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HomeMy WebLinkAbout01-3331 VALERIE ROSEN-BLUTH 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 CO~ON PLEAS FIRST SELECT, INC. Plaintiff VS. PAMELA V HODGE Defendant NO. ~-- 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 yo~. 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 LEC4%L 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 PUI~POSE. 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#.: 4168100012418370 CUMBEP. I~%ND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS PAMELA V HODGE 169 WEST NORTH STREET CAm ISL ., PA 1701 - 4 9 DEFENDANT NO. ~;/o 333/ C l~r/L ACTION 1. The Plaintiff, First Select, Inc. is a Delaware corporation 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 DefeDd~nt, PAMELA V HODGE, is an individual who resides at 169 WEST NORTH STREET, CARLISLE, PA 17013-3439. 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 4168100012418370. 4. The terms of said account are stated in the documentation attached hereto as Exhibit "A". 5. The DefenSsnt 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 $4,935.09 as of 03/06/2001, 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 reasoD~hle attorney's fees, and Plaintiff will incur attorney's fees in the amount of $838.00. WHEREFOP, E, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $4,935.09, plus pre-judgment interest at the contractual rate of 10.00% per annum from 03/06/2001 until the date of the judgment herein, plus reasom~hle attorney,s fees in the amount of $838.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT I- ALTERNATIV~ 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. WHEREFOP, E, Plaintiff demands that Judgment be rendered in favor of the Plaintiff, First Select, Inc. and against the Defendant in the amount of $4,935.09, plus pre-judgment interest at the contractual rate of 10.00% per annum from 03/06/2001 until the date of the judgment herein, plus reasonable attorney,s fees in the amount of $838.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PA~K LAW ASSOCIATES, P.C. VALERIE ROSENBLUTH PARK, ESQUIP, E PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED T~AT WE STATE THE FOLLOWING TO YOU: THIS COS~gu~NICATION IS FROM A DEBT COLLECTOR AND IS AN ATT~PT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. .- WRmFZC TZON HE'HER KOOREMAN , 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 t~e. I understand that 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 under pe~lty of perju~ t~t the foregoing are t~e md correct. ~ecuted at Alame~ County, in the State of California. · Date DesignatedAgent so.o,o~.so, o...~ ~ FIRST SELECT EXHIBIT ....... 888-924-2000 ACCOUNT AGREEMENT Y~r ~S~[A~S ~ount h~ ~ ~f~ to F~ Sel~ C~i~. Your .~S~ [ATES account w~ cl~d ~ ~ ti~ oft~ tr~[~, a~ will ~ip~ally m ~e ~[ing p~ in my ~uit ~sing out o~h~ A~ Non-W~ver of Ce~ ~Ib~ We ~y &ia~ or w~ ~o~ of ~ ~visi~ of ~ ~t wi~out [~ing ~ fi~t m ~o~ it ~ ~y o~ ~ ~-~---~ .......... ~-- -- ~ · · · n ' SHERIFF' S RETURN - REGULAR CASE NO: 2001-03331 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS HODGE PAMELA V 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 HODGE PAMELA V the DEFENDANT , at 1500:00 HOURS, on the 8th day of June , 2001 at 169 W NORTH ST CARLISLE, PA 17013 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: So Answers: Docketing 18.00 ~~~/,/~ Service 3.10 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 31.10 06/12/2001 PARK LAW ASSO~ Sworn and Subscribed to before By: me this ~ ~ day of /DepUty Sheriff ~ J~! A.D. / 9r6thonotary FIRST SELECT, INC., : Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : : NO. 2001- 3331 CIVIL TERM PAMELA V. HODGE. : Defendant : CIVIL ACTION - LAW NOTICE TO PLEAD TO: First Select, Inc. You are hereby notified to file a written response to the attached New Matter and Counterclaim within twenty (20) days from service bereof or a judgment may be entered against you. Date Philip C.{Brig, anti ~ Counsel for Defendant MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 FIRST SELECT, INC., : Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : : NO. 2001- 3331 CIVIL TERM PAMELA V. HODGE, : Defendant : CIVIL ACTION - LAW ANSWER i. Admitted. 2. Admitted. 3. Denied. Defendant denies that she is indebted to Plaimiffby virtue of charges or cash advances incurred by the defendant or authorized by the defendant on a credit card or line of credit, bearing aegount number 41681000124 ! 8370. 4. Admitted in part and denied in part. Defendant admits that the terms of account number 41681000124 ! 