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Home My WebLink About06-0962 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BUREAUS INVESTMENT GROUP NO 4 LLC, assignee of FIRST USA BANK Plaintiff(s) -vs- DAVID HALL Defendant(s) NO.Ok - 9/,J... IN CIVIL ACTION COMPLAINT CODE- FILED ON BEHALF OF PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA LD. No. 37942 Charles F. Bennett, Esq. PA LD. No. 30541 Joel E. Hausman, Esq. PA LD. No. 42096 APPLE AND APPLE, P.c. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213 Telephone: 412-682-1466 Fax: 412-682-3138 G~u iCYSe..h1 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 010 - <=t~ CC'uJIER..'""\. IN CIVIL ACTION BUREAUS INVESTMENT GROUP NO 4 LLC, assignee of FIRST USA BANK Plaintiff(s) -vs- DAVID HALL 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, 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, 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 THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1800-990-9108 2 . '" COMPLAINT I. Plaintiff is a corporation having offices at 1717 Central Street, Evanston, IL 60204, and as the assignee of First USA Bank, stands in its assignor's stead, and all are hereinafter referred to interchangeably as "Plaintiff". 2. Defendant is an individual whose address is 45 Drexel PI, New Cumberland, Cumberland County, Pennsylvania 17070-2203. 3. At a specific instance and request ofthe Defendant, the Defendant applied for and was granted a credit card by Plaintiff at the terms and conditions agreed upon by the parties. 4. The Plaintiff avers that the agreement between the parties was based upon a written agreement which the Defendant accepted by using credit card to make purchases and/or cash advances. 5. Thereafter, in breach of obligations under the Agreement, the Defendant failed to make payments as they became due. . ... 6. Plaintiff avers that the terms ofthe Agreement provide for acceleration of the entire balance due and owing upon Defendant's breach of the Agreement. 7. Plaintiff avers that the balance due amounts to $9,705.85, as is more specifically shown by Plaintiffs Statement of Account, a true and correct copy of which is attached hereto, marked Exhibit "A" and made a part hereof. 8. Plaintiff avers that the interest has accrued at the rate of 12.00% per annum on the balance due from December 3, 2005. 9. Per the term 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, which Plaintiff avers will amount to 20% of the balance due. 10. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and refused to pay the amount due to Plaintiff or any part thereof. WHEREFORE, Plaintiff demands Judgment against Defendant in the amount of $9,705.85, with appropriate additional interest from December 3, 2005, plus attorneys fees and costs. APPLE AND APPLE, P.C. BY:~- Attorneys for Plaintiff(s) Client: BUREAUS INVESTMENT GROUP NO 4 LLC Assignee of FIRST U.S.A. BANK 1717 Central Street Evanston, IL 60201 12/0212005 DAVID HALL 45 DREXEL PL NEW CUMBERLAND, PA 170702203 STATEMENT OF ACCOUNT Original Account Number: 4417122685406978 Account Number: 408990081 New Balance $9,705.85 Payment Due Date 12/02/2005 Statement Closing Date 12/0212005 Total Credit Linc $0 Total Available Line $0 Cash Access Line $0 Available Cash $0 Your account is seriously past due, and the full balance is due immediately. Here is your Account Summary: Minimum Paymenl Due $6,317.00 ($650.00) 0.00 $4,038.85 $9,705.85 $9,705.85 @ 12.00% Per Annum Previous Balance (-) Payment & Credits (+) Purchases, Cash, Dehits (+) FINANCE CHARGES (=) New Balance Your charges and credits at a glance: TRAN DATE I POST DATE I REF. NO. T DESCRIPTION OF TRANSACTION I CREDITS I CHARGES Send Payments to: '~'he Bureaus lne 1676 Momentum Place Chicago IL 606895316 Write your account numher on your check or money order. Never send cash. See reverse side for other payment instructions. &"'--"--\0 ,\-'\\ J\ (J . , l ,,11 Vj c-::L..... AFFIDAVIT I Jt~(/ tflt e !