The URL can be used to link to this page

Home My WebLink About00-04323 .t. ~'"'i' , . j ?,)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. DELZA J SMITH Defendant NO. 60 -AfJ;U CCJl'('r~ 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 4 th Floor, Cumber land 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. '. "-~,,"', r. __ "~'~, " ,"'- ~' " -, '" "', ,.--,"" " , , " .." .::~ ,';"1 -_>~J~< h",,"' ,",,', .' ,0.' "_ Ii; '", . . " . "-~ 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#:4168100006733149 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS DELZA J SMITH 408 BRIAN CT MECHANICSBURG, PA 17055-4620 DEFENDANT NO. (/'"D - 13.13 C;;/ "/.-U<-- CIVIL ~CTION 1. The Plaintiff, First Select, Inc. is a Delaware corporation organized and existing under the laws of the State of Delaware 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, DELZA J SMITH, is an individual who resides at 408 BRIAN CT, MECHANICSBURG, PA l7055-4620. 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 4168100006733149. 4. The terms of said account are stated in the documentation attached hereto as Exhibit "A" . <~t 0'. , Ii" l ""'M~"-", , , 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 $2,293.37 as of 02/l2/2000, plus pre-judgment contractual interest at the rate of 14.40% 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 $458.67. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $2,293.37, plus pre-judgment interest at the contractual rate of 14.40% per annum from 02/12/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $458.67, 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. 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 'Wi' ~- L~ " I..,>';, , . 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, Inc. and against the Defendant in the amount of $2,293.37, plus pre-judgment interest at the contractual rate of 14.40% per annum from 02/l2/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $458.67, 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. I.~ "" .." t.... '~ ",j ... l VERIFICATION I, MARY M-.-MAXFnot-J , declare that as of February 28, 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. /!IJ1(a rA ~ ~RY M. MAXEDON Designated Agent ~~J ~ ~ ....., 1,,-/ ... 5040 JOHNSON DRIVE P.O. BOX 9104- PLEASANTON, CA 94566 888-964-4000 ". ...~. &oj ~ f- Fl c 0 EXHIBIT ACCOUNT AGREEMENT j 4 Your D [SCOVER account has be~n t.--ansferred to First Select Corporation. Your DfSCO VER account was clos~d at the time of th_is transfer, and will therefore continue to be closed. This Account Agreement contains the terms that govern your First Select account (the" Account"). In this Agreement, "you" a."1d "your" mean each person who is liable for payment on the Account. "We," "cur," "ours," and "us" mean Erst Select Corporation or its :ISSjgne~s. Because vour ,6"ccoun~ has been transferred to us, you are now obligated to repay the Account to us instead of DISCO \fER. If the Account was opened as ajoint account,';'e may act on the instructions of any joint accountho!der. Payments I Finance Charges. .r\s long as you have a balance outstanding on your Account, fmance charg:~ .In: calculated as follows: To figure the flOance charges for each billing cycle. we multiply the average daily balance on your Account by a daily periodic rate. Tne daily periodic rate we npply is your Account's .<\Mual Percentage Rate divided by 365. The Almual Percentage Rnte wilt be c:l.lcul:11ed as disclosed in your most recent DISCOv"ER account tenm (the "Original Terms"). lfyour Original Terms provided fOI" different Annual Perc~ntJ.ge R.at<:s to be app!ied to different components of your outstanding balance, we will apply the lowest such Annual Percent::l.ge Rate to your entire outst:L.,,:ding bala:J.l:e. We ma.y accept late or partial payments, or payments marked "paid in full" or marked with other restrictions, without losing ounight to collect:l.ll amounts owing unde. this Agreement. . Fee:!. We will charge your Account a fee for each billing cycle within which your Account is delin,quent (1:11= charge). The amount ofLhe late charge will be as disclosed in your Original Terms or the rtUl.'Cimum late charge permirted by t..i.e law of your state ofresid':llc=. whichever is lower. We will charge your Account a fee for ea.ch retumed payment check (returned check charge). The amount of the returned check charge will be as disclosed in your Original Terms, or the maximum returned check charge permitted by the law of your state of residence, whichever is lower. To tho:: extent provided in your Original Terms, and to the extent permined by applicable law, in addition to your obligation to pay the outstanding balance on your AccoIJ:C'lC, plus interest and fees as disclosed herein, we ma.y :1/se charge JOu for any collectien costs we- toCUl", including but C'lot limited to l"C'a$'onable ilttomeys' fees and court costs. If your Original Terms provided for an award ofattomeys' fees and ccurt costs, such provision as incorporated herein shall apply reciprocally to the prevailing party in any lawsuit arising eut of this Agreement. Non-Waiver of Cert::1in Rights. We may delay or waive enfcrcement of any provision of this Agreem~nt ....ithout losing our right to enforce it or any other prevision late.. . _ .. w,. . '.... .. . Applicable Law; Severability; ..