In re: APRIL MITCHELL
`0120206-911
`
`Clerk of the Justice Court
`Galveston County, Texas
`600 59th St. 1st Floor
`Galveston, TX 77551
`
`FILED
`1/22/2024 11:54 AM
`BILLY A. WILLIAMS, Jr.
`JUSTICE OF THE PEACE PCT 3
`GALVESTON COUNTY, TX
`
`700 Highlander Blvd #200, Arlington, TX 76015
` Phone: 214-920-9688
`
` PARTNER
`ABC E-File Texas
` E-FILE ONLY, Dallas, TX 75220
`
`ORIGINAL PETITION – CIVIL CASE
`JUSTICE COURT
`
`RE: Conn Appliances, Inc. vs. APRIL MITCHELL; TX Precinct 3 Justice Court for Galveston County
`
`Dear Sir or Madam:
`Enclosed please find the following documents:
`• Cover letter
`• Original Petition (Original plus copies)
`
`Instructions:
`• Please file the Original Petition
`• Please issue a separate Citation for each defendant for service by a private process server
`The Citation(s) should be issued to:
`APRIL MITCHELL
`1026 LAUREL ST
`LA MARQUE, TX 77568
`
`• Please return this coversheet, the original Citation, and a filed-stamped copy of the Original
`Petition to ABC Legal by:
`Mail to ABC Legal at 700 Highlander Blvd Ste 200, Arlington TX 76015
`X
`Hold for pickup by local ABC courier
`Email to TXefile@abclegal.com
`
`In re: APRIL MITCHELL
`0120206-911
`
`Thank you in advance for your assistance!
`ABC Legal Services
`
`** Please do not throw me away **
`Return this page with the citation and petition
`This barcode is very important to us
`
`Generated:
`
`12/15/2023
`
`

`

`
`
`
`CONN APPLIANCES, INC.,
` Plaintiff,
`vs.
`APRIL MITCHELL ,
` Defendant.
`
`
`
`FILED
`1/22/2024 11:54 AM
`BILLY A. WILLIAMS, Jr.
`JUSTICE OF THE PEACE PCT 3
`GALVESTON COUNTY, TX
`
`Cause No:________________
`
`IN THE JUSTICE OF THE PEACE
`
`PRECINCT 3 PLACE 1
`
`GALVESTON COUNTY, TEXAS
`
`PLAINTIFF'S ORIGINAL PETITION
`
`TO THE HONORABLE JUDGE OF SAID COURT:
`
`Parties
`
`
`
`Plaintiff, Conn Appliances, Inc., brings this debt claim case, which is within the
`
`jurisdictional limits of this Court, under Rules 500-507 and 508 of the Texas Rules of Civil
`
`Procedure.
`
`1. Plaintiff is an entity organized and existing under the laws of the United States of
`
`America and authorized to bring this action in the State of Texas.
`
`2. Defendant, APRIL MITCHELL resides at 1026 LAUREL ST LA MARQUE TX
`
`77568, or wherever they may be found, which is also where service of process can be made upon
`
`the Defendant.
`
`Venue
`
`3. Venue is proper in Galveston County, Texas under Section 15.002(a)(2) of the Texas
`
`Civil Practice and Remedies Code because it is the county of residence for one or more of the
`
`Defendant at the time the cause of action accrued.
`
`Contract Claim
`
`Plaintiff’s claim is for Breach of Contract. The claim arises from a contract entered into
`4.
`by April Mitchell with Conn Appliances, Inc., Account No. XXXXX5371 (“the Account”).
`Plaintiff is the holder and sole owner of said Account. Defendant opened the Account on
`5/28/2022 and subsequently breached the contract by failing to make all required payments
`under the agreement. The Defendant owes the Account balance of $1,512.70. The Account was
`closed/charged-off on 7/31/2023. Plaintiff now sues herein for Post-Judgment Interest on all the
`above sums at 8.50% per annum.
`
`
`Debt Claim
`
`In the alternative, Plaintiff’s claim is for Account Stated and/or Open Account. The claim
`5.
`arises from a Credit Account entered into by April Mitchell with Conn Appliances, Inc., Account
`No. XXXXX5371 (“the Account”). Plaintiff is the holder and sole owner of said Account.
`Defendant opened the Account on 5/28/2022. The Account is in default and Plaintiff sues herein
`
`23-111023
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`

