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HomeMy WebLinkAbout99-06160 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 Plaintiff VS. ROBERT H. KLINE Defendant CUMBERLAND COURT OF COMMON PLEAS NO. qq - ?P ` blJ 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 C-AAWdE CARLISLE, PA 17013 (717) 2*0-80" a*- 3((k THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. J 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 ROBERT H. KLINE 262 Redwood Lane Carlisle, PA 17013-7840 Defendant . NO. 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 ROBERT H. KLINE, an individual who resides at 262 Redwood Lane, Carlisle, PA 17013-7840. 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 4168100001931748. 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 $8,124.24 as of 05-11-99, plus pre-judgment contractual interest at the rate of 17.28% 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 $1,624.00. 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 $8,124.24, plus pre-judgment interest at the contractual rate of 17.28% per annum from 05-11-99 until the date of the judgment herein, less payments made in the amount of $.00, plus reasonable attorney's fees in the amount of $1,624.00, 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 ROBERT H. KLINE the sum of $8,124.24 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. 4168100001931748 FIRST SELECT exHieR C O R P O R A T I O N 4 ACCOUNT AGREEMENT Your FLEET BANE: account has been Innsfurad to First Select Corporation. Your FLEET B.NK Account was closed at the time of this rander, and will thaefurccontinue d be closed. Thu Account Agreement contans the terms that govern your Fint Select account (the 'Account"). In Ilia AgramaiL "you" and "vour' mean each person who is liable for payment on the account. "We," "our." ours.' and "ui mean First Select Corporation or its Assignees. Because your r\umunt has been trutsl'erred to us, you are now obligated to repay the %ccount io us instead or FLEET B.i\6. If the Account war openeJ as ajoint account. we may tit on du instructions of any joint accountholder Puymenta / Finance Charges. As long a you have a balance outstanding on your Account. linanca charges tie calculated u follows: To figure the f marae charges for each billing cycle, we multiply the average daily balance on your Account by 4 daily periodic rate. The daily periodic rate we apply is your Account's Annual Percentage Rate divided by 363 . The Annual Percentage Rate will bat akulated a disclosed in your most recent FLEET B.1\F: account terms (the 'Original Terri). If your Onginal T<mu provided for diffarent Annual Percentage Rates to be applied to different components of your outstanding balance, we will apply the lowest such Annual Percentage Rau 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 pate charge). The amount of the late charge will be a disclosed in your Original Terms or the maximum late charge permitted by the law of your state of residence, whichever is lower. Wit will charge your Account a fee for each returned payment check (returned check charge). The amount of the retained check charge will be a disclosed in your Original Tem. or the maximum returned check charge permitted by the law of your state of residence, whichever is lower. To the extent provided in your Original Temts, and to the extent petsnmed by applicable law, in addition to your obligation to pay the outstanding balance on your Account. plus interest and fees a disclosed herein, we may also charge you for any collection costs we incur. including but not limited to reasonable momeyi fees and courtcosts tryout Original Terre provided for an award of anomeyi fees and court costs, such prevision a incorporated herein shall apply reciprocally to the prevailing party in any lawsuit arising out of this Agreement. Non4Yaiver of Certain Rights. We may delay or waive mlorcemad ofany provision of this Agreement without losing our right to enfant it or any other provision later. Applicable Law; SevtnbiBly; Assignment. No matter what you live, this Agreement and your Account tie governed by federal law and by the law of the state designated u the applicable law in your Original Tema. If your Original terms did not contain an applicable law provision, that this Averment and your Account arc governed by fedml 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 of any alleged oral agreement. If any provision of this Agreement is held to be invalid or unenforceable, )tau aril we will consider tKU 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 some of your payments. If state law requires that you receive notice of such an event to protect the purchuer or assignee, we may give you such notice by filing a finanang statement with the saris Secretary of State. Credit Reporting. tf you fail to form the terms of your credit obligation, a negative credit report reflecting on your credit record may be submined to a credit reporting agency. In order to dispute any information we arc reporting about your Account. you must write to us at the following address: First Select Corporation, P.O. Box 9104, Pleasanton, California. 94166. 