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Home My WebLink About00-08033 --.. ,k ~IL ., oi-,'. '~, ,,' ,'" ,., 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS. JENNIFER L HOLLISTER Defendant NO. 00 - J'Q3J Clu:[l~ NOTICt 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. ( oJ, i_ d , h',i~ ", _t :-,,', "~:_, " 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#:4168100004213896 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS JENNIFER L HOLLISTER 336 FAIRVIEW ST CARLISLE, PA 17013-4317 DEFENDANT NO. tJt- ~33 ~ 'T.u- CIVIL tCTION 1. The Plaintiff, First Select, lIne. 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, JENNIFER L HOLLISTER, is an individual who resides at 336 FAIRVIEW ST, Error! MergeField was not found in header record of data source.. 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 4168100004213896. 4. The terms of said account are stated in the documentation attached hereto as Exhibit "A". THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 1_- -1.__ ~~t '.'_ " 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 $2,010.61 as of 08/30/2000, plus pre-judgment contractual interest at the rate of 19.18% 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 $341.80. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $2,010.61, plus pre-judgment interest at the contractual rate of 19.18% per annum from 08/30/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $341.80, 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. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. J . -- . . .",,' -"' ..;:.. -~'"i; WHEREFORE, Plaintiff demands that Judgment be rendered in favor of the Plaintiff, First Select, Inc. and against the Defendant in the amount of $2,010.61, plus pre-judgment interest at the contractual rate of 19.18% per annum from 08/30/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $341.80, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALERI 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. ORDER FOR SERVICE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ,. ~-.; :~i tJII . . I, VERIFICATION HEATHER KOOREMAN , declare that: I am a designated agent of FIRST SELECT, INC., 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 contenCs thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to chose matters, I believe them to be true. I understand that f~lse 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, alifornia. D~te Designated Agent " F1RST SELECT EXHIBIT A ~ ACCOUNT AGREEMENT Your DISCOVER account has been transferred to First Select Corporation. Your DISCOVER account was closed at the time of this transfer and will therefore continue to be closed. Thi~ 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 paymen~ on the Account. "We," "our." "ours," and "us" mean First Select Corporation or its assignees. Because your Account has been transferred to us, you are now obhgated to repay the Account to us instead of DISCOVER. If the Account W<lS opened as ajoint account, we may act on the instructions of any joint accountholder. Paymenb 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 baJance on yout Account by a daily periodic rate. The daily periodic rate we apply is your Account's Armual Percentage Rate divid~ by 365. The Armual Percentage Rate will be calculated as disclosed in your most recent DISCOVER account terms (the "Original Terms"). If your Original Terms provided for different Annual 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 paymen~ or payments marked "paid in full" or marked with other restrictions. without losing our right to collect a.11 amounts owing unc.!er thiS ~eJ?enl Y o.u .ff?'Y ask Fu:;rt Sel~ Corporation to pay this account by.debiting Y?Uf checking or savings account. First Select Corporation will first verifY your Identity and ehgtblhty for this Service. You may revoke your authorizatton by writmg to First Select Corporation Customer Service. F~. 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 Tenns 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 retumed check charge will be as disclosed in your Original Tenns, or the maximum returned check charge penmtted by the law of your state of residence, whichever is lower. To the extent provided in your Original Terms,. and to the extent pennitted 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 Tenns provided for an award ofattorneys' fees and court costs, such provision as incorporated herein shall apply reciprocally 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 oftWs Agreement without lo$ing our right to enforce it or any other provision later. Applicable Law; Severability; Assignment. No matter where you live, this Agreement and your Account are governed by federa1law and by the law of the state designated as the applicable law in your Original T enns. If your Original terms did nqt contain an applicable law provision, then this Agreement and your Account are governed by federa11aw and the Jaw of your state of residence. :This Agreementis alinal 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 conform 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 of your payments. If state 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 financing statement with the state's Secretary of State. Credit Reporting; Personallnfonnation. If you fail to:fulfill the tenns of your credit obligation, a negative credit report reflecting on your credit record may.be submitted to a credit reporting agency. In ()I'der to dispute any information w,e are reporting about :four Account, you must write to us at the followin~ address: First Select Corporation, P.O. Box 9104, Pleasanton, California, 94566. W'emay slrilreillfwmation with (JrB' aJliliates ineludUtr. wit!r1Jutlimitation, Pr11.,idian . ''NaRonal Bank andPrClvidian Bank. Hf1IIIJeva,youmay..mtetu us'at any timemttnlc:tinz, ra-nottCl.ltaTe aeditinfarmtttiolllVi,lt.orB':afJiliatu-.. .,' YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill If you think your bill is wrong, 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, Plel1Santon,. 