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HomeMy WebLinkAbout99-05754Y r (^ y tF { r 1 F: Y: RA, { e Icy b. 1 ? ?d t ?hv ^ 4 ? Y14avH Ira34 ?t1 ry { x? rr 1.14 Sir '.eJ ,I 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 VS. JANELLE A Defendant CUMBERLAND COURT OF COMMON PLEAS NO.?j - S7Sy 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) 346-5200 ATTORNEY FOR PLAINTIFF COUNTY COURT OF CObMON PLEAS FIRST SELECT CORPORATION 5040 JOHNSON DRIVE PLEASANTON, CA 94566 PLAINTIFF VS JANELLE A HOCKENBERRY 1374 Grandview Ct. Carlisle, PA 17013-1391 DEFENDANT NO. gq. 57SN l unQ T.e. 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 JANELLE A HOCKENBERRY, an individual who resides at 1374 Grandview Ct., Carlisle, PA 17013-1391. 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 4168100002315354. 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 $4,015.22 as of 06/22/1999, plus pre-judgment contractual interest at the rate of 24% 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 $803.00. 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 y 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 $4,015.22, plus pre-judgment interest at the contractual rate of 24% per annum from 06/22/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $803•00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: 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 JILL PULLIAM 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 JANELLE A HOCRENBERRY the sum of $4,015.22 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. 4168100002315354 Designated A?e3St ' ?? JILL PULLIAM ;.. v [,' ?. ;?. puG ?, `?. t9`?9 J?-]RST SELECT EMM ACCOUNT AGREEMENT Your CHASE =count has been transfered to First Select Corporation. Your CHASE acuount was cored It the time of this transfer. and will therefore continue to be closed This Account .Agreement contains the terns that govern your First Select =count (the ".i::ount'). In this Agreement. "you" and "your" mean each person who is liable for payment on the Account. "We," "our," "ours," and "w" mean First Select Corpormon or is assignees. Because your Account has been tremferred low, you arc now obligated to repay the Account tow instead of CHASE. If the Account ,%u opened as a joint account. we may act on the instructions of my joint accountholder. Payments/ Finance Charges. As long as you have a balance outstanding on your .Account, finance charges are calculated as follows: To figure the finance charges for each billing cycle, we multiply the average daily balance on your ,Account by a daily periodic rate. The daily periodic rate we apply is your Aaount's Annual Percentage late divided by 363. The Annual Percentage Rate will be alculated as disclosed in your most recent CHASE account terms (the "Original Tents"). If your Original Tema 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 accept late or partial payments, or payments marked "paid in fall" or marked with other restrictions, without losing our right to callmt all amounts owing under this Agreement. Fees. We will charge your Account a fee for each billing cycle within which your Amount is delinquent (late charge). The amount ofthe late charge will be as disclosed in your Original Terms or the maximum late charge permitted by the law of your sure 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 ben disclosed in your Original Tenets, or the maximum returned check charge permitted by the law of your note of residence. whichever is lower. To the extent provided in your Original Te rats, and to the extant pertained by applicable levy, in addition to your obligation to pay the Outstanding balance on your Account. paw inter=[ and fen as disclosed herein, we may also charge you for any collection coin we incur, including but not limited to reasonable attorneys' fees and court costs. If your Original Tenm provided form award of anomeys' fen and court costs, such provision u incorporated herein shall apply reciprocally to the prevailing party in my lawsuit arising out of this .agreement. Non•Walver of Certain Rights. We may delay or waive enforcement of my provision of this Agreement without losing ow right to enforce it or my otter provision later. Applicable Lay, Severabdity; Assignment. Yo mater where you live, this Agreement and your Account us governed by federal law and by the law of the state designated as the applicable law in your Original Tema. If your Original terms did not contain an applicable law provision, then this Agreement and your Amount are governed by federal law and the law of your sum of residence. This Agreement is a final etpression of the agreement between you and w and may not be contradicted by evidence army alleged oral agreement If any provision of thisAgreement is held to be invalid or unenforceable, you and we will consider that provision modified to conform to applicable law, and the rat oFthe provision in the .Agreement will still be enforceable. W e may transferor assign our right to all or wine of your payments. If state law requires that you receive notice of such in event to protect tin purchases or assignee, we may give you such notice by riling a financing statement with the state's Secretary of Suter. Credit Reporting. If you fail to fulfill the teens of your credit obligation, a negative credit report reftct ig on your credit record maybe submined to a credit reporting agency. In order to dispute any inforntation we arc repaving about your .Account, you must wrte taw at the following address: First Sled Corporation, P.O. Box 9104, Pleasanton, California, 94566. YOUR BILLING RIGHTS • KEEP THIS NOTICE FOR FLTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Boling AR Notify Us in Cue of Enron or Questions About Your BW If you think. your bill is wrong, or if