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HomeMy WebLinkAbout00-05079VALERIE 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. CHRISTOPHER G COLE Defendant NO. CCU ^ .50-77 0"'z ( ? 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. an oun y o ?'7l7) ?^ c?n0 mac., -gta? RSS'0C -'S4(O.J ?aLsce? IDA /7c>13 717- aqf - aI` L 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 ACT##:4168100000612570 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS CHRISTOPHER G COLE 502 4TH ST NEW CUMBERLAND, PA 17070 -7 r? DEFENDANT ' NO. ?' Sd 19 CIVIL 1. The Plaintiff, First Select, Inc. is a Delaware corporation organized and existing under the laws of the State of Delaware with its principal place of business at 4460 Rosewood Drive, Pleasanton, CA 94588. Plaintiff is the owner of this account, which is the subject matter of this action. 2. The Defendant, CHRISTOPHER G COLE, is an individual who resides at 502 4TH ST, NEW CUMBERLAND, PA 17070. 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, bearing account number 4168100000612570. u ; 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 $2,584.45 as of 01/28/2000, plus pre-judgment contractual interest at the rate of 19.80% 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 $516.89. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $2,584.45, plus pre-judgment interest at the contractual rate of 19.80% per annum from 01/28/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $516.89, less payments made, plus costs and any other such relief as this Court deems reasonable and just. 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, Inc. and against the Defendant in the amount of $2,584.45, plus pre-judgment interest at the contractual rate of 19.80% per annum from 01/28/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $516.89, less payments made, 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. VERIFICATION I, ! IER-1(88REM , declare that as of April 25, 2000: 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 at Alameda County, in they Sta?e/of California. Designated Agent FIRST SELECT C 0 R P O R A T 1, 0 ACCOUNT AGREEMENT Your WELLS FARGO account has been transferred to First Select Corporation. Your WELLS FARGO account was closed at the tome ofthis transfer, and will therefore continue to be closed. This Account Agreement contains the terms that govern your First Select account (the ".Account;). in this Agreement, "you" and "your" mean tacit person who is liable for payment ere the Account. "We," "our," "ours," and "us" mean Fast Select Corporation or its assignees. Because your Account has been transferred to us, you are now obligated to repay the Account to us instead of WELLS FARGO. [f the Account was opened as a joint account we may am on the instructions of anyjoint accountholder. Payments I Finance Charges. As long n you have a balance outstanding an your Account finance charges 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 rue. The daily periodic rate we apply is your Account's Annual Percentage Rate divided by 365. The Annual Percentage Rate will be calculated as disclosed in your most recent WELLS FARGO account terms (the "Original Terms"). If your Original Tema provided for different Annual Percentage Rates to be applied to different components of year outstanding balance, we will apply the lowest such Annual Percentage Rate to your entire outsttnding balaacc. 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 Agreemmc Fees. We will charge your .Account a fee for each billing cycle within which your Accaunc is delinquent (laze charge). The amount of the late charge will be as disclosed in your Original Terms or the maximum late charge permitted by the law of your sate of residence, whichever is lower, We will charge your Account a fee for each returned payment check (resumed check charge). The amount of the returned check charge will be as disclosed in your Original Terms, or the maximum resumed check charge permitted by the law of your state of resident, whichever is lower. - To the extent provided in your Original Terms, and to the extmt permitted by applicable law, in addition to yaw obligation to pay the outstanding balance on your Account plus interest and fees as disclosed herein, we may also charge you for any collection costs we incur, including but not limited to reasonable anomeyi fees and court costs. If your Original Terms provided for an award of attomeyi fees and court costs, such provision as incorporated herein shall apply reciprocally to the prevailing party in any lawsuit arising out of this Agreement Non-Waiver of Certain Rights We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other provision later. Applicable Law; Sevenbility, Assignment No matter where you live, this Agreement and your Account are governed by federal law and by the law of the sate designated u the applicable law in your Original Tema 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 state of residence. This Agreement is a final expression of the agreement between you and us and may not be contradicted by evidence of my alleged oral agreement If any provision of this Agreement is held to be invalid or unenforceable, you and we will consider that provision modified to conform w 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 purchaser or assignee, we may give you such notice by filing a fmancing statement with the states Secretary of State. Credit Reporting. If you fail to fulfill the terms of your credit obligation, a negative credit report refflecdng on your credit record may be submitted to a credit reporting agency. In order to dispute any information we are reporting about your Account you must write to us at the following address: First 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 Enron or Questions About Your Bill If you think your bill is wrong, or if you need more information about an enty on your bill, write us, on a separate sheet at