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Home My WebLink About00-08021 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 INCORPORATED CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff VS. JOHN F. PIERCE LAURIE A. PIERCE Defendant NO. 00-8021 CV PRAECIPE TO STRIKE JUDGMENT DUE TO BANKRUPTCY TO THE PROTHONOTARY: Kindly strike the judgment entered on 01/11/01 as it has been noted that the Defendant in the above-captioned matter has filed a Petition of Bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania filed on 01/09/01, docket #01- 00112. PARK LAW ASSOCIATES, P.C. BY: //1 ~// VALERIE ROSENBLUTH PARK, ESQUIRE ATTORNEY FOR PLAINTIFF "'" ", -1~- -, ! ," ,. '1- , " , . '. ,~^ ~ , ._",,^,.c'-,. "'" ',.;.,., ""^ 0 0 ~~ C ~::" -oF ....., Pl~ :"?{ ~n) '::::J cr, b::C-' :c,:"" ZC --0 Pc: c:\ ~ ':,) \ 0 linn ~,!!_lj, ! :~~~~..,.___~ ".~~!9;~;tIi\[~,,;<f'"'IW1~"'-{W""'~~"f\1P'.l'l%..W:;~~li!:'mt~~~il'r~MIImillffll!'~~~~mlIOO~!#" ~"-~-~ '''i~\ <, ~~,~, _ , VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (2l5) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST SELECT INCORPORATED Plaintiff VS. JOHN F PIERCE LAURIE A PIERCE Defendant NO. tD~ gO.L1 ~ 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. __".,__v _ I' --<. ,- .1" ~ 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#:4168100010001103 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT INCORPORATED 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS JOHN F PIERCE LAURIE A PIERCE 657 SHIPPENSBURG RD NEWVILLE, PA 17241-9476 DEFENDANT NO. /)1)~ '1&,2,1 CWJ -r~ CIVIL ACTION 1. The Plaintiff, FIRST SELECT INCORPORATED, is a national banking association organized and existing under and by virtue of the laws of the United States of America. Plaintiff solicits and maintains consumer credit accounts in Pennsylvania and is the owner of this account, which is the subject matter of this action. 2. The Defendant, JOHN F PIERCE,LAURIE A PIERCE has a mailing address at 657 SHIPPENSBURG RD, NEWVILLE, PA 17241-9476. 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 ,ro"""",,, -~ ^ I' ~. .~~. , owned by the Plaintiff bearing account number 4168100010001103. 4. The Defendant requested an account, account number 4168100010001103, which is owned by the Plaintiff, and an Account Agreement was sent to the Defendant. A copy of the Agreement is attached hereto as Exhibit "A" and made a part hereof. 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 $3,828.45 as of 07/25/2000, 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 $650.84. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT INCORPORATED, and against the Defendant in the amount of $3,828.45, plus pre-judgment interest at the contractual rate of 19.80% per annum from 07/25/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $650.84, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT 1- 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. i.,.. .,., . . , . "l'; ..-- , 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 INCORPORATED, and against the Defendant in the amount of $3,828.45, plus pre-judgment interest at the contractual rate of 19.80% per annum from 07/25/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $650.84, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: V E 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. Kr . . . . . . VERIFICATION I, MONICA YANKOWSKI , declare that: 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 the State of California. > MONICA YANKOWSKI Date "'0;:-':<...,',-"-.. __"',, ~ ! '~'",,- ,~- "" ......,- :>t:, @~ ~ ~ ~ 0-' ", 'i0 % I...lv ~ -.J \..N ~ ~ , . , fD J ~f~t ~ \::' ,___,.T.~~~ """, ~_.~_.=_ (") Cl Ci C 0 " 5~ ;:;,; ;j I:jO,; 0 ITirn ..~.... ;';li-:~.J Z:J) Z ~~ ''1 U) G:> :-.;} (;:' -< -j (~) r-""j <L... ...,~ -r, .1>-0 ~~"" ;')::0 ~O .:07("") )>c: W Or-n z ':J1 ::r;! =< :0 00 -< -.."" "flUiloIftnTII' , @ ~1J~...._fQ!lI ~l. ~JI'III!IIIIl"''''~''''_''''''''~I<'l~~;~~i~~fl__ ~~,.~'"-F'_ ~~"",'-'=~ -~"I!Ijl~" "-"-FT ...'''!': . '. SHERIFF'S RETURN - REGULAR CASE NO: 2000-08021 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INCORPORATED VS PIERCE JOHN F ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Curnberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PIERCE JOHN F the DEFENDANT , at 0019:25 HOURS, on the 1st day of December, 2000 at 211 E. LOCUST ST MEHCANICSBURG, PA 17055 by handing to JOHN PIERCE 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 6.82 .00 10.00 .00 34.82 So Answers: r-~~#<~.