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HomeMy WebLinkAbout01-5711VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestow~, PA 18901 (215) 348-5200 ATTOP~NEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, ROBERT BAZDAR INC. Plaintiff VS. Defendant NOTICE NO. OI 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800) 990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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# :4168100013605041 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS ROBERT BAZDAR 3 NITTANY DR MECHANICSBURG, PA 17055-5592 DEFENDANT 1. The Plaintiff, CIVIL ACTION 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, ROBERT BAZDAR , is an individual who resides at 3 NITTANY DR MECHANICSBURG, PA 17055-5592, 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 4168100013605041. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 4. The terms of said account are stated in the documentation attached hereto as Exhibit 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 $7,132.44 as of 01/24/2001, plus pre-judgment contractual interest at the rate of 8.00% per annum, less payments made. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $7,132.44, plus pre-judgment interest at the contractual rate of 8.00% per annum from 01/24/2001 until the date of the judgment herein, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COD-NT 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. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. WHEREFORE, Plaintiff demands that Judgment be rendered in favor of the Plaintiff, First Select, Inc. and against the Defendant in the amount of $7,132.44, plus pre-judgment interest at the contractual rate of 8.00% per annum from 01/24/2001 until the date of the judgment herein, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LA~ 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. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR T~AT PURPOSE. VERIFICATION I, SANDY BORCHEEf , declare that: I am a Designated Agent of FIRST SELECT, INC., 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. authorities. I declare under penalty of perjury that the true and correct. Executed at Alameda County, in the State of Section 4904 relating to unsworn falsification to foregoing are California. Date Designated Agent EXHIBIT_ ACCOUNT AGREEMENT .......... uA ^.count "We" "our" "ours," and "us" mean Fi~t Select Corporation or its assignees: ~ecavse your apply i~ your Aa:count's Armual p~ _,~e~a~ Rathe ~l~d,~ed~b? 3~65~vldad for different ~ual percentage Rates to be applied to diffetml oomponent~ of your account terms (the"Original Terms ). ix your oq, g~na, .,e~aa~ r ...... ~.~:_~ ...... under this Ag~ement. You may ask Ftrst ~¢1~¢t t'% .¢?°rau°n t° P,? ~ ~,~2~;,~, hv ~t~ to Fire Se ecl Comoratim Cromer Service. Feea. We will charge your Account a fe.¢ fo[ each .bi)iln,g cycle w,~ it~.rhhivcht~Y: ~urwAocfcv°ouu~r ~atd¢~"~f qr~u~tde~(lca;,ewc ~ha~.ch~:er .T~ ;owa~Z~nt of the late charge will be a~ We will charge your Account a (ce for each re~, m~ed_ ,? a~y~ _ _~a.t ,c~.ktt~de~?~e~e ~ahweeokf~¥h~u rg2t e~oo~ r~a~.~tc~,fwthh]2evt~d ~ohw~k.char§e ~dll be as disclosed in To the extent provided m your Ori,.g~, 1 T..er~, ~nd to the e~l~tae~t~evdoubYfoar~anliv ¢cao~ 1: ~v; ~n&ddwi~°~ tc~°,,Y;~l u°~,limSa~7 nt o°tPl~?~t°t~r~eas~}alaToC;~s,y°ur ~;i~pra~o~a~l°y tunoct~e'¢~l~ing party~'~ any lav~mit arisislg out of this Agreement. ....... 'e Law:. Scverablltt2q, AsMglmlenL No matter wh~re you live, this Agreement and your Ac ~, 9 _u~?' _a~e~.g..o_v~u~. a ~ed....b~y t~eden~a~w andm~bY tth~n;a~°°m'f the state designated as the appheabl¢ taw m your .O.ri. 'g~al T~erms. If gour~ O~. ~gi_n_?_ .terms~.:.diad~n~Cement is a ~maaPPl ~m, ion of the agreement b~twee~ you md m md my Accotmt are g..owam, ed by.f~eral [aw an.d,~e {aw o? y~o _ur~stat~o o[fr~;ae~e..xta;f~ Agreement is h~{g[~].~, invalid or =enforceable, you and we ?11 com3d?. not be eo.i~., adicted.py..e~aden~ ox ~a~y au ,e..g_ ~a~,o. ~r ~..a.~ ~' o(t~e ~rV~vt~tno~ in th~ Agreemgnt ~all still be enforceable. We may lxa~er or assign, o,u~r aubmiltedtoaemditreportingagency. Inoro~rt°msp.u~...any. tm~.°~n~).u~,~°=~'.~v~.?r-2_~t~n ' utMT~liat~indudln ,w~th~utllma?ton, Pr~,tatan First Select Corporation, P.O. Box 9104, pleaaantoth Caliform.a, ,~oo. rv, m.~ s .n ~r~,.~_r_m. ~ If you think your bill is wrong, or if you n~.,¢d m~o~?~,o~ ab o~uutman~noOssn iYb;¢U,r ~I' ~u ~ehUeS~r °~oam~PY oua~atno~ ~aht ~t h;0fi~sW~awd~° se ~e it YF& un~tt ~ee ~n~t bill · · After we receive our letter, w* earmnt W to collect °r rep°rt Y°U as ddin?ent as t° any -a 'm"- °unt Y°U: qu~t)°n"incl'udng afinar~an~ill cb~v~ ~4b~i 1~ a~W ~a p~ ~r ~ tmpaid amount agY~t your credit line. You do not have to pay may questtoned mount while we are mvesUgntmg, out you ..... char-e related to an" -,,¢stioned amount. If we did not make a mistake, you th¢'amount you owe and the date that t sdue, Ifyou fail[opaytl~amour~wetmtmy°uuw='---~glfa~von'ewer rtx3outothatyouquestonyourbill va ohlem with the uailty of goods and services that ~o}~ purchased w,th your ASSOCIAT]}S SHERIFF'S CASE NO: 2001-05711 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS BAZDAR ROBERT RETURN - REGULAR CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BAZDAR ROBERT the DEFENDANT , at 2107:00 HOURS, at 3 NITTANY DRIVE MECHANICSBURG, PA 17055-5592 ROBERT BAZDAR on the 4th day of October , 2001 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 18.00 Service 6.50 Affidavit .00 Surcharge 10.00 .00 34.50 Sworn and Subscribed to before me this /~ day of O~ ~vgt A.D. l- ; Prothonotary ~ ! So Answers: R. Thomas Kline 10/05/2001 PARK LAW ASSOCIATES By: 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: 3 NITTANY DR MECHANICSBURG, PA 17055-5592 4168100013605041 CUMBEPJ~%AID COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS ROBERT BAZDAR Defendant NO.01-5711 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 $7,132.44 $1,213.00 $370.50 ($o.oo) ($0.00) TOTAL $8,715.94 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 '~. VALERIE ROSENBLUTH PARK, ESQUIRE Attorney for the Plaintiff ~ .~.~ f NOW, , , 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. PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED T~IAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 PLAINTII~'F I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 3 NITTANY DR MECHANICSBURG, PA 17055-5592 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS ROBERT BAZDAR Defendant NO. 01-5711 NOTICE OF PRAECII~E FOR ENTRY OF DEFAULT JUDGMENT TO: ROBERT BAZDAR 3 NHTANY DR MECHANICSBURG, PA 17055~5592 DATE OF NOTICE: 10/25/01 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 JUDGMENT MAY BE ENfERED 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 COURTItOUSE, 4t~ FLOOR CARLISLE, PA 17013 (717) 240-6200 PARK LAW ASSOCIATES, P.C. VALERIE ROSENBLUTH PARK, ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT VALERIE ROSENBLUTH PARK ATTOR/qEY 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: 3 NITTANY DR MECHANICSBURG, PA 17055-5592 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS ROBERT BAZDAR Defendant NO. 01-5711 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 Plaintiff, being authorized to do so, and that she believes and therefore avers, that ROBERT BAZDAR, Defendant is over 21 years of age; that his/her place of residence/business is located at 3 NITTANYDRMECHANICSBURG, PA 17055-5592 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 Soldier~ and~ailors Civil Relief Act of Congress of 1940 and its amen~n~s. PARK LA .~C. BY: Valerie Rosenbluth Park Attorney for Plaintiff El0 VA~ERIE ROSENBLUTH P/%RK · 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: 3 NITTANY DR MECHANICSBURG, PA 17055-5592 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, VS ROBERT BAZDAR INC. Plaintiff Defendant NO. 01-5711 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 [ ] Judgment on [ ] Judgment on [ ] Judgment on [ ] Judgment on [ ] Judgment on [ ] Judgment on [ ] Praecipe to Possession Award of Arbitration Verdict court Findings District Justice Transcripts Judgment Note Writ of Revival 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 FAIR DEBT COLLECTIONC~RACTICES 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.