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Home My WebLink About99-05124 M- I _It 3 a ca Z 0. VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street (215) 348-5200 Doylestown, PA 18901 ATTORNEY FOR PLAINTIFF FIRST SELECT CORPORATION Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS VS DEBORAH K TURNER Defendant NO. %N S?o? 7 ?Ni? N O T I C E 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 VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF FIRST SELECT CORPORATION 5040 Johnson Drive Pleasanton, CA 94566 Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS VS DEBORAH K TURNER 1834 SPRING ROAD-B CARLISLE, PA 17013-1172 Defendant : NO. 99- S1.2 Y e,.? -rz. C I V I L A C T I O N COUNT I 1. FIRST SELECT CORPORATION, a California corporation, domiciled at 5040 Johnson Drive, Pleasanton, California 94566, and existing under the laws of the United States of America, is the owner of a credit account opened at the request of the Defendant. 2. The Defendant is DEBORAH K TURNER, an individual who resides at 1834 SPRING ROAD-B, CARLISLE, PA 17013-1172. 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 owned by the Plaintiff bearing account number 4168100001655602. 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 $8,974.44 as of 07-22-99, plus pre-judgment contractual interest at the rate of 12.90% per annum, less payments made to date in the amount of $.00. 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 $1,794.00. 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. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, First Select Corporation, and against the Defendant in the amount of $8,974.44, plus pre-judgment interest at the contractual rate of 12.90% per annum from 07-22-99 until the date of the judgment herein, less payments made in the amount of $.00, plus reasonable attorney's fees in the amount of $1,794.00, 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. COMMONWEALTH OF PENNSYLVANIA: COUNTY OF 5LLCKS Valerie Rosenbluth Park, Esquire, being duly sworn according to law, deposes and says that she is the attorney at law for the Plaintiff, FIRST SELECT CORPORATION; ( ) That the party lacks sufficient knowledge or information to take a verification; ( X ) Outside the jurisdiction of the Court and that the parties' verification cannot be obtained within the time allowed for filing of the foregoing; That I am authorized to take this verification; that the facts contained in the foregoing matter are true and correct to my information and belief; and That the source of my information or facts of documents are provided by my client. That false statements made herein are subject to the penalties of 18 PA.C.S. Section 4904, relating to unsworn falsification to authorities. VALERIE ROSENBLUTH PARK, ESQUIRE FIRST SELECT EXHIBIT C U It 1' (1 It ,, t I U ry ACC'OUiNTAGREE`IENT Your FI.EE'r ifTANK account has been transferred to First Select Corporation. Y'nur FLEF:'C B.\Nh a.coum was closed tut the tune ul ilia transfeq mA udl therefore continue to be closed. This :Account :Agreement contains the terms that govern tour First Select account (the \,count') In this dWecmenl. "you- and "your" mean each person who is liable for payment on the Account. "\Ce." "our.. "ours " And 'us' mean First Select Corporation or is assr5mces Because vour :Account has been Imnsferred to us, you are nuts obligated to repay the \ccoml to us instead of I'l ET EIAN,I'. If the Aamunt was opened as s quint account. we may Act on tilt instructions of any )aim uveountitolder Payments / Finance Charges. As long as you have a balance outstanding on your :Account, finance charge% are calculated As follows To figure the finance charges for each billing cycle. we multiply the awerage da0y balance on wur .-\cwunt bt a daih periodic rate. The dash periodic rate we apply is your Account's Annual Percentage Rate divided by 365. The Annual Percentage Rule will be calculated., inclosed in tour most recent FLEET Il account terms (the "Original'remne). If your Original Tertlu provided for dillorem :Annual Percentage Rates to he applied to ddfemnl components ol'vour outstanding balance, we will apply the lowest such :Annual Percentage Rate to sour entire outstanding balance. We mots, accept late or partial payments. or payments marked "paid in full" or marked with other rcNictrom. without losing our right to collect all amounts owing under this Agreement. Fees. We will charge your Account a fee for each billing cycle within which your :Account is delinquent (late charge) The amount of the late charge will he as disclosed in your Original Terms or the maximum late charge permitted by the law ofvour state of residence, whichever is lower We will charge your Account a fee for each returned payment check (resumed check charge). The amount of the returned check charge will be as disclosed in your Original Terms, or the maximum returned check charge pertained by the law of your slate of residence. whichever is loser. To the extent provided in your Original Terms, and to the extent permitted by applicable lase. in addition to your obligation to pay the Outstanding balance on %our 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 attorneys'* fees and court costs. If your Original Terms provided for an award ofannmess' Res and court costs, such provision as incorporated herein shall apply reciprocally to the prevailing party in any lawsuit arising out of this Agreement. Nun-W'ulver tar 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; SevenbBity; Alaignment. No matter where you live. this Agreement and your :Account are governed by federal law and by the law of the stale designated n 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 Afore alleged oral agreement. If ally provision of this Agreerent is held to be invalid or unem'nrcmblo, 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 may transfer or assign our right to all or sonic ufyour payments. If stale law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by tiling a financing statement with the states Secretary of State. Credit Reporting If you fail to fulfill the term of your credit obligation, a negative credit report reflecting on your credit record may be submitted to a credit reporting agent,. In order to dispute any information we are reporting about your Account, You must write to us at the following address: First Select