HomeMy WebLinkAbout00-05385
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.
SHERRY L CORISH
Defendant
NO. 00 - SJ?'S
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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.
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THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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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#:4168100007408139
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC.
4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
PLAINTIFF
VS
SHERRY L CORISH
2004 LENOX ST
CAMP HILL, PA 17011-3729
DEFENDANT
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NO. db - 5'.3 r D L-<.v<-t'
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, SHERRY L CORISH, is an individual who resides
at 2004 LENOX ST, CAMP HILL, PA 17011-3729.
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 4168100007408139.
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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
$4,662.92 as of 02/16/2000, plus pre-judgment contractual interest
at the rate of 14.74% 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 $932.58.
WHEREFORE, plaintiff demands that judgment be rendered in
favor of the Plaintiff, FIRST SELECT, INC. and against the
Defendant in the amount of $4,662.92, plus pre-judgment interest
at the contractual rate of 14.74% per annum from 02/16/2000 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $932.58, 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.
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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 $4,662.92, plus pre-judgment interest
at the contractual rate of 14.74% per annum from 02/16/2000 until
the date of the judgment herein, pIus reasonable attorney's fees
in the amount of $932.58, less payments made, plus costs and any
other such relief as this Court deems reasonable and just,
PARK LAW ASSOCIATES, P.C,
BY:
VALER E 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.
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VERIFICATION
RACHEL PADAMA
, declare that as of
March 8, 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.
~ n C kI A ) 'Pro/Qy-y-y-., ~
Designated Agent
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EXHIBrf
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F1RST SELECT
I
CORPQRAT10N
ACCOUNT AGREEMENT
Y 0ur FLEET BA.r--;r.;: account has been transferred to First Sdect Corporation. Your FLEET BA...\JK account was closed at the time arthis transfer, and will
therefore continue to be dosed., 11lis Account Agreement contains the tenns that govern your First Select ~ccount (the "Accou,nt"). ~n this.--\greement, "you" and
"vour" mean each person who IS liable for payment on the Account. "W..;:;,"' "our," "ours." and "us" mean FIrst Select CorporatIOn or Its assIgnees. Because your
r\.Ccollnt has been tral1st~ITed to us, you arc now obligated to repay the Account to us instead of FLEET B.-\...'\-K {fthe Account was opened as a joint account. we
may act on the instructions of any joint accQuntholder.
Pa~ments I Finance Clmrges. .L\..s long as you have a balance outstanding on your Account, financ,;, chafg~s are calculated as tollows:
To figure tho::: finance ch,lfges for each billing cycl~, ~e multiply the average daily balance on your Account by a daily periodi~ rate. TIle daily periodic ~ale we. _
applv is vour Account's Arumal Percentage Rate divIded by 365. The Annual Percentage Rate will b<: calculated as dISclosed III your most r~cent FLEE r BA..'iK
acco'unt i..:rms (the "Original Terms"). If your Original Terms provided for different Annual Percentage Rat~ to be applied to citTerentcomponents of your
outstanding balance. we will apply the lowest such Annual Percentage Rate to your entire outstanding balance.'
W..;:, may accept late or partial payments. or payments mark~d "paid in full" or marked with other ~trictions. without losing our right to collect all amounts owing
under this Agreement.
Fees. w~ will charge vour Account a fee for each billing cycle within which your Account is delinquent (lato<: charge). The amount of the lute charge will be as
disclosed in your Origi~al Terms or the maximum late charge permitted by the law of your ~1ate of residence, whichever is lowt:r.
We will charge your Account a fee for each returned 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 the e:<tent 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 \lour anginal Tenns provided for an award of attorneys' fees and court costs, such prvvisioll as incorporated herein shall apply
ieciprocally to the preva.iling party in any lawsuit arisiog out of this Agreement.
,',""on-Waiver of Certain Rights. We may delay or waive <:rUorcement of any provision 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
designat~d as the applicable law in your Original Terms. If your Original terms did oot contain an apphcable law provision, then this Agreement and your
Accollnt are governed by federal law and the law of your state of residence. This Agreement is a fmal expression of the agreement between you and us and may
not he .:;ontradicted 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 moditi~d 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 ,tll or some ofyollr pllyments. If state law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice
by tiling a linancing statement with the state's Secretary or State.
Credit Reporting. If you fail to fulfill the tenns of your credit obligation, a negative credit report reflecting on your credit record may be submitted to a credit
reporting agencl'. In order to dispute any information we are reporting about your Account, 'IOU must write to us at the following address: First Select
Corporation, p.b. Box 9104, Pl.-:asanton, California, 94566. .
YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE
This notice contains imFort..nt information about your rights and our responsibilities under the Fair Credit Billing Act
Notity Us in Case ofEl'rors or Questions About Your Bill
If you think. your bill is \oVTong, or if you need more information about an entry on your bill, write us, on a separate sheet, at the foHowing address: First Select
Corporation, P.O. Box 9104, Pleasanton, CA ~4566. Write to us as soon as possible. We must hear from you no later than 60 days after we ~ent you the first 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 following:
Your name and Account number.
. The dollar amount ofthe 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 W Mtten Notice
We must acknowledge your letter within ~O days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we
believe the bill was correct. A:fte~ we receIve y~ur letter, we ~an.not try to collect or reFort you as delinquent as to any amount you question, including finance
chu.rges. We can apply any unpal.d amount agal~ YOll~ credit hne. You do not have to pay any questioned amount while we are investigating, but you are still
obhgated to pay the parts oftbe bill that are not 10 question.
If we tind that we made a mistake on yourb~l1. you will not have to p~y any finance charge related to any questioned amount. Ifwe did not make a mistake, you
may have to pay financ~ charges, and ;,o.u wlll have. to ~ake UIJ the missed payments on the questioned amount. In either case, we "-,,,:iU send YO\l a statement of
the amount you owe and the dat~ that It IS .du.e. If you fall ~o pay the amoun~ we think you owe, we may report you as delinquent However, ifour explanation
does not satisfy you and you wrIte to us WlthlO 10 days telling us that you stdl refuse to pay, we must tell anyone we report you to that YOll question your bill.
A.nd we must tell you the name of anyone we reported you to. VIe must t~1l anyone we report you to that the matter has been settled hetween us when it tinally is.
Ifwe do not follow these rules, we cannot collect the first $50 ot the questioned amount even if your bill was correct.
Special Rule for Credit Card Purchases
If you have a ~roblem with the quality of goods and services that ~'o~ purchased with your FLEET BAJ."\JK credit card ,md you have tried in good faith to correct
the problem With the m;:~chunt, you may not ha.ve to p~y r.he remalOlOg amouOf due on the goods or services. There are two limitations to this right: (a) you must
have made tht: purchase III your h~m~ s[~te or, lfnot wlth~ y?ur home stale, within 100 miles of your current mailing address; and (b) the purchase price must
have been more than $50. Ibese lImItatIOns do not apply lfeltherwe or FLEET BA1~K own or operate the merchant, or if we or FLEET BA.i\SK mailed YOll the
advertisement tor the property or services.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-05385 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST SELECT CORPORATION
VS
CORISH SHERRY L
ROBERT L, FINK
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
CORISH SHERRY L
the
DEFENDANT
, at 0014:50 HOURS, on the 9th day of Auqust
, 2000
at 2004 LENOX STREET
CAMP HILL, PA 17011-3729
by handing to
SARAH CORISH
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
9,30
.00
10,00
.00
37,30
So Answers: ;/4
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R. Thomas Kline
08/10/2000
PARK LAW ASSOCIATES
Sworn and Subscribed to before
By:
~~~
eputy "'Sheriff ~
me this N~ day of
Q7('~.P ~ A.D.
97. ~ lU_d#. :~
Prothonotar
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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 HERESY CERTIFY THAT THE
TRUE AND CORRECT ADDRESS IS:
PLAINTIFF: 4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
DEF: 2004 LENOX ST
CAMP HILL, PA 17011-3729
4168100007408139
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT CORPORATION
Plaintiff
VS
SHERRY L CORISH
Defendant
NO.00-5385
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
$4,662,92
$932.58
$386,03
($0.00)
($0.00)
$5,981. 53
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 ~nd correct copy
of the notice pursuant to Pennsylvania Rule of ivil Procedure
No. 237.1 is attached hereto and marked Exhi . t "A".
TOTAL
VALERI ROSENBLUTH PARK,ESQUIRE
Attorney for the Plaintiff
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AND NOW, ;;;'6~ , ~L...~JUdgment is entered
in favor of the Plaintiff and a inst.the nefendant by Default
for want of an Answer and damages assessed in the sum set forth
in the 'above certification.
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PROTHONOTARY ,
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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.
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VALERIE ROSENBLUTH PARK
ATIORNEY I.D. # 72094
'PARKLAW ASSOCIATES,P.C.
DRNE
25 EAST STATE STREET, P.O. BOX 1779
DOYLESTOWN, PA 18901
(215) 348-5200
ATIORNEY FOR PLAINTIFF
I HEREBY CERTIFY THAT THE
TRUE AND CORRECT ADDRESS IS:
PLAINTIFF: 4460 ROSEWOOD
PLEASANTON, CA 94588
DEF: 2004 LENOX ST
CAMP HILL, PA 17011-3729
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT CORPORATION
Plaintiff
VS
SHERRY L CORISH
Defendant
NO. 00-5385
NOTICE OF PRAECIPE FOR
ENTRY OF DEFAULT JUDGMENT
TO: SHERRY L CORISH
2004 LENOX ST
CAMP HILL, P A 17011-3729
DATE OF NOTICE: 8/30/00
IMPORTANT NOTICE .
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN TIllS CASE. UNLESS YOU ACT WITIDN TEN (10) DAYS FROM
THE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE TIllS 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, 4" FLOOR
CARLISLE, PA 17013
(717) 240-6200
PARK LAW ASSOCIATES,P.C.
BY:
VALERIE ROSENBLUTH PARK, ESQ.
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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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: 2004 LENOX ST
CAMP HILL, PA 17011-3729
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT CORPORATION
Plaintiff
VS
SHERRY L CORISH
Defendant
NO. 00-5385
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 SHERRY L
CORISH, Defendant is over 21 years of age; that hiS/her place of
residence/business is located at 2004 LENOX ST CAMP HILL, PA
17011-3729 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 AS OCIATES, P.C.
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BY:
Valerie Rosenbluth Park
Attorney for Plaintiff
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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:
PLAtNTIFF: 4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
DEF: 2004 LENOX ST
CAMP HILL, PA 17011-3729
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT CORPORATION
Plaintiff
VS
SHERRY L CORISH
Defendant
NO. 00-5385
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:
[Xl 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.
PROTHONOTARY:
PURSUANT TO THE
REQUIRED THAT WE STATE
TO COLLECT A DEBT. ANY
PURPOSE.
FAIR DEBT COLLECTION PRACTICES ACT, IT IS
THE FOLLOWING TO YOU. THIS IS AN ATTEMPT
INFORMATION OBTAINED WILL BE USED FOR THAT
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