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HomeMy WebLinkAbout01-0855 FX ~.. -', '" ] I ,~; - ''-itol!\1l!ol0.>,J ~ 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. Defendant NO. 01- proS CL.o"I.L ~~ DORIS TASKER NOTIC:!;: 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. ~ 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#:4168100010417705 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS DORIS TASKER 40 VICTOR DR MECHANICSBURG, PA 17050-2914 DEFENDANT NO. 01- RS5' {3.U;J te.v- CIVIL +CTION 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, DORIS TASKER, is an individual who resides at 40 VICTOR DR MECHANICSBURG, PA 17050-2914, 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 4168100010417705. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~ ~ ~- . ~ "" -~.--.;,....",-., '" ~ ''''''b 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 debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $5,105.94 as of 09/07/2000, 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 $8,686.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $5,105.94, plus pre-judgment interest at the contractual rate of 24.00% per annum from 09/07/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $8,686.00, 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 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. " . """',,. '1- -~" --~ -~;,,' 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 $5,105.94, plus pre-judgment interest at the contractual rate of 24.00% per annum from 09/07/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $8,686;00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALERIE 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. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. - ~ ~ 1_> "~~ ;j , ,~ , M "'l~.ih VERIFICATION . I, HFATHFR KOORFMAN , 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. California. Executed at Alameda County, Date Designated Agent :=XHIBIT A ,,",,-, -1- j, "- ' ~' ~'- ", """'~~ --.L . . "EJ R5I_ SELEJ:r IMPORTANT LEGAL NOTICE Federal law gives you 30 days after you receive this letter to dispute the validity of the debt or any part of it !fyou do not dispute the validity of the debt, or any part of it, within 'that period, we will assume that the debt 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) ofllie debt. And if: within tl1e same period, you request in writing the name and ac::Idress of the original creditor (if different from the cummt creditor), we will :furnish you with that infonnation too. Ifwe do receive a timely written notice, all efforts to collect this debt will be suspended until we mail any required infonnation 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 sufficient time has elapsed for us to be able to receive a written notice of dispute from you-even if you mail it on the 30th day foUowing the date you received this letter-before refening your account to an attomey in your state to file suit against you should it be necessary. The purpose of this communication is to collect a debt; any infonnation obtained will be used fOf collecting the debt. ACCOUNTAGRRR~NT . "'--creiltit{epoi1fug: Personal Infonnation. If you fad to fulfill the tenns OfYOUT credit obligation, a negative credit report reflecting on your ctedit reco:rd may be submitted to a credit reporting agency. In order to dispute any infOllDllltion we are reporting about your Account, you must write to us at the following acildress: First Select, P.O. Box 9104. Pleasanton, California 94566, We rnav share jnfonnation with our affiliates.. includina. without limitation Providilin National Bank and Providian Bank. However. YOU may vnite to us at anv time instructinR' us not to !'ihare credit infonnation with our affiliates YOUR BILLING RIGHTS - KEEP TIDS NOTICE FOR FUTllilE USE Your CHASE account hlls been 1ransferred to Finrt