`

`
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`for Post-Judgment Interest on all the above sums at 8.50% per annum.
` The Defendant owes the Account balance of $1,512.70. The Account was closed/charge-off
`
`on 7/31/2023.
`
`
`
`
`
`Prayer
`
`Plaintiff requests that the Defendant be cited to appear and answer herein, that this Court
`
`set this matter for hearing. Upon final hearing, the Plaintiff seeks a judgment against the
`
`Defendant for balance totaling $1,512.70, costs of court, as well as all other relief to which they
`
`are entitled.
`
`JOHNSON MARK LLC
`
`By /s/Lacie Elizabeth Friday
`Lacie Elizabeth Friday SBN 24080901
`Sean Morrissey SBN 24127403
`Matthew Clark SBN 24100155
`Victoria Barboza SBN 24116069
`Lauren Jones SBN 24120155
`P.O. Box 7811 Sandy, Utah 84091-7811
`Tel 888-599-6333 Texasattorneys@jmlaw.com
`Attorneys for Plaintiff
`
`
`
`
`
`
`
`
`23-111023
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`

`

`
`
` d custodian
`
`ewof the Authoritative Copy held
`
`PROMISSORY NOTE AND SECURITY AGREEMENT
`(WITH ARBITRATION CLAUSE)
`
`Date of Note:___05/ 28/ 2022
`
`Account/Contract/Invoice No.:_i I7328/ 001. Borrower: MTCHELL, APALL
`
`
`Lender: CONN CREDIT CORPORATION,INC.
`Co-Borrower:
`
`
`Lender Address:_WWV.CONNS. OCM_ 2445 Address: 1026 LAUREL ST
`TECHNCLOGY FOREST BLVD
`LA MARCQLE, TX
`77568
`
`_ SPRUNG TEXAS
`77381
`409- 832- 1696
`Home Phone:__409- 789- 1367
`Salesperson:
`HeESTI LY,
`OQHR STCPHER
`Call Phone:
`409-789-1367
`Effective Date of Insurance:
`_05/ 28/ 2022
`POE Phone:
`This Texas Promissory Note and Security Agreement (the Note") is with the above named Lender. “I and “me’ and similar words mean each
`person who signs as a Borrower. "You" and "your" and similar words mean the Lender and any assignee or purchaser of this Note.
`| promise that
`all information| gaveyouistrue, If thereis more than one Borrower, each Borrower agreesto keep all of the promises in the loan documents.
`Descriptionof Collateral
`7
`Qty
`Model
`Description
`Price
`iL
`!
`14k
`oo4ic = : ==
`!
`>)TxBI<hanceZINN
`B78: 88
`F
`99.99
`Conn’s (Stan STANDARD DEL! VERY C
`
`Y
`
`11
`
`Down Payment: $
`
`
`
`
`
`
`
`
`
`See Invoice No. (For a detailed description}: Hi H7328/ 001
`—a—___3 —|
`
`
`
`TRUTH IN LENDING DISCLOSURES
`“
`
`ANNUAL PERCENTAGE RAT FINANCE CHARGE
`Amount Financed»
`Total of Payments
`
`The cost of my credit asa yearly|The dollar amount the credit will|The amount of credit provided to|The amount | will have paid
`
`cost me.
`me or on my behalf.
`after | have made all payments
`
`@s scheduled.
`
`35. 64
`$
`850. 07
`1411, 95 $$ 2262. 02
`
`a
`
`My Payment Schedule will be:
`
`Number of Payments
`Amount of Payment
`Payments are Due Monthly Beginning
`
`
`
`a ee
`
`Security: You will have asecurity interest inthe collateral identified above.
`
`Late Charge; Any installment payment is late if my payment is not received on or before the scheduled due date stated above.
`| amin
`default if my payment is not received on or before the scheduled due date stated above. If any part of a payment is unpaid for 10 days
`after it is dueel may be charged alate charge of 5% of the scheduled payment.
`
`Prepayment:
`If | pay early, | will not have to pay a penalty.
`
`Additional | nfor mation: Seethis Note for any additional information about nonpayment, default, any required repaymentin full before
`
`the §gbeduled date, afid prepayment refunds and penalties,
`OCCCNotice:,For questions or complaints about this loan, contact Conn Credit Corporation, Inc.'s servicer at 1-877-358-1252, email at
`www.conns com/contacts/, or by mail at 650 S. 23rd st. SuiteD, Beaumont, TX 77707. Thelender is licensed and examined under Texas
`law by the Office of Consumer Credit Commissioner (OCCC), a state agency.
`If a complaint or question cannot be resolved by
`contacting the lender, consumers can contact the OCCCto file a complaint or ask a general credit related question. OCCC address:
`2601 N. Lamar Bivd., Austin, Texas 78705. Phone: (800) 538-1579. Fax: (512) 936-7610.
`Website: occc. texas. gov. E-mail: consumer .complaints@occe. texas. gov.
`This instrument or agreement is assigned as collateral to JPMorgen Chase Bank, N.A.
`NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND
`DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES
`OBTAINED WITH THE PROCEEDS HEREOF, RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT
`EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER.
`
`HC# 4819-6501-6120TXSI v.6 Rev. 07/06/2021
`TO CONTACT CONN'S CUSTOMER SERVICE HELPDESK CALL 1-877-358-1252
`
`Page lof 4
`
`GD :
`
`DocuSign Envelope ID: 2FD2DE2B-71DD-4A92-81ED-ADD1C32EE4F3
`
`CUSTOMER COPY
`
`
`
`
`
`

`

`
`
`Invoice No.: Hi HE7328/ 001
`
`
`
`1. Amount Financed: (2+ 3+ 4+ 5)
`2. Amount Given to Me Directly
`3. Amount Paid to Conn Appliances, Inc. on My Behalf
`4. Amount Paid on Prior Account (Gross Previous Indebtedness). Contract:
`5. Amount Paid to Others on My Behalf (A+ B+ C+ D+ E+ F+ G)
`(You may retain a portion of this amount.)
`$
`A. Credit Life Insurance Paid to Insurance Company
`$
`B. Credit Disability Insurance Paid to Insurance Company
`$
`C. Credit Involuntary Unemployment Insurance Paid to Insurance Company
`$
`D. Property Insurance Paid to Insurance Company
`$
`E. Fees Paid to Public Officials
`$
`F. Non-Filing Insurance Paid to Insurance Company
`G. Other Charges (i+ ii+ iii)
`$
`i. Paid to:
`For.
`$
`ii. Paid to:
`For.
`$
`
`Paid to:
`For
`$
`Prepaid Finance Charge (Administrative Fee)
`
`ITEMIZATION OF THE AMOUNT FINANCED
`
`NONE
`NONE
`143. 73
`
`1411. 95
`$
`$
`1268. 22
`$
`$00
`$
`143.73
`
`$
`
`100. 00
`
`6.
`
` Personal Property Insurance:
`
`
`| am not required
`Optional Credit Insurance: Credit life insurance, credit disability insurance, and involuntary unemployment insurance is optional.
`to buy credit insurance to obtain credit. Credit insurancewil! not be provided unless | Sgn and agree to pay the extra cost.
`Credit Life, one borrower
`$
`NONE
`Term
`34
`Credit Disability, one borrower
`$
`NONE
`Tem
`34
`Credit Involuntary Unemployment,
`one borrower
`$
`NOKE
`Tem
`34
`
`|
`DocuSigned by:
`|
`(hs N\yor Gs
`| want the insurance above.
`
`
`
`
`Borrower's Signature: _———SSSne=BADO90097FF847. Date: 05/ 2842022 ||
`
`
`
`|
`|
`
`Co-Borrower’ s Sgnature: Dat& yo5)28/ 2022
`
`ry
`,
`| must keep the collateral insured against damage or less in the amotint Towe.
`' Thay Otain property insurance from
`Property Insurance:
`anyone | want or provide proof of insurance | already have. The insurer must be authorized todo business in Texas.
`| agree to give you proof of property insurance.
`| must name you as the person to bépaid under thepolicy in the,event of Gamage or loss. If | obtain the
`insurance through you,
`| will pay the premium shown below. If | fail to meet any of theserequirements, you May, obtain collateral protection insurance
`at my expense. If you obtain collateral protection insurance, you will mail notice to my last kfown address.
`$
`143. 73
`Tem
`34
`| choose to:
`ml PrrchasepocoWg
`yee
`1 Supply my own insurancecoverage.
`BogowesSignatureeinenGes7OMDete:_08/28/2022
`7 ‘8AD0900D7FF&4C7..
`a
`_05/ 28/ 2022 ————
`Date:
`Co-Borrowen'S Signature:
`Promise to Pay:
`| promise to pay the.cash advance plus the accrued interest to the order of you, the Lender.
`| will make the payments at
`the address provided in this Note and as provided in the coupon book, or payments can be made by cdling 1-877-358-1252, going to
`www.conns.com,stopping by my local Conn’s store, or mailing my payment to P.O. Box 815867, Dallas, TX 75234-5867.
`| will make
`the payments on the dates and in theamounts shown in the Payment Schedule.
`| understand that you may seek payment from only me
`without first looking to any OtherBorrower
`. The annual rate of of interest is earned at the rate of:
`Interest, The cash advance is $
`cash adivance; or
`D
`_29:99% on the entire unpaid
`30% on the unpaid cash advance that is $3,700.00 or less; 24% on the unpaid cash advance that is greater than $3, 700.01
`through $7,700.00; and 18% on the unpaid cash advance that is greater than $7,700.01 through $18,500.
`This interest rate may not be the same as the Annual Percentage Rate. The unpaid cash advance includes the administrative fee, but does
`not include late charges and returned check charges. You base the Finance Charge and Total of Payments as if | will make each payment
`‘on the day it is due. You will apply payments on the date they are received. This may result in a different Finance Charge or Total of
`Payments. My final payment may be larger or smaller than my regular payment.
`Late Charge:
`If | do not pay all of a payment within 10 daysafter it is due, you can charge me a late charge. The late charge will be 5%
`of the scheduled payment.
`| may not skip payments. If | make a payment early,
`Prepayment:
`| can make any payment early. Unless you agree otherwise in writing,
`my next payment will still be due as scheduled. If | pay off early,
`| will not have to pay a penalty. You fully earn the Administrative Fee on
`the date of this Note.
`
`|
`
`Returned Payment Fee:
`separately.
`
`| agree to pay you a fee up to $30 for a returned payment. You can add the fee to the amount | owe or collect it
`
`HC# 4819-6501-6120TXSI v.6 Rev. 07/06/2021
`TO CONTACT CONN'S CUSTOMER SERVICE HELPDESK CALL 1-877-358-1252
`
`Page 2 of 4
`
`DocuSign Envelope ID: 2FD2DE2B-71DD-4A92-81ED-ADD1C32EE4F3
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`
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`
`
`

