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Home My WebLink About00-05409VALERIE 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. NANCY M HOFFMAN Defendant NO. 00-5'ko? VUtt 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. R 4th r' --- -'----' ----' ^----?-- ^- - e `td.rr?j. ?:0. 15d!L jysSOCI?`?to,v C2 /14 A . C.zl tsCe, NR?0?3 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#:4168100008157008 CUMBERLAND COUNTY COURT FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS NANCY M HOFFMAN 221 OLD STATE RD GARDNERS, PA 17324-9044 DEFENDANT OF COMMON PLEAS CIVIL 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, NANCY M HOFFMAN, is an individual who resides at 221 OLD STATE RD, GARDNERS, PA 17324-9044. 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 4168100008157008. 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 $2,583.46 as of 04/06/2000, plus pre-judgment contractual interest at the rate of 21.24% 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 $439.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $2,583.46, plus pre-judgment interest at the contractual rate of 21.24% per annum from 04/06/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $439.00, 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 $2,583.46, plus pre-judgment interest at the contractual rate of 21.24% per annum from 04/06/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $439.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: 114 VALERIE ENB 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. , VERIFICATION I, MONICAYANKOWSK) , declare that as of May 30, 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. r e Designated A ent 5040 JOHNSON DRIVE P.O. BOX 9104 PLEASANTON, CA 94566 888-964-4000 EXHIBIT FIRST SELECT A C O R P O R A T 1 0 N ACCOUNT AGREEMENT Your DISCOVER account has been transferred to First Select Corporation. Your DISCOVER account was closed at the time of this 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" and "your" mean each person who is liable for payment on the Account. "We," "cur," "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 of DISCOVER. If the Account was opened as a joint account, we may act on the instructions of any joint accountholder. Payments / Finance Charges. As long as you have a balance outstanding on your Account, finance charges are calculated as follows: To figure the finance 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 terns (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 A recmmt. Few. We will charge your Account a fee for each billing cycle within which your Account is delinquent (laze charge). The amount of the late charge will be as disclosed in your Original Terms or the maximum late charge pemutted by the law of your state of residence, whichever is lower. 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 ma+dmum returned check charge permitted by the law of your state of residence, whichever is 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 few 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 Terns provided for an award of attorneys' fees and court costs, such provision as incorporated herein shall apply reciprocally to the prevailing party in myhwstiitarising out of this Ageement Non-Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other provision later, Applicable Law; Severabllitys 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 federal law and the law of your state of residence. This Agreement is a final 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. 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 filing a financing statement with the state's Secretary of State. Credit Repoming. If you fail to full the terns of your credit obligation, a negative credit report reflecting 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 write to us at the following address: First Select Corporation, P.O. Box 9104, Pleasanton, California, 94566. 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 Notifv Us in Case of Enron or Questions About Your Bill If you think your bill is wrong, or if you need more information about an entry on your bill, 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 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 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 connected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was cored After we receive your letter, 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 If we find that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount. If we 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 date that it is due. If you 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. If we do not follow these rules, we cannot collect the first S50 of the questioned amount even if your bill was correct Special Rule for Credit Card Purchases if you have aproblem 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, if not within your home state, within too miles of your current mailing address; and (b) the purchase price must have been more than S50. These limitations do not apply if either we or DISCOVER own or operate the merchant, or if we or DISCOVER mailed you the adw:nisement far the property Or services. Z586 ,4 3 ls a 193 SHERIFF'S RETURN - REGULAR CASE NO: 2000-05409 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS HOFFMAN NANCY M DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within NOTICE & CIVIL ACTION was served upon HOFFMAN NANCY M the DEFENDANT , at 0017:51 HOURS, on the 4th day of August , 2000 at 221 OLD STATE ROAD GARDNERS, PA 17324-9044 by handing to TOM VIA (BOYFRIEND) a true and attested copy of NOTICE & CIVIL ACTION together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.58 Affidavit .00 Surcharge 10.00 .00 33.58 Sworn and Subscribed to before me this /V-A-, day of l c., 2 M-0 A. D. '. Q. ae?- b thonotary ' So Answers: 1-0000a 07 R. Thomas Kline 08/07/2000 PARK LAW ASSOCIATES By: Zr / S -,-/ - Deputy eriff VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: C. PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 221 OLD STATE RD GARDNERS, PA 17324-9044 4168100008157008 COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS NANCY M HOFFMAN Defendant TO THE PROTHONOTARY: NO.00-5409 CV Please enter Judgment in favor of the Plaintiff the said Defendant for failure to plead or otherwise the Complaint and assess the damages as follows: AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL and against respond to $2,583.46 $439.00 $88.70 ($0.00) ($0.00) $3,111.16 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 it Procedure No. 237.1 is attached hereto and marked EXhl "A". E ROSENBLUTH PARK,ESQUIRE ey for the Plaintiff AND NOW, ,2,5-)M, 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. &a.4 de, ? PROTHONOTARY 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. 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: 221 OLD STATE RD GARDNERS, PA 17324-9044 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS NANCY M HOFFMAN Defendant NO. 00-5409 CV 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 NANCY M HOFFMAN, Defendant is over 21 years of age; that his/her place of residence/business is located at 221 OLD STATE RD GARDNERS, PA 17324-9044 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, P.C. BY: Valerie Rosenbluth Park Attorney for Plaintiff E10 I . VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. DRIVE 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 DER 221 OLD STATE RD GARDNERS, PA 17324-9044 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS NANCY M HOFFMAN Defendant s NO. 00-5409 CV NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: NANCY M HOFFMAN 221 OLD STATE RD GARDNERS, PA 17324-9044 DATE OF NOTICE: 8/28/00 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHINTEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT 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, 4`h 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. Y , 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: 221 OLD STATE RD GARDNERS, PA 17324-9044 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS NANCY M HOFFMAN Defendant NO. 00-5409 CV 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 I ] Money Ju I ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Praecipe by 3gmi in in on on on on on on to Default ant Replevin 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. PROTHONOTARY: 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. N Q ? W U NZ ro G n Q C> c7 T! -10 rri f 1 _) ?C G .. tiJ fli ?V c G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST SELECT CORPORATION, CIVIL ACTION-LAW Plaintiff, vs. No. 2000-05409 NANCY M. HOFFMAN, Defendant. PRAECIPE TO MARK JUDGMENT TO THE USE OF JMMMPC COMPANY Filed on Behalf of. Plaintiff Counsel of Record For This Party: JOSEPH COLAVECCHI, ESQUIRE Pa. I. D. #06810 Colavecchi & Colavecchi 221 East Market Street P. O. Box 131 Clearfield, PA 16830 814/765-1566 LAW OFFICES OF COLAVECCHI & COLAVECCHI 221 E. MARKET ST. (ACROSS FROM COURTHOUSE) P. O. BOX 131 CLEARFIELD, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW FIRST SELECT CORPORATION, Plaintiff, No. 2000-05409 VS. : CIVIL TERM NANCY M. HOFFMAN, Defendant. PRAECIPE TO MARK JUDGMENT TO THE USE OF JMMMPC COMPANY TO THE PROTHONOTARY: In accordance with the Assignment of Judgment attached hereto, please mark the LAW OFFICES OF COLAVECCHI & COLAVECCHI 221 E. MARKET ST. (ACROSS FROM COURTHOUSE) P. O. BOX 131 CLEARFIELD, PA judgment in the above case to the use of JMMMPC COMPANY, upon payment of your costs. Dated: Jo p Colavecchi, Esquire A I ey for JMMMPC Company IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW FIRST SELECT CORPORATION, Plaintiff, No. 2000-05409 Defendant. CIVIL TERM ASSIGNMENT OF JUDGMENT TO JMMMPC COMPANY VS. NANCY M HOFFMAN, STATE OF Georgia COUNTY OF Forsyth KNOW ALL MEN BY THESE PRESENTS, that I, Rob Munroe (name) Attorney In Fact (title), of First Select Corporation of Forsyth County, State of Georgia , in consideration of the sum of $1.00, receipt of which is acknowledged, do hereby grant, bargain, transfer, assign and make over to JMMMPC Company, a Pennsylvania Corporation, having a mailing address of P.O. Box 832, Clearfield, Pennsylvania, its successors and assigns, a certain judgment recovered in the Court of Common Pleas of Cumberland County, No. 2000-05409, for the sum of $3,111.16, together with all the benefits and advantages that may be obtained thereby, and full power to enforce and recover the judgment to its own and their own use. I further authorize and empower the Prothonotary or any attorney on behalf of the assignee to mark the judgment to the assignee's use. cn IN WITNESS WHEREOF, I have set my hand and seal this 7 ` day of June , 2007. By: co. m uA269- FIRS SELECT CORPORATION LAW OFFICES OF COLAVECCHI & COLAVECCHI 221 E. MARKET ST. (ACROSS FROM COURTHOUSE) P. O. BOX 191 CLEARFIELD, PA Sworn to and Subscribed before me this 7cn day of June , 2007 Public 0- F_ A ?-?-F_XPIRF_S :GEO ?.m FEB. 27. 011 __ ? ''. ? _ } . ? i ? -J J ... ? } r 1 ? ? ' ` - : ? ? f ?'1 a ? r ?G ?_ ,sig. s??vJ?? :t " `t?4?F d