Setect. Your CHASE ""count was closed at the time of this transfer and will therefore continue to be closed. This Account Agreement contains thetenns that govern your First Select account (the "Account"). In this ~ent, "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 ajoint ac.coum. we may act on the instructions of any joint account holder. Pnyment:sJFinance 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 balance OQ your account by a daily periodic rate. The daily periodic rate we apply is your Aocounfs Annual Percentage Rate divided by 365. The Annual Percentage Rate will be calculated as disclosed in your most recent CHASE account tenns (the "Original Terms"). lfyour Original Terms provided for diff~ Annual Percentage Rates to be applied to' dllferent components of your outstanding balap.ce. we will apply the lowest such Annual Percentage Rate on your ~ outsta.tidiqg"balance., We may'accepHate-'or plUtjal payments.' or payments ~k:ed ,"paid in full".or _ " . . , ttnttked with: other-restric;:tions, without iosing Ol1r'rigbt to oollect.-all-amouilts:o:-vii1g'", . undertl!is.Agreem<mL.YoiI "",y. ask finrt Setectto.,paHour","""untby<i<biiillg...." . .0. your chec!cing ot'Sa.vingtH~ccount First Select Y611 fim y~ your i~~~ty.an;~, " , eligibility.for. this'-!leMCel.' , You may revoke your authorization by'U'riting to Birst "';"_' . ~:ler.t Customer Service, .. " ll<,~Jl:y,W.,y,dll..dl~Y,9'"",AA~nt .f.. for.e;>.cllbi1linl!<"l<c\o~V<bi,h~1lr.... Acoountisdehncjuent(l8techaige). Theamountofjbe'late.iiliarg~,w!llbeas..... ..., disclosed in'your Origimtl TermS orthe maximum late charge perinitted bythe-law of your state'ofresidencl$, whichever is lower. ". ,-' -' -, . . , We will char~ your Account a fee for each returned payment check. (returned check cbarge). The amount oflbe returned cbeck cbargo will be as di"it9'Od in your Original Tenus, or the maximum returned check charge permitted by the law of your state ofresidence, whicbever is lower. _ To lbe extent provided in your Original Terms and to !be extent p".mtedby applicable law. in additiM to your obligations 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 attorney's fees and CQurt costs. JfyQur Original. Te(1J)S provided for:@awardofatt<,nney'sfeesand court costs, such provisiM as incorporated herein shall apply reCiprocally to the prevailing party in any illwsuit arising out of this Agreement. Non-Waiver of Certaht Rights. We may delay or waive enfo!cement of any provision of this Agreement without losing our right to enforce It or any other provision later. Applicable Law, Severllbility, Assignment. No matter where you live, this Agreement and your Account are governed hr federa1law and byth~ ~w of the sta~e designated as the applica.ble law in your Original Terms. If your Origmal Terms did not contain an applicabl~ law provision, then this Agreement and your Acco1U1t are governed by federa1law and the law of your state of residence. This Agreeme;nt is a final expression aftlu: agreement between you and ~ ~ maY,not be contra~bcted by evidence of any alleged oral agreement.. If a PJ:ovlSlon of~ !lgreem~ IS held to be invalid or unenforceable, you and we Will COnsl~~ ~t proViSion modifi~d ~ conform to applicable law, and the rest of the prOV1slonm the Agreement Will still be er.f"on::~ble.' We'ma:y trMSfer-or assign o',.lnightiacll-ol'SOmfYoryaur ~il~..,IT- 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 Se1~ct account, please call our toll-free service number, .1-888-92+2~OO. For quality assurance purposes. and to improve customer serY1ce and secunty, telephone calls to or from our offices may be monitored or recorded. This notice contains imeortant information about your rights and our r,esponsibilities under the Fair Credit Billing Act. Notify Us in Case orEnon or Questions About Your BID If you think. your bill is wrong. or if you need more information about an lmtry on your bill, wnte us, on a separate sheet, at the following address: First Select, P.O. Box 9104, Pleasanton, California, 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 preserve your rights. ..,In.thee.I~~,J?ive.