`

`
`
`Invoice No.; Hl H7328/ CO1
`Security Agreement:
`| give you a security interest in the collateral described on the first page. The collateral includes all improvements
`and attachments to the collateral,
`insurance refunds, and proceeds .
`| own the collateral.
`| will not sell or transfer it without your written.
`permission.
`| will not alow anyone else to have an interest in the collateral except you.
`| will keep the collateral at my address shown
`above.
`| will promptly tell you in writing if | change my address.
`| won't permanently remove the collateral from Texas unless you give me
`written permission.
`| will timely pay all taxes and license fees on the collateral.
`| will keep it in good repair.
`| won't use the collateral
`illegally.
`You maintain a purchase money security interest ("PMSI") in each of the goods identified as collateral and in each item of goods described
`under any prior agreement(s) described on the first page of this Note,
`(collectively, the "Property").
`| agree the Property is personal
`Property. Any Property that is flooring will create "fixtures" under applicable Texas law when installed and attached to the real property.
`The purchase of the Property and the financing under this Note are related transactions. The purpose of the Note is to allow my purchase of
`the Property.
`| approve you to file a fixture financing statement if required to perfect your security interest in any government filing office
`you believe proper.
`| agree that the Property has no chassis and is not a" manufactured home" under federal law. | understand and agree
`that any Property installed and attached to real property will be personal property and will establish a fixture subject to a county
`fixture filing by us for protecting our interest in the Property. Any fixture filing does not mean that we plan to enforce the Note
`under mortgage or real property laws.
`You will have the PMS! until the loan price of the Property is paid in full. You will allocate each payment on this Note to all the Property in
`the same ratio that the original cash sales price of each item bears to the total cash sales price of all items. However, if the Property includes:
`Property obtained under a prior agreement and the payments due under this Note are greater than the payments due under the prior
`agreement, you may allocate to the prior agreement(s) an amount from each payment equal to a payment due under the prior agreement,
`The remainder of each payment is allocated to this Note. The payments will be applied to the applicable Property in the ratio above.
`Default:
`( will be in default if:
`| do not timely make a payment;
`| break any promise | made in this Note;
`1 allow a judgment to be entered against me or the collateral;
`| sal, lease, or digoose of the collateral;
`1 use the collateral for an illegal purpose; or
`You believe in good faith that | am not going to keep any of my promises.
`| am in default, you may require me to repay the entire unpaid part of the Amount Financed, any unpaid returned payment fees, and any
`If
`accrued interest at once. You do not have to give me notice that you are demanding or intend to demand immediate payment,of all that |
`owe.
`If you do not enforce your rights every time, you can still enforce them later.
`If the collateral includes a’¢ell phone,
`| understand that
`software has been installed on it to prevent it from working if | amin default.
`| also agree to sign the Gell Phone Payment Reminder and
`Disabling Software Addendum attached hereto.
`Canceled Insurance Premiums and Repair Service Agreement:
`| may cancel any optional insurancepolicy of repair senvice agreementat
`any time.
`If | default on this Note and you demand | pay all that | owe, you may cancel any insurance policies or repair service agreements
`for which | was charged in this Note.
`If you get a refund fram cancdled insurance or repair service agreements, you will subtract it from
`what | owe, Once all amounts owed under this Note are paid, any remaining refunds will be paid,to me,
`Repossession:
`If there is a default, you can take the collateral. You will
`do this lawfully and without abreach of the peace. If you take
`my collateral, you will tell me how much | have to pay to get it back. If |
`do not pay you to get the collateral back, you can sell
`it or take
`other action allowed by law. You will send me notice at least 10 days before you Sell
`it. My right to get the collateral back ends when you
`sell it. You can use the money you get from selling it to pay amounts the law allows and to reduce the amount I owe.
`|f any money is left,
`you will pay it to me. If the money from the sale is not.enough to pay all | owe,
`| must pay the rest of what | owe you plus interest.
`Collection Costs: | this debt is referred to anjattorney for collection,
`| will pay any attorney fees set by the court plus court casts
`Collateral Returns, Exchanges, Delay in Receipt:
`| agree that any refunds for returned, exchanged, or undelivered collateral will be paid
`to you by Seller. You will apply any suchhrefund.to the principal balance, In such event, you may in your sole discretion either (i) keep the
`monthly instalments the same or (ii) reducesthe amount of future monthly installments,
`| also authorize you to push out my scheduled
`payment dates if there ig a delay in myreceiving the collateral. You agree to send me a notice of any such changes to the payment schedule.
`Notic® You.can.mail any notice to me at my last address in your records, Your duty to give me notice will be satisfied when you mail
`it.
`|
`can sendinotice to you af your address above.
`Applicable Law: Federal laweand Texas law apply to this Note. Except as provided in the Arbitration Clause below,
`Note is declared invalid, the rest of the Note remains valid.
`FURNISHING OF CREDIT INFORMATION: Inthisnotice, "we" refersto theLender. "Your" refersto Borrower.
`We may feport information about your account to credit bureaus. Late payments , missed payments, or other defaults on your
`account may bereflected in your credit report.
`ELECTRONIC CHECK CONVERSION: When|provide acheck as payment, | authorize you either to use information from my check to
`make a one-time electronic fund transfer from my account or to process as a check transaction.
`| agree to tell you
`CONTACT CONSENT TERMS: I am the owner or main user of the contact numbers and addresses | have given to you.
`if any contact number or address of mine changes.
`| consent thet you, your affiliates, agents and contractors may contact me about my
`accounts with you.
`| agree that contact may be made by mail, e-mail, and text messages.
`| also consent to receive recorded or artificial voice
`messages and calls from manual phones and/or automatic telephone dialer systems.
`| agree that my consent applies even if | must pay a
`charge for the call, text or email message.
`| agree that you may contact me at any and all of my numbers and addresses, including email,
`us
`.
`| have given or may give to you.
`. You learn through other means, such as by caller 1D when I call you or by skip tracing.
`-
`| own now or may own in the future, including cell phone, mobile phone, work phone, home or other phone numbers, or
`other devices.
`REVOCATION OF CONSENT?! agree that the consent provided by me to you in the section above is an important, bargained-for term of
`this contract and is a material reason for you agreeing to this contract. My consent may only be revoked upon written notice to you. Any
`such written notice shall include my name, mailing address, and the last four digits of my account number.
`If
`| no longer want to be
`contacted by phone and/or email,
`| must tell you,
`in writing, which phone numbers and/or email acidresses | do not want used to contact me.
`| voluntarily waive any right to revoke my consent by any means other than as follows. My written notice to revoke consent must be
`delivered by facsimile to (833) 475-5081 (toll-free), or by Certified Mail, return receipt requested, to:
`Conn Appliances, Inc.
`2445 Technology Forest Boulevard, Suite 800
`The Woodlands, TX 77381
`Attn.: Compliance M anager
`HC# 4819-6501-6120TXSI v.6 Rev.07/06/2021
`TO CONTACT CONN'SCUSTOMER SERVICE HELPDESK CALL 1-877-358-1252
`
`if any part of this
`
`Page 3 of 4
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`DocuSign Envelope ID: 2FD2DE2B-71D0-4A92-81ED-ADD1C32EE4F3
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`
`CITES COP
`es
`Invoice No.: Hi HE7328/ 001
`ARBITRATION CLAUSE (“Clause): In this Clause, “you” and “your™ include Lender's affiliates employees, officers, directors, |
`_ A “Claim”is any claim, dispute or controversy that arises from or relates to thisNote,
`the Property
`purchased or financed
`with the proceeds this Note, this Note, this Clause or any other documents | Son or give you. A Claim includes but is not limited
`to: Claims about the enforcement or interpretation of any other part of this
`Note;
`Claimsalleging fraud or misrepresentation;
`and any other Claims under common law, equity, or concerning federal, Sate, or local law or regulation. You or | may elect to
`resolve any Claimexclusively by binding individual arbitration. One arbitrator will hear the Claim. The arbitrator must be an
`attorney, retired judge, or arbitrator experienced in consumer finance and debt collection. The arbitrator will conduct the
`arbitration per the American Arbitration Association ("AAA") rules. | may choose another arbitration association andits rules,
`ANY ARBITRATION MUST
`BE ON AN INDIVIDUAL BASIS ONLY.
`| WAIVE MY RIGHT TO BE A CLASS
`if you consent. The arbitrator must apply this Clause and the rules of the selected arbitration association.
`REPRESENTATIVE OR CLASS MEMBER FOR ANY CLAIM AGAINST YOU.
`| ALSO WAIVE ANY RIGHT TO
`CONSOLIDATE OR JOIN MY CLAIMS WITH ANY OTHER PERSON OR ENTITY'S CLAIMS.
`IF YOU SUE IN COURT
`TO COLLECT AMOUNTS! OWE,
`| MUST MAKE ANY COUNTERCLAIM ON AN INDIVIDUAL BASIS ONLY.
