Loading...
HomeMy WebLinkAbout01-1774VALERIE 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 PLEASAI~TON, CA 94588 DEF: 136 GREASON RD CARLISLE, PA 17013-9469 4168100012614697 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS DENNIS G DEITCH Defendant NO.01-1774 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 $11,788.45 $2,004.00 $507.71 ($0.00) ($0.00) TOTAL $14,300.16 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 market ~it "A"~//~ VALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW, ~ lC , ~-"~,~"~l , Judgment is entered in favor of the Pla'intiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. 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 PLAINTIFF: 4460 ROSEWOOD PLEASANTON, CA 94588 DEF: 136 GREASON RD CARLISLE, PA 17013-9469 COURT OF COMMON PLEAS FIRST SELECT, INC. VS DENNIS G DEITCH Plaintiff Defendant NO. 01-1774 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: DENNIS G DEITCH 136 GREASON RD CARLISLE, PA 17013-9469 DATE OF NOTICE: 4/25/01 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITI-ffN 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 CLrM2BERLAND COUNTY COURTHOUSE, 4tl~ FLOOR CARLISLE, PA 17013 (717) 240-6200 PARK LAW A~ BY: VALERIE ROSENBLUTH 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: 136 GREASON RD CARLISLE, PA 17013-9469 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS DENNIS G DEITCH Defendant NO. 01-1774 VERIFICATION OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COLrNTY 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 DENNIS G DEITCH, Defendant is over 21 years of age; that his/her place of residence/business is located at 136 GREASONRD CARLISLE, PA 17013-9469 and that he/she is employed and that he/she is not in the Military or Naval Service of the United States ~r~its Allies or otherwise within the provisions of the Soldier~w~and Sailors Civil Relief Act of Congress of 1940 and~its am~dments. EY: Valerie 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: 136 GREASON RD CARLISLE, PA 17013-9469 CUMBERLAND COUN?Y COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS DENNIS G DEITCH Defendant NO. 01-1774 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. PRO~HONOTARY:c'x . //~ PURSUANT TO THE FAIR DEBT COLLECTION PRATTICES 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, 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. DENNIS G DEITCH Defendant NOTICE NO. OI-- 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 judg~nent 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 CAIFNOT 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, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#: 4168100012614697 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 VS PLAINTIFF DENNIS G DEITCH 136 GREASON RD CARLISLE, PA 17013-9469 DEFENDANT NO. O/~ 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, DENNIS G DEITCH , is an individual who resides at 136 GREASON RD CARLISLE, PA 17013-9469, 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 4168100012614697. 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 $11,788.45 as of 12/05/2000, plus pre-judgment contractual interest at the rate of 12.00% 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 $2,004.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $11,788.45, plus pre-judgment interest at the contractual rate of 12.00% per annum from 12/05/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,004.00, 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. 11o 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 I~FORMATION 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 $11,788.45, plus pre-judgment interest at the contractual rate of 12.00% per annum from 12/05/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,004.00, 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. VERIFICATION HEATHER KOOREMAN 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. 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 County~~t~f California. Date Designated Agent IMPORTANT LEGAL NOTICE Fedcral law gives you 30 days aftcr ×ou receive this letter to dispute the validity nf the debt or any part nf it. ff you do not dispute the validit of ~e debt, or an3~ part.of it,~vithin ttm, t i~ riod,, w~ill, as ~stg~. e ~at ~e debt is valid, .If y,o~ ~i~sp~e the debb.or' ~ny par~, of i~, in writing--~ mai~ing ~s a notice to mat effect on 9r pexore me ~vm.oay mnnvang.me Oat9 you recelvea tins leuer--we van optoln ana .m.~l t.o.y.~u proo~ (yerificatton) of the debt. And fi, vathin the same penoa, Zou request in writing the name an~i address, of the qng~nal creditor (ff ~tiff4rent trom the current creditor), we will famish you wltli that imgrmat~on too. If we do receive a t~mely wntten not~ce, all efforts to collect this debt will be suspended until we mail any required informatton to you. ACCOUNT AGREEMENT Your FIRST UNION account has been transferred to First Select. Your FIRST UNION account was closed at the time of this transfer and will therefore continue to be closed. This Account Agreement contains the term[ that governvour First Select account ([he "Accgugff). In this Agreemenf, "you" and "your" mean eachperson who is halSle for payment on the Account. "We," "our," and mean First Selecfor its assignees. Because your Account has been transferred to gs~ 7o, qu~a, re now obligated to repay the Account to us instead of FIR~ ~ u~ON. If the ACCOUnt was opened as ajoint account, we may act on the instructions of any joint account holder. Payments/Finance 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 9ycle, we multiply_ the average daily balance on y. our account by a dkiIv periodic rate. The daily pgriodic rate we a,~pply~ is your Account's/rmhual Percentage Rate divided by 365. rna 3rental Pereenta~e Rate will be calculated as c[isclosed in your most recent ~IRST UNION account terms (the "Original Terms"). If your Original Ter~,.s,~,provided for different AnnumPercentage Rates to be applied to dift~rent compgnants of your outstanding balance, we will apgly the lowest sucli Annual Percentage Rate on your entire outstah~ting balance. We may accept late or partial payments, or payments marked "paid in full" or m/rked witti other restrictions, vailiout losing our rig~ht