HomeMy WebLinkAbout01-7108 FX
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VALERIE ROSENBLUTH PARK, ESQUIRE
Attorney I.D. #72094
PARK LAW ASSOCIATES, P.C.
25 East State Street
P.O. Box 1779
Doylestown, PA 18901
(215) 348-5200
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC.
Plaintiff
VS.
Defendant
No.OI-1/of
eo;l't~
LEONA MANNING
NOTICli:
>,
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.
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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#:4168100018854651
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC.
4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
PLAINTIFF
VS
LEONA MANNING
85 W MAIN ST
NEW KINGSTOWN, PA 17072-0000
DEFENDANT
NO. 01-7/01
CoiL y~
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, LEONA MANNING, is an individual who resides at
85 W MAIN ST NEW KINGSTOWN, PA 17072-0000,
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 4168100018854651.
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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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
$2,750.84 as of 11/16/2001, 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 $467.00.
WHEREFORE, Plaintiff demands that judgment be rendered in
favor of the Plaintiff, FIRST SELECT, INC. and against the
Defendant in the amount of $2,750.84, plus pre-judgment interest
at the contractual rate of 18.00% per annum from 11/16/2001 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $467.00, 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.
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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 $2,750.84, plus pre-judgment interest
at the contractual rate of 18.00% per annum from 11/16/2001 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $467.00, less payments made, plus costs and any
other such relief as this Court deems reasonable and just.
PARK LAW ASSOCIATES, P.C.
BY:
VALERIE ROSENBLUTH PARK, ESQUIRE
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED
THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT
A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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VERIFICATION
I,
SUSAN COWiERD
, 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 Jefferson County, in the State of Kentucky.
II 2-1 01
LW
Date
Designated Agent
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F1R5T SELECT
CORPORATION
5040 JOHNSON DRIVE
P,O. BOX 9104
PlEASANTON, CA 94566
888w964-4000
eXHIBIT
ACCOUNT AGREEl'YIENT
Your DCSCOVER account has. been trarW'erred to First Select Corporation. Your DISCOVER 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" A.c:count"). In this Agreement, "you" and "your"
mean each pen:on who j~ liable for payment on the Account. "We. It "cur," "our:s," 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 DISCOVER. lftha Account was opened as a. joint account, we may act on
the instructions of any joint accountholder.
Payments I Finance: Charge:s. As long as you have a balance outstanding on.your Account, fmance charges arc calculated as.foUows:
To figure the fInance charges for each billing cycle. we multiply the average daily ball1I1ce on your Ac<:ount by a daily periodic rate. The daily periodic rute We
apply is your Account's ..c\nnual Percentage Rate divided by 365. The Annual Percentage Rate will be ca.l.culated as disclosed in your most recent DISCOVER
"",,aunt torm:J (the "Original To:zms"~ !fyour Original Tenns provid<:d For dilf...ent Annual Percentage Rates to be applied 10 diff_, compo..... oFyour
outstanding balance, we will apply the lowest !Neb 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 restrictiQOS, without losing our right [0 coUect aU amounts owing
under this Agreement - .
Fees. We will charge your Account a fee for each billing eyere within which your A.ct:ount is delinquent (lau charge). The amount of the late chuge will be iI.S
disclosed in your Original Tenns 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 T cans, or the maximum returned che<::k. charge pennitted by the law of your state of residence, whichever is lower. .
To thIS extent provided in your Original Terms, and to the extent permined by applicable law, in addition to your obligation to pay the outstanding balance on your
Account, pLua interest and fees as disclosed herein, We may also charge you for any coUeaion costs we inwr. including but not limited to reasonable attorneys'
. fees and court costs. lfyour Original Tenns provided for an award of attorneys' fees and court costs, such provision lIS incorpor31ed herein shall apply
reciprtlcaUy to the prevailing I'arty in an)' lawsuitatising out of this Agreement.
NonwWaiver of Certain Rights. We may delay or wa.ive enforcement of any provision of this Agreemt:nt without losing our right to enforce it or any other
provision later. . ,_
Applicable Lawj Severability; AsSignment No matter where you live, this ~t and your Accouat are governed by federal law and by the law of the state
designated as the appU~le law.in yoyr Original Terms. Ifyour.Ori~ ,erms did not contain an applicable law provision, then this Agreement and your
Account an: governed by federal lawand tM law 'otyour state.oCresidenCe. This Agreement is a fmal expression of the agreeJ;X1cot between you and us and may
not be contradicted by evidence of any: alleged oraJ. ~ement. thny provision of this Agreement is held to be invalid or unenfor~eable, you and we wilt consider
that provision modified to confonn to appli~e la'f' and the restofthe provisions in the Agreement will still be enforceable. We may transfer Of assign our right
to all or some of your payments. If stl1e law requires that you rec,eive notice'of such an event to protea the purchaser or assignee, we may give you such nQtice
by filing a fiOancing sta.tement with the sta~~3 S~ oeState.
Credit Reporting. lfyou fail to fulfill the terms olyour credit 'obligation, a'negative credit repon reflecting on your credit record may be submitted to a credit
reporting agency. In order to dispute any infonnatioo we are repOrting about your Account, you must write to us at the following address: First Select . .
Corporation, P.O. Box 9104, Pleasanton..Califomia, 94566.
YOUR BILLING RIGHTS. KEEP THIS NOTICE FOR FUTURE USE
This notice contains important infonnation 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. yourbiU is wrong, or if you needmore info'quation about an entry on your bill. write us, on a separate sheet, at the following address: Fits!: 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 cb.ys after we sent you the flCSt bill
on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights.
In you;, letter, givtl: us the folloWing:
~ Your nlUtle and Account number.
~ The dollar amount of the suspccte<l erTQr.
. Describe the error and explain, if you can, why you believe there is an error. If you need more infonnauon,. describe the item you are not sure about
Your Rights and Our ResponsibWties After We Receive Your Written Notice
w~ must 3.~owledge your letter within ~O days, unless we have cOO'ected the error by then. Within 90 da)'S, we must either correct the error or explain why we
believe the bill WU cOll'Cd:. After we recewe your letter. we cannal tty to col.\ecl or report you as delinquC12t as to aTlY amount you question. illCluding fmane::
charges. We can apply any unpaid amount agaimt your credit line. You do not have to pay any questioned amount while: we are investigating. but you arE': still
obligated to pay the plU1S of the bill that are not in question.
lfwe fmd that we made a. mistake on your bill. you will not have to pa.y any fritance charge related to any questioned amount Ifwe did not make a. mistake, you
may have to pay fmance charges, and you will have to make up the missed payments on the quC$tioned amount. In either case, we will send you II. statement of
the il1l10unt you owe and the dat.e that it is .du~ Jiyou fail ~o pay the amo~ we tbink you owe, we may rep<ltt you as delinquent HOwever, if our explanation
does not satiSfy you and you wnte to us Within 10 days telling us that you stili refuse to pay, we must tell anyone we report you to that you question your bill.
And we must teU you the ni1l11eofanyone we reported you to. We musttefI 3.nyone we report you to that the matter has been settled between us when it tinalty is,
If we do nol follow these rules, we cannot collect the first S50 of the queslioned amount even if your bill was corre~
Special Rule for Credit Card Purchases
!fyou have a problem with the quality of goods and services that you purchased with your DISCOVER credit card and you have tried in 200d faith to correct the
problem with the mcrch~t, you ma.y not have ~ pay ~e ~aining :unount du~ o!l the goo~ or services. Th~e 3!~ two limitations lo thi; right (a..) you must
h.1~e I1UIde the purchase In your h,:m~ S[~ce: or, ff noC Wlttll~ y,?ur home state, WIthin lOa mlles of your current madlOg ~ddress~ and (b) th~ purchase price must
ha...e been more than S:50. These tmuta.uons do not apply If elth~r wt' or DISCOVER own or operate the m~rcha.nl. or If we or DISCOVER mailed you the
advertisement for the property or services.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-07108 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST SELECT INC
VS
MANNING LEONA
DOUGLAS DONS EN
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
was served upon
says, the within COMPLAINT & NOTICE
MANNING LEONA
the
DEFENDANT
, at 1434:00 HOURS, on the 26th day of December, 2001
at 85 W MAIN ST
NEW KINGSTOWN, PA 17072
LEONA MANNING
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
18.00
3.90
.00
10.00
.00
31. 90
Sworn and Subscribed to before
me this gCb- day of
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rothonotary ,'-,-~
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So Answers:
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R. Thomas Kline
12/26/2001
PARK LAW ASSOC
By: C;-lt Q~
, Deputy Sheriff
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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: 85 W MAIN ST
NEW KINGSTOWN, PA 17072-0000
4168100018854651
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC.