`| GIVE
`UP MY RIGHT TO PARTICIPATE IN A CLASSACTION. THISISCALLED A “CLASS ACTION WAIVER.”
`Arbitration costs and fees will be split equally upto $500 each,
`if the arbitration rules permit. You will advance all
`arbitrator's costs and fees above that amount. You will pay more if
`the chosen arbitration organization requires it.
`If you
`prevail, the arbitrator may require me to reimburseyou for someof these amounts and attorney's fees,
`if the law permits. | will
`Not pay costs and fees | would not have had to pay in a court action. The arbitrator may not award relief in a form or amount
`not allowed by law. Any arbitration hearing will take place near my residence.
`7
`-
`.
`The Federal Arbitration Act governs this Clause.
`Judgment on the award may be entered in any court with jurisdiction. This
`Clause and Class Action Waiver survives the termination, payoff, assignment or transfer of this Note. This Clause and Class
`Action Waiver is also binding on each party and ther respective heirs, successors and assigns.
`If any part of this Clause other
`than the Class Action Waiver cannot be enforced, the rest will be enforced. If the Class Action Waiver cannot be enforced, the
`entire Clause will be unenforceable. Each party retains the right to seek relief in a small claims court for Claims within that
`court's jurisdiction. If
`you or | bring any counterclaim that exceeds the small claims court's jurisdiction, the entire Claim must
`be submitted to arbitration.
`| MAY OPT OUT OF THIS ARBITRATION CLAUSE.To do so,
`| must send you anotice that | opt out by Certified Mail,
`return receipt requested. The notice must be postmarked within 14 days of the date of this Note. Such notice must be sent to the)
`n.: ianceManager .
`
`[olowingex‘Bore coon Credit Corporation, Inc., 2445 Technology Forest Boulevard, Suite 800, The Woodlands, TX 77381,
`The Arbitration Clause does not apply to you if, as of the date of this Note,you are both (i) a member of the armed forces
`ced, unless the Military Lending
`or a dependent of such member, and (i!) entitled to protection under the feder Military, L
`ing Act because the transaction
`includes financing for the purchase of insurance as
`shown in the Itemization of Amount
`Finan
`Act or its implementing rules or guidance provides otherwise.
`Military Lending Act Disclosure Federal
`law provides important protections to members of the Armed Forces and_their
`dependents relating to extensions of consumer credit.
`|n general, the cost of consumer credit to a member of the Armed Forces
`and his or her dependent may not exceed an Annual Percentage Rate of 36%. This rate must include, as applicable'to the credit
`transaction or account: (1) the costs associated with credit insurance premiums, (2) fees for ancillary products sold in connection
`with the credit transaction; (3) any application fee charged (other thancertain application fees for specified credit, transactions
`or accounts); and (4) any Participation fee charged (ot
`than certain participation fees for a.credit card acegunt). Before
`1
`10n.
`
`soning this agreement,|may call 1-877-358-1252 to hear important disclosures and a clear description of my payment
`This written loan agreementis the final agreement between you and me and may not be changed by,prior, current, or future
`oral agreements between you and me. There are no oral
`eements between you and, me relating:t0 this loan agreement. Any
`change to this agreement must be in writing. Both you andThave to sign writtenyagreements.
`| agree to the termsof this Note. | received a completed copy on __05/ 28/ 2022
`DocuSigned by:
`12
`;
`
`( NyarcGis
`Borrower
`=
`Recibi un resumen del contrato en espafiol
`Treceived a summary of the contract in Spanish.
`
`Ace)
`
`D.oB
`
`SSN
`XX 5283.
`
`ASSIGNMENT: FOR VALUED RECEIVED, the Lenderherebysells, assigns and transfers to Conn Credit 1, LP a Texas |
`Limited Partnership ("Assignee") (a) all of its rights, title and, interest in and to this Note,
`(b)all of its right, title and interest in
`and to the indebtedness evidenced hereby or payable hereunder, and (c) all of its right, title and interest in and to all security
`interests provided herein, including all of its'right, title and interest in and to the Property, together with all monies now and
`hereafter due and or to become.due thereon. Conn Appliances, Inc. ("Servicer") will carry out all servicing responsibilities.
`Unless Lender, Assignee, Servicer) or JPMorgan Chase Bank, N.A. notifies Borrower otherwise, all payments under this Note
`must be made to Servicer .
`
`SOLD, ASSIGNED, AND TRANSFERRED TO
`CONN CREDIT |, LP by CONN CRED! T CORPORATION,INC.
`
`aa
`
`Authorized Signature of Conn Credit Corporation, Inc.
`3295 College Street
`Beaumont, Texas 77701
`
`
`HC# 4819-6501-6120TXSI v.6 Rev. 07/06/2021
`TO CONTACT CONN'SCUSTOMER SERVICE HELPDESK CALL 1-877-358-1252
`
`Page 4 of 4
`
`DocuSign Envelope TO: 2FD2DE2B-71DD-4A92-81ED-ADD1C32EE4F3
`
`
`
`
`
`
`
`

