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HomeMy WebLinkAbout99-07209?` ,m .? C? O r ?` ®° 0 L_ v 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. JANETT L. LINDSEY Defendant NOTICE NO. - 7°Z0 K- 701,09 &?CL 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. 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 COMMON PLEAS FIRST SELECT CORPORATION 5040 JOHNSON DRIVE PLEASANTON, CA 94566 PLAINTIFF VS JANETT L. LINDSEY 1402 RITNER HWY SHIPPENSBURG, PA 17257-9774 ' DEFENDANT NO. 9 7 7z-9 U-`--' r 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 JANETT L. LINDSEY, an individual who resides at 1402 RITNER HWY, SHIPPENSBURG, PA 17257-9774. 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 4168100003524152. 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 $3,565.15 as of 08/21/1999, plus pre-judgment contractual interest at the rate of 12.89% 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 $713.00. 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 $3,565.15, plus pre-judgment interest at the contractual rate of 12.89W per annum from 08/21/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $713.00, less payments made, plus costs and any other such relief as this court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALE 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. VERIFICATION I, HEATHER KOOREMAN declare: I am a designated agent of FIRST SELECT CORPORATION, the Plaintiff in this 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. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed this Alamedia County, in the St FIRST SELECT CORPORATION JANETT L. LINDSEY 4168100003524152 929706-1 day of 1999 at Designated Agent HEATHER KOOREMAni . 1RST SELECT EXHIBIT ? C O R P O R A 7 1 0 V ACCOUNT AGREEMENT Your FLEET GANK account has been Irmsidnld it, First Select Ccroration. Your FLEET 3.{CL acaurt suss closed it the time of this transfer, and will therefore continue to be closed. This Account Agreement contains the (e:ms that govem ;your First Sektt :e:aunt(he "A<:ount"). In this_Agreement. -you" and "your"-mean each person who is liable For pa,,ent on the Account. "W'e;''oui 'ours .' and -us' mean Fir,[ Select Corporation or its atsipces. 9aause your "LEFT B? ?• If the Account was opened as ajoint account. we FLEET hat been transferred t6 us, you arc nowebligutcd to repay the Account to us instead or may act an the instructions of any joint a countholder. Pavmenu /Finance Char-es..As long as vau have a balance outstanding on your Account. 11,11,141 charges are calculated as follows: To Figure the finance charges tar each billing Cycle. we multiply the average daily' balance on your Acwum by a daily periodic rate. The daily periodic me we apply' your Account's Annual Percentage Rate divided by 365. The .Annual Percentage Rate will be calculated as diseWsed in your most ,:cent F LE T BANK account terms (the -Original Terms"). If your Original Terms provided for dirT<rentAnnual Perc:nuge R-:ez to b<applied to didernt components of your outstanding balance, we will apply the lowest such Annual Percentage Rate to your entire Outstanding bal=e, We may accept Lite or partial payments, or payments marked "paid in Cull' or marked with other restrictions. without losing our right to aolka all amounts ovring under this AgreemenL Fees. We will charge your Account a fee for each billing cycle within which your Account is delinquent (Wt. Charge). The amount of the late charge will be is disclosed in your Original Terms or the maximum late charge permitted by the law of your state of residence. whichever is Iewer. We will charge your Account a fee for each retuned payment check (retuned check charge). -no amount of the returned check charge will be is disclosed in your Original Terns, or the maximum returned check charge permitted by the law of your state of residence, -hichever is lower. To the extent provided in your Original Terns, and to the extent permitted by applicable law, in addition to your obligation to pay the outstanding baluster: an vour Account. plus interest and fees as disclosed herein, we may also charge you for any Collection costs we inear, including but not limited to reasonable attorneys" fees and court costs. Ifyour Original Terms provided For an award of artomeys fees and court costs. such pnnisiun as incorporated herein shall apply reciprovally to the prevailing parry in any lawsuit arising out of this.AgreenenL \un-Waiver of Certain Rights. We may delay or waive enforcement of any provision ofthisAveer•.ennsiLhout losingour right to enforce it or any other provision later. Applicable Law; Sevenbillty; Assignment. No matter where you live. this Agreement and your Aa^urt are govemedbv federal lave and by the law of the state designated as the applicable law in your Original Terms. If your Original terms did not contain an aeclhcabU law provision, then this Agreement and your Account arc gavemed by federal law and the law of your sate of residence. This Agree. em is: Final errvion of the agreement between you and" and may not be contradicted by evidence of any alleged oral agreement. If any provision of this A rent is held :a be invalid or unerdbrceuble, )'au and we will consider that prevision modified to conform to appli cable law, and the rat of the provisions in the .Ag; eemen(Coill si!i'se etiarceable. We may transfer or assign our right to :dl car sortie of your payments. If state law requires that year receive nossc<of such an event w prcta: the ;urcbaser or assignte, we may give you such notice by tiling a linaneing natemnt with the states Secretary of State. Credit Repnrtbhg. If you fail to fidFll the terms of your credit obligatiort. a "ptive credit repor, r•'.