~.~e-.~~ll~ . ","~~'~ftour'iWiie'an4:,AC~oumQum~: '. ,~ . .... ":',,",,' 11i<!.ddn""lildO(ili\'6ftil~SUSjiected.errdt:. ..' """'''.'' .' ,-:-; .A.- dli~C1jptjOQ .o.f~ ~ ~ an explanati?':1o -~ p~ib~e,~ o(:~~:ry(!u.~elieve_ " '~.is ',an errOi:~If"yWnee(i'mOre information. ~~tibifthifitelli'YP~'ltt-e not sure "~bout. "'c:~ -:0' '.. :...." , ":Y~Y:t,,~:~.d~fJ.uF.~~,onsibilities'AteI"\\~~~:~I"h1tt~~otice"~" . :We.~Si'~kn~~i~dge your letter within'30 da~iwliess~w~.h8.ve Com:cted the error by then. Within 90 days, we must either correct the- mor'Ot'explain wJiIy we believe the bill was correct After we receive your letter, we cannot try to collc~ 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 fmance charge related to any questioned amount Ifwe did not make 1l~ 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. If you fail to -pay the amount we think. you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within 10 days telling 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 nnme of anyone we reported you to. We must tell anyone we 1'epOrt you to that the matter has been settled between us when iffinally is. Ifwe dQ' not follow these roles, we cannot collect the first $50 of the questioned amQunt even if your bill was correct. "')'''-;"'''--' Spedat Rule for Credit Card Purchas.. If you have a problem with the quality ofgoods and services that you purchased ~th your CHASE credit card and you have tried,in goQd faith to correct thl~ 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 th~ purchase in your home state or, ifnot within your h~e state, within 100 mdes of ~:"iS6:-"tM~~tfJs4~~~~)if~itkr~&JC~~~:~:;fue~~'''' , merchant, or we or CHASE mailed you the advertisement forthe property or services. F!i005 1h!~!f"~!i!I'Sj!1B.~.lffij.',l!ill!illi!~-~'#i:""~~~i&1.1Ki:~~,-if;;r.-;~~4',;,~_'<'J~';!f4di:iI'lli!i-'11~mJ,if&~~~~iliiiiIo&I''''''~- ~~'8i <<.........~-- M '.'0 . " ,.-~ , . p 0.f -'s ~~6h~ () ~ a g ~ ...:l ~ I ' AJ - -v C/) ~ F~ J 0 c::> 0 Q c -n ~. ~r-, -" -rJ (",0 !"'"1 --::;-Tl ftlrn ill ,= Z:C '-,.,,-\-1 2:C' :;'::J ~:~': f'0 " , ',.) ,-. ~C:J ........J ...._, -0 g~ ~C) --,,,. L,C' Pc ~ ~ - :;! :.0 (J1 -< it ,b;!<<~ol.. - -,;. ,~ ~n' ~ -. -: J~~i.;, SHERIFF'S RETURN - REGULAR T CASE NO: 2001-00855 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS TASKER DORIS JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon TASKER DORIS the DEFENDANT , at 0020:09 HOURS, on the 15th day of February, 2001 at 40 VICTOR DRIVE MECHANICSBURG, PA 17055 by handing to DORIS TASKER 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 6.82 .00 10.00 .00 34.82 rK ~..t:~t R.Thomas Kline 02/16/2001 PARK LAW ASSOCIATES me this ;2 i t!< day of By. ~~ ~ r- 0Z uty S riff Sworn and Subscribed to before 1~ --../ A,D. ~Q-~ ~ r thonotary , .. 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, INC. VS. DORIS TASKER Plaintiff Defendant -" - , ~. -- ~'-~~~~,'- CUMBERLAND COUNTY COURT OF COMMON PLEAS NO.Ol-855 CIVIL TERM SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: Kindly note that it has been suggested that the Defendant in the above-captioned matter has filed a petition of Bankruptcy on March 6, 2001 in the United States Bankruptcy Court for the Middle District of Pennsylvania case number 01-855 Civil Term. P~ LAW ASSOCIATES, P.C. BY: VAL ATT ROSENBLUTH PARK, ESQUIRE EY FOR PLAINTIFF iIti~mj~i~W;illitilJ-liiliJ!\il.~.2'id6~...M!>"f~,!_.;i:i,;n,;!,oi~'cl:1ffiil"'8-i,~,d-,'~",,~.[1~&--j,;jj~~~ iF; II, <-~ ,^- .'- ~~ - I illll ~J;1ll,4 ~"~~~~"""-~li'J_ ~ . .tlli."'"', 0 0 0 C 'n $: :ll: '-. 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