- :; /'0 TFo Y , of ) --Y i rY,/! 150. jZJ?/1 //[,5 ..L-/.vVf.5 M ('/V i 'i-,{{t{! I!Jri/l/l/.-. @.Plaintiff herein, verifY that the statements of fact contained in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of (/ / / /--. ...---------------- / '\ / ) 18 Pa. c.s. 94909, relating to unsworn falsification to authorities. U.JO e {J;1t?J! I( c2., ;;;w; / / ( //Affi(1nt ~-! -- ~ (j,E. D' Title . ) 7) 7 (] e jI/ i/~ If l () t. . .~ Date Address ;;YA Nst ()~u) -I! flU ~~ (I '-I City, State and Zip (!llf59-9oue-;) -(g.. 0 ~ ('-' tJ Ct) P ",'1 \. UI. , ..... _4 ~~( -TJ 1f- T \ ~ . 1 tn. \) - - -Cl ~~,I 'i ...:( ~ -- - . lr-t -..0 ; .J Uf ~ ;<:' -...,c) ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BUREAUS INVESTMENT GROUP NO 4 LLC, assignee of FIRST USA BANK Plaintiff(s) -vs- DA VID HALL Defendant(s) NO. 2006-962 IN CIVIL ACTION PRAECIPE FOR DEFAULT JUDGMENT CODE- FILED ON BEHALF OF PLAINTFF COUNSEL OF RECORD FOR THIS PARTY: James R. Apple, Esq. PA LD. No 37942 Charles F. Bennett, Esq. PA LD. No 30541 Joel E. Hausman, Esq. P A J.D. No 42096 Apple and Apple, P.C. Firm No. 719 4650 Baum Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA BUREAUS INVESTMENT GROUP NO 4 LLC, assignee of FIRST USA BANK NO. 2006-962 IN CIVIL ACTION Plaintiff(s) -vs- DAVID HALL Defendant( s) PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment against the above- named Defendant(s) in Default of an Answer, in the amount of$12013.98, computed as follows: Amount named in Complaint $ Interest from 12/03/05 to 3/28/06 on $9705.85 $ Less payment of: -$ Attorney fees $ TOTAL $ 9705.85 366.96 1941.17 12013.98 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 March 22, 2006 by regular mail, postage prepaid and, addressed as follows: Defendant: David Hall 45 Drexel PI New Cumberland P A 17070-2203 Dated: By: 4/'I/o? APPLE AND APPLE, P.c. r;y4J?- Attorneys for the Plaintiff(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BUREAUS INVESTMENT GROUP NO 4 LLC, assignee of FIRST USA BANK NO. 2006-962 IN CIVIL ACTION Plaintiff(s) -vs- DAVID HALL Defendant(s) David Hall 45 Drexel PI New Cumberland, P A 17070-2203 Date of Notice: March 22. 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU, UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE. A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty A venue Carlisle, P A 17013 1800-990-9108 ,~ ""'/-? By: [ ........' James R. Apple, Esq. Attorneys for Plaintiff(s) 4650 Banffi Boulevard Pittsburgh, PA 15213-1237 Telephone (412) 682-1466 i ::c> ~ .-'4-. f\:- :-D ::.-\ \) , r \ - - \) ci'" -.( 2- ~ \"- -U -- ~ ~ '" +':' _:"'-l IU '-.J. t=- -,) -- ..-<':' - -----!:: ..::> R' ~ r---- r SHERIFF'S RETURN - REGULAR CASE NO: 2006-00962 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BUREAUS INVESTMENT GROUP NO 4 VS HALL DAVID ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HALL DAVID the DEFENDANT , at 1640:00 HOURS, on the 2nd day of March , 2006 at 45 DREXEL PLACE NEW CUMBERLAND, PA 17070-2203 by handing to DAVID HALL a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 14.96 .00 10.00 .00 42.96 ~~--'<:~ R. Thomas Kline day of 03/02/2006 APPLE AND APPLE BY~~~ Deputy heriff Sworn and Subscribed to before me this ,,{IAk A.D.