`

`
`
` Pores (te
`
`1026 LAUREL ST
`
`Address1:
`Address2:
`LA MARQUE, TX 77568
`City, State Zip:
`Email Address: TRUCCHIC@ICLOUD.COM
`Home Phone:
`409-789-1367
`Cell Phone:
`409-789-1367
`Empl Phone:
`
`Collateral Desc 1:
`Collateral Desc 2:
`
`040/040197328/IL
`
`Accountas
`Is In SCRA Status:
`Amortization Type:
`
`Accrual Rate:
`Current Term:
`Current Balance:
`Payoff Amount:
`Past Due Amount:
`Total Due Amount:
`PaymentDue Date:
`Days Delinquent:
`Numberof Pymnts Past Due:
`
`CHARGEOFF
`OPEN
`N
`N/A
`
`Original Amount:
`First Payment Due Date:
`Original Maturity Date:
`Original Term:
`Origination State:
`Contract Date:
`Contract Rate:
`
`Chargeoff Amount:
`Chargeoff Date:
`
`Chargeoff Account Number:
`Original Account Number:
`
`Maturity Date:
`Numberof NSF Reversals:
`Numberof Deferrals:
`Last Deferral Effective Date:
`Current Unearned Amount:
`
`34
`$1,512.70
`$0.00
`$0.00
`$0.00
`
`o
`0
`
`Rate Program Code:
`Rate In Promotion Period:
`
`34
`
`05/28/2022
`
`$1,512.70
`07/31/2023
`
`S371
`
`03/27/2025
`0
`0
`
`Rate Program Expire Date:
`
`03/09/2023
`04/06/2023
`05/07/2023
`06/06/2023
`07/07/2023
`07/31/2023
`
`ASSESFEE
`ASSESFEE
`ASSESFEE
`ASSESFEE
`ASSESFEE
`ADDCHOF
`
`ASSESS FEE TO ACCOUNT
`ASSESS FEE TO ACCOUNT
`ASSESS FEE TO ACCOUNT
`ASSESS FEE TO ACCOUNT
`ASSESS FEE TO ACCOUNT
`ADD CHARGE-OFF
`
`$0.00
`$3.33
`$3.33 $0.00
`$3.33 $0.00
`$3.33 $0.00
`$3.33
`$0.00
`$1,276.33
`$1,241.86
`
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`$0.00
`
`$3.33
`$3.33
`$3.33
`$3.33
`$3.33
`$0.00
`
`$1,512.70
`$1,512.70
`$1,512.70
`$1,512.70
`$1,512.70
`‘$1,512.70
`
`
`
`
`
`
`
`Page 1 of 1
`
`
`
`

