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HomeMy WebLinkAbout00-06025 ,-. ~<., cl:,,""_"'" __.,_<, ',,_ " . O-'_f-, .'l) " 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 INCORPORATED Plaintiff VS. DARLENE D DAVIS Defendant - G ~ NO. ~ - "6~S" t()~[ ~ 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. 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. _ _,.>~_:'d ;,__ ".- ,,_"c'-' ~, " 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#:4168100008805267 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS DARLENE D DAVIS 179 N ENOLA RD ENOLA, PA 17025-2410 DEFENDANT NO. {;-()_&O:2/f" C;.,J /~ 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, DARLENE D DAVIS, is an individual who resides at 179 N ENOLA RD, ENOLA, PA 17025-2410. 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 4168100008805267. - j.'-~i '-,",,_ c'_"'" c_ _ 'J', 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 $4,158.12 as of 06/05/2000, plus pre-judgment contractual interest at the rate of 24.00% 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 $831.62. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $4,158.12, plus pre-judgment interest at the contractual rate of 24.00% per annum from 06/05/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $831.62, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT I - ALTERNATIVE 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. , ~" ,-^ ~ ~~ ^ . ~l__,,_ c._, .,""C, '-;'--.-'-'>--.- . 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 $4,158.12, plus pre-judgment interest at the contractual rate of 24.00% per annum from 06/05/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $831.62, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. ROSENBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. . , .~ ,-"-- ',',:-- ~,:" _'_,..0,'_" '" I, VERIFICATION HEATHER KnOREM/\N , declare that as of July 5, 2000: I am a designated agent of FIRST SELECT INCORPORATED, the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, in Designated Agent ,'. - F1T{SJ$]LE~)T~ ,{ ACCOUNT AGREEMENT - Your CHASE a~couot has b~en transferred to Fim Sde:ct Corporation. Your CH..;sE account was closed at the: time o[this lransf..:r. and will therefore continue to be closed.. 'f!11S Account A.greement contains the terms that govern your First Select account (the "Account"). [0 this .-\greemenL "you:':md "your" mean each person who IS liable for payment on the AccounL "We." "our." "ours." and "us" mean First Select Corporation or its assignees. Bec:l.use your Account has been ~fer:cd to~. y~u.l1re now obligate:dto repay the .6u:count to us instead of CHASE. {fthe Account was opened as ajoint account. we may act on the mstructlons ot any JOlOt accountholder. P:lyntents I Fmance Charges. As long as you have a bal1lI1ce outstanding on your Account, finance charges are c:llculated as follows: To fi~re the ftnance charges for each billing cycle, we multiply the average daily balnnce on your Account by a daily periodic rate. The daily periodic rate we apply:!s your ~c::ount's Annual Percentage Rate divided by 365. The ..l..nnual Percentage Rate will be calculated as disclosed in your most recent CH.-\SE aCcount terms,(the "Ongmal Terms"). If your Original Terms provided for different Annual Percent:lge Rates to be applied to dilferent components efvour outstanding balance, we will apply the lowest such Annual Percentage Rate to your <mtire outstanding balance. . We may. accept late or partial payments. or pa)"ments marked '.paid in full" or marked with other restrictions, without losing our right to collect all amounts owing under this Agreem~ Fees. We will charge your A.ccount a fee for each bi1ling cycle within which your Account is delinquent (late charge). Th~ amount of the late ehara-e will be as disclosed in your Original Tenns or the ma:umum late charge pennitted 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:<imum returned check charge permitted by the law of your state of residence, whichever is lower. To the :=:<tent provided in your Original Tenns, and to the extent pennim:d 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' f~ and court costS. If your Original Terms provided for an award of attorneys' fees nnd court costs, such provision as incorporated herein shall apply rectprocalJy to 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. . AppJic:able LaW; Severability; Assignment. No matter-where you live. this Agreement and your .4.ccount' are governed by federa11aw and by the law of the State ,desi~at~d _as ~e- 21'Plicab1e law in y<>ur Original Terms. Ifyo~r Original terms did not contain,an applicable law pro"ision, then this Agreetnentand your ". AccolJnCm~veme(fbY:federal'Iawiin&the.t,a-Yi;gfYQ...