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Home My WebLink About00-05612 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. JEANNE S PARSONS Defendant NO.~O-S,"I.Z Co~lY~ 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. ~n ( CGT:JOR'f J.cEIHI1w:>lKA"110R CL..I..wlb . lb . ~~ ~SOCJ~-..J10.J FIOv.L, l....umoeLICll.l.J. CuuuLy Cuu.LLLvu.se Coulisle, WI. l"'gU .:<. J../.j,~ tk:.., (91)') 246 6288 rJL I L ," \....C!Itl./ Sa.: it- l7o/l:;J ( THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. '---r --- ,. -- .~~ =~ 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#:4168100107914531 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS JEANNE S PARSONS 237 N 26TH ST CAMP HILL, PA 17011-3621 DEFENDANT NO. fJV-Sl..I.2.. ~ Iu- 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, JEANNE S PARSONS, is an individual who resides at 237 N 26TH ST, CAMP HILL, PA 17011-3621. 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 4168100107914531. -"f;~ _ c _d__', ,. .I~ 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 $6,563.99 as of 03/29/2000, 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 $1,312.80. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $6,563.99, plus pre-judgment interest at the contractual rate of 19.80% per annum from 03/29/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,312.80, 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 $6,563.99, plus pre-judgment interest at the contractual rate of 19.80% per annum from 03/29/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,312.80, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY, l~ 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. ->1" 1',- . '- i . VERIFICATION HEATHER KOOREMAN I, ' declare that as of April 19, 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, Designated Agent .' ',,- ., - - ',=' ~-,. ---.. _o,"\, :''-:-:''~<~-C''>~-'__'';B\'', 7e,",,~''!.t''';':~~ '1_~'-":-~'__;":,_',_, ,_,"""', me ^,- _, - -, - ~" : ., d, ~"",.- . ~ ACCOUNT AGREEMENT Your ASSOCIATES account has been transferred to First Select Corporation. Your ASSOCIATES account was closed at the time of this transfer, and will therefore continue to be closed. This Account Agreement contains the tenns 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," "our." "ou:s." and "us" mean First Select Corporation or its assignees.. ~cause your Account has been transferred to us, you are now obligated to repay the Account to us instead of ASSOCIATES. If the Account was opened as a Joint account, we may act on the instructions of any joint aceountholder. Payments I 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 ASSOCIATES account tenns (the "Original Tenns"). If your Original Tenns provided for different AmlUa! 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 ~ent Y ~ .m.a"j ask FiJ:st Sel~ Corporation to pay this aceo~ by.debiting}'?ur che~king or savings ace.ount. First Select ~orporation will first verifY your identity and eligibIlity forthis serv:tce. You may revoke your authonzation by wntmg to First Select Corporation Customer SetV1ce. 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 or the maximum late charge permitted 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 maximum 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 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 your Original T enns provided for an award of attorneys' fees and court costs, such provision as incorporated herein shall apply reciproca1lyto the prevailing party in any lawsuit arising out of this Agreement. 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; Severability; Assignment. No matter where you live. this Agreement and your Accouut are governed by federal law and by the law of the state designated as the applicable: law in your Original Terms. If your Original tenDs did not contain an applicable law provision, then this Agreement and your Accowrt 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 confonn 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 ofrour payments. Ifstate 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 financmg statement with the state's SecretaIy of State. ' Credit Reporting; Personal Infonnation. If you fail to ful:fill the tenns 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 \vrite to us at the follo~ address: ' First Select C~on, P.O. Box 9104. Pleasartton, California, 94566. We 1fIlfJ' 6/tfD'e ;n/'onlurRon ",itlt 0"' ff/1iliatu includin" ";tlt"llt lilflitatt,m, ProvirJian ' Nat;l1nalBallk anJP",.idiall B.d, 8tm'per.Yl1rllfllfJ'writetl1'" at .nytilfle;lInrrlmllg W IIl1ttI1S"(lJ'e t:reditinfannatil1l1 JPitb I1J11' fl/Jiliatu. YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE 'Ibis notice contains important information about your rights- and our responsibilities underthe Fait Credit Billing Act. _ N~tIt!.:ps in ~ase orEnors or Questio~ About Your Bill If you think your bill is vvrong. 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 W~ must ~owledge 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. 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 amowrt against your credit line. You do not have to pay any questioned amowrt while we are investigating, but you are still obligated to pay the parts of the bill that are not in question. Ifwe find that we made a mistake on your b~l1, you will not have to ~y any finance charge relate~ to any questioned amowrt. Ifwe did not make a mistake, you may have to pay finance charges, and yo,u wIll have to m:ake up the IUIssed pa~ts on the questioned amount. In either case. we will send you a statement of the amount "jou owe and the ~ that It IS .du~. If you fail ~o pay the amo~ 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. Ifwe do not follow these roles, we cannot collect the first $50 of the questioned amount even if your bill was correct. Special Rule for Credit Card Purchases If you have a l?roblem with the quality of goods and services that ~o!l purchased with your ASSOCIAT~S credit card and you have tried in good faith to correct the problem with the ~ant, you may not ~ve to p~y 1;he remauung amount. d~e on the ~oods or services. There are two limitations to this right: (a) you must have made the purchase ill your h~m~ ~te or, ifnot WI~ Y?llr home state, Within 100 nules of your current mailing address; and (b) the purchase price must have b~en more than $50. These hml?tlOns do not apply if either we or ASSOCIATES own or operate the merchant, or ifwe or ASSOCIATES mailed you the advertIsement for the property or services. '-"""'""""I'M"""mi""~"",,,", ',"lI!"f/IlIj!.1ftl!"","'f' l''''!~"~",!""~1 '''''''~<1 ,!'f'f!I1~"- ~~" _'"I'I/l!!~";:; ;.1 Ii I , I ,I I I I I I II Ii ~ I 'I II " IIIiIlI <'^- '."""f._ ~." .~ ...---.!:! ~ ~ ,""",,!'~IlI_li,<j,JI ""'- . . 0 0 0 ~ c: 0 ~ ~ s: " ".. t ~ -oC'J c....-: ::-:1 re rn^ ;:C-;1p2 h Zf11 G:> ::n & t;r; 'Din & .r-- .,,,...'..... ~ ~.~ -'0.'-..-' "~) 1.. ~ ~C:: "-1'-..) "\J / -0 -T' -r, ~O ::E: ;...:.,; :?J ..0 , C' .'-';-:;:(') >=c: w Brn ;g iP ~ 2:: o-i ::2 :::> )" co :J:j i -< ~ --l: ..." ~ r_t.,~~~""'''-'lR_!;j!'''''''~'i!~'!",,~;!1'1'~~~~IM:~~liIL "~I .', ".. ~, , SHERIFF'S RETURN - REGULAR CASE NO: 2000-05612 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS PARSONS JEANNE S WILLIAM DIEHL , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PARSONS JEANNE S the DEFENDANT , at 0019:18 HOURS, on the 16th day of August , 2000 at 237 NORTH 26TH STREET CAMP HILL, PA 17011 by handing to JEANNE S. PARSONS 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 8.68 .00 10.00 .00 36.68 so. An~;';7.. ~ ~/.A!. . ..' .~~;J~~.f~ R. Thomas Kline 08/17/2000 PARK LAW ASSOCIATES Sworn and Subscribed to before By: ~i me this J!:::- day of J,,.j'J~~ oYv-J A. D . ~h~~~ .~r ;''''~!!ll " .. . 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: 237 N 26TH ST CAMP HILL, PA 17011-3621 4168100107914531 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS JEANNE S PARSONS Defendant NO.00-5612 CV 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: $6,563.99 $1,312.80 $619.57 ($0.00) ($0.00) $8,496.36 . 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. '31.1 i, attaobed hereto and ~_.. ~ ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL "'W. .- ,-~~ ~ , ,~ w , AND NOW, ~ .J~, oUnr0 , Judgment is entered in favor of the laintiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. (I.h~ R ~. ,_' PROTHONOTARY . PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPr TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. -,- ,~~ 'I , "' " ~-, - , "'!' '_'l'" VALERIE ROSENBLUTII PARK ATTORNEY J.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: PLAINTITF:M60ROSEWOOD PLEASANTON, CA 94588 DEF: 237 N 26m ST CAMP HILL, PA 17011-3621 CUMBERLAND COUNTY COURT OF COMMON PLEAS FffiSTSELECTCORPORATION Plaintiff VS JEANNE S PARSONS Defendant NO. 00-5612 CV NOTICEOFPRAEC~EFOR ENTRY OF DEFAULT JUDGMENT TO: JEANNE S PARSONS 237 N 26m ST CAMP HILL, PA 17011-3621 DATE OF NOTICE: 9/6/00 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN TIllS CASE. UNLESS YOU ACT WTI1IIN TEN (10) DAYS FROM THE DATE OF TIllS NOTICE, A ruDGMENT 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. IT 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, P A 17013 (717) 240-6200 :~LAWv VALERI OSENBLUTHPARK,ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT A ""i' . ~.~ ,~ . . ",~~"'-' 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: 237 N 26TH ST CAMP HILL, PA 17011-3621 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS JEANNE S PARSONS Defendant NO. 00-5612 CV 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 JEANNE S PARSONS, Defendant is over 21 years of age; that his/her place of residence/business is located at 237 N 26TH ST CAMP HILL, PA 17011-3621 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: Vale 'e Rosenbluth Park Attorney for Plaintiff E10 "~ . ~ ,," ~,'^- po' _ '_T " " ~-'- - ~ rf . '" ~w ...."00 -c,C ~ ~' I!'l~ 'o~ IPMl " . lIM'J~",,",", 11I!I () l;; ;p,ffi i!fil 23:i ",,5;;: ;:$ ~~. . c :fi ;;::0 ~O .PC <: z< L- f\) o o C? n"1' -0 N (Ii ~ :;J ;-T7;:Y -"'3f9 ,) T :O;J~) i:~,:H ~-:?() c..:.1T1 g -< ~ ~~ r ~ I 11 ~ ':<:l ~ ~ N \~\ ?~ ~~. ~T~lIlf1~Wl~~~;%Wf"'I!:~'"'~~~!tiJi!mHim'l'l1!Tllifl~ "'~~"" _' ~ VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215 348-5200 ATTORNEY FOR PLAINTIFF FIRST SELECT CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff VS. JEANNE S. PARSONS Defendant NO. 00-5612-CV PRAECIPE TO MARK JUDGMENT SATISFIED, SETTLED, DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly mark the above captioned matter satisfied upon payment of your costs. PARK LAW ASSOCIATES, P.C. /" BY: VALERIE ROSENBLUTH PARK, ESQUIRE ~ , '1'- '~__"T('S,~,?.-.'''''''?.:'''1-~', "~~'--">--' L-_"~". ,- ',,_.,,' ~,,, ~-- J~~""'--'~>- -., '. I l'" '" , I '"~ '>'>> , ',,~">,..' 0/.,,,,,"_ """"""'.- ^~. . ~ _ ".'e . _k ,v 1 ' ~ . ~~" ~. o"'~_ ~.~;,'~i o ~. ,-- ~~ ""t.Jrr~ mr", ~e! (f)~,:.:. -<:.-- ~~~': ~it= :::: :::;! .."~I!,_,,llll,~, c.."" c..:' .,>". lj .oj'; o n --\ \..:0 ~..o ,,) (,oJ "~l!J:Il"~_ !'II" "',