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HomeMy WebLinkAbout00-05080 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. MICHAEL E MATTESKY Defendant NO. CO ^ .1cxV 01 It 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 D NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE T OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. th e."6 ?LSL£? ?A- r7v/3 717-;Lq9 -.21f. 6 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#:4168100004022909 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTI VS MICHAEL E MATTESKY 403 N BEDFORD ST CARLISLE, PA 17013-1912 DEFENDF eb - 5b Pb 0, o , .-F 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, MICHAEL E MATTESKY, is an individual who resides at 403 N BEDFORD ST, CARLISLE, PA 17013-1912. 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 4168100004022909. 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 $5,777.46 as of 02/22/2000, plus pre-judgment contractual interest at the rate of 8.08% 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 $1,155.49. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $5,777.46, plus pre-judgment interest at the contractual rate of 8.08% per annum from 02/22/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,155.49, 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 $5,777.46, plus pre-judgment interest at the contractual rate of 8.08% per annum from 02/22/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,155.49, 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. . t VERIFICATION I, HEATHER KOOREMAN , 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 the Ptatelcyf California. Designated Agent FIRST SELECT ACCOUNT AGREEMENT Your FLEET BA,'vK account has been transferred to First Select Corporation. Your FLEET BANK account was closed at the time of this 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 each person who is liable for payment on the Account. "We," "our," "ours," and "us" mean First Select Corporation or its assignees. Because Your Account has been transferred to us, you are now obligated to repay the Account to us instead o€rLEET BANK. If the Account was opened as ajoint account- we may act on the instructions of any 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 vour Account's Annual Percentage Rate divided by 365. The Annual Percentage Rate will be calculated as disclosed in your most recent FLEET BANK account terns (the "Original Terms"). If your Original Terms 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 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 vour Account is delinquent (late charge). The amount of the late charge will be as disclosed in your Original Terms or the maximum late charge permitted by th,e 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 returned check charge will be as disclosed in your Original Terms, 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 Tema, and to the extent permitted by applicable law, in addition to your 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 limned to reasonable attorneys' fees and court costs. If your Original Terms provided for an award of attorneys' fees and court costs, such provision as incorporated herein shall apply reciprocally to the prevailing party in any lawsuit arising out of this Agreement. Nun-Waiver ot'Certain Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to ertforca it orany other provision later. - - - - Applicable Law; Severability; Assignment. No matter 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 state of residence. This Agreement is a final expression ofthe 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, you and we will consider that provision moditied to conform to applicable law, and the rest of the provisions in the Agreement will still be enforceable. W e may transferor assignour 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 financing statement with the state's Secretary of State. Credit Reporting. If you fail to fulfill the terms of your credit obligation, a negative credit report reflecting 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 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 separate sheet, at the following address: First Select Corporation, P.O. Box 9104, Pleasanton, CA 94566. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the rust 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 can, why you believe there is an error. If you need more information, describe the item you are not sure about. Your Rights and Our Responsibilities After We Receive 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 was correct. After we receive your letter, 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 do not have to pay any questioned amount while we are investigating, but you are still 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 wa 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 as delinquent However, if 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 we report you to that you question your bill. And we must tell you the time of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we do riot follow these rules, we cannot collect the first $50 of the questioned 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 FLEET BANK 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 services. 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, within 100 miles of your current mailing address; and (b) the purchase price must have been more than S50. These limitations do not apply if either we or FLEET BANK own or operate the merchant, or if we or FLEET BANK mailed you the advertisement for the property or services. Z590 -'. s? ,<- ;> ?__?1ifN'Ak9G??a3?+??YfitWhnflv?'cl?Wfih '- - - 15'?4hop?,RTh9iH??. `=?.. -_ MAY ? •. , ? a ? A SC) nip;, CQ o C Z =d C9 O AR-1 CD n CD r r-- T .r '`.: 22 SHERIFF'S RETURN - REGULAR CASE NO: 2000-05080 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS TTESKY MICHAEL E CPL. TIMOTHY REITZ Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MATTESKY MICHAEL E DEFENDANT the , at 0018:00 HOURS, on the 21st day of July , 2000 at 403 N. BEDFORD ST CARLISLE, PA 17013-1912 MICHAEL E. MATTESKY by handing to 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 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this /.I- day of 2ffv A D. rothonotary So Answers: -*-0 -e*w: R. Thomas Kline 07/24/2000 PARK LAW ASSOCIATES By: / F:T"SXDATAFffiE\C ndmM\549256. 1/Nm Created: 08/15100 09:0010 AM Fevise& 08/15/0009:18:21 AM 5492.56 FIRST SELECT CORPORATION, Plaintiff V. MICHAEL E. MATTESKY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-5080 CIVIL ACTION-LAW JURY TRIAL OF TWELVE DEMANDED DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFF'S COMPLAINT TO: FIRST SELECT, INC., Plaintiff, and their attorney, VALERIE ROSENBLUTH PARK, ESQUIRE YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. AND NOW, comes the Defendant, Michael E. Mattesky, by his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and hereby responds to Plaintiff's Complaint as follows: 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph. The averments are therefore deemed denied and proof is demanded. 2-3. Admitted. 4. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments contained in this paragraph. The averments are therefore deemed denied and proof is demanded. 5-7. It is admitted that Defendant has failed to make payments for some time due to financial difficulties, however, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments stated regarding the amounts due and owing. WHEREFORE, Defendant demands judgment in his favor and dismissal of Plaintiff's Complaint with prejudice. COUNT II 8. The averments of paragraphs 1 through 7 of this Answer are hereby incorporated by reference. 9-11. Admitted. 12. It is admitted that Defendant has failed to make payments for some time due to financial difficulties, however, Defendant is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments stated regarding the amounts due and owing. WHEREFORE, Defendant demands judgment in his favor and dismissal of Plaintiff's Complaint with prejudice. NEW MATTER 13. The averments ofparagraphs 1 through 12 of this Answer are incorporated herein by reference. 14. The Defendant believes and therefore avers that the Plaintiff may have violated the Fair Debt Collection Practices Act, however, Defendant is not in possession of many of the documents which would be pertinent to this allegation. WHEREFORE, Defendant demands judgment in his favor and dismissal of Plaintiffs Complaint with prejudice. MARTSON DEARDORFF WILLIAMS & OTTO By CA George alley, Jr., Esquire I.D. Number 49813 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant Date: August 15, 2000 Cre red: 08/11/0010:05:41 AM Revised 08/11/0010: 06: 34 AM VERIFICATION The foregoing Answer with New Matter to Plaintiff's Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Michael Mattesky CERTIFICATE OF SERVICE I, Nichole L. Myers, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Defendant's Answer with New Matter to Plaintiff's Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Valerie Rosenbluth Park, Esquire PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 MARTSON DEARDORFF WILLIAMS & OTTO By ?) f0t-U-4\ YYIM,e/ Nichole L. Myers Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 15, 2000 ? G <` e T r f :DO C. toy ??,-: 7? ? -G F?a? G 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 Plaintiff VS. MICHAEL E. MATTESKY Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION-LAW NO. 00-5080 CERTIFICATE OF SERVICE Valerie Rosenbluth Park, Esquire certifies that she is the attorney for the above named Plaintiff in the instant action and that on August 24, 2000, she served a true and correct copy of Plaintiff's Response to Defendant's New Matter, by mailing the same by U. S. Mail, postage paid, to the person and at the address set forth below: Attorney for Defendant Nichole L. Myers Martson Deardorff Williams & Otto Ten East High Street Carlisle, PA 17013 PARK LAW ASSOCIATES, P.C. BY: VAL E (._? ?.?. 2 ?? +} rot"-=- ,,°? ?-? ' : ?_ ?:`m ., f , _ .? ? r ?:? -Z ? ??' J ' T, 7 ?? i Y :j`? f . ,-ACC: ? ?' ?? ? ? L f VALERIE ROSENBLUTH PARK, ESQ. ATTORNEY I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P. 0. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF FIRST SELECT CORPORATION Plaintiff VS. MICHAEL E. MATTESKY Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL ACTION-LAW NO. 00-5080 PLAINTIFF'S RESPONSE TO DEFENDANT'S NEW MATTER 13. Plaintiff incorporates Paragraphs 1-12 of its Civil Complaint as if the same were set forth herein at length. 14. Denied. The allegations in this Paragraph are denied as Conclusions of Law to which no response is required under Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in favor of Plaintiff, First Select Corporation, and against Defendant, Michael E. Mattesky, for the amount requested in Plaintiff's Civil Complaint. Respectfully submitted, PARK LAW ASSOCIATES, P.C. BY: V ERIE ROSENBLUTH PARK, ESQ. COMMONWEALTH OF PENNSYLVANIA COUNTY OF BUCKS Valerie Rosenbluth Park, Esquire, being duly sworn according to law deposes and says that she is the attorney for the Plaintiff in the forgoing matter; that she is authorized to take this Affidavit on its behalf; and that the facts contained in the foregoing Pleading are true and correct to the best of her knowledge, information and belief. Valerie Rosenbluth Park, Esquire further understands that false statements made herein are subject to the penalties of 18 Pa.C.S., §4904, relating to unsworn falsification to authorities. VALE E ROSENBLUTH PARK, ESQ. n ` a CD 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. MICHAEL E. MATTESKY TO THE PROTHONOTARY: Defendant : NO. 00-5080 SUGGESTION OF BANKRUPTCY Kindly note that it has been suggested that the Defendant in the above-captioned matter has filed a Petition of Bankruptcy in the United States Bankruptcy Court for the Middle District of Pennsylvania filed on 01/08/01, docket #01-00095RJW. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTF PARK, ESQUIRE ATTORNEY FOR PLAINTIFF ? ? ,-t ,, -r -- -?v? rn - - , ZC 1 ' `?' ?C+ "U ::, "'Ti z '? tD