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HomeMy WebLinkAbout01-0855VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestow~, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, DORIS TASKER INC. Plaintiff VS. Defendant 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. 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 THAT PURPOSE. VALERIE ROSENBLUTH PARK ATTOR/qEY 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#:4168100010417705 CUMBEP. LAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 VS PLAINTIFF DORIS TASKER 40 VICTOR DR MECHANICSBURG, PA 17050-2914 DEFENDANT CIVIL ACTION 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, DORIS TASKER , is an individual who resides at 40 VICTOR DR MECHANICSBURG, PA 17050-2914, 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 4168100010417705. 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 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 $5,105.94 as of 09/07/2000, plus pre-judgment contractual interest at the rate of 24.00% 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 $8,686.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $5,105.94, plus pre-judgment interest at the contractual rate of 24.00% per annum from 09/07/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $8,686.00, 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 JudgTaent be rendered in favor of the Plaintiff, First Select, Inc. and against the Defendant in the amount of $5,105.94, plus pre-judgment interest at the contractual rate of 24.00% per annum from 09/07/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $8,686~00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. ~ 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 A~ ATTEF~PT TO COLLECT A DEBT. ~ I~]FORMATION OBTAI~D WILL BE USED FOR TF~AT PURPOSE. VERIFICATION z, HFATHFR KOORFMAN , 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 AlamedaCounty,~~~/~~ California. Date Designated Agent =XHIBIT , . ----- F]RST SELECT IMPORTANT LEGAL NOTICE Federal.law give~ you 30 days aRer you receive this ester t~ d sputa the validity of the debt or any part of it. If you do not te the validi that period, we will assume that the debt is valid, ffvou dianuta the deb* or ........ e:, :- ...~,. ...... dispo ty of the debt, or any part of it, within da3e. yo,u rec.e?ed.thi3, letter--we will obtain and m~! to yot~ proof (v~i~ g~'~o'~} %Tt~'J;b~: '~'~.g~w i~Y i nm'~h l~.m~g 2s a npti~ to that eft'eR on ~r.bnfore the 30th day followin§ the ongmai credRor (if different from the curr~nt creditor), we will furnish you wit~ that/nfotrnati~-to~ "~f~ ~" ~s~ele~n.P~n~ ,i°~ ?u r~yeat a] writing the nam, and address of the Thc purpose of this communication is to collect a debt; any information obtained will be used for collecting the debt. ACCOUNT AGREEMENT _ Your CHASE account has been transferred to First Select Your CHA~E account suC~eb~ _bl~i.gation, a...neget/v.e credit mpo~ rcfleoting on your ~redit record may be wa~d°aedatthethneofthistranaferandwilltheteforecontinuetobeelosed. This ~.ot~eja~o~ean ,reporting agency- Inoydertodisputeanyinfonna~onweare Account Agreement contains the term~ that govern your First Sale~t a~oount (the "Account"). In this Agreement, "you" mad "you~' mean each person who is liable for l~ on the. Account* "We," "our," and 'his" mean First Select or its assignees. ~ your Account has b~m tramfe~ed to us, you sre now obligated to repay the Account to us histaad of CHASE. If she A~couut was opened as a jo/ut a~couut, we may act on the instmations of any johit account holder. Paymeuts/Flnance Char~es. As long ~s you have a balance out~a.nding on your Accouut, finance charges are calculated as follows: To fi~ure the finance charges for ~aab billing cycle, we multiply the average de/Iy y ~ount s Annum Percentage Rate dpaded by 363. The Annual Percentage Rate will be calculated as disclosed in your most receut CHASE accouut ten-~ (the Selec% P.O. Box 9104, Pleasauton, California 94566. We may shar~ information with our affiliat~.inclu~inz without I/mitat/c~ Providian National Bank and share c~clit i~ormatinn with our sffili~t~ YOUR BILLING RIGHTS - K~Ep THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responalbilitiss under the Fair C~iit Billing ~ Nott~ Us in Ca~e of Errora or Questions About Your Bill If you think your bill is ',won& or if you need more infonaaation about an entry on your hill, write us, on a separata sheet, at the following address: First Select, P.O. Box 9104, Pleasanton, California, 9456g. Write to us ~ s~on as possible. We must l~es 'tgi~aio b Tern?'). If .y?r Original Terms provided for d/ffereut Annual Percentage aoo -',, _o,e. __app~hed t,o .c~ere~.. components of your outstanding balance, we will oh$~o~bl~mYaOoU no l~r, .than 60 ~a,ys ~ we sent .you the ~ bill on which thc error ppyul~ owestsucn RnnualpercontageRateonyoureut~teoutstandhigbalance. r/ghtsp,~, ppearecc x°ucantalepnoneu-% butdomgsowdlnotpreserveyour We rr~y accept late or partial payments or I~'ffnent~ marked 'hiald in fi~Ll" n~ . ..u~_.._d~r_,~/j_s, Agt~men~. You may ask Fu'st Select,t~oayyour4ke~luut by dchitin~ .... -- Your name and,AL'c~ numbef~ .......... , - .. ! :~ ~,,: y;fu.r.~eC?g~rs$,v~gsaccount. FiratSalectv/illfu,stverifyyouridontityand~ - '. ":-'~"Tl/i. dailarah~60nt6f~b~ct~derror: eo~l~ty .f°r this.?~lce. You may revoke your authodzatinr~ by lr~rign§ t6 I.Timt . ~ ..~. deacription ofthe error and Im exolanafimt {f ~,ibi · nquent (latecnarge), Theamouut ofth.¢ ~t~-~dlibea$ .......... Y°xWRights~dOm,~esImnaiblllflesAlterW~tk~.zlv disclo6edmy4UrOriglnalTenmorthemaximu--,-, _~-___ Z. ,- ; ; .... ' ,. ;... ~'~lr.'~Vritton~Iotice c~.~ ~ge y°ur .A?..°uut a fee for each reutmed .p..ayment check (returned check the bill was correct After we rece/ve your leV-er, we cannot t~y to collect et report state of realdence, whichever is lower. To the extent provided in your Orlolnnl Terms and to the extaut ponnitted by applicable law, in addition to your~bligafions to pay the outstanding balance on your colA~lectim~ plu~imereat a. nc~ f? ~ dis¢lc~ed hereto, we may also charge you for any ,~.aon c~sts we recur, mcmding but not limited to reasonable attome-/s fee~ and O OOSlS. If your Orlgtoai Tem~ provtded for an award of attorney's fees and ~vU~al~,~ ~.provis!on as.inco..~rated ~ shall apply i~eiproeally 'o the ~' ~ ' s P~ ~Y m any tawmtt arising out of tl~s Agreement. Non-Waiver of Certain Rights. We may delay or waive ~forcement of any prov/sinn ofshis Agreement without losing our right to enfome it or any other ptovisinn later. Apl~icable Law, $everability, Assignment. No matter where you live, this pq~l~oO~de ~il~n~t whil, .we are hiv?qigat hi& but you are :gill obligated to pay the ~£md. that we, have rtmde a mls~e on your bill, you will not have to pay any ce calarge related to any queshoned at~. unt If we did not mske a mistske, may have to pay £mance charges, and you ~lll have to mske up the m~$ed ~on~ ~o.~.t ~ ~ither ~e, ,~ wiil~d yon a ~at~ oft~ wS~e 's_~.. ~yo. ~u,,~_ d you v~ite to us within 10 days telling us that you still r~use to pay, that the matter ha~ been settled between us when iffinally is. If we da nut follow e ~A~.. _ ~emf n~t an.cl, your ,.Account ar! governed by federal law ~d by ~ law of ~e rata w~ co~ l~ten ~ ~e a~ncabla law m your ~1 T~. ~yo~ ~1 T~ ~d Sp~ R~e for Cr~it Card ~te,, ~,~ ~ ~*' YOu SUCh n°u~ °Y ~lmg a fm~cmg ~t~eut wl~ ~e me~ or we or CH~E roiled you ~e a~ e__ ,,- ~mto~y Se~e~ For gep~al qu~om reg~Mg y~u? Fire $ele~ ~onnL SHERIFF'S RETURN - CASE NO: 2001-00855 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS TASKER DORIS REGULAR JASON VIOP~AL , Cumberland County, Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 15th day of February by handing to together with says, the within COMPLAINT & NOTICE TASKER DORIS DEFENDANT , at 0020:09 HOURS, on the at 40 VICTOR DRIVE MECH3kNICSBURG, PA 17055 DORIS TASKER a true and attested copy of COMPLAINT & NOTICE 2001 and at the same time directin~ Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.82 Affidavit .00 Surcharge 10.00 .00 34.82 Sworn and Subscribed to before me this 2~ ~ day of So Answers: R. Thomas Kline 02/16/2001 PARK LAW ASSOCIATES By: ~~ri~~ 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, INC. Plaintiff VS. DORIS TASKER Defendant : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : NO.01-855 CIVIL TERM SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: Kindly note that it has been suggested that the Defendant in the above-captioned matter has filed a Petition of Bankruptcy on March 6, 2001 in the United States Bankruptcy Court for the Middle District of Pennsylvania case number 01-855 Civil Term. PARK LAW ASSOCIATES, P.C. VAL~R/I/E ROSENBLUTH PARK, ESQUIRE ATTORNEY FOR PLAINTIFF L. MARLIN EBY, Plaintiff LINDA K. EBY, Defendant : IN THE COLrRT OF COIV~vlON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 00-6443 CIVIL ACTION - LAW IN DIVORCE/CUSTODY PETITION TO WITHDRAW APPEARANCE Susan M. Kadel, Esquire, hereby respectfully petitions fhis Honorable Court for Leave to Withdraw her Appearance as counsel for the Defendant, Linda K. Eby, and, in support thereof, avers as follows: 1. Petitioner is Susan M. Kadel, Esquire. 2. Respondent is Linda K. Eby. 3. Petitioner was retained by Respondent on or about February 11, 2003 to represent her in a domestic relations matter. 4. Petitioner has undertaken such representation but is unable to continue for the following reasons: a. Respondent has failed to reply to Petitioner's communications with her. b. There has been a serious failure of comm~mication between Petitioner and Respondent. c. Respondent by her conduct has rendered it unreasonably difficult for Petitioner to carry out her employment effectively by failing to communicate with her. Withdrawal is allowed under Rule 1:16(b)(5) of the Rules of Professional Conduct. d. Petitioner has communicated to Respondent that she intends to withdraw as counsel for Respondent and Respondent has failed to reply to that letter. Respondent has indicated that she is retaining new counsel, however, that has not yet occurred. A tree and correct copy of said letter is attached hereto as Exhibit "A". WHEREFORE, Petitioner respectfully requests leave to withdraw her appearance as attorney for Respondent. Date: Respectfully submitted, x-Sasmy~l. Kadel, Esquire James, Smith, Die~Ierick & Counelly P.O. Box 650 Hershey, PA 17032; (717) 533-3280 Attorney I.D. No. 4.4837 VERIFICATION I verify that the statements made in this Petition are true ~md correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: Srusan~/~. Kadel, Esquire Petitioner Exhibit "A" JAIv~; SMITH Dm~ xmuCK & CONNELLY LLP Sumu M. Kad~l FAX 717.533.7771 April 21,2004 Linda K. Eby 2714 Cedar Street Mechanicsburg, PA 17055 Dear Linda: I am writing to confirm our telephone conversation of April 21, 2004. You advised me that you would be seeking new counsel to represent you in this case. As I advised, we are at a point in the case where things will be moving rather quickly and I believe that time is of the essence in retaining new counsel. I will certainly advise you ifI receive any further communication fi:om Attorney Irwin or the Special Master in this case. I would ask that you have your new counsel forward a Praecipe to withdraw my appearance and enter their appearance at their earliest convenience. I will cgrtainly provide you with all relevant portions of your file and will be happy to discuss any aspect of the case to ease the transition to new courtsel. I look forward to hearing from you. Susan M. Kadel 134 SIPE AVENUE MU MMELS'! OW[q, P~ 17036 MAILIHG ADDRESS: P.O BO)( 600 OFCOUNSEL: SMK:hsd J~v~s S~mTH Dml ~C:K & C01XrN~LLy kLP Susan M. I~dol May 19, 2004 HAND DELIVERED Linda K. Eby 2714 Cedar Street Mechanicsburg, PA 17055 Dear Linda: It is my understanding that you have hired Christopher Mmges, Esquire, to represent you in the support, divorce and custody actions which have been filled in Cumberland County. I am releasing your file to you, however, I do not yet have any indication from Attorney Menges that he will be representing you in these matters. I have enclosed copies of three (3) Praecipes withdrawing my appearance and entering his in the aforementioned actions. I would ask that you provide these to Mr. Menges at your earliest convenience so that he may sign them and file them with the court. I would appreciate receiving copies of the filed documents for my records. I wish you well in your future litigation and would like to reiterate that ifI can be of any assistance to Mr. Menges as he prepares your case, I would be happy to do so. Sincerely, SMK:hsd OF COUNSEL: Enclosures L. MARLIN EBY, Plaintiff V. LINDA K. EBY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 00-6443 : CML ACTION - LAW : IN CUSTODY PRAECIPE TO WITHDRAW AND ENTER ,APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel for the Defendant, Linda K. Eby, in the above- captioned action. Date: Susan M. Kadel, Esquire James, Smith, Dietterick & Connelly Post Office Box 650 Hershey, PA 17033 (717) 533-328(I PA I.D. No. 44837 TO THE PROTHONOTARY: Please enter the appearance of Christopher N. Menges, Esquire, on behalf of the Defendant, Linda K. Eby, in the above-captioned action. Date: By:. Christopher N. Menges, Esquire Menges, Gent & McLaughlin 145 East Market Street York, PA 17401 (717) 843-8046 L. MARLIN EBY, Plaintiff LINDA K. EBY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLANT) COUNTY, PENNSYLVANIA : No. 00-6443 : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO WITltDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel for the Defendant, Linda K~ Eby, in the above- captioned action. Date: Susan M. Kadel, Esquire James, Smith, Dietterick & Connelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 TO THE PROTHONOTARY: Please enter the appearance of Christopher N. Menges, Esquire, on behalf of the Defendant, Linda K. Eby, in the above-captioned action. Date: By: Christopher N Menges, Esquire Menges, Gent & McLaughlin 145 East Market Street York, PA 17401 (717) 843-8046 LINDA K. EBY, Plaintiff LLOYD M. EBY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC KELA3~IONS SECTION PACSES Case No. 292104525 No. 436 SUPPORT 2002 PRAECIPE TO WITHDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as counsel for the Pl,~ntiff, Linda K. Eby, in the above-captioned action. Date: . ./~ /~ ~0o? By: Susan M. lLadel, Esquire Jmes, Smith, Dietterick & Connelly Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 44837 TO THE PROTHONOTARY: Please enter the appearance of Christopher N. Menges, Esquire, on behalf of the Plaint/fi, Linda K. Eby, in the above-captioned action. Date: By:. Christopher N. Menges, Esquire Menges, Gent & McLaughlin 145 East Market Street York, PA 17401 (717) 843-8046 JAMI.~ SM1TH Dm~ .t m,,~CK & CONNID~y LIP June 1, 2004 Su~an M. Kadel ~maik ~ F&X 717.533.7771 Christopher N. Menges, Esquire Menges, Gent & McLaughl~ 145 East Market Street York, PA 17401 Re: L. Marlin Eby v. Linda K. Eby Dear Mr. Menges: I am writing to inquire as to the status of the above-captioned matter. On May 19, 2004, Ms. Eby picked up her file at my office and indicated that you would be representing her in the support, divorce and custody actions. At that time, I provided her with three (3) praecipes withdrawing my appearance and entering your appearance in the atbrementioned actions. I had not heard anything fi:om you since that time and I was simply inquiring as to the status of the entry of appearance. I look forward to hearing fi:om you at your earl/est convenience. SMK:hsd Susan M. K2del 134 S[PE AVENUE RUMMELSTOWN, p~ MAILING ADDRESS: P.O. BOX 650 HERSHEY, PA 17033 WWW JSDC.COM GARY L. JAMES . MAX d. SMITH, JR JOHN d CONNELLY, dF OF COUNSEL: MANLEY DEA$ & KOCHALSKI, LLC COLUMBUS, OH cc: Linda K. Eby L. MARLIN EBY, Plaintiff LINDA K. EBY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 00-6443 : : CIVIL ACTION - LAW : IN DWORCE/CUSTODY CERTIFICATE OF SERVICE I, Susan M. Kadel, Esquire, of James, Smith, Dietterick & Connelly, LLP, attorney for the Defendant, Linda K. Eby, hereby certify that I have served a copy of the Petition to Withdraw Appearance on the following on the date and in the manner indicated below: U.S. MAIL, FIRST CLASS, PRE-PAID Harold S. Irwin, III, Esquire Hitner House, Suites 201 and 20,2 35 East High Street Carlisle, PA 17013 Linda K. Eby 2714 Cedar Street Mechanicsburg, PA 17055 DATE: JAMES, SMITH, DIETrERICK & CONNELLY Attomey for Defendant Post Office Box 650 Hershey, PA 17032; (717) 533-3280 PA I.D. No. 44837 2O04 L. MARL1N EBY, Plaintiff LINDA K. EBY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 00-6443 : : CML ACTION - LAW : 1N DIVORCE/CUSTODY RULE AND NOW, this ~.~ day of ~-V..__~. ~_ , 2004, upon consideration of the Petition to Withdraw Appearance as counsel for Defendant, Linda K. Eby, a Rule is hereby entered upon Defendant to show cause why the Petition should not be grmated. Rule returnable ......... , ...... da;,' eft- ., ~,,u.,. BY THE COURT: