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HomeMy WebLinkAbout01-03327 , VALERIE ROSENBLUTH PARK, ESQdIRE 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 CORPORATION Plaintiff VS. DANIEL M GIBBS NOTICE: NO. C>/- .1J.)7 Cll>~('-r~ 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 obj ections 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. ~..-""'~~""""" J,' . . 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#:4168100006224800 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS DANIEL M GIBBS 550 F ST CARLISLE, PA 17013-1349 DEFENDANT NO.OJ- 33.7 7 Cw.d -r.u- 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, DANIEL M GIBBS, is an individual who resides at 550 F ST CARLISLE, PA 17013-1349, . 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 4168100006224800. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. _ '::1. ,~ -< ""T <,M - . ~ , ~~"'- 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 $4,764.88. as of 01/28/2000, plus pre-judgment contractual interest at the rate of 23.90% 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 $810.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $4,764.88, plus pre-judgment interest at the contractual rate of 23.90% per annum from 01/28/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $810.00, 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. -"'~?-' " - .-," -" " 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 $4,764.88, plus pre-judgment interest at the contractual rate of 23.90% per annum from 01/28/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $810.00, less payments made, plus costs and any other such relief as this Court deems reasonable and.just. PARK LAW ASSOCIATES, P.C. BY: l~ 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. ORDER FOR SERVICE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. i I I !-:"~~ -" ~,-,~ -,- _'t__ --~ --, " -~ - ~ ~~ '""""'" 'l'.:~lB."... ~" , \ VERIFICATION HEATHER KOOREMAN I, , 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. E~ecuted at Alameda County, Date ~-. I~ " ,- -~ Designated Agent , . '. I "~. ~~ . .~~ ..""""~ ... .. . 13 F1RST SELECT COR P 0 RAT ExAIBIT 4 ACCOUNT AGREEMENT Your WELLS FARGO account has been transferred to First S.elect. Corporation. Your WELLS FA.ROO account was closed at the time ?fthis tr:msfer, and will thCT'efol'c continue to be closed. This Account Agreement conuins the tl':rlTlS that govern your FU"St Sdea account (the" Account;). In this Agreement., "you" and "your" me:1t1 each person who is liable for paymenl. on the Account. "We." "our," "oun." and "us" mean rtm S.elect Corporation or its assignees.. Bec:l,use your Account has been tnnsfe:rcd to us, you are: now obligated to repay the Account to us instctld of WELLS F.JJtGO. lfthe- Account WilS opened as iljoint J.cc:ounl, we may act an the instroc:tions ofaIlY joint O1Cl:ounlholder. P'J.ymenu I F'lJ'tllIce Chargd. As: long as you have a balance outstanding on your A.ccount, fmance charges JrC calculated as follows: To figure the fInance charges for eac::h billing: cycle, we multiply the aVer.lge daily balance on your .4..ccount by a dail~ periodic: mte. The daily periodic rate we apply is your AccQunt's Annual Perc:enr.age: Ratl: divided by 365. Tne Annual Percentage Rate will be calculated as dISClosed In your most ref:enL WELLS FARGO acCQunt termS (the "Original TemtI"). If your Original Terms provided for diff~t Annual P:rcenuge R&s to be applie11 to different components of your ou~ding bahmce. we will apply the lowest such Annual Percentage Rate to your enure OUtstandlIlg b.u<1n'=e. We may .1CC~f late or pa.'1'ial payments., or payments m:uked "paid in full" or marke:d with other restrictions.. without losing 01.l.r right to coll.::ct all JIIlounts owing under this AgreemenL Fed. We will charge your A.ccount a fee for each billing cyt:lc within which your Account is delinqu~c (Jue ~ge). 1?e amount of the faIe charge will be as disclosed in your Original T~ or the maximum late charge permitted by the law ofyoursUtc ofrcsld.encc, whichever IS tower. We will charge your Account a. fee for e:ll:h renamed payment check (returned check charge). The ~ount ofttu: re:tume.d chet:k charge will be as disclosed in your Original T e:rms. or the maximum returned. check. charge permitted by the law of your stale of re::udenc:~, whichever IS lower. To the extent ptovided in your Original Te:rms, <Uld to the extent permitted by applicable l~w, in additic:n to y,?ur ob!igar.ion to p~y ~e outnanding balance on your Account., plus interest and fees as disclosed herein. we may also charF you. for any collet1lon CQS1s we u:ICUf, 1P:c;uding .but nOllm:uted to. reasonable attorneys' fees and court costs. If YQur Original Terms provided for an award of anomqs' fees and court costs, such proVUlon as IIlCOrpQnted herem shall apply recipl'OQllyto the prevailing party in any lawsuit arising out ofthi:s AgreemCOL Non~ W:U"~r or Certain Rights. We may delay or ~ve enfon:l:IIlent of any provision of this Agre;emcot without losing our right tIJ enforce it or any other provision later. AppliobJe Law; Sevenbillty; ...\:ssignment. No matter where you live, this Agrel:IIlcnt <1nd.your A>:count are governed by fedcrallaw and by the law of the state designated as the: applicable law in your Original Terms. If your Original terms did not contain an applicable law provision, then this Agreement <Uld your Account :It'e O'overned by federal. law and the law of your state of residence. This .-'\greement is a fInal expression of the. agreement between you and us and mav not be contradicted by evidence of any alleged oral agreement. tf any provision of this Agreement is held to be invalid or unenforceable. you and we will consider that provision modified. to ConfOIUl to appliC:lble la.w, and the rest of the provisions in the Agreement will still be enforceable. We may transfer or assign OUt right to aU or some of your pa)n1ents. If state taw requires iliac you receive notic: of suclt 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. 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 reporting about your Account, )'tIu must write to us at the following addres;; First Select Corporation. P.O. Box 9104, Pleas:mton., California, 94566. YOUR BILLING RIGHTS. KEEP THIS NOTICE FOR FUTURE USE This notice contains importanC information about your rights and our responsibilities under the Fair Credit Billing Act. Notify U, in C:u.e ofErrol"3 or Questiom About Your Bill : I !~ If you think your bill is wrong, or if you need more irJ'ornJ.tllion about an rntry on your bill. write us, on a separate sheet,. at the following address; First S~lect Corpor.Uion. P.O. Box 9104, Pleasanton. CA 94566. Write to us 3$ soon 3S possible. W ~ must he3.t' from you no later than 60 days after we sent you the flI'st bitt on which the error or problem appeared. You c:ut telephone us. but doing so win not preserve your rights. In your letter, give us the fOllowing: . Your name and Account number. . The dollar amount of the susp<<ted error. . Describe the ~TOr and explain. if you Qtt, why you believe there is an error. If you need more information. describe the item you ate not sure about. Your Righu :wd Our Re,polUibiUtid After' We Receive Your Written Notice w~ must ack:nowledge your letter within ~O days. unless we have COlTccted the error by th~ With~ 90 days, we must <:ither COtTect the error or explain why we believe the bdl WQS correct. A.fter we recClVe your letter. we cannot try to collect or report you as dellIlquent ;u to any amount you question. including tin:mc:: c~ges. W~ C:lJ\ apply any unpaid amount against your credit line. You do not have to pay 3rtY questioned.1lrlount while we W! investigating. but you are still obligated. to pay the parts of the bill that ~ not in question. Ifwe flIld that we made a misbke on yourbilt. you will not ha.ve to pay <Uly rm3llcecharge reln.tc~ to:my questioned amoUnL Ifwedid not make a mistake, you may have to pay flIlartce cbarges, and you will have to make up the missed payments on the qudlloned amount. In either case, we will send you a statement of the amount Y~!-L owe :lOd the dc.~ that it is .du~ If you fail ~Q pay the amoun~ we ~ you ow~. we m:lY rep<ln you :J.S delinquent. However, if our exp(:mation . d~ not s:wsfy you md you wntc to us Within 10 days telllIlg us that you,sull retuse to pay, we must teU myotle we report you to th:1t you question your bill. And we must tell you the name of3llyone we reported you to. We must tell mytlOe we rl:pOrt you to chat!.h.:: mlltter n.a.s been sctt.led between us when it fmaHv is. If we do not follow these rules. we C:1Dnot collect the fIrst 550 of the question~ 3tl'I.OUnl ~ven if your bill W:J.S correct, . . Spet:i:u Rule for Credit Card Pun::lu.sej {fyou have:1 ~robl~m with the quality of goods a.nd services that ~ou purch:1Sed with your WELLS r.