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HomeMy WebLinkAbout00-04743 - :''" ' ~~ ,," 'Jo_-" 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 VB. KEVIN L FULTON < Defendant NO. m - '11'13 4J 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. _L d ;;; ~.' . VALERIE ROSE~BLUTH 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#:4168100004810147 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF I VB KEVIN L FULTON 7 BUCHANAN ST NEWVILLE, PA 17241-1527 DEFENDANT NO. tro _ '/1'13 (!wJ.. -r..u.-- CIVIL ACTION 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, KEVIN L FULTON, is an individual who resides at 7 BUCHANAN ST, NEWVILLE, PA 17241-1527. 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 4168100004810147. ... 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 $6,450.12 as of 02/16/2000, 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 $1,290.02. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $6,450.12, plus pre-judgment interest at the contractual rate of 19.80% per annum from 02/16/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,290.02, 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 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 $6,450.12, plus pre-judgment interest at the contractual rate of 19.80% per annum from 02/16/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,290.02, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P. C . / BY: VALER 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. 0_' ".t; -.", _, I ,; ,- - -,_ _ '.'" e',~ . '.~ VERIFICATION I, JIU.-PUWAM , declare that as of May 15, 2000: I am a designated agent of PROVIDIAN NATIONAL BANK, 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. . ". ,EXH.\srt' ,~,~ ACCOUNT AGREEMENT Y QUt" DISCOVER account bas been tr.msferred to First S~I~ct Corporation., Your DISCOVER aCCOunt was closed at the time of this transfer and wiIl therefore continue to be closed. ~~ Account Agreement contains the terms that govern you. First Select account (the "Account"). In this Agreement. ~'you" and "your" menn each person who IS liable for payment on the Account "We," "our," .,'ours," and "us" mean First Select Corporation or its assignees. Becaust: your Account has been transferred to us. you are now obligated to repay the Account to us inste::Ld ofDISCO'V'ER. [[the Account was opened as :l.joint ;lCCOUnt, we may act on the instructions of any joint accountholder. Payment3 {FInance Ch:J.rges. As long as you. have a balance outstanding on your Account. :finance charges are c.alcul.::1t:ed as follows: To figJfI'e the fmance charges for each billing cycl~. Y"e multiply the average daily balance on you: Account by a c1ail:: peri~dic t:Ue. The ~ily periodic rate we apply IS ycur Account's A.nnual Percentage Rate diVIded by 365. The Annual ?t:rCentag~ Rate will be c.a.lculateo:i as dlSclO$ed in your most recent DISCOV'ER account terms (the "Original T<mns"), If your Original Te:rms provided for different Annual Percent::l.ge Rates to be applied to different components oryour outst.aDding balance. we will apply the lowest such Annual Perc~c:re Rate to your entire outstanding balance. We may accept late or partial payments, or payments marked "paid in full" or marked with othe%' 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 will first veritY your identity and eligibility for this service. You may revoke your authorization by writing to Firn: 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 ortbe ma.mum rate charge pennitted by the law ofyoW' state of~idence. wbichever is fower. We win charge YOllr Account a fee for each returned payment check (returned check charge). The o.mount of the returned check charge will be as disclosed in your Original Terms. or the rna.