Loading...
HomeMy WebLinkAbout01-1322VALERIE 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. BRIAN E GIPE 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 ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, PoO. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:4168100008156646 CUI~BERLAND COUNTY COURT OF COM~ON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS BRIAN E GIPE 941 BOSLER AVE APT A LEMOYNE, PA 17043-1763 DEFENDANT NO. CIVIL ACTION 1. The Plaintiff, First Select, Inc. is a Delaware corporation organized and existin9 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, BRIAN E GIPE, is an individual who resides at 941 BOSLER AVE APT A, LEMOYNE, PA 17043-1763. 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 4168100008156646. 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 $9,414.87 as of 08/11/2000, 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 $1,600.52. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $9,414.87, plus pre-judgment interest at the contractual rate of 21.24% per annum from 08/11/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,600.52, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT I- ALTERNATIVE 8. Plaintiff hereby incorporates paragraphs i 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 $9,414.87, plus pre-judgment interest at the contractual rate of 21.24% per annum from 08/11/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,600.52, 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. March 20, 2000: VERIFICATION , declare that as 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 the foregoing complaint and know the contents thereof; that 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. herein are made subject 4904 of I understand that false statements to the penalties of 18 Pa.C.S. Section relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County,;i~ th~ta~ of California. Designated Agent read the :t j FI'RS SELECT ACCOL'NT AGREEMEN-T Ye)ur B.k.N K OF A.MERICA accoum has been transt'erred to First Select Corporation Your B~NK OF ~-\IERICA account was closed at the time of this transfer. To figure the tinance charges for each billing cyete, we multiply the average dail?' balance on your Account bsa dali? periodic rate The dai[,, periodic rate ~e apply is your Account's Annual percentage Rate divided by 365 T~e .~mual Percentage Rale will be calculated as disclosed in your most rec~nt B.4_NK OF .~MERICA account terms (the "Original Terms") l£your OnginaI Terms pro~ided thr difi'erem ?mmml Percentage Rates to be applied to dilT, erant components of Fees. We will charge your Account a Fee the each billing cy'cle within which your A~:¢ount is delinquent (late charge). The amount o£tbe late charge will be as ekes and court costs. Il'your Original Terms provided for an award of attorneys' fees and court costs, such provision as incorporated herein shall apply Non-Waiver or Ce~'taln Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to ennbrce it or any other designated as the applicabl~ law in your On~naI Terms. Il'your Original terms did not contain an applicable law provision, then this Agreem~t and your Account ate governed by f,~deral law and the law of your state o£residence. This Agreement is a final expression o£the agreement betv,'een you and us and may not be contradicted by cviden¢~ of any alleged oral agreement. II'any provision of this Agreement is held to be invalid or unenforceable, you and we will consider that provision modified to conform to applicable law, and the rest of thc provisions in the Agreement wfil still be enforceable. We may transfer or ~sign out nc.bt First Select Corporation, PO. Box 9104, ?lcasanton, California. 94566. We m~ xh~re information with our affiliates m¢ludlng, ~ithout la'nRa*ion, Provldian YOUR BILLING RIGHTS - KEEP TtIIS NOTICE FOR FUTURE USE · Describe the an'or and explain, if you can, why you b~liev~ there is an error If you need more inforrnaliork describe the item you are not sure about. Your Rights and Our Responsibilities After We Receive Your Written Not/ce We must acknowledge your letter within 30 days, unless we have coerecced the error by then. Within 90 days, we must either correct the error or explain ~hy believe ~e bill vas corr-.ct .'.~er we receive your letter, we cannot try to collect or report you as delinquent as to any amount you questior~ 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 inve~Ugating, but you are still obligated to pay tbe parts of the bi fi that are not in questior~ 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 we did not make a mistake, you does not sat;sPT you and you wfite to us within 10 days telling us that you still re,se to pa?, we must tell anyone we report you ~o that ?ou queslion your bill. SHERIFF'S CASE NO: 2001-01322 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS GIPE BRIAN E RETURN - REGULAR SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GIPE BRIAN E DEFENDANT , at 0009:23 at 941 BOSLER AVE LEMOYNE, PA 17043 BRIAN GIPE a true and attested copy of IN ASSUMPSIT HOURS, on the 13th day of March APT A by handing to COMPLAINT & NOTICE the , 2001 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.92 Affidavit .00 Surcharge 10.00 .00 37.92 Sworn and Subscribed to before me this 2[ ~ day of ~ ~! A.D. rothonotary ' ' R. Thomas Kline 03/14/2001 PARKBy:LAW ASSOCI~ ~/Deput~ STleriff 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: 941 BOSLER AVE APT A LEMOYNE, PA 17043-1763 4168100008156646 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPOR3kTION Plaintiff VS BRIAN E GIPE Defendant N0.01-1322 PRAECIA~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 $9,414.87 $1,600.52 $1,358.71 ($0.00) ($0.00) TOTAL $12,374.10 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'~ VALERIE IO~ENBLUTH PARK, ESQUIRE Attorney~or the Plaintiff AND NOW, ~%L &~? , ~2~{ , Judgment is entered in favor of the4Plaintiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE T~E 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 FIRST SELECT CORPORATION Plaintiff VS BRIAN E GIPE Defendant I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD PLEASANTON, CA 94588 DEF: 941 BOSLER AVE APT A LEMOYNE, PA 17043-1763 COURT OF COMMON PLEAS NO. 01-1322 NOTICE OF PRAECII~E FOR EN'IRY OF DEFAULT JUDGMENT TO: BRIAN E GIPE 941 BOSLER AVE APT A LEMOYNE, PA 17043-1763 DATE OF NOTICE: 4/3/01 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 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. 1F 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. BY: VALERIE ROSENBLUTH PARK, ESQ. 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: 941 BOSLER AVE APT A LEMOYNE, PA 17043-1763 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS BRIAN E GIPE Defendant NO. 01-1322 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 BRIAN E GIPE, Defendant is over 21 years of age; that his/her place of residence/business is located at 941 BOSLER AVE APT A LEMOYNE, PA 17043-1763 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 A~SOCIATES, P.C. / Valeri~' Rosenbluth Park 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: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 941 BOSLER AVE APT A LEMOYNE, PA 17043-1763 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS BRIAN E GIPE Defendant NO. 01-1322 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, PoC. at this telephone number: (215) 348-5200. P~HON.~T,i~Y~ ~ PURSUANT TO THE FAIR DEBT COLLECTION ~_R~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.