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HomeMy WebLinkAbout02-0010VALERIE 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 CUMBERIJLND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS. MICHAEL D HEVEL Defendant NOTICE NO.O2- /0 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 judMment 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, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT~:4168100016415570 CUMBERLAND COU~','~ COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 VS MICHAEL D HEVEL 305 KAY RD MECHAN I CSBURG, PLAINTIFF PA 17050-3048 DEFENDANT NO. o2-- /6 CIVIL ACTION 1. The Plaintiff, First Select,lInc- 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, MICHAEL D HEVEL , is an individual who resides at 305 KAY RD MECHANICSBURG, PA 17050-3048, 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 4168100016415570. 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 $1,891.00 as of 09/07/2001, plus pre-judgment contractual interest at the rate of 10.00% 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 $321.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $1,891.00, plus pre-judgment interest at the contractual rate of 10.00% per annum from 09/07/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $321.00, 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 judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $1,891.00, plus pre-judgment interest at the contractual rate of 10.00% per annum from 09/07/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $321.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY:~iE ROSENBLUTH PAR , 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 INFOP. MATION OBTAINED WILL BE USED FOR THAT PURPOSE. VERIFICATION , 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 jefferson County, in the State of Kentucky. Date Designated Agent h,dlh,.llh,.hhlh.,,Ihlh,,,h,lh'hlh'"hhh"ll Take advantage of these special benefits before 05/14/2001 ! New First Select Account Number: 4168-1000-1641-5570 Old MBNA Account Number: 4313-0273-6610-3536 Current Balance: $1,795.45 Dear MICHAEL D HEVEL: We're pleased to inform you that your MBNA account has been transferred to First Select, and you will be receiving monthly statements from us in the future. Your First Select account number appears above, and your new Account Agreement is enclosed. We understand that you may be concerned about your new relationship with us, since your MBNA account was closed for non-payment and is currently in default. Yes, we do expect you to pay your debt. But, we're ready and eager to create a payment plan that works for you. customized to meet your particular needs. (See the reverse side of this letter for We have three basic plans that can be . " ' h is an easy and convenient way to make your details.) We even have an automatic payment optaon called PaySmart ,whic payments. It's important that you enroll in a plan because... WE WILL MATCH AT LEAST 15% OF EVERY MONTHLY PAYMENT to ke~ you cut tkrougk j~our debtf aster! Then, we may also: · lower your Annual Percentage Rate · become a credit reference for you · help you obtain a new VISA* card from our affiliate We need you to make the next move. Either return the Response Card or call us at 1-888-924-2000. Our representatives are ready to help you customize your plan! You will be treated with dignity, respect, and trust. Very truly yours, Arthur Price Senior Vice President P.S. These special benefits will not be available to you after 05/14/2001. EXHIBIT - This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. SclfcLo~lts go_ .. e Account to us instead o uar nowobh ted romp th . . A o gYds a jomt accoun we may ~n t~e~'ns'~tn~ons~'"~f--~ny joia[ hccount holder. nts/Finanee C. harges. _As long .as you have Payme~. ........... ~,r,,,, nance coal es ale caicuiaIeo as oBtstanamg on yum ~x~.,~.,, 11 g follows: dali Dalan~ On OUr u~,Jm~ uj ~ r- ' e average Y · t s ~il Percentag · ' We a ~ is oui'Accoun . _daily ~_.__ri.'~_o~i~¢t~e~n ~ee ~YA~nYu~ Percentage Rate will lo9. Fate uivlucu o,,.,. . nt MBNA accOunt terms calculated as ~l]sclosed m our mog ~ ' for , · · . n nal Terms roxqded ual Terms ~your O {0 · · ~e On ). a lied ~g different cOmponents ox your outs ~t,~t,~t,~t,~t,~t,~a~ng u,u._,p_,~Z,d ..... *~fiflih~' balance. suc~,aamual Percentage Fate on your ~nu,~ ~ ..... t late or ' al payr~, ents, or pa. ym¢,nts.marked. ~. We.~ accep ...... LP~.~- ~m,4~ions w~mout ~osmg our qg~.t to. cOllect all amounts.ovang upde,r .rig, .s ^~_~_~ ~,&-~;.. ~r sivinos Slect to ty your Account ny aeo!.tmg yom. ,un~'~_~"2,:..a~ih~ for e '11 first ye our laenu and .~.~pu . account. ~gt,Select v~ ~ -!--r~-.Y,~,~atio~tYb~ wnturg t~'~irst this Service. YOU ma~ revoke yum auu,~,,,~,, .- ~ ~i'e~ Customer Service. 11 char e ~our Account a fee for each billing.cycle Fees. We wi · · bar e Thb amount · ' · ur ~dount is dehn uent (late c .g · vathin which yo . · ' On gn~ Terms or the f the late clu/r e v~ll be as.disclo-~ m your g~ ~mum late. gc, eha~ge.p~,muued by the law of your state of residence, whichever is iower. ~ - ' ourOri 'mai Terms, orme maramum will be .as .disqlo ,sed Ln_Y_~,~i.~hv e law of your state of returnea cn .eg4c, .cnalg~. t~....~--- -~ th - residence, wlucng"ver 15 lower. To the ex$,ent prq~i.'d,ed, i,n__y..o ..ur_ aO~gfin~olon ttea o a ucame law, ni auu~u . rmi p Accoun ~ interest and fees as tlisclosexl nerem~ we my m~9 K~-~-. - ~-- o ~ urn ~s fees incur, including b_ut not .l~r~"'ed~o rea~o., n~_l§ ~a_tt _..~,~: ~e we . ' ' rovl~[~l lOl ail awmu ua court cOsts If your On nm Terms p . . . , ' sts such rowslon as mcOxporated . orn s fees and ~,~l~lg , P '' lawsuit arising out oFthis Agreement. . Non-Waiver of Certain Right_s..We.my delay or. .wmye, . e~orcemen_t of .any provisign of this. .Agl~ement w~out losing our fight to entorce it or any other prov~s~o-n later. hcable Law, Sever.ability, Assignment. No m.a.tter_w, har,e you .A. pp ' e ovemexi py texierm xaw · this A merit and your ^ccount ar g . . the the stat ¢lesigna. _ted as th,.{ ap h m your --'~' ~ 'ual ierms mo not Contmn On hal Terms. Ifyqur Ong~ . d our Account ale ap a% law oro. lon, th. h Aogif a dre denee ~overned by fede.rai ~gw .and me l_a.. _w_~,y~ ~-eement betweeh yo,u This Agree, mcnt is a. nnai e. xp~r_.e_s~s_~?L¥~U2,~2,~A: ~f any alleged orat andre not0ecOntrauict~uoy ~w,~:,,~,~ ~. . o · and us Y · · · ~s held to be my._alld, or ment If a rov~slon of this agr~ment . . · agree · P · r t roxuslon modmed to ou and we will couslde tha p . . . unenforceable, . e rovisuon in the rm to a ~cable law and the rest of th · confo . ~ansfer or assign our A ement ~viP~ sUll be e~rceable. We . ~,g~, ,^ on ~, ~me of your uavments If sm.