the following address: Firm Select Corporation, P.O. Box 9104, Pleasanton, CA 94566. Write to its as soon as' possible. We must hear from you no laze, than 60 days after we sent you the first bill on which the error or problem appeared You an 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 can, why you believe there is an error. If you need more information, describe the item you ate not sure about Your Rights and Our Responsibilities After We Receive Your Written Notice We mast acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 davs, we must either, cared the error or explain why we believe the bill was correct. After we receive your factor, we cannot try to collect or report you as delinquent as to any amount you question, including finance charges. We can apply any unpaid amount against your credit line You des not have to pay any questioned =aunt while we are investigating, but you are stil[ obligated to pay the parts 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 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 amount In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount we think you owe, we may report You u delinquent However, if our explanation does not satisfy you and you write to us within 10 days telling us that you still reftue to pay, we must tell anyone we report you to that you question your bill. And we must tell you the name of anyone we repotted You to. We must tell anvane we report you to that the matter has been sealed between us when it finally is. If we do not follow these rules, we cannot collets the first S30 of the questioncd amount even if your bill was correct. Special Rule for Credit Card Purchases if you have a problem with the quality of goods and services that You purchased with your WELLS FARGO credit card and you have tried in goad Faith to correct the problem with the merchant you may not have to pay the remaining amount due on the goods or services. There are tryg limitations to this right: (a) you must have made the purchase in your home state or, if not wuhin.your home state. within 100 miles of your current mailing addAw and (b) the purchase price must have been more than S50. These limitations do not apply if either we or WELLS FARGO own or operate the merchant or if we or WELLS FARGO mailed you the adverisement for the property or services. Y??N.BIcE',S3 (? ? ? Z` n o (?i? t?;f`? ? f-.. r ?? _;? ?? ??? a 1 ?? ? t? ? '? ./- ? t,) SHERIFF'S RETURN - REGULAR CASE NO: 2000-05079 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS CHRISTOPHER G HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon COLE CHRISTOPHER G DEFENDANT at 502 4TH ST the , at 0018:35 HOURS, on the 25th day of July , 2000 NEW CUMBERLAND, PA 17070 by handing to CHRISTOPHER G. COLE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.54 Affidavit .00 Surcharge 10.00 .00 38.54 Sworn and Subscribed to before me this IAA day of ..P' 02 mra A.D. d 'Prothonotary So Answers: R. Thomas Kline 07/26/2000 PARK LAW ASSOCIATES By : 7 J 1 Deputy Sheriff 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 ?. h I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 502 4TH ST NEW CUMBERLAND, PA 17070 4168100000612570 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS CHRISTOPHER G COLE Defendant NO.00-5079 CI 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 $2,584.45 $516.89 $298.61 ($0.00) ($154.50) $3,245.45 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 p for to the date of the filing of this Praecipe. A true and c rect copy of the notice pursuant to Pennsylvania Rule Of Civ' Procedure No. 237.1 is attached hereto and marked Exhibit ". VALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff ? n n AND NOW, aQrja 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. P THONOTARY 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. DRIVE 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: 4460 ROSEWOOD PLEASANTON, CA 94588 DEF: 502 4TH ST NEW CUMBERLAND, PA 17070 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS CHRISTOPHER G COLE Defendant NO. 00-5079 CI NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: CHRISTOPHER G COLE 502 4TH ST NEW CUMBERLAND, PA 17070 DATE OF NOTICE: 8/16/00 IMPORTANT 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 ADMMSTRATOR CUMBERLAND COUNTY COURTHOUSE , 4th 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. VALERIE ROSENBLUTH PARK I HEREBY CERTIFY THAT THE ATTORNEY I.D. ## 72094 TRUE AND CORRECT ADDRESS IS: PARK LAW ASSOCIATES, P.C. PLAINTIFF: 4460 ROSEWOOD DRIVE 25 EAST STATE STREET PLEASANTON, CA 94588 DOYLESTOWN, PA 18901 DEF: 502 4TH ST (215) 348-5200 NEW CUMBERLAND, PA 17070 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS CHRISTOPHER G COLE Defendant NO. 00-5079 CI ERIFICATION Or 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 CHRISTOPHER G COLE, Defendant is over 21 years of age; that his/her place of residence/business is located at 502 4TH ST NEW CUMBERLAND, PA 17o7o 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: Val e Ro uth 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: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 502 4TH ST NEW CUMBERLAND, PA 17070 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS CHRISTOPHER G COLE Defendant NO. 00-5079 CI 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. PROTH TOT Y A2 F PURSUANT TO THE FAIR DEBT COLLECTION PRACT ES 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. ?.? , ,, x "?. ?- p -; _? ? ? ? ?, ? ? ?1 b ? ? ? .,_. ' ?' `C, ; K :? ? .°' 'J ? v VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.A. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY;COURT OF COMMON PLEAS FIRST SELECT, INC Plaintiff VS CHRISTOPHER G COLE Defendant NO. 00-5079 CI PRAECIPE TO MARK JUDGMENT SATISFIED, SETTLED, DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly mark the above captioned matter satisfied upon payment of your costs. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE