Loading...
HomeMy WebLinkAbout00-07421 - ,L' I. '" I ',' " '"",,,,;,; , ',- ,_, -_' -_~,-';';J._ <,; '-"; ,; O;:~",,;_.,i- ,''';-I\,'2~,;-;;~-",- ;"'1_ ~ ~ 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. JAMES E WOODALL Defendant NO. 00 -7't~1 c-o~(~ 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, PA 17013 (717) 240-6200 (800) 990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ,--' '" , " ~ ,-, ,C, ,.n,; ',0] ..;". ~" '"'_,,' ~"__ "'J >'c -"",. '_->0 ,~l -I o . 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#:4168100009104496 CUMBERLAND COUNTY COURT OF COMMON PLEAS i ! FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS JAMES E WOODALL 705 NORTH PITT CARLISLE, PA 17013 DEFENDANT NO . tJ.o ~ 1if.2. / Cw.:-t.. r ~ ACTION 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, JAMES E WOODALL, is an individual who resides at 705 NORTH PITT, CARLISLE, PA 17013. 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 4168100009104496. ..~.i' __' , J "', ;,~;.:C,,,.,. ,L","", ;,,[,__ 'C' .,,~ i " gHi'" , :1 'I -j 1 , :1 :1 > , 4. The terms of said account are stated in the documentation attached hereto as Exhibit UA". 'I I , I ,1 ;'1 I I :1 11 I I i :1 q ;1 1 1 :,1 II " 'I ,1 il 1 " " '! ~ i I 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 $1,564.44 as of 06/05/2000, plus pre-judgment contractual interest at the rate of 14.90% 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 $265.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $1,564.44, plus pre-judgment interest at the contractual rate of 14.90% per annum from 06/05/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $265.00, 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. .-1 .J~' " ",--~, ,,' "" ,-... __ ~_ 'e- 0"_'"' __~-", :!;, ,-;~",,-:;-,,'_ ;;:/ ' , 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 $1,564.44, plus pre-judgment interest at the contractual rate of 14.90% per annum from 06/05/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $265.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: YL~ VtrLERIE 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-. - ...-- - ,,--I " -, .~ >0',.'.., .-i.:';"., ;;:"'" uJiIil.'nlfij, > . I, VERIFICATION HEATHER KOOREMAN , declare that as of June 29, 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, Designated Agent iiWt; ~ - , ~ ,,-,":Lf _.c~"_",,,;"4~,.l"'~"'l -' ~ .)1ll............ v_ "--"-~-" <:,~~ 11.ki:.". '^", ",-'w,",,-' " , ".,,, .-."" ,= ,.~- -'~,"",","'" " ("J ~ -p ~ ~ () C) C) ~ ~.:: ;:-":) ~ ~ h "':, _.":' 8 . ""Dr;, :"-1 Q)!-! ...... 8 (/)j "'- !'-, '-'''1 ....... 0 L:: C:.-' ~ () SJ (} I ~ -~:... I ,'- ~ ~~~~ , CY r ~ ~.? ::.~ ~ Z ',) :i? :::t \.0 ~ g \..( . . ~ ~'i\' SHERIFF'S RETURN - REGULAR CASE NO: 2000-07421 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INCORPORATED VS WOODALL JAMES E DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon WOODALL JAMES E the DEFENDANT , at 0008:53 HOURS, on the 26th day of October ,2000 at 705 NORTH PITT CARLISLE, PA 17013 by handing to JAMES E. WOODALL 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 Service Aff idavi t Surcharge 18.00 3.10 .00 10.00 .00 31. 10 So ;;~~R R. Thomas Kline 10/30/2000 PARK LAW ASSOCIATES Sworn and Subscribed to before By: ~~~/ De y "'Sheriff me this 3 /A.f day of (Y~;ui0 A.D. ~.a. ~~ othonotary I ,,,,,~..,", .._-'~ -~ ""--'-~%:,- ~ .. . r . 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: 705 NORTH PITT CARLISLE, PA.17013 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT INCORPORATED Plaintiff VS JAMES E WOODALL Defendant NO. 007421CV PRAECIPE FOR JUDGMENT BY AGREEMENT TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff and against the Defendant named in the attached Praecipe for Entry of Judgment by Agreement attached hereto and made a part hereof as Exhibit "A". AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST AT 14.90% PER ANNUM FROM 03/08/2001 LESS PAYMENTS MADE $1,564.44 $265.00 $204.55 ($800.00) TOTAL $1,233.99 PLUS ADDITIONAL COSTS AND NOW, entered as JJ.frLc( abov . PARK LAW AhTE// VALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff J.