Loading...
HomeMy WebLinkAbout02-0815VALERIE 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS. GARY W ADAMS Defendant NOTICE NO. 02 - 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 CARLISLE, PA 17013 (717)249-3166 (800) 990-9108 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, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:4168100019600541 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 VS GARY W ADAMS 801 SANDBANK RD MOUNT HOLLY SPRINGS, 1. The Plaintiff, PLAINTIFF DEFENDANT NO. d~9. "- p/,~' ~ CTVTL ,ACTION 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, GARY W ADAMS , is an individual who resides at 801 SANDBANK RD MOUNT HOLLY SPRINGS, PA 17065-1108, 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 4168100019600541. 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 $5,729.17 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 $973.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $5,729.17, 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 $973.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COU~W~ 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 INFOP.~ATION 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 $5,729.17, 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 $973.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW AS~ 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 SUSAN COWHERD I, , 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 County, in the State of Kentucky. Date Designated Agent EXHIBIT, ACCOUNT AGREEMENT Your FLEET BANK a~ount has been tranafe~'~l to First S~l~t Corporation. Your FLEET BANK a~count was closed at the time of this trausfa., and will tha.~fore c~tinue to ba closed. This A~ount Ag~ment contains the terms that govern your First Select account (the "Account"). In this Ag~emant, "you" and "your' ra~an each l~rSon who is liable for paym~t on the A~ount. "We," 'our," "ours," and "us" mean Fkst Select Corporation or its aasign~s. Becaas~ your Account has ~ ~raosferred to us, you are now obligated to repay the A~ount to us i~ead of FLEET ~8.auNK. If the Account was opened as a joint account, we may a~t on the instructions of any joint accounthokhr. Payments / Finance Charges. As long as you have a balance outstanding on your Account, finance charges are calculated as follows: To nS~ ~ finance ob~rg~ for ~h hillin! ~ycle, we m~laCy the average ~ly balance.on you!:~co .~t ?y a?.y. ~e rate. Th?~ily account ~ 0ha #Original Tertns'). If'your Original Terms provided for different Annual Percentage ~ to ba apph~d to dttterent components oxyour outstanding balance, ws will apply',he lowest such Annual P~n~tage Rate to your entire ou~tanding balance. We may acnq~t late or partial payrn~Is, or paymante ~ 'paid in full' or marked wi~h ether rasWictions, without losing our right to collect all amounts owing under this Agr~nrmn. Fees We will charge your Account a f~ for ~ach billing cycle with. i.'n which your Acfiount is del~qu .en.t (late c..ha~, e)..The, amount of the late charge will be as disclosed in your Original T~ms or the maximum late charge perrmtled by tho law o~your state ox ras~a,mco, wmancva, ts iowa'. We will charge your Account a f~ for each rammed payment che~.k (returned ch~ckfh~ge). Thl an?.uot of~..re~e.d .eh~ck charge will be as diaclas~d in your Original T~'ns, or the maximum r~xuned check charge l~--muRed by the law otyour slate oxres~aance, wmonever ~ iowa'. Account nlus interest and fees as disclosed herein, we may also charge you Ior atp/COlleCtion ~ we recur, mctuamg out not lmnv:u ~o. rraa:~mvs= ~ ~nd~-~c~rt cos~. Ifyonr Original. Terms proyid~i.fur ~n a ~wa~d.. ofaRomeys' fees and court costs, such provision as incorporated ha.em shall apply reciprocally to the grcvalling party m any lawsmt ansmg out of th/s Agreement. Non-Waiver of Certain Ri~tts. We may delay or waive enforcement of any prov/sion ofth/s Asr~emeot without lo~ing our right to enforce it or any otha' provision later. Apptlcablo Law; Severahmty; Aasl~nmeu~- No mat~er wbaro yoq live, ~s ~.. ament and.your A%oun. t.~ govem?.d by.f. ede~l., .law and 5y not be contradicted by evlda.ice of any alleged oral agreem~t. If any provtslon of this ,~ant is hold to oe mvaitn or unanlorceaole, you ann we win co that provision modified to conform to applicable law, and the rest of the p?visions in the Agre&nant will. still be,enforceable: We may tran~,,a' or assi._gn, o_u_r, i~aght to all or some of your payments. If stats law requiras that you receive not~ce of such an evant to protect the purcnasa, or assignee, we may g~ve Yon soca uuu~ by Fding a finandng statam~t with the state's S~rata~y of State. Credit Reporting. If you fail to fulfill tho terms ~fyour credit obfi. gation, a negative ~lit rq~ort retina, lng on yo~.r, cr~ ,',t t~·ord ~m~ay~.b~. s~.~fi~t2~to a credit ~purting agency. In order to dispute any Informatton we are t~x)rtmg about your Account, you must write to us at l/lc iOllOWmg auarcsa, rtr~ Corporation, P.O. Box 9104, Plea.~nton, California, 94566. YOUR BILLING RIGHTS - KEEP THIS NO~ICE FOR FUTURE USE This notice contalm important information about your rights and our ~spousibilities under the Fair Credit Billing Act. Notify Us in Case of Errora or Qurat/ona About Your Bill If you think your bill is wrung, or if you need more information about an entry on your bill write us, on a separat~ sheet, at the following addreas: Firat Select Corporation, P.O. Box 9104, Pleasanton, CA 94~66. Write to us as soon as pe~ible. We must hear from you no later than 50 days a~a' we sent you the first bill on which the error or problem appeared You can telephone us, but doing so will not preserve your rights. In your letter, give us tho following: · Your name and Account number. - · The dollar amount of the suspac~d a.r~. ·Describa tho crror and explain, if you can, why you believe them is an error. If you need more information, describe the item you am not sure about. Your Rights and Our Rexponaihilittea After We Receive Your Written Notice We must acknowledge your letter within 30 days, unlesa we have corrected the error by them Within 90 days, we must either correct the error or explain why we charge. We can apply any .u~. '..d. amount age .mat you~. credtt line. You do not have to pay any questaonea amount wnue we am mvasugaung, obligated t~ pay the parts oftha bdl that am not tn qu~twra If ws find that we made a miatake on your bill, you will not haw to pay any finance charge rdated to any questioned amount. If we did not make a mistake, you the amount you ow~ and the date that it ia due. If you fail to pay the amount, we think you owe, we may r~part you as u~ar~u=m. ,nov~,=,, _ '.7- -"=--k.,, do~ not =~ you and you w~to to ~ wit~ ~0 days telling us t~t you ~ll re~ to ~y, we mu~ tell anyone we.r~, n yon ~ L~t_~? qu~,~_yo..a~_o,.,~ And we must tell you tho name of anyone we re~orted you to. We must tell anyone we report you to that the matter nas vecn seth~ u~:~we~n us wt~n i~ ~,,~ · I~wo do not fo!l~o_~__~t~ roles? we ¢~nnot collect- thc first $$0 of !he quastjone? .am_~un_t ~an if Y°ur b!!l ~_v~as cerr_ .eot_ Special Rule for Credit Card Purchases the problem with the merchant, you may not ha.v? to pay. .the remaining amount, d~e on me .g,~or sa.vices, i ri.e?, are ::~ '~;~_'~'TL~'.'~_'~.'f_L~."_' ~-.'..~ have made the purchase in your homo stat~ or, if not w~thin your home state, w~thin 100 wales et your current maumg a..~, ana~m~,g.u,~,,aa..~ff · hm~tat:ons do not a I f · ther we or FLEET BANK own or operate the t, have been mor~ than $50. Thcs ' ' ' ppy' ' advertisement for tho prop~'y or s~n'vicas. SHERIFF'S RETURN - REGULAR CASE NO: 2002-00815 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS ADAMS GARY W KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ADAMS GARY W the DEFENDANT at 801 SANDBANK RD MT HOLLY SPRINGS, PA 17065-1108 , at 1945:00 HOURS, on the 20th day of February , 2002 LOT 10 by handing to JEREMY ADAMS, ADULT SON 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 Service Affidavit Surcharge 18 0O 4 83 00 10 00 00 32 83 Sworn and Subscribed to before me this /~ day of ~ 2l~ A.D. ! P~fothonot ary So Answers: R. Thomas Kline 02/21/2002 PARK LAW ASSOCIATES 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: 801 Si~%/DBA/qK RD MOUNT HOLLY SPRINGS, PA 17065-1108 4168100019600541 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS GARY W ADAMS Defendant NO.02-815 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 $5,729.17 $973.00 $226.03 ($0.00) ($0.00) TOTAL $6,928.20 PLUS ADDITIONAL COSTS I CERTIFY TF_AT 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~Rrocedure No. 237.1 is attached hereto and marked Exhibit "AJ~. VALERIE ~ESQUIRE Attorney for the Plaintiff AND NOW,~D_~(~ ~ 9~ , Judgment is entered in favor of th~lPlaintif~ 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 · 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: 801 SANDBANK RD MOUNT HOLLY SPRINGS, PA 17065-1108 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. VS GARY W ADAMS Plaintiff Defendant NO. 02-815 NOTICE OF PRAECI~E FOR ENTRY OF DEFAULT JUDGMENT TO: GARY W ADAMS 801 SANDBANK RD MO UNT HOLLY SPRINGS, PA 17065-1108 DATE OF NOTICE: 3/13/02 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE· UNLESS YOU ACT W1THIN 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 ASSOCIATES, P.C. CC: BY: VALERIE ROSENBLUTH PARK, ESQ. 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 1108 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 801 SANDBANK RD MOUNT HOLLY SPRINGS, PA 17065- CUMBERLAND COUNT:Y COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS GARY W ADAMS .Defendant NO. 02-815 VERIFICATION OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS : VA~LERIE 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 GARY W ADAMS, Defendant is over 21 years of age; that his/her place of residence/business is located at 801 SANDBANK RD MOUNT HOLLY SPRINGS, PA 17065-1108 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. EiO VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 1108 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 801 SANDBANK RD MOUNT HOLLY SPRINGS, PA 17065- CUMBERLAND COU~ FIRST SELECT, INC. Plaintiff VS GARY W ADAMS Defendant rY COURT OF COMMON PLEAS NO. 02-815 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: Ix] ] ] ] ] ] 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~IcES ACT, IT IS TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.