HomeMy WebLinkAbout00-08803
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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.
JEFFREY A HARNER
Defendant
NOTICE
NO. 00- cPc:PO 2>
Cl '.)I:L '--r~
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.
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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#:4168100009551225
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC.
4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
PLAINTIFF
VS
JEFFREY A HARNER
99 FRONT ST
ENOLA, PA 17025-3212
DEFENDANT
NO. 00- 'it 03
CIVIL ACTION
1. The Plaintiff, First Select, ilnc. 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, JEFFREY A HARNER, is an individual who resides
at 99 FRONT ST ENOLA, PA 17025-3212, .
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 4168100009551225.
4. The terms of said account are stated in the documentation
attached hereto as Exhibit "An.
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.
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debt as agreed.
6. The Defendant is indebted to the Plaintiff in the amount of
$8,187.83 as of 08/30/2000, plus pre-judgment contractual interest
at the rate of 24.00% 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 $1,391.93.
WHEREFORE, Plaintiff demands that judgment be rendered in
favor of the Plaintiff, .FIRST SELECT, INC. and against the
Defendant in the amount of $8,187.83, plus pre-judgment interest
at the contractual rate of 24.00% per annum from 08/30/2000 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $1,391.93, 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.
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Defendant in the amount of $8,187.83, plus pre-judgment interest
at the contractual rate of 24.00% per annum from 08/30/2000 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $1,391.93, less payments made, plus costs and any
other such relief as this Court deems reasonable and just.
PARK LAW ASSOCIATES, P.C.
BY:
VALER
H 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.
ORDER FOR SERVICE
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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VERIFICATION
I,
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, i
f California.
Date
Designated Agent
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":XHIBIT
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F lRS T~SEJ~ErI
IMPORTANT LEGAL NOTICE
Federal law gives you 30 days after you receive this letter to dispute the validity of the debt or any part ofit If you do not dispute the validity of the debt, or any part of it, within
that period, we will assume that the i;U:bt is valid If you dispute the debt, or any part of it, in writing-by mailing us a notice to that effect on or before the 30th day following the
date you received this letter-we will obtain and mail to you proof (verification) of the debt. And ~ within the same period, you request in """ting the name and address of the
original creditor (if different from the current creditor), we will furnish you with that information too. Ifwe do receive a timely written notice, all efforts to collect this debt will
be suspended until we mail any required information to you. Your rigb:t to mail us a """tten notice of dispute lasts until the 30th day following the day you receive this letter.
We will wait until sufficient time has elapsed forus to be able to receive a written notice of dispute from you-even if you mail it on the 30th day following the date you received
this letter-before referring 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 AGR~li'Ml<'NT ..
...'t'"'reaft'ttepoi1iil.g: Personal Infonnation. If you fad 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 order to dispute any information we are
reporting about your Account, you must write to us at the following address: First
Select, P.O. Box 9104, Pleasanton, California 94566. We mav share information
with our affiliates. including without limitation. Pmvidian National Bank and
Providian Bank. However. vou mav write to US at anytime instructiruz-us'not to
!lnare credit information with out" affiliates.
YOUR BILLING RIGHTS - KEEP TffiS NOTICE FOR FUTURE USE
Your CHASE account has been transferred to First Select. Your CHASE account
was closed at the time of this transfer and will therefore continue to be closed. This
Account Agreement contains the terms that govern your First Select account (the
"Account"). In this Agreement. "you" and "your" mean each person who is liable for
payment on the Account. "We," "our." and "us" mean First Select or its assignees.
Because your Account has been transferred to us, you are now- obligated to repay the
Account to us instead of CHASE. If the Account was opened as a joint account, we
may act on the instructions of any joint account holder.
Payments/Finonce 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 cyole, we multiply the average daily .
balance on your account by a daily periodic rate. The daily periodic rate we apply IS
your AccoUDl's Annua1 Percentage Rate divided by 365. The Annua1 Percentage
Rate will be calculated as disclosed in your most _ CHASE account temls (the
"Original Tenus"). If your Original Tenus provided for dilfemrt Annual Percentage
_to be applied to dilfemrt componmm of your outstanding balance, we will
apply the lowost such Annua1 Percentage Rate on your entire outstanding balance.