~ .:)rY>/ udgment is THIS IS AN ATTEMPT TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ,= c. L_ - 1~1" o o ,.. , ~ " 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT INCORPORATED Plaintiff VS JAMES E WOODALL Defendant NO. 007421CV PRAECIPE FOR ENT~Y OF JUDGMENT BY AGREEMENT TO THE PROTHONOTARY: Please enter Judgment by Agreement this A~'h. day of ,A-f {\ l~ 1 , 2001. It is hereby agreed between the parties that Judgment be entered in this action in favor of Plaintiff, FIRST SELECT INCORPORATED, and against Defendant, JAMES E WOODALL , for the principal amount of $1,564.44 plus interest at 14.90% per annum from 03/08/2001, until judgment is entered plus attorney fees of $265.00, less payments of $800.00 plus court costs. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE orney for Plaintiff J EXHIBIT (\ ~"';"-'-""-lb.:'ii'j-ik , i,,~~bmlf--- ... , - ,,' ~iiihi~_g:~r '" "';;;J&:"~1~~1ilE . APe 1 'll!lh ~ 'j, " ~.";",," A. W -"l'1"'h--..<,.,,,-,_ " -,-""", , - ~-- " I i . I < J . . ~.., VALERIE ROSENBLUTH PARK, Esquire Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF FIRST SELECT CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff vs. JAMES E. WOODALL Defendant NO. 007421CV VERIFICATION OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND Valerie Rosenbluth Park, Esquire, being duly sworn according to law, deposes and says that she will make this Affidavit on behalf of the wi thin Plaintiff, being authorized to do so,. and that she knows of her own personal knowledge and therefore avers, that JAMES E. WOODALL, Defendant is over 21 years of age; that his/her place of residence/business is located at 705 NORTH PITT CARLISLE, PA 17013-0013 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 Soldim and SaHor Civil Relief z;fOg=" of m". and its amendments. " -------- VALERIE ROSENBLUTH PARK, ESQUIRE Attorney for Plaintiff .-, - ""'-~,:,;;,:- " __.~J" -_~~....," - ....M~lOr.l- 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT INCORPORATED Plaintiff VS. JAMES E WOODALL Defendant .. NO. 007421CV. 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: { } Judgment by Default { } Money Judgment { } Judgment in Replevin { } Judgment in Possession { } Judgment on Award of Arbitration { } Judgment on Verdict { } Judgment on Court Findings {X} Judgment by Agreement IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: PARK LAW ASSOCIATES, P.C. at this telephone number: (215) 348-5200. PROTHON.~Y' ~?- (JL(/l-iz J ~. v THIS IS AN ATTEMPT TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~i','-~l-"~_ -_,.;.~, ,IJIU[ ~~,,- , ~_~dil\f"- ~'~ ~!llltiJ/iiljltl....'t"b",r&ill! [,-j., "~/,'.'""-,_","-,_=.,,,,,,"'_. -'E-"'" <-"~"o~'-~""C~' ~p ~,-__'" -7',~' "'''F'' ~_~"'/~,,~ ~,_ ~>_,,~ ,,"_~_ ~ 7? P ...0 .tt 1- & .........P-.;::t:J ~ ~ r- ~~ .~ '"'" ,~, - ~ ~ ".~. , 0' ,~ ~__ v Cl ~ "'OCJ:! -rnrr, Z:rJ Zc,:;. '~'Z ~CJ -~8 .5"c ..~ -. . .. -h'" ~.;; I I I ~ , , !1j', ..4- e}:,!!f ~j~ ----; '-rl :t:--n ~ Q5 ::t: ""---f"f.'\ N.. g .-.,. t;.,;l ...~ _.::- --0< ,'. ",. -0 :;0 1') (J\ . ".~~"" " IlilIifillU ~- ..,1 ""'~~ ~~-- --'''\1.'. 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC Plaintiff VS JAMES EWOODALL Defendant NO. 007421CV 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: 1-- VALERIE ROSENBLUTH PARK, ESQUIRE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1Iii1 , " , ~ilill.~~,,,,,,,,m<!!\-~"Ji.#l>@"'m.ifr!i!~~~~Mlli,;;j~d'!.'~_~hll!l,.,~mi1 ,..,. -,,-~ .. ~ .> .. -. -~ ~ -"~ .~ ~ ~"""'I"""'" "~ .._~ ~.-~'" > ~ -~ () C < -orb nlrT 2::1."; ZC ~z ,.......t-- '....... '_.- ~8 ~:::: -" .w~ - " a N U) i71 >-0 o " -n I~ ,7 '-==~~~) _~~ -H '~~~ -I -.,..,. :0 -c c...) --1'J- ~.:.,. :.n '0 .