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HomeMy WebLinkAbout00-02868 ",I __c , ~~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. JUDITH FORD Defendant NO. 60 -:JPf.p CUL l y~ 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 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 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. .C '_' ~_ ,.,',C ,;",' >--'" ~'o' 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 ACT#:4168100106514837 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS JUDITH FORD 611 BRIDGE ST APT 1 NEW CUMBERLAND, PA 17070-1933 DEFENDANT NO. 01J - ;;z7ti ~ - )~ CIVIL ACTION 1. The Plaintiff, FIRST SELECT CORPORATION, is a California corporation organized and existing under the laws of the State of California with its principal place of business at 4460 Rosewood Drive, Pleasanton, CA 94588. Plaintiff is the owner of this account, which is the subject matter of this action. 2. The Defendant, JUDITH FORD, is an individual who resides at 611 BRIDGE ST APT 1, NEW CUMBERLAND, PA 17070-1933. 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, bearing account number 4168100106514837. ~ ,,". " "0' ~--, ",,'. ~ '.'". < 4. The terms of said account are stated in the documentation attached hereto as Exhibit "AU. 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 $3,407.67 as of 01/18/2000, plus pre-judgment contractual interest at the rate of 19.80% 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 $681.53. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT CORPORATION, and against the Defendant in the amount of $3,407.67, plus pre-judgment interest at the contractual rate of 19.80% per annum from 01/18/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $681.53, 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. v ."-- , """-~'"I, , , 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 $3,407.67, plus pre-judgment interest at the contractual rate of 19.80% per annum from 01/18/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $681.53, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALERIE 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. - ~~ y """,,~c ~ VERIFICATION I, MONICA YANKOWSKI , declare that as of February 15, 2000: 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. ~f"~ Designated gent l ~ 'EXH1rIT , /q , ) ACCOUNT AGREEMENT Your DISCOVER ~ccount has been transferred to First Select CorporatioIL Your DISCOVER account was closed at the time of this transfer, and will therefore continue to be closed. This Account Agreement contains the tenns that govem your First Select account (the" A<xountn). 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 or its assignees. Because your Account has been transferred to us, you are now obligated to repay the Account to us instead ofDISCOv'"ER. If the Account was opened as ajoint account, we may act on the instructions of any joint accountholder. Payments I Finance Charges. As long as you have a balance outstanding on your Account, finance charges are calculated as follows: To figure the .fmance 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 365. The Annual Percentage Rate will be calculated as disclosed in your most recent DISCOVER account terms (the "Original Terms"). If your Original Terms provided for different Annual Percentage 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 amounts owing under this Agreement. You may ask First Select Corporation to pay this account by debiting your checking or savings account. First Select Corporation williirst verilY your identity and eligibility for this service. You may revoke your authorization by writing to First 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 Account a fee for each rehImed payment check. (returned check charge), The amount of the returned check charge will be as disclosed in your Original Terms. orthe maximum ~ed check charge permitted by the law of your state of residence, whichever js 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 court costs. If your Original Terms provided for an award of attorneys' fees and court costs, such provision as incorporated herein shall apply reciprocally to the prevailing party in any lawsuit aris~g out of this Agreement Non-Waiver of Certain Rights. We may delay or waive enforcement ofany pro...ision of this Agreement without losing our right to enforce it or any other provision later. Applicable Law; Severability; Assignment. No matter where you live, this Agreement and your Account are governed by federal law and by the law of the 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 Account are governed by federa1law and the law of your state of residence. This Agreement is,a fmal 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; Personal Infonnation. If you fail to fulfill the tenns of your credit obligation, a negative credit report retlecting on your credit record may be submitted to a credit reporting agency. In order to dispute any information we are reporting about :tour Account. you must write to us at the following address; First Select Corporation, P.O. Box 9104, Pleasanton, California, 94566. We maysharr: infrnmatloll with our affiliates including. without limitation, Pro"idian Nmunal Bank an<JPrq"irJian Bank. HOlIf~"u,you may write to us at any time instructin!: us notto :share credit information with (JJU qQiliates. YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE 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 Your Bill If you think your bilI is wrong, or if you need more information about an entry on yourbiIl, 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 you the ftrst bill 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 follov.ing: Your name and Account number. The dolIar 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 biII was correct After we receive your le~. we cannot try to collect or report you as delinquent as to any 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 are investigating, but you are still obligated to pay the parts 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 finance 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 da1e that It is due. lfyou 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 refuse to pay. we must tell anyone we report you to that you question your bill. And we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. Ifwe do not follow these rules, we cannot conect the first 550 of the questioned amount even if your bill was correct Special Rule for Credit Card Purchases !fyou have a problem with the quality of goods and services that you purchased with your DISCOVER credit card and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. There are two limitations to this right: (a) you must have made the purchase in your home state or, ifnot within your home state, within 100 miles of your current mailing address; and (b) the purchase price must have been more than $50. These limitations do not apply if either we or DISCOVER own or operate the merchant, or ifwe or DISCOVER mailed you the advertisement for the property or services. '--:i;"", -.f.-" , ~ iun lt~.~~4~~It.~~oo-/.&-.-.~~lim__,;;] - ~..< .b.!.o 1':J ~ -(Q "s. II'- k ~ "l~ --0 tS()8~ ~ ~ I ~ -v p::: ~ '-t... -jilr"l__1IlIiIIiII n c:: s: -Ow mrn Z-1) zt- (;),";:-'" -<:7 kG ,p('\ '~c5 '>c z =< C) <:;:) :x ",. -< I co ""0 :x ~ t:"" .::- ~ "i'!." 0'r -om 86 ~~ o ?& -< '"-" 0) il'''-,i'k, SHERIFF'S RETURN - REGULAR CASE ~O: 2000-02868 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS FORD JUDITH ROBERT L. FINK Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within CIVIL ACTION was served upon FORD JUDITH the DEFENDANT , at 0019:15 HOURS, on the 10th day of May , 2000 at 611 BRIDGE STREET APT 1 NEW CVMBERLAND, PA 17070-1933 by handing to JUDITH FORD a true and attested copy of CIVIL ACTION together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.54 .00 10.00 .00 38.54 ~~~~? R. Thomas Kline / / !!:' me this ... day of 05/11/2000 PARK LAW ASSOCIATES BY:~~ ~::JJ~ eputy Sneri ", S~orn and Subscribed to before ", 'rk;r ~ : A.D. . ~c2~~ rothonotary , "_,_0 ~ ' '.;,.'. ---'"- "- ~" VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 611 BRIDGE ST APT 1 NEW CUMBERLAND, PA 17070-1933 4168100106514837 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS JUDITH FORD Defendant NO.00-2868 CV PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff and against the said Defendant for failure to plead or otherwise respond to the Complaint and assess the damages as follows: i ~ [~ f,' $3, 4iJ7 . 67 $681. 53 $269.89 ($0.00) ($0.00) $4,359.09 PLUS ADDITIONAL COSTS I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of civil Procedure No. 237.1 is attached hereto and marked Exhibit "A". AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS ):; TOTAL V RIE ROSENBLUTH PARK,ESQUIRE ~ orney for the plaintiff ,"","& _.~. <_".c.. ..;."" - -'_'ri",,',' "_ ',,-' , _ "" .' , ,~, __'" AND NOW, _ )/1.. ~ ~ :JO ,.;)~ , Judgment is entered in favor of the Plaintiff and against the Defendant by Default ,for w.ant of an Answer and damages assessed in the sum set forth in the above certification. 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. -"""'-'.. "'''' , r: ~ Ii ~';j (:,: ;'i i'~ l> i..: r: , I I I: :J VALERIE ROSENBLUTH PARK ATTORNEY LD. # 72094 PARK LAW ASSOCIATES,P.C. DRNE 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 1933 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT TIIE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD PLEASANTON, CA 94588 DEF: 611 BRIDGE ST APT 1 NEW CUMBERLAND, P A 17070- FmST S,:ECT =;; COUNTY:.;"COURT OF COMMON PLEAS JUDITH FORD Defendant NO. 00-2868 CV NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: JUDITH FORD 611 BRIDGE ST APT 1 NEW CUMBERLAND, PA 17070-1933 DATE OF NOTICE: 6/1/00 iI '8" ::I'.' . EXtllBfT ", 'pJ " '> IMPORTAJ.'UNOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAlLED TO TAKE AcrION REQUIRED OF YOU IN THIS CASE. UNLESS YOU Acr WITHIN TEN (10) DAYS FROM TIIE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIIER IMPORTANT RIGHTS. YOU SHOULD TAKE TInS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT AD1\1INISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR CARLISLE, PA 17013 (717) 240-6200 PARK LA W ASSOCIATES;:>/-. BY:~~ ROSENBLUTH PARK, ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. " 'J; ~r' ~ VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 ,PARK ,LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLE S TOWN , PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF; 611 BRIDGE ST APT 1 NEW CUMBERLAND, PA 17070-1933 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff Defendant I NO. 00-"68 CV 0' NON-MILITARY SERVICE VS JUDITH FORD VERIFICATION COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS VALERIE ROSENBLUTH PARK, Esquire, being duly sworn according to law, deposes and says that she will make this affidavit on behalf of the within Plaintiff, being authorized to do so, and that she believes and therefore avers, that JUDITH FORD, Defendant is over 21 years of age; that his/her place of residence/business is located at 611 BRIDGE ST APT 1 NEW CUMBERLAND, PA 17070-1933 and that he/she is employed and that he/she is not in the Military or Naval Service of the United States or its Allies or otherwise within the provisions of the Sol~iers and Sailors Civil Relief Act of Congress of 1940 and its endments. PARK LAW ASSO ATES, P.C osenbluth Park for Plaintiff BY: Va e Attorney E10 . . --, ~._"'; ,,"<--,,,< . " '" " .. .. VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 ,PARK.LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF; 611 BRIDGE ST APT 1 NEW CUMBERLAND, PA 17070-1933 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS JUDITH FORD NO. 00-2868 CV Defendant NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: [X] Judgment by Default [ ] Money Judgment [ ] Judgment in Replevin [ ] Judgment in Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings [ ] Judgment on District Justice Transcripts [ ] Judgment on Judgment Note [ ] Judgment on Writ of Revival [ ] Praecipe to Reassess Damages IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number: (215) 348-5200. t...!Jo/O() PURSUANT TO THE FAIR DEBT COLLECTION PRA ICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. 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