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Home My WebLink About00-07423 ",.,-, , . _, __,0, ,,:,_'-I"~,'- - - ","""'';;b>-''''''''"-..:;",,,,,,.,;. ';if'c"",~"f-,'.'i~)'f'~;;';'~" -' >S' '. ",,~;;'> ,~,~ ' ''';'" ... ~ , 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. FRANK M RICH Defendant NO .00 - 7.tt;(3 Cu;(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 TE4EPHONE 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. ,,-- , _ J' "'-,~- -, -'-, " - "h - ",0' - '"-~- _ ~ ~"."':-_;~;::"~l'-;~'~i:~',"~-"; --','-,"'-,;;i;,,;: , .. 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#:4168100009704907 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS FRANK M RICH 589 S MIDDLESEX RD CARLISLE, PA 17013-9229 DEFENDANT NO . iHJ - '7 '1.23 c;;,; I ~ 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, FRANK M RICH, is an individual who resides at 589 S MIDDLESEX RD, CARLISLE, PA 17013-9229. 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 4168100009704907. "",'-. -_,I; ''', . de"" ~__,-~;)c~,-,", --";' ',. ~ . ~. .\",,";i;;" -""l'. --;: <, , ... '~--," - 4. The terms of said account are stated in the documentation attached hereto as Exhibit nA". 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 $9,042.79 as of 07/26/2000, plus pre-judgment contractual interest at the rate of 21.49% 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 $1,537.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $9,042.79, plus pre-judgment interest at the contractual rate of 21.49% per annum from 07/26/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,537.00, 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. II. 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. ~I~~ ,~--~~-"' -"<. """'>~'" "'O",~--:i~", - ;',"",,, '-"---";"'6'''';,;;:Z-(,-I';';.'''~--~'~_ ,: ',,- '~-'-k~ . 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 $9,042.79, plus pre-judgment interest at the contractual rate of 21.49% per annum from 07/26/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,537.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY:~ ~. VA IE 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. ,f , ,_-"..,,-~-- '~"".-,,~~ '.', -,'", '" O;:>{" ,"="'-"C""'''.' h"..' ~'-'~-d.:'~,,"~"'-'. "-', ~'''~ ,;"","-'",; VERIFICATION I, HEATHER KOOREMAN , declare that: I am ~, the Plaintiff a designated agent of FIRST SELECT 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 be-ief 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 State of California. Date Designated Agent ~ '''D- ~ ,; ,L:- -. "'" ~ _ "";.- ~. ,,~-. '~mJi,"'.'~'" ',"~'-' {",--,- ~ , l~ g ........ C\ ~ ~ ,,~,,~ ~ " ~ , \L ~ o ~ 0 ~8~ , , () ;p~ ~ ~ ~ .....t.... ,~ >, "' . ' ,~~ ("1 <::; < \:' {~ ~V~,. 2 UJ --<"' Cl:.._ ~:; ,-'~ ~~-l ""C ):",C /: :< ~-~ . . C~- ..~:' ", ') -I ,^J c::...; '-:"--;'" :,J co " ,; 'I; " I' /i " .~ I 'I 'I~ ;11 q i'a .1.:1 I':i " ~, \~ ~ , ~ ,', i~.i t1 12 ~. '. I'. (-1 ," !~! ~l ~ ~ .~..J8 -,~-; :~ - " ;F~~--~-""- ',~.ID~ SHERIFF'S RETURN - REGULAR CASE NO: 2000-07423 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INCORPORATED VS RICH FRANK M GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RICH FRANK M the DEFENDANT , at 0011:27 HOURS, on the 27th day of October ,2000 at 589 SOUTH MIDDLESEX ROAD CARLISLE, PA 17013-9229 by handing to FRANK M. RICH 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 Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 So An. swe;~=.; ~ ~ ~~--';, '~-r~~' R. Thomas Kline 10/30/2000 PARK LAW ASSOCIATES Sworn and Subscribed to before me this 3/AJA- day of By: ~~b.~ Deputy S iff {JJ~ ,2ovlJ A.D. q!fc4~- t2 ~N: "~ othonotary . -,- ~l 'c- ,-,~~ ," , 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: 589 S MIDDLESEX RD CARLISLE, PA 17013-9229 4168100009704907 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT INCORPORATED Plaintiff VS FRANK M RICH Defendant ! NO.00-7423 PRAECIF,E 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 $9,042.79 $1,537.00 $787.97 ($0.00) ($0.00) $11,367.76 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. 237.1 is attached hereto and marked Exhibit "A". TOTAL BLUTH PARK,ESQUIRE for the Plaintiff AND NOW,_ )~ '::l~y cJ.., :2DO I , 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. ,--"'---- '~ ~"" , '.-~' ..;h",,-, -,' " ~" . a~-> Q, ~ 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. ,;", "~,' ~ , - . " "" -~ -t '""'~f, . 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 AITORNEY FOR PLAINTIFF CUMBERLAND COUNTYiCOURT OF COMMON PLEAS I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD PLEASANTON, CA 94588 DEF: 589 S MIDDLESEX RD CARLISLE, P A 17013-9229 FIRST SELECT INCORPORATED Plaintiff VS FRANK M RICH Defendant NO. 00-7423 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: FRANK M RICH 589 S MIDDLESEX RD CARliSLE, PA 17013-9229 DATE OF NOTICE: 11120100 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN TIIIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM TIIE DATE OF TIIIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU wrrnOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIIER IMPORTANT RIGHTS. YOU SHOULD TAKE TIIIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR CARLISLE,PA 17013 (717) 240-6200 PARK LAW ASSOCIATES, P.C. BY:~ V RIE ROSENBLUTH PARK, ESQ. cc: Thomas E. Flower, Esquire 2109 Market St. Camp Hill, P A 17011 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT It '.' 1 , '~ '-}, . 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: 589 S MIDDLESEX RD CARLISLE, PA 17013-9229 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT INCORPORATED Plaintiff VS FRANK M RICH NO. 00-7423 Defendant 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 FRANKM RICH, Defendant is over 21 years of age; that his/her place of residence/business is located at 589 S MIDDLESEX RD CARLISLE, PA 17013-9229 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 amend s. PARK LAW ASSOCIATES, lerie Rosenbluth Park Attorney for Plaintiff BY: E10 .~ " , ,-,,-' ~ ' - - <'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 TEAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 589 S MIDDLESEX RD CARLISLE, PA 17013-9229 CUMBERLAND CO~Y COURT OF COMMON PLEAS FIRST SELECT INCORPORATED Plaintiff VS FRANK M RICH NO. 00 -7423 Defendant 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. PURSUANT TO THE FAIR DEBT COLLECTION P CTICES 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_~&ilio~'ili~"f'.;jf_~'Iii/ii;!i1~~"""r'~':M~"^,d!,rniliW!l~',.ru.lu!~,,-,,j~i!!.~"I--.. tiff ~ 3 Ilr p: ~ ....... (). fI'l .y ~ ''-'''''~!b''''' "~ ~~ ~ d (:) -'<t ~ :-G 0 a () g c - -'n- ~ L -,.-.., f~~'; d"j(-.c-: )::..", -.. ~~'~: :~ " 6' I p:::: U --:-'ITl (j) )::.. 1'0 -')eJ 0 ~ !~ ~;~()) fA> v :_~~.~:'! ::xc: ~t ->-l..) ~.) '31'11 2: -.-j =< r::- ~ -< . '1':1 i1 11 I! " 'I I, ,I i~ !l Ii II fj ~l '1 i~ '" , Ii I! I~ , I I ! ,1 I I I .