~e law, require~,thTat you ia~aK~ t~ ~ ..... ~ ~ ' e urcRaser or assignee, we may g~ve _y,o_u~u~ ...... -~ .... ~ stat6'ment with the state s ~ecretaly or ~ta[e. Customer Service. For ~eneral ouestions regarding your First Select accOunt, ulease call, our tolI-free Service _n_un~_l~e~r~ imurove customer Servme and Sec~.ty~ t~,~F,,,,-* may be monitored or recoroea. ...... u We m~ gnare lmormauon with Our_ ~~u~ ~ ~nat~. YOUR BILLING ~G~S - ~EP THIS NOTICE FOR ~TU~ USE T~s no~ce ~R~s i~i~:~t~ figh~ ~d our reswmibfllReS ~oer me rmr ~r~l DIIIIIi~ · Notify Us in C~ of Ermm or Questions About Your Bill ~ o~ bill is,~ong~ or ffyou n~d mq~ [ffom~on ~you ' Y · na ~e~eet, atme ~ut ~ en on yo~ mn ~te m, o a . · ' I P O Box 9~l~to~ f°llg~ng ~' ~J+~[~ ;~ [~n ~ ~ssible. We must h~ Calffo~ v~>uu. ,m~ ,v -~ ~- _ __~z ..... +[- a--~ hill on ~o-~ ou rio lair ~ 60 ~ys ~er w~ ~iit yuu u ........ whic y e e~or or problem ap~. You ~ tel~hone m, bu doing so roll not p~e yo~ n~ . In ~e le~er, ~ve us ~e follo~ng: -- Yom ~e ~d Acm~t nm~:, e~or ~ e doH~ ~o~t of~e m~t~u . · ....... why Xou ~u~e me~ ~ ~[ y~,2~ Your ~ts ~d Our Responsibilities Mter We ~eive Your Wdaen~otice We must ac~owl~ge yo~ [~ ~q 30 ~s, ~ys~,~ ~o,,~, ........ - -~ -- ' · ffi was ~. ~er we n wh we ~e ~e b ~e ~or or e lm Y 11~ or ~ ou as [~gve yo~ ~er, F~[,~ }~ ~on in~Y~,., aelm ~flI as lo ~y ~ilUmit you . Be -. · ' 'ne q ~ ~ ~ ~o~t agm~t om c~t n c~ es We~apply y ~ e~ You~o not ~ye ~o p y_ ~.:~ ~.~:.o..a ~o ~ ~e n~s of ~e bill inve~gafing, out you ~g ~un um,~,~ - r-a ~t ~6 not ~n que~on. ~vWe find ~t ~ ~~ ~~~e~ · ~ · ~ ~veto yfi~c g , ~o~t ou owe ~d ~e ~te ~t ~t ~s due. ffyou f~l to ~e Y - · ~ ou ~ del~q~nf. o~t we ~ you owe we ~ . Y - · ~e m . · not ~U ou ~d you ~te to How .... ~ to , we mint te ~ 10 ~ ~lhng m mm you ~11 · ~ m~ us ~ Y u ue~on o~ bll~d we wer R outo~tyo q Y ~ one ~ Y to We mint tell e bf ~ one we re~ed you . , te~you ~e_~ ..~.. ,~ ,ho ~e ~r ~ ~n ~m~ ~n ore we it ~uu ~v ~t ot co~t. Sp~i~ ~ie for C~dit Card ~h~s ou ~ve a roblem ~ the q~i~ of g~ ~d.~t ~ Y ~c~ yo~ MBNA cr~[ ~ ana ou ~ve m~ m Y~f~ tO CO~ ~e problem ~ ~e ~e~, ~_~.~ot ' ' ~ ~Ue O~ ~e ~S Or ~xw~. ~e to pa ~e.re~ng ~q~'om. (~3 v ~ ~ve ~de h moq3e hom D~cRase iB yo~ Rome smtg m, ~ ~.,,~ _aa~2...~a ~ ~ ~ m~ ~v~ ~ ' rg~ or We ~nt annlv ~ ci~er we or MBNA O~ or o~ ~c m?~ _ ~_~ S~ ~ ~1~ you ~e advemsement Ior me pm~ or SHERIFF'S RETURN - CASE NO: 2002-00010 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS HEVEL MICHAEL D REGULAR ROBERT FINK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT & NOTICE was served upon HEVEL MICHAEL D the law, DEFENDANT , at 2020:00 HOURS, at 305 KAY ROAD MECH~.NICSBURG, PA 17050-3048 MARGRET HEVEL, MOTHER on the 7th day of January , 2002 by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 7 80 00 10 00 00 35 80 Sworn and Subscribed to before me this [ ~/~' day of ~u~ ...... [ ~0oD~ A.D. So Answers: R. Thomas Kline 01/08/2002 PARK LAW ASSOC. VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 P~RK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORIqEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA FIRST SELECT, INC. Plaintiff VS. MICHAEL D HEVEL Defendant NO. ~-10- 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 for Bankruptcy in the United States Bankruptcy Court, and thus this case must be stayed. Respectfully submitted, PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQ.