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HomeMy WebLinkAbout01-05711 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 CUMBERLAND FIRST SELECT, INC. ROBERT BAZDAR Plaintiff VS. Defendant ESQUIRE COUNTY COURT OF COMMON PLEAS NOTICE No. 01-S'7I/ l:~v~~~~ 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. r 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#:4168100013605041 COUNTX COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS ROBERT BAZDAR 3 NTTTANY DR MECHANICSBURG, PA 17055-5592 DEFENDANT 1 N0. © (-' cS~?~~ CIVIL ~1 V ~C,~~ 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, ROBERT BAZDAR is an individual who resides at 3 NITTANY DR MECHANICS$URG, PA 17055-5592, . 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 4168100013605041. THIS 23 AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USfiD FOR THAT PURPOSE. 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 $7,132.44 as of 01/24/2001, plus pre-judgment contractual interest at the rate of 8.00% per annum, less payments made. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $7,132.44, plus pre-judgment interest at the contractual rate of 8.00% per annum from 01/24/2001 until the date of the judgment herein, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT II 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. 12. It would be inequitable for this Court to allow the Defendant to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL $E USED FOR THAT PURPOSE. WHEREFORE, Plaintiff demands that Judgment be rendered in favor of the Plaintiff, First Select, Inc. and against the Defendant in the amount of $7,132.44, plus pre-judgment interest at the contractual rate of 8.00% per annum from 01/24/2001 until the date of the judgment herein, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSO ATES, 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 DEST. ANY INFORMATION OBTAINED PTILL BE IISSD FOR THAT PURPOSE. I, VERIFICATION SANDY BORCHELT 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, in the State of California. Date Designated Agent :,; exHieir____~ ACCOUNT AGREENLENT Yaw ASSOCIATES account has been transferred to First Select Corporatiaq Your ASSOCIATES account was closed ai the time of this tmtrsfer, and will therefore corrdnue to be closed This Account Agreemem contains the terror that govern ywr First Select accoum (the "Account"). Inthis Agreement, "you" and "your" mean each person who is liable for payment on the Aacouttt "We; "'ow;' "ours;' and "us" mean Firs[ Select Catporation or its assignees. Because your Account has beentragd'etredto us, you are now obhgatedto repay the Accoumto us instead of ASSOCIATES. Ifthe Account was opened as a joint accoum, we tnay act on the instruction of anyjoim awountholder. - Paytnents / Firtmrce Charges. As long as you have a balance outstanding on yow ACCOtmf, Snance charges aze calculated as follows: To 5gure the Seance chazges fm each billing cycle, we multiply the average daily balance on yow Aewum.by a daily periodic rate. The daily periodic rate we apply is yow Acwum's Annual Percentage Rate divided 6y 365. The Annual Pemetdage Rate will be calculated as disclosed in yowmce[ recem ASSOCIATES accoutd terms (the "Original Terms'7. If yow Onginal Terms provided For diffar»t Annual Percentage Rates to be appliedm differem components of yaw outstanding balance, we will, apply the lowest such Annual Pememage Rate to your eNire outstandingbalance. We may accept late or partial payments, or payments marked "paid in full" w marked with other restrictions, without losing ow tight m collect all amounts owing under this Agreement You may ask First Select Corporationm pay this awoum by debiting yow checking or savings awouvt Fast Select Corporation will fort verify yow tdemity and eligibility forthis service. You rosy revoke your authorization by writingto Fbst Select Cotporalioa Customer Service. Fees. We will charge yow Awoum a fee For each billing cycle within which yow Aceoum is delnquem (late chazge). The amount. ofthe late charge will be as disclosed in your Original Terms orthe maximum late chazge pcrtnitted by the law of your state ofresidwce, whichever is lower. We will chazge yow Awoum a fee for each remmed payment check (returned check charge). The amotmt ofthe returned check charge will be as disclosed in your Original Terms, or the maximum returned check charge pemrtlted by the law ofyow state ofresidence, whichever is tower. _ To the extern provided in yow Original Terror, aodto the extern pormitted by applicable law, in addition to yow obhgationto paythe outstanding balance on yow Account, plus interest andFees as disclosed herein, we may atsoicharge you for any collection wets we incur, mchrding but not limited to reasonable attorneys' fees and wort casts. Ifyow Original Tenns provided#'or as award.ofattomeya' fees andconrt cows, such provision as mcorpormed herein shall apply reciprocally to the prevailmgPazty m any lawswt ariaiBg out ofthis~Agreemem..,,~. Non-Waver ofCertaheRights. Wemay d~laywwive enforeemaof ofaay provision dithis Agmemem without losing ow rightto enforcehor arty other - provision later. App)kable Law; Severabrlity; Aa9i~rment No matter while you live, this Agreement avd yow Account are govemedby federal law and bythe law ofthe state - designated oaths apphcaiila law in your Original Tennis. If your Originalterms$ligdnot wt5tain an applicable law provisioq then this Agreement and yow Account aro governed by federal law andthe law of yply state~at'iresidence. Tbis Agreemein is a final expression ofthe agreemem between you and w and may not be eomradicted by evidem:e ofany alleged oral agreement Ifa~pravision dfthis Agreemtmt is held to be invalid otunenforceable, You and vrewill wnsidet that provision madifiedto wm'omtto applicable law; and the test ofthe provisrousEiutbe Agreement will stillbe enforceable. We may transfer of assign oui•right - to all w some ofvownavmems. If state law requires that you recervehmice of such an evemto proteRthe purchaser or assignee, we may give you such notice byfihng aSnatrcing sfatemem with the state's Secretary of State.- CreditReporting; Personal lnformatioa Ifyou failto fulfill the terms ofyow credit obligating anegative credit report reflecting on yow credit record may be submittedto a credit repotting agency. In orderm dispute auq inCnmtatian we are about ~eur Aecaunt, you must write 20 us at the following address: First Select Corporatioq P.O. Box 9104, Pleesauton, Califom5a, Q45b6. We mq s are i~/'orrnahon rrirh oar rpjRiafer indn~ng, !ridroar &rnrtahon, Providian National Bank andioravi&an Bank. Aonever,youmap mtie to rb`ar any timeinrfruaYing ar oat to share aetfN information with our q(j''diotu. YOUR $ILLIIVG RIGHTS -KEEP THIS NOTICE FOR FUTURE USE This notice contains imPortam information about yow tights and ow respoasibilitiesunder the Fair Credit Billing Act ~ - - - - - -- - ____ -Notify Us in Ca+e oPErrors or tZuesNam About Your Btll -- - - ~ ~ -- - ~-~ - --_-_- _ Ifyou think yowbill is wrong or ifyou need more information about an entry on Yow bill,.write us, an a separate sheet, atthe following address: First Select Corporatioq P.O. Box 9104, Pleasantoq CA 94566. Write to us as soon as possible. We must hear from you no laterthan 60 days after we rem you the first bill on which the error w problem appeared You can telephone us, but doing so will not preserve yow rights. In your letter, give us the following: • Your name and Awoum number. • The dollaz amoum ofthe suspected error. • Describe the error and explain, if you can, why you believe there is a4 error. I£you need more informatioq describe the item you are not sure about. Your Rights and Onr Responslbr7ities After We Receive Your Written Notice We must acknowledge yow letter within 30 days, unless we have corrected the e[roc bythea Within 90 days, we must either correctthe error or explain why we believe the bill was correct After we receive yow letter, we caunottry to collect w rapoR you as delnquem as m any amount you questtoq including finance charges. We can apply any unpaid amotent against your credit Tine. You do not have to pay any questioned amount while we are investigating but you are still obligatedto pay the parts ofthe bill that are not in questing Jf we Sod that we made a mistake on your bill, you will not have to pay any finance chazge related to any questioned amount. If we did not make a rtiislakz, you may have to pay finance charges, and you will have to make up the missed paymrnts on the questioned amount in either case, we will swd you a statement of the amount you owe and the date that it is due. TFyou fail to pay the amourd we think you owe, we may report you as delinquent However, if ow~explanation does not satisfy you and you write m us within 10 days telling us that you stilt refuse to pay, we must tell anyone we report you to that you question your biE, 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. If we do not follow these roles, we cannot collect the fast 550 ofthe questioned amorutt even if yow bill was correct Special Rule for Credit Card Purchases Zf you have a problem with rho quality of goods and services that you purchased with your ASSOCIATES credit card and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount doe on the goods or services. There are two limitations to this right: (a) you must have made the purchase in your home amts or, if not within yoru (tome state, within 100 miles ufyour current moiling address; and (b} the pruehase price must have been more than 550. These limitations do not apply if either we or ASSOCIATES own or opumz Ihz merchnnt, or if we or ASSOCIATES mailed yet the advertisement for thz property or services. {4 ` n _.. r ~ , c^ ~ o r ~ ~, ~~~~~ ~ ~ ~ ~, ~ ,~ N ~ ~; ..~ i\5 -, `~ Y i:r SHERIFF`S RETURN - REGULAR CASE NO: 2001-05711 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT VS BAZDAR ROBERT CPL TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BAZDAR ROBERT the DEFENDANT at 2107:00 HOURS, on the 4th day of October 2001 at 3 NITTANY DRIVE MECHANICSBURG, PA 17055-5592 by handing to ROBERT BAZDAR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriffs Costs: Docketing 18.00 Service 6.50 Affidavit .00 Surcharge 10.00 .00 34.50 So Answers: ~~4 R. Thomas Kline 10/05/2001 PARK LAW ° ,,,,,.,._. m,.,. Sworn and Subscribed to before By: me this 1~ ~" day of ~~c.4-k, ~~~~I A.D. f 1" pQ ~ ~ ~ t ~ Prothonotary ,- ~ . 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 2 HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 3 NITTANY DR MECHANICSBURG, PA 17055-5592 4168100013605041 COUNTY COIIRT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS ROBERT BAZDAR Defendant TO THE PROTHONOTARY: NO.O1-5711 FOR JUDGMENT Please enter Judgment in favor of the Plaintiff the said Defendant for failure to plead or otherwise the Complaint and assess the damages as follows: AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL and against respond to $7,132.44 $1,z13.oo $370.50 ($o.oo) ($o.oo) $8,715.94 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. z 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 ". VALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW, /1'd~~ ~~ map/ Judgment is entered in favor of the Plaintiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. mT~_:, u PROTHONOTARY ~1 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. VALERIE ROSENBLUTH PARK I HERESY CERTIFY THAT THE ° ~ "` ATTORNEY I.D. # 72094 TRUE AND CORRECT ADDRESS IS: PARK LAW ASSOCIATES, P.C. PLAINTIFF: 4460 ROSEWOOD DRIVE 25 EAST STATE STREET, P.O. BOX 1779 PLEASANTON, CA 94588 DOYLESTOWN, PA 18901 DEF: 3 NITTANY DR (215) 348-5200 MECHANICSBURG, PA 17055-5592 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. VS ROBERTBAZDAR Plaintiff Defendant NO.O1-5711 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: ROBERT BAZDAR 3 NITTANY DR MECHANICSBURG, PA 17055-5592 DATE OF NOTICE: 10/25/01 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIIZED OF YOU IN THIS CASE. UNLESS-YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 FIlVD OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE , 4th FLOOR CARLISLE, PA 17013 (717) 240-6200 PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQ. cc: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT +' VALERIE ROSENBLUTH PARK I HEREBY CERTIFY THAT THE ATTORNEY I.D. # 72094 TRUE AND CORRECT ADDRESS IS: PARK LAW ASSOCIATES, P.C. PLAINTIFF: 4460 ROSEWOOD DRIVE 25 EAST STATE STREET PLEASANTON, CA 94588 DOYLESTOWN, PA 18901 DEF: 3 NITTANY DR (215) 348-5200 MECHANICSBURG, PA 17055-5592 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS ROBERT BAZDAR Defendant NO. 01-5711 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 ROBERT BAZDAR, Defendant is over 21 years of age; that his/her place of residence/business is located at 3 NITTANY DR MECHANICSBURG, BA 17055-5592 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 ailors Civil Relief-Act of Congress of 1940 and its amen s. PARK LAW AS.~9CIATES. C. BY• v Valerie Rosenbluth Park Attorney for Plaintiff E10 VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: C. PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 3 NITTANY DR MECHANICSBURG, PA 17055-5592 FIRST SELECT, INC. Plaintiff VS ROBERT BAZDAR Defendant COUIyTY COURT OF COMMON PLEAS '•. NO. 01-5711 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 [ ] Money Jw [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Praecipe by 3gm~ in in on on on on on on to Default ant Replevin Possession Award of Arbitration Verdict Court Findings District Justice Transcripts Judgment Note Writ of Revival Reassess Damages IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number: (215) 348-5200. PURSUANT TO THE REQUIRED THAT WE STATE TO COLLECT A DEBT. ANY PURPOSE. P THONOTAR FAIR DEBT COLLECTION RACTICES ACT, IT IS THE FOLLOWING TO YOU. THIS IS AN ATTEMPT INFORMATION OBTAINED WILL BE USED FOR THAT -„~~. ~ ~, 3 ~ ~; ~ ~ d c ~ , v G~ t~ ,, v; ~ w ~, ~: ~r ~'}_' ~' ~ ~,~ ~ ua =~ ~" i~ _. ... -, ~+a~fl~rc~.:a,r.rs~y, ~WRr.P+ ,r Ep ._~... _..._ ~ -n-^9t. mt-,-vii:2 i t ro-rs~ s,ae asaxal