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Home My WebLink About01-7136 FX , <- L" "~ . -,'~ ,~ '-~~ 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#:4168100017207315 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS MANUELA C BURKEY 17 ROBIN CT MECHANICSJ3URG, PA 17055-4371 DEFENDANT NO. 01 - 7/J/.,. Q,ot 'T~ CIVIL ACTION 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, MANUELA C BURKEY, is an individual who resides at 17 ROBIN CT MECHANICSBURG, PA 17055-4371, . 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 4168100017207315. THIS IS AN ATTEMPT TO COLLECT A.DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. .. , " ~~. . ,~' >1> '" >~" ., -. lJi '-jj.lt,miIlE};": ; 4. The terms of said account are stated in the documentation attached hereto as Exhibit UA". 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 $3,944.26 as of 12/05/2001, plus pre-judgment contractual interest at the rate of 7.40% 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 $670.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $3,944.26, plus pre-judgment interest at the contractual rate of 7.40% per annum from 12/05/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $670.00, 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. ""'" , ,. ~ ., ~ "Ii, it'; 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 $3,944.26, plus pre-judgment interest at the contractual rate of 7.40% per annum from 12/05/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $670.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. ~ ~/ BY / . ---- . RIE RO UTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACr, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT P~POSE. ~:i M~'_~~' ~._ ~".~ ~" "~ '"< " , "; -~ ,. -JlI-"~]{ . . I, VERIFICATION SUSAN CO\NHERD , declare that: I am a Designated Agent of FIRST SELECT, INC., the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. in the State of Kentucky. Executed at Jefferson ~WOI w Date Designated Agent -"" '=' ,.-, .,..- n&:~b" . EXHIBIT If 1J F1RST SELECT CORPORATION ACCOUNT AGREEMENT y OUT WE~ FARGO a.ccount ~ been transferred to FJtSt Se~ect Corporation. Your WELLS FA.RGO account was closed at the time oIthis transf~, and will ~cref~re commue to be cl~ "Iflla Account Agreement contams' the terms that govern your Fun SeJect account (the "Account'). In this Agreement, "you" and yoUT' mean eacb person who IS l1able for payment ?n the Account. "We," "our." "ou~," and "us" mean FU'St Select Corporation ot'itsa.s$igoees. Bet:a.useyour Account has been transftrred to us. you are now obhga.ted to repay the Account to us II1stea.d of WELLS F.'\R.OQ, If the Account was opened as a. joint aa:ount, we may act. on the instructions of any joint accountholder. Payments I Fmance Charges. As long as you have a balance outstanding on your Account. finance charges are calculated as foHows: To fi~re the finance charges for eac:::h billing cycle. we multiply the average daily balance on your Aecount by a. daily periodic rate. The daily periodic rote we apply IS your Account's Annual Percentage Rate divided by 365. The Armual Percentage Rate will be calcul:ned as disclosed in your most recent WELLS FARGO account terms (the "Original Terms"). 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 ac~t late or pa.'1ial payments,. or payments marked "paid in fun" or marked with other restrictions, without lasing our right to CoHea aU amounts owing under this Agr=nont. . Fees. We will charge your Account a fee: for each biHing cycIe within which your Account is delinquent (tate charge). The amount of the late charO'e will be as disclosed in your Original Tenus 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 me rett.uned check charge will be as disclosed in YOW' Original Terms, or the maximum rewrned ch~k charge pennitted by the law of your state of residence; whichever is lower. . To the extent provided in your Original Terms, and t;)the extent permitted by applicable