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HomeMy WebLinkAbout00-08034 ~, ,-- '-,_"j",-'J' '0' "" ." -> , --'-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 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS. NOTICE: NO. 00- P03'f (L'l(/~ BONNIE S BROWN Defendant 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. Illl . ,l_ " 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#:4168100009704824 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS BONNIE S BROWN 661 MUD LEVEL RD SHIPPENSBURG, PA 17257-9519 DEFENDANT NO. ov- ~6 ay CW<l "'.{..uo./ CIVIL tCTION 1. The Plaintiff, First Select, lIne. is a Delaware corporation organized and existing under the laws of the State of Delaware with it.s 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, BONNIE S BROWN, is an individual who resides at 661 MUD LEVEL RD SHIPPENSBURG, PA 17257-9519, . 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 4168100009704824. 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 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. " ---~ ~-';"--'ji'~:; f" ,,',. .." .",-", ,;",..':O',L",,,-' , .k'.:'~\i . debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $2,919.42 as of 08/30/2000, 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 $496.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $2,919.42, plus pre-judgment interest at the contractual rate of 14.90% per annum from 08/30/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $496.00, 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. WHEREFORE, Plaintiff demands that Judgment be rendered in favor of the Plaintiff, First Select, Inc. and against the THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~ ".. - -- -,' -,~"-- ~ ~ ,',- ~t~, '" Defendant in the amount of $2,919.42, plus pre-judgment interest at the contractual rate of 14.90% per annum from 08/30/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $496.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: V 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 ___I. , """';t ~'.r-'i ~ I" 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 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, n of California. Date Designated Agent . '"'~ I, ""~- FIR~TSElECT ~_..._---- - .XHISlr A IMPORTANT LEGAL NOTICE Federal law gives you 30 days after you receive this letter to dispute the validity of the debt or any part ofil If you do not dispute the validity of the debt, or any part of it. within that period, we will assume that the debt is valid. !fyou dispute the debt. or any part of a. in writing-by mailing us a notice to that effect on or before the 30th day followingthe date you ""eived this letter-we will obtain and mail to you proof(verificati<in) of the debt. And if; within the same period, you request in writing the name and address of the original creditor (if different from the current creditor), we will furnish you with that infonnation too. I(we do receive a timely written notice, all efforts to coHect this debt will be suspended until we mail any required information to you. Your right to mail us a written notice of dispute lasts until the 30th day following the day you receive this letter. We will wait until sufficieattime bas elapsed. for us to be able to receive a written notice of dispute from you-even ifyau mail it on the 30th day following the dat~ you received this letter-before rerening your account to an attorney in your state to file suit against you should it be necessary. The purpose of this communication is to collect a debt; any information obtained will be used for collecting the debt. ACCOUNT AGREEMENT Your BANK OF AMERICA account has been transferred to First Select Your BANK OF AMERICA account was closed at the time of this tranSfer and will . therefore continue to be closed. This Account Agreement conlllins the !elms that govern your First Select llCCOunt (the "Ac<ount'1. In this Agreement, "you" and "your" mean each person who is liable for payment on the Account. "We." "our," and ~" mean First Select or its assignees. Because your Account has been ,transferred to us, you are now obligated to repay the Mcount to us instead of BANK OF AMERICA If the Account was opened as ajoint account, we may act on the instructions of any joint account holder. Paym.entslFiiwtce 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 mu11iplythe average deily balance on your account by a daily periodic rate. The daily periodic rate we apply is your Account's Annual Percentage Rate divided by 365. The Annual Percentage Rate will be calculated as disclosed in your most re_ BANK OF AMERICA account !elms (the "Original Terms'1. If your Original Terms provided for different Annual Percentage Rates to beJIPPlied to different components of your outstanding balance, we will apply the lowest such Annual Percentage Rate on your. entire outstanding balance. We may llCCept late or partial payments, or payments marked "paid in full" or marked with other restrictions, without losing our right to collect all ~ owing .. under this Agreement.. .y ou may ask First Select to pay your Account by debiting Your chec1ririg or savinI!" account. First Select will first VerifY your identitY ami . . . eligibili<tlQ,.thiS SerVice: You may revoke your authorization by 'writing to Fttst. Select Customer Service. Fees. We will chai-ge your Account a fee for each billing cycl~ within which your Account is delinquent (late charge). The .amount.ofthe late charge will be as disclosed in yoilr Original Terms or the maximum late charge pemlitted by the law of your state of residence, whichever is lower. We will charge your Aconunl a fee for each returned P.!'yment check (retur!led check charge). The amount of the returned check charge wIll be as disclosed in your OriginalTerms, or the ma:<imum retur!led check clulrge permitted by the law of your state ofresidettce, wbicbever is lower. To the extent provided in your Original Terms and to the extent permitted by applicable law, in addition to your obligations to pay the outstanding balance on your Ac<ount, plus interest and fees as disclosed herein. we may also charge yoo for any .-ollection COSlll we incur, including but not limited to reasonable sttotney's fees and court costs.. If your Original Terms provided for an award of attomey's fees and court costs, such provision lIS incorporated herein shall appiy ""iproca1ly to the prevailing party in any lawsu11 arising out nfthis Agreement. Non-)Vaiver of Certain Rights. We may delar or waive enforcement of any provision of this Agreement without losing our nght to enforce it"OI' any other provision.later. Applicable Law, Severability, Assigmnent. No matter where you live. this Agreement and your Account are go:vemeo by f~erallaw and by the law of the sta~e designated lIS the applicable law in your Original Terms. If your Original Terms did not contain an applicable law provision, then this Agreement and your Account are governed by federal law and the law of your state of residence. This Agreement is a final expression of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement If a provision of this agreement is held to be invaIi4 or.unenforcea\Jle., ~u and we Will consi~~ provision modifi~d ~ confonn to appliCllble law, and the rest of the prOVISion m the Agreement Will stilt be enforceable. W~ may trunsfer or assign our right to all or some of your paymlmts. If state law requires that you receive notice ofsu~ an event to. protect the ~er or the assignee, we may give you such notice. ~y filmg a financmg statement with the state's Secretary of State. Customer Service. For general questions regarding your' First Sel~ account, please caJl our toll~free service number, 1-888-924-2000. For quality assurance purposes. and to improv~ customer service and security, telephone calls to or from our offices may be monitored or recorded. Credit Reporting: Personal hafOnnatiOIL If you fail to fulfill the terms of your credit obligation, a negative credit report reflecting on your credit record may be submitted to a credit reporting agency. In order to dispute any information we are repnrting about your Account. you must write to us at the following address: First Select, P.O. Box 9104, PIeasanton, CaJiforni_a 94566. We ttUlv, share iq;formatiori with our affiliates. including without limitation. Providian NatiOl11tl-~ and Providian Bank. However van may write to us at any time instrtUJtiriR us not to share credit information with our affi1i8tes. YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and Out responsibilities under the Fair Credit Billing Act. NotilY Us in Case of Errors or Questions About Your BiD If you think your bill is wrong, or if you need more information about an entry on your bill, write)lS, on a separate sheet, at the following address: First Select. P.O. Box 9104, Pleasanton, California, 94566. Write to us lIS soon lIS possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem app~ed. You can telephone us, but doing so will not.preserve your rights. . In the letter, give Us the following: - Your name.and Account number. - The dollar amount of the suspected error. . . -.,.. A descripti()D ofthe,~r and an explanation". ifpossible, n.fwhy you believe there is an error.