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HomeMy WebLinkAbout01-3533 VALERIE 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. DELIA M UNDERWOOD Defendant NO. Of - ..3QJ Ciu~C/~ NOTICE: 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. 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#:4168100113503450 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS DELIA M UNDERWOOD 370 MAPLE LN CARLISLE, PA 17013-7830 DEFENDANT NO. 01-- 35~ 33 CIVIL ACTION /2 ',,, ~ .-- I~ 1. The Plaintiff, First Select, lIne. 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, DELIA M UNDERWOOD, is an individual who resides at 370 MAPLE LN CARLISLE, PA 17013-7830, . 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 4168100113503450. 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 $8,739.54 as of 02/01/2001, 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 $1,486.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $8,739.54, plus pre-judgment interest at the contractual rate of 18.00% per annum from 02/01/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,486.00, 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 $8,739.54, plus pre-judgment interest at the contractual rate of 18.00% per annum from 02/01/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,486.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALERI 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. ORDER FOR SERVICE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. " I, VERIFICATION ~JJON\C,A y,~\f,\..n<n\fI1~I.(1 , 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. ~/ 99/ Or Date Fl~ST SELECT EXHIBIT ACCOUNT AGREEMENT A Your DISCOVER account has been transferred to First Select Corporation. Your DISCOVER account was closed at the time of this transfer, and will therefore continue to be closed. This Account Agreement contains the terms that govern your First Select account (the "Account"). In this Agreement, "you" and "your" mean each person who is liable for payment on the Account. "We," "our," "ours," and "us" mean First Select Corporation or its assignees. Because your Account has been transferred to us, you are now obligated to repay the Account to us instead of DISCOVER. If the Account was opened as a joint account, we may act on the instructions of any joint accountholder.. . Payments I Finance Charges. As long as you have a balance outstanding on your Account, finance charges are calculated as follows: To figure the finance charges for each billing cycle, we multiply the average daily balance on your Account by a daily periodic rate. The daily periodic rate we apply is your Account's Annual Percentage Rate divided by 365. The Annual Percentage Rate will be calculated as disclosed in your most recent DISCOVER account terms (the "Original Tenns"). If your Original Terms provided for different Annual Percentage Rates to be applied to different components of your outstanding balance, we will apply the lowest such Annual Percentage Rate to your entire outstanding balance. We may accept late or partial payments, or payments marked "paid in full" or marked with other restrictions, without losing our right to collect all amounts owing under this Agreement. You may ask First Select Corporation to pay this account by debiting your checking or savings account. First Select Corporation will first verifY your identity and eligibility for this service. You may revoke your authorization by writing to First Select Corporation Customer Service. Fees. We will charge your Account a fee for each billing cycle within which your Account is delinquent (late charge). The amount of the late charge will be as disclosed in your Original T enns or the maximum late charge permitted by the law of your state of residence, whichever is lower. We will charge your Account a fee for each returned payment check (returned check charge). The amount ofthe returned check charge will be as disclosed in your Original Tenns, or the maximum returned check charge permitted by the law of your state of residence, whichever is lower. To the extent provided in your Original Terms, and to the extent permitted by applicable law, in addition to your obligation to pay the outstanding balance on your Account, plus interest and fees as disclosed herein, we may also charge you for any collection costs we incur, including but not limited to reasonable attorneys' fees and court costs. If your Original Tenns provided for an award of attorneys' fees and court costs, such provision as incorporated herein shall apply reciprocally to the prevailing party in any lawsuit arising out of this Agreement. Non-Waiver ofCel'tain Rights. We may delay or waive enforcement of any provision ofthis Agreement without losing our right to enforce it or any other provision later. Applicable Law; Severability; Assignment. No matter where you live, this Agreement and your Account are govemed by federal law and by the law ofthe state designated as the applicable law in your Original Terms. If your Original tenns did not contain an applicable law provision, then this Agreement and your Account are governed by federal law and the law of your state of residence. This Agreement is a final expression of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement. If any provision of this Agreement is held to be invalid or unenforceable, you and we will consider that provision modified to conform to applicable law, and the rest ofthe provisions in the Agreement will still be enforceable. We may transfer or assign our right to all or some of your payments. Ifstate law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a financing statement with the state's Secretary of State. Credit Reporting; Personal Infonnation. If you fail to fulfill the tenns of your credit obligation, a negative credit report reflecting on your credit record may be submitted to a credit reporting agency. In order to dispute any information we are reporting about your Account, you must write to us at the following address: First Select Corporation, P.O. Box 9104, Pleasanton, California, 94566. We may shure ;nfurmat;on ,.,;th OUT afflliates ;nclllding, ,.,;thoJlt lim;tat;un, Prov;dian Nat;onal Bank an Ii Pruv;dian Bank. HUl'feva. YOII may ,.".;te to liS at any time ;nstnlct;ng liS not to shure credit ;nfurmat;on ,.,;th OUT afflliates. YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill If you think your bill is wrong, or if you need more information about an entry on your bill, write us, on a separate sheet, at the following address: First Select Corporation, P.O. Box 9104, Pleasanton, CA 94566. Write to us as soon as possible. We must hear from you no later than 60 days after 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 the following: . Your name and Account number. . The dollar amount of the suspected error. . Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have con'ected the error by then. Within 90 days, we must either correct the error or ex-plain why we believe the bill was correct. After we receive your letter, we cannot try to collect or report you as delinquent as to any amount you question, including finance charges. We can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of the bill that are not in question. Ifwe find that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount. Ifwe did not make a mistake, you may have to pay finance charges, and you will have to make up the missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount we think you owe, we may report you as delinquent. However, if our explanation does not satisfY you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you question your bill. And we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. Ifwe do not follow these rules, we cannot collect the first $50 of the questioned amount even if your bill was correct. Special Rule for Credit Card Purchases If you have a problem with the quality of goods and services that you purchased with your DISCOVER credit card and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. There are two limitations to this right: (a) you must have made the purchase in your home state or, ifnot within your home state, within 100 miles of your current mailing address; and (b) the purchase price must have been more than $50. These limitations do not apply if either we or DISCOVER ov.n or operate the merchant, or if we or DISCOVER mailed you the advertiscment for the property or services. fS005 - () 11 ~~ ~ - i' CY ~ 0' ~ -~ ~ 0~ ~&~ , 10 U F~ ~ ~ ... c, n 0 c 0 :r~ ; ~ -n --~, '-- m~ G.,. ~- 4fT' ~::= ! ~~' ~.- ., _/ _~_~" --.l r"~ ,c, < '-c'; _~. J:; C-" .....,': ~ . _...~.. ~~i ~) z =<: ~ i-, ~.- ,. "-' (JIll u~ ;;> ....J -< SHERIFF'S RETURN - REGULAR CASE NO: 2001-03533 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS UNDERWOOD DELIA M DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon UNDERWOOD DELIA M the DEFENDANT , at 1915:00 HOURS, on the 5th day of July , 2001 at 370 MAPLE LANE CARLISLE, PA 17013 by handing to DELIA UNDERWOOD a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 4.55 .00 10.00 .00 32.55 .~~~ R. Thomas Kline 07/09/2001 PARK LAW ASSOCIATES Sworn and Subscribed to before By: /'it~-'A~ @~ ~AAr Dep. Sheriff me this /9 ~ day of ,/ . ~--1.\ ~ I _ A.D. lj:6th~O':a~~ ~ VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA FIRST SELECT, INC. Plaintiff VS. DELIA M UNDERWOOD Defendant NO. 01-3533 SUGGESTION 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, PARK LAW ASSOCIATES, P.C. - BY: VAL IE ROSENBLUTH PARK, ESQ. C> - u. >- ~ "-J vJ -t;- \S" ~ '> VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street DoylestoWTI, PA 18901 (215 348-5200) ATTORNEY FOR PLAINTIFF CUMBERLAND COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS. DELIA M UNDERWOOD Defendant NO. 01-3533 PRAECIPE TO WITHDRAW WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly Withdraw the above captioned matter without prejudice upon payment of your costs. PARK LAW ASSOCIATES P.C. BY'~ VALERIE ROSENBLUTH PARK, ESQ. ~ cJ o 0 ~; -,j I 9d ~~; f'_ r CO' N v."l ," .') r.~ "', '_,J ():) ;-::: .-y' w 00 ~ "5 " GATES & ASSOCIATES, P.C., A Pennsylvania Corporation Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 01-3647 CIVIL TERM WGM TRANSPORTATION, INC., A Pennsylvania Corporation Defendants JURY TRIAL DEMANDED PLAINTIFF'S REPLY TO NEW MATTER AND NOW comes the Plaintiff, Gates & Associates, P.C., and hereby sets for the following Reply to Defendant's New Matter: 21. Denied. The true and correct amount of hours for work performed and billed by Plaintiff is set forth in the itemized statements attached to the Complaint as "Exhibit B." 22. The averment set forth in Paragraph 22 of Defendant's New Matter is a conclusion of law to which no responsive pleading is required. WHEREFORE, Plaintiff respectfully requests this Honorable Court to find in favor of Plaintiff, and demands judgment in the amount of Three Thousand Thirty-two and 40/100 ($3,032.40) Dollars, together with interest and all the fees and costs of this action. GATES & ASSOCIATES, P.C. I ~/~-~4 BY: CORY , Esquire Supreme Court I.D. #85734 1013 Mumma Road Lemoyne, PA 17043 (717) 731-9600 DATED: ~,.I ~I ,2001 V E R I F I CAT ION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. ~ 4904 relating to unsworn falsification to authorities. B . ASSOCIATES, P.C. Dated: ~J:-I ,2001 CERTIFICATE OF SERVICE I, Cory J. Snook, Esquire, of the law firm of Gates & Associates, P.C., hereby certify that I served a true and correct copy of the foregoing Reply to New Matter by First Class United States mail, addressed to the following counsel for Defendant: Christie E. Bower, Esquire Jay Park Plaza P.O. Box 12 Marshalls Creek, PA 18335 GATES & ASSOCIATES, P.C. BY: CORY J Supreme Court I.D. 1013 Mumma Road Lemoyne, PA 17043 (717) 731-9600 DATED: 4pt's-1 d/ ,2001 C:> 0 c -..J-"" :)::,. ') c::: '. , "-1 W { --. .. - . -j ..r::. ~ ~. .'::' en ~ $ .