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HomeMy WebLinkAbout99-06747i N I f Qj C?l a Ol r 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST SELECT CORPORATION Plaintiff VS. WILLIAM C. SAXTON Defendant NO. GCl- b7y7 &, NOTICE 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 ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. .._.._.. _. ....K.^.r:Y.sY..F:'.e22:L[fC.'S'R!FM'.t'1TY.:'=.?^Y' ?'.".^S'•'^`^'?Mix..2 ?:!x.Lti:tl'Ci. i 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 CUMBERLAND COUNTY COURT OF FIRST SELECT CORPORATION 5040 JOHNSON DRIVE PLEASANTON, CA 94566 PLAINTIFF VS WILLIAM C. SAXTON 530 3RD STREET ENOLA, PA 17025-3130 COMMON PLEAS DEFENDANT NO. 9`?- G 7,17 0,,1:/ CIVIL ACTION 1. FIRST SELECT CORPORATION, an organization 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 WILLIAM C. SAXTON, an individual who resides at 530 3RD STREET, ENOLA, PA 17025-3130. 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 4168100003100946. i - 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 $6,203.28 as of 07/22/1999, plus pre-judgment contractual interest at the rate of 24.001 oer annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plraintiff will incur attorney's fees in the amount of $1,240.00. 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 $6,203.28, plus pre-judgment interest at the contractual rate of 24.00% per annum from 07/22/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,240.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: /Zl Z' VA ERIE NBLUTH 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. VERIFICATION I ?_?, !. ? . , .4 . ,•.;? declare: I am a designated agent of A ?r=•, r i"n;'/.!„> C'c?i:?: .=-?,?./ , 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. Section9909 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed this day of -i • :d;= ):• county, in the state of 1999 at - i. ;Fi 1 Designated Agent IAM FIRST SELECT CORPORATION WILLIAM C. SAXTO,N 4168 10000310094 6 929238-1 j FIRST SELECT $$$ EXHIBIT C O' H 1' O R A T I O `i ACC(DuivrAGREE:`I ENT ? Your CHASE suount hats been transtim ed to First Select Corporation. Your CHASE account cy.as c!ased it .h- time of this transtir. and will therefore continue to be closed. This Account Agreement contains the terms that govern .:our First Sdect account (the ".Ataaum'). In this Ageement.'you' and ",your' mean tacit person who is liable for payment on the Account. "We: 'our. "'our.: and "us' mean First Se l ea Caroraan Of its sssig acts. Because your Account has been transferred to us, you are now obligated to repay the Account :o us instead of CHASE. If the Account •.w as :pr..ed as a joint account we may act an the instructions of any joint accountholder. Payments I Finance Chu rga.As long as you have a balance outstanding on Your Account. finance chuget are calculated as follows: To figure the finance charges for each billing cycle, we multiply the average daily balance an your Account by a daily periodic rate. The daily periodic rate we apply is your Accounis .Arsatual Percentage Raie divided by 365. Tate Artnual Percentage Rate wviII be kulated as disclosed in your most recant CHASE account temu (the "Original Terms"). If your Original Tems provided far difTerent Annual Percentage Rates to be applied to dit,emnt components of Your autttanding balance, we will apply the lowest such Accrual Percentage Rate to your entire outstanding balance. We may accept late or partial payments, or payments marked "paid in full" ar muked with other rmriciors, without losing our ri Slit to collect all amcuns awing under this Agreement. Fees. We will chuge your Account a fee for each billing cycle within which your Account is delirquent (late charge). The amount of the late charge will be as disclosed in your Original Terms or the maximum late charge pemitted by cite lase of your state of residence, whichever is lower. We will charge your Account a fee for each retumed payment check (retumecicheck charge). The amount of the renamed check charge will be as disclosed in your Original Terms, or the maximum retumedcheck charge permitted by the law of your state of residence. whichever is lower. To the extern Provided in your Original Temu, and to the extent permitted by applicable lave, in addition :o your obligation to pay the outstanding balance on your Account plus interest and fees u disclosed herein, we may also charge you far my collection costs we inct , including but not limited to reasonable anomeys'• fees and court costa. if your Original Terms provided for an award of anomeys'fees and court costs. such prevision as incorporated herein shall apply reciprocally to the Prevailing party in any lawsuit arising out of this Agreement Non•Waiverof Certain Rights. We may Mayor waive emcrcement of any provision of this Agreement without losing our right to enforce it or any other provision later. Applicable Law; SevembWcy: Assignment No manes where you live, this Agreement and your Account are governed 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 governed by federal law and the law of your slue of residence. This Agreement is a fiscal expr_-ssion 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 Lnvalid or unenforrable, you and we will consider that provision modified to eanfonn to applicable late, and the rest of the provisions in the Agreement will swill be enforceable. We may transferor assign outright to all or same of your payments. ifstate law, requires that you receive notice ofsuch an e•tent to protec; the purchaser or assie}tec, we may give you such notice by filing a financing statement with the =to 's Secretary of State. Credit Reporting. If you fail to fulfill the it= of your credit obligation. a negative credit report , edect_.g on your credit record may be submined to a credit reporting agency. in order to dispute any information we are reporting about your Account, you muss ud:e to its at the following address: First Select Corporation, P.O. Box 9104, Pleasanton, California, 94 566. YOUR BILLING RIGHTS • KEEP THIS :NOTICE FOR FUTURE OSE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act Notify us in case of Errors 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 separatc sheet, at the following address: First Select Corporation P.O. Box 9101, Pleasanton. CA 94566. Write to us as soon as possible. We mus hear ran you no later than 60 days after we sent you the first bill an which the error or problem appeared You can telephone us, but doing so will not preserve your rights. N 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, Ifyou need more inf?r..ation. describe the item you are not sure about Your Rights and Our Responsibilities After We Receive Your W'ritten:S•atice We must acknowledge your letter within 30 days, unless we have coree:ed the error by then. Wid in 90 days we must either corect the error or explain why we believe the bill was eareeL After we receive your letter, we cannot try to collector repay, you w deimquct m to any =aunt 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 investigating, but you are still obligated to pay the putt of the bill that are not in questian. If we find that we made a mistake an your bill. you will not have to pay any finance charge related to any quesianed 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 4.mcum. In either ease, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the =aunt%, think you owe, we may re?on you u delinquent Howcyer, if our explanation does not satisfy you and you write to" within 10 days telling us that you still refuse to pay. we must II s %nc we report you to that vau 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 Lx raster his been sealed between us when it finally is. If we do not fallow these rules, we cannot caller. the fiat S50 of the queniend amount ever it your SiII ••ws ureic Special Rule for Credit Card Purchasts If you have a problem with the quality of goads and servic3 that vau purchased with your C HASE .-d** ward and you have tried in good faith to corect the problem with the merchant you may not have to pav the remaining amount due on the goods or sernces. i art a u: two Iimitatioru to this right: (a) you must have made the purchase in your home seise or, if not within your home state. within 100 ant Its Of your :.r. eat mailing address: and (b) the purchase price roust have been more than S50. These limitations do not apply if either we or CHASE own or operate the meraiaat. or if we or CHASE maded you the advertisement for the property or services. iSN r r= u+!' N c 1 SHERIFF'S RETURN - REGULAR CASE NO: 1999-06747 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLA14D FIRST SELECT CORPORATION VS. SAXTON WILLIAM C SHAWN HARRISON' , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon SAXTON WILLIAM C the defendant, at 1721:00 HOURS, on the 12th day of November 1999 at 530 3RD STREET ENOLA, PA 17025-3130 CUMBERLAND County, Pennsylvania, by handing to WILLIAM SAXTON a true and attested copy of the COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: So answers: Docketing 18.00 Service 9.30?? Affidavit .00 Surcharge 8.00 A-Ti?om-vim iT ne, Sheri 3 30-11/15/A1,9199SSOCIATES 11 by ? u ierifT--- Sworn and subscribed to before me this 1113 =r? day of cc414?' 19 91 A. D. ?r7? ro ?ono-ar VALERIE ROSENBLUTH PARK ATTORNEY I.D. It 72094 PARK LAW ASSOCIATES, P. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: C. PLAINTIFF: 50,10 JOHNSON DRIVE PLEASANTON, CA 94566 DEF: 530 3RD STREET ENOLA, PA 17025-3130 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS WILLIAM C. SAXTON Defendant NO. 99-06747 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 $6,203.28 ATTORNEY FEES $1,240.00 PLUS ACCRUED INTEREST $619.99 LESS PRINCIPAL PAID ($0.00) LESS OTHER PAYMENTS ($50.00) TOTAL $8,013.27 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 OSENBLUTH PARK, ESQUIRE Attorney for the Plaintiff AND NOW, x(4`1- )y Judgment is entered in fa'vo of the aintiff and against the Defendant by Default f r ant 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 ROSENBLU'II-I PARK ATTORNEY I.D. n 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWVN, PA 15901 (215) 345-5200 ATTORNEY FOR PLAINTIFF 1 HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 5040 JOHNSON DRIVE PLEASANTON, CA 94566 DEF: 530 3RD STREET ENOLA, PA 17025-3130 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS WILLIAM C. SAXTON Defendant NO. 99-06747 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT.TUDGVIENT TO: WILLLA.IM C. SAXTON 5303RD STREET EXHIBIT ENOLA, PA 17025-3130 DATE OF NOTICE: 12/7/99 1 ?- IDIPORTr?NT 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 hMPORTANT 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 COURTHOUSE , 4'" FLOOR CARLISLE, PA 17013 (717) 240-6200 BY: PARK LAW ASSOCIATES, P.C. VAL&RIE 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. ff 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: 50.10 JOHNSON DRIVE PLEASANTOIJ, CA 94566 DEF: 530 3RD STREET ENOLA, PA 17025-3130 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS WILLIAM C. SAXTON Defendant NO. 99-06747 VERIFICATION OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS VALERIE ROSENBLUTH PARK, Esauire, 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 WILLIAM C. SAXTON, Defendant is over 21 years of age; that his/her place of residence/business is located at 530 3RD STREET ENOLA, PA 17025-3130 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: Vale ie Rosenbluth Park Attorney for Plaintiff E10 VALERIE ROSENBLUTH PARK ATTORNEY I.D. It 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: 530 3RD STREET ENOLA, PA 17025-3130 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS WILLIAM C. SAXTON Defendant NO. 99-06747 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. 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. I a i C'b - .1? - Q.. ??- ? ? ? ,: ?-' J V ter- J