We may accept late orpartial payments, or payments marked "paid in,full" or .
inariceci.witb Other.reStrictiotlS, WithouL iosing'Otlr rigb:t to collect.all'amounts ~g
_under.this Agreement .Y QU tml-y ask Fint Select to pay.y.our.AccounU1y.debitingi- l, .'
your checking or saving:! account. First Select will tint verifjr your identity and
eligibility fortlUs service. You may revoke your authorization by writipgto Fint
, Select. Customer Service.
.F~.we wi!! ~ Y!'lU".!\<;i;p'Ull/a fee for each billingcyc1~ within whil:h your .
Aocount is delinqui:nt(laie'clmrge). The amount of the late charge will be oS
disclosed in yourOriginal Tenus or the maximum late charge permitted by the 4w
of your state ofresidence, whichever is lower. .
We will charge your Account a fee for each returned payment check (returned check
charge). The amount of the returned check charge will be as disclosed in your
Original Terms, or the maximum returned check charge permitted by the; law of your
state of residence, whichever is lower.
To the extent provided in your Original Tenus and to the extent permitted by
applicable law. in addition to your obligations to pay the outstanding balance on your
Acoount, plus interest and fees as disclosed herein, we may also charge you fur any
collection costs we incur, including but not limited to reasonable attorney's fees and
court costs. If your Original Tenus provided for an award of attorney's fees and
court costs. such provision as incorporated hetein sha11 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 of this Agreement without losing 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 federa11aw and by the law of the ~
designated as the applicable law in your OriginalT enns. If your Original Tenus did
not contain an applicable law provision, then this Agreement and Y?~ _~count ~
governed by federal law and the law of your state of residence. This ~ IS a
final expression of the agreement between you and ~ ~ may.not be contr3;(hcted
by ~dence of any alleged oral agreement. If a PC?vtS10n of~ ~~ IS held to
be mvalid or unenforceable, you and we WIll constderthat proVlS1OD modified to
confonn to applicable law, and the rest of the' provision in the Agreement will still be
enforceable. We may transfer or assign our righHo all or some of your payments. If.
state law requires that you receive notice of such an event to protect the purchaser or
the assignee, we may give you such notice by filing a financing statement with the
state's Secretary of State.
Customer Service. For general questions regarding your First Select account,
please call our toll-free service number, 1-888-924-2000. For quality ~rance
purposes, and to improve customer service and security, telephone calls to or from
our offices may be monitored or recorded. .
This notice contains ~ information about your rights and our responsibilities
under the Fair Credit Billing Act.
Notify Us in Case or Enors 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 aseparate sheet, at the following address: rust Select, P.O.
J;lox 9104, Pl...-o, California, 94566. Write to us as soon as possible. We must
hear from you no later than 60 day.. after we sent you the tint bill on which the error
or problem appeared. You can. telephone us, but doing so will not preserve your
rights.
Tn the l~, give us "!he following:
='..Yoiii=~~;Kf~c.;~';"i';~hJ" ':.,. .c" ",", -.. ,.
-...~'=TJie''doll.hmountofthesuspectedettor..'' '-"-. .-., "
,:7_Adescription of the error and an explanation, ifpossillle, ofwhyYOU'believe
. .tIi~'iS.an error;. If you need mOre" irifOmiatidn, ctescribe the iteiJi you: are noBure
about: "~'.' .. 'c
. . YnurR:!ghts and.~ Responsibilities After We ~:Your.W~ Notice
W~:must acknowledge your letter within 30 days, unless we have c~d the error
by then. Within 90 days, we must either correct: the error or explain why :we believe
the bill was correct. After we receive your letter. we ~ try to collect or report
you as delinquent as to any amount you question, including finance charges. 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 amoUDl 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 of the .