law, in addition to your obligation to pay the outstanding balance on your Accollnt,.l'ius mterest and fees as disclosed herein, we may also charge you for any collection costs we incur, including but not limited to- reasQaabJe attorneys' fees and court 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 out oftbis Agreement. Non-Waiver of Certain Rights. We may delay or waive enfol'Cement of any provision of this Agreement without losing our right to emorce it or any other provision later. Applicable Law; Sevenhillty; As3ignment.. No matter where you live, this, Agreement. and your Account are governed by federa.llaw and by the law oftbc state de:si~ as the applicable law in your Original Terms. !fyoUX' Original terms did not contain an applicable la.w provisio~ then this Agreement and your AcCOtlIltare governed 'by federa.1law 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. Ifany provision oftbis Agreement is held to be inva.I.id or unenforc:able~ you and we will consider that provision modified to conform to applicable law, and the rest of the provisions in,the Agreement will still be enforceable. We maytransf~ or assign our right to all or some ofyourpayme:nts. lfstate law requires that you receive notice ofsuch ail event to protect the purc:haser or assignee.. we may give you such notice by filing a financing statement with the state's Secretary of State. Credit Reporting. lfyou fail to fulfill the terms of YaW' 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 following address; Fim Select Corporation, P.O. Box 9104, Pleasmrton, California, 94566. . YOUR BILLINC RICHTS - KEEP THIS NOTICE FOR FtJ"TURE USE This notice contains impo~t infonnation a.ixJut your rights and our responsibilities un~ the Fair Credit BiHing Act. NotifY U3 in Case oCErrol'3 or Questions About Your Bill If you think your bill is wrong. or uyou need more infonnat1on about.m entry on your bill. write us, on a separate sheet. at the following address: First Select . Corporation, P.O. Box 9104, Pleasanton, CA 94566. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the frrst bIll on which the error or problem appeared. You can telephone us. but domg so win not preserve your rights. In your letter, give \C3 the following: . Your name and Account number. . The dollar amount of the suspected error. . Describe.~e error and explain, if you can,. why you believe there is.m error. If you need more information. describe the item you are not sure about Your Rights and Our Responsibilitie3 After We Ref:eive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Wi~ 90 days.. we "must either correct th~ ert'C!r or e~lain why we believe the bi![ was correct. After we receive your {ett~. we ~o( try to collect or report you as del~uent as to any ~ount you. quest!o",. Includmg finance. charges. We can apply any unpaid amount against. your credit line. You do not have to pay any qUesUoned amount while we are mvesugating. but you are stll1 obligated co pay the parts of the biU that are not in question. lfwe find that we made a mistake on your bill, you will not bave to pay my finance charge relat~ to any questioned .amount Ifwe ~id not make: :l miSUlke, you may have to pay fmance charges, and you will have to make up the missed paymer:ts on the questioned amount In elther.case, we WIll send 1:ou a statemen~ of the amount you owe and the date that it is Que. If you rail to pay the amoun~ we think. you owe. We may report you as delinqu~t However, if o~r exp[ana~lOn does not satisfY you and you write to us within 10 days telling us that you mil refuse to pay, we must tell anyone we report YOll to chat 1.ou question your 0111. And we must tell you the name of anyone we reported vou to. We must teU anyone we rCj)ort you to that. the matter has been settled between us when it fmaUy is. Ifwe do not follow these rules, we cannot collect the fUst S50 of the questioned amount even ifYQur bill was correcL Special Rule for Credit Card Purch:lSe.t If you nave a problem with the quality of goods and services that you purchased with your WELLS FA~GO creditCZ'd andro~ h~ve tried i;t g.ood faith to corr<::Cl the problem with the merchant, you may not have to pay the remaining :lmount. d~~ on the ~oods or sel"V1C~. The..