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Home My WebLink About03-5099IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MILL CREEK BANK, INC., Plaintiff, AR VS. COMPLAINT LUIS O. MARTINEZ and SONJA MART1NEZ, CODE: Defendants. Filed on behalf of Plaintiff Counsel of Record for this Party: Timothy P. Palmer, Esquire Pa. I.D. No. 86165 BUCHANAN INGERSOLL' PROFESSIONAL CORPORATION One Oxford Centre 301 Grant Street, 20th Floor Pittsburgh, PA 15219-1410 Firm I.D. No. 0038 (412) 562-8413 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MILL CREEK BANK, INC., VS. LUIS O. MARTINEZ and SONJA MARTINEZ, ) ) Plaintiff, ) ) ) ) ) ) ) Defendants. ) AR CODE: 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, 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 fttrther 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Please contact the following: Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION MILL CREEK BANK, INC., ) Plaintiff, ) AR ) ) CODE: __ ) ) ) ) Defendants. ) LUIS O. MARTINEZ and SONJA MARTINEZ, Non-Replevin Mill Creek Bank, Inc. ("Plaintiff') by its attorneys Buchanan Ingersoll Professional Corporation, for its Verified Complaint, alleges as follows: PARTIES AND BACKGROUND 1. Plaintiff is a lending institution authorized to conduct business in Pennsylvania, and maintains a place for the transaction of business located at 7360 S. Kyrene T-302, Tempe, Arizona 85283. 2. Plaintiff was formerly known as Conseco Bank, Inc. which was formerly known as Green Tree Retail Services Bank, Inc. 3. Plaintiff is the assignee of all rights of Conseco Bank, Inc., under its financing program associated with various entities. 4. Defendants LUIS O. MARTINEZ and SONJA MARTINEZ are individuals who, upon information and belief, reside at 963 Hummel Avenue, Lemoyne, Pennsylvania 17043. 5. Defendants applied for credit and financing with Plaintiff. A copy of the Credit Application is attached as Exhibit A. A copy of the agreed upon terms for this credit relationship is attached as Exhibit B ("Agreement"). 6. As of August 5, 2003, Defendants' account with Plaintiff was 158 days past due. The total balance due on the account as of August 5, 2003 is $9,212.01. The agreed upon interest rate for account is 19.74%. WHEREFORE, Plaintiff respectfully requests that judgment be entered as follows: A. For a judgment against the Defendants in the amount of $9,212.01 plus interest accruing after August 5, 2003 at the contract rate of 19.74%, and B. For other and further appropriate relief including costs, disbursements, and reasonable attomeys fees. BUCHANAN INGERSOLL PROFESSIONAL CORPORATION Dated: ~z,~- /~Z' ,2003 Timothy P. Palmer Pa. I.D. No. 86165 One Oxford Centre 301 Grant Street, 20th Floor Pittsburgh, PA 15219 (412) 562-8413 Attorneys for Plaintiff Mill Creek Bank, Inc. 2 Sent CONSECO, I I,I I [ I $[ I I J,I I I I I I I I I I I I I I I I I I._J ! I I I I I I I I I I I I I I I [ I I [ f I [ I I I I I I I I I I I I I ii I ii i i I i I I I ~'1 I J-I I I I I I I I I'1 I I I'1 I I I I I I I I I I I I I I I I I I I I$1 ~ ~ I,I f I IL._[~[_J'I I I I'I I I I I I I I I i I I I I I $1 .l I Id I I I '(ESI Please enroll me In Saf~llne Credit J I I I I I $gJ,I I i f,I I I I$1 hi I r rd I I I $U,I I I I,g.gl-J$1, l, hi I I I I I I I I I I I I I i i I i I I I I I I f I i i i I I I I'11 I I-I I I I I I I I I I f I I f I I I I I I II I I I I I I I I I I I I'1 I I I-I I I I I o~*~,-- o~. 0~..~,.~ 0~,~,.0~.~ Ov,,~.~. Ou=.*..~,.~u... I I I~.