8370 are set forth in Plaintiff's Exhibit "A". However, Defendant denies that she incurred charges or cash advances on an account bearing that number. Defendant repeats and incorporates by reference her averments set forth above in Paragraph 3 herein. 5. Admitted in part and denied in part. Defendant admits that she has not paid the entire amount Plaintiff claims she owes under the terms of the Account Agreement, but avers that she has made significant payments. Defendant repeats and incorporates by reference her averments set forth above in Paragraphs 3 and 4 herein. 6. Denied. After reasonable investigation, Plaintiffis without knowledge or information sufficient to determine any amount in which she may be indebted to Plaintiffas of 03/06/2001. 7. Denied. For reasons set forth below in Defendant's New Matter, Plaintiffis not entitled to attorney's fees. Defendant denies that Plaintiffwill incur attorney's fees in the amount of $838.00. 8. Defendant repeats and incorporates by reference her averments set forth above in Paragraphs ! through 7. 9. Denied. Defendant denies that she received the monetary benefit alleged by Plaintiff. Defendant repeats and incorporates by reference her averments set forth above in Paragraphs I through 8 herein. 10. Denied. Defendant denies that she accepted the benefits alleged by Plaintiff. Defendant repeats and incorporates by reference her averments set forth above in Paragraphs 1 through 9 herein. 1 i. Denied. Defendant denies that she knowingly requested the funds at issue, and/or knowingly and voluntarily accepted the benefits bestowed. Defendant repeats and incorporates by reference her averments set forth above in Paragraphs 1 through 10 herein. 12. Denied. By virtue of Plaintiff's conduct in attempting to collect the alleged funds, it would not be inequitable for this Court to allow Defendant to retain them. Defendant repeats and incorporates by reference her averments set forth above in Paragraphs 1 through 11, and incorporates the averments set forth below in her Counterclaim. NEW MATTER 13. Defendant repeats and incorporates by reference her averments set forth in Paragraphs I through 12 herein. 14. The Account Agreement is unenforceable and unconscionable, in that it is an adhesion contract over the terms of which Defendant had no control or bargaining power. 15. The amount of attorney's fees requested by Plaintiffis unreasonable and excessive, and bears no relation to actual attorney's fees incurred by Plaintiffin pursuing this action. 16. Defendant has made payments to Plaintiff for which she believes, and therefore avers, she did not receive credit. WHEREFORE, Defendant prays that the relief requested by Plaintiffbe denied, and that she be granted such other and further relief as this Court may deem reasonable and just. COUNTERCLAIM Violations of Unfair Tnsde Practices and Consumer Protection Law 17. Defendant repeats and incorporates by reference her averments set forth above in Paragraphs I through 16 herein. 18. Beginning in or about March 2000, and extending to approximately May 2000, a duly-authorized agent of Plaintiff' contacted Defendant by telephone, seeking to collect the debt Plaintiff claims Defendant owes in this action. 19. During this time period, said agent telephoned and spoke to debtor and/or her children two or more times per week 20. Said agent threatened to take Defendant's income tax refund if she did not pay the alleged debt, and repeatedly demanded that she wire him money and try to get money from relatives to pay him. 21. During his telephone conversations with Defendant, said agent yelled at Defendant, degraded her and was otherwise verbally abusive. 22. On several occasions, said agent discussed the alleged debt with two of Defendant's children, who were 1 S-years-old and 17-years-old, and told them to tell Defendant to wire him money, or to get a relative to send him a check. 23. The above-described conduct of Plaintiff's agent caused her to cry and experience severe emotional distress, which greatly upset her children. 