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HomeMy WebLinkAbout01-3329 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 CUMBERI~a/~D COUNTY COURT OF CO5~4ON PLEA~ FIRST SELECT, INC. Plaintiff VS. APRIL Wq{ITE DefendantNOTICE NO. ~3,-- ~,~ ~O'~~ 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 CA~LISLE, PA 17013 (717)249-3166 (800) 990-9108 THIS IS AN ATTEMI~T TO COLLECT A DEBT. ANY INFOI~NATION 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# :4168100013205578 CUMBEP/a%ND COUNTY COURT OF C0~MON PLEA~ FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS APRIL WHITE 147 N EAST ST CARLISLE, PA 17013-2507 DEFENDANT NO. O l- ~$ ~ ~ ~ ~ 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, APRIL WHITE , is an individual who resides at 147 N EAST ST CARLISLE, PA 17013-2507, 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 4168100013205578. THIS IS AN ATTEMPT TO COLLECT A DEBT. ~ 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 Defen~mnt is indebted to the Plaintiff in the amount of $4,374.29 as of 01/11/2001, 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 $743.00. WHEP~EFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $4,374.29, plus pre-judgment interest at the contractual rate of 18.00% per a~num from 01/11/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $743.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT II 8. Plaintiff hereby incorporates paragraphs 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 THIS IS AN ATTE~PT TO COLLECT A DEBT. ANY INFORMATION OBTAI~m WILL BE USED FORT HAT PUP-POSE. 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 $4,374.29, plus pre-judgment interest at the contractual rate of 18.00% per annum from 01/11/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $743.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. VALERIE ROSEN-BLUTH 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 INFOP~MATION OBTAINED WILL BE USED FOR THAT PURPOSE. VERIFZCATZON I, HEATHER KOORE AN , 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 County, ip~eS~e, of California. Date DesignatedAgent IM:PORTANT L£GAL NOTIC£ Federal law gives vou .30 da,,'s ~er you reeei'.,'e this letter to dispute the validity of the debt or ~n? ps.ri, of'.it.. If you do not dispute the validi~ of the'debt ot any' art of it' witlun 'that enod we will assume that the debt tg valid, ff ~(ou dispute me -,eot. or any part of L a mailing us'a no~ti~eP~o that ~ffect on or bePf~re ~ie 30th day follov~ng tile date you ,receive~ ttus letter--we. ,,~li[ ob~n and mail to you Cverilication) ot me debt. And if. within,the same.pe.rioq, v. ou request m · .,vjg~ fine.me name an~[ ad, dres~ ot me Otigin,a.1%reditor from the current creditor), we will furmsn you wire mat m~prmauon too. ~we on receive a timely written notice, all clinics to COlleCt tills debt will be su~nded until we mail an.,,' r&iuired P. formation to you. ACCOUNT AGKEEMENT Credit Reporting,.. If vou..t'ail to fulfill the terms of your credit . Your FIRST UNION account has been rzansferred m Firs~ Select;. obli~arion, a oegunve ,~remt repor~ .rr.,~ecting on voui' credit recoro Your FIRST UNION account was closed at the time of thJ. s transter mav"be subrmtt~ to a credit reporung agency. Ih order to dispute and will therefore continue to be closed. This Account Agreement an~ Informmion ~ve are reporting abo~.t your'Account, you must contmus the terms that g~'em your First Se, lect _a,,ccount (the write to us aL~.e, followi.ng.a, ddress: ~-[t~t Select. P.O. Box 9104. "Account"). In this Agreemenf. "you" and 'vo~ ~ eac,h,,pe,r, sen P[essanton. ~aifornia who is llaSle for payment on the Account. "We,' ' our. ann us Sharing Information. We may share information with our mean First Select oi' its assignees. Because your Account has been .trunsfe. rre, d,~,~ ~.~ you a,,~ aqw, .obligated m r~pay t.he .Accou.~t to us a.~iliates, inchidin~, wimout tinumtmn, t, rev~atan Nunonsl Bank account, we may act on the instructions of any joint account holder, msU'acuna us not to snare cremt mtormauon v~ta our attmates. Paymeu~Finunoe Charges. As long as you have a balance YOUR RILLING RIGHTS - KEE~ THIS NOTICE FOR FUTURe USE outstanding on vour Account, finance cha~ges are calculated as This ootice cootmns important thformatiou, al~outyour rights and follows: ' our responsibilities under the Fair Credit Btlhng ^ct. To figu.~ the finance charges for each hilling ~ele. we. multiply the Notify Us ia Case of grror~ or Questions About Your Bill average .dai.ly balanoe on .v. our account by a .c.crail'y pori.o~i~'c rote. lOe ff you think your bill is wrung~ or ff you used more informati, on dally ~. riomc rate we a_plhV is your Account's _.k~.naum..~.ementage at,ut aa enti'v on your bill wine us, on a separate sheet, at me Rat6 divided by 365. tee 3mahal Perceata~ l<ate Vnll ee ~l!owing address: First S~"lect, P.O. Box 9104,.P.l.,.~neton, . calculated a~ disclosed in yqur most recent I~tR.ST UNION account ~rms (the "Origin!al_ Terms").~ If yo~ Origi..mfl.Te ..ngs_proxnded for ~aliforma. 94566. ,Write to us a~ soon as pnsslote, e must I~ear ffgm.yo.u no later than...60 days aner.we.~nt you .~e .first bill .on different Ana,udi Percentage. l~ates to oe apptte.a..to m.ge~at. which me error or promam ap~..o. ~tou can tetepaone us, ~ut com~nents.~your ou~_- ~g balance, we win apRiY me..towest doing so will not preserve your rights. such' Annual x'etcentage Ra~ on your enti-~ outstart0.ulg I~a. la~.ce. We,_,m~,,~ accep.t late Or. par.ti.. 'al payme.nts, or ge. yin.eh, ts.marked '.'p.~d Ia the letter, give us the following: in ma or marxea w~m omer resmcuons, w~mout lOSing our ng~g to -- Your name a_nd Aacouat number. c~o[lect all amounts.owing u~. de.r .t~i..'~ Agreement. you may ~sk-F~rst -- The dollar amount of ~ suspected error. . ',etect to p..ay your Account I~v oemung your cn~Ctang.or.~a...v0,'~, s, .-~ A description.ofthe error and ,a~, explaaa.tion, ffpo, ss~ble..of account, t. trst Select wilt fir~ veri_C-y yb'ur idenutv ann ell~lOUl~, tot wov you beheve mere is aa error, u you aeea more mtormanon, ~is service. You may revoke your authorization'by writing to First describe the item you are not sure abfut. Select Customer Service. ' Your Rig,,ts and Our Responsibilities After We Receive Your Feet. We will charge your Account a fee for each billing.cycle Written wi .thin. whic.h your ~c~ount ~ ~linq.u.ent (late..,c .har..ge).~Th~ amq~unt We must acknowl~ge)'our l.e.~.r wi~tl~q 30 days, unless.we have of me late charge will be as diaclosea In vour~.n'lgmm te ,r,ms or me corrected the error oy men. wi.tifin ~ .any. s, we must elu~e~ correc maximum late charge I~.rmitted by the plw ot.~'our state or the error or e.x~lain why we believe the bll~. was correct. A.ttgr we residence, whichever is lower. ' receive your letter, we ~naot try to collect or .~.. rt y..ou as We will charge your Account a fee for each returned ~avment check d.elmqueu.t, as to any .amount yoti ~l.UeSrion, Incl~ng nnance.... (remmedc.h.~.kc .h.~.ge). 'I'h~eamou. nt.!.of the re .mraed'e.~a~kcharge ca,argus, wecunapplyanyunpamamountagam.~yourcretattm. ivlll be as diactoseo ia your t~riginat terms, or ma ma,am,ma Youno not have to pay any q.uestioaed amount wrote we are returned check charge'pe, rnutteaby the law of your state ot ipvestigating, but y~u are ~ll obligated to pay ~ parts of the bill residence, whichever is lower. ' mat are not tn quesuon. To the extent pm, tided in your Ori,,inal Terms and to the extent ffwe find that we have made a mistake on your bill, you will not .permitted by at~licable la~v, in eddltion to your obligations to pa',' have to pay any finance charge related to any quust~oned amount. me outstandin~oalance ou vour Account. ~'lus interest and fees ~ we did uoff make a mistake, you may have to pay finunc.~ charges, disclosed berem, we may al~o charge you for any collecti.o.n,cests - and you will have to make up the niissed.~ayments on me · we incur, including bu~ h. ot limiteti to reportable attorney;s ~ees ann Clues'tinned amount. In either nase. we w~ll send you a statement court costs. If your Onmnal Terms proved.ed for ~n awura ot the amount you owe. And the date that it is due. If .~,.'gu. fml lousy attorBey's fees and couff costs, such provxsi.o.B as incorporated. . the amount b,'e think you ow% we may report you as deimqugn£ herein shall a, pp!v reciprocally to the prevmhng putty in any lawsmt However. if our e.xpl~fnation noes not'sari~i"v v~u and you w'nte to arising out of'thi~ Agreement. ' t~ within l0 days telling us that you still r~ffise to oa~. we mast tC Non-Waiver of Certain Rights. We may delay or waive unvoue we repott you to that you'question your bili~. ~nd we must enl-orcement of any provision of this Agr~.'emefft without tnsing our tell you the name bf anyone we reported you to. We must tell anv6ne we reoort you to that the matter Has been set'fled between u: right to enforce it br any other provision tater, when ff finalrv is.' If we do not follow these rules. '~[e cannot co lect the first 850 of the questioned amount even if your ball x,,'us Applicable Law, Severabilitv. Assignment. No matter where you live, this Asreement and your'Account are governed by federal [aw correct. ~d bY ~I'aw of~e stat$.desigrka, ted as Cq applicubl{ law in your unmnal lerms, uvour ~rig~nm terms ma not cont.n,n an Special Rule for Credit Card Purchases applicable laworovlsiun, then this Agreement and your Account are It'vou have ao,roblem with the qualio, of eoods and ser'.Sces that oovemed by federal law and the taw of your state of resideoce, voit purchased .v~th your FIRST t.,'NtON Credit Card and you have tri. ~his Agreement is a t'um.t expression or'the agreement betxveen you in good faith to correct the problem with the merchanl, you may and us and may not be contradicted by evidence of aa,,' alleged 6rtl have to pay the remaining amount due on the goods or gervices~ agreement. Ifh provision of this agreement is hel~ ~o'be ~}~ ~r There are b.