~k~ Jual Percentage Rate for Balances er Rates iable Rate ce Period for ,ayment of the mces/or Purchases imam Finance rge liod of Computing the race for Purchases ~sactio~ F~e for ess Checks, Cash anCas~ Or' ATM · sactions; Late, Over it and Returned ck Fees The following Annual Percentage Rates ~,~ly as of Jtme 21.2002, Initial and Subsequent Transactions (MtnhnJ. im APRs): 'I'i~ 1 Rate: 11.74% Tier 2 Re: 13.74% ~ier 3 P~e: 15.74% Tier 4 17.74% Ti~ 5 and 6 ~ate: 19.74% The APRs will never increase above 23.99% 12 Month Introductory Rate (ff applicable): 7,74% to 17.74% (7.74% minlinum) then Standard Prich~g Applies The following Mmual Perc~ta, ge Rates apply as of June 21, 2002. CashAd'e~nces: 21.90% (MinimumAPR) *I)elinquentAccotmts: ffyourAccountis considereddelin- cluent, we will increase the ANNUAL PERCENTAGE ~ otherwise applicable to each Balance (includ- ing n:,inimum APR's) by 4 percentage points. Initial and Subsequent Transactions: Tier 1 Rate: 15.74%; Tier 2 Rate: 17.74%; Tier 3 Pale: 19.74%; Tier 4 Rate: 21.74%; Tiers 5 and 6 Rate: 23.74% Cash Advances: 25.90% Your APR for purc 'Imses may va~.. The APR is based on the highest prime rate publislled in the "Money Rates" section of The Wtdl Str~tJour~ml on the last day of the moalli plus a margin. The following Margins currently apply:. Initial and Subsequent Transactions: Tier 1: 4.24%; Tier 2: 6.24%; Tier 3: 8.24%; Tier 4: 10.24%; Tiers 5 and 6 Rate: 12.24% Cash Advances~ 13.90% 12 month Introductory Rate (ff applicable): .24% w 10.24% The APR is adjusted on tile ~st day of file billing cycle following the rate chiulge. Hnancc Charges accrue froal the date of purchase. You have 25 days from the Statement Closing Date for that Cycle, to pay the New Balance in full before a Finance Clutrge is imposed attributable to tlial New Balance. SLO0 (on purchases in any billing cycle th,il a fmatlce charge is due), Average D.,fily Balance (i~c!uding new purchases) Access Check, Cash Advance or ATM Transaction - $3.00 or 3% of transaction amount, whichever is greafer. Late l*ee: $30 ($15 in lA) Over Limit Fee: $30 ($15 in lA) Returned Check Fee: $30 9520 in IA) Account is considered delinquent after a minimum payment is not made for two consecutive billing Cycles, tdit;g duri~ g Iht 'oducto 'y Rate period, and will disqualify you for eligibility for Regtdar Patchase, Access Check Isaction and Special Payn;ent Plan pricing for a minimum of six months. I PROJECT VERIFICATION I, '"~'l~llv~ Jk~l, floC' , an authorized representative of Plaintiffverify that I have read the foregoing Complaint, that I am authorized to make this Verification on Plaintiffs behalf, and that the statements of fact therein are true and correct to the best of my knowledge, information and belief. I understand that this Verification is made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: ,2003 SHERIFF'S RETURN - REGULAR CASE NO: 2003-05099 P COMMONWEALTH OF PENNSYLV~NIA COUNTY OF CUMBERLAND MILL CREEK BANK INC VS MARTINEZ LUIS O ET AL CPL. MICHAEL BARRICK , Cumberland County, Pennsylvania, says, MARTINEZ LUIS O DEFENDANT at 963 HUMMEL AVENUE LEMOYNE, PA 17043 SONJA MARTINEZ, WIFE a true Sheriff or Deputy Sheriff of who being duly sworn according to law, the within COMPLAINT & NOTICE was served upon the 2nd day of October by handing to at 2009:00 HOURS, on the together with and attested copy of COMPLAINT & NOTICE 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.04 Affidavit .00 Surcharge 10.00 .00 39.04 Sworn and Subscribed to before me this '7 ~ day of thonotary ' ' So Answers: R. Thomas Kline 10/03/2003 BUCHANAN INGE~OL~/~ By: ~/~~V~~~ eputy i SHERIFF'S RETURN - REGULAR CASE NO: 2003-05099 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MILL CREEK BANK INC VS MARTINEZ LUIS 0 ET AL CPL. MICHAEL BARRICK , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 2nd day of October , __ by handing to together with says, the within COMPLAINT & NOTICE MARTINEZ SONJA DEFENDANT at 2009:00 HOURS, on the at 963 HUMMEL AVENUE LEMOYNE, PA 17043 SONJA MARTINEZ a true and attested copy of COMPLAINT & NOTICE 2003 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of honorary So Answers: R. Thomas Kline 10/03/2003 BUCHANAN INGERSOLL