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HomeMy WebLinkAbout01-03331 1JS # "'" . 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. PAMELA V HODGE NOTICt NO. DI- 21JI Cl()~( l~ 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. ';'''~.,.J;1!II "7""', '._ > .' ~,' ' ? . - " , .. , 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#,: 4168100012418370 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS PAMELA V HODGE 169 WEST NORTH STREET CARLISLE, PA 17013-3439 DEFENDANT NO. 0/- 333/ ~ I~ CIVIL ACTION 1. The Plaintiff, First Select, Inc. is a Delaware corporation 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, PAMELA V HODGE, is an individual who resides at 169 WEST NORTH STREET, CARLISLE, PA 17013-3439. 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 4168100012418370. 4. The terms of said account are stated in the documentation attached hereto as Exhibit "A". :'--'!'tr:~*" _ :"':_~ _,..,.,.JU~.) .. . ' ~ ~,._~~~-~ ,,,. ~- :~. . 5. The Defendant has failed to pay the amount owed iri 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 $4,935.09 as of 03/06/2001, plus pre-judgment contractual interest at the rate of 10.00% 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 $838.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $4,935.09, plus pre-judgment interest at the contractual rate of 10.00% per annum from 03/06/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $838.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT. I - ALTERNATIVE 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 :n'h>r.Wl""","-,;~ ", '~-r "'-'. O~ '" """'"' . - - ~~, -~ # 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 $4,935.09, plus pre-judgment interest at the contractual rate of 10.00% per annum from 03/06/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $838.00, 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 COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. '''',~i':''- _ ,-.-,- '-!' '''l''' ,-- - - . r ' -~ ~"~ _if' 1 -, 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, Date Designated Agent ;,-~"W"W ~ , " - ~ ~-< '-'- .".., ^.' 5040 JOHNSON DRIVE P.O. BOX 9104 PlEASANTON, co. 94:566 88'8-924-2000 EXHIBIT A F1RST SELECT -~--, --- ACCOUNT AGREEMENT Your ASSOCIATES account has been tranSferred to First S~lect Corporation. Your .-\SSOCIATES account was closed at the time of this transfer, and will therefore continue to be closed. 111is 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. "W;:,," "our," "ours." and "us" m~an First Select Corporation or its assignees. Because your A"'<.'Ol.mt has been trnnsfom-ed to us, you are now obligated to repay the Account 10 us jns~ad of ASSOCIATES. 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 tallows: To figure the finance charges for each billing cycJe. we multiply the average daily balance on your Account by a daily periodi,? rate. The daily periodic rate we apply is your Accounfs Annual Percentage Rate divided by 365. The Annual Percentage Rate win be calculated as disclosed U1 your most recent ASSOCIATES account tenns (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 payments, or payments marked "paid in full" or marked with other restrictions, .....ithout 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 A.ccount is delinquerlt (late chargJ:). The amount of the late charge will be as disclosed in your Original Terms or the maximum late charge pennitted by the law of your state of residence, whichever is lower. We will charge your Accounta fee- for each returned payment check (returned check charge). The amount oftha returncd ch~k charge will 0': as disclos~d in your Original Terms, or the maximum returned check charge pennitted by the law of your state of residence, whichever is lower. . To th~ extent provided in your Original Terms, and to the extent permitted by applicable law, in addition to your obligation t;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 anorneys' fees and coun costs. If your Original Terms 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 QUI 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 a.re governed by federal Jaw 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 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 any provision of this Agreemerit is held to be invalid or unenforceable, y<>u and we will consider that provision modified to conform to applicable law, and the rest, of the provisions in the Agreemen~ 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 of State. Credit Reporting; Personal Infonnation. !fyou 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, you must write to us at the follo'Ning address: First Select Corporation., P.O. Box 9104, Pleasanton, California, 94566. We may sh.are information with our affdi.ates including, without limitation, Providian National Bank and J70vUUan Bank. However, you may write to U$ at any time instructing us not to share credit information with our affiliates. YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us .in Caseo/Errors or Questions About Your Bill If you ~ your bill is wrong, or if you need more information about an entry on your bill. write us, on a separate sheet, at the fol1o~g address: First Select Corpora1ton, P.O. Box 91 04", 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 fll'St bill on which the error or problem appeared. Yau can teJephone 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.., uyou can, why you believe there is an error. !fyou need more information, describe the item you are nat ~ure about. Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days. unless we have corrected the error by then. Within 90 days, we must either correct the error or explain whv we believe the bill was correct. .~ we receive your letter, we cannot try to collect or report you as delinquent as to any amount you question, including fmanc.e cha:ges. We can apply any unpal.d amount agai~ your. credit line. You do not ha.ve to pay any questioned amount while we are investigating, but you are still obhgated to pay the parts of the bill that are not 10 questton. Ifwe find that we made a mistake on your bill, you will not have to pay any fmance charge related to any questioned amount If we did not make a. mistake. vou 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 I'ou owe :md the ciat.e that it is .d";e. If you fail ~o pay the amou~ we think you owe, we may report you as delinquent However, .if our explanation does not satisfy you and you.wnte to us wlthm 10 days telhngusthat you still refuse to pay, we must tell anyone we report you to thilt YOll question your bill. .~nd we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has b~en settled between us when it finally is. Ifwe do not follow these rules, we cannot collect the first $50 of the questioned amount even if your bill was correct. ' Special Rule for Credit Card Purchases If you have a ~robtem. with the. quality of goods and services that ~o~ purchased with your ASSOCIA T~S credit card and you have tried in good faith 10 correct the problem With the m~hunt. you may not h~ve to Pll;y ~c remalOmg amount.d~~ on the ~oods orscrvu:~. nl~.r~ are two limit.ations to this right: (a) you must have made the purchase 10 your h~m~ st~t~ or. If not wlthl~l.Y?Ur home stat~. wlthlO 100 mtles of your cur:rent mallmg address; and (b) the purchase price must have b~en mon; man S50. These hml~atlons do not apply It ":lther we or ASSOCIATES own or op~r:.l.te the merchant. or if We or :-\SSOCIATES mailed vou the advertisement tor the property or S..:rvll.:':S. . -"'''''f.!;;~", ~_ ~S,Jl:-: ~-:J~'''''' -- _~_,..,." '^,,", ~ , fJ; " " ".___.,.~l~T.' ., " . , - - ".~,u~~-,~,- ','," ,","'~_'''""", _~ __'e"~~~ ._" . f ~ ~ -.Q. ~ 0 ,~::-::~ c: ~ ,. ... a '_'C'_ .. " , ;~~ 1 . Id !.v ~ "1 ;"...) "- 0 ;j) () - . "- ~~- "-J ~ I -- '-;;~ (. ---- . ~ p: ~ ::'=l,.'1 :..) ---.:1'": --'~> C~ """0 ",',. ~"') ::'.:' ~ -,.., -2 '- -c .....,., 1., """"""~~.""_=,,,!,,,..?lf"!,,)~~1."4!{'>'!'1""""iii;PA"~';"'~~$I'"," "'.".;;>,.,,," :",'I'it"l!~)#iI!~{ffi'<."l!Wl-~~fl'~~~Ji!"I~ft!lflf~#~~~~; "'"'" SHERIFF'S RETURN - REGULAR CASE NO: 2001-03331 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS HODGE PAMELA V 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 HODGE PAMELA V the DEFENDANT , at 1500:00 HOURS, on the 8th day of June , 2001 at 169 W NORTH ST CARLISLE, PA 17013 by handing to 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 3.10 .00 10.00 .00 31.10 ~~~ R. Thomas Kline 06/12/2001 PARK LAW ASSOCIAT Sworn and Subscribed to before By: t<- me this 2Y ~ day of ~ .:hvJ A.D. r1 a~~ 't~onotary F ,:;.,~ "< o " !' .,. 1- ,~ FIRST SELECT, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001- 3331 CIVIL TERM PAMELA V. HODGE, Defendant CIVIL ACTION - LAW NOTICE TO PLEAD TO: First Select, Inc. You are hereby notified to file a written response to the attached New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. C/,;(7/vI Date ' &t~ Counsel for Defendant MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 '~Tr:lr~_. .' ,. I,"~ ,0-1 ,_",<C_, ~-.",,- . - - ~,. ~- FIRST SELECT, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001- 3331 CIVIL TERM PAMELA V. HODGE, Defendant CIVIL ACTION - LAW ANSWER 1. Admitted. 2. Admitted. 3. Denied. Defendant denies that she is indebted to Plaintiff 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 4168100012418370. 4. Admitted in part and denied in part. Defendant admits that the terms of account number 4168100012418370 are set forth in Plaintiff's Exhibit "A". However, Defendant denies that she incurred charges or cash advances on an account bearing that number. Defendant repeats and incorporates by reference her averments set forth above in Paragraph 3 herein. 5. Admitted in part and denied in part. Defendant admits that she has not paid the entire amount Plaintiff claims she owes under the terms of the Account Agreement, but avers that she has made significant payments. Defendant repeats and incorporates by reference her averments set forth above in Paragraphs 3 and 4 herein. 6. Denied. After reasonable investigation, Plaintiff is without knowledge or information sufficient to determine any amount in which she may be indebted to Plaintiff as of 03/06/200 1. 7. Denied. For reasons set forth below in Defendant's New Matter, Plaintiff is not :":'?~--'-, " .. . ~ ,-"-,-,\,, ~ ~ ~ " ~y - -~- ~.~ , entitled to attorney's fees. Defendant denies that Plaintiff will incur attorney's fees in the amount of$838.00. 8. Defendant repeats and incorporates by reference her averments set forth above in Paragraphs I through 7. 9. Denied. Defendant denies that she received the monetary benefit alleged by Plaintiff. Defendant repeats and incorporates by reference her averments set forth above in Paragraphs 1 through 8 herein. 10. Denied. Defendant denies that she accepted the benefits alleged by Plaintiff. Defendant repeats and incorporates by reference her averments set forth above in Paragraphs 1 through 9 herein. 11. Denied. Defendant denies that she knowingly requested the funds at issue, and/or knowingly and voluntarily accepted the benefits bestowed. Defendant repeats and incorporates by reference her averments set forth above in Paragraphs 1 through 10 herein. 12. Denied. By virtue of Plaintiff's conduct in attempting to collect the alleged funds, it would not be inequitable for this Court to allow Defendant to retain them. Defendant repeats and incorporates by reference her averments set forth above in Paragraphs 1 through 11, and incorporates the averments set forth below in her Counterclaim. NEW MATTER 13. Defendant repeats and incorporates by reference her averments set forth in Paragraphs 1 through 12 herein. 14. The Account Agreement is unenforceable and unconscionable, in that it is an '0,", '-<, ~~_ ','" '" . ~""',,,_ ,-".,", --'. - - ~-.,.."",,-- '~T I adhesion contract over the terms of which Defendant had no control or bargaining power. 15. The amount of attorney's fees requested by Plaintiff is unreasonable and excessive, and bears no relation to actual attorney's fees incurred by Plaintiff in pursuing this action. 