Plaintiff
VS
LEONA MANNING
Defendant i NO.01-7108 CIVIL TERM
PRAEClPiE FOR JUDGMENT
I
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:
AMOUNT OF. CLAIM
ATTORNEY FEES
PLUS ACCRUED INTEREST
LESS PRINCIPAL PAID
LESS OTHER PAYMENTS
$2,750.84
$467.00
$99.03
($0.00)
($0.00)
TOTAL
$3,316.87
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 ma d Exhibit "A".
VALERIE RO UTH PARK,ESQUIRE
Attorney for the Plaintiff
AND NOW, ~bl2.u::J~ Af, .:;).r-YJ2. , Judgment is entered
in favor of the plainti f and against 'the Defendant by Default
for want of an Answer and damages assessed in the sum set forth
in the above certification.
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P OTHONOTARY ~
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. /
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VALERIE ROSENBLUTH PARK
ATTORNEY !.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
I HEREBY CERTIFY THAT TIIE
TRUE AND CORRECT ADDRESS IS:
PLAINTIFF: 4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
DEF: 85 W MAIN ST
NEW KINGSTOWN, P A 17072-0000
FTIRSTSELECT,~C.
VS
LEONA MANNING
Plaintiff
Defendant
NO. 01-7108 CIVIL TERM
NOTICE OF PRAEC&E FOR
ENTRY OF DEFAULT JUDGMENT
TO: LEONA MANNING
85 W MAIN ST
NEW KINGSTOWN, P A 17072-0000
DATE OF NOTICE: 1/16/02
IMPORTANT NOTICE
YOU ARE ~ DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUlRED OF YOU ~ TIllS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM
TIIE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITIIOUT A HEARING AND YOU MAY WSE YOUR PROPERTY OR 011IER
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
TIIE FOLWWING OFFICE TO FIND 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 ROS'miffiLUTH PARK, ESQ.
cc:
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT t1r
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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: 85 W MAIN ST
NEW KINGSTOWN, PA 17072-0000
CUMBERLAND COUNTY COURT.OF COMMON PLEAS
FIRST SELECT, INC.
Plaintiff
VS
i~
VERIFICATION OF NON-MILITARY SERVICE
01-7108 CIVIL TERM
LEONA MANNING
Defendant
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 LEONA
MMmING, Defendant is over 21 years of age; that hiS/her place of
residence/business is located at 85 W MAIN ST NEW KINGSTOWN, PA
17072-0000 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 its amendments.
PARK LAW A CIATES, P.C.
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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: 85 W MAIN ST
NEW KINGSTOWN, PA 17072-0000
CUMBERLAND
COURT OF COMMON PLEAS
FIRST SELECT, INC.
Plaintiff
VS
NO. 01-7108 CIVIL TERM
LEONA MANNING
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.
PURSUANT TO THE
REQUIRED THAT WE STATE
TO COLLECT A DEBT. ANY
PURPOSE.
PR~O:':!~:K.~ )
FAIR DEBT COLLECT~RA~ES ACT, IT IS
THE FOLLOWING TO YOU. THIS IS AN ATTEMPT
INFORMATION OBTAINED WILL BE USED FOR THAT
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