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HomeMy WebLinkAbout01-0852VALERIE 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 CDMBERLAND COUNTY, PENNSYLVANIA FIRST SELECT, INC. Plaintiff VS. DWIGHT E STAMBAUGH MABEL E STAMBAUGH Defendant No. - pza. 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 TA~KE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT }{AVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND 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 TEAT 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#:4168100008610725 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS DWIGHT E STAMBAUGH 2103 FISHER RD MECHANICSBURG, PA 17055-5123 MABEL E STAMBAUGH 2103 FISHER RD MECHANICSBURG, PA 17055-5123 DEFENDANT CIVIL ACTION 1. The Plaintiff, First Select, Inc., is a Delaware corporation, organized and existing under the laws of the State of Delaware and 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, DWIGHT E STAMBAUGH, is an individual who resides at 2103 FISHER RD, MECHANICSBURG, PA 17055-5123, and MABEL E STAMBAUGH, is an individual who resides at 2103 FISHER RD, MECHANICSBURG, PA 17055-5123. 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 4168100008610725. 4. The terms of said account are stated in the documentation attached hereto as Exhibit "A". 5. The Defendants have failed to pay the amount owed in accordance with the account agreement and have failed to pay the outstanding debt as agreed. 6. The Defendants are indebted to the Plaintiff in the amount of $2,085.24 as of 11/11/2000, plus pre-judgment contractual interest at the rate of 21.24% 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 $354.00. WMEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, First Select, Inc., and against the Defendants in the amount of $2,085.24, plus pre-judgment interest at the contractual rate of 21.24% per annum from 11/11/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $354.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT I- ALTEP~NATIVE 8. Plaintiff hereby incorporates paragraphs 1 though set forth in full. 9. The Defendants received a monetary benefit, appreciated by the Defendants. through 7 above as which was in fact 10. The Defendants accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendants 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 Defendants to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendants 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 Defendants in the amount of $2,085.24, plus pre-judgment interest at the contractual rate of 21.24% per annum from 11/11/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $354.00, 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. V~RIFICATION HEATHEt K0 RF ,4AiN declare that: I am Designated Agent of FIRST SELECT, INC., the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. Z 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 Date the State of California. Designated Agent ,, FIRST SELECT EXHIBIT IMPORT. ANT EEGAL NOTICE Federal law gives you 30 days after you receive this letter to dispute the validity of the debt or any pea of it. If you do not dispute the validity of the debt, or any part of it, within that p,tied, we will 0ssume that the debt is valid. If .y. ou dispute the debt or any part of it, in writ.~.g--~y ?ailing us a nqtice to that effec~ on ?.before the 30th day following the date you received this letter--we will obtain and mad to you proof(verification) of the debt. And ~f, unthin the same p~ned, you request m writing the name and address of the original creditor (if different from the current creditor), we will furnish you with that information too. If we do receive a timely written notice, all efforts to collect this debt will be suspended until we mail any required information to you. Your right to mail us a written {~otice of dispute lasts until the 30th day following the day you receive this letter. We will wait until sufficient time has elapsed for us to be able to receive a written notice of dispute ~r~m you---even if you mail it on the 30th day following the date you received this letter--before referring your account to an attorney in your state to file suit against you should ~t be necessary. The purpose of this communication is to collect a debt; any information obtained will be used for collecting the debt. ACCOUNT AGREEMENT Your BANK OF AMERICA account h~ been transferred to First Select. Your BANK OF AMERICA account was closed at the time of this transfer and will therefore continue to be closed. This Account Agreement contains the tem~ that govern your Fimt Select account (the "Accotmt"). In this Agre~n~nt, "you" and "your" mean each person who is liable for payment on thc Account. "We," "our," and "us" mean Fii~t Select or its assignees. Because your Account has been transferred to us, you are now obligated to repay the Account to us instead of BANK OF AMERICA. Iftbe Account was op~ned as ajoim account, we may act on the inshmctions of any joint account belden Pa~nnents/Finanee 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 your A~ount's Annual P~reentage Rate divided by 365. The Annual Percentage Rate will be calculated as discIosed in your most recent BANK OF AMERICA account tertm (the "Original Terms"). If your Original Terms provided for different Annual pe~entage Rates to be applied to different components of your outslaliting balance, we will apply the lowest such Annual Percentage Rate on your entire outstanding balance. We may accept late or partial payments, or payments marked "paid in gall" or marked with other restrictions, without losing our right to collect all amounts owing under this Agremnent. You may ~k First Select to pay your Account by debiting your checking or savings account, First Select will first veri~ your identity and eligibility for this service. You may revoke your authorizntinn by writing to First Select Customer Service. Fees. We will charge your Account a fee for each billing cycle w/thin which your Account is delinquent (late cberge). 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 state of residence, whichever is lower. We will charge your Account a fee for each returned payrnent check (returned check charge). The amount of the r~urned check charge wig be as disclosed in your Ot/ginal Terms, or the maXtmum returned check charge permitted by the law of your state of residancc, whicbever is Iower. To the extent provided in your Original Terms and to the ex'tent permitted by applicable law, in addition to your obligations to pay the outstanding balance on your Credit Reporting: Personal Information. 