\.ssigrunent. NO' matter where you live, this Agreement and your Account are geverned by federal law and by the law of the state designated as the applicable law in your Original Tenns. If your Original terms did nct contain an applicable law provision, then this Agreement and your Accoun( are govemed by federal law .3..'1d the law of your st:I.te ofresidel'lce. This Agreement IS a fmat expr~ion of the agreement between you and us and may not be contradicted by evidence ef any alleged oral agreement. If any provisicn of this Agreement is held ,0 be invalid or unenforceable, you and we will consider that provision modified to confonn to applicable law, and the rest of the provisions in the Agreeme:J.t will s-JlI be enforceable. We may transfer or assign cur right to all er some of your payments. If state law requires that you receive notice of such 3I1 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. Cndit Rep()rtlng. If you fail to fulfill the terms of your credit obligation, a negative credit report. ref1<:cting on your credlt record may be submitted to a credlt reporting ngency. In order to dispute any infonnation we are reporting about your .llu:count, you must write to us at the following address: First Select . Corporatien, P.O. Box: 9104, Pleasanton,. Calif9rrP_ll, 94566. YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR Ft:TURE USE This notice contains important information about your rights .lnd our responsibilities under t..~e F~Lr Cr<:dit Billing Act. Notify t:s in Case of Errors or Questions About Your Bill If you tlUnk. yeur bill is wrong, or if you need mQre _infonnaJ.ion about an entry on your bill, ""rite us, on a sep:U-:1te sheet, at the following address: First Select CQrporatiotl, P.O. Bo:< 9104, Pleasanton, CA 94566. Write, to us as soon as possibl-e. We must hear from you no later than 60 c:!.ys werwe sent you the first bill on which th.e errcr or problem appeared.. Y eu can telephone us, but doing so will not preserve your rights. In your {e~r, give us the following: Your name and Account number. The dq!:i:u- alnount of the suspected error. . . - 'W~ -..,.". Descnbe tIte error and explain, uyeu can, why you believe there is an error. If you need more i.I".fonnation, describe the item you are not su~ about Your Righ~ and Our Responsibilities After We Ro::ceive Your Written Notice We must a.cknowledge your lette:" within 30 days. unlt':$S we have corrected the elTQr by then. Withi."t 90 &ys, we must cither correct the error or e;.:plain why we believe dle bill was correct. Mer we receive your letter, we cannot try to collect or report you as ddinGuent as to' any amount you question, including fm:1nce charges. We can appLY any unpaid amount against your credit line. You do not have to pay a.,y questioned amount while we are investigating, but you are stilt obligated to pay the parts of the bill that are not in question. Ifwe find that we made a mistl1ke on your bill, you will not have to pay any fin:lIlce ch;uge related to any qu~,joned omount 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 eitho::r c:JSe. we will send yeu a. st:l.tement of the J.mount you owe and the date that it is dUe. If you fail to pay the :unount we thin."-. you owe, we ma.y reptlrt you as delinquent. However, if our explanation does not satisfy you and you write to us within 10 days telling us that you stllJ refuse to pay, we must tell anyone we report you to thatyeu question your bill, And we must tel! you the n:une of anyone We reported you to'. Wi:. must tell anyone we report you to that th.: matter has been settled between us when it finally is. Ifwe do not follow these :-utes, we cannct coHect the first S50 of the questicned amount o::ven if your bill W:J.5 correct. Special Rule for Credit Card Purchase:> If you have a problem with the quality of go cds and services that you purchased with your D!SCO\o"ER cr~C.lt C:ll"d ~d you have tried in good f:uth to correct tho:: pl'oblem with the merchant, you may not have to pay the rem:1ining amount due on the goods or se.rvic~s. 1':'1<:re ~~ two limitations to this right: (a) y?u must have made the purchase in your home state or, if not within your home state. within 100 mil.:s ofyourcurr.:ru m:l.Llmg address; ::Lnd (b) the purch:!Se prtce must have be~;' more than $50. These limitations do not apply if either we or DISCOVER 0""TI or cper:He the merchan[, or if we or D[SCOVER mailed you tho:: aJvl':rtise:nent far the propefty or services. Z586 lS86 jj"'l '",t_~, '-~'.Br~f~:M!