HomeMy WebLinkAbout99-0463714
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
FIRST SELECT CORPORATION
NO. 99-A'(-3'7
IN CIVIL ACTION
-vs- Plaintiff(s)
TERESA J. MEGAHAN
Defendant(s) COMPLAINT
CODE-
FILED ON BEHALF OF
PLAINTIFF
&'cL`&,
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. 99- yi: 3'7 evu'? 7;"
IN CIVIL ACTION
-va- Plaintiff(s)
TERESA J. MEGAHAN
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 aP4
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) 249-3188
Toll free: 1-800-990-9108
2
I . 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 4 Marshall Drive, K-6, Camphill,
Cumberland County, PA 17011.
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 $3,292.37.
8. Plaintiff avers that interest has accrued at the rate of 19.80% per annum on
the balance due from January 20, 1999.
9. Per the terns 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 $3,292.37 with appropriate additional interest, attorneys' fees and costs.
APPLE AND APPLE, P.C.
By:
Attorneys for Plaintiff(s)
4
FIRST SELECT
C 0 R P O R A T 1 O N
ACCOUNT AGREEMENT
Your WELLS FARGO account has been transferred to First Select Corporation. Your WELLS FARGO account was closed at the time of this transfer, and will
therefore continue to be cloud This Amount Agreement contains the terms that 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 "us' mean First Select Corporation Grits assignees. Becausa your
Account has been tror sferred to us, you art now obligated to repay the Account to us instead of WELLS FAARGO. If the Account was opened at ajoint account,
we may act on the inatmctions of any joint accountholder.
Payments / Fireance Charges. As long as you have a balance outstanding an your Account, fmance charges are calculated as follows:
To figure the finance charges for 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 Percrnuge Rate will be nlculated as disclosed in your most rocent WELLS
FARGO account teats (the "Original Terns"). If your Original Tema provided for different Annual Pere ri 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 late or partial payments, or payments marked "paid in full" or marked with other restrictions, without losing our right to collect all amowus owing
under this Agreement.
Fes 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 a
disclosed in your Original Tema or the maximum late charge pertmined by the law of your state of residence, whichever is lower.
We will charge your Account a fee for each returned payment check (returned check charge). The amount of the returned check charge will be as disclosed in
your Original Terms, or the maximum returned check charge permitted by the law of your new of rcaidence, whichever is lower.
To the extent provided in your Original Terms, and to the extent pertained by applicable law, in addition to your obligation to pay the outstanding balance on your
Account, plus interest and fen as disclosed herein, we may also charge you for any collection costs we incur, including but not limited to reasonable attorneys'
fen and court costs. If your Original Tema provided for an award of anameys' fen and court costs, such provision a incorporated herein shall apply
reciprocally to the prevailing panty in any lawsuit arising out of this Agreement.
Non-Waiver of Certain Rlghtt. We may delay or waive enfotcemem of any provision of this Agreement without losing our right to enforce it or any other
provision later.
Applicable Law; SeverabWty; Assignment No matter where you live, this Agreement and your Account are governed by federal law and by the law of the state
designated a the applicable law in your Original Terror. Uyour Original terms did not contain an applicable law provision, then this Agreement and your
Account arc governed by federal law and the law of your state of residence. This Agreement is a final expression of the agreement berween you and us and may
not be contradicted by evidence of any alleged oral agreernenL ff any provision of this Agreement is held to be invalid or unenforceable, you and we will consider
that provision modified to conform to applicable law, and the rant of the provisions in the Agreement will still be enforceable. We may traafer or assign our right
to all or some of your payments. If state law require that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice
by filing a financing sisaa mrnt with the store's Secretary of State.
Credit Reporting. If you fail to fulfill the tema of your credit obligation a negative credit report reflecting on your credit record maybe submitted to a credit
reporting agency. In order to dispute any information we art reporting about your Account, you mars[ write too at the following address: Fuss Select
Corporation, P.O. Box 9104, Pleasanton California, 94566.
YOUR BILL04C RIGHTS- KEEP THIS NOTICE FOR FL'rURE 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 Yaw BW
B'you think your bill's wrong, or if you need more information about an entry on your bill, write us, an a separate sheet, at the following address: First Select
Corporation, P.O. Box 9104, Pleasanton, CA 94566. Write to a as soon u passible. We mars[ hear from you on later than 60 days after we sent you the fust bill
an which the error or problem appeared You= telephone us, but doing so will not preserve yew rights.
In your letter, give a the following;
• Your name and Acmum number.
• The dollar amount of the suspected error.
