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HomeMy WebLinkAbout02-4061VALERIE 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 FIRST SELECT, VS GREG CAMPBELL CUMBERLAND COUNTY COURT OF COMMON PLEAS INC Plaintiff 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 or byan 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, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORiqEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC PLEASANTON, CA 94588 Plaintiff VS GREG CAMPBELL 609 ERFORD ROAD CAMP HILL PA 17011-1123 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 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, GREG CAMPBELL has a mailing address at 609 ERFORD ROAD CAMP HILL PA 17011-1123. 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 4168100004809255. 4. The Defendant requested an account, account number 4168100004809255, 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 UA" 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 $10,681.18 as of July 16, 2002, plus pre-judgment contractual interest at the rate of 19.8% 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 $1,815.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC and against the Defendant in the amount of $10,681.18, plus pre-judgment interest at the contractual rate of 19.8% per annum from July 16, 2002until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,815.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. ALT~.P~NATIVE COUNT I- QUAI~TU~ MERUIT In the event it is determined that no oral or written agreement existed in fact or law between Plaintiff and Defendant as alleged in Count I, the Plaintiff alleges as follows: 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 $10,681.18, plus pre-judgment interest at the contractual rate of 19.8% per annum from July 16, 2002 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,815.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED TMAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFOPJ~ATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~ER~FICATION Designated Agent of FIP. ST SELECT, INC the Plaintiff in this action, a~d 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 know!edqe, except as to those ma~ters stated on information ~d 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 t~at the foregoing are true correct. Executed Cou-ncy, in the State of Designated Agent 5040 .JOHNSON DRIVE P.O. BOX 9104 pLEASANTON, CA 94566 F1RST SELECT (2 0 R P 0 R A T I 0 N ACCOUNT AGREEMENT EXHIBIT SHERIFF'S RETURN - CASE NO: 2002-04061 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS CAMPBELL GREG REGULAR HAROLD WEARY Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CAMPBELL GREGthe DEFENDANT , at 1510:00 HOURS, at 609 B ERFORD ROAD CAMP HILL, PA 17011 on the 3rd day of September, 2002 by handing to GREG CAMPBELL 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 10.35 Affidavit .00 Surcharge 10.00 .00 38,35 Sworn and Subscribed to before me this /3~ day of ~-~ ~ ~ A.D. ' d2 Prothonotary ' ' ' So Answers: R. Thomas Kline 09/04/2002 PARK LAW ASSOCIATES By: Deputy Sheriff f 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 4168100004809255 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC Plaintiff VS GREG CAMPBELL Defendant NO. 02-4061-CIVIL PRAECIPE 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 PAYMENTS $10,681.18 $1,815.00 $417.01 $.00 TOTAL $12,913.19 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 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 R ~ RO~NBLUTH PARK, ESQUIRE Attorney for the Plaintiff AND NOW, ~C~ /~ , ~<~ j , Judgment is entered in favor of the Plaintiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. PROTHO~OTkRY 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, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street ~oylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC Plaintiff VS GREG CAMPBELL Defendant TO: GREG CAMPBELL 609 ERFORD ROAD NO. 02-4061-CIVIL NOTICE O~ PRAECIPE FOR ENTRY OF ~EFAULT JUD6~4ENT CAMP HILL PA 17011-1123 DATE OF NOTICE: 9/24/02 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 LAW ASSOCIATES ESQ. 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 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ESQUIRE FIRST SELECT, VS CU~BERLA/~-D COUNTY COURT OF COMbION PLEAS INC Plaintiff GREG CAMPBELL Defendant NO. 02-4061-CIVIL VERIFICATION OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLV~2qIA: 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 GREG CAMPBELL, Defendant is over 21 years of age; that his/her place of residence/business is located at 609 ERFORD RO~.D, CAMP HILL PA 17011-1123 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 LA~ BY: Valerie Rosenbluth Park Attorney for Plaintiff El0 VALERIE ROSENBLUTH PARK, Attorney I.D. #72094 PA~RK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ESQUIRE FIRST SELECT, VS GREG CAMPBELL CUMBERLAND COD-NTY COURT OF COMMON PLEAS INC Plaintiff Defendant NO. 02-4061-CIVIL 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.