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Home My WebLink About02-0689VALERIE 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# :4168100016745950 CUMBERLAND COUNTY COu~T OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 VS PLAINTIFF SHAKEANA SIMS 11 BROOKSIDE AVE SHIPPENSBURG, PA 17257-9702 DEFENDANT No. 02 - &P? 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. CIVIL ~CTION The Plaintiff, First Select,~Inc. is a Delaware corporation 2. The Defendant, SHAKEANA SIMS , is an individual who resides at 11 BROOKSIDE AVE SHIPPENSBURG, PA 17257-9702, 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 4168100016745950. 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 $1,809.49 as of 01/22/2002, 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 $307.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $1,809.49, plus pre-judgment interest at the contractual rate of 18.00% per annum from 01/22/2002 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $307.00, 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 $1,809.49, plus pre-judgment interest at the contractual rate of 18.00% per annum from 01/22/2002 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $307.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, 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 THAT PURPOSE. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VERIFICATION I, ~[~A~~ , 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. Executedi/~/I~Lat Jefferson ~ ~~te of Kentucky. Date Designated Agent 5g40 JOHNSON DRIVE BOX 9104 Pt~:ASANTON, CA 945ee 888-9_~; ACCOUNT AGREE~vI~NT Co~ P.O. B~ 9tO~ PI~. ~ ~. . YO~ ~G ~S - ~ 'r~,S.N~ FOR ~ ~ Sp~ R~n for C~ ~ ~ ~ ~ ~m ~ 550. ~e ~uo~ ~ mt ~ppty ~m~ ~ ~ u~cuv ~K o~ ~ op~ ma m~ ~ u~ or u~cu v ~ ~m~ ~u ~ ORDER FOR SERVICE TO: SHERIFF OF CUMBE~ COUNTY DATE: January 30, 2002 PROTHONOTARY NO: FROM: VALERIE ROSENBLUTH PARK, ESQ. Attorney I.D. 72094 25 East State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR pLAINTIFF CIVIL ACTION COMPLAINT FIRST SELECT, INC. Plaintiff VS. SHAKEANA SIMS Defendants ADDRESS TO SERVE: SHAKEANA SIMS 11 BROOKSIDE AVE SHIPPENSBURG, PA 17257-9702 SPECIAL INSTRUCTIONS: PLEASE DO NOT SERVE OUT OF COUNTY! PLEASE MAKE THREE ATTEMPTS TO SERVE AT DIFFERENT TIMES. THANK YOU! RETURN OF SERVICE TO: PARK LAW ASSOCIATES, P.C. P.O. BOX 1779 DOYLESTOWN, PA 18901 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR TEAT PURPOSE. SHERIFF'S RETURN - REGUI~IR CASE NO: 2002-00689 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS SIMS SHAKEANA GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon the SIMS SHAKEANA DEFENDANT , at 1747:00 HOURS, on the 19th day of February , 2002 at 11 BROOKSIDE AVE SHIPPENSBURG, PA 17257 by handing to AND ADULT IN CHARGE CHARLES PARKER, GRANDFATHER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Hi~ attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.80 Affidavit .00 Surcharge 10.00 .00 41.80 Sworn and Subscribed to before me this ~7~. day of R. Thomas Kline 02/20/2002 PARK LAW ASSOCIATES - Deput~ S~i VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 11 BROOKSIDE AVE SHIPPENSBURG, PA 17257-9702 4168100016745950 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS SHAKEANA SIMS Defendant NO.02-689 PRAECIP~ FOR oubGMENT 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 ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL $1,809.49 $307.00 $55.33 ($0.00) ($0.00) $2,171.82 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 Procedure No. 237.1 is attached hereto and marked Exhibit "A". VALERIE ROSENBLUTH PARK, ESQUIRE Attorney for the Plaintiff NOW,~D~t~ ~ ' ~ ~h , Judgment is entered in favor of the~Plaintiff and against t e 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 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 I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 11 BROOKSIDE AVE SHIPPENSBURG, PA 17257-9702 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. VS SHAKEANA SIMS Plaintiff Defendant NO. 02-689 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: SHAKEANA SIMS 11 BROOKSIDE AVE SHIPPENSBURG, PA 17257-9702 DATE OF NOTICE: 3/12/02 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 THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 40' FLOOR CARLISLE, PA 17013 (717) 240-6200 PARK LAW ASSOCIATES, P.C. BY: VALERIE ROS~NBLUTH PARK, ESQ. CCi THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT VA-LERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASAiFrON, CA 94588 DEF: 11 BROOKSIDE AVE SHIPPENSBURG, PA 17257-9702 CUMBE~T.~ND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS SHAKEANA SIMS Defendant NO. 02-689 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. ~OTHO~OTARY~, ~ PURSUANT TO THE FAIR DEBT COLLECTION P~TICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ~ INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VALERIE ROSENBLUTH PARK ATTORNEY I.D. ~ 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 11 BROOKSIDE AVE SHIPPENSBURG, PA 17257-9702 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS SMAKEANA SIMS Defendant NO. 02-689 VERIFICATION OF NON-MILITARY SERVICE 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 SHAKEANA SIMS, Defendant is over 21 years of age; that his/her place of residence/business is located at 11 BROOKSIDE AVE SHIPPENSBURG, PA 17257-9702 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 and its amendments. PARK LAW ASSOCIATES, P.C. BY: / ~ ,/~ V~rfe R6s~T[bluth Park Attorney fOr Plaintiff El0