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HomeMy WebLinkAbout02-0939VALERIE 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 Corporation Plaintiff VS. SAMUEL E. MANLEY Defendant NOTICE NO. O3 -- 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 A~ATTE~PT TO COLLECT A DEBT. ~ IN-FORI~ATION OBTAIN-ED 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#: 4168100001955721 CUMBERLAND COUNTY COURT OF COMMON PLEAS First Select Corporation 4460 ROSEWOOD DRIVE PLEASAiN-TON, CA 94588 PLAINTIFF VS SAMUEL E. MANLEY 222 CREEK ROAD NEWVILLE, PA 17241 DEFENDANT NO. ~ - CIVIL ACTION 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 Defendant, SAMUEL E. MANLEY , is an individual who resides at 222 CREEK ROAD NEWVILLE, PA 17241, 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 4168100001955721. 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 $5,656.73 as of 05/19/1999, plus pre-judgment contractual interest at the rate of 5.00% 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 $961.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $5,656.73, plus pre-judgment interest at the contractual rate of 5.00% per annum from 05/19/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $961.00, 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 $5,656.73, plus pre-judgment interest at the contractual rate of 5.00% per annum from 05/19/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $961.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. 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, ~USAN 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 County~ in the State of Kentucky. Date Designated Agent .FIRST SELECT C 0 R p 0 R A T'ii O'N ACCOUNT AGREEMENT Your FLEET B~u'~/K account has been transferred to First Select Corporation. Your FLEET B.~K a~ount w~ c[~ at the time of~is t~f~, ~d will therelbre continue to ~ cl~ ~ At--at A~t contai~ the tam that gov~ your Fi~t ~¢l~t account (~e "Account"). ~ this .~e~t,'"you" and "your" mean ~ch ~ who is liable for ~y~t ~ ~e AccounL "W~." %ur.' "ou~." and "~" mean Fi~t S~I~ C~ion or i~ ~i~. ~ your Account h~ ~ t~f~ to ~ you ~ now obligat~ to ~pay the A=count to ~s i~e~ of FLEET B~N~ lf~e .Account wm o~n~ ~ a joint accounL wc may a~ on ~e inst~cti~ of any joint accoun~ol~r. Paymen~ / ~ance Chnrg~ ,~ long m you have · balance ou~ding on your AccounL ti~e c~rg~ ~e ca[culat~ m Ibllo~s: To fi~m ~e tin,ce ch~g~ for each billing ~cle. we multiply t~ av~age ~ily bala~e on your ~count by a ~ily ~ri~ic ~e. ~e ~ily pe~ic ra~ w~ apply is yo~ .~count's ~1 P~m~ Rate divi~ by 365. ~m ~1 Percentage Rate ~11 ~ calculaed m ~l~d in y~r m~t r~t FLEET B.%NK ~a~nt te~ (the "~ginal T~). lfyout ~ginal T~ p~vi&d for diffe~t A~I P~ge Rat~ ~ ~ appli~ to ~iff~ aompon~L~ of your ~ding bal~ce, we ~ll a~ly ~e 1o~ such .~1 P~ge Rate to your ~tire ou~mding bal~ce.. We t~y a~t late or p~ial pa~, or pa~u maced "paid in ~tl~ or m~ked wi~ other m~cfi~, wi~out I~g ~r d~t to ~ll~ ail ~oun~ owing ~d~ ~i$ A~ment. Fe~. We will c~ your Account a f~ f~ e~h billing ~cle wi~in which your Account is defi~u~t (late c~ge), ~e ~ount of~e l~e char~ will ~ ~ dLncl~ in your ~g~l Ta~ or ~e ~mum l~e ch~ge ~iR~ by ~e law of your ~e ofr~i~e, whichev~ is low~. We will c~ge your Account a f~ for e~h m~ pa~ent c~k (retum~ check, charge). ~e ~ount of~e mum~ ah<k ~ber~ will ~ ~ di~lo~ in your Odginal Te~, ~ ~e ~ximum r~m~ check c~ge ~iR~ by ~e law of your ~te of~i~nce, whichev~ ~ Iow~, To ~e e~t pro~ in y~r ~ginal T~ ~d to ~e e~t ~iRed by applicable law, in a~ifi~ to y~r obligati~ to ~y ~e ou~dMg b~ance on your AccounL plus inter~t ~d f~s ~ di~l~ h~e~ we may al~ eh~ you for ~y roll.ion c~u we incur, including ~ut not limited to. re~nable a~omeys' f~ ~d c~R ~ ffyour ~1T~ ~o~d~ f~ ~ swam of aRo~' fe~ ~d cou~ ~, such pro,sion ~ m~t~ ~ ~ll ~ply ~ip~ally to the prevailing p~ M any lawsuit arising out of~is ~e~enL Non-W~er of Ce~ ~h~ We ~y ~[ay or waive ~o~t of ~y p~ion of ~is .~t ~thout I~ing our fi~t to ~o~e it or ~y o~ provision later. Applicable Law; Seve~b~ty; A~i~menL No roarer where you live. ~ ~ent ~d your A~ount ~e gov~m~ by fe~l law ~d by ~e law of~e a~te d~i~d ~ the applicable law in your Ofigi~l T~. ffyour ~1 t~ did not con.in ~ a~h~ble law p~si~ ~ th~ A~eement and your Aceoum are governed by fe~l law ~d ~e taw of your ~ of r~i~e. ~is A~ent is a f~l e~r~ion of~e a~e~t ~tw~ you and ~ ~d may not ~ contradicted by evi~nce of ~y alleged o~1 a~m~L If ~y p~vision offs ~t is held to ~ invalid or un~o<eable, yoo ~d we will co~ider d~ p~vision m~ified to eo~o~ to appli~ble law, and ~e mt of~e ~ov~iom M ~e A~ent will ~ill ~ ~eable. We ~y tr~f~ or ~i~ our to MI or some of your pa~ents, If stYe law ~qulm ~t you ~eive notice of such an evmt to protect ~e pu~ or ~i~ee, we may give you such notic~ by filing a llnan<ing s~t~t wi~ the ~ate's S~re~ of State. Credit Repo~g. ICyou ~ail to ~11 ~e t~ of your ~dit obligatio~ a negative credit re~ ~fle~ing on your ~di[ ~ord may be submiRed to a ~edit r~ing agency. In order to dilute ~y i~otmation we ~ re~ing a~ut your AccounL you m~t ~ to ~ ~ the fol.o~ng ~: F~t Select Co~tion, P.O. Box 9104, Ple~nto~ Cal~ 94366. YOUR BILLING RIGHTS - ~EP THIS NOTICE FOR ~'TU~ USE ~is ~tice contains impotent i~o~ation a~ut your fi~ ~d our ~ibili~ under ~e Fair Credit Billing ACL Notit~ Us M C~e of Erro~ or Qu~flom About Your B~ If y~ th~ your bill is ~n~ or ffyou na~ more i~o~on a~ut an ~ on.?ur bill, ~te ~, on a s~a~te sh~L ~ ~¢ ~ollowing ~: Fi~t Sel<t , Co~tio~ P,O. ~x 9 [ 04, Pl~t~ CA ~4366, Write to us ~ ~n ~ ~Wle. We m~ he~ from you no lat~ ~n 60 da~ ~ wa ~t you ~e fi~t bdl on which the e~or or prob{~ ap~ You ~ tel~hone ~ but doing so ~ll not ptes~e your n~B. In your leRcr, We ~ ~e following: · Your n~e ~d A~eou~ number. · The doll~ ~ount of~e ~cted e~r. · ~cfi~ ~e ~or and e~lai~ if you c~ why you ~lieve ~ is an e~or. If you need more i~o~ation, ~ ~e i~m you ~e not sure about. Your ~gh~ ~d Our R~po~ib~fiea A~er We Receive Your WHRen Notice We must ac~owl~ge your leRer witMn 30 ~, unl~ we ~ve ~ed the ~r by then. Wi~M 90 ~, we m~t ~i~r coffect ~e em~ or e~lain why we ~tieve ~e bill w~ coffe~ ~er we c~eive your IcRc, we ~not t~ to collar or ~ you ~ delinquent ~ to any a~ount yo~ qu~on,, i~tuding finance chugs. We can apply ~y unpaid amount agai~ your ~it line. You do not have to pay any qu~ioned amount whde we ~e mv~t~g~mg but you ~ obligated to pay ~e para of the bill ~at ~ not in qu~ion. ffwe fred ~at we made a mi~ake on your bill, you will not have to pay ~y tin.ce ch~ge relat~ to ~y qu~tionad ~nL ffw¢ did no~ make a mistake, you may have to pay ~m~ee charge. ~d you will have to m~e up the mi~ pa~en~ on the qu~tioned amount. In either e~e, we will se~ you a s~t~ent of the amount you owe and ~e date that it ~ ~e. ffyou fail to pay ~e ~ount we ~ink you owe. we may re~ you ~ ~linquem However, ~out a~lanation ~ea not ~tis~ you ~d you write to us wi~M 10 days telling ~ that you still rede to pay. we t~ust t~ll ~yu ~e w~ report you to that yotl question your bill. ~d we mu~ tell you the name of ~yone we r~o~ed you to. We mast tell anyone we ~po~ you to that ~e matter h~ ~n ~ulcd betwe~ us wh~ it fi~lly If we do not follow the~ ~l~, we c~ot collect the f~t S50 of the questioned amount even if your bill w~ coffecL SpeciM Rule tbr Credit Card Purch~ea Ify~ have a problem with the qua ty ofgo~ ~d s~'ices that you ~urch~ed with your FLEET B.~NK ~it c~d amd you have ~ed in g~ fai~ to the problem with ~ merchant, you may not have to pay the remainin~ amoum dt:~ on the go~ or semites. ~ere ate t~vo limitations to this right: (a) you must have ~e the purch~e in your home state or, if not within your home state, within 100 mil~ ofy~r cu~t ~iling ad~; md (b) fi1¢ pur~h~ pdce must have ~en more ~an $50, Thee llmitatio~ do not apply if either ~¢ or FLEET B~NK ox~n or operate the merchant, o~' if we or FLEET BAN K maded you th~ ~v~is~em tbr the ~pc~y or se~'ic~. Z590 SHERIFF'S RETURN - REGULAR CASE NO: 2002-00939 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS MANLEY SAMUEL E 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 MANLEY SAMUEL E the DEFENDANT , at 2025:00 HOURS, on the 5th day of March at 222 CREEK ROAD NEWVILL~, PA 17241 by handing to ERICA ROTHROCK, GIRLFRIEND a true and attested copy of COMPLAINT & NOTICE , 2002 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this /5 ~ day of ~ ~o~- A.D. Prothonotary So Answers: R. Thomas Kline o3/o6/2oo2 PARK LAW ASSOC. 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: 222 CREEK ROAD NEWVILLE, PA 17241 4168100001955721 CUMBE~T,~ND COUNTY COURT OF COMMON PLEAS First Select Corporation Plaintiff VS SAMUEL E. MANLEY Defendant NO.02-939 PRAECIF~ 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 $5,656.73 ATTORNEY FEES $961.00 PLUS ACCRUED INTEREST $823.71 LESS PRINCIPAL PAID ($0.00) LESS OTHER PAYMENTS ($0.00) TOTAL $7,441.44 PLUS ADDITIONAL~OSTS 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 ROS~LUTH~K, ESQUIRE Attorney for the Plaintiff AND NOW, ~a.,.\ ~' , ~, Judgment is entered in favor of the' ~lai~tiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED TRAT 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 AT'I'ORNEY 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: 222 CREEK ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY COURT OF COMMON PLEAS First Select Corporation Plaintiff VS SAMUEL E. MANLEY Defendant NO. 02-939 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: SAMUEL E. MANLEY 222 CREEK ROAD NEWVILLE, PA 17241 DATE OF NOTICE: 3/26/02 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, 4~ FLOOR CARLISLE, PA 17013 (717) 240-6200 PARK LAW ASSOCIATES, P.C. 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 DOYLESTOWlg, 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: 222 CREEK ROAD NEWVILLE, PA 17241 CUMBERLAND COUNTY COURT OF COMMON PLEAS First Select Corporation Plaintiff VS SAMUEL E. MANLEY Defendant. NO. 02-939 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 SAMUEL E. MANLEY, Defendant is over 21 years of age; that his/her place of residence/business is located at 222 CREEK ROAD NEWVILLE, Pa 17241 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 ASSOCI~S, P.C. Valer~e' Ros e~ul~Park Attorney for Plaintiff El0 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: 222 CREEK ROAD NEWVILLE, PA 17241 CUMBERLAND COU~ First Select Corporation Plaintiff VS SAMUEL E. MANLEY Defendant TY COURT OF COMMON PLEAS NO. 02-939 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. P HONO.T~Y.~'~y~,~,_~ PURSUANT TO THE FAIR DEBT COLLECTION ~TICES 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.