to collect all amounts owing under this Agreement. You may ask-First Select to p,,ay your Account by debiting your checking or savings account, iqrst Select will first verif~ your idanti~ and eligibih~v for this service. You may revoke your authorization by writing to First Select Customer Service. Fees. We will charge your Account a fee for each billing,cycle within which your ,~ccount is delinquent (late charge). The amount of ~e late ,chaYg,e will be as disqlpse~ in. your.Origifial Te ~rjns or the ma.,amum late charge permirteu oy me law olyour state pt residence, whichever is lower. We will charge your Account a fee for each returned.payment check (returned check charge). The amount of the retarneo cfieck charge will be as disclosed in your Original Terms, or the maximum returned check charge permitte~t by the law of your state of residence, whichever is lower. To the extent provided in your Original Terms and to the e~ent permitted by applicable law, in addilion to your obligations to pay the outstanding'balance on your Account, 151us interest and fees as disclosed herem~ we may also char~,e you for any collection costs we incur, including but not limiteff'to reasonable attorney's fees and court costs. If your Original Terms provided for an award of attorney's fees and couff costs, such provision as incorporated herein shall ag)ply reciprocally to the prevailing part)' ~n any lawsuit arising out pt 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, Severability~ Assignment. No matter wherevou live, this A~reement and your ACCOUnt are governed by federal [aw and l~y the Yaw of the state designated as the applicable law in your Original Terms. If your Original Terms did not contain an appncanle law l~rovlsion, then this Ag[ecment and your Account are ~overned by federal law and the law of your state of residence. This Agreement is a final expression of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement. Ifa provision of this agreement is held to'be invalid or unenforceable, ~ou and we will consider that provision modified to conform to applicable law. and the rest of the provision in the Agreement will still be enforceable. We may transfer or assign our rigi~t to all or some of your payments. If stale law requires tliat you receive notice of such an evenlc to protect the purchaser or the assignee we may give ×ou such notice by filing a financing statement with the state s Secretary of State. Customer Service. For ~eneral ouestions regarding vour First Select account please call our toll-free service numbtSr. 1-888-924-20~J0. For quality assurance purposes, and to improve custq!n?[, s.e~i~e ?nd 5ecm'i(yi telephone ca~ls to Or from our offices ~[edit Reporting.. If you fail to fulfikl the terms of your credit , i&ation, a negative cred_i~ report renecting on your credit recorn may.oe suomitted to a credit reporting agency. In order to dispute any information we are reporting about your Account,you must write to us at the followim, address: First Select, P.O. Box 9104, Pleasanton, California 94566. Sharing Information. We may share information with our affiliates, including, without hnntatton, Promdian National. Bank and Froxadian Bank. However. you may write tO us at any ttme tnstmctnng us not to share credit mtormaUon mtn our amliates. YOUR BILLING RIGHTS - KI~EP 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 Bill If you think your bill is wrong,, or if you need more information about an en.try on your bilk write us, on a s~arate sheet, at the following address: First Select, P.O. Box 9104~ Pleasanton, . Califorma, 94566. Write to us as soon as possible. We must t~ear from you no later than 60 days after we sent you the first bill on whicli the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In the letter, give us the following: -- Your name and Account number. -- The dollar amount of the susnected error. -- A description of the error an~l an explanation, ffpessible, of why 5ou behCve there is an error. If you need more reformation, describe the ttem you are not sure about. Your Rights and Our Responsibilities After We Receive Your Written 31otice We must acknowledge, your letter within 30 days, unless we have corrected the error by men. Within 90 day, s, we must either correc the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect or report you as delinquent as to any amount you ~kuestion, incluiiing finance char&es. We can apply any unpal~ amount again,s[your credit line Youao not have to pay any cj,uestioned amount whife we are investigating, but you are still obligated to pay the parts of the bill that are not m question. If we find that we have made a mistake on your bill, you will not have to pay any finance charge related to any quesUoned amount. we did not ma~e a mistake, you may have to pay finance charges, and y9u will have to make up the rdissed ~ayments on the questioned amount. In either case, we will send you a statement pi the amount you owe. And the date that it is due. If you fail topay the anIount we think you owe we may report you as delinquenu However, if our explanation [floes not satigfy., you and you vqrite to us within 10 days telling us that you still reftise topay., we must tel anyone we report you to that you question your bilr. Knd we must tell you the name of anyone we reported you to. We must tell , anyone we re~)ort you to that the matter lias been settled bet~veen u. wlien if finalry is. If we do not follow these roles, we cannot collect the first $50 of the questioned amount even if your bill was correct. Special Rule for Credit Card Purchases If you have anroblem with the ouality of ~oods and services that you purchasedwith your FIRST IJNION credit card and you have the, in good faith to correct the problem with the mercl3ant, you may m have to pay the remaining amount due on the goods or services. There are two limitations to this right: (~ you must have made the purchase in your home state or, if not wimm your home state, ~ithin 100/niles of y. our current mailing address: and Co) the purchase price must have been more than $50. These hmitations C not apply if either we or FIRST UNION own or operate the merchant. or we Qr FIRST UNION mailed you the advertisement for the propem. or services.