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HomeMy WebLinkAbout01-7108VALERIE 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS. LEONA MANNING Defendant NOTIC~ NO. -- 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. CUMBERI2LND COUNTY BAR 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 ACT#:4168100018854651 CUMBERLAND COUN'I'~ COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 VS LEONA MANNING 85 W MAIN ST NEW KINGSTOWN, PLAINTIFF PA 17072-0000 DEFENDANT 1. The Plaintiff, CIVIL .,ACTION First Select, ~Inc. is a Delaware coI~oration 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, LEONA MANNING , is an individual who resides at 85 W MAIN ST NEW KINGSTOWN, PA 17072-0000, 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 4168100018854651. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 $2,750.84 as of 11/16/2001, plus pre-judgment contractual interest at the rate of 18.00% 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 $467.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $2,750.84, plus pre-judgment interest at the contractual rate of 18.00% per annum from 11/16/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $467.00, 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 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 $2,750.84, plus pre-judgment interest at the contractual rate of 18.00% per annum from 11/16/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $467.00, 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. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. SUSAN COWHERD VERIFICATION , declare that: I am a Designated Agent of FIRST SELECT, INC., 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 Jefferson County, in the State of Kentucky. Date Designated Agent 5040 JOHNSON ORWE P.O. BOX 9104 Pt. EASANTON, CA 94566 888-964-4000 EXHIBIT ACCOUNT AGREEI~tENT FIRST SELECT CORPORATION Your DISCOVER account has been tramferred to F~rat Select Corpera6on. Your DISCOVER account was closed a~ the time or this ~ransfer, and will therefore continue to be closed. This Account A~reement contalr~ the terms tha~ ~ovem your F~t Select account (the "Account"). In this AgreemenL "you" and "your'' mean each person who i~ liable .For payment on the Account. "We," "cur," "our~" and "us" mas. n Fks~. Select Corporation cf ils assiSness. Be~'~,,_,e your Account has been-,ranmrerted to us, you are now obllgated to repay the Account to us ir-~eed of DLqCOVEIC If the ..Lccount was opened as ajcint eccount, we may act on lhe ins~uctlous of any joint accountholdet. PaymenLm / Flounce C~ar{ee. AC rung m you h~vc a baianco outsmudin8 on your Account, fu~qce charges ate calcula~d am. follows:. apply is your Account's .~inual Percent~e Rate dimded by 365. Tho Annual percentaSe Jc~te ~ ce osicuiaten as inscmsen in your moat recent LJlaUkJ v account terms (the "Original Terms"). Iffyour 0rigLnal Temts provided for diff,,,,,~ Annual percentage I~-,-* to be applied to different components otyour ouLstandin8 balance, we will apply the lowest such Annual Pereento~e Ram to your entire outstanding balance. We inay accept Into or parti~ payments, cf paFments marked "paid in tull- cf marked with other re~aictious, without losing cur right to collect all arouunLs owing under this A~r~.'ment Fees. We will cha~go your Account a fee fur. cech billing cycle wl .ti~n wh{ch your Account is de~,;qu~.t 0ate .c~...ga)..The. amount of the late charge will be os dbclosed in your Original Terms or the ma.,umum late charge pemuued by the law of your sram orrem~ence, wincnever ~ inwer. We will charge your Account a fee for each returned payment chec.k (returned check charse). The am.o. unt of~.e..return .ed .ch~k ch~g~ will be u disclosed in your Or{gloat Terms, or the maxu'num returned check charge penmtted by ~e law of your state of tin,deuce, wmcaever is lower. . AcCOunL plus mterast and fees .as.dmcieeed hereto? 