16. Defendant has made payments to Plaintiff for which she believes, and therefore avers, she did not receive credit. WHEREFORE, Defendant prays that the relief requested by Plaintiff be denied, and that she be granted such other and further relief as this Court may deem reasonable and just. COUNTERCLAIM Violations of Unfair Trade Practices and Consumer Protection Law 17. Defendant repeats and incorporates by reference her averments set forth above in Paragraphs 1 through 16 herein. 18. Beginning in or about March 2000, and extending to approximately May 2000, a duly-authorized agent of Plaintiff contacted Defendant by telephone, seeking to collect the debt Plaintiff claims Defendant owes in this action. 19. During this time period, said agent telephoned and spoke to debtor and/or her children two or more times per week 20. Said agent threatened to take Defendant's income tax refund if she did not pay the alleged debt, and repeatedly demanded that she wire him money and try to get money from relatives to pay him. 21. During his telephone conversations with Defendant, said agent yelled at Defendant, ;i!~_~ ,., , ,--," .r,<",-'.,., .," , ~..- ~,-,". ~ - ': -- ~ ,- '''~ ~'.'" , degraded her and was otherwise verbally abusive. 22. On several occasions, said agent discussed the alleged debt with two of Defendant's children, who were I S-years-old and 17 -years-old, and told them to tell Defendant to wire him money, or to get a relative to send him a check. 23. The above-described conduct of Plaintiff s agent caused her to cry and experience severe emotional distress, which greatly upset her children. 24. Plaintiffs above-described actions, by and through its agent, constitute unfair and deceptive acts and practices within the meaning of the Unfair Trade Practices and Consumer Protection Law (73 Pa. C.S.A. Section 201-1 et sea.,) and the regulations promulgated pursuant thereto (37 Pa. Code Section 303.1 et sea.) in that: a. Plaintiff threatened that non-payment of the alleged debt would result in the seizure, garnishment, attachment or other taking of Defendant's income tax refund, when such action was unlawful and Plaintiff did not intend to take such action. b. Plaintiff represented that it could take her income tax refund when such action could not legally be taken or was not intended to be taken. c. Plaintiff used language the natural consequence of which was to abuse Defendant. d. Plaintiff abused or harassed Defendant by telephone, by means which include but are not limited to continuing to telephone Defendant during a 7-day period following a telephone discussion between Plaintiff s agent and Defendant. e. Plaintiff communicated or implied the fact of Defendant's alleged debt to ';'f!1I\,_~. '"-'_~ ''',.,~; 0- -'-' "!' .-.' - ,.' ~-~'- -- "-, ~ . persons other than Defendant, without the written consent of Defendant given directly to Plaintiff subsequent to the commencement of collection activities or without the express permission of a court of competent jurisdiction or as reasonably necessary to effectuate a post-judgment judicial remedy. f. Plaintiff otherwise used false representations or deceptive means to collect or attempt to collect the alleged debt. g. Plaintiff otherwise abused or harassed Defendant in connection with the collection of the alleged debt. WHEREFORE, pursuant to 73 P.S. Section 201-9.2, Defendant respectfully requests that she be awarded actual damages or $100.00, whichever is greater, for each violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law (73 Pa. C.S.A. Section 201-1 et seq.) and the regulations promulgated pursuant thereto (37 Pa. Code 303.1 et sea.); treble damages; and such additional relief as this Court may deem necessary or proper. Respectfully submitted, Pb&.i~ Counsel for Defendant MIDPENN LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 \-i,,, -~ _ -'<'--'';-T<- ".- - ]."- - T '-'--'-"- - . FIRST SELECT, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001- 3331 CIVIL TERM PAMELA V.HODGE, Defendant CIVIL ACTION - LAW VERIFICATION I verify that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 P .S. Section 4904, relating to unsworn falsification to authorities. ~ -p& -0/ .-p~/))ij/~ Pamela V. Hodge "~,l\\1\. ;~:' _.n'_'_. ,",. . ~ , ~ . ".."." _~l4>.