~ R. Thomas Kline 12/04/2000 PARK LAW ASSOCIATES Sworn and Subscribed to before By: 4if1 I : me this lr"!::. day of ~;2.IrzrD A. D. ~u- CJ. ~/$ othonotary ,~~~ - ~ . SHERIFF'S RETURN - REGULAR CASE NO: 2000-08021 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INCORPORATED VB PIERCE JOHN F ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PIERCE LAURIE the DEFENDANT , at 0019:25 HOURS, on the 1st day of December, 2000 at 211 E. LOCUST ST MECBANICSBURG, PA 17055 by handing to JOHN PIERCE (HUSBAND) 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 So Answ;:;;:.." // ~~;;?r.-"<:1~: 6.00 .00 .00 10.00 .00 16.00 R. Thomas Kline 12/04/2000 PARK LAW ASSOCIATES fP /o'~ day of Sworn and Subscribed to before By: me this ~;Lo-v-v A.D. C ~," Q ~di;J) .~ Ip othonotary , . ~-r ,., " - , . VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA l8901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON,CA 94588 DEF: 657 SHIPPENSBURG RD NEWVILLE, PA l7241-9476 4168100010001103 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT INCORPORATED Plaintiff VS JOHN F PIERCE LAURIE A PIERCE Defendant NO.OO-802lCV 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: $3,828.45 $650.84 $334.37 ($0.00) ($0.00) $4,813.66 PLUS ADDITIONAL COSTS I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCOLABLE 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 (lO) 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.l is attached hereto and marked Exhibit '~J.~ AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL AND in favor NOW, ~.h~ II of the Plaintiff ,~r, ~, .,., . ,'< 'II VALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff , ;)('":,~ I ' Judgment is entered and against the Defendant by Default - for want of an Answer and damages assessed in the sum set forth in the above certification. (1~+..., D 4 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. \"",.",,,. , _.__r_ """.~,. ~_""" " ~ ,y '1 ~" ~ ~,~, ._ . VALERIE ROSENBUT' PARK ATTORNEY 1.D. # 720~... PARK LAW ASSOCIA1ES,P.C. DRNE 25 EAST STA1E STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBYRTIFY TIlAT THE TRUE AND cORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD PLEASANTON, CA 94588 DEF: 657 SHIPPENSBURG RD NEWVILLE, PA 17241-9476 FIRST SELECT INCORPORATED Plaintiff VS JOHN F PIERCE LAURIE A PIERCE Defendant NO.00-8021CV ~ NOTICE OFPRAECWE FOR ENTRY OF DEFAULT JUDGMENT TO: JOHN F PlERCE LAURIE A PIERCE 657 SHIPPENSBURG RD NEWVILLE, PA 17241-9476 DA1EOFNOTICE: 12/20100 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN TIllS CASE. UNLESS YOU ACT WTI1llN 1EN (10) DAYS FROM THE DA1E OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU wrrnOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHrS. YOU SHOULD TAKE TIllS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR 1ELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4'. FLOOR CARLISLE, P A 17013 (717) 240-6200 PARK LAW ASSOCIATES,P.C. _/-- BY: V ALERlE ROSENBLUTH PARK, ESQ. cc: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~)(HIBIT II VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA l890l (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 657 SHIPPENSBURG RD NEWVILLE, PA 17241-9476 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT INCORPORATED Plaintiff VS JOHN F PIERCE LAURIE A PIERCE Defendant NO. 00-802lCV 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 JOHN F PIERCE, Defendant is over 21 years of age; that his/her place of residence/business is located at 657 SHIPPENSBURG RD NEWVILLE, PA 17241-9476 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 ,R.-€:-/ BY: p..~~"<""- Valerie Rosenbluth Park Attorney for Plaintiff ElO " ., ~ , , >-,' ,~ '-', , ,!'" "" m , ~. ""~ J!I"<~If'j~~ ~, --"",.- t~~~ p' '- _ 8 3 E ~ -u ~ ,-.:J c-'\ f if: 1 ,~-~^ '., .~.. ,'w" n ~~ ~fi: -< r:;:: ~... ....'~' ,...... Z\, L;;:() --<.= Z :< ~TI... n.'w , C) ';;-"" ~ r- ..,... -'~' -< 'l!I'!f!I1i~~~~~~~'W11lifEojWi'\%~W%w<g,JO\'W"01~!"~-'!:H'8."l11!r'f~fiJ*,~tlI!''''"\1'ilt~ll'Rt''1W"('J'E~'t!!"~]r,;;<;.~~~~-;q->!!r~or;' , . 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: 657 SHIPPENSBURG RD NEWVILLE, PA 17241-9476 FIRST SELECT ~:::=E:OiY Plaintiff COURT OF COMMON PLEAS VS JOHN F PIERCE LAURIE A PIERCE Defendant NO. 00-8021CV 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. ~111,16f P~ONOT>R"" ~ .01.. 7;;:,- .> p___ FAIR DEBT COLLECTION CTICES ACT, IT IS THE FOLLOWING TO YOU. THIS IS AN ATTEMPT INFORMATION OBTAINED WILL BE USED FOR THAT PURSUANT TO THE REQUIRED THAT WE STATE TO COLLECT A DEBT. ANY PURPOSE. ~, " - , ,