~o linfitations to this right: (a~ you most have made thc unenforceable, you and we will consider that pro,,'lSA0n nioamo purchase in your home state or if not within yoar home state. conform to applicable law and the rest, of the orovls~on m the xvlthin t00 d~lles or'your current mailing address: and !.bl the Aoreement will still be ei~'~rceabte. We may transfer or assAgn our purc Aase price must'have been more than 550. These hmAtattous ,: n~t to all or some of your payments. Lt' stale taw reqmres that you not app v il' eKher we or FIRST UNION own or operate tile mercll;tl~ receive notice of such an event to protect the purchaser or the ' or we or'FIRST UNION mailed you the advertisement t'or the ;tssignee. we may give xou such notice by filing a Hanncmg or services. ' ' statemem ~v~th tile statb, s Secretary or' S(ate. Custonler Sen'ice. F. or ~eneral questto.n.s re~arding your First .888.9'2.4-20011. For quality assurnnce purooses and to impros~e. customer service a/Id seeAirl('l', telephone calls to or from oAir ot~ICc$ SHERIFF'S RETURN - REGULAR CASE NO: 2001-03329 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS WHITE APRIL BRIAN M. BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon W/qITE APRIL the DEFENDANT , at 0915:00 HOURS, on the 4th day of June , 2001 at 147 N EAST ST CARLISLE, PA 17013 by handing to CHARLES BOYLE, ROOMMATE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So~~~ Answer~.. ,,,~ --~ Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 31.10 06/07/2001 PI~RK LAW ASS0~IATES Sworn and Subscribed to before By: me this i;F~ day of [J~Deputy/ll; Sheriff ~ 4! A.D. P~ot'nonot ary · VALERIE ROSENBLUTH PARK I HEREBY CERTIFY THAT 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: 147 N EAST ST (215) 348-5200 CARLISLE, PA 17013-2507 ATTORNEY FOR PLAINTIFF 4168100013205578 CUMBERLAND COUNTY COURT OF CO~ON PLEAS FIRST SELECT, INC. Plaintiff VS APRIL WHITE Defendant NO.01-3329 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 $4,374.29 ATTORNEY FEES $743.00 PLUS ACCRUED INTEREST $303.62 LESS PRINCIPAL PAID ($0. oo ) LESS OTHER PAYMENTS ($0.00) TOTAL $5,420.91 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 No. 237.1 is attached hereto and ma~ed Exh~" VALERIE ROSENBLUTH PARK, ESQUIRE Attorney for the Plaintiff NOW,~ , '~~ ., Judgment is entered in favor of the__..____PI~ 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 I HEREBY CERTIFY THAT THE ATFORNEY I.D. # 72094 TRUE AND CORRECT ADDRESS IS: PARK LAW ASSOCIATES, P.C. PLAINTIFF: 4460 ROSEWOOD DRIVE 25 EAST STATE STREET, P.O. BOX 1779 PLEASANTON, CA 94588 DOYLESTOWN, PA 1890! DEF: 147 N EAST ST (215) 348-5200 CARLISLE, PA 17013-2507 ATI'ORNEY FOR PLAIN'i'II~F CUMBERLAND COUNTY ~OURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS APRIL WHITE Defendant NO. 01-3329 NOTICE OF PRAECI~E FOR ENTRY OF DEFAULT JUDGMENT 147 N EAST ST CARLISLE, PA 17013-2507 DATE OF NOTICE: 6/26/01 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 TI-IIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, ~ TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL I-IF.! .p. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR CARLISLE, PA 17013 (717) 240-6200 PARK LAW ASSOCIATES, P.C. ¢¢.' THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 7XHIBIT · VALERIE ROSENBLUTH PARK I HEREBY CERTIFY THAT 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: 147 N EAST ST (215} 348-5200 CARLISLE, PA 17013-2507 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS NO. 01-3329 APRIL WHITE Defendant VERIFICATION OF NON-MILITARY SERVIC~ 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 i~-PRIL WHITE, Defendant is over 21 years of age; that his/her place of residence/business is located at 147 N EAST ST CARLISLE, PA 17013- 2507 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 an~ its amendments. PARK I.~~ Valerie Rosenbluth Park Attorney for Plaintiff VALERIE ROSENBLUTH PARK I HEREBY CERTIFY THAT 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: 147 N EAST ST (215) 348-5200 CARLISLE, PA 17013-2507 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS NO. 01-3329 APRIL WHITE Defendant 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. PURSUANT TO THE FAIR DEBT COLLECTION P~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.