you need more information about an entry an you bill, write w, on a separate :beer, u the following address: First Seim Corporation P.O. Box 9104, Pleasanton CA 94566. Write to w as soon as possible. We must hear tram you no later than 60 days aft" we sent you the fast bill an which the e"ar or problem appeared You can telephone us, but doing so wall not preserve your rights. In your letter, give us the following: • Your time and Account number. • The dollar amount of the suspected error. • Describe the e"or and explain if you cam why you believe there is an error. If you need more information describe the item you us not sure about Your Rights and Our ResponslhWdes After We Receive Your Written Notice We must acknowledge your later within 30 days, unless we have connected the error by then Within 90 days. we must either correct the error or explain why we believe the bill wu correct Alter we receive your fetter, we cannat try to collect or report you as delinquent as to my amount you question. including finance charges. We can apply any unpaid amount against your credit line. You do not have to pay my questioned amount while we are investigating. but you ate still obligated to pay the parts of the bill that arc not in question If we fund that we made a mistake on your bill, you will not have to pay my finance charge related to any questioned amount If we did not make a mistake, you may have to pay finance charges, and put will have to make up the missed payments on the questioned amount In either cats, we will send you a statement of the mount you owe and the due that it is due. If you fail to pay the amount we think you owe, we may report you as delinquent. However, if our explanation does not stisey you and you wrim to w within to days telling w that you still refwe to pay, we mug tell myome 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 You to tut the miner has been settled between w when it finally is. If we do not follow th=e rules, we cannot collect the lust S50 of the questioned amount even if your bill %%= comet , Special Rule for Credit Card Purchases If you have a problem with the quality of goods and smites that you purchased with your CHASE credit card and you have tried in good faith to correct the problem with the merchant. you may not have to pay the remaining amount due on the goods or sen,cs i nine ue two limitauom to this right: (a) you mug have made the purchase in your home state or, if not within your home state. within 100 miles of yeur -:m mailing address: and (b) the purchase price must have been more than S50. That limitations do not apply deither we or CHASE own or operate the mcrcimt. or tf we or CHASE mailed you the advertisement for the property or services. tsw O Olt 'i YMA SHERIFF'S RETURN - REGULAR CASE NO: 1999-05754 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORPORATION COUNT VS. HOCKENBERRY JANELLE A BRIAN BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon HOCKENBERRY JANELLE A the defendant, at 19:20 HOURS, on the 23rd day of September 1999 at 1374 GRANDVIEW COURT CARLISLE, PA 17013-1391 CUMBERLAND County, Pennsylvania, by handing to JANELLE A. HOCKENBERRY 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 Affidavi t 3,00 Cd Surcharge 8.00 Ali R-'I'IIURIG 3 i e S$erlLz $2 9. X09 ,K I4AW9OFFICES by 1 Deputy Sworn and subscribed to before me this day of K 19 99 A. D. O ? ? Y'bL'ffb?PS?Y? 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 First Select Corporation Plaintiff VS JANELLE A Defendant I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 5040 JOHNSON DRIVE PLEASANTON, CA 94566 DEF: 1374 Grandview Ct. Carlisle, PA 17013-1391 COUNTY COURT OF COMMON PLEAS NO. 99-5754 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. P HONOTARY V PURSUANT TO THE FAIR DEBT COLLECTION P CTI CES 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. Y a U; t s qcz LLO ? U VALERIE ROSENBLUTH PARK ATTORNEY Z.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: 1374 Grandview Ct. Carlisle, PA 17013-1391 CUMBERLAND COUNTY COURT OF COMMON PLEAS First Select Corporation Plaintiff VS JANELLE A HOCKENBERRY Defendant NO. 99-5754 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 JANELLE A HOCKENBERRY, Defendant is over 21 years of age; that his/her place of residence/business is located at 1374 Grandview Ct. Carlisle, PA 17013-1391 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 ASSOCIATES, P.C. BY: Valer/i?'Roseb Aifh Park Atto ev 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: 1374 Grandview Ct. Carlisle, PA 17013-1391 CUMBERLAND COUNTY COURT OF COMMON PLEAS First Select Corporation Plaintiff VS JANELLE A HOCKENBERRY Defendant NO. 99-5754 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 $4,015.22 $803.00 $385.46 ($0.00) ($0.00) TOTAL $5,203.68 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. bg3 ;r?, 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 E ROSENBLUTH PARK,ESQUIRE t / Attorney for the Plaintiff AND NOL, 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 above certifica,tioh. PURSUANT TO THE FAIR DEBT COLI?kTION 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 1779 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: 1374 Grandview Ct Carlisle, PA 17013-1391 CUMBERLAND COUNTY COURT OF COMMON PLEAS First Select Corporation Plaintiff VS JANELLE A HOCKENBERRY Defendant NO. 99-5754 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: JANELLE A HOCKENBERRY 1374 Grandview Ct. Carlisle, PA 17013-1391 DATE OF NOTICE: 11/2/99 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WTMIN 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTH CARLISLE, PA 17013 (717) 240-6200 PARK LAW ASSOCIATES, P.C. BY: VA%MIE R LUTH PARK, ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. s y 4,y ?F ?c. U7 N L'lu 7 r ? T CUP