24. Plaintiff's above-described actions, by and through its agent, constitute unfair and deceptive acts and practices within the meaning of the Unfair Trade Practices and Consumer Protection Law (73 Pa. C.S.A. Section 201-1 et sea_..) and the regulations promulgated pursuant thereto (37 Pa. Code Section 303.1 et sen.) in that: a. Plaintiffthreatened that non-payment of the alleged debt would result in the seizure, garnishment, attachment or other taking of Defendant's income tax refund, when such action was unlawful and Plalntiffdid not intend to take such action. b. Plaintiffrepresented that it could take her income tax refund when such action could not legally be taken or was not intended to be taken. c. Plaintiff used language the natural consequence of which was to abuse Defendant. d. Plaintiffabused or harassed Defendant by telephone, by means which include but are not limited to continuing to telephone Defendant during a 7-day period following a telephone discussion between Plaintiff's agent and Defendant. e. Plaintiffcommunicated or implied the fact of Defendant's alleged debt to persons other than Defendant, without the written consent of Defendant given directly to Plaintiff subsequent to the commencement of collection activities or without the express permission of a court of competent jurisdiction or as reasonably necessary to effectuate a post-judgment judicial remedy. f. Plaintiffotherwise used false representations or deceptive means to collect or attempt to collect the alleged debt. g. Plaintiffotherwise abused or harassed Defendant in connection with the collection of the alleged debt. WHEREFORE, pursuant to 73 P.S. Section 201-9.2, Defendant respectfully requests that she be awarded actual damages or $100.00, whichever is greater, for each violation of the Pennsylvania Unfair Trade Practices and Consumer Protection Law (73 Pa. C.S.A. Section 201-1 et seq.) and the regulations promulgated pursuant the~o (37 Pa. Code 303.1 et sen.); treble damages; and such additional relief as this Court may deem necessary or proper. Respectfully submitted, MIDPENN LEGAL SERVICES, INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 · FIRST SELECT. INC., : Plaintiff : IN THE COURT OF COMMON PLEAS O'F : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001- 3331 CIVIL TERM PAMELA V. HODGE, : Defendant : CIVIL ACTION - LAW VERIFICATION I verify that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 P.S. Section 4904, relating to unswom falsification to authorities. Pamela V. Hodge FIRST SELECT, INC., : Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2001- 3331 CIVIL TERM PAMELA V. HODGE, : Defendant : CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Philip C. Briganti, hereby certify that I am this 27th day of June, 2001, serving a copy of the foregoing Notice to Plead, Answer, New Matter and Counterclaim upon Plaintiff, by mailing a tree copy of the same to Plaintiff's counsel at the following address by first-class U.S. mail, postage prepaid: Valerie Rosenbluth Park, Esquire PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 Pl~{lip C. l~ganti ~r Counsel for Defendant MIDPENN LEGAL SERVICES. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 VALERIE ROSF/qBLUTH PAR/i, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTOP~NEY FOR PLAINTIFF FIRST SELECT INC. : CUMBERLAND COUNTY : COURT OF CO~40N P?.~.~S Plaintiff : : VS. : PAMELA V. HODGE : Defendant : NO. 2001-3331 CERTIFICATE OF SERVICE Valerie Rosenbluth Park, Esquire, certifies that she is the attorney for the above named Plantiff in the instant action and that on August 21, 2001 she served a true and correct copy of Plaintiff's Response to New Matter and Counterclaim, by mailing same first class mail, postage paid, to the person and at the address set forth below: Philip C. Briganti, Esquire MidPenn Legal Service 8 Irvine Row Carlisle, Pa 17013 PARK! LAA ASSOCIATES, P.C. BY ' VALER PARK, ESQ. ATTORNEY FOR PLAINTIFF ~tto~Se.Y. _ .~9~S, P '~ ' CO~ O~ CO~ c~plaznt as i~ in this .paragraph ~e allegations contained is re~Xred ~er 14. De~ied- ~- ,.,h ch ~ reSp~Se Rules o~ civil procedure. is feasted ~er the conclusions of ~- Rules o~ Civil procedure. ~s not receive credit- 16. Deniea- ~t ~la~if~ ~or whZCh ~credit ~or all Pa~ents ~de pa~entS to Defe~nt received ~ the contraS, t~ ~de. -e--,ests t~C this · ' tiff respe?t~ully ~ ~plainci~ ~ aga~ns ~, plal~ .... n in ~avor oz_ . =~'s civil the De~en~C ~' - C~laint- ~_. ~aragraphs I u". '~Lif~' s Res9°ns~ ntif~ inco~orau~ ~u~h 16 of pla~ ~ ~ rein De~en~t s ~ length. c. Denied. The allegations contained in this Paragraph are Conclusions of Law to which no response is required under the Rules of civil Procedure. By way of further answer, Plaintiff specifically denies that it used language which was intended to abuse Defendant. d. Denied. Plaintiff denies that it abused or harassed Defendant by telephone or that an agent of Plaintiff acted improperly in anyway. e. Denied. Plaintiff specifically denies that Plaintiff communicated and provided information regarding' Defendant's debt to anyone other than the Defendant or a person authorized by the Defendant to receive.guch information. f. Denied. The allegations contained in this Paragraph are Conclusions of Law to which no response is required under the Rules of Civil Procedure. Byway of further answer, Plaintiff specifically denies that it used any false representation or deceptive means in order to collect the debt from the Defendant. g. Denied. Plaintiff specifically denies that it abused or harassed Defendant or acted improperly in any way in its attempt to collect the debt from the Defendant. WHEREFOP, E, Plaintiff respectfully requests that this Honorable Court enter judgment in favor of Plaintiff and against the Defendant in the amount requested in Plaintiff's Civil Complaint and that Defendant's Counterclaim be dismissed with prejudice. Respectfully Submitted, Park Law~ssociates, P.C. BY: VALERIE ROSENBLUTHPARK, ESQ. VERIFICATION state of KENTUCKY county of JEFFERSON .~.,___~~ERD , States that he/she is the .... ~ ~ Plaintiff in the foregoing t riactlon' that he/s to take this Affidavit on its behalf and that the facts contained in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief. He/She further understands that false statements made herein are subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification to authorities. Name: VALERIE ROSENBLUTH PARK ATTOP. NEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTOP. NEY FOR PLAINTIFF CUM~RLAND COUNTY COURT OF CO~MON PLEAS FIRST SELECT, INC. Plaintiff VS PAMELA V. HODGE Defendant NO. 01-3331 ORDER AND NOW, to wit, this ;~ day of ;;9~ , 2002, upon presentation of the attached Stipulation and Settlement Agreement on behalf of First Select, Inc., the Plaintiff, and Pamela V. Hodge, the Defen~snt, the Stipulation and Settlement Agreement is hereby approved andmade an Order of the Court. BY THE COURT: Feb OS O~ [O:Zga PRRK LRM RSSOC[RTES PC 2[5 3~8 ~015 p,~ VAI~R~ROS~NBLUTHPARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWR, PA 18901 (215) 348-9200 ATTORNEY FOR PLAINTIFF C~BERLAND COUNTY COUKT OP FIRST SELECT, INC. Plaintiff VS PAMELA V. HODGE ! DefeDd~nt i NO. 01-3331 STIPULATZ01~ A~D SETn~.~ AND N~, ~hi.~ ~ ~y of~ 2002, ~hi, s~ula~ion i. between P~ela V. Ho~e, the Defend2 /~d First Select, Inc., the Plaln2iff, a~ all ~rties hereto ~ve consented to this Stipulation ~d the parties agree as follows: 1. ~fe~t will pay the bal~ce of $2,500.00. 2. The first ~a~en~ of $100.00 is to ~ recei~d on or ~fore ~15, 2002~ ~.1~ 3. Thereafte~fe~t will ~y this office the s~ of $100.00 on or ~fore ~ 1S, 2002, ~d on the same ~y of each month ~(~ ~hereaf~er un~il Defendant's obligation includi~ in~eres~ ~d ~ ~./~. cos~s ~, been ~a~ in full, ,~ which ~me, ~lain~ff w~ll file a Praecipe to ~ve this matter ~rked as set~led ~d discontinued, with prejudice. 4. Defendant will make your checks/money orders pay~le to Park ~w Associates, P.C., at~o~eys for Firs~ Select, Inc., and ~il all checks/ money orders to: P~ ~W ~80CIATES, P.C. 2S ~. STAT~ ST. P.O. B~ 1779 ~yles~, PA 18901 Feb 06 02 lO:ZSa PRRK LR~ RSSOC[RTES PC 215 3~8 4015 p.3 5. Time shall be of the essence so that in the event Defendant does not make any of the requested payments in a timely manner, this Stipulation shall he deemed to be in default and Plaintiff may proceed to file judgment against Defendant for the balance due as stated in the civil action complaint including interest attorney's fees and Court Costs u~on the CONDITION that Defen~=nt does not cure the default within thirty (30) days of written notice being sent to the following: Philip C. Briganti, Esquire Mid Penn Legal Services 8 Irvine Row, Carlisle, PA 17013. 6. In consideration of the above, Defendant agrees that Defendant's counterclaim is hereby withdrawn with prejudice. Park Law Associates, P.C. BY: /~/~ , Mid Penn Legal Services BY: ~re Attorney for ~ Pamela V. Hodge hereby acknowledges that I have received a tr~e and correct copy of the Stipulation, ratify same, have had opportunity to consult an attorney, and execute this Stipulation willingly, and knowingly, thus that it shall be made an Order of Court. Defendant THIS ZB AN A'A-r~(PT TO ~ FOR THAT VALERIE ROSENBLUTH PARK, .ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-52oo ATTORNEY FOR PLAINTIFF CUMBE~ COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC Plaintiff VS PAMELA V HODGE Defendant NO. 01-3331 PRAECIPE TO SETTLE, DISCONTI~u~ AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended upon payment of your costs. PARK LAW A~P.C. BY: VALERIE ROSENB~.PARK, ESQUIRE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.