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HomeMy WebLinkAbout01-0911VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.Co 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF C05~4ON PLEAS FIRST SELECT, KAREN M HERB INC. Plaintiff VS. Defendant NOTICE NO. 01--' 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 C_A3LLISLE, 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#:4168100011024690 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC, 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 VS PLAINTIFF KAREN M HERB 247 E ST CARLISLE, PA 17013-1322 DEFENDANT NO. 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, KAREN M HERB , is an individual who resides at 247 E ST CARLISLE, PA 17013-1322, 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 4168100011024690. 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 $6,221.82 as of 09/27/2000, 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 $1,057.70. WMEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $6,221.82, plus pre-judgment interest at the contractual rate of 18.00% per annum from 09/27/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,057.70, 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. il. 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 INFORF~TION 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 $6,221.82, plus pre-judgment interest at the contractual rate of 18.00% per annum from 09/27/2000 until the date of the judg~nent herein, plus reasonable attorney's fees in the amount of $1,057.70, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY:~QUiRE 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 ATTF_~PT TO COLLECT A DEBT. ANY INFOP.~4ATION OBTAINED WILL BE USED FOR THAT PURPOSE. V~RIFICATION I, HEATHER KOOREMAN , 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 Alameda Count~~ California. Date Designated Agent FI'RST. SELECT EXHIBIT ACCOUNT AGREEMENT You[ SUN TRUST aCcount has been transferred to First Select Corporation. Your SUN TRUST 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 Ageeemen~ "you" and "your" mean each person who is liable for payment on the Account. "We," "our," "ours," and "us" mean Ffrst Select Coq~oration or its assignees. Became your Account has been transferred to us, you are now obligated to repay the Account to us instead of SUN TRUST. If the Account was opened ss a joint aecoum, we may act on the instructions of any joint accountholdar. Pa~nente / Finance Charges. A~ long aa you have a balance outstanding on your Account, £mance charges are calculated as follows: To figure the finance charges for each billing cycle, we mulfiply the average daily balance on yom' Account by a daily periodic rate. The daily periodic rate we apply is your Account's Annual percentage Rate divided by 365. The Annual P~'eentage Rate will be ealculagd as disclosed in your most recent SUN TRUST account terms (the "Original Terms"). If your Original Terms provided for different Annual Percentage Rates to be applied to different components of your ou~tanding balance, we will apply the lowest such 3amual Percentage Rate to your entire outstanding balance. We may accept lag or pa~ial payments, or payments marked "paid in frdl' or marked with other restri~tinns, without losing our right to collect all amounts owing under this Agreement. You may ask First Select Corporation to pay this account by debiting your cbacking or savIngs amount. First Select Corporation will first verify your identity and eligthility for th/s service. Yea may revoke your authorization by'an/ting to First Select Corporation Customer Service. Fees, We wilI charge your Account a fee for each billIng cycle within which your Accom is delinquent (late charge). Thc amoum of the lag charge will be as disclosed in your Original Terms or the maxunum late charge perimtgd by the law of your state of residence, whichever is lower. We will charge your A~count a fee for each retumdd payment check (returned check charge). The amount of the rammed check charge will be as disclosed in your Original Term~s, or the ma~dmum retumdd check charge permitted by the law of your state of residence, whichever is lower. To the extent l~roviddd in yot~r Original Terms, and to the extent permitted by applicable I~w, in addition to your obligation to pay the outstanding balance on your Account. plus interest and fees as d/sclosad herein, we may also charge you for any collection costs we incur, including but not limited to reasonable attorneys' tees and court costs. Lf your Original Terms in'ovided fbr an award of attorneys' tees and court costs, such provision as incorporated herein shall apply reciprocally to the prevailing pa~y 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; Severabffify; 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. ITyour Original terms did not contain an applicable law provision, then this Agreement and your Account are govemad by federal law and the law of your state of residsnce. Th/s Agreement is a final expression nfthe agreement between you and us and may not be contradicted by evidence of any alleged oral agreement. If any provision of this Agreement is hold to be invalid or unenforceable, you and we wig consider that provision modified to conform to applicable law, and the rest of the pmvisinns in tho Agreement will stilI be enforceable. We may transfer or assign our right to all or some of your payments. Ifsntte law requires that you receive notice of such an event to progct the purchaser or assignee, we may give you such notice by filing a financing statement with the state's Secretary of Stag. Credit Reporting; Personal Information. If you fail to fulfill the terms of your a'edit 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. Boxgl04, Pleasanton, Calithmia, 94566. gztmayt~areinf~rm~tlanwithaur~llot¢tin¢l~tding, wit~utllmltotion, Providian Notion a[ Ban~ an d Pr*~i~an Baal, ~l~*e~r, ~u m~v ~qte ta ut ~ any time in,trueing ta not to tl~r* credit blformntlan ~itl~ om- gO~di~et. 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 Bffi If you thkdc your bill ia wrong,'or if you need more Infom~ation about an entry on your bill, write us, on a separate sheet, at the following address: First Select Corporation, P.O. Box 9 I04, Pleasanton, CA 94566. Write to us as soon as possible. We must hear from you no Inter than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your righte. In your letter, give us the following: · Your name and Account number. · The dollar amount of the suspected error. · Describe the error and explalth if you can, why you belinve there is an erron If you need more information, describe the item you are not sure about. Your Rights and ORr Respoitnibilities 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. ARer 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 w~ are investigating, but you are still obligated to pay the parts of the bill that are not in question, If we fred that we made a mistake on your bill, you will not have to pay any £mance charge related to any questionad mount. Il'we did not make a mistake, you my have to pay finance charges, and ye? will have to make up th* missed payments on th~ questioned amount. In either case, w* wilI 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, w* may report you as delInquent. However, [four explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must gll anyone w* report you to that you question your bill. And we must tell you the name of anyone we reported you 1o. We mturt tell anyone we report you to that the matter has been settled between us when it finally is. If we do not follow these roles, we cannot collect the first $50 of the questioned amotmt even [f your bill was correct. Special Rule for CredR Card Purchases If you have a problem with the quality of gndds and services that you purchased with your SUN TRUST 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. Thor* are two limitatiom to this right: (a) you must bare made the purchase in your home state or, if not within your home state, within 100 miles of your cttrrent mailing address; and (b) the purchase price must have been more than $50. These limitations do not apply [f either we or SUN TRUST own or operate the merchant, or if we or SUN TRUST mailed you the advertisement for the proper~y or services. SHERIFF'S RETURN - REGULAR CASE NO: 2001-00911 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST SELECT INC VS HERB KARNE M GERALD WORTHINGTON , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE HERB KAREN M DEFENDANT , at 0020:30 HOURS, at 247 E ST CARLISLE, PA 17013 HARRY HERB (FATHER) a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 20th day of February , together with by handing to 2001 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 2~ ~ day of / ~rothonotary R. Thomas Kline 02/22/2001 PARK LAW ASSOCIATES Deputy Sh~ff 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: 247 E ST CARLISLE, PA 17013-1322 4168100011024690 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS KAREN M HERB Defendant N0.01-911 PRAECI~E 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 $6,221.82 $1,057.70 $463.31 ($o.oo) ($0.00) TOTAL $7,742.83 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". VALE~ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW, ~DD',%. ,~ , ~! , Judgment is entered in favor of theIPlainti~ and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. PROTHONOTARY 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 CUMBERLAND COUNTY I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD PLEASANTON, CA 94588 DEF: 247 E ST CARLISLE, PA 17013-1322 COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS KAREN M HERB Defendant NO. 01-911 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: KAREN M HERB 247 E ST CARLISLE, PA 17013-1322 DATE OF NOTICE: 3/13/01 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~S 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, 4ta FLOOR CARLISLE, PA 17013 (717) 240-6200 PARK LAW ASSOCIATES, P.C. ~ BY: ~Q. 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 T~AT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 247 E ST CARLISLE, PA 17013-1322 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, VS KAREN M HERB INC. Plaintiff Defendant i NO. 01-911 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 KAREN M HERB, Defendant is over 21 years of age; that his/her place of residence/business is located at 247 E ST CARLISLE, PA 17013-1322 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 i~s amendments, j.~- BY: X// ~ Va~erie Rosenbluth Park Attorney for Plaintiff El0 VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, 2'5 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: 247 E ST CARLISLE, PA 1~013-1322 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS KAREN M HERB Defendant NO. 01-911 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: IX] 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. PR~THONgT?RY:?~ ~ PURSUANT TO THE FAIR DEBT COLLECTION PR~fCTICES 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.