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HomeMy WebLinkAbout00-06032 ~ '_'o"~_ "0' _ ~., ~ <,' ,~' .. .. 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST SELECT INCORPORATED Plaintiff VS. ERIC J RADNOVICH Defendant NO. CO - "CJ~ CUL(~ 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 obj ections 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#:4l68l00008800409 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS ERIC J RADNOVICH 1746 PEYTON RANDOLPH CT NEW CUMBERLAND, PA 17070-2226 DEFENDANT NO. ~- (,03.2 CwJ ,~ 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, ERIC J RADNOVICH, is an individual who resides at 1746 PEYTON RANDOLPH CT, NEW CUMBERLAND, PA 17070-2226. 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 4168100008800409. , ~, ;c_ ~ . ~," .,-,_;.-~ - '),;: ~~"'_, ~:J(-,,-,;.;:,",,__-..u:', ~ _" 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 $2,862.47 as of 07/06/2000, plus pre-judgment contractual interest at the rate of 24.00% 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 $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 $2,862.47, plus pre-judgment interest at the contractual rate of 24.00% per annum from 07/06/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $486.00, 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 $2,862.47, plus pre-judgment interest at the contractual rate of 24.00% per annum from 07/06/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $486.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VA IE ROSENBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. .-'ri -~---" ~'-'-' . , ';;,~-.-- >~_..-..' . . I, VERIFICATION HEATHER KOOREMAN , declare that as of July 5, 2000: I am a designated agent of FIRST SELECT INCORPORATED, the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, California. Designated Agent " " ";,- ~ M, FJ~ST SELECT _n__._ U EXHIBIT ACCOUNT AGREEMENT ~, '-/1 '~"-""-_..-." '{our CHASE ;t.~l:ounl has b~en transferred to Fim 5.::I<:ct CorpoT:J.tion. Your CH.-\SE account was closed at th~ lime oflhis transf~r. and willlherefore continue to be closed.. ~IS Al.:co'unl' Agreement conmins the terms that ,govern your First Select account (the" .-\ccount"). In this Agreement "you." !lOd "your" mean ~tl.ch person who lS liable for payment on the Account. "We." "our," "ours." and "us" mean First Select Corporation or its olSSigne=s. Because your Account has been ~O$fer:ed to ~, y~u.are nowoiJligated to repay the Account to us instead afCRASE. If the Al.;:count was opened;]S ajoint account, we may a~t on the mstructlOns 01 ~ JOint accountholder. Payments I Fmance Charges. r\s long ns you have a balance outstanding On your Account. finance charges are cakulated as follows: To fi~re the fmance ~harges for each billing cycl~, ,!,e multiply the average daily balance on yo~r Account by a. daily: periodi~ rate. The daily periodic rate we apply IS your ActOunlS AnnwJ,Percen1age Rate qivlded by 36.). The Annual Percentage Rate wllJ be calculated as dlsdostd In VQur most recent CHASE account terms (the "Original Terms"). If your Original Terms provided for different .~uaI Percer1t:l.ge Rat~ to be applied to different components of vour outStanding balance, we will apply the lowest such .4nnu:l.l Percentage Rate to your entire outstanding balance. . We may, accept late or partial payments,. or paymenTS marked "paid in full" C)r marked with other restrictions, without losing our right to collect all amOunts owing under this AgreemenL Fees. We will chilI'ge your Account a. fee for each billing cyc[~ within which vour Account is delinquent (late charge). The arnountofthe late char2ewill be as disclosed in your Original Terms or the ma:rimum late charge permitted by th~ law of your state of residence, whichever is lower. :2 We will.charge your Account a fee for -each retUrned payment check (reOJ.med check charge). The amount of the returned check charge will be as disclosed in your anginal Tenns, or the ma;cimum ren:rned check charge penniaed by !be law of your stale of residence, whichever is lower. To the extent ~rovided in your Original Terms. and to the extent permi~d by applicable law, in addition to your obligation to pay the outstanding balance on your A.ccount, plus lllterest and fee$ as disclosed herein, we may also charge you for any collection cOsts we incur, including aut not limifed to rea.wnable attorneys' fees and court cC)Sts. If your Original Terms provided for an award of attorneys' fees and court Costs; such provision as incorporat.e:d herein shall apply reciprocally to the prevailing party in any lawsuit arising out of this Agreement. Non~ ~ai:ver or Certain Rights.. We may delay or waive enforcement of any provision of this Agreement without losing our rightJo enforce it or any other proVISion later. . AppliobJe La~ Severability; Assignment. No matter where you live. this Agreement and your A,ccount are governed by federa1law and by the law of the state . _. designated as,~ app~ii;n9Ie law in your Original Te;ms.. r:y'o~r Qriginal terms did not contain an applicable la.w pro\-ision, then lhis Agreement and your -, - -,,' .l.\6cbtIrl'(:ali!'g'~.erne'ii%y~felieral"i~md''the':~'ii'0;f'yo~E'~'IJf:~~nc.e:.}lris..~"\::et:p.ml:::j~~.ijn~;t~X.iR~~~t~,t~u~ent,~~.y.o~,M-g..,.~.!!!1-d_mav _.:.. _,'~." .not be ~on:tradicted by ;~Y:'(ience of any aUeg~d oral a~enL If any pi'tmstori ofthtS Agreetn~tfdleld to hihnvalia or-un~eai5ft;"YoltFutd:,~'W:it1..cotlsidet.-?":: ,<,. that provision modified ~ conform to applicable l\l.-w. and the rest of the' provi~ions in the- Agreement will still-be ?nforceable. We..may.trl1nsfer: ~ assi~.our rigl1t,__ to all or some of your payments. If state law requirE;S mat you receive-notice_of su~h an event to protect the purchaser or assignee. we may give you suCh: notice -- by filing, 11 f~cing statement with the state's SecretarY ofSt.a.Ie. . , . .. - -~ - - . - . - .:. .. . .Credi~ RePOr1'iI1g. -Uyou fail to _tb~n the',~rms,.Qfy~ur.:~dit obl~g:ui~t; ~ neg~.iy~ c:r~dit report reflem.g on your credit re::ord may be submitted tO'a credit -: -. reportmg agency. In C)rder to dispute any irifOrniagon we are reporlmg .aoout your Account, YOll.m.ust'wnte- to'us _at-the follOWing _address: FU'St.Sti::~L. __ Corporation, P.O. Box 9104, Pleasanton, California.. 94566. YOUR BILLING RIGHTS. KEEP THIS NOTICE FOR FUTURE USE This-notice contains important information about your rights and our ~nsibilities under the Fair Credit BiUing Act. Noti1Y Us in Case of Errors .or Questions About Y OUT BID If you think your bill is wrong. or uyou need more information about an entry on your bill. write us. on a separate sheet, at the following~: First Select Corporation, P.O. Box 9104, Pleasanton, CA 94566. Write to us as soon as possible. We must hear from you no laIerthan60 days after we sent you the fl!St bill on which the error or problem appeared. You can telephone us. hut doing so will not preserve yo_ur. rights. In your letter, give us the following: . Your name and .4.ccount number. . The dollar amount of the suspected error. . Descri~ the mar and explain, if you can, why you believe there is an error. Urou need more information, describe !b~ ilem you are nor sure about. Your Rights .tI.nd Our ResponsibilitiC3 Afte~ \Ve Receive Your Written :-iotice We must acknowledge your letter within 30 days. unless we have corr~ted the error by then. Wi~ 90 days, we must either CCllTect th~ err~r or e::p1ain why we believe the bill was correct. After we receive vour tener. we cannot try to collect or report you as delInquent as to any amount you question. mcJudmg fmance charges. We can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are invem.ig'O.ting, but you are: still obligated to pay the parts of the bill that are not in question. Ifwe fmd that we q1a.de a mistake on your bill, you will not have to p~y any fmance charge relate~ to any questioned ,amount. lfwe ~id not make a mistake. you 11lar-'-!iiotve.-to-pay finance..charges, ~rl-y..,u win nave.: t.Q O1,*~-.uP the_ ~~"l?a.ymel!ts on tb~ '1~~~ed .:unouet , In elther,cze, we Will s.:nd ~ou 11 statemen~ of the amount you owe and th~ date that it is due. If you fail to pay the amount we think you owe, We may re:port you- as -d,:!ulquenL However, If.Q~r,,e'''Pl~on does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we mus.t tell anyone we re:pon. you to that you quesuon y~ur~ bIll. . An.d we: must tell vou the name of anyone we re:ported. you to. W ~ must tell anyona we rC?ort you to that the matter has been sewed bet\veen us whi:n It tmally 15. If we dQ not follo~ these rules, we cannot col1ect the first S50 _of the qUffiioned amount even if your bill was COrTet.'t. Special Rule Cor Credit Card Purchases lfyou have a problem with the quality of goods and servi.c~ tha~ you purchased with your CHASE c:edit card and you h~v~ ui~d in goo~ f~ith to correct the problem with the merchant., you mOlY not have to pay the remainmg :unOUnt du: o~ the goo?s or Scr\'ICe5. There: ~ two limitatIons to. thIS nghr: (a) y~u must have made the purchase in your home state or, if not within your horn.: state. wIthm 100 mtles of your current m:u~mg :lddr.:ss; and (b>.the pun.:hus~ pnc~,rnus[ have be~ more than S50. These limitations do not :1.pply if .:ith.:r we or CHASE own or opi:rate the merchant. or If we or CHASE m:.ukd you the J.dvertlseme:lt lOr the property or services. i-~\Ji)~ ~~~;'~"'Milil~Af(&;lI@)ii<fr~'[]'';iblf!!o-@Jiili-'~'I"'''iJ,~,<~.''''%lli'''~\i'cl&'''t~~5:~ ~~''W'!J..........". _H.~ -. "'\iiI,j~41LalJ .~. ~ ' 0 0 0 ~ C 0 '-0 lJ ~ $: ". -0(.::-1 r- ~ rnn, G') -n ~ Z:,j 1-:-:-:::: 0 C) Le' e,.) m {0 CJ UJ..,t': 0 () 8 -<.," (~ ~ ~C) ~ _L, ~r, C i:> "-. ~T: ......... ~\ I zt.1 . 0._ ~,. ) ()\ ( ,~o . "rn >c': (.0) (J 0 ~~ ~ ;2:: =::;i ~-i 5J ~ -< ..... -< J t ..:.Jb;!j"JU.M~' [,,,-,,..,,,,~" ~~, -.' ,--~~,,~,~, ,00. '-.,-,:"",~,," '_'~_" ~ .. .~. -- ~. SHERIFF'S RETURN - REGULAR CASE NO: 2000-06032 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INCORPORATED VS RADNOVICH ERIC J RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon RADNOVICH ERIC J the DEFENDANT , at 0015:12 HOURS, on the 5th day of September, 2000 at CUMBERLAND CO. SHERIFF'S DEPT 1 COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to ERIC J. RADNOVICH 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 18.00 .00 .00 10.00 .00 28.00 So Answers: , ~~,~~.~ R. Thomas Kline 09/05/2000 PARK LAW ASSO Sworn and Subscribed to before By: me this f(;l:i.. day of ),-r;- ~ c2...ovu A. D . ~....e.Jn';/~~J~~ rothonotary / - ~ ""'.'-~---' " ,,,,,,,, ,':-', --,"c,~_,,'__ __,-,.,C-(, "~-i~: I FIRST SELECT, INC., Plaintiff :COURT OF COMMON PLEASE OF :CUMBERLAND COUNTY, PENNSYLVANIA vi. :NO. 00-6032 CIVIL TERM ERIC J. RADNOVICH, Defendant NOTICE TO PLEAD TO: Valerie Rosenbluth-Park Park Law Associates, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted TURO LAW OFFICES 7kko Date r-- Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant II " ~ "- ",-"--,-, ''",--, ,- -.,', --, .-," J""c.;-1efi), FIRST SELECT, INC., Plaintiff :COURT OF COMMON PLEASE OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 00-6032 CIVIL TERM ERIC J. RADNOVICH, Defendant PRELIMINARY OBJECTIONS OF THE DEFENDANT DEMURRER 1. Plaintiff has failed to state a cause of action against the Defendant in that it failed, at any time, to make allegations in the Complaint that the Defendant ever entered into a credit agreement with Plaintiff or that the Defendant authorized the use of such credit card or credit account by any other person and, further, failed to provide any documentation of purchases made on this account or card by Defendant or others. 2. The Plaintiff failed, as part of its Complaint, to include any documentation to substantiate the Defendant's alleged ownership of this account or to indicate any purchases authorized by or for the Defendant. WHEREFORE, for all the above reasons, Defendant requests this Court to dismiss Plaintiffs Complaint. MOTION FOR MORE SPECIFIC PLEADING 1. Plaintiff has failed as required by the Pennsylvania Rules of Civil Procedure, to include any and all relevant documents necessary for the Defendant to prepare a defense to the allegations, 2. Plaintiff merely attached a photocopy of "Account Agreement" but failed, in its Complaint, to include any documentation showing Defendant's Agreement, signature or other affirmation of any account arrangement between Plaintiff and Defendant. II - "".,- ., - ~, 3. The failure of Plaintiff include any such relevant documentation is fatal to its Complaint and consequently this Court should now order Plaintiff to file a new Complaint including all relevant documentation attached. WHEREFORE, for all the above reasons, Defendant requests this Court to order Plaintiff to file an Amended Complaint with appropriate documentation attached. Respectfully Submitted TURO LAW OFFICES q-ft ko Date ~ Ron Turo, Esquire 28 South Pitt Street Carlisle,PA 17013 (717) 245-9688 Attorney for Defendant II ,j.'- -;';)'-" " ,,-, ---.- '"- ~;l: CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Preliminary Objections upon Valerie Rosenbluth-Park, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the 1/ day of 5-r {J..J- , 2000, from Carlisle, Pennsylvania, addressed as follows: Valerie Rosenbluth-Park Park Law Associates, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 R uro, E quire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant II .C> '>'.j~I'Eltr'~j~mJJ)~1il ~ ,,,., ,- "-"'k>t~!a~i!.iiii"- >=, , ,~~ .;;d~~-.;.'~ ,,~-- On. ",;" <" o c -;:lr_: f!lf",; ~~~;--, 9.'~:~:: r::c.~' ~() ~~ ::5, -< -'~ '" - ~.." C.:Y C:',l U> 'fj -',3 . 11 (~, ~~-'j ~i r:::"' .. , :~C) "T' (~.;S 1'1 erl 10 :::..::~ ~ w -<, ~ ~-- ""'-'-'-"^~'" ,- _'_"~",",-">ff"_ "~', 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 FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CALIFORNIA 94588 CUMBERLAND COUNTY COURT OF COMMON PLEAS PLAINTIFF VS. ERIC J. RADNOVICH 1746 PEYTON RANDOLPH COURT NEW CUMBERLAND, PA 17070-2226 DEFENDANT CIVIL TERM NO. 00 -6032 CERTIFICATE OF SERVICE Valerie Rosenbluth Park, Esquire certifies that she is the attorney for the above named Plaintiff in the instant action and that on October 6, 2000, she served a true and correct copy of Plaintiff's Amended Complaint, by mailing the same by U. S. Mail, postage paid, to the person and at ,the address set forth below: Attorney for Defendant Ron Turo, Esq. Turo Law Offices 28 South pitt Street Carlisle, PA 17013 .C. BY: VALERI ROSENBLUTH PARK, ESQ. 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 FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CALIFORNIA 94588 CUMBERLAND COUNTY COURT OF COMMON PLEAS PLAINTIFF VS. ERIC J. RADNOVICH 1746 PEYTON RANDOLPH COURT NEW CUMBERLAND, PA 17070-2226 DEFENDANT CIVIL TERM NO. 00-6032 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 obj ections 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. _0."'_ _.', .'_'" > ,=,,,,'~'- ,"","0- ".~, '-~ -" "--' -, 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 FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CALIFORNIA 94588 CUMBERLAND COUNTY COURT OF COMMON PLEAS PLAINTIFF VS, ERIC J. RADNOVICH 1746 PEYTON RANDOLPH COURT NEW CUMBERLAND, PA 17070-2226 DEFENDANT CIVIL TERM NO. 00-6032 AMENDED COMPLAINT COUNT I - BREACH OF CONTRACT 1. The Plaintiff is First Select, Inc. a Corporation organized and existing under the laws of the Delaware with its principal place of business at 4460 Drive, Pleasanton, California 94588. Plaintiff is the this account which is the subject matter of this action. Delaware State of Rosewood owner of 2. The Defendant is Eric J. Radnovich an individual residing at 1746 Peyton Randolph Court, New Cumberland, Pennsylvania. 3. Plaintiff is authorized by 15 Pa.C.S.A ~4122 (a) (8) as a California Corporation to bring this action against Defendant. c~,-, .,; .. _<h ~., .. , c '"C'. , , c' ~ -~ .". ::,~ 0' ., ""--:-~+;, ,c " . ,"' i 4. At the request of the Defendant, Chase Manhattan Bank issued to Defendant a credit account. At all times relevant hereto, Defendant was the holder of said credit account issued through Chase Manhattan Bank's credit facilities bearing account number 4029-3600-1200-6703. 5. Subsequent to the delivery of the Chase Manhattan Bank credit account to the Defendant, and therein acceptance of the same, Chase Manhattan Bank, for valuable consideration and in the normal course of business, sold, assigned and transferred the Defendant's account to Plaintiff, which is now and has been since the date of the assignment, the legal owner and holder of said account. A true and correct copy of the First Select Corporation Officer's Certificate and Chase Manhattan Bank Bill of Sale is attached hereto, made a part hereof and marked Exhibit A. 6. Defendant Plaintiff, the April Exhibit B. On or about April 26, 2000, Plaintiff notified the that the Associates Credit Account had been sold to First Select Corporation. A true and correct copy of 26, 2000 correspondence is attached hereto and marked 7. The notice sent to the Defendant on April 26, 2000 provided a copy of the First Select account agreement. A true and correct copy of the First Select Account Agreement is attached hereto, made a part hereof and marked Exhibit C. 8. 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 the credit account now owned by the Plaintiff currently bearing account number 4168-1000- 0880-0409. 9. Notwithstanding the frequent demands by Plaintiff for payment of the amount due, there has been a failure and refusal by the Defendant to pay the same or any part thereof. 10. 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 and is indebted to the plaintiff in the amount of $2,862.47 as of July 6, 2000. ~, , -,. ,'" .~,,~..;,~---^ ' ""'.-.' ,-,"-.--- -- ~ ~i{': 11. In accordance with the terms of Exhibit "C", Defendant agreed to pay a finance charge on all sums due at an annual percentage rate of 24.00% and Plaintiff is entitled to additional finance charges from July 6, 2000. 12. In accordance with the terms of Exhibit "C", Defendant agreed to pay reasonable attorney's fee if the account was referred to an attorney for collection, and Plaintiff will incur an attorney's fee in the amount of $486.00. WHEREFORE, Plaintiff demands judgment against the Defendant in the sum of $2,862.47, plus interest from July 6, 2000, plus attorney's fees of $486.00 and costs of this action. ALTERNATIVE COUNT I - QUANTUM 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: 13. Plaintiff real leges each and every allegation contained in paragraphs 1 through 12 of this complaiht and incorporates each paragraph herein by reference as if the same were set forth at length. 14. The Defendant received a monetary benefit of $2,862.47, which was in fact appreciated by the Defendant. "Appreciated by the defendant" meaning among other things that the Defendant received a benefit from the Plaintiff by utilizing the Plaintiff's credit facilities and incurring charges on the Chase Manhattan Bank Credit Account. 15. The Defendant accepted the monetary benefits of a credit account issued through the credit facilities of Chase Manhattan Bank. "Accepted the benefits" means among other things that the Defendant either passively or actively received benefits from the Plaintiff which would be unconscionable for the Defendant to retain without repaying the Plaintiff. c -.,.-;'--.-;'.- 0'-' "'_ .,'~_, \",_:,'-.. ' "['-<"-,;,",-" c' 16. By virtue of the circumstances for funds made, the defendant knowingly issue and knowingly and voluntarily bestowed. surrounding the request requested the funds in accepted the benefits 17. 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. 18. In accordance with the law, there is interest due at the rate of 6% per annum from July 6, 2000. WHEREFORE, plaintiff demands judgment against the Defendant in the sum of $2,862.47 plus interest from July 6, 2000 and costs of this action. By: VALERIE ROSENBLUTH PARK, ESQUIRE COMMONWEALTH OF PENNSYLVANIA COUNTY OF BUCKS " ',- _~_e_ ,", - .,~ ,.,~ < - ""'~,-,"..--~' <"~ ,'- ,i Valerie Rosenbluth Park, Esquire, being duly sworn according to law deposes and says that she is the attorney for the Plaintiff in the forgoing matter; that she is authorized to take this Affidavit on its behalf; and that the facts contained in the foregoing Pleading are true and correct to the best of her knowledge, information and belief. Valerie Rosenbluth Park, Esquire further understands that false statements made herein are subject to the penalties of 18 Pa.C.S., ~4904, relating to unsworn falsification to authorities. VALERIE ROSENBLUTH PARK, ESQ. .' ~~ ""'~'-10 OFFICER'S CERTIFICATE FIRST SELECT, INC. ACCOUNT NUMBER: 4168-1000-0880-0409 ACCOUNTHOLDER NAME: ERIC J RADNOVICH In my capacity as Executive Vice President of First Select, Inc., I hereby certify the following: 1. First Select, Inc. is the owner of the account referenced above. The account was acquired from Chase Manhattan Bank USA ("Seller"). The acquisition of this account is evidenced by the copy of assignment of accounts/bill of sale attached to this Officer's Certificate. 2. Seller informed First Select, Inc., in connection with the account's acquisition, of the following information: Chase Manhattan Bank USA Account Number: 4029-3600-1200-6703 Customer Name: ERIC J RADNOVICH By: Title: Vice President Date: September 19, 2000 1'~ FSCERT.DOC 9/19/00:dt ~_~e ~ ~ .. "Co ~! ';r', ~-rr-"l --~_...,. "Eli.T, OF ;) T :'" 1=0"9 ~7iT-U" ,,-;::r-,.,'>/ED -.;.............".."."., .'- ,--~ ri' ," -. _ _,-y_~ ___~~ _ J;:::...,;.:....:'...;.;...~~l.--~~:L1ir.r.';":"';dO:!:c e:.......;:... r-.."':: A , ~ _ _:.__ . _~ '-~ r\..-.. " '.---:" ~ ,. -- . '. -...:.\.-2.;_r~=ru:~r=-_'~-'-!c....-"'--"-'-~tt'-""'"O' , ~ I,;:;" ")..i"",,...,....r . 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April 26, 2000 ERIC J RADNOVICH no"" 1746 PEYTON RANDOLPH CT NEW CUMBERLAND PA 17070-2226 1",11".,111",1",111.,.,,1.1,.1,1,.1,1,11,.,1,,',11",,'1,1 New First Select Account Number: 4168-1000-0880-0409 Old ClfASE Account Number: 4029-3600-1200-6703 Current Balance: $2,705.13 Dear ERIC J RADNOVICH: Your CHASE account has been transferred to First Select Corporation, so you will begin receiving montluy statements from us. Your First Select account number appears above and your new Account Agreement is enclosed. Unfortunately, your CHASE account was closed for non-payment and the severity of your delinquency places your account in default. However, we assume that all of our customers are honest people and want to repay their debts. In fact, we bend over backward to make acceptable payment arrangements to prevent the escalation of collections, and to help our customers repair their credit record. !fyou call us, we promise you the following: · You will be treated with dignity, respect, and trust · !fyou make a ~ent arrangement and stick with it: - We can lower,your interest rate to get you out of debt faster. - We can be an excellent credit reference for you. - We can help you regain access to credit. So please call our Customer Assistance Department at 1-888-924-2000. We want you as a long-term customer and would be honored to serve you. We recognize that customers can have temporary financial difficulties, and we will consider payment arrangements for as low as $25 per month. The following is a required legal disclosure regarding your rights: Federal law gives you 30 days after you receive this letter to dispute the validity of the debt or any part of it. !fyou do not dispute the validity of the debt, or any part of it, within that period, we will assume that the debt is valid. !f you dispute the debt, or any part of it, in writing - by mailing us a notice to that effect on or before the 30th day following the date you receive this letter - we will obtain and mail to you proof (verification) of the debt. And if, within the same period, you request in writing the name and address of the original creditor (if different from the current creditor), we will furnish you with that information too. All efforts to collect this debt will be suspended until we mail any required information to you. If you would like to make a payment, which we encourage, you may use the postage-paid envelope enclosed. We appreciate your business, we want you as a long-term customer, and we will do everything we can to help you. Very truly yours, r1~)?40e Arthur Price Senior Vice President fii THE PURPOSE OF TillS COMMUNICATION IS TO COLLECT A DEBT; ANY INFORMATION OBTAINED WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. EXHIBIT b D " S 13 EXHIBIT i 3 (' ACCOUNT AGREEMENT Your CHASE account has been transferred to First Select Corporation. Your CHASE account was closed at the time of this transfer, and will therefore continue to be closed. 'Ibis Account Agreement contains the terms that govern your First Select account (the" Accowrt"). 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 CHASE. If the Account was opened as ajoint account, we may act on the instructions of any joint accounthoJder. 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 win be calculated as disclosed in your most recent CHASE account tenns (the "Original Terms"). !fyOU! 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 forthis 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 Terms or the maximum late charge permitted by the law of your state of residence, whichever is tower. .. We will charge your Account a fee for each returned payment check (returned check charge). The amount of the returned check charge will be as disclosed in your Original Tenns, or the maximum returned check charge permitted by the law of your state ofres.idence, whichever is lower. To the extent provided in your Original Terms, and to the extent pennitted 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 of Certain Rights. We may delay or waive enforcement ofany provision of this Agreement without losing our right to enforce it or any other provision later. ' > l Applicable Law; Severability; Assignment. No matter where you live, this Agreement and your Account are governed by federal law and by the law of the state designated as the applicable law in your Origmal Tenns. If yom Original t~ did not contain an applicable law provision, then this'Agreement and your Account are governed by federa1law and the law of your state ofresideIice. 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 provisio!1 of this Agreement is held to be invalid or unenforceable, you and we win consider that provision modified to conform to applicable law, and the rest of the provisions in the Agreement will still be enforceable. We may1ranster 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 terms 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 xour Account, you must write to us at the fotIowin~ address: First Select Corporation, P.O. Box 9104, Pleas,jlnton, California, 94566. We- "'ay s/iare irifonnat~on "With OUT afJiliates including, J'fithout limitat~on, ProvirJian National Bank and 1'T(}virJian Bank: H(}l'fe.Tlu.you may mite- t(} us at any time-instructing U$ nott,,~hare cre.wt in!ol'mation'"With our affiliates. YOUR BILLING RIGHTS - KEEP TInS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act NotitY Us in Case ofElTors or Questions About Your Bill If you think your bill is wrong, or uyou need more infonnation about an entry on your bill. write us, on a separate sheet, at the following address: Frrst Select Corporation, P.O. Box 9104, PJeasanton, 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. !fyou 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 corrected the error by then. Within 90 days, we must either correct the error or e:q>lain why we believe the biII was correct. After we receive your letter. we camlot try to collect or report you as delinquent as to any amount you question, including finance charges. We can apply any unpaid amoWlt 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 biII 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. lfwe 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 duo. If you fail to pay the amount we think you owe, we may report you as delinquent. However, if our explanation does}1ot satisfy you and you write to us within 10 days teUing us that you still refuse to pay. we must tell anyone we report you to that you question your bilI. 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 rule;,. we cannot collect the first $50 of the questioned amount even if your biII was correct. Special Rule for Credit Card Purclutses If you have a problem with the quality of goods and services that you purchased with your CHASE 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, unot within your home state, within 100 mites oryour current mailing address; and (b) the purchase price must have been more than $50. These limitations do not apply if either we or CHASE own or operate the merchant, or ifwe or CHASE mailed you the advertisement for the property or services. ~~~~i1lI\iitEJ"ii!;i:Mi<'..k'i~!i!l~mii$ll;'.<Jf~tlm'!'lli;'H;\"':&>"\'l'~:<J>>-"iiI3ii~tM!l;;~:.wm1i <~J, ,. -lIliilBlrll!!li~~~'~w~' Jl ,~ ""''''~~.L -~, . ,,,~ .~-,_'-\-' ,., ~ '"-' , '~' ~ii!1 (') C <' '"D CD flirT"; Z~L~ Z' ~~~~; ~C) )>C1 ~8 ~ ~ 0"' o o o co -< C} C> ;;~ -'"~:;() ,?j~ ::)tn '" :D -< ..."., ::r: N (,.'1 <::l ~ ~ _c i. '," Y';, ".cii! I FIRST SELECT, INC., Plaintiff :COURT OF COMMON PLEASE OF :CUMBERLAND COUNTY, PENNSYLVANIA vi. :NO. 00-6032 CIVIL TERM ERIC J. RADNOVICH, Defendant NOTICE TO PLEAD TO: Valerie Rosenbluth-Park Park Law Associates, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 You are hereby notified to file a written response to the enclosed Preliminary Objections within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted TURO LAW OFFICES loh7/o() Date Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant II , , 'i""'"' FIRST SELECT, INC., Plaintiff :COURT OF COMMON PLEASE OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 00-6032 CIVIL TERM ERIC J. RADNOVICH , Defendant PRELIMINARY OBJECTIONS OF THE DEFENDANT DEMURRER 1. Plaintiff has failed to state a cause of action against the Defendant in that it failed to provide any documentation indicating that the Defendant did, in fact, enter into a credit agreement with the Plaintiff or its successor, Chase Manhattan Bank USA, and further failed to identify any documentation or allegations that the Defendant used said credit card at anytime. 2. The Plaintiff failed, as part of its Complaint, to include any documentation to substantiate the Defendant's alleged ownership of this account, the Defendant's use of this account, or any other documentation necessary to establish and verify the allegations in the Complaint. WHEREFORE, for all the above reasons, Defendant requests this Court to dismiss Plaintiffs Complaint. MOTION FOR MORE SPECIFIC PLEADING 1. Plaintiff has failed as required by the Pennsylvania Rules of Civil Procedure, to include any and all relevant documents necessary for the Defendant to prepare a defense to the allegations. 2. Plaintiff merely attached a photocopy of "Account Agreement" but failed, in its Complaint, to include any documentation showing Defendant's Agreement, signature or other affirmation of any account arrangement between Plaintiff and Defendant. II -. " , " %-~, 3. The failure of Plaintiff include any such relevant documentation is fatal to its Complaint and consequently this Court should now order Plaintiff to file a new Complaint including all relevant documentation attached. WHEREFORE, for all the above reasons, Defendant requests this Court to order Plaintiff to file an Amended Complaint with appropriate documentation attached. Respectfully Submitted TURO LAW OFFICES JaC1 Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant /0/'7/00 Date Ii '.CO'_ u~. ,- CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Preliminary Objections upon Valerie Rosenbluth-Park, Esquire, by depositing same in the .United States Mail, first class, postage pre-paid on the /7 day of Dcf ,2000, from Carlisle, Pennsylvania, addressed as follows: Valerie Rosenbluth-Park Park Law Associates, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 TURO.LAW OFFICES ~ Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Defendant II 'Ifill I' II 'ruUW'.lLJ4 ~ti:r:~:uL --il~~ ., " '.(t"'.... ~1~1I~ o C' -O~ nlp., Z;-,.; &i~~.:. i"E ~- ~2 ~ ~ ,- ' ~. c.::\ C:l ::) ~~~ :~:--. ...J'-'o _i_Oj C> n-] ~? >~ :fj -< ,'0 <D -_..~,~ '~~< VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 ATTORNEY FOR PLAINTIFF FIRST SELECT, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff VS. ERIC J. RADNOVICH Defendant NO. 00-6032 PRAECIPE TO SETTLE. DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above captioned matter settled, discontinued and ended upon payment of your costs. PARK LAW ASSOCIATES. P.C. BY: ~ ~ VALERIE ROSENBLUTH PARK, ESQUIRE if:L"'-"", " L ~1lJ.L~".~IiL.i' ~'~\:...:..... 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