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HomeMy WebLinkAbout01-0911 FX ~ 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. KAREN M HERB Defendant NO. O/~ ql/ c;(}~( <y-~ 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. lI'lr,~~ _ 1 _ .R_ , ,"1 - ~ ., . 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#:4168100011024690 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS KAREN M HERB 247 E ST CARLISLE, PA 17013-1322 DEFENDANT /> . -, 't4- NO. ol-9JI ~ CIVIL tCTION 1. The Plaintiff, First Select, JInc. 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, KAREN M HERB, is an individual who resides at 247 E ST CARLISLE, PA 17013-1322, 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 4168100011024690. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. -~ -'I 1'."-- " I~I ~ ,~ ~ -~- ,'.' ~ 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 $6,221.82 as of 09/27/2000, plus pre-judgment contractual interest at the rate of 18.00% 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 $1,057.70. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $6,221.82, plus pre-judgment interest at the contractual rate of 18.00% per annum from 09/27/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,057.70, 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..1,0 _" ~,. - 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 $6,221.82, plus pre-judgment interest at the contractual rate of 18.00% per annum from 09/27/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,057.70, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY'~~. ERIE R~NBLUTH 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.> """"1_' t .~ ,',- .'- , -.I.J V~ VERIFICATION I, !-lFATHER 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, of California. Date Designated Agent ..,~, 01'":'1' -~ ~. FrRST SELECT EXHIBIT If ACCOUNT AGREEMENT Your SUN TRUST account has been transferred to First Select Corporation. Your SUN TRUST 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." "ours," and "us" mean First Select Corporation or its assignees. Because your Account has been transferred to us, you are now obligated to repay the Account to us instead of SUN TRUST, If the Account was opened as a joint account, we may act on the instructions of any joint accountholder. Payments 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 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 recent SUN TRUST account terms (the "Original Tenns"). 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 payment;s. or payments marked "paid in full" or marked with other restrictions, without losing our right to collect all amounts owing under this Agreement You may ask First Select Corporation to pay this account by debiting your checking or savings account. First Select Corporation will first verify your identity and eligibility for this service. You may revoke your authorization by writing to First Select Corporation Customer Service. Fees. 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 Terms 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 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 Terms, and to the extent permitted 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 courfcosts. If your Original Tenus provided for an award of attorneys' 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 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 federa1law and by the law of the state designated as the applicable law in your Original Terms. If your Original terms ,did n9.~icontain an applicable law provision, then this Agreement and your Account are governed by federal law and the law of your state of ~idence. This Agreement is a final expression of the agreement between you and us an<l; may not be contradicted by evidence of any alleged oral agreem~' 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 provisiQP5 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 ofSfate. , Credit Reporting; Personal Information. 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 reportylg about rour Account, you must vvrite to us at the followin~ address: First Select Corporation, P.O. Box 9104, Pleasanton, CalifOrnia, 94566. We may shrne inj"onnatuJd mth 0,.". affiliates inclllding, withOJd li,"itat~on, Providian National Bank and Providian Bank. However,)oll mff)m1teto us at an) time instnlctinr us not to shcrre credit information with 0"'" affiliates. YOUR BILLiNG RIGHTS - KEEP TillS 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 ~g, "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. Pleasanton, 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 preserve your rights. In your letter, give us the following: . Your name and Account number. . The dollar amount of the suspected error. . Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. Your Rights and Our Responsibilities After We Receive Your Written Notice W~ must ac~owledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we beheve the bill was correct. After we receive your letter, we carmot try to collect or report you as delinquent as to any amount you question, including fmance cha,rges. 