~"" llliillili1iil!.I~~~-' ~Ill~t:.i!~" c.. ~ ,'" ._,., ., ~ ,_.~, ,"" ,- ^ '" ";'d';',,;' _.....,.,.......iiWil~' - ,<'';; ,......-'. '1"'" "-,,,, -J06l ,. '....~ ~ - (V ('j ~ ~ ~ ~ (") c.::> 0 \l:- e 0 .." fit ~ffi '- '8 .m c:: ~J: .." B *:1J Z. J1'l-"." ...0 0 8 2'r N ~T1 rt=l 11) <7j.;!" en :0'0 ..J ~ 0 ~;_z 06 ~:C' ---I I " 'J;; -r, ~ I ~:o :x r~~ ~O '70 V ~ )>.~ c.J ~rn ,. 1f' p:: =< ~ "'- t L'L- ~, SHERIFF'S RETURN - REGULAR CASE NO: 2000-04323 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS SMITH DELZA J ROBERT L. FINK, SR. , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SMITH DELZA J the DEFENDANT , at 1620:00 HOURS, on the 30th day of June , 2000 at 408 BRIAN COURT MECHANICSBURG, PA 17055 by handing to DELZA SMITH a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 8.06 .00 10.00 .00 36.06 So AnSWe?~~ R. Thomas Kline Sworn and Subscribed to before 07/03/2000 PARK LAW ASSOCIATES BY:~;d-~~ Deputy Sheriff me this 12. i!:e day of Cf1!.; 2oV-O A.D. ~o~o~'~ ", ..~. ,-~~- , -,,, .... . 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: 408 BRIAN CT MECHANICSBURG, PA 17055-4620 4168100006733149 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS DELZA J SMITH Defendant NO.00-4323 PRAECIP,E FOR JUDGMENT TO THE PROTHONOTARY: I 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: TOTAL $2,293.37 $458,67 $356.48 ($0.00) ($0.00) $3,108.52 PLUS ADDITIONAL COSTS AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS 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". / VAL E ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff . AND NOW, fYl ~ IN _, c200 I , Judgment is entered in favor of the Plaintiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. ;J:,' , .~~ ... (L:;t;:;) ~.~ PROTHONOTARY I ~ " ~:i 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. ,_....J I ~ '\.' ... VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. DRNE 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD PLEASANTON, CA 94588 DEF: 408 BRIAN CT MECHANICSBURG, P A 17055-4620 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS DELZA J SMITH . Defendant NO. 00-4323 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: DELZA J SMITH 408 BRIAN CT MECHANICSBURG, PA 17055-4620 DATE OF NOTICE: 8/2/00 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A mDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RlGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR CARLISLE, P A 17013 (717) 240-6200 :~LA~ VAL ROSENBLUTH PARK, ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAlNED WILL BE USED FOR THAT PURPOSE. EXHIBIT It wr 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 f. I' ,I -.wi .... I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 408 BRIAN CT MECHANICSBURG, PA 17055-4620 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS DELZA J SMITH Defendant NO. 00-4323 VERIFICATION Of NON-MILITARY SERVICE 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 Plaintif.f, being authorized to do so, and that she believes and therefore avers, that DELZA J SMITH, Defendant is over 21 years of age; that his/her place of residence/business is located at 408 BRIAN CT MECHANICSBURG, PA 17055-4620 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 Soldiers and Sailors Civil Relief Act of Congress of 1940 and its amendments. PARK LAW ASSOCIATES ~/ BY: -k Valle Rosenbluth Park Attorney for Plaintiff 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: 408 BRIAN CT MECHANICSBURG, PA 17055-4620 CUMBERLAND COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS DELZA J SMITH NO. 00-4323 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. PURSUANT TO THE REQUIRED THAT WE STATE TO COLLECT A DEBT. ANY PURPOSE. P0;~~~, ~ FAIR DEBT COLLECTION P~ICES ACT, IT IS THE FOLLOWING TO YOU. THIS IS AN ATTEMPT INFORMATION OBTAINED WILL BE USED FOR THAT '""0;-:;." 'r,,;"c'ii'~,^, ~ "-.'. "'lIiIIilBtJ'il'w' '"",....-' """")I ~~~'""" m.J:l M - () ~ tj; ~ a ~. '- -- :c) ~ ~ ~ r ~ ~t '< '~,r~ " ,~ o c <- -utt ITJI''rl .z: :!'J 2:r;:~ (0=: -< L~. ~c :E'c 2:c. Pc 2: =< Cl o ~n :::J!: :;.~ ::0 >~21 \D Cl ~:: -;:;::9 w .. ~~:.:'l(j '-1' -T~ (~~R ~~i'n 5; -<:: U1 'v