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HomeMy WebLinkAbout99-05312 a 2 0 :" L? h Ji 1 ci n'1 ¦ _, t 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: 183 FAITH CIRCLE CARLISLE, PA 17013-8827 CUMBERLAND COUNTY COURT OF COMMON PLEAS First Select Corporation Plaintiff VS VICKI S. DIANA Defendant I NO. 99-5312 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 TOTAL $4,130.90 $826.00 $209.58 ($0.00) ($0.00) $5,166.48 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. .tt 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". VALE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW, ur&(/L lI Judgment is entered in favor of the Plaintif a d against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification.., 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 ROSENBLUTH PARK, ESQUIRE Attorney Z.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215 348-5200 ATTORNEY FOR PLAINTIFF FIRST SELECT CORPORATION Plaintiff VS. VICKI S. DIANA : CUMBERLAND COUNTY : COURT OF COMMON PLEAS Defendant : NO. 99-5312 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: VICKI S. DIANA 183 Faith Circle Carlisle, PA 17013-8827 DATE OF NOTICE: 10/1/99 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 ASS CIATES, P.C. BY: ZL? VAL IE ROSENBLUTH PARK, ESQUIRE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT 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: 183 FAITH CIRCLE CARLISLE, PA 17013-8827 CUMBERLAND COUNTY COURT OF COMMON PLEAS First Select Corporation Plaintiff VS VICKI S. DIANA Defendant I NO. 99-5312 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 VICKI S. DIANA, Defendant is over 21 years of age; that his/her place of residence/business is located at 183 FAITH CIRCLE CARLISLE, PA 17013-8827 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, OCIATES, P BY: Valer' Rosenbluth Par Atto ey 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: 183 FAITH CIRCLE CARLISLE, PA 17013-8827 CUMBERLAND COUNTY COURT OF COMMON PLEAS First Select Corporation Plaintiff VS VICKI S. DIANA Defendant ( NO. 99-5312 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. P HONOTARY: PURSUANT TO THE FAIR DEBT COLLECTION PRAC ES RCT, 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. ki-N a a U w N r C ? U el f? 0 V p (n J(1 U 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 VS VICKI S. DIANA Defendant N 0 T I C E CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. ?q _ S3 l 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 VICKI S. DIANA 183 FAITH CIRCLE CARLISLE, PA 17013-8827 Defendant . NO. gq- ,S31L G-i 7 "- 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 VICKI S. DIANA, an individual who resides at 183 FAITH CIRCLE, CARLISLE, PA 17013-8827. 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 4168100002232955. 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 $4,130.90 as of 05-21-99, plus pre-judgment contractual interest at the rate of 12.86% 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 $826.00. 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 $4,130.90, plus pre-judgment interest at the contractual rate of 12.86% per annum from 05-21-99 until the date of the judgment herein, less payments made in the amount of $.00, plus reasonable attorney's fees in the amount of $826.00, 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. STATE OF CALIFORNIA COUNTY OF ALAMEDA SUSAN M. WRIGHT states that she/he is the Designated Agent of First Select Corporation and is authorized to take this affidavit on its behalf and that the facts set forth in the foregoing complaint are true and correct to the best of her/his information, knowledge and belief; that there is now due and owing from VICKI S. DIANA the sum of $4,130.90 plus interest and attorney fees; and that there are no deductions or offsets of any kind, except as are therein specified and credited in the complaint. She/He 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. 4168100002232955 ._ - ? ,,, ? ?,?-. ,. ;, ,,, ? ' ` ? , __ - , ? 4. _ HST SELECT ACCOUNT AGREEMENT Your FLEET BANK account has been transferred to First Select Corporation. }'our FLEET B.Un.mcaum was clmal at the come of this trenster, and will therefore conmmu to be dosed. T his Account Agreement contams the terms that govem tour First Select acccunl khe "Account-) . In this Agreement, 'you and "your- mean each person who ts liable for payment on the Account. "tl'e,- 'Our." Account has been lru "ours.' and 'us' mean First Select Corporation or its us,pots. 9eeauac your troma o to us you ate now obligated to repay the Account to us instead of FLEET B? \'?. If the Account was opened as n joint account. we may act on the instructions of any oint accountholder. j Payments I Finance Charges. As long as you have a balance outstanding on :;,or :1:count, tinan.e charges a:: calculated as tollows. To figure the finance charges for each billing cycle. we mulssPly' the average dad, balance on your Account by a daily periodic rue. The daily' periodic rate we apply is your Account's : Wsual Percentage Rate divided by 363. The Annual Percentage Rate wall be calculated as dnclused in your most recent FLEET BANK account terms (the "Original Terms"). If your Onginal Terms provided for different Annual Percentage Rates to be applied to ditferenl components ot'vour outstanding balance, we will apply the lowest such .Armual 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. 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 be a disclosed in your Onli l Temu or the maximum late charge pertained by she law of your state ofresidenet. 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 Terns, or the maximum returned check charge pertained by the law of your state of raidenee. whichever is lower. To the extent provided in your Original Temu, and to the extent pertained by applicable law, in addition to your obligation to pay the outstanding balance on your Account, plus interest and fees oa disclosed herein, we may also charge you For any collection costs we incur. including but not limited to reasonable anomeys" fees and court costs. If your Original Terms; provided for an award of anome)s fees and court costs, such pr„vision as incorporated herein shall apply re.:iprocally to the prevailing puny in any lawsuit arising out of this Agreement. Son-Waiver of Cersain 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; SevembWty; AssignmenL No manor where you live, this Agreement and your A<cnunt us govemed by federal law 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 govemed by federal law and the law of your state ofresidence. 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 Agreement is held to be invalid or unenforceable, yuu 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 transferor assign our right to all or some of your payments. ff state 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 tinanesng statement with the state's Secretary of State. Credit Repnming. If you fail to fulfill the terms of your credit obligation, a negative credit report reelecting on tour credit record may be submined 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: First Select Corporation. P.O. Box 9104, Pleasanton, California. 94566. 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 Lrs In Case of Erron or Questions About Your BW 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. Wn c 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 loner, give us the following: • Your name and Account number. • The dollar amount of the suspected error. • Describe the error and explain, if you can, by you believe there is an ertor. If you need more infamxnen describe the item you are not sure about. Your Rights and Our Responsibilities After Nye Receive Your Wrinen Nonce We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we most either correct the error or explain why we believe the bill was correaL .After we receive your letter, we cannot trv to collect or report you a 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 we are investigming, but you are still obligated to pay the parts of the bill that are not in question. If we fend that we made a mistake on your bill, you will not have to pay any finance 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 make up the missed payments on the questioned amount In either rase, we will stnd you a statement of the amount you owe and the date that it is due. If you fail to pay the amount we think you owe, we may report you as delinquent However. if uur explanation does not satisfy you and you wrue to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you question your bill. And we must tell ,You the name of anyone we reported you to. We must tell anyone we report ••ou to that the mnacr has been sealed between its when it finally is, if we do not follow. these rules, we cannot collect the fast S30 of the questioned amount even if your bill was eorect. Special Rule for Credit Card Purchases If you have a problem with the quality otgoods and smites that You purchased with •. our FLEET B i?,K aeda card ind you haw a tried m good faith to correct the problem with the merchant, you may not have to pay the remaining amount dam on the goous jr sir% ices There are two limitations to that right. (4) you must have made the purchase in Your home state or. If nut wnhm your home state, wnhm 100 miles ot•.our :uemt mailing address, and (b) die purchase price must have been more Chun 530. These limaauons do not apply father wear FLEET B:UI; own ar opera.- :'fe merchant ar due or FLEET BaNNK maded you the advertisement to, the property or son rocs :sxi 1:4 r- w c i t o o . cr? tz- ri ..1:1 ? N M CSIO c-- .n SHERIFF'S RETURN - REGULAR CASE NO: 1999-05312 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS. DIANA VICKI S CHRISTOPHER EVANS Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon DIANA VICKI S the defendant, at 14:13 HOURS, on the 9th day of September 1999 at 183 FAITH CIRCLE CARLISLE, PA 17013 CUMBERLAND County, Pennsylvania, by handing to VICKI S. DIANA a true and attested copy of the COMPLAINT together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answer Docketing 18.00 Service 3.10 ??? Z Affidavit .00 Surcharge 8.00 omas ine, eri $2.v.=uPARK LAW jASSO IATES by ci epu y eri Sworn and subscribedto before me this ?d day of 19(/ 191 A. D. ?.?yt? 1.1. / Yet-e[h, A D.rr' -???Fro nom nccar?T i?