Pleasanton, CA. 94566 cr a, O V 1 'V' \J SHERIFF'S RETURN - REGULAR CASE NO: 1999-04315 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORP VS. TAYLOR DIANA A CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon TAYLOR DIANA A the defendant, at 19:03 HOURS, on the 22nd day of July 1999 at 7 VILLAGE COURT ROAD MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to CATALIA'A ARAIZA (ADULT DAUGHTER) a true and attested copy of the NOTICE AND COMPLAINT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So ans'? 18.00 8.68 8.00 RBI m ine, e i 07/23/1999PLE by Sworn and subscribed to before me this 13?,( day of 19 c? _ A.D. F o i a ?- u y i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FIRST SELECT CORPORATION NO. 1999-4315 IN CIVIL ACTION -vs- plaintiff(s) DIANA A. TAYLOR PRAECIPE FOR DEFAULT JUDGMENT Defendant(a) 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 A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FIRST SELECT CORPORATION NO. 1999-4315 IN CIVIL ACTION -vs. Plaintiff(s) DIANA A. TAYLOR Defendant(s) PR_AECIPE R DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the above-named Defendant(s) in Default of an Answer, in the amount of $7,988.81, computed as follows: Amount named in Complaint $ 5,672.04 Interest from March 11, 1999 to September 11, 1999 on $5,672.04 319.72 Attorney Fees 1,997.05 Payment TOTAL $ 7,988.81 I certify that Notice of the intention to enter this Judgment was given pursuant to Pa. R.C.P. 237.1. A copy of said Notice is attached, and was mailed on August 19, 1999 by Regular mail, postage prepaid and, addressed as follows: Defendant: Diana A. Taylor 7 Village Court Road Mechanicsburg, PA 17055 APPLE AND APPLE, P.C. Dated:_ By. Attorne? for Pla4ntiff ) IN TAB COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA FIRST SELECT CORPORATION 'ss- Pfsinfijj(s) DIANA A. TAYLOR Defendant(s) Diana A. Taylor 7 Village Court Road Mechanicaburg, PA 17055 NO. 1999-4315 IN CIVIL ACTION Date Of Notice: BUG 1 9 ?aa? APPLE AND APPLE, P.C. By: Ja a R. le, Esq. Attorneys for Plaintiff(s) 4850 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 082-1488 ----ucr'and County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone (717) 249-3188 T°ll free: 1-800-990.9108 lr-` ro " LLJ O m U ? /