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HomeMy WebLinkAbout01-3327 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 CO5940N PLEAS FIRST SELECT CORPORATION Plaintiff VS. DANIEL M GIBBS 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 RAVE 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 TRIS IS AN ATT~T TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PD~POSZ. 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# :4168100006224800 CUMBERLAND COUNTY COURT OF CO~(0N PLEA~ FIRST SELECT CORPORATION 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS DANIEL M GIBBS 550 F ST CARLISLE, PA 17013-1349 DEFENDANT NO.O/- CIVIL ~CTION 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, DANIEL M GIBBS , is an individual who resides at 550 F ST CARLISLE, PA 17013-1349, 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 4168100006224800. THIS iS AN ATTEMPT TO COLLECT A DEBT. A~Y INFORMATION OBTAINED WILL BE USED FOR THAT PUP. POSE. 4. The terms of said account are stated in the documentation attached hereto as Exhibit "A". 5. The DefeD~nt 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 $4,764.88. as of 01/28/2000, plus pre-judgment contractual interest at the rate of 23.90% 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 $810.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $4,764.88, plus pre-judgment interest at the contractual rate of 23.90% per annum from 01/28/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $810.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT II S. 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 bythe 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 0ETAINED 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 $4,764.88, plus pre-judgment interest at the contractual rate of 23.90% per annum from 01/28/2000 until the date of the judgment herein, plus reasonable attorney,s fees in the amount of $810.00, less payments made, plus costs and any other such relief as this Court deems reasonable and'just. PARK LAW ABSOCIATES, 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 T~AT PURPOSE. OEDER FOR SERV~C~ THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAIh~ WILL BE USED FOR THAT PURPOSE. ~FI~TiON HEATHER KOOREMAN , declare that: I am a Designated Agent of FIRST SELE~, INC., the Plaintiff in this action, and I am duly authorized to make this verification on its be~lf. I have read the foregoing complaint and know the contents thereof; that the same is true of my o~ knowledge, except as to those matters stated on info~ation and belief and, as to those matters, I believe them to be true. I understand t~t false statements herein are made s~ject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare ~der pe~lty of perju~ that the foregoing are t~e md correct. ~ecuted at Alameda County, in ~he State of California. Date Designated Agent i FIRST SELECT c o,,o.A, E (I:IIBIT _ ACCOUNT AGREE~IENT Your WELLS F.~,GO 3ccount h=s ~m ~f~ ~o fi~ S~l~ Co~.~ Yaur WE~ F.~GO ~n~ w~ clm~d ~ ~ tim= of~b ~f~. ~d will t~ ~n~ ~ be cl~ ~ aunt ~t ~n~ ~ t~l ~ p~ ~r ~ 5~l~ ~ui (to '~um~. ~ ~.~ '~u" ~d '~ ~ ~h ~n who ~ I~le ~ ~ on ~a ~unC 'Wa.' '~.' 'o~' ~ '~' ~ ~ ~l~ Co~on ~r ia ~,~ ~ your ~ ~ ~ ~d ~ ~ you ~ ~ ~bii~ ~o r~ay ~ ~un[ m ~ i~c~ ofWE~ ~.~- ~ ~ount wu a~ad ~ a joim ~aunc ~ may ~ on ~a i~o~ of~y joint ~n~ol~. 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YO~ BIL~G ~G~S - ~EP THIS ~O~C~ POR ~ ~ you ~ ~ur bill ~ ~nL ~ ~ ~ ~ ~ iF~ ~t ~ ~ ~ ~ ~}L ~.~ o~ a ~ ~ .~ ~ ~_~ ~ bill ~ w~h ~ ~r or pmbl~ a~ You ~ ~l~ho~ ~ but ~ ~ ~ ~ ~ ~ur d~ Ia ~r i~. ~ve ~ ~e ~oll~: · O~ ~ ~ ~ ~1~ ~ ~ why ~ ~i~ ~ b ~ ~. ~u ~ m~ ~6o~ ~ ~ ~ou~ ypu ~e ~d ~e ~ ~ a ~ ~. ~7~ fad m pay ~ ~ we ~ ~u o~, ~ m~[,~a ~ou ~ ~ .~-~. ~.~,~1 SHERIFF'S RETURN - REGULAR CASE NO: 2001-03327 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS GIBBS DANIEL M RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GIBBS DANIEL M the DEFENDANT , at 1505:00 HOURS, on the 8th day of June , 2001 at 550 F STREEET CARLISLE, PA 17013 by handing to DYANN GIBBS, MOTHER 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: So Answers: Docketing 18.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 31.10 06/12/2001 PARK LAW ASS~ Sworn and Subscribed to before By: me this ~f ~ day of f~e~uty Sheriff Pr6thonotary ,7-, VALERIE ROSENBLUTH PARK I HEREBY CERTIFY T~AT THE ATTORNEY I.D. # 72094 TRUE AND CORRECT ADDRESS IS: PARK LAW ASSOCIATES, P.C. PLAINTIFF: 4460 ROSEWOOD DRIVE 25 EAST STATE STREET PLEASANTON, CA 94588 DOYLESTOWN, PA 18901 DEF: 550 F ST (215) 348-5200 CA~LISLE, PA 17013-1349 ATTORNEY FOR PLAINTIFF CUMBEPJ~%ND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS DANIEL M GIBBS Defendant NO. 01-3327 PP. AECIPE FOR JUDGMENT BY AGP-~M~NT TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff and against the Defendant named in the attached Praecipe for Entry of Judgment by Agreement attached hereto and made a part hereof as Exhibit "A" . AMOUNT OF CLAIM $4,764.88 ATTORNEY FEES $810.00 PLUS ACCRUED INTEREST $398.59 AT 23.90% PER ANNUM FROM 02/28/2001 LESS PAYMENTS MADE (0.00) TOTAL $5,973.47 PLUS ADDITIONAL COSTS PARK LAW ~SOC/~S, P.C.~ VALERIE ROSENBLUTH PARK, ESQUIRE ,]t~_/;,4 Attorney for the Plaintiff AND NOW, ~ ~' , -~ I , Judgment is entered as above. I~ THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VALERIE ROSENBLUTH PARK ATTOP, NEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COD1FrY COURT OF COMMDN PLEAS FIRST SELECT CORPORATION Plaintiff VS DANIEL M GIBBS Defendant NO. 01-3327 PRA~CIPE FOR ENTRY OF JUDGMENT BY AG~M~NT TO THE PROTHONOTARY: Please enter Judgment by Agreement this ~ day of ,)~,~ ~-- , 2001. It is hereby agreed between the parties that Judgment be entered in this action in favor of Plaintiff, FIRST SELECT CORPORATION, and against Defendant, DANIEL M GIBBS , for the principal amount of $4,764.88 plus interest at 23.90% per annum from 02/28/2001, until judgment is entered plus attorney fees of $810.00, less payments of 0.00 plus court costs. VALER~/ROSENBLUTH PARK, ESQUIRE Attorney for Plaintiff EXHIBIT VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW A~SOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTOP~NEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF CO~94ON PLEA~ FIRST SELECT CORPORATION : Plaintiff : : DANIEL M GIBBS : Defendant : NO. 01-3327 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: { } Judgment by Default { } Money Judgment { } Judgment in Replevin { } Judgment in Possession { } Judgment on Award of Arbitration { } Judgment on Verdict { } Judgment on Court Findings {X} Judgment by Agreement IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: PARK LAW ASSOCIATES, P.C. at this telephone number: (215) 348-5200. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.