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HomeMy WebLinkAbout02-2589VALERIE ROSENBLUTH PARK, Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestow~, PA 18901 (215) 348-5200 -ATTORNEY FOR PLAINTIFF ESQUIRE CUMBEP. LAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC Plaintiff VS SHIRLEY M FOOR Defendant 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 orby 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. Court Administrator CUMBERLAND County Courthouse Cumberland Co. Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 999-9108, (717)249-3166 VALERIE ROSENBLUTH PARK, ESQUIP, E Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 -ATTORNEY FOR PLAINTIFF CUMBBPJ~%ND COD1T~Y COURT OF C0~MON pT.~ FIRST SELECT, INC 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 Plaintiff VS SHIRI.RY M FOOR 121 WALNUT BOTTOMRD SHIPPENSBURG PA 17257 Defendant CIVIL ACTION 1. The Plaintiff, FIRST SELECT, INC , is a Delaware Corporation organized and existing under the laws of the State of Delaware with an business address at 4460 ROSEWOOD DRIVE, PLEASANTON, CA 94588. Plaintiff solicits and maintains consumer credit accounts in Pennsylvania and is the owner of this account, which is the subject matter of this action. 2. The Defendant, SHIRLEY M FOOR has a mailing address at 121 WALNUT BOTTOM RD SHIPPENSBURG PA 17257. 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 owned by the Plaintiff bearing account number 4168100113666885. 4. The Defendant requested an account, account number 4168100113666885, which is owned by the Plaintiff, and an Account Agreement was sent to the Defendant. A copy of the Agreement is attached hereto as Exhibit WA" and made a part hereof. -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 $1,745.72 as of March 07, 2001, plus pre-judgment contractual interest at the rate of 18% 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 $296.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC , and against the Defendant in the amount of $1,745.72, plus pre-judgment interest at the contractual rate of 18% per annum from March 07, 2001until the date of the judgment herein, plus reasonable attorney's fees in the amount of $296.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT I- ALTERNATIVE 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 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 $1,745.72, plus pre-judgment interest at the contractual rate of 18% per annum from March 07, 2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $296.0Q,~ less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. ~-VALERIE ROSEAIBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUI~ THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VERIFICATION SUSAN COWHERD a Designated Agent of FIRST SELECT, action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the , declare that: I am INC., the Plaintiff in this 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 5040 JOHNSON DRIVE P.O. 80X 9104 PLEA.~ANTON, CA 94566 888-924-2000 EXHIBIT ACCOUNT AGREEMENT Your ASSOCIA'I'ES ~ccount h~.n ~ Waa~Fei~ m Fire $el~ C~ Your .~SOCIATES ~o~t ~ cl~ at ~e fi~ of this ~af~, ~d ~11 ~Y ~ ~ ~e ~i~ of~j~im ~1~. .- .......... ~z~. ~ ~oum ~ ~e~ ~ a joint ~un~ ~e ~n~ / ~nce ~ ~ 1~S ~ ~u bye a ~lm~ o~ding m 7mr ~k ~ge c~ ~ ~l~la~ ~ ~ll~: T°fi~fin~ca~bi]l~g~[e'~m~lT~av~p~lTb~~'a~ily~c~. ~v '~cr Non-W~ver 6fCe~ ~hu. We ~y ~Ay ~ wG~ e~t of~ pm~i~ offs ~ w~ut lm~8 mr ~ m'~ it ~ my o~ ~nt ~ ~v~ ~ ~1 law ~ ~a law of , . ,~.; ...... :~.~or~ ~ ~ of~ pa~ ffm law ~um ................. ,/.. ~/ ~-- ,o ~ m ~ ~ ~ ~ not m shoe ~ ~o~n ~ o~ a~. ~ n~ ~ ~t ~ ~t ~ur ~ Us ~ C~a of R~m or ~m A~at Yo~ ORDER FOR SERVICE TO: SI--IERI~ OFCUMBERLAND COUNTY _DATE:May 15, 2002 CASE #:2001-1901 FROM: Park Law Associates P.C. Attorney I.D. # 25 East State St~t Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAIN'i'I~I~' COMPLAINT ASSUMPSIT FIRST SELECT, INC V~. SI-I/RLEY M FOOR ADDRESS TO SERVE: 121 WALNUT BOTI'OM RD SHIPPENSBURG PA 17257 RETURN OF SERVICE TO: PARK LAW ASSOCIATES, P.C. P.O. BOX 1779 DOYLESTOWN, PA 18901 PLEASE DO NOT SERVE OUT OF COUNTY PLEASE A'i'i'EM~T SERVICE THREE TIMES D58 © 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 4168100113666885 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC Plaintiff VS SHIRLEY M FOOR Defendant NO. 02-2589 PRAECIPE FOR JUDG~NT 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 PAYMENTS $1,745.72 $296.00 $365.03 $.oo TOTAL $2,406.75 PLUS 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 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 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 favor of the Plaintiff and agains~he 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. ~ 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 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC Plaintiff VS SHIRLEY M FOOR Defendant NO. 02-2589 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: SHIRLEY M FOOR 121 WALNUT BOTTOMRD SHIPPENSBURG PA 17257 DATE OF NOTICE: 7/25/02 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. Lawyer Reference Service CUMBERLAND County Bar Association cumberland Co. Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 999-9108, (717)249-3166 PARK LA~ 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, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC Plaintiff VS SHIRLEY M FOOR Defendant NO. 02-2589 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 SHIRLEY M FOOR, Defendant is over 21 years of age; that his/her place of residence/business is located at 121 WALNUT BOTTOM RD, SHIPPENSBURG PA 17257 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. Val~2~Rosenbluth Park Attorney for Plaintiff El0 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFOP/4ATION OBTAINED WILL BE USED FOR THAT PURPOSE C~ VALERIE ROSENBLUT}{ PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTOR/qEY FOR pLAINTIFF FIRST SELECT, VS SHIRLEY M FOOR CUMBERLAND COUNTY COURT OF COMMON PLEAS INC Plaintiff Defendant NO. 02-2589 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 CONCEP-NING THIS NOTICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number:(215) 348-5200. PROTHONOTARY: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFOP. MATION OBTAINED WILL BE USED FOR THAT PURPOSE SHERIFF'S RETURN - REGULAR CASE NO: 2002-02589 P COMMONWEALTH OF PENNSYLV~/qIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS FOOR SHIRLEY M DOUGLAS DONSEN Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE FOOR SHIRLEY M Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the DEFENDANT , at 1410:00 HOURS, on the 3rd day of June at 121 WALNUT BOTTOM ROAD , 2002 SHIPPENSBURG, PA 17257 SHIRLEY M FOOR by handing to 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 18.00 Service 14.49 Affidavit .00 Surcharge 10.00 .00 42.49 Sworn and Subscribed to before me this /~ ~ day of ~ ~ A.D. ~rothonotary ~ So Answers: R. Thomas Kline 06/04/2002 PARK LAW ASSOC. By: Deputy Sheriff