• Describe the error and explain, if you can by you believe there is an error. If you need more information describe the item you arc not sure about
Ynw Rights and Our RespoaibOitlea After We Receive Your Written Notice
We must acknowledge your letter within 70 days, unless we have corrttted the eror by then Within 90 days, we most either correct the error or explain why we
believe the bill was connect. After we receive your letter, we marmot try to collect or report you a delinquent as many amount you question including finance
charges. We can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we arc 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 riot have to pay any finance charge related many questioned amount. If we did not make a mistake, you
may have to pay fuance charges, and you will have to make up the missed payments on the questioned amount In either case, we will send you a 3UW=t of
the amount you owe and the date that it is des. If you fail to pay the amount we think you owe, we may report you as delinquent However, if our explanation
des not saay you and you write to us within 10 days telling us that you still mfim to pay, we must tell anyone we report you to that you question your bill.
And we must tell you the ame of anyone we reported you to. We must tell anyone we report you to dart the master has beensealed berween a whend finally is
If we do not follow these rules, we cannot collect the first S50 of the questioned amount even if your bill was ccrrect
Special Rule for Credit Card Purchase
tf you have a problem with the quality orgoods and service that you purchased with your WELLS FARGO credit cud and you have tried in good faith to correct
the problem with the mercham you may not have to pay the remaining amount due can the goods w services. There are two limitations to this right: (a) you must
have made the purchase in your home note ar, if not within your home state, within 100 miles of your current mailing address and (b) the purchase price must
have been more than 550. These limitations 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 the property or services.
VERIFICATION
JAMIE G. SHEREMETA `Providian National Bank. 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 Affiant JA IE G. SH[ REM
Title - D ignated Agent
Address -P.O. Box 9053
Pleasanton, CA.
94566
=s
?J- 09
r?
V
CASE NO: 1999-04637 P
SHERIFF'S RETURN - NOT FOUND
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST SELECT CORPORATION
VS.
MEGAHAN TERESA J
R. Thomas Kline , Sheriff, who being duly sworn according
to law, says, that he made a diligent search and inquiry for the within
named defendant, to wit: MEGAHAN TERESA J
but was unable to locate Her in his bailiwick. He therefore returns
the COMPLAINT
NOTICE
NOT FOUND as to the within named defendant
MEGAHAN TERESA J
AWAITING ALTERNATE ADDRESS FROM ATTORNEY, PAPER
EXPIRED PRIOR TO RECEIVING FURTHER INFORMATION.
Sheriff's Costs:
00
18 So answ
Docketing .
Service 9.30
NOT FOUND RETURN
Surcharge 5.00
8.00
Thomas M=,
i
$?0 3D AANNJJ
E
1
0
999
9/08/
Sworn and subscribedo before me
this G,4& day of mil, p Q?? t?
19? A. D. p
ary
ro no
APPLE AND APPLE
Attorneys at Law
4650 BAUM BOULEVARD
PnT88URGH, PENNSYLVANIA 15215
TELEPHONE: (412) 882.1058
WE HEREBY CERTIFY THE WITHIN TO 1E A TRUE
AND CORRECT COPY OF T ORIGINALFILEDIN
THIS CASE.
LE
BY
ATTORNEYS FOR.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
FIRST SELECT CORPORATION
-vs- Plaintiff(s)
TERESA J. MEGAHAN
Defendant(s)
TRUE COPY FROM RECORD
In Tostimony whemoi, I hereunto set my hand
Qlld tk scat of said Court at Carlisle, P
Phis ? day f
P thonolary
NO. 97 `AltS7 GO;
IN CIVIL ACTION
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)
TERESA J. MEGAHAN
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 (717) 249-3188
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 4 Marshall Drive, K-6, Camphill,
Cumberland County, PA 17011.
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 $3,292.37.
8. Plaintiff avers that interest has accrued at the rate of 19.80% per annum on
the balance due from January 20, 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 $3,292.37 with appropriate additional interest, attorneys' fees and costs.
APPLE AND APPLE, P.C.
By:
Attorneys for Plaintiff(s)
4
FIRST SELECT
C O R P 0 R A T 1 0 V
ACCOUNT AGREEMENT
Y
therefore continue our WELLS FARGO account has been transferred to, First Seim Corporation. Your WELLS FARCO account was cloud at the time of this transfer, and will
be closed on who is liable his Account Agtemnau contains the terms that govern yaw First Select account (the *Account). In this Ageemm4 'you- and
your" mean tine to
.your" his each t wf wh m pant an the Amount. "We,' •our,"owa' and "us' mean Fun Seim Corporation or its =ipm. Bemuse your
Account tat you are now, obligated to repay the Account to us instead of WET I S F.ARGO. If the Account was opened u ajoint accoun4
we my tat an the instructions of airy joint accountholder.
Payments / Fbrance Chor=es. As long as you have a balance outstanding on your Accowtt finanm charges are calculated as follows:
To figure the finance charges for each billing cycle, we multiply the average daily balance on yourAccount by a daily periodic rate The daily periodic rate we
apply is yaw Account's Annual Percentage Rata divided by 365. The Annual Percentage Rate will be calculited as disclosed in your most recent WELLS
your FARGO account terms (the *On Terms"). If your Original Tema provided far diffetmt Annual Percentage Rates to be applied to diffir at mmponmts of
ows
6 C apply the lowest such Annual Percauage Rate to yaw entire outstanding balance
W
e my accept las to partial payments, or payments maked'paid in till' or marked with other restrictions, without losing our right to collect all amounts owing
under this Agreem
Fen. We will charge your Amount a fm far ach billing cycle within which your Account is delinquent (lase charge). The amount of the late charge will be u
disclosed in ynur Original Tam ado maximum late charge permitted by the law of your state of residence, whichever is lower.
We will charge your Account a fee far each returned pa)mrnt check (returned check charge). Tha amount of the renamed check charge will be as disclosed in
yaw Original Toms, or the maumum returned check charge permitted by ft Law of your hue of residence, whichever is Iowa.
To the extent provided in your Original Tarns, end to the exam permitted by applicable law, in addition to yaw obligation to • the outstanding balance an your
A
Imiandcaustoosis. ccount, plus; interest and fm u disclosed herein, we may also charge you for any collection costs we incur, includinbut not limited to reasonable atamrys'
?P? ffro in may lawsuit ? ng anomeys' fee and martcosts,such pmvisian as irtcorptxnted hereutshall apply .
1Y to the prevailing party arising out of this A Agreement
Nan-Waxer of Certain Rights. We may delay or waive enforcement of any provision ofthis Agreement without losing our right to enforce it or any other
provision late.
Applicable
?d as the npeversi edlaw Assignmen O t No matter where you live, this Agreement and your Account are governed by federal law and by the law of the state
Account am governefd laand thewt bet mntndicad h of alleged orprovision modifim to applicable all or tame of youIf hue law reqby fiEng a fiaaormg ith the state's Seaewy of S=ue.
Credit Reporting. If you fail to 1ltifsll the tars of your credit obligation. a negative credit report reflecting on your credit retard may be submitted to a credit
reporting sgency. In order to dispute any mfarmatian we arc reporting about your Account, you must write to us a the followin addren: Fast Seim
Corporation, P.O. Box 9104, Pleasanton, California, 94566. g
YOUR BILLING RIGHTS • KEEP THIS NOTICE FOR FLTURE USE
This aorice contains important information about your rights and our responsibilities under the Fair Credit Billing Act
Mthly Us in Cane of Errors or Questions About Your Big
Ifyou think your bill is wrong, or if you need more information about an entry an your bill, write us, an a separate sheet, at the following address: Fins Sol=
Cotporatiot P.O. Box 9104, Pleasanton, CA 94566. Write to us as soon as possible. We must hew 6om wit nso later than 60 days after we sent you the fun bill
an which the error or problem appeared You can telephone us, but doing so will not preserve yaw rights.
In your letter, give us the following:
• Your tame and Account number
• The dollar amount ofthe suspected error.
' Describe the error and explain, if you coq why you believe there is an error. If you steed more infor atioM1 describe the item you are not we about
Your Rights and Our RaponslbWtin After We Retail, Your Written Notice
We must acknowledge yaw letter within 30 days, unless we have mrremed the error by then Within 90 davs, we must either correct the error or "plain why we
believe the bill was correct. After we receive yaw letter, we cannot try to mil= w report you as delinquent as to arty amount you question, including fuunee
charges. We can apply any unpaid amount against your credit line You do not have to pay any questioned amount while we am investigating, but you ate still
obligated to pay the parts ofthe bill that am not in question.
If we fad thin we made a mistake on your bill, you will not have to pay my finarce charge related to tarp questioned amount if we did not make a minalra you
may have to pay finance charges, and you will have to make up the mused payments on the questioned amours In either case, we will send you a statement of
the data not ? owe and the datathat d is dire If you fail to pay the amount we think you owe, we may report you as delinquent. However if our explanation
satisfy you and you write tom within 10 days telling us that you still refuse to pay, we mustall anyone we report you to that you question your bill.
And we mustall you the tame of anyone we reported you m. We mutt tell srryone we report you to that the mater has been settled between us when it foully is
Uwe do not follow time tales, we cannot tall= the fun S50 of the questioned amount evert if your bill was correct
Special Rule for Credit Card Purchases
If you have a problem with the quality of goods and services that you purchased with your WELLS FARGO credit Writ and you have tried in good faith to correct
the pmblem with the merchant, you may not have to pay the remaining amount due on the goods or service,. T here ae two )imitations to this right: (a) youmust
have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address, std (b) the purchase prim must
have been more than 550. These limitations 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 the property or urvicm. •?.
VERIFICATION
JAMIE G. SHEREMETA
Providian National Bank 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 IS Pa.C.S. 4904, relating to unworn
falsification to authorities.
Date
Affiant JAI1/IIE G. SH P,
Title - D ignated Agent
Address -P.O. Box 9053
Pleasanton, CA.
94566
/AIR OFF!' PIF ;HFHIFF
1:JCJ r.
il?c ? ; ?? P11 '99
CARLI
PENNSYI