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HomeMy WebLinkAbout01-33324. 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 $11,765.16 as of 01/04/2001, plus pre-judgment contractual interest at the rate of 18.00% per annum, less pay~nents 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 $2,000.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $11,765.16, plus pre-judgment interest at the contractual rate of 18.00% per arhnum from 01/04/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,000.00, 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 ATTEMPT TO COLLECT A DEBT. ANY INFOI~MATION OBTAIh~m 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. W~EP~EFORE, Plaintiff demands that Judgment be rendered in favor of the Plaintiff, First Select, Inc. and against the Defendant in the amount of $11,765.16, plus pre-judgment interest at the contractual rate of 18.00% per annum from 01/04/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,000.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PAR/{ LAW ASSOCIATES, P.C. BY:~' 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 ATT~(PT TO COLLECT A DEBT. ANY INFORNATION OBTAINED WILL BE USED FOR THAT PUP. POSE. VERIFICATION I, MARY M. MAXEOON , 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, in the State of California. Date Designated Agent F RST ~ELECT · EXHIBIT ACCOUNT AGREEMENT ~o~~~~~l~yourF~l~(~m ~,,). ~.~,,~,,~,,~ ~ Us h C~ ~ K~n or ~dom A~ Y~ ~ SHERIFF'S RETURN - NOT FObrN-D CASE NO: 2001-03332 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST SELECT INC VS MARTIN WILLIAM R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT MARTIN WILLIAM but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , , NOT FOUND , as to the within named DEFENDANT , MARTIN WILLIAM UNABLE TO SERVE PRIOR TO EXPIRATION. PO BOX 194 CAMP HILL, PA 17011 (MAILING ADDRESS) Sheriff's Costs: S7~ Docketing 18.00 Service 10.40 Not Found 5.00 Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 43.40 PARK LAW ASSOCIATES 07/03/2001 Sworn and subscribed to before me day of this ,~ Prothono~ar~ ~ I HEREItY CERTIFY THAT 1%1E WITHIN i8 ATRUE AND CORRECT COPY OF 1HE ORIGINAL ON FILE ,~' AT~ll~NIY RGR IIhAINTIFFI[~II~IIIiMW WT,~.~IE ROS~mL=m P~K, ESQUI~ ~ 00~ ~ R~RD Atto~ey I.D. %72094 ~T~yw~, I ~r~.~~ ~ ~w ~soc~THs, ~. c. ~ ~ ~ d ~ ~ a ~. ~ 25 ~st State Street ~~~ ~ ~ P.O. Box 1779 ~~ D~lesto~, PA 18901 (215) 348-5200 ATOMY ~R P~I~IFF ~E~ ~ CO~T OF ~N P~.~ FIRST SELECT, INC. Plaintiff VS. WILLIAM MARTIN Def.nd.tNoTIc 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 LAW~a~ AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, C~ TO, OR T~.?~PHONE 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. AN~ INFORMATION OBTAINED WILL BE USED F0~ THAT PU~tPOSH. VALERIE ROSENBLUTH PARK ATTOP, NEY I.D. # 72094 PAI~K LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#: 4168100012922900 CUMBEPJ~%~D COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC.. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS WILLIAM MARTIN 623 HIGH ST EWOLA, PA 17025-3162 DEFENDANT NO. 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 Defend-hr, WILLIAM MARTIN , is an individual who resides at 623 HIGH ST ENOLA, PA 17025-3162, 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 Defen4~nt on a credit card or line of credit, bearing account number 4168100012922900. THIS IS AN ATTemPT TO COLLECT A DEBT. ANY INFOP. MATION OBTAINED W~LL BE USED FOR THAT PUP. POSE. 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 $11,765.16 as of 01/04/2001, 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 $2,000.00. WHEPJZFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $11,765.16, plus pre-judgment interest at the contractual rate of 18.00% per annum from 01/04/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,000.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT 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 bythe Defendant. 10. The DefeD~-nt 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 Defe~nt THIS IS ANATT~PT 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 Defe~nt 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 $11,765.16, plus.pre-judgment interest at the contractual rate of 18.00% per annum from 01/04/2061 until the date of the judgment herein, plus reasonable a~torney's fees in the amount of $2,00~.00,'lesB payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALEHIE ROSENBLUTH PARK, ESQUIRE PURBUANT 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 OBTAIB~u WILL BE USED FOR T~AT PURPOSE. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORNATION OBTAIneD WILL BE USED FO~ THAT PURPOSE. VERiFiCaTiON I, MARY M. MAXEDON , declare that: I &m 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 under~tand 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, in the State of California. Date Designated Agent F 'RST SELECT A EXHIBIT_ ACCOUNT AGREEMENT Vi~LERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 Pi~K LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBEP~LA~D, PENNSYLVANIA FIRST SELECT, INC. Plaintiff VS. WILLIAM MARTIN Defendant NO. 01-3332 SUC~ESTION 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, PA~K LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQ. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEMPT BROTHERS, INC : No. 01-3322 CIVIL TERM Plaintiff : : vs. : CIVIL ACTION - LAW : KMS CONSTRUCTION, LLC : Defendant : INTERROGATORIES TO GARNISHEE IN AID OF EXECUTION TO: Mid Penn Bank 4622 Carlisle Pike Mechanicsburg, PA 17055 PURSUANT TO RULE 3114 OF THE RULES OF CIVIL PROCEDURE, THE FOLLOWING INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION. GARNISHEE IS HEREBY REQUIRED TO ANSWER EACH OF THE FOLLOWING INTERROGATORIES SEPARATELY AND FULLY. PLEASE COMPLETE THE FOLLOWING INTERROGATORIES TO ASSIST THE CREDITOR'S EFFORTS TO SATISFY THE LAWFUL OBLIGATION OF THE ABOVE REFERENCED DEBTOR(S). IMPORTANT NOTICES AND INSTRUCTIONS TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. B. The term "Defendant(s)" means the individual(s) or entity against whom the Writ of Execution was issued. C. "You" means the main office and all branch offices, representatives, employees. and agents of Mid Penn Bank. D. By service of the Writ of Execution upon you, ali property of the Defendant(s) subject to attachment which is in your possession, custody or control is attached, including all property of the Defendant(s) which comes into your possession thereaRer. E. These Interrogatories are considered to be continuing and therefore should be modified or supplemented as you receive further or additional information. F. Where exact information cannot be furnished, estimated information is to be supplied. When an estimate is to be used, it should be identified as such, and an explanation should be given as to the basis on which the estimate is made, and the reason the exact information cannot be furnished. G. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, representatives, and attorneys. D~'ttmenl #: 20?826. I ' pLAINTIFF S INTERROGATORIES TO GARNISHEE · ' ' -K_MS CONSTRUCTION, LLC. DEFENDANT /~31308807-650439' 3 Checking account OUNTS At the time you were served or at any . · ' s an cbecki . savings, lines · DEPOSIT_OR.Y_A_C. C~U,~e~fendant(s) maintain... }.~... insting~iion. If so.,.s.late x. ~~her or no[ tll~ .t~, , -~.~,,,ln"{'LS WUB yuu- · ~ ~,,a~nt(S/nas .,,h.enuent time, state_w.u'E'_"..:,o ,,. other depositor~ u~.,~..L, ,.. mounts the De,-,, ..... -- ~ .... "~ ~:~..~t~- O~/oeDOs~t ~ ,,- ._ ~,,a th~ amoum ,,- a other person, or of credit, cert.t,,,-,,-.- ._: ..~ ,h,~se accounts, ~,"' jointly with any the identification numocr~ ,~- "'~ in each account. If the Defendant(s) mnintains any of these persons, give their name and address. IA. DIRECT DEPOSIT ACCOUNTS: Are any of the accounts you have lismd above direct deposi~un~. ~' please si;~i~: the identification numbers of those accounts. SAFE DEPOSIT BOXES: At the time you were served or at any subsequent - ' ins any safe deposit box or boxes. If so, 2. ~ ~ .... not the Defenda,~(s).mamta. -~-~-~ ~-ox or boxes. Includ.e a full time. state w.nem.~ ~,t. _ number or other oesignauon, o~ u,~ ,, -~'ose contents If me include the ia~e[~iet~.Caotn~t~ and also the amount of cas~tl~e~grs~)~ or persons 'give their full description, oj t ..... v t~se iointlv with any om Defendant[s) mammms any ~, ..... ~ name and address. No 3. PERSONAL PROPERTY: At the time you were served or at any subsequent time, state whether or not Defendant(s) owns any personal property that was in your possession and/or control. If so, include a full description of all personal property giving full value and present location. State also whether or not there are any encumbrances or liens holders, the present balance of the encumbrance. State where and when the encumbrances or liens were recorded. If the Defendant(s) owns any personal property jointly with any person or persons, give names and address. 4. OTHER ASSETS: At the time you were served or at any subsequent time, did you know of the existence of any other asset(s) of the Defendant(s) which are not disclosed in the preceding Interrogatories. If so, please set forth all details concerning those asset. 5. PROPERTY: At the time you were served or at any subsequent time, was there in your possession, custody, or control or in the joining possession, custody, or control of yourself and one or more other persons any property of any nature owned solely or in part by any Defendant(s)? If so. please describe for each Defendant each item of property including its value. COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I, ,,c'~'flrl'~ ~. ~ Vice President of Mid Penn Bank, a Pennsylvania banking corporation, being duly sworn according to law, do depose and say that the answers set forth in the foregoing Interrogatories are true and correct based upon the best of my knowledge, information and belief. MID PENN BANK Vice Presi~nt ~ Sworn and subscribed to before this ,~ dayof ~.,..]_~ 2001 Nol~ry Pubi~ my cbmmission expires: (seal)