~~~~Of.~~l1'e.:>,~~,~~~j~~,,}t~*)~w:~io,,9-rBf~~~~:p1~t,b~~_yo.9.~~..~,~d m8:Y~__~,.,.,.~.-., nOl be .CQntradicteq by evJdence of any al1eg~ oral ,agreemenL If,any proVISIon oftblS Agreement IS heldto oe'lnvihu-or unenrorch~le. YOlnmdwe_Will--conslder, - _-.C,_' ,. that provision modified to conform to applici1ble l,~w, and the rest -ofrhe provisions in the-Agreement will_still be .enforceable. We _may.transfer or assign OUT right.. to all or some of your payments. Ifsute law requires that you receive notice of such an event to protect the purchaser or assignee, we may give yo'u iuch notice by ruing a fmancing statement with the state:s ~ecre~ .of StaIe.... - , . : - Credi.t Reporting,: ;If-you fail to fu~ll the,~.,~rY9~!_ ~~ o~l~~~~_ a neg~ti'{~ ~dit report refle~ing on your credit r~ord may be s~bmitted to a credit ",', reportmg agency. In orcler- to dispute any information we are repciJj:tilg about your-Account, you' must'wnte to_US:a! the folloW1rlg_a:ddfess: FlISt Select. . C~oration. 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 r,esponsibilities under the Fair Credit Billing Act. Notify Us in Case orErron or Questions About Your Bill IfYQU think. your bill is wrong, or if you need more information about an entry on your bill. Vlrite us. on a separate sheet, at the following address: First Select Corporalion. P.O. B_ox. 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 flISt bill on which the error or problem appenred. Y ou- c:m telephone us, but doing so will not preserve your_ rights. In your tener, give us the ~ollo~g: . Your name and Account number. . The dollar amount of the suspected error. . Describe the error and t:xpiain, if you can, why you believe there is an .::rror. If you need more information. describe the item you are not sure about. Your Rights and Our Responsibilities After \Ve Receive Your \Yritten :-1otice We must acknowledge your letter within 30 days, unless we have corrected the error by then. With~ 90 days, we must .::ither correct th~ err~r or e~lain why W~ believe the bill was correct. After we receive Your lener we cnnnot tr\' to collect or report vou as delmquent as to anv amount vou quesuon. Includmg finance charges. We can apply any unpaid amount agllinst you; credit line. You do not have to pay any questioned amount ~hile we .ire investigating. but you are still obligated to pay the parts of the bill that are not in question. lfwe find that we made a misbke on your bill, you will not have to p~y :1nY fmance charge relate~ to any questioned.amount. Ifwe ~id not mak..:: II mistake. you may. have- to,pay fi..w.nce charges, _an~,.yl)ll will AA"~ .1,0 ,maf~-!:l2,~~.~~~~ p.~~~:s .c,ry tl}~ q~,~,?ned amount. In elther,~' we WIll send ~ou a sta.temen~ of {h~ amount you owe 3tld the date that it is due. If you fail 10 pay ilic:amounr we !1flhlc you owe, wel1'fayteport yoo :as-ddml.juenL oHowever.,lfo?-r:expl~uon does not satisfY you and you writ~ to us within 10 days telling us that you still refuse to pay, we must teU anyone we report you to that you question y~ur_ btll. . A,nd we must teil vou the name of anyone we reported you to. We must tell anyone we report you to that the matter has been senled between us whltn It finally IS. Ifwe do not foUow these rul~s, we cannot collect the first S50 of the:: questioned amount eVen if your bill was cOf!el.."t. Special Rule for Credit Card Purchases lfyou have a problem with the quality of goods md s~c~s that you purchased with your CHASE ~edit c:u-d 3.CId you ~v~ tri~ in goo~ f~ith to correct the problem with the merchant, you may not have to pay th~ remaining amount du: ~ the goo?s or sen'l';es. There Jr7 two bmll.:UlOns 10. tl:us nght: (a) y?U must have made the purchase in vour home state or. ifnot within your home: state. wlChm 100 miles of your current maJ.!mg :Iddr~ss: and (b),the:: purchase pnce.must have be<:t1 more than SSG. These limitations do not apply if.:ither we or CHASE own or ope:rate the merchanL or lfwe or CHASE malle:d you the advertlsemc::1t lOt the property or services. 1-~"JiJ~ ^- - .....&IIr~r. !&~~;~t!JiF@~~!IIIM}moM:ill'EM~.hiJ"<;'H'''''ii11m,*,N~_j.lllti'''''''''''''''''''''''-'''''''''.b~M~11i!ll1'i1 ~ \ 1t-~ r ~ h ...... d 0 "'- C) 0 0- C' ~ ( I ~ r~ -.....:) ~'t / ~ ---".. - .~- ... ~ - '.. .~ ~" - ~,- <, ,,~ ~ -., ~--. ~ o lrt () ,-" ..~ .. ~-- (') c::::;, 0 C C-' ~n {0 s: ~ -,~, -0 r." ~ J_, ,- - - P"i r~-! G'"l -....- ;;:-:: ~:'~:' (.oJ '-,' "T\ Z ;~..J en ',,',!;- ~ ( -) -', -< ",",-p- :.:::J ~ r~c ):;; -~ "" -.H (') ~~2 t.) '-':..J r'l :z ~;;l ::! ::0 .r. -< " ~~ 1!IU'M'~~- i_' SHERIFF'S RETURN - REGULAR CASE NO: 2000-06025 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INCORPORATED VS DAVIS DARLENE D CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAVIS DARLENE D the DEFENDANT , at 0019:35 HOURS, on the 12th day of September, 2000 at 179 NORTH ENOLA ROAD ENOLA, PA 17025 by handing to DARLENE DAVIS 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 So Answers: 18.00 9.92 .00 10.00 .00 37.92 ~~~-~4Lt R. Thomas Kline me this io"t: day of 09/13/2000 PARK LAW ASSOCIATES By, ~47P:~ ,?/ Deputy heriff Sworn and Subscribed to before }., :r.~.. P, ,. _;l.f17Jj) A . D . I~ ()~,# P othonotary '".""'''''''= ~ - ,~~ ~~-~" . , , ., ~m: . 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: 179 N ENOLA RD ENOLA, PA 17025-2410 4168100008805267 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT INCORPORATED Plaintiff VS DARLENE D DAVIS Defendant NO.00-6025 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: $4,158.12 $831. 62 $355.43 ($0.00) ($0.00) $5,345.17 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 Pro dure No. 237.1 is attached hereto and rked Exhibit "A". AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL VAL E ROSEN H PARK,ESQUIRE Attorney for the Plaintiff .,I.-~..~",~ ~-. . . " '," ',- ., ""<~'" . AND NOW, OC+ .J@ , ;:)c-f"'iC) ,Judgment is entered in favor of the Plainti f and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. Is6. (L,,-:IM;; k~ I P OTHONOTARY 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. -~ ~._d . VALERIE ROSENBLUTH 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: PLAINTIFF: 4460 ROSEWOOD PLEASANTON, CA 94588 DEF: 179 N ENOLA RD ENOLA, P A 17025-2410 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT INCORPORATED Plaintiff VS DARLENE D DAVIS Defendant NO. 00-6025 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: DARLENE D DAVIS 179 N ENOLA RD ENOLA, PA 17025-2410 DATE OF NOTICE: 10/3/00 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN TIllS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WTIHOUT 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, 4th FLOOR CARLISLE,PA 17013 (717) 240-6200 :~~ VALERIE ROSENBLUTH PARK, ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT A t., -;- ~ -, '" ' '." C' w M: . VALERIE ROSENBLUTH PARK ATTORNEY r.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: 179 N ENOLA RD ENOLA, PA 17025-2410 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT INCORPORATED Plaintiff VS DARLENE D DAVIS Defendant NO. 00-6025 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 DARLENE D DAVIS, Defendant is over 21 years of age; that his/her place of residence/business is located at 179 N ENOLA RD ENOLA, PA 17025- 2410 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 SSOCIATES, P.C E10 .~-- " - '--".lk.~ . 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: 179 N ENOLA RD ENOLA, PA 17025-2410 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT INCORPORATED Plaintiff VS DARLENE D DAVIS Defendant NO. 00-6025 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. ;yTlf~~ ) 12 ,~ 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. ~~mii~Iiill!~ilW!!;;!!\j~.rd;"h1t\h!M<~!'!;\4~1>,j,!,y.;g;1lib!['~~'''=-<''-.J "~ - 'u'- ..-'~", ~'IiiIlI\fiQ- t ?;J ~ ~ ~ Ii 8 (') , . s:; c.=> <' ~ r -0,',' '::--'1 "- -- '-11(', -l C\ ~ () z:: ~~ ~;~ 1',' N R f (::J j (3 ~:c: . ~-; ~8 ., fJ' b ~ . :..J .--) Z ;'4 ~ -.,-1 "0 :1) -< (J1 -< "--C:, F"c ~ . ~ ~ ~. +, -~~ . . \.