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, bt ordar to disppte any im~orrnation we are repotting about your Account, you must v, rite to us at the following address: First Select, P.O. Box 9104, Pleasanton, California 94566. We may share information with our affiliates, incindin~, without ]imitatiov~ Providian Na~intlal Bank and Providian l~ank, However. you may write to utat any time instr~Jcti~ us not to share credit information with our affiliates. YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE This notice contains important information abeut your fights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Btil If you think your bill is wrong, or fi`you need more information about an ent~ on your bill, write us, on a separate she~, at the following address: Fimt Select, P.O. Box9104, Ple~santon, Calfi`omia, 94566. Writctous aa soon as possibD. Wemusl hear from you no later than 60 days after we sent you the £tr~ bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In the letter, give us the following: -- The dollar amount of the suspected error. -- A description of the error and an explanatinn' if gnssible, of why you believe there is an error. If you need more information, des~rib~ the item you are not sure about. Yonr Ri gin~ and Our Responsibilities At~r We Reeelve Your Wr~sten We must ackl~owiedgu your letter within 30 days, unless we have corrected the error by them Within 90 days, we must either correct the ~rror or explain why we believ~ th~ bill was eorr~t. After we r~eive your letter, we cal~not try to collect or repor~ you a~ dalinqumtt as to any araount you q~estlon, including fillance charges. We ca~ apply any unpaid amount again~ your credit line. You do not haws to pay any questioned art/cunt whiD w~ arc investigating but you are still obligated to pay the paris of the bill that are not in question. lfwe tied that we haw 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 s~ed you a slntement of the amount you ow~. And the date that it is due. If you fail to pay the mnount we think satis~ you and you ~rite to us within I0 days telling us that you still refus~ to pay, we must tell anyolle we report you to that you question your bill. And we must tell that tbe matter bas been sanled befween us when if fmaily is. Ifwe do ncr fogow tbes~ rules, we cannot collect the first $§0 of the que~ioned amount even if your bill fipectal Rule for Credit Can~ Purchases If you have a problem with the quality of goods and services that you purchased with tYhO u r BANK OF 32vlERICA credit card and you have lried in good faith to correct e 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 fight: (a) you must have miles of your current mailing address; and (b) the purchase price must have been more than $50. These limitations do not apply if either w~ or BANK OF AMERICA own or operate the merchant, or we or BANK OF AMERICA mailed you the advertisement for the property or services. SHERIFF'S RETURN - REGULAR CASE NO: 2001-00852 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS STAMBAUGH DWIGHT E ET AL DAVID MCKINNEY , Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE STAMBAUGH DWIGHT E DEFENDANT at 0019:23 HOURS, at 2103 FISHER ROAD MECH31NICSBURG, PA 17055 MABEL STAMBAUGH a Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 21st day of February , __ by handing to together with true and attested copy of COMPLAINT & NOTICE 2001 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.20 Affidavit .00 Surcharge 10.00 .00 34.20 Sworn and Subscribed to before me this 2[ O~ day of ! i~rothonot ary So Answers: R. Thomas Kline 02/22/2001 PARK LAW ASSOCIATES Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2001-00852 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS STAMBAUGH DWIGHT E ET AL DAVID MCKIN-NEY , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE STBJMBAUGH MABEL E DEFENDANT , at 0019:23 HOURS, at 2103 FISHER ROAD MECHANICSBURG, PA 17055 MABEL STAMBAUGH a Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 21st day of February , by handing to together with true and attested copy of COMPLAINT & NOTICE 2001 and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of ~~ ~(r~/ A.D. rothonotary / So Answers: R. Thomas Kline 02/22/2001 PARK LAW ASSOCIATES 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: 295 MAIN STREET TILTON, NH 03276 DEF: 2103 FISHER RD MECHANICSBURG, PA 17055-5123 4168100008610725 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS DWIGHT E STAMBAUGH MABEL E STAMBAUGH Defendant N0.01-852 CIVIL TERM PEAECIP.~. 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 $2,085.24 $354.00 $163.82 ($0.00) TOTAL $2,313.56 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"y-~ VALERIE ROSENBLUTH PARK, ESQUIRE Attorney for the Plaintiff AND NOW,t%~[. I~ , ~l , Judgment is entered in favor of theo!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 ~7~ PURSUANT TO THE FAIR DEBT COLLECTION PR3~CTICES 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 PLAIN I'IFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 295 MAIN STREET TILTON, NH 03276 DEF: 2103 FISHER RD MECHANICSBURG, PA 17055~5123 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS DWIGHT E STAMBAUGH MABEL E STAMBAUGH Defendant NO. 01-852 CIVIL TERM NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: DWIGHT E STAMBAUGH MABEL E STAMBAUGH 2103 FISHER RD MECHANICSBURG, PA 17055-5123 DATE OF NOTICE: 3/14/01 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 TI-IIS 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, 4th FLOOR CARLISLE, PA 17013 (717) 240-6200 PARK LAW ASSOCIATES, P.C..-' VALERqE ROSENBLUTH PARK, ESQ. CCi THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT V/LLERIE 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: 295 MAIN STREET TILTON, NH 03276 DEF: 2103 FISHER RD MECHANICSBURG, PA 17055-5123 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS DWIGHT E STA34BAUGH MABEL E STAMBAUGH Defendant NO. 01-852 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 DWIGHT E STAMBAUGE, Defendant is over 21 years of age; that his/her place of residence/business is located at 2103 FISHER RD MEC~ANICSBURG, PA 17055-5123 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 it~ amendments. PARK LAW ASSO~ES,~~ BY: valerie R~/osen~rk Attorney for Plaintiff El0 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: 295 MAIN STREET TILTON, NH 03276 DEF: 2103 FISHER RD MECHANICSBURG, PA 17055-5123 CUMBERLAND COUNTr. Y COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS DWIGHT E STAMBAUGH MABEL E STAMBAUGH Defendant NO. 01-852 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 A_NY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number: (215) 348-5200. PRQ~'HONOTARY~, . /'~ PURSUANT TO THE FAIR DEBT COLLECTION P~ICTICES 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.