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HomeMy WebLinkAbout00-00965 , < ., ,," " r. '~ -'-.^~ ,"'c_:'~ ".;' ~.~-"c:~,.:,,",,-. c. ~ < ','c; ~h.'~' I ,.,,:, ,,", .~- -,"'~' >"...:~ VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST SELECT CORPORATION Plaintiff VS. CHARLES L NYE Defendant NO. ,.2600 - c;c.s Cu..tT~ NOTICE 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 an attorney and filing in writing with the Court your defenses or obj ections 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 other claims 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. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~ ". '~. ' -',,,;,., ,"< ,~, ,. _ .,' ,,; I., t.' '"-,,,," '" " ;, ~ _. _" VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION 5040 JOHNSON DRIVE PLEASANTON, CA 94566 PLAINTIFF VS CHARLES L NYE 221 S. 2ND ST. LEMOYNE, PA 17043-1317 DEFENDANT NO. rl..o-rrv- 1(,$' ~ /~ CIVIL ACTION 1. FIRST SELECT CORPORATION, an organization domiciled at 5040 JOHNSON DRIVE, PLEASANTON, CA 94566, ,and existing under the laws of the United States of America, is the owner of a credit account opened at the request of the Defendant. 2. The Defendant is CHARLES L NYE, an individual who resides at 221 S. 2ND ST., LEMOYNE, PA 17043-1317. 3. The Defendant is indebted to Plaintiff on the credit account by virtue of charges or cash advances incurred by the Defendant or authorized by the Defendant on a credit card or line of credit owned by the Plaintiff bearing account number 4168100004912232. ~~ ,.", , ," < 'f" .,-- -.' '), ',~ ' ., -.; ", ,;,1"-, -- . .~, ,_' , - , 1~ 4. The terms of said account are stated in the documentation attached hereto as Exhibit "A." 5. The Defendant has failed to pay the amount owed in accordance with the account agreement and has failed to pay the outstanding debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $2,327.55 as of 11/16/1999, plus pre-judgment contractual interest at the rate of 19.99% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $465.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT CORPORATION, and against the Defendant in the amount of $2,327.55, plus pre-judgment interest at the contractual rate of 19.99% per annum from 11/16/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $465.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT II 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. _',,__J"J_"._ " ',-' ~,' '- '.Itt:'l 12. It would be inequitable for this Court to allow the Defendant to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT CORPORATION, and against the Defendant in the amount of $2,327.55, plus pre-judgment interest at the contractual rate of 19.99% per annum from 11/16/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $465.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. ---' BY: ROSENBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~ " "'," ,'~' ,~ ,,' . . " '-eo" " . ,,',; <.,"~l_,,__ ,,', ~.,t,~,";,,,,,,, ~,,,",,-..,.,,,',,/,'-~r ,r~It.'":i",';,:,;,,~,,_ "",-"" -~i i I VERIFICATION I, MARY M. MAXEDON , declare that as of December 9, 1999: I am a designated agent of FIRST SELECT CORPORATION, the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, in the State of California. ~~d&t Designated Agent 5040 JOHNSON DRIVE P.O. BOX 9104 '?\.~,e..N.""iON,. CA 94SGG 888-964~4000 j ~ EXHIBIT A ;;!f F1RST SELECT CORPORATION A " '! Your ASSOICATES account has been transferred to r1rSt Select Corporation. Your ASSOICATES account was closed at the time of this transfer', and will therefore continue"to be. closed. This Account Agreement contains the tenns tlmt govern your First Select account (the" Account"). In this Agreement, "you" and "your" mean each person who is liable for payment ~ln the Account "We," "our," "ou:s," ~ "us" mean First Select Corporation or its assignees. Because)'our' Account has been transferred to us, you are now obligated to repay the Account to us instead of ASSOICATES. If the Account was opened as ajoint account, we may act on the instructions of any joint accountl1older. Payments I Finance Charges. As long as you have a balance outstanding on your Account,. finance charges are calcu1ated as follows: To figure the finance charges for each billing cycle, we multiply the average daily ba1aitce on your Account by a daily periodic rate. The daily periodic rate we apply is your Account's Aonual Percentage Rate divided by 365. The Annual Percentage Rate will be calcuIated as disclosed in your most recent ASSOICATES account terms (the "Original Termslt). If your Original Te:ms provided for different Annual Percentage Rates to be applied to different components of your outstanding balance, we will apply the lowest such Annual Percentage R.ato to your entire outstanding balance. We may accept late or partial payment1, or payments: marked "paid in full" or marked with other restrictions, without losing our right to collect all amounts owing under this Agreement YOll may ask First Select Corporation to pay this account by d.:biting your checking or savings account First Select Corporation will fust verify your identity and eligibility forthis service. You may revoke your authorization by writing to rtrSt. Select Corporation Customer Service. . 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 Terms or the maximum late charge permitted by the law of your state of residence,. whichever is lower. We will charge your hcount a fee for each returned payment check (returned check charge). The amount of the returned check charge will be as disclosed in your Original T~ or the maximum returned check charge permitted by the law of your state ofresidence, whichever is lower. . To the extent provided in your Original Terms, and to the extent permitted by applicable law, in addition to your obligation to pay the outstanding balance on your Account, plus interest and fees as disclosed. herein,. we may also charge you for any collection costs we incur, including but not limited to reasonable attorneys' fees and CQurt costs. If your Original Terms provided for an award of attorneys' fees and CQurt costs" such provision as incorporated herein shall apply reciprocally to the prevailing party in any lawsuit arising out ~fthis Agreenlent. Non~Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other provision later. " Applicable Law; Severability; A3signment: No matter where you live, this: Agreement and your Account are governed by federal law and by the law pfthe 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 Aa:ount are governed by federa11aw and the law of your state ofresidence. This Agreement is a final expression of the agreement between you and us and may not be contradicted by evidence of any 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 conform 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. Ifstate law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a financing statement with the state's Secretary of State. Credit Reporting. If you .fail to fulfill the terms of your credit obligation. a negative credit report reflecting on your credit record may be submitted to a credit reporting agency. In orderto dispute any information we are reporting about your Account, you must: write to us at the following address: rust Select Corporation, P.O. Box 9104. Pleasanton, California, 94566. YOUR BILLING RIGHTS. KEEP TffiS NOTICE FOR FUTURE USE Ii ~ r II 11 . , ,1 ~ .' This notice CQnWns important information about your rights and our respo[lSlbilities under the Fair Credit Billing Act. Notify Us in Case ofErrol"S or Questions About Your Bill If you think your bill is 'Wrong, or if you need more information about an entry on your bill,. write us, on a separate sheet:,. at the following address: First Select Corporation,. P.O. Box 9104, Pleasanton, CA 94566. Write to us.as soon as possible. We must hear from you no later than 60 days after we sent YOll thefustbill 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 and Account number. . The dollar amount of the suspected error. - , . Describe the: error and explain,. if you can. why you believe there is an error. If you need more information, describe the item you are not sure about Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days. unless we have corrected the error by.then. Within 90 days, we must either correct the error or explain why we believe the bin was correct After we receive your letter, we cannot try to coIIect or report you as delinquent as to any amount you question. including :fmance charges. We can. apply any unpaid amount against your credit line. Yau do not have to pay any questioned amount while we arc investigating, but you are still obligated to pay the pare: of the bill that are not in question. , Ifwe find that we made a mistake on your bill. you will not have to pay any :fmance charge related to any questioned amount. Ifwe did not make a mistake, you may have to pay finance charges, and you will have to make up the missed payments on the questioned amount. In either case, 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 delinquent. However, if our explanation does not satisfY you and you write to us within 10 days telling us that you still re.fb:se to pay, we must tell anyone we report you to that you question your bill. Puld we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter bas been settled between us when it finally is. Ifwe do not foIIow these roles, we cannot,collect the f1rSt 550 of the questioned amount even if your bill was CQrrcct. Special Rule tor Credit Card Purch.a3es If you have a problem with the quality of goods ~d services that YOll purchased with your ASSOICATES credit ~ and you have tried in goo.d faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. There:tl'e two limitations to this nght: (~) you must have made the purchase in your home state or, if not within your home state, within 100 miles of your current mailing address; and (b) the purchase ~ncc must have been more than $:50. These limitations do not apply if either we or ASSOlCATES own or operate the merchant,. or ifwe or ASSOrCATES malled you the advertisement for the property or services. "86 ...L.-..w~'-~~~.' ~'"~""1~iiiii'AS~~~9li!~1 ~ " <"~>""">'''''~''''''- '... ' -6g,. (\:J ti ~ ~~ fi:- ~ '0 0 ;^ () \) -( t r ,CY p:~ ~ -{) ...... ~ --{;: '0 ~ -r.J(':C; n1,:.-, Z:.jj ~~:~ c.::.: c:~: ,- S:C, };t: ;'::' ....., -< ~ <~O' '--' -1"1 -" lt1 OJ ..~ ~-r -n ,1-- ,'- ~-C'f~ ~ '...J ~J(:~ ,:;j2~ (-5i";1: <I SJ -< CD -0 ~" Iv 8 I, -~. -ld SHERIFF'S RETURN - REGULAR CASE NO: 2000-00965 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS NYE CHARLES L KATHY CLARKE , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NYE CHARLES L the DEFENDANT , at 0017:38 HOURS, on the 23rd day of February, 2000 at 221 S SECOND ST LEMOYNE, PA 17043 NICK SALERNO (FRIEND) by handing to 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 18.00 9.92 .00 10.00 .00 37.92 So Answers: r~~~~~t R. Thomas Kline me this .( <i ~ day of 02/25/2000 PARK LAW ASSOCIATES By. .~ ekk Deput Sheriff Sworn and Subscribed to before ~,u.J...J ~ A.D. ~ Q.7?tdl,." $17 rothonotary . ,n';i,,"},"W,~ . ~~~ ~ I~.;.,. ~, ~ - --',' ,:,~ VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNgy FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC Plaintiff VS CHARLES L NYE Defendant NO. 2000-965 PRAECIPE TO MARK JUDGMENT SATISFIED, SETTLED, DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly mark the above captioned matter satisfied upon payment of your costs. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE Il!liIRirtJ 'l!:Ij~~,jijUl*~iiillf~"~~~ii!IOWjt,jjl.~~ -"- ',' ','.~~ :' ~~ ~, g c:> 0 W ." ~ :!l: -l '"0 CD :PO ..,.. , fTlrn -< h"~ Z:C W .'om zr'- "q: en. :~: 0 ,.,.J ~6 (:)0 ""U :~::tj ~o :x ':J- ~.>""o :;;;8- ~ 01'11 -I Z, ~ :< (Xl '< ""