~ are two IUnttltlOns to thiS nght: (~) you must hnve made !h~ pun:-hase in your home state or, ifnot within your home state, Wtthtn 100 miles of your current mailing :J.ddr:ss~ :md(b) the purchase pnce. must h:1Ve b~~n more th~ S50. These limitations do not apply ife:itherwe or WELLS F.-\.RGO own or operate the merch:lJlt, or lfwe or WELLS F.<\RGO mulled you the :.ldvertisernent for the: prop~rty or services. J~!,*.,~~..~k~Id>"'-"f!i""".F!!'"'l:-'",.'-"'f"'"'-"";:;"'"'''';;,',h:V"";$..._"":b_":"','.c::_~0~"_'-"'_,_N,_ ,,- ',-'~ _'.'c,:;, '-;'_~"_"'".,,,,,,:,,,,,,' ;i;1k""""tiiW~i.kily!!l;,;alliJ'''I!jgm.&~i,_..,,,,,''''''~'''o.li..~:t<l/&Iif~'iI!)lii'td.'''''''''~''.ll.,M;t'..;!j~o;;;;;,;!@:-;fiill~II;II~~~~l'tl~" . llii'; ,. ~ (0 --Iq "g. .8 0 0 "( ~~~ -n B :s:.: Cl -ow r., 52rT; n ~ ::D F ~ ~ & 8 (3 ~.~ N "nil', ~ 0 :80 ~~ & ~ I ,<0 -0 , ~8 :x <"")c') -t. ~~ 2m ~ >c: ~ 0 W ~ N ;I5 <=> -< J IlKl#.,J.~.;.A.~L 1 ::IJ.t,.j~ljJ1J! !l!QI..L..l\t~,~j~lJil!jJ1L;.;U..,l!'ILij!!li.jUI..IL.'! I L - .., ~.,- ~"""._~-"'-""'.,',,-""^, 1> ~,....."'" - ..~~I SHERIFF'S RETURN - REGULAR CASE NO: 2001-07136 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS BURKEY MANUELA C DOUGLAS DONS EN .1 .... ~ ,'"' ':at"" ""-'-, iJl,","""~_""",,,,,~~,~, , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE BURKEY MANUELA C was served upon the DEFENDANT , at 1500:00 HOURS, on the 26th day of December, 2001 at 17 ROBIN CT MECHANI CSBURG , PA 17055 MANUELA C BURKEY 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 7.80 .00 10.00 .00 35.80 Sworn and Subscribed to before me this ll'~ day of C}A' unA} J..u.vJ....,. A.D. c\ I Q. 11,.,[< ' ~ ~honotary - , So Answers: r-~~~-e:~ R. Thomas Kline 12/27/2001 PARK LAW ASSOC. By: f'\ () '- cj L "-(.J-- D~puty Sheriff .~~ - ~~ ~ ~ ~~:d-"'--~"rl"''''Jl!jltlli:lill-it~~..w!f'' ., .. . . 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: 17 ROBIN CT MECHANICSBURG, PA 17055-4371 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS MANUELA C BURKEY Defendant NO. 01-7136 CIVIL TERM 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 "An. AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST AT 7.40% PER ANNUM FROM 12/05/2001 LESS PAYMENTS MADE $3,944.26 $670.00 $45.58 () TOTAL $4,659.84 PLUS ADDITIONAL COSTS PARK LAW .--,..' AND NOW, entered as J=;c~ above. VALERIE Attorney Ii..-( ROSENBLUTH PARK,ESQUIRE for the Plaintiff ;;)("Y>J...... R. is THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ,,-=""-~~"- ~"~ -, k;..~- - ,"'- _ L ....- W~ _-'.obJ""'2.'","",,~kL'C. " .._:. ... 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, INC. Plaintiff VS MANUELA C BURKEY Defendant NO. 01-7136 CIVIL TERM PRAECIPE FOR ENT~Y OF JUDGMENT BY AGREEMENT TO THE PROTHONOTARY: Please enter Judgment by Agreement this 711, day of jC d-/t1Qj'1( that Judgment 2001. It is hereby agreed between the parties be entered in this action in favor of Plaintiff, FIRST SELECT, INC., and against Defendant, MANUELA C BURKEY for the principal amount of $3,944.26 plus interest at 7.40% per annum from 12/05/2001, until judgment is entered plus attorney fees of $670.00, less payments O~PIUS court costs. PARK LAW ASSOCIATES, P.C. 0---/ BY: VALERIE ROSENBLUTH PARK, Attorney for Plaintiff rHo/DNg ~ MANUELA C URKEY ESQUIRE -"I .~ -,~,~ ..",~" lil!iJhIi!6l1~)~;'_-_ .. -..',."" VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I,D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA l890l (2l5) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS. MANUELA C BURKEY Defendant NO. Ol-7l36 CIVIL TERM 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. THIS IS AN ATTEMPT TO COLLECT A DEBT. 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