Loading...
HomeMy WebLinkAbout02-0733VALERIE 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 ~ERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS.' THOMAS W NEWCOMER Defendant NOTICE NO. ?2J 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 ~AVE 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 ASSOCIATI°N 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 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#: 4168100017940212 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 VS PLAINTIFF THOMAS W NEWCOMER 46 COUNTRY VIEW EST NEWVILLE, PA 17241-8706 DEFENDANT CIVIL ,ACTION 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, THOMAS W NEWCOMER , is an individual who resides at 46 COUNTRY VIEW EST NEWVILLE, PA 17241-8706, 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 4168100017940212. 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 $3,161.37 as of 01/04/2002, 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 $537.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $3,161.37, plus pre-judBment interest at the contractual rate of 18.00% per annum from 01/04/2002 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $537.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT 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 INFOP. F~kTION OBTAINED WILL BE USED FOR T~AT 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 $3,161.37, plus pre-judgment interest at the contractual rate of 18.00% per annum from 01/04/2002 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $537.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. V~"ERIE ~ENBLUTH 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, SUSAN COWHERD , 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 Jefferson Count/,~ in th~ State of Kentucky. Date Designated Agent ACCOUNT AGREEMENT you~ ASSOCIATES act~unt has be~n U'amfermd to Fust S~le~. C~u. Your AS SOCIATES n~ouut was d~_~d, at fl~ fin~ uf .fl~.' transit, nnd will' account .~,,,~ dlsclos~d ia your Origlnal Tram c~ tim maxlmu~ lat~ char~ pm~t~d I~_ ~e taw c~'your s~a~ of ~s~ w~ m ~. · ~ ami c~ufl cos~, Lf your Origltml Tm'ms providad for an award of "" --'~m~'Y~ fires aud court costs, tach Im:rvm°n ~ ~ ~ ~'11 ~IY r~,~ly m tbs 1~!},,.-_ l~,rty in ,my lawsuit ~,~ out or'his Asr,~mmu~ No~-Wl~r of Cerhdn lil~ W~ m~.y d~lay or v/~v~ ~ of mY Provimio~ ofthim A~re~u~lt v~hout lo~ug our riSht to mfforca ~ ~ ~ ~ YOUR ]~.! .]tN(~ RIGHTS - ~-~P THIS NOTICE FOR KOTU]RE USE Notify Us in Cns~ of Errot~ o~ Q~lons About Yo,~ Bm Ccllm~...'ca, p.o. Boxg104, Pleasant~, CA 94~6~. Wfi~musas .s~masp~oi~___w_emu~l~.~.~,uyou~o beliava t~ bill wa~ cc~r~'L ch~rg~ Wmcanapplyanyunpaldmmm~apms~yourc~dltlin~ You~ouothav~topaymyqu~tiomd~nom~wmmwesr~inw~8~/m~,uuty°u ~mu S~ ~ for ~t SHERIFF'S RETURN - REGULAR CASE NO: 2002-00733 p COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS NEWCOMER THOMAS W 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 NEWCOMER THOMAS W the DEFENDANT , at 2005:00 HOURS, on the 19th day of February , at 46 COUNTRY VIEW EST 2002 NEWVILLE, PA 17241-8706 THOMAS W. NEWCOMER by handing to 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: Docketing 18.00 Service 6.90 Affidavit .00 Surcharge 10.00 .00 34.90 Sworn and Subscribed to before me this ~7~ day of 09_ A.D. So Answers: R. Thomas Kline 02/20/2002 PARK LAW ASSOCIATES By: Deputy S~riff 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: 46 COUNTRY VIEW EST NEWVILLE, PA 17241-8706 4168100017940212 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS THOMAS W NEWCOMER Defendant NO.02-733 CIVIL TERM PRAECIP~ 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 ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS $3,161.37 $537.00 $124.72 ($o.oo) ($0.00) TOTAL $3,823.09 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 "~/~ Attornes~'for the Plaintiff AlqD NOW, ~Da't{ ~ , ~, Judgment is entered in favor of the'~lai~tiff-and~t ~heaga 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 ~ HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 46 COUNTRY VIEW EST NEWVILLE, PA 17241-8706 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS THOMAS W NEWCOMER Defendant NO. 02-733 CIVIL TERM NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: THOMAS W NEWCOMER 46 COUNTRY VIEW EST · NEWVILLE, PA 17241-8706 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, 4t~ FLOOR CARLISLE, PA 17013 (717) 240~6200 PARK LAW A BY: VALERIE ROSENBLUTH PARK, ESQ. CC: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT- 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: 46 COUNTRY VIEW EST NEWVILLE, PA 17241-8706 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS THOMAS W NEWCOMER Defendant NO. 02-733 CIVIL TERM 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 THOMAS W NEWCOMER, Defendant is over 21 years of age; that his/her place of residence/business is located at 46 COUNTRY VIEW EST NEWVILLE, Pa 17241-8706 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. . Valerie ~osenbluth Park Attorney for Plaintiff EIO 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: 46 COUNTRY VIEW EST NEWVILLE, PA 17241-8706 CUMBERLA/~D COU~ FIRST SELECT, INC. Plaintiff VS THOMAS W NEWCOMER Defendant TY COURT OF COMMON PLEAS NO. 02-733 CIVIL TERM 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 ~C~CES 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.