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 Us in Cue of Enron 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 a toon u 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 suit the following: • Your wise and Account number. • The dollar amount of t r suspected eeror. • Describe the aror and explain, if you can, why you believe that ism error. If you need more infonnatiorL describe the item you we oat sure about Your Rights and Our Responsibilities After We Receive Your Written Notice We mutt acknowledge your letter within 70 dap, unless we have corrected the error by then. Within 90 days, we mutt either correct the crer or explain why we believe the bill was correct Alter we receive your Icner, we cannot try to collect or report you u delinquent u to my 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 whde we tie m%atiptmg, but you us still obligated to pay the partsof the bill that an not in question. If we find 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 snake a mistake, you may have to pay finance charges, and you will have to makeup the mined payments on the questioned amount. In either cue. wt will send %ou a statement of the amount you owe and the date that h is due. If you fail to pay the amount we think you owe, we may report you as delinquent However, d our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone it 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 that the manor has hem settled between us when it finally is. If we do not follow these rules, wt cannot collect the tint S!0 ol'the questioned amount even dour bill was cored. Special Rult for Credit Card Purcliasts If you have a problem with the quality of goofs and services that you purchased with your FLEET 0 ANK aedu cad and you hale tried in good faith to coned the problem with the merchant. Noll may not have to pay the remaining amount due on the goods or unites There are Iwo hmtatiom to this right (a) you must have made the purchast in )our home state or, if not within your home slate, within 100 miles of your curcnt maahng addrm, and (b) the purchasa price must have been more than S50. these limitations do not apply d either wt ur FLEET BA,\ K own or operate the merchant, sir d\ve sir FLEET B.VNK mailed you the advertisement for the properly or sentces A A , r ` SHERIFF'S RETURN - NOT FOUND CASE NO: 1999-06160 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS. KLINE ROBERT H R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: KLINE ROBERT H but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT AND NOTICE NOT FOUND , as to the within named defendant KLINE ROBERT H DEFT. MOVED TO 4088 CYPRESS RD., APT. B, HARRISBURG PA 17112. Sheriff's Costs: So answe s: Docketing 18.00 i Service 3.10 it ?fv Not found return 5.00 F1/'T Surcharge 8.00 r PARK 10RK I 14AFFICES Sworn and subscribed to before me /1 i this -L_ day of d tt, ? 19?? A.D. I HEREBY CERTIFY THAI IHE WITHIN IS A TRUE AND CORREC r COPY OF THE ORIGINAL ON FILE. VALERIE ROSENBLUTH PARK ATTORNEY FOR PLAINTIFFJDE _ ,UMbM_ 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. ROBERT H. KLINE Defendant You have been sued in Court. If you wish t defend against the claims set forth in the following pages, within twenty (20) days after this Complaint ad Noti or ce are served, by entering a written appearance attorney and filing in writing with the court your defenses or objections to the claims set forth against you. wit utare warned that if you fail to do so, the case may proceed judgment may be entered against you by the Court without further notice money claimed in the Complaint d by the Plaintiff. You o may °lose h money f or relief requeste or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO TO, OR TELEPHONE THE NOT OFFICE HAVE FORTH BELOW TO FIND OUT WHERE ?YOU CAN GET LEGAL HELP. TPANE GAY FROM R6000D R r SS cc rvi Tadmony whereof, I here unto sot my hoW 4 (M 01 SL ou , ?• CUMBERLAND COUNTY 691 sE h14? 71Y??. lam CARLISLE, PA 17013 (717) 31iG-64'b0 AN XTTEMPT TO COLLECT A DEBT. USED FOR THAT PURPOSE. ANY INFORMATION OBTAINED ---J 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 ROBERT H. KLINE 262 Redwood Lane Carlisle, PA 17013-7840 Defendant . NO. 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 ROBERT H. KLINE, an individual who resides at 262 Redwood Lane, Carlisle, PA 17013-7840. 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 4168100001931748. 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 $8,124.24 as of 05-11-99, plus pre-judgment contractual interest at the rate of 17.28% 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 $1,624.00. 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 $8,124.24, plus pre-judgment interest at the contractual rate of 17.28% per annum from 05-11-99 until the date of the judgment herein, less payments made in the amount of $.00, plus reasonable attorney's fees in the amount of $1,624.00, 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 ROBERT H. KLINE the sum of $8,124.24 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. s 4168100001931748 FIRST SELECT ACCOUNT AGREEMENT Your FLEET BANE: account has been transfcned to First Select Corporation. Your FLEET BANK account mat cloud at the time of this transfer, and will thenl'uee continue to bo cloud. This Account Agreement contains the it= that govern your First Select account (the'Account'). In this Agrecm"L "you" and "your' mean each person who is liable for payment on the Acaaant. 'We,' 'aur."ours.' and "us" mean First Select Corporation or its assignees Because your A"mint hm been inns&rred to us. you arc now obligated to rtpav the Account io us unread of FLEET B.1l;I:. If the Account was opened as ajoint account. we may acct on the instructions of any Joint accountholder. Pavmena / Finance Chargn..as long as you have a balance outstanding on ,.your Account. limned charges ace calculated as follows: To figun the finance charges fur each billing. cle. we multiply the avenge duly balance on yuur Account by a daily periodic rate. The daily periodic rate we apply is your Account's Annual Percentage Rate divided by 365. The Annual Penentage Rue will be calculated as disclosed in your most recent FLEET B.UK account terms (the 'Original Terms"). If your Original Tens provided for different .Annual Percentage Rua 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 Nil" or marked with other matnctions. without lasing 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 Original Tema or the maximum late charge pennined 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 the mmmed check charge will be u disclosed in your Original Tenor, err the maximum returned check charge permitted by the law of your state ofmidence. whichever is lower. To the extent provided in your Original Tema, and to the extent permitted by applicable law, in addition to %our obligation to pay the outstanding balance on your Account glut interest and fees as disclosed herein, we may also charge you for any collection costs we incur. including but not limited to reasonable anorncyi fees and court costs. Uyour Original Tema provided form award of attomeyi fees and court costs, such prvvisiun a incorporated herein shall apply reciprocally to the prevailing party in any lawsuit arising out of this Agreement. Non•Wulverof Certain Rlghm We may delay or waive enforcement army provision ofthis Agreement without losing our right to enforce it or any other provision later. Applicable Law; Severabdity; A»I:nmenL No Matta when you live, this Agreement and your Account us govcmed by fedenl 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 Account we governed by fedenl law and the law of your state of raidence. This Agreement is a final exprauian of the agreement between you and u and may not be contradicted by evidence of my alleged oral agreement. If any provision orthis Agreement is held to be invalid or unenforceable, )use and we will consider that provision modified to conform to applicable law, and the rat of the provisions in the Agreement will still be enforceable. We may transfer or assigns our right to all or some of your payments. If state law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a finanang statement with the state's Secretary of State. Credit Reporting. If you fail to IbUll the terms of your credit obligation, a negative credit report reflecting an your credit record may be submitted to a credit reporting agency. In order to ditpute any information we ace reporting about your Account you must write to w at the following address: Fi a 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 Us In Case of Errors or Quatlom About Your Bill If you think your bill is wrong, or if you need more information about an entry on Your bill, write w, on a separate sheet, at the following address: Fint Select Corpontion, P.O. Box 9104, Pleasanton, CA 94566. Wnte to us as soon u pouible. We must hearfrom you no later thm 60 days after we sent you the fint 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 an, why you believe then is m error. If you need more information, describe the item you we not sun about. , Your FUghu and Our ResponslhWtles After We Reeelve Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill waa correct. After we receive your least. we cannot try to collect or report you as delinquent u to any amount you quauon. including finance charges. We can apply env unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the pasts of the bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount. Uwe did not make a mistake, you may have to pay finance charges, and you will have to makeup the mined payments on the questioned ]MaunL In either cue. we will send %ou a mtement of the amount you owe and the date that it is due. If you fail to pay the amount we think you owe, ace may span you a delinquent However, dour explanation doe: not satisfy you and you write to us within 10 days telling w that you still refuse to pay, we must tell anyone we report you to that you question your bill. And we must sell you the name of anyone we reported you to. We must tell snyone we report you to that tht mina has been settled between us when it finally is. If we do not follow these rules, we cannot collect the first S!0 of the qustiuntd amount even dyour bill was correct. Special Rule for Credit Card Purchases if you have a problem with the quality of goods and smites that you purchased with your FLEET B 4-NK credit card and you have tried in good faith to con rot the problem with the merchant you may not have to pay the remaining amount due on the goods or urvrces. There are two limitations to this right: (a) you must have made the purchase in your home state or, if not within your home state. mthin 100 mda of your cumcnt mailing addreu; and (b) dm purchase price must have been more than S50. That limitations do not apply ifeither we or FLEET BANK own or operate the merchant err d'we or FLEET BANK mailed you the advenisement fur the property or services. 100 VALERIE ROSENBLUTH 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. ROBERT H. KLINE Defendant NO. 99-6160 CIVIL PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly discontinue the above captioned matter without prejudice upon payment of your costs. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE ATTORNEY FOR PLAINTIFF a? l+ U .