- Ify6u lieed more infonnation, describe the item you are not ~re sbnut . Your Rights and Our Responsihilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, un1ess we have corrected the error by then. Within 90 days, we must either correot the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect or report you lIS delinquent lIS to any amount you question, including finance~. We can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of the bill that are not in question. Ifwe find that we have made a mistake on your bill. you will not have,to pay any finance charge related to any questioned amount. Ifwe did not make a mistake, you may have to pay finance charges, and you will have to make up the missed payments on the questioned amount. In either case. we will send you a statement Qfthe amount you owe. And the date that it is due. If you liill to pay the amount we think you owe, we may report you as delinquent However, if our explanation does not satisfY you and you writeto us within 10 days tel1ing us that you still refuse to pay, we must tell anyone we report you to that you question your bill. And we must tell you the name of anyone we reported you to. We must tell anyone we report: you to that the matter has been setlled between us when iffina1ly is. Ifwe do not follow these ro.Ies, we cannot collect the first SSO of the questioned amount even if your bill WllS correct. Special Rule for Credit Card Purchases If you have a problem with the quality of goods and services that you purchased with your BANK OF AMERICA credit card and you have tried in good faith to correct the problem with the merchant. you may not haveto pay the remauung amount due on the goods or services. There are two limi~ons t~ this right: (a) you ~ have made the JTurchase in your home state or, if not within your home state, wlthm 100 miles of your current mailing address; and (b) the purchase price must have been more than S50. These limitations do not apply if either we or BANK OF AMERICA own or operate the merchant. or we or BANK OF AMERICA mailed. you the advertisement for the property or services. hl~.l .....-~' - iI:i ~"~~"~~l,j;w~.W!i\iW;~~~~{i!;J:'""-"'.ili'I~r,,,'iiOIi;~,~t""".JrtI.,g\'-~l~_~'~~--- "rr';':~ ~ '1IiI1~"<~-lilIilm - ~"""'_IU' """' "''''''.--:III~>~'''':~;' " , ' - , 7;) ~ -&, -Gs 0 (") 0 ~ c:> -n ~ ~ C s:: Z ..~ Ct) -0 OJ 0 i{iFJ 8 ~ nlrTi "'C (} Z~D - -"m ~ 8 Z," ~ ~:~6 lI) 6 cn:r; -<.,:::,- a> -... ~c; E; ~~~ \ ~8 -'" -v 5>c '2 j -. ~ --< p: z c.n 'p' ~ .0 ~ ~ r; 'i!ijj~.i- _ ~ ~~ ~ -' L ~ .-- "l~.,.,~ """'Il:il~-"k,i SHERIFF'S RETURN - REGULAR CASE NO: 2000-08034 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS BROWN BONNIE S HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BROWN BONNIE S the DEFENDANT , at 0013:25 HOURS, on the 30th day of November, 2000 at 661 MUD LEVEL ROAD SHIPPENSBURG, PA 17257 by handing to BONNIE S. BROWN 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 13.02 .00 10.00 .00 41.02 r~~-~~~ R. Thomas Kline 12/01/2000 PARK LAW ASSOCIATES Sworn and Subscribed to before By: 71 -t;/ to----.J;2 Deputy Sheri me this /r/Y .tJ day of ~ dH/1) A.D. Q'Ft2.~~ rothonotary VALERIE ROSENBLUTH PARK, ESQUIRE Attorney LD. '#72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF FIRST SELECT, INC. Plaintiff VS. BONNIE S. BROWN Defendant ~, 1.-.= .1 -' ,,"~ , - " ~",: CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 00-8034 PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the claim of First Select, Inc. as settled, discontinued and ended. BY: VALERIE ROSENBLUTH PARK, ESQUIRE ATTORNEY FOR PLAINTIFF ;.;,;.,,:;,,- J!i,.11 -'~L1Ai:__ ......."'..."'iti !IMljU.t&:llfitil?;tJlf, ~-""""""~ - '0 " -,.,~ ' , '>:"''-''- .,., '-.';'" o c;: $: UCD' nln, Z~,.., Z;~; ---<::.;;-- r:::C) :t>C'> z:C~\ );."'C Z =< C> (~ --n ;::;J: S:; N N .-,;-n :;;j~ ~~~ ~~ j~' ~ :::0 -< U ""'1"" - '-:? I'"" ()'\ "