amount you owe. And the date that it is due. !fyou:fail to pay the amount we think
you owe, we may report you as delinquent. However, ~ our explanation does not
satisfY you and you write to us within 10 days telling us that you s1i11rofuseto 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 bas been settled between us when iflina1ly is. Ifwe do not follow
these roles, we cannot collect the first $50 of the questioned amount even if your bill
was correct
Special Rule for Credit Card Purchases
If you have a problem with the quality of goods and services that you purchased ~th
your CHASE credit card and you have tried in good faith to correct the problem with
the merchant, you may not have to pay the remaining amount due on the goods or
services. There are two limitations to this right: (a) you must have made the
purchase in your home state orj ifnot within yourhOJ!le state, within 100 miles of
.. .' . yo~~ .c.a,:!:e,~P~l!.q~g- a.~~;..~ (hI )if~~therPu. .~hase,PCnHASce ~~ .l1a:ye been mteoth,e than
SSO. J.De~unin:utations do not app y et we or .c own or opera e
merchant, or we or CHASE mailed you the advertisement for the property or
services.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-08803 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST SELECT INC
VS
HARNER JEFFREY A
DAVID MCKINNEY
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, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
HARNER JEFFREY A
was served upon
the
DEFENDANT
, at 0011:44 HOURS, on the 3rd day of January , 2001
at 99 FRONT ST
ENOLA, PA 17025-3212
BRIAN HARNER (BROTHER)
by handing to
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
9.92
.00
10.00
.00
37.92
Sworn and Subscribed to before
me this JtJ I;f:. day of
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Prothonotary .
So Answers:
r~A~t:~~
R. Thomas Kline
01/04/2001
PARK LAW ASSOCIATES
By: A ,;/~~
/?~ . . ~/)~ 1/
Deputy Sheriff
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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: 99 FRONT ST
ENOLA, PA 17025-3212
4168100009551225
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC.
Plaintiff
VS
JEFFREY A HARNER
Defendant
NO.00-8803 CIVIL
PRAECIl'\E FOR JUDGMENT
TO THE PROTHONOTARY: i
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
$8,187.83
$1,391. 93
$710.66
($0.00)
($0.00)
$10,290.42
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 Procedu~e
No. 237.1 i' attached hereto and ~k~
VALERIE RO~NBLUTH PARK,ESQUIRE
Attorney for the Plaintiff
TOTAL
AND NOW'~S I~ ' .:lent , Judgment is entered
in favor of t e PlaintIff and against the Defendant by Default
for want of an Answer and damages assessed in the sum set forth
in the above certification.
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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.
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V ALERlE ROSENBLUTH PARK
ATTORNEY !.D. # 72094
PARK LAW ASSOCIATES,P.C.
DRIVE
25 EAST STATE STREET, P.O. BOX 1779
DOYLESTOWN, PA 18901
(215) 348-5200
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY. COURT OF COMMON PLEAS
I HEREBY CERTIFY THAT THE
TRUE AND CORRECT ADDRESS IS:
PLAINTIFF: 4460 ROSEWOOD
PLEASANTON, CA 94588
DEF: 99 FRONT ST
ENOLA, PA 17025-3212
FIRST SELECT, INC.
Plaintiff
VS
JEFFREY A HARNER
Defendant
NO. 00-8803 CIVIL
NOTICEOFPRAEC~EFOR
ENTRY OF DEFAULT JUDGMENT
TO: JEFFREY A HARNER
99FRONTST
ENOLA, PA 17025-3212
DATE OF NOTICE: 1/24/01
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
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE 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 ~ ~
VALE OSENlrrUTH PARK, ESQ.
cc:
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT A-
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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: 99 FRONT ST
ENOLA, PA 17025-3212
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC.
Plaintiff
VS
JEFFREY A HARNER
Defendant
NO. 00-8803 CIVIL
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 JEFFREY A
~ER, Defendant is over 21 years of age; that hiS/her place of
residence/business is located at 99 FRONT ST ENOLA, PA 17025-3212
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 AS CIATES, P.C.
BY:
Valero Rosenbluth Park
Attorney for Plaintiff
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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: 99 FRONT ST
ENOLA, PA 17025-3212
CUMBERLAND COUN:TY COURT OF COMMON PLEAS
FIRST SELECT, INC.
Plaintiff
VS
JEFFREY A HARNER
Defendant
NO. 00-8803 CIVIL
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.
PURSUANT TO THE
REQUIRED THAT WE STATE
TO COLLECT A DEBT. ANY
PURPOSE.
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FAIR DEBT COLLECTION RACTICES ACT, IT IS
THE FOLLOWING TO YOU. THIS IS AN ATTEMPT
INFORMATION OBTAINED WILL BE USED FOR THAT
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