Loading...
HomeMy WebLinkAbout99-05753/ r.., 5 i(n a iir yt t 7 4 ?? Ar JJ 1P 4 I. 'hUO A 1 lVl ?' ? 4i ,S ?J p yt/ ;I yfl?. t Yfhn W JS r 1? tf at?41? v r J ^L f S } ij?l w i 1 1719 J s ti i AY ! f ? i j ? v ZiC f ? 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 FIRST SELECT CORPORATION COUNTY Plaintiff CUMBERLAND COURT OF COMMON PLEAS VS. ANN M. MOTTER Defendant NO.C?-.S 7S3 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 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, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CLIM LAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION 5040 JOHNSON DRIVE PLEASANTON, CA 94566 PLAINTIFF VS ANN M. MOTTER 211 FIRE HOUSE ROAD SHIPPENSBURG, PA 17257-9733 DEFENDANT NO. 9 9 - 7 653 l'"^A ?cc« - 1. FIRST SELECT CORPORATION, a national banking association domiciled at 5040 JOHNSON DRIVE, PLEASANTON, CA 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 ANN M. MOTTER, an individual who resides at 211 FIRE HOUSE ROAD, SHIPPENSBURG, PA 17257-9733. 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 4168100001958774. 4. 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. 5. The Defendant is indebted to the Plaintiff in the amount of $6,677.08 as of 08/11/1999, plus pre-judgment contractual interest at the rate of 19.1800003051758% per annum, less payments made. 6. 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 $1,335.00. COUITT II 7. Plaintiff hereby incorporates paragraphs 1 through 6 above as though set forth in full. 8. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 9. The Defendant accepted the benefits. 10. By virtue of the circumstances surrounding the request for funds made, the Cefendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. 11. 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 $6,677.08, plus pre-judgment interest at the contractual rate of 19.1800003051758% per annum from 08/11/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,335.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALVIELw18ENBLUTH 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 BUCKS Valerie Rosenbluth Park, Esquire, being duly sworn according to law, deposes and says that she is the attorney at law for Park Law Associates, P.C.; ( ) That the party lacks sufficient knowledge or information to take a verification; Outside the jurisdiction of the Court and that the parties verification can not 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. VALERIE R NSLUTH PARK, ESQUIRE i" ?err;a FIRST SELECT ?, I s %r ACCOUNT AC REEINTE\T „ Your FLEET BANK account has been tramfemed it, First Select Corporation. 5'aur FLEET BANK a .,on, ss duud at the time ufthis traml'er, and will therefore continue to be closed This.Account .Agmergent contaiw the terra that govern your First Selee: =uunt ftht "Account). In this Agreement. "vou' and your" mean each parson who is liable for payment on the account. "W'e,* 'Our." "ours: and "w" mean First Select Corporation or its assignors. Because your Asount has been tratnten•ed to w, you we now obligated to repay the:kaount to m imtead of FLEET B i Xa. if the Ac;ount was opined as .1 joint account wig may act on the imtmctiom of any joint xcounlholder. Pay mitnis 5 Finance Chutes. As lung u you have a balance outstanding on your Account. Cinema charges are calculated as Ibllows: To figure the finance charges I'ureach billing cycle, we multiply the avemge daily balance on your Amount by a daily periodic rate. The daily periodic rate we apply is vour Account's annual percentsge Rate divided by 365. Tltt Annu it Percentage Rate swill be ulculawd u cloclosed in Your mast recent FLEET BANK aeeoum terns (the "Original Terms'), (f your Original Tema provided for different Annual Percentage Rates to be applied to ditfermtcomponents ofyour outstanding balance, we will apply the lowcv such Annual Percentage Rate to your entire ouuanding balance, We may accept late or partial payments. or payetmu marked "paid in full' or marked with other restrictions. without losing our right to collect all amounts owing under this Agreement. Fen. We will charge your Account a fa for each billing cycle within which your Account is delinquent f law charge). The amount of the lead charge will bet a disclosed in your Original Tema or the maximum late charge pertninM by the law Caryour veto of residents. whichever is lower. Wit will charge your Account a fn far each resumed payment check(returned chick charge). The amount of the returned check charge will be a disclosed in your Original Terms, or the maximum mcumed check charge permitted by the