`

`
`
`
`
`
`
`CONN APPLIANCES, INC.,
` Plaintiff,
`vs.
`APRIL MITCHELL ,
` Defendant.
`
`Cause No.
`
`IN THE JUSTICE OF THE PEACE
`
`PRECINCT 3 PLACE 1
`
`GALVESTON COUNTY, TEXAS
`
`NON-MILITARY DECLARATION UNDER PENALTY OF PERJURY PURSUANT TO
`TEX. CIV. PRAC. & REM. CODE § 132.001
`
`
`Pursuant to Texas Civil Practice and Remedies Code §132.001, which provides that "an
`
`unsworn declaration may be used in lieu of a written sworn declaration, verification,
`certification, oath or affidavit required by statute or required by a rule, order, or requirement
`adopted as provided by law," and Texas Business and Commerce Code §322.007 which provides
`that "if a law requires a record to be in writing, an electronic record satisfies the law" and "if a
`law requires a signature, an electronic signature satisfies the law," the undersigned attorney
`hereby submits the following unsworn declaration under penalty of perjury as to the military
`status of the Defendant April Mitchell:
`
`
`1. I am employed as an attorney by the law firm of Johnson Mark, LLC, which is the law
`firm representing Plaintiff in the above-styled cause. I am one of the attorneys responsible for
`overseeing the litigation of this cause.
`
`
`2. The Department of Defense Manpower Data Center indicates that the Defendant is not
`currently on active duty, has not been on active duty in the past 367 days, or has not been
`notified of a future call-up to active duty in any branch of the Armed Forces. A copy of the
`results are attached.
`
`
`3. Based upon my review of the matter, the attached results, and to the best of my
`knowledge, the Defendant is not currently on active duty in any branch of the Armed Forces.
`
`
`My name is Lacie Friday, my date of birth is XX/XX/1980, and my address is P.O. Box
`7811 Sandy, Utah 84091, and United States of America. I declare under penalty of perjury that
`the foregoing is true and correct.
`
`
`
`Executed in Grayson County, State of Texas, on December 13, 2023.
`
`
`
`
`
`23-111023
`
`JOHNSON MARK LLC
`
`By /s/Lacie Elizabeth Friday
`Lacie Elizabeth Friday SBN 24080901
`Sean Morrissey SBN 24127403
`Matthew Clark SBN 24100155
`Victoria Barboza SBN 24116069
`Lauren Jones SBN 24120155
`P.O. Box 7811 Sandy, Utah 84091-7811
`Tel 888-599-6333 Texasattorneys@jmlaw.com
`Attorneys for Plaintiff
`
`
`
`
`

`

`
`
`Department of Defense Manpower Data Center
`
`
`
`SSN:
`
`Birth Date:
`Last Name:
`
`XXX-XX-5283
`
`Aug-XX-1969
`MITCHELL
`
`RESUS: n8iOl+ Decr12:2023.04:90:48, AM
`SCRA 5.18
`
`First Name:
`Middle Name:
`Dec-12-2023
`Status As Of:
`Certificate ID:-.MWOVSN2KV8W3SQZ
`
`APRIL
`
`NA
`
`
`On Active Duty On Active Duty Status Date
`
` Service Component
`
`
`NA
`
`This responsereflects the individuals’ active duty status based on the Active Duty Status Date
`
`
`
`
`Left Active Duty Within 367 Daysof Active Duty Status Date
`
`Active Duty Start Date
`Active Duty End Date
`Status
`Service Component
`
`
`
`NA NoNA NA
`
`This response reflects where the individualleft active duty status within 367 days preceding the Active Duty Status Date
`
` The Memberor His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
`OrderNotification Start Date
`OrderNotification End Date
`Status
`Service Component
`NA
`NA
`No
`This responsereflects whetherthe individual or his/her unit has received early notification to report for active duty
`
`Upon searching the data banks of the Department of Defense ManpowerData Center, based onthe information that you provided, the aboveis the status of
`the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, Space Force, NOAA,Public
`Health, and Coast Guard). This status includes information on a Servicememberorhis/her unit r