-\.RGO credit ~ md you have tried in good faith to correct 1h~ problc=m Wlm the me::ch.:lllt, you m:1Y not h:1.ve to p~y ~h.: remaming Jmount. d~.: on the' ~ODds or s~",,'i-=~ Thc:: u= IWl}'limit.1ljon:s to Ihis right: (.a) you mUSl have ma~ th.:: purchase In your hom<e state or. If not W\thlO your hom.:: statl::. WlUl.In 100 mtl.::s ofyourcurr.:nt mallUl<:J add~:uad (b) tho: purchase poc:: must h:lve b~n more tha.n 550. These limit:niollS do nOl apply if.::jth~r we or WELLS F.-\RGO own or op.::rat.:: Ut.: mc:rch~L. or if we or WELLS FARGO mailc:d vou the: J.dv<::rtiso:rrtent for Ute propc:rry or sc:rv;I:.t:S. . !!l~~_,,,, -"-1""' c" '" & ~ '," , ,. - ~ ~ ,- -~- ~ - ~ '~,'- - '",-'f' '-,,' '!,:c,-'J, '.,"'>,^," -"",,,'-,"-",~-, ,~"",,-, '~;.-..v~ ~ ~ ~ ",","'K,"'ci;:j","I'~if"'(":!k""t&::"! .' ,if A ~ "fA C:I p (0 rr ~ .:t '"F!I ~, ~ "" r,; - ~ v, \) Cl:J ~: ..., ~{- ~ (y 0) () "1 ~< ~_. .' "- ...., ~ .,.-> .'--, () -"", . ....... C) (); ~_,=: (r_, , ~ I ..J-> ~:~:.:: .~~.' I ~ -- :< U ~ en ~ p: 0 ~ ~ ~_IlM'!'ZltQI~"111 .,~_'\', ,I, Ilf,~'!ll~~~~~')t1i~"i1i1t"""!l>"',!f':H:-""""B'!'~f"9"'''o/:,,,,,,;.<~-~="-'F6">>0!H"iI~Wj;X~)!~"m.ff-m;eI\~fl'.'W'~~ill"'-"'f.~~'!i~lj'.li!'l1i~i SHERIFF'S RETURN - REGULAR CASE NO: 2001-03327 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS GIBBS DANIEL M RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GIBBS DANIEL M the DEFENDANT , at 1505:00 HOURS, on the 8th day of June 2001 at 550 F STREEET CARLISLE, PA 17013 by handing to DYANN GIBBS, 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 Mileage Affidavit Surcharge So Answers: 18.00 3.10 .00 10.00 .00 31.10 r~ ~~~ R. Thomas Kline 06/12/2001 PARK LAW ASSOCIA Sworn and Subscribed to before By: = me this ;;J.f ~ day of ~ ;2hJ( A.D. Gh" ..a 7z,J;'; / ~ Pr t onotary / pjM1,,~,"_,. -'I Ili'8I;n.Ji!l1_ -,' ~, - if~, ~. j ',,-:~,,~ ~ Jj 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: 550 F ST CARLISLE, PA 17013-1349 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS DANIEL M GIBBS Defendant NO. 01-3327 PRAECIPE FOR JUDGMENT BY AGREEMENT TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff and against the Defendant named in the attached Praecipe for Entry of Judgment by Agreement attached hereto and made a part hereof as Exhibit "A". AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST AT 23.90% PER ANNUM FROM 02/28/2001 LESS PAYMENTS MADE $4,764.88 $810.00 $398.59 (0.00) TOTAL $5,973.47 PLUS ADDITIONAL COSTS S, P.C. AND NOW, entered as .)4 above. VALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff , ."200 Judgment is II- THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. '.'1 ,..- "~., "~'<. "c,.,.,........,_,_ ,;1'- ;! j> "" . 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS DANIEL M GIBBS Defendant NO. 01-3327 PRAECIPE FOR ENT~Y OF JUDGMENT BY AGREEMENT TO THE PROTHONOTARY: Please enter Judgment by Agreement this 'ZI:. day of JUf/l12- , 2001. It is hereby agreed between the parties that Judgment be entered in this action in favor of Plaintiff, FIRST SELECT CORPORATION, and against Defendant, DANIEL M GIBBS , for the principal amount of $4,764.88 plus interest at 23.90% per annum from 02/28/2001, until judgment is entered plus attorney fees of $810.00, less payments of 0.00 plus court costs. PARK LAW ASSOCIA BY: VALER ROSENBLUTH PARK, ESQUIRE Attorney for Plaintiff . f ~~ ~~-i~~ ,"-, /' c.- DANIEL . GIB S EXHIBIT A ';~)'i~! -'< < ,-. " ,,'~~ . , ,.. 1il . 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS. DANIEL M GIBBS Defendant NO. 01-3327 NOT ICE 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: { } Judgment by Default { } Money Judgment { } Judgment in Replevin { } Judgment in Possession { } Judgment on Award of Arbitration { } Judgment on Verdict { } Judgment on Court Findings {X} Judgment by Agreement IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: PARK LAW ASSOCIATES, P.C. at this telephone number: (215) 348-5200. PROTHONOTARY, ~ dv,-h, J k. . THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. '!'~~M-~<~~~,~~ _' _"'t"}'......,., , . ~- ~' L~ t '~ . -~" ~" . ",!,:'''''"" .- ,. ,- ,~, ~ ~ ',';',' , ,'~-'; ',I - ',,,^"." .' .- ",'-.-' ;,Ch".e;,\O';,'" ,"',"~,"" .',," ",:^ ,;"4 '~~ ,-,"",.,,<.,",.y~:'-.,:Q:"''''-~'''''"'ltl'T~'''''1r'~JJ :__~ ~ r , t "-Gq :-() D () 7::J0 ~~ ~ V .c:: ()r cS 1~ :::::- ~ tJ $'0 .... () C.::. =-""" G~7~'" c;- ",,) .~~jJljl~_~,!-~""~,~.W"~,y""",,-,,,,,,,,,,,':!,"''-''N'':'''~'"3~:t.1:':">'i'l::\'ir';~"f%~_'i""'''''''F~l'''''R'1Fi'JlI;1:;P;1f1li~~~~1lI~'