law of your sate of residence. whichever is lower. To the extent provided in your Original Tenor. and to the extent permitted by applicable law, in addition Co your obligation to pay the outstanding balance on Your Accoun4.plw interest and fees adisclosed hereon, we may also charge you for any collection costs we incur. including but not limited to reasonable aaomeyi? It and court costs. if your Original Tema provided for an award of aitmeeyi Fees and court costs. such pmv'ision as incorporated herein shall apply reciprocally to the prevailing posy in any lawsuit arising out of this ,Agreement. Nun-Waiver of Certain Rights, We may delay or waive cnfomemmt of any provision of this Agntmenrwithout losing our right to enforce it ear any other provision later. Applicable Law; Severability; Assignment NO matter where you live, this Agreement and your Ac: tint us governed by federal law and by the law ofda stile designated as the applicabtelaw in your Original Ttmo. If your Original Correct did not contain an applceable law provision, then this,Agreement and your Account arc governed by federal law and the law of your suit of raidenee. This Agreement is a final axaression of the agreement between you and w and may not be contrudicted by evidence of any alleged unit agreement. If any provision of this Agreement is held to be invalid err unenforceable, yuu and we will co iI lim mvision modiNcd to contain to applicable law, and the cot of the provisions in the Agreement will vill be entomeable. We may transfer or cosign outright to :dl or write of your payments. Ifstate law requires dot you receive notice of such an event to protest the purchaser or assignee, we may give you such mstice by Citing u financing statement with the raters Secretary of Sow. Credit Reporting. if you fail to fulfill the terns of yourcredit obligation, a negatiye credit roper, reelecting mn your credit record may be submitted to a credit reporting dgmce . in order w dispute any information we are reporting about your Axoun4 you must wrier :a us at the fol!owing addnst: First Stl.•et Corporation. P.O. Box 9104, Plintcwoo4 California, 94366. YOUR BILLING RIGHTS • KEEP THIS NOTICE FOR FUTURE USE This notice contains importune infamution about your rights and our responsibilities under the Fair Credit 3illing Act Notify Us in Cue or Errors or Quadons About Your SW If you think your bill is wrong, or if you need more information about an entry on your bill. scow us, on a square sha4 at the following address: First Select Crirpuration, P.O. Box 9104, Plea anon, CA 94566. Write to us u soon u possible. We mitt hear from you no later than 60 days a@a we xnt you the lint bill on which the error or problem appeared You con telephone us, but doing so will not preserve your nghu. In your letter, give us the fallowing: • Your name and ,Account number. • The dollar amount of the suspected error. • Describe the error and explain, ifyou cm. why you believe there is an error. If you need more ittiomater- describe the item vou are nut sure about. Your Righu and Cyur ReipomibWties After We Receive Your Written Notice We must acknowledge your linter within 30 days, unless we have carmsed the error by then. Within 90 days. we mitt either curet the error or explain swhy we belieyt the bill was aomact. Atterwe receive your leneq awe cannot It, to collect or mpon you as d6nqucnt u to any amount you question, including finance charges. We can apply any unpaid amount agsirtst your credit line. You do not hale to pay am questioned amount while we are investigating, but you an 1611 obligated to pay the parts of the bill that are not in question. Uwe find that we made a mistake on your bill, you will not have to pay any finance charge related w any quenioud amount. If we did not make a muake, you may have to pay finance charges, and you will have to make up the missed payments on the questioned mm,.aunt. In either cue, awe will send vou a latementaf the amount vou owe and the date that n is duo (!,you fail to pay the amount we think you owe. w: ms: rspart you is delinquent However, ?if our explanation data not satisfy vou and you write tow within 10 days telling w that you still refuse to pay, awe must:.ll m}Otte eve rqun you to that you questinn your bill. And we must all you the name of anyane we reported ,vou to. We must tell anyone we report you to that a matter hu been sealed between as when it finally is: (five do not follow these Cults, awe cannot collect the floc S50 of the quetiuned amount even if :our all •.su morrect. Special Rule for Credit Card Purchases If you have a