-:n; an your credit record may be submitted to a credit reporting agency. In eider to dispute any information we art ,poring about your Acoum. ycu must vv=:= to us at th<fallovving address: First Sleet Comorathon. P.O. Box 9 t04. Pleasanton, California. 94566. YOUR BILLING RIGHTS - KEEP THIS SOTICE FO R FtiTt:RL• USE This notice Contains important information about your rights anal our r:sponsibilities u; d:: t::c Fair Cradi: Billing Act \otifv Cs in Case of Errors or Questions About Your Bib bill. vvdte us. C- n .carge sheet. at the following addnts: Firs[ Select If vau thid<your bill is wrong, or if'. ou nerd more infomatian about an entry an your no Corporation. P.O. Box 9104• Pleasanton. C.4 9-566. Waste to us u soon as possible. `•?'e mar,: ear Sens ; au laser than d0 days adr. we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not pruer:e your nQ -• In your 1<ner, give tau the fallowing: 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. If you need more infor..a::cr_ describe the item you arc not sure about. Your Ri..hta and Our Resp°nsibWtics After We Receive Your Written Notice We must acknowledge your letter within 30 day; unless wit have tor, ecred the error by them 0.'iL`.Lt 90 Q}s. we must either Correct the error or explain why vv< de!i"caeca as :°.uty smacrt you question. including finance believe the bill was Correct Aster cave reeeiv<your Ieaer, we Hoot try to col!«: or report you as charges. We can apply any unpaid amount against your credit line: You do not have to pay soy questicr4 :mount while the are smcstigatin, but you are still obligated to pay the parts of the hill that arc not in question. trw< find that we made a mistake on your bill, you will not have to pay any finance charge r-13(44 to any questioned amount. If we did nat makc a mistake, you pay h ma have e amountoyou owne and the date that it is due..ltif you fail to pay the amoun we think you owe. Cove may report you u(delintajsu.nLe Howcv<r"iif our explanation does not satisfy you and you write to us within 10 days telling us that you still revue to pay, v t must tell nyxfne are repun you la that yon question your bill. And we must tell you the name of anyone we reponcd you to. We mud sell canyon<we,part you to :hat a matter has been settled b:ueeen us when it finally is. If w'c do nos fallow hue rules, we cannot collect he First S50 ol'the questiuned amount even if your bill .vas Center, Special Rule for Credit Card Purchases If vau have a problem ••vitti the quality of gear's and services that you purchased with your FLEET 3: n : edit Card and yam have tried in good faith to correct mut he problem with the merchant. you may ram have to pay the remaining amount due an the ;cads or sen'i:a. There are two tins °silsc (ce Fou nu have made the purchase in your home state or, if not within your honkie state. within 100 miles oty'cur current mailing address;' (hb) (1< purchasPri have been more ban 550. 'Chose limitations do not apply if either we or FLEET BAS': all, tar ePe t:mer::unL nr if we or FLEET B:LVK mailed you he advertisement fur he p,op<ny or services. tscu c, c% pc:.. ???: c i J(L 1 SHERIFF'S RETURN - REGULAR CASE NO: 1999-07209 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS. LINDSEY JANETT L BRIAN BARRICK , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within CIVIL ACTION was served upon LINDSEY JANETT L the defendant, at 10:25 HOURS, on the 2nd day of December 1999 at 1402 RITNER HIGHWAY SHIPPENSBURG, PA 17257 CUMBERLAND County, Pennsylvania, by handing to JANETT L. LINDSAY a true and attested copy of the CIVIL ACTION together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and subscribed to before me this /qS- day of kV_AtM A.D. So answers:4 18.00 11.16 ? .00 8.00 R-. 'I omas ine, 5 eri 0 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: 1402 RITNER HWY SHIPPENSBURG, PA 17257-9774 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS JANETT L. LINDSEY Defendant NO. 997209CIV 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 $3,565.15 $713.00 $171.23 ($0.00) ($0.00) $4,449.38 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". i VALER ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW, I . ly fin) , 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 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 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: 1402 RITNER HWY SHIPPENSBURG, PA 17257-9774 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS JANETT L. LINDSEY Defendant NO.997209CIV NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: JANETT L. LINDSEY 1402 RTTNER HWY SHIPPENSBURG, PA 17257-9774 DATE OF NOTICE: 12/23/99 MPORTANT 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. COURT ADNIIMSTRATOR CUMBERLAND COUNTY COURTHOUSE, 41h FLOOR CARLISLE, PA 17013 (717) 240-6200 PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED. WILL BE USED FOR THAT PURPOSE. EXHI IT. 11 , ? q uJ Ci N i 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: 1402 RITNER HWY SHIPPENSBURG, PA 17257-9774 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS JANETT L. LINDSEY Defendant NO. 997209CIV 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 JANETT L. LINDSEY, Defendant is over 21 years of age; that his/her place of residence/business is located at 1402 RITNER HWY SHIPPENSBURG, PA 17257-9774 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 C. BY: Va rie Rosenbluth Park Attorney for Plaintiff E10 WIN- 1 J ? .. C o U i 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: 1402 RITNER HWY SHIPPENSBURG. PA 17257-9774 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS JANETT L. LINDSEY Defendant NO. 997209CIV 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 [ J 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. PROTHONO/TARY : 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.