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 obhgated to pay the parts of the bill that are not in question. Ifwe fmd that we made a mistake on your bill, you will not have to pay any ftnance charge related to any questioned amount. Ifwe did not make a mistake, you may have to pay finance charges, and !,~u will have to ~e up the missed payme~ts on the questioned amount. In either.case, we will send you a statement of the amollnt ?,OU owe and the da~ that It IS .du~. If you fad ~o pay the amoun~ we think YOll owe, we may report you as delmquent. However, if our explanation does not satisfY you and you wrrte to us Within 10 days teIlmg 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 settled between us when it finally is. Ifwe do not follow these rules, we cannot collect the ftrst $50 of the questioned amount even if your bill was correct Special Rule for Credit Card Purchases If you hav~ a problem with the quality of goods and services ~a~ you purchased with YOllr SUN TRUST credit card and YOll have tried in good faith to correct the problem With the mercha?t, you may not have t.o pay ~e ~emauung amount du~ o~ the goo?s or services. There 3.!~ two limitations to this right: (a) you must have made the purchase m your h~~ ~te or, if not WlthD;1 y?ur home state, Wlthm 100 mdes of your current mallmg address; and (b) the purchase price must have been more than $50. These lumtattons do not apply if either we or SUN TRUST own or operate the merchant, or ifwe or SUN TRUST mailed you the advertisement for the property or services. F5005 ~JlI ~" , ~~ CD OF T 'R:f;:jSSTAI1Y [)! FFii I 4 PO!' rJ. ') ~ , -, .,' ., ~~. l ,c. CUfv1H.~~'I'~il' .r..i1 iU'-\ /-'-(\! J, rrv r.,.:.;_ ,-- '" \..J:..JUI''li r Pi-N\'e.,(, I/,'^ 'IrA '- I\'V L r\J\: !/4D. S-O '-- S. CD- S"df- f .it ~ SO -7~.J>>1.; QL...tL 4~.s-..l R....::tL /67 f..l{ 'J......- ~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-00911 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS HERB KARNE M GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT & NOTICE HERB KAREN M the DEFENDANT , at 0020:30 HOURS, on the 20th day of February, 2001 at 247 E ST CARLISLE, PA 17013 by handing to HARRY HERB (FATHER) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 Sworn and Subscribed to before tv me this Jg - day of j~ ;Le,-o ( A.D. ~ a Yt..J j}/;. ~ .$Ji othonotary . """"""'~I""'. II So An~ ~ ~. ~-~~~ f R. Thomas Kline 02/22/2001 PARK LAW ASSOCIATES BY:4~ I~~ . Deputy Sh ff . 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: 247 E ST CARLISLE, PA 17013-1322 4168100011024690 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS KAREN M HERB Defendant NO.01-911 PRAECIPoE 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: $6,221. 82 $1,057.70 $463.31 ($0.00) ($0.00) $7,742.83 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". ~/ VALE~SENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL AND NOW, f)-n', \ $ __, JOOI , Judgment is entered in favor of t~YPlaintitI and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. .~' T'I r ~~ :;W''"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. , ~ 1"-1 VALERIE ROSENBLUTH PARK ATTORNEYLD. # 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: 247 E ST CARLISLE, P A 17013-1322 FIRST SELECT, INC. Plaintiff VS KAREN M HERB Defendant NO. 01-911 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: KAREN M HERB 247 E ST CARLISLE, PA 17013-1322 DATE OF NOTICE: 3113101 JMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN TIllS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TIllS NOTICE, A. JUDGMENT MAY BE. ENTERED AGAINST YOU WTIHOUT 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, PAl 7013 (717) 240-6200 PARKLAWASSOCIA~ BY: ~/\ ERIE RcJs:ErNBLUTH PARK, ESQ. cc: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT If , ~ " ~,~ ' . , ,,- "I' '". " ,. ~' _~. i, '~I!'!"j, " . " ,,-- VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA l890l (2l5) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 247 E ST CARLISLE, PA l70l3-l322 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS KAREN M HERB NO. Ol-9ll Defendant 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 KAREN M HERB, Defendant is over 2l years of age; that his/her place of residence/business is located at 247 E ST CARLISLE, PA 17013-1322 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 i s amendments. ,- PARK LAW SSOCIATES, P.C BY: Va erie Rosenbluth Park Attorney for Plaintiff EID <';:';,f-,....~ 1....1 . 1 VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 2'5 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: 247 E ST CARLISLE, PA 17013-1322 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS KAREN M HERB NO. 01-911 Defendant 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. P 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. ,':<<:"'..,..,....~~r..~' . ,,-~ I I . . ~ - ;>;Tl\PY I I I I ! ~",',_.', 0- ')? o i f - 'J r i"l {~. -.'.... 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