-~ FIRST SELECT, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2001- 3331 CIVIL TERM PAMELA V. HODGE, Defendant CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Philip C. Briganti, hereby certifY that I am this 27th day of June, 2001, serving a copy of the foregoing Notice to Plead, Answer, New Matter and Counterclaim upon Plaintiff, by mailing a true copy of the same to Plaintiff's counsel at the following address by fIrst-class U.S. mail, postage prepaid: Valerie Rosenbluth Park, Esquire PARK LAW ASSOCIATES,P.C. 25 East State Street P.O. Box 1779 Doy1estown, PA 18901 Philip C. riganti Counsel for Defendant MIDPENN LEGAL SERVICES. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 H~." .,_ _"._ , >_~1 _ ", ". : "," ""TJ -,-- -~, . -~,'" ,n - , , , ~~ ,~~,-~ -',"""." kl j)' )T! mI. ",. ll-_",~~ J"7' 11...J .., " "'~ ,,;-C-',. '" . r~"." ~-ft-:,;,c ".'. .,,,.\,...' "~ko'._.' .,. -""',' "filtt 'C'X'~ ,~ 'tjjfDJ'rl: -~m--' m' U.l ;!;'~ ..t,=- v':; r~ '-. ~(,-, z . I',.) )>;:.c; - ".., -"j -< ",'j on u::J ::;:J -< ,11jiil~~1i'ii:r"t_~., ~'''fF' "~~!Rll'!!!:i';t<'!lt.W<".1'.1f>i\~o'''-'-i"''1''"::j'',,'iif.'''R,",,...'~h 1",f';f'J~.~~},flt*-!~"ib"#!J-"-~~~Ii~iU1~ 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. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff VS. PAMELA V. HODGE Defendant NO. 2001-3331 CERTIFICATE OF SERVICE Valerie Rosenbluth Park, Esquire, certifies that she is the attorney for the above named Plantiff in the instant action and that on August 21, 2001 she served a true and correct copy of Plaintiff I s Response to New Matter and Counterclaim, by mailing same first class mail, postage paid, to the person and at the address set forth below: Philip C. Briganti, Esquire MidPenn Legal Service 8 Irvine Row Carlisle, Pa 17013 BY: VALER ROSENBLUTH PARK, ESQ. ATTORNEY FOR PLAINTIFF -;-;;~ ~ ,>> ~"'l""":"~--- ~ -;--- ~~,o."_~~,._" .,'''~'''''''''''"''''''''''''"""","-"",,",._~ ! ,- ~; v~~t~F1!!l11Il'l'i'l""~" ",1 ~ ", ._J....,.~lfMOO!.~fP~~~;,~~l"Vf'!*,"!i;i'~;;. o s -'O5:~ \l1\"i' z:-:'; ~~. "d:::C; ~~ =-3 -~ c:; ~~ '0'- ~;j ") !.,~) (,.,' ........1 CT" ,-.,..-.;;- ''';-:R-C'-''"1''._''j,\~~'1J'r~/,!f'i~WP;,I'h-'ir---~'':'~''t'"':1'!'il~i~_%r,;;~}M~~ii@ .. , . VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 E. STATE STREET DOYLESTOWN, PA 18901 (215) 248-5200 ATTORNEY FOR PLAINTIFF FIRST SELECT, INC. Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS VS PAMELA V. HODGE NO. 01-.3331 PLAINTIFF'S RESPONSE TO NEW MATTER 13. Plaintiff incorporates paragraphs 1 through 12 of it's Civil Complaint as if the same were set forth herein at length. 14. Denied. The allegations contained in this Paragraph are Conclusions of Law to which no response is required under the Rules of Civil Procedure. 15. Denied. The allegations contained in this paragraph are Conclusions of Law to which no response is required under the Rules of Civil Procedure. 16. Denied. It is specifically denied that the Defendant has made payments to Plaintiff for which she did not receive credit. On the contrary, the Defendant received credit for all payments made. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against the Defendant in the amount requested in Plaintiff's civil Complaint. PLAINTIFF'S RESPONES TO COUNTERCLAIM 17. Plaintiff incorporates paragraphs 1 through 12 of it's Civil Complaint and paragraphs 13 through 16 of Plaintiff's Response to Defendant's New Matter as if the same were set forth herein at length. ',')~~",,*'il*~~W'~'@iI!\!r"'~~~P'1 _~ ~.~l\'Jjl~ . ~~ I ~~ r"",'r., '. .,.,.-,;._y.::,r,," '~_' "C,l'." '" ,,~.'-"_"'. _:'" ~i,':' -", ""]'~. . '_'~_' . '-,~ ".- --, " , . " , 18. Admitted in part and denied in part. It is admitted that Plaintiff and the Defendant had telephone conversations regarding the Defendant's debt. Plaintiff after reasonable investigation is without knowledge or information sufficient to form a belief as to whether every conversation that the Defendant had regarding this debt was with a duly-authorized agent of Plaintiff and the same is therefore denied. 19. Denied. telephoned or authorized by It is specifically denied that an agent of Plaintiff spoke to anyone other than the debtor or a person the debtor to discuss the account with Plai~tiff. 20. Denied.. It is specifically denied that an agent of Plaintiff threatened the Defendant or engaged in any improper conduct. 21. Denied. It is specifically denied that an agent of Plaintiff yelled at Defendant or engaged in any improper activities while discussing the account with the Defendant. 22 . Denied. telephoned or authorized by It is specifically denied that an agent of Plaintiff spoke to anyone other than the debtor or a person the debtor to discuss the account with Plaintiff. 23. Denied. plaintiff specifically denies that its agents acted improperly or caused any reaction from the Defendant. The remaining averments of this paragraph regarding severe emotional distress are conclusions of law to which no response is required. 24. Denied. The allegations contained in this Paragraph are Conclusions of Law to which no response is required under the Rules of Civil Procedure. a. Denied. Plaintiff specifically denies that it threatened or acted improperly while discussing the account with the Defendant. The remaining averments of this paragraph regarding unlawful action are conclusions of law to which no response is required. b. Denied. Plaintiff specifically denies that it represented to Defendant that Plaintiff could take her income tax refund when such actions could be taken. " i'i,-,,,,.'*~4j!,";1'WJ!''Wl~\'1~!Mt~",,,,"FR~'_''"''~ r~~~ ,., ~.- . ,- -~ 't c._ Denied. The allegations contained in this Paragraph are Conclusions of Law to which no response is required under the Rules of Civil Procedure. By way of further answer, Plaintiff specifically denies that it used language which was intended to abuse Defendant. d. Denied. Plaintiff denies that it abused or harassed Defendant by telephone or that an agent of Plaintiff acted improperly in any way. e. Denied. Plaintiff specifically denies that Plaintiff communicated and provided information regarding. Defendant's debt to anyone other than the Defendant or a person authorized by the Defendant to receivepuch information. f. Denied. The allegations contained in this Paragraph are Conclusions of Law to which no response is required under the Rules of Civil Procedure. By way of further. answer, Plaintiff specifically denies that it used any false representation or deceptive means in order to collect the debt from the Defendant. g. Denied. Plaintiff specifically denies that it. abused or harassed Defendant or acted improperly in any way in its attempt to collect the debt from the Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against the Defendant in the amount requested in Plaintiff's Civil Complaint. and that Defendant's Counterclaim be dismissed with prejudice. Respectfully Submitted, Park ,~.OC1ates, P.C. BY: VALERIE ROSENBLUTH PARK, ESQ. ,. ~ ff' VERIFICATION State of KENTUCKY JEFFERSON County of , States that he/she is the of the Plaintiff in the foregoing action; that he/she is authorized to take this Affidavit on its behalf and that the facts contained in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. He/She further understands that false statements made herein are subject to the penalties of 18 Pa.C.s., Section 4904, relating to unsworn falsification to authorities. ERO xe~~GJY Name: . :",,~..."." ",~.", _<'..eTI,_ ~,~.< _., ~. r~ .,,,,,,,...... l~,""_' ~~--r~."..,-,__:IW:;:W ~itIDy,:~if;_'" ~I 'J. 1.~'J;;,' ~,ri i l"~.? . - ~ "f 'to ~ i /~ '''.''1''1..''''.'' '..t ,." .. ,",d','I>~._,.....,___,.",_" "','(1,-':' ~~ ..~"m'l~, hh~ " ,,-. 0 , ,.' ~~) c , , ?:: ~ "T) U ~ ~,'! -:-..~1 2: C- >.> (f' .,. <:.-. ....,;:; ,~\ ~~- ~y' :i:: '.i -,-' C'; _,I, , ~~ L i~ j; 'oj nl c: ( " " ';';-'1 ---j r'..) ~::J -< 0"'\ -< !~7':'lif."1'-'Tf\~"_"'?YW?i;,'I:t'\J1'j~7!'7'~'T."W!!>!l'Wljr~f&.~'f''-?~~~l!O{::t1!W'iVt!1dl'~*F;""'W'i'W!'0'~~i'mc~~~ .. ' 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 r CUMERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS PAMELA V. HODGE Defendant NO. 01~3331 ORDER J3' AND NOW, to wit, this day of ma.q, , 2002, upon presentation of the attached Stipulation and Settlement Agreement on behalf of First Select, Inc., the Plaintiff, and Pamela V. Hodge, the Defendant, the Stipulation and Settlement Agreement is hereby approved and made an Order of the Court. t.~ ~ 03-1'!-{) fLR'}r to: Jli;lr{ Br ~wit; ~~~ .Law 3SSQQ. "~,~~f -,~" - f"" BY THE CO;J J. ~ ~~" - ~-~. . . ~.- ~. ~" ,~~ ,,- , '!'lj"~&ro""~nllili ~~ . ~~ ,-, ~~',.~. , VII\JV/-1'qtll -- i It /r,'''0:1 \ fl\_\,,'!\j~}jd 1\- \lli,,)\) (l.~ "'-'{:i:.iJ~n''Vno .i U:7 I' , ;~r; ., ':1:;1) "."0 I ~\!ii'1 (.. lUVIO! _~~. ~ ._ ~" ~~ ~'o "' " ... <'~,1' _,!.Jllll!1!1ll,~ _ ,~W'-M}~"'t;~;'l'!,*"~~';-';-~'e;";"" ";ro/' "f:-"\;';B;T'fiFU~~i31~l!""m~~''W'i.l::iW,'[l~iM%1'f>,,~~;~~II~lfrIRN . fce fv1f fCe r. v.rI, Feb 06 02 10:2Sa ... PARK LAW ASSOCIATES PC 215 348 4015 p.2 , .... VALERIE ROSENBLUTII 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, INC. Plaintiff VS PAMELA V. HODGE Defendant NO. 01-3331 STIPULATION AND SETTLEMENT AGREEMENT AND NOW, this II day of1/' MfAJL1 2002, this stipulation is between Pamela V. Hodge, the D~~land Pirst Select, Inc., the Plaintiff, and all parties hereto have consented to this Stipulation and the parties agree as follows: 1. Defendant will pay the balance of $2,500.00. 2. The first payment of $100.00 is to be received on or before F0S~~~~} 15, 2002; /7Jqrc~ 3 . Thereaft~E~>>efendant will pay this office the sum of $100.00 on or before f_- -," 15, 2002, and on the same day of each month thereafter until Defendant's obligation including interest and costs has been paid in full, at which time, Plaintiff will file a Praecipe to have this matter marked as settled and discontinued, with prejUdice. 4. Defendant will make your Checks/money orders payable to Park Law Associates, P.C., attorneys for First Select, Inc., and mail all checks/ money orders to: PARK LAW ASSOCIATES, P.C. 25 E. STATE ST. P.O. Box 1779 Doylestown, FA 18901 Feb 06 02 10:29a PARK LAW ASSOCIATES PC 215 348 4015 p.3 ,> , - ) 5. Time shall be of the essence so that in the event Defendant does not make any of the requested payments in a timely manner, this Stipulation shall be deemed to be in default and Plaintiff may proceed to file jUdgment against Defendant for the balance due as stated in the civil action complaint including interest attorney's fees and Court Costs upon the CONDITION that Defendant does not cure the default within thirty (30) days of written notice being sent to the following: Philip C. Briganti, Esquire Mid Penn Legal Services B Irvine Row, Carlisle, PA ~7013. 6. In consideration of the above, Defendant agrees that Defendant's counterclaim is hereby withdrawn with prejudice. I I i \ I I ! Park Law Associates, P.C. BY: Va er~e Ro enbluth , Esquire Attorney For Plaintiff Mid Penn Legal Services BY, fi#z r: P pnilip . Brigant , Esquire Attorney for P' ia!.lUIi j)~k",/q'l 1- Pamela V. Hodge hereby acknowledges that I have received a true and correct copy of the Stipulation, ratify same, have had opportunity to consult an attorney, and execute this Stipulation willingly, and knowingly, thus that it shall be made an Order or Court. ~~_Leh/ZJ/J6~ 0-, Pamela V. Hodge v Defendant THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. <<~ ~ /ep .~ _. ,,-" _ ~-<NO" ~, ~~ ~ ,C_, ok,.. ~,,_'-_ - , ~~'-,<-.~.-."", "'-'c"~.,,.''''>ri.o;''''"---'''''-'-.'~,-,,-,_ 1"[8 1 9 ;Dltc o c [BEE ~~\~~. ~C~' ~E; ,;"-"c z _--f -< , ( co l"<f -~ -- ),;0." ;Cl C) "T1 ..~ :J;~ f'-' ,." / 5 -~ ~ -< ~~,. _lqF!<II~~~~~~~I!i!'~~F'!Wfff~l~abjh"" <,F:-' '--""._:-''''_';'''kf'!i;o'W;l1(8JU;tf.jI\i'jff"C1ii'm:'i.n*'''i\\j'~~'!~~'''1'''];r!!\j>l"W$W)1!ill1i"ilt-'"K!!'~f ~ 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, INC Plaintiff VS PAMELA V HODGE Defendant NO. 01-3331 PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended upon payment of your costs. BY: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. -'--"-"~-1="ff_"'~r.,.',,~,y ~_,_-""._ ~ :'-1' ,<.. ~ ~-~~ - " <:::-s ~ .~. _~~J1L""'~_"""9""~~jUl71"lil:W'T!H~.",..." ~, . ~H o f"; -;::"L0::; !~;L!:_, ti} ~!~,. ...,~ "c~ ~~~) ~C; Y.C: ~ -( _fM:!ll~!j!<1~~IIfl~jiGi'i,!n-~~--1r~;""';" .., "" = = -"" ::ll: ~1'JI --< I -J ~ --I ~,:o -chl -00 b' ~~ <:::>..0 -70 ;c)fT1 ~. ~ "n :< -0 -.- -:>... c..n 0"