'we may also charge you lur any couect~on costs we ~cur, in~ ~. 8' - .... ~ ~-ereln shall ---l" 'la '~ and court com. If y..o.ur Ori~,-.~! Terms pro~de.d.~r an a .v~.. or ~tomeTs' fees and court co.-u, suou provmun as mcurpur,,~, -~ reciprocally to the prevadin8 party m any law,JuR arising out of this A~resment. ' Non-1~Valver of Certain Rl~hte. Wo may de[ay or ~,wlvo enfcfcement of any provision of this Agreement without losing our righl to enforce it or any other provision later. Applicable Law;, S,.v.erabURT; .A~ignme~. ~ No maxtor where ~ I!ve: this A~'...e~'n. t and.your Acius. t, ~,,, guy _e__m__._ed:_b_y .f,.ed__eri[!a,w_an_ d__by~.th.e_~aUotfr the state dasi~ated = the applicable [aw = YOUr Ori~inal T~en'os. If your. Oti.~inat. ter?. ina not con .~n a~ a .ppucame jaw p,T,__v~.,un, u~a~. ~u~.~.._~_~ .~.,_~.m _~, Account are governed by federal law and thc law oryour sum of residance...This _ .Aide. ement ~s a z.m~ ?p. re~. i .on ~t '~r ~; '~i'~n '~'ccl'-'d]i~[ t'~ -c-~o ~:~ to--'apph'~abie l.aw,-and the ~ 0.~ :d~e p .rov~iom in thc-Agreement will.still be.enforcasble.. We may trans.fer m' a~i~cgchOUt.~tt to ail or som~ of your payments..IrstMc law requtres that you receive noRce of such an event to protect t~e purouamer ur asmgr~ce, we may g~ve you ~u n nc~uc by filing a financing statemen~ with the state's .qecfeto~ of Slate. Credit Reportin:. If you ~al!.Io fulfill the terms o. ryour credit ~b~gafion, a negative credit report retie .c~g on yo,.r, er?.i.t rec. cfd .nm.y ~ ~.b~i~e~de~to a .c~edk. reportinI agency. In order to d~puto any '_u~'..~_ .~. we are repcf~mg about your Accoun~ you mu.~ ware to us a~ ~ tonowm8 aouress. ~r~ a Ccfpcf~ion' P.O. Box 9104, Ple~s~ntou, California, 94166. . YOUR BILLING RIGHTS - K~F.p THIS NOTICE FOR. I~UTURI~ USE This oo6ce coe~alm important informa~o~ about your righLs and our raspomibiil';os under the Fair Credit Billing Act Notify. Us in Case of F. rcor~ or Questions About Your Bill If you think y~, bill is ,won, or if you need more information ~bou, an enh'y on ..~u. r .bj},. write, us, o,na ,ep...a~_~_e ,sh~_tl~,~fo~l.l.o~n~!, wea~s~:t fiT~ee ~t bill Corpcfatlon. P.O. Box 9104, Pleasa~ton, CA 94J66. Write to us as soon a~ posstme, we musl near =om you m, ~,~ u~,, -- '~I' '"" ..... on which tho error or problera appeared. You can telephone us, but doint so will not preserve your rights. In you~ leV. er, ~ive us the rdilowin~ ~ Your name and Account cumber. · The dollar amount ortho suepectod error. · Describe the err~ and explain, if you ~ why you believe there is an error. If you need more information, describe the item you cfc not sure about. Your Rilht~ and Oar RespomibUIUee AP. er We Receive Your Written Noltce We must acknowledge your letter within 30 deye, unless we have corroded the en~r by then. Within 90 da~, we must either corre~ the error or explain why we believe the bill was cen~ct. ARer we receive your letter, we cannot try to collect or report you os delinquent as to ~y ,a~.. cunt you. qu~t. ion'.inci.ud.'m_s charee~. Wecanal~lyenyunpaldamountagaimtyoutcreditline. Y P Y Yq obligated to pay tt~ 'pL, ls of Ibc bill tau are rot in question. If we ['md that we medea mlslake un your bi.~ you will not have to pay any finance charge relate~, to any questio.ned..wnounL Ii'we .d!.d notmZea may have to pay i'u~nce chersee, and you v~.ll have to make up the ~ payrnenL1 on the quc~oned amount, m miner case, we w}u sana ~ tho amoun, you owe and the da,e that it ,s .d.u.e. If you tall t.o p,y the amenn~..we ~ you owe, we may,.report you as del~mq~,u~n, ~ doer not sat si'y you and you V, Tite to US within 10 da.y$ tellin~ us that you stul remse to Pc.Y, we must tell anyone we reP°" ~ ..... :" ~--~--w*. And we must tell you the namo of anyone we reported you to. We inuat te. tl anyone we report, you to ~a.t the cmaom~..~hu been sortied eetween us when ,t unauy ,s. If we do not follow these rules, we canoo~ collect the first $~0 of the que~Uoued amount even if your bdl was crre Special Rate for Credit Card Purchases If you have a problem with the qtmlity of goods and ser~ee~ that you purchased with your DISCOVER credit curd and y.o.u .bav. c ~ed }.n. go.od..f, ai?Jo CO~TeCt.tbe problem wkh thc merchant, you may not have to pay the renum~mnst ~nount du? o.n the goo.ds or .sec'tees. t nero ~..e ._t~.oJ~.u~u_.~t. ~_~ns ~t,.o, .m~s we rDISC o~ crc eratc the merchant, or rwc or DISCOVER mmicd you the h~ve bean mote than $50. These limitations do not apply if¢i~her o OVER ~ p · dver~isement fcf the propeCy or services. Z5as 7-7 SHERIFF'S RETURN - REGULAR CASE NO: 2001-07108 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS MANNING LEONA DOUGLAS DONSEN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon M3~NNING LEONA the DEFENDANT at 85 W MAIN ST at 1434:00 HOURS, on the 26th day of December , 2001 NEW KINGSTOWN, PA 17072 by handing to LEONAMANNING a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.90 Affidavit .00 Surcharge 10.00 .00 31.90 Sworn and Subscribed to before me this ~ day of ~ ~%~3 , A.D. ! ~rothonot ary i So Answers: R. Thomas Kline 12/26/2001 PARK LAW ASSOC 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 I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 85 W MAIN ST NEW KINGSTOWN, PA 17072-0000 4168100018854651 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS LEONAMANNING Defendant N0.01-7108 CIVIL TERM PRAECIP~ 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 $2,750.84 $467.00 $99.03 ($0.00) ($0.00) $3,316.87 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 a~d i~-~ VALERIE ROSF~N~LUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW, F~j_~9_~j~ , %~Dzg~ , Judgment is entered Defendant by Default in favor of the Plaintiff ~nd for want of an Answer and damages assessed in the sum set forth in the above certification. P~OTHONOTARY 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'I~ PAR~ ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATrORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 85 W MAIN ST NEW KINGSTOWN, PA 17072-0000 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. VS LEONA MANNING Plaintiff Defendant NO. 01-7108 CIVIL TERM NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: LEONA MANNING 85 W MAIN ST NEW KINGSTOWN, PA 17072-0000 DATE OF NOTICE: 1/16/02 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 ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4t~ FLOOR CARLISLE, PA 17013 (717) 240-6200 PARK LAW ASSOCIATES, P.C. BY: VALERi~E RO~BLUTH PARK, ESQ. cc: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT 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: 85 W MAIN ST NEW KINGSTOWN, PA 17072-0000 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS LEONA MANNING Defendant NO. 01-7108 CIVIL TERM 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 LEONA MANNING, Defendant is over 21 years of age; that his/her place of residence/business is located at 85 W MAIN ST NEW KINGSTOWN, PA 17072-0000 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 ASB~CIATES, P.C Val~rie Ro-U~nbluth Park Attorney for Plaintiff EiO 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: 85 W MAIN ST NEW KINGSTOWN, PA 17072-0000 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS LEONA MANNING Defendant NO. 01-7108 CIVIL TERM 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 [ ] 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. PROTHONOTARY: .~ ~ PURSUANT TO THE FAIR DEBT COLLECT~'~RA~ICES ACT, IT IS PURPOSE.