prohlcm -.with the quality of goods and storms that vou purchased with your FLEET E? ?::dil card.md You lace tried in good faith to coCreot the problem with Chia mcmhan4 you may not hale to pay the remaining amount due tin the joces or ur,.n. There me two limitations to this right: (a) you most have made the purehuse in your home time or. If not within your honle 1tuc, within 100 Armes of }our :urat mailing address; and (b) the purchase price must heive lmen more Chun S50. `that limiauum do not apply it odrcr we or FLEET B.t? 6 os•n a oprau'P:< myrrant or il'svc or FLEET BANK mudcd vou the 4dwrttsnment rut the propedy of um ices. a N fL Vf (1 t4 Jv, Q??j SHERIFF'S RETURN - REGULAR CASE NO: 1999-05753 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORPORATION COUNT VS. MOTTER ANN M BRIAN BARRICK Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon MOTTER ANN M the defendant, at 19:10 HOURS, on the 24th day of September 1999 at 211 FIRE HOUSE ROAD SHIPPENSBURG, PA 17257-9733 CUMBERLAND County, Pennsylvania, by handing to ANN M. MOTTER 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 answers: Docketing 18.00 Affidavit 8..68 Surcharge 8.00 R?^TfiblrSAd-Rll,rSYlez.Ii. '.68-09/ Ag 2 I7/ AW OFFICES 1999 by dw, Sworn and subscribed to before me this 2t day of (0eX,, 19_99 A. D. JY? VALERIE ROSENBLUTH PARK, ESQURIE 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. ANN M. MOTTER Defendant NO. 1999-05753 PRAECIPE TO ATTACH TO THE PROTHONOTARY: Kindly attach the enclosed verification to the Plaintiff's Civil Action. PARK LAW ASSOCIATES, P.C. Gr BY : Y*? VALERI ROSE H PARK, ESQUIRE ak, VERIFICATION I. MARY N1 MAXEDON , declare: I am a designated agent of s? cocr- coRbir,?r?oc/ , A , in the above entitled 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. Section4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed this day of 1999 at A.LAMEDA CALIFOHNI/ county, in the state of v MARY M. MAX ®ONDesignated Agent FIRST SELECT CORPORATION ANN M. MOTTER 4168100001958774 919372-1 wo N Cl) 1.: C! I(lj r] ` I G. `'? = t1' U u U 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: 211 FIRE HOUSE ROAD SHIPPENSBLSRG, PA 17257-9733 CUMBERLAND COUNTY COURT OF COMMON PLEAS First Select Corporation Plaintiff VS ANN M. MOTTER Defendant NO. 99 5753 CV 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 $6,677.08 $1,335.00 $315.78 ($0.00) ($0.00) $8,327.86 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 attac d hereto and marked Exhibit °A°. VALERIE ROSENBLUTH PARK, ESQUIRE Attorney for the Plaintiff AND NOWA'(J a? _-L , 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 abo a certif icat'on. 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 ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 5040 JOHNSON DRIVE 1779 PLEASANTON, CA 94566 DEF: 211 FIRE HOUSE ROAD SHIPPENSBURG, PA 17257-9733 CUMBERLAND COUNTY COURT OF COMMON PLEAS First Select Corporation VS ANN M. MOTTER Plaintiff Defendant NO. 99 5753 CV NOTICE OF PRAEC&E FOR ENTRY OF DEFAULT JUDGMENT TO: ANN M. MOTTER EXlNBfl . IMPORTANT NOTICE 211 FIRE HOUSE ROAD SHIPPENSBURG, PA 17257-9733 DATE OF NOTICE: 10/27/99 IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF 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 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 PARK L W ASSOCIA S, P.C. BY: VALERIE ROSENBLUTH PARK, ESQ. 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: 211 FIRE HOUSE ROAD SHIPPENSBURO, PA 17257-9733 CUMBERLAND COUNTY COURT OF COMMON PLEAS First Select Corporation Plaintiff VS ANN M. MOTTER Defendant NO. 99 5753 CV 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 ANN M. MOTTER, Defendant is over 21 years of age; that his/her place of residence/business is located at 211 FIRE HOUSE ROAD SHIPPENSBURG, PA 17257-9733 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 Sol iers and Sailors Civil Relief Act of Congress of 1940 d its amendments. PARK LAW ASSOCIATES, P.C. BY: Vd3krie Rosenbluth 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: 211 FIRE HOUSE ROAD SHIPPENSBURO, PA 17257-9733 CUMBERLAND COUNTY COURT OF COMMON PLEAS First Select Corporation Plaintiff VS ANN M. MOTTER Defendant 1 NO. 99 5753 CV 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: IXl Judgment by Default I I Money Judgment I I Judgment in Replevin I I Judgment in Possession I I Judgment on Award of. Arbitration I I Judgment on Verdict I I Judgment on Court Findings I I Judgment on District Justice Transcripts I I Judgment on Judgment Note I I Judgment on Writ of Revival I I 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. Ua LYE ?o ?x?