-cimum returned check charge permitted by the law of your state of residence, whichever is lower. To the extent provided in your Original Tenns. and to the extent pe:mitted by applicable UlW. in addition to your-obligation to paytbe outstanding balance on your . Account,. plus interest and fees as disclosed herein. we may also charge you for any coUection 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 arising out of this Agreement. Non-'\Vaiver of Certain Rights. We may delay or waive enforc:ement of any provision of this Agreement without losing our right to enforce it or any other provision later. '. AppliC:::J:ble 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 th~ applicable law in your Original Terms. If your Original terms did not contain an applicable la.w provision,. then this Agreement and your Account are governed by feder.U. law and the la.w of your state of residence. This Agreement is.a.final e:qlression of the agreement between you and us :lOd 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. If state law requires that you rec:eive notice of such an event to protect the purcnaser or JSSignee. we may give you such notice by filing a financing statement with the state's Secretary of State. . . Credit Reporting; Per.lonallnfonnatiOlL If you fail to fulfill the terms of your credit <:Ibligiltion, a negative credit report rer1ecting on your credit record may be submitted to a credit reporting agency, In order,to dispute any information we are reporting about your Account. you must ...vrite to us at the followin~ address: First Select Corporation. P.O. Box 9104.,PlCasantOIL, CalifanU3., $14566. We may ~hare informatio" with our affiliate: including. without iimitat~on. Proyidian National Ban" and Pruyidian Ban' Hawe.7C'.;t0f4 mar write to ~ at any tim~ mrtnlcting w: not f9 tltare. cuditinfonnation witIr fJUf' afTdlatu. YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights :md our responsibilities under the Fair Credit Billing Act. Notify Us in Case ofErrol'3 or Questions About Your Bill If you think your bill is wrong,. or if you ne::<! more information about an entry on your bill. write us. on a. separate sheet. at the following address: First Seleat . Corporation. P.O. Box 9104. PIea.santOIl, CA 94566. Write to us as soon as possible. We must hear from you no later than 60 dot}S.utero we sent you the flr.rt bill on which the error or problem appe:1rCd. You can telephone us. but doing so will not preserve your rights. In your l~er. give us the following: . Your name and Account number. .. The doll3%' amount of the suspected en'Or. .. Describe the error and e.:(plain,. if you c:Jn,. ~hy you believe there is an error. If you deed more Information. describe the item you:lre 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 e;;plain why we believe the bill was correct. Ai.'l:er we receive your letter~ we c~ot try to colIect or report you as delinquent as to any amount you question, inC!UdlIlg finance chnrges. We can apply any unpaid amoJ.mt agaiilSt. your c:-edit tine. Yau do not have to pay any questioned amount while we are investigating. but you are still obligated to pay the parts of the bilI that are not in question. Ifwe find that we made il mist:1ke on your bill, you will not have to ooy any finance charge related to any questioned :unount. Ifwe did not make a. mistake. you may have to pa.y iinance charges, and you will"have to make up the inissed paym~ts on the questioned amount In either case. we will send. you a statem~ of the amount you owe nnd the date that it is due. If you fail to pay the amount We think you owe, we mOlY report you as delinquent. However, if o?t' expIana.con does not satisfY you and you .......rite to us within 10 days telling us that you still refuse to pay. we must tell anyone we report y.ouJo that you question y~ur bill .' And we must tell you the name of anyone we report~ you to. We must teU anyone we report you to that the matter ffi1s been settled between us when It finally IS. Ifwe do not follow these roles, we emmot coUect the first $50 oftbe questioned amount even if your bill was correct. , Specl:U Rule for Credit Card Ptm::hases If you 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 sev:ices. There are two limitations to this right: (a) Yi?u must have made the purchase in your home state or. if not within your home $Ute. within 100 miles of your current: mailing address; 3lld (b) the purc~ pnce must lw.w been more than $50. Th<:se limit:ttions do not apply if either we or DISCOVER own or OJXr.lt~ th~ merchant. or ifwe or DISCOVER maIled you the: advertisement for the property or services. . __llIIin --j .~ - -- ~- "'"' ~ lllii;!1~lCil.fu'lt.'I1'" . ,,-~iJ~~~_J.4:Mlili1i.J'- .1 ~~ ~ ~\ ~ ~< ~ ~; ~ '() "\\ ~~...!&.L' "'~U_l_'^'" g -o~ m[L Z[T] Z~ (fJJ" -<~i?" '< c'J ~O ,>0 c: ~ ~ ~ ~ ~ ~ ~ \.'j ). ~ ~ 0-. ~ ~ ~ " ""~""",,," , il " It ~~ ,- C :.,: ,. I W -0 :Jt" ;' ;~fJJ -',".,n"' 'ili' ~~ zt5 Om '-l J> ::u -< 'is' N W .,~ '" -~-~, SHERIFF'S RETURN - REGULAR CASE NO: 2000-04743 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORP VS FULTON KEVIN L SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon FULTON KEVIN L the DEFENDANT , at 1953:00 HOURS, on the 7th day of July , 2000 at 7 BUCHANAN ST. NEWVILLE, PA 17241 by handing to KEVIN FULTON 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 7.44 .00 10.00 .00 35.44 So Answers: r~~ R. Thomas Kline Sworn and Subscribed to before 07/12/2000 PARK LAW ASSOCIATES ~m~ Deputy Sheriff By: me this 20 day of 3iJ~. . 20aJ . ... A.D. ~ ,~.rd~i;~gn. ~ , ~ 0' ~-",,'-;' "< ,~~ -' - '.' ,', ;. __0 , li ,. .. 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: 7 BUCHANAN ST NEWVILLE, PA 17241-1527 4168100004810147 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS KEVIN L FULTON Defendant NO.00-4743CV 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: AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS $6,450.12 $1,290.02 $608.82 ($0.00) ($0.00) TOTAL $8,348.96 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". / VALER ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff ,- ' ' ,'- - ~.",," ",.. - -". 0., -~, .-_.__.. " i .. .. . AND NOW, /)(1ft.~ It.., .:2C)a?J , Judgment is entered in favor of the Pl intiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the ab~ certifiCatiO~', IJ",.;/;.;) 12..4 ~ONOTARY --- 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. w ~, 'Il;~:(1 . , VALERIE ROSENBLUTH PARK ATTORNEY !.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: 7 BUCHANAN ST NEWVILLE, PA 17241-1527 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS KEVIN L FULTON Defendant NO.00-4743CV NOTICE OFPRAEOWE FOR ENTRY OF DEFAULT JUDGMENT TO: KEVIN L FULTON 7BUCHANANST NEWVILLE, PA 17241-1527 DATE OF NOTICE: 7/28/00 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 JUDGMENf 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR CARLISLE,PA 17013 (717) 240-6200 :~LA~~ ~ ROSENBLUTH PARK, ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORl\1ATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT IA " L. ..--= ""4-J'-' . ..-. <-..-,- 0' ,"'-L~ ~,~~ 'c _~, "C . - '" ' ,- ,-. ~ - ~!' Ii . 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: 7 BUCHANAN ST NEWVILLE, PA 17241-1527 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS KEVIN L FULTON NO. 00-4743CV Defendant VERIFICATION Of NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS Ii 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 KEVIN L FULTON, Defendant is over 21 years of age; that his/her place of residence/business is located at 7 BUCHANAN ST NEWVILLE, PA 17241- 1527 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 ASS CIAT ,P.C. BY: Valerie Attorney osenbluth Park for Plaintiff E10 < ,-" '."r >-,~ -~ ",- . -- .""~,- --,',-, . 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: 7 BUCHANAN ST NEWVILLE, PA 17241-1527 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS KEVIN L FULTON NO. 00-4743CV 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. 'R'12N~' R ~ I'/It./CO IV 'J'/] ..) . I' FA;R DEBT COLLECTION PRAC CES ACT, IT IS THE FOLLOWING TO YOU. THIS IS AN ATTEMPT INFORMATION OBTAINED WILL BE USED FOR THAT -'."< " il!tllll~~'tW!r '. I iJl ,~ _ ~ ,oj =-",~i;I ~ ,~- ~-Jj -~ '; '"", '"""--,",,, t~ ~ ~ a ..0 "Cl ~ 1" ---.0 ~ V j --0 iN p::: !I.I' -l: fi:~ J ,--. , o C <:" -055 mr-;--; Z:::n zc:" ~~-~: r::CJ ~, ~Q -,.u Pc :.7..:': --' -< -'i.(~ -'0,"_;' .' , ' o CI :po. ,- 5 o -'11 -" 1= ',~~ ~-:~~ ~~ (~rn ,..::i )> ::0 -< en --0 ::i: s"? .;:- l1J