Corporation. P.b. Box 9104, Pleasanton, California, 94566. YOUR BILLING RIGHTS - KEEP TII IS NOTICE FOR FUTURE. USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Erroll or Questions About Your Bill if you think your bill is wrong or if you need more information about an 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 first bill on which the error or problem appeared. You can telephone 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, if you can, why you believe there is an error. If you need more information. describe the item you are not sure about. Your Rights and Our Responsibilities ARer We Receive Your Written Notice We must acknowledgc your liner within 30 days, unless we have corrected the error by then. Within 90 days. Ile must either correct the ever or explain why we believe the bill was correct. rVler wt receive your lever. we cannot try to collect or report you As delinquent As to any amount you question, including finance charges. We can apply Any unpaid amount against your credit line. You do not have to pay any questioned amount while wt arc mves'igating, but you are still obligated to pay the parts of the hill that are not in question. If w'e find that we made a mistake on your bill. you will not have to pay any linance charge related to any questioned amount. If we did not make a mistake, you may have to pay finance charges, and you will have to makeup the missed payments on the questioned amount. In either case. we will send sou a statement of the amount you awe and the dale that it is due. If you fail to pay the amount we think you else, we may re-port you as delinquent How',:ver. if uur explanation does not satisfy you and visit write to us within 10 days telling us that you still refuse to pay. we must tell anymte we report yon to that You question your bill. And we must tell you the name of anyone we reposed ,you to. We must tell am'one we report you to that the matter has been sailed between us when it finally is. If we do not follow these rules, we cannot collect the first S50 ofthe questioned amount even if your bill was correct. Special Rule for Credit Card Purchases If you have a problem with the gnAhty Of gOOdS and ion ices that you purchased lath your FLEET B:U K iedit card And suit ha%c tried in good faith to correct the problem with the merchant, you may not have to pay the mmaoung amuunt due on the goods or services There are too lool(Ahons to this right. (a) veu must have made the purchase in your home slate or, if not within your home state. ,,thin 100 milts tut your current marling. Address'. And (li) the purchase price must have been more than S50. 'nccse limitations do not apply,feidwr Ile or FLEF. f BANK ewers or operate the merchant. err dwc or FLF:I.T BANK mailed you the advertisement Car the property or stn ices 1590 U 4 C? r n , l a: C ) N G. !.;i L7 l:it j cn m U ,:hxl -7 7 v-Af ?h Jam' v ? W SHERIFF'S RETURN - REGULAR CASE NO: 1999-05124 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS. TURNER DEBORAH K DAWN L. KELL , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT AND NOTICE was served upon TURNER DEBORAH K the defendant, at 1432:00 HOURS, on the 8th day of September 1999 at 1834 SPRING ROAD - B CARLISLE, PA 17013-1172 CUMBERLAND County, Pennsylvania, by handing to MARSHA TURNER, MOTHER-IN-LAW AND PERSON IN CHARGE a true and attested copy of the COMPLAINT AND NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answer Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 8.00 omas tne, eri $29Z0- I ASSOCIATES 9/ 11 999 09N by I^ epu y S i Sworn and subscribed o before me this 9 tL day of 1996 A.D. ?,ka.2t 4. /FUll?w ro ono zy 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: 5040 JOHNSON DRIVE PLEASANTON, CA 94566 DEF: 1834 SPRING ROAD-B CARLISLE, PA 17013-1172 CUMBERLAND COUNTY COURT OF COMMON PLEAS First Select Corporation Plaintiff VS DEBORAH K TURNER Defendant NO. 99-5124 PRAECIPE FOR JUDGMENT 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 $8,974.44 $1,794.00 $304.49 ($0.00) ($360.00) TOTAL $10,712.93 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 marked Exhibit "A°. VALERIE ROSENBLUTH .PARK, ESQUIRE Attorney for the Plaintiff AND NOW, ?Ij &11-- F ., C , Judgment is entered in favor of the Plaintiff nd against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the abo a certificat' n. I , PROTHONOTARY/ 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 ROSENSLUTH 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 CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff VS. DEBORAH K. TURNER Defendant NO. 99 5124 CIVIL NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT EXHI TO: DEBORAH K. TURNER' 1834 SPRING RD. #-B CARLISLE, PA 17013-1172 DATE OF NOTICE: 10-13-99 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED 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 FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 PARK LAW ASSOCIATES, P.C. BY: VALE E R LUTH PARK, ESQUIRE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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: 5040 JOHNSON DRIVE PLEASANTON, CA 94566 DEF: 1834 SPRING ROAD-B CARLISLE, PA 17013-1172 CUMBERLAND COUNTY COURT OF COMMON PLEAS First Select Corporation Plaintiff VS DEBORAH K TURNER Defendant NO. 99-5124 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 DEBORAH K TURNER, Defendant is over 21 years of age; that his/her place of residence/business is located at 1834 SPRING ROAD-B CARLISLE, PA 17013-1172 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 7SSOCIATES, P.C. BY: Valer Rosen uth Park Attorney for Plaintiff E10 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: 5040 JOHNSON DRIVE PLEASANTON, CA 94566 DEF: 1834 SPRING ROAD-B CARLISLE, PA 17013-1172 CUMBERLAND COUNTY COURT OF COMMON PLEAS First Select Corporation Plaintiff VS DEBORAH K TURNER Defendant NO. 99-5124 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 Ju [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment ] Judgment ] Judgment ] Judgment ] Judgment ] Praecipe by Default 3gment in Replevin in Possession on Award of Arbitration on Verdict on Court Findings on District Justice Transcripts on Judgment Note on Writ of Revival 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. PRO THONOTARY I J PURSUANT TO THE FAIR D EBT COLLECTION PRAC ES T 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. rr> 7 '. i W ,_ r„ i l