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 presenre your rights. In your letter. give us the following: . Yot:r narn.:: and A..':COllnt Ilumber. . The dollar amount of the 'suspected .;:rror. . Describe the error and e~-plain, if you can, why you believe there is an error. If you need lUore information, describe the item you are not sure about. Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Wi~ 90 days, we must either correct th~ err~r or e~lain why we believe the bill was correct After we receive YOllr letter, we cannot try to collect or report YOll as delinquent as to any amollnt YOll quest~on,.. Includmg finance. charges. We can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are investtgatmg, but YOll :1re still obligated to pay the parts of the bill that are not in question. . Ifwe find that we made a mistake on your bill you will not have to pay any [manee charge related to any questioned amollnt. Ifwe did not m.ake a mistake, YOll may have to pay fmance charges, and you will have to make up th.;: missed payments on the questioned amount In either case, we will send you a statemim~ of the amount you owe and the date that it is due. If you fail to pay the amount we think yotl owe, we may report you as delinquenl However, if our explanatIon does not satisfY you and you write to us within 10 days telling us th:tt you still r~fus~ to pay, W~ must t~1I anyone we report you to that yotl question your bill. And we must tell you the name of anyone we reported you to. We must tell anyone we report yOIl to that the matter has been settled b~tween us when it finally is. If we do 110t follow these mles, we cannot collect the first $50. of the qU.:stiOlled amollnt even ifyollr bill was correct. . Special Rule for Credit Card purchases If you have a problem with the quality of goods and services that )'011 purchas<:d with your DISCOVER credit card and YOll have tried in good faith to corr.:ct the problem with the merchaut, YOll may not have to pay the remaining amount due on the goods or services. There nr~ two limitations to Ihis right: (a) y?U must have made the purchase in your home state or, ifnot within your home slate. within 100 miles of your current mailing :\ddr.:ss: and (b) Ih~ purc~se pnce must have been more th:m $50. Th.:se fimitations do not apply ifeither we or mSCO\'ER 0'\-11 or operate the mcn:hanc. or if we Of DISCOVER m:ulcd YOll the advcrtiscment tor the property or services. I ~,(1()c, ,,,,,,~~.J~,, ;'Jlj,;~i1li>f_ifffi~"ldl!_-'''fWM~'~M,;blii''''l\li<!,0);o.a,;';i'''~!P.:!~o!lE'lllllD~~Ii1r~' ~.~ ~""lill\liliili!ll:Jll1l"ri -" 't'~'~ ~ '. ~ ~ ~ 0 Cl 0 ~ C 0 -n ~ :;:: % :_~J ~ D -0 n7 C.::> ~,~::: :!J ~fi1 - II ir- e B zc:: -~:-; ,"T1 ~ g lI1 w:<':" " .;:"~ <'j,,-;-) --- ()., -<L. ~Jt~) C\ ~Cj :::>- 2533 )>C) :J: W ~ ;So ...,?(J 9 om ...a "1:J Pc --{ g p: '-<) ~ U1 ~ 1- Iv -< r '--< ~ ~" '"~., ~'"..~ "" . I ,~ < . 'M ~ " i' ~), SHERIFF'S RETURN - REGULAR CASE NO: 2000-08033 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS HOLLISTER JENNIFER L DAWN L. KELL , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HOLLISTER JENNIFER L the DEFENDANT , at 0014:40 HOURS, on the 28th day of November, 2000 at 336 FAIRVIEW STREET CARLISLE, PA 17013 by handing to GINGER HOLLISTER (MOTHER) 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 3.10 .00 10.00 .00 31. 10 ~~~"1!~~ R. Thomas Kline 11/30/2000 PARK LAW ASSOCIATES Sworn and Subscribed to before By: \J~~m ~. W Deputy Sheriff me this If@. day of =w;; ~ A.D. c.~.~ rothonotary , ....~ .- -. ... 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 - ._ -- ,.~ -.- ,., """'" .":;!i" I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 336 FAIRVIEW ST CARLISLE, PA 17013-4317 4168100004213896 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS JENNIFER L HOLLISTER Defendant ! NO.00-8033 PRAECIP!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: $2,010.61 $341. 80 $109.88 ($0.00) ($0.00) $2,462.29 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".____ ~~ ~ V~RIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL AND NOW, _)::J ~ I ~ ,.:Jr)r\ I ' Judgment is entered in favor of the Plaintiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. ;J.j. "~ ~~~ ",.1:: '. ~ ~ - 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. ~,- , ,--. . " . , --k--,,_I . w.~;,' ~~. ~___ , ~ -",,' >.l.lt~ - VALERIE ROSENBLUTH PARK ATroRNEY LD. # 72094 PARK LAW ASSOCIATES,P.C. DRlVE 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: 336 FAIRVIEW ST CARLISLE, PA 17013-4317 FiRST SELECT, INC. Plaintiff VS JENNIFER L HOLLISTER Defendaot NO. 00-8033 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: JENNIFER L HOLLISTER 336 FAIRVIEW ST CARLISLE, PA 17013-4317 DATE OF NOTICE: 12/19/00 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN TIllS CASE. UNLESS YOU ACT WITIIIN TEN (10) DAYS FROM THE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITIIOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TM<E 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 PARK LAW ASSOCIATES,P.C. / ~~- BY: ~~ VALERIE SENBLUTH PARK, ESQ. cc: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT _J\ ."- l j> , . C<' _,," "-,,,,,. .'. LIt . ....'b - . 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: 336 FAIRVIEW ST CARLISLE, PA 17013-4317 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS JENNIFER L HOLLISTER Defendant NO. 00-8033 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 JENNIFER L HOLLISTER, Defendant is over 21 years of age; that his/her place of residence/business is located at 336 FAIRVIEW ST CARLISLE, PA 17013-4317 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 fits. PARK LAW ASSOCIATES, BY: oseribluth Park for Plaintiff E10 .,.--~, ~. . ~~"-" - .-..1 ~. -.-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: 336 FAIRVIEW ST CARLISLE, PA 17013-4317 CUMBERLAND COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS JENNIFER L HOLLISTER Defendant NO. 00-8033 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. Iln/or 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. 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