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HomeMy WebLinkAbout01-5922Ron Z. Opher, Esquire Attorney for Plaintiff Attorney/457507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 FIRST SELECT, INC. 1600 Ormsby Station Court Louiville, KY 40223 Plaintiff DUANE E RENAUT 2326 BUMBLE BEE HOLLOW RD MECHANICSBURG, PA 170555581 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. Or- COMPLAINT - CIVIL ACTION NOTICE TO DEFEND AVISO You have been sued in court. If you wish w 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 appearaace 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 any other claim or relief requested by the plaintiff. You may Le han demando a usted en la corm. Si usted quiem defenderse de estas demandadus expuestas en las paginas signantes, usted tiente veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hace faita asontar una comparencia escrita on en persona o con un abogado y entregar a la corm enforma escritas sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defende, la corte tomara me~das y puede conimuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demaadante y requiem que usted cumpla con todas las provisionee de esta demanda. Usted puede perdes dinero o us propriedadedsu otros derechos importsntes para usted. lose money or property or other rights important w you. LLEVE ESTA DEMANDA A UN ABOGADO YOU SHOULD TAKE THIS PAPER TO YOUR INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO LAWYER AT ONCE. IF YOU DO NOT HAVE A TIENE EL DINERO SUtqqCIENTE DE PAGAR TAL LAWYER OR CANNOT AFFORD ONE, GO TO OR SERVICIO, VAYA EN PERSONA O LLAME POR TELEPHONE THE OFFICE SET FORTH BELOW TO TELEFONO A LA OFFICINA CUYA DIRECCION SE FIND OUT WHERE YOU CAN GET LEGAL HELP. ENCUENTRA ESCRITA ABAIO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave ASSOCIACION DE LICENCIADOS DE CUMBERLAND Carlisle, PA 17013 2 l~tberty Ave (717) 249-3166 Carlisle, PA 17013s (717) 249-3166 Ron Z. Opher, Esquire Attorney for Plaintiff Attorney #57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 FIRST SELECT, INC. 1600 Ormsby Station Court Louisville, KY 40223 Plaintiff DUANE E RENAUT 2326 BUMBLE BEE HOLLOW RD MECHANICSBURG, PA 170555581 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No. COMPLAINT - CIVIL ACTION COUNT ONE 1. The Plaintiff herein is FIRST SELECT, INC., a Delaware corporation located at 1600 Ormsby Station Court, Louisville, KY 40223. 2. The Defendant herein is DUANE E RENAUT, an adult individual located at 2326 BUMBLE BEE HOLLOW RD, MECHANICSBURG, PA 170555581. 3. Plaintiff is the owner of Defendant's credit account number 4168100115312223. 4. The Defendant, at all times relevant hereunder, knowingly requested the funds at issue, and knowingly and voluntarily accepted the benefits bestowed and the terms and conditions linked thereto. 5. The balance due and owing on said account as of September 10, 2001 was $7726.76. A tree and correct copy of an account sumnm~ is attached hereto and marked Exhibit 6. Under the terms of the patties' agreement, additional interest has accrued, and continues to accrue, from September 10, 2001, at the rote of 0.00% per annum. A tree and correct copy of the relevant account agreement terms is attached hereto and marked Exhibit "B". 7. In addition, Defendant agreed to be liable for Plaintiffs actual costs of collection, including court costs and attorney's fees. See Exhibit "B". 8. The actual attorney's fees in this case are contingent on recovery, at 10% of amounts recovered before entry of judgment and 30% of amounts recovered after entxy of judgment. 9. Plaintiff has in all respects fulfilled all conditions precedent to its obligations on the contract and for bringing this Complaint for damages. 10. There is no offset known to Plaintiff on the amount set forth in Paragraph 5. 11. Despite repeated demand by Plaintiff, Defendant has refused and continues in failure and refusal to pay Plaintiff. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of $7726.76, plus interest at the conwact rate of 0.00% per annum commencing on September 10, 2001, plus attorney's fees at the rate of 10% pre-judgment/30% post-judgment, and costs of this action. COUNT TWO 12. set fomh. 13. 14. 15. forth above. Plaintiff also claims alternatively on the basis of quantum memit or Quasi Contract. Paragraphs 1 through 11 above are incorporated herein by reference as though fully Plaintiff was neither a volunteer nor an officious intermeddler. Plaintiff is the owner of said credit accoum. Plaintiff expected payment from the Defendant for said credit in the amount set 16. The amount claimed is the fair and reasonable market value for said credit. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of $7726.76, plus interest at the contract rote of 0.00% per annum commencing on September 10, 2001, plus attorney's fees at the rote of 10% pre-judgment/30% post-judgment, and costs of this action. Dated: October 9, 2001 ~Ron Z~i~her. Escmire FOR P.~AINTIFI:' FRENICKA SUBLETT EXT 2089 TCSI 001 CODE IHB ACCT 4168100115312223 CYCLE 10 AGENT 0655 ( 12 MONTH HISTORY :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: SCREEN SELECTION ( 1 2 1 4 ) (01) 09/10/01 (02) 08/10/01 (03) CURRENT PAYMENT 0 090401 .00 MIN PYMT 25.00 PURCHASE 0 .00 CASH ADV 0 .00 CREDITS 0 071001 .00 MISC CHG 0 100.00 INS FEE .00 LATE CHG .00 OVRL FEE .00 PURC F/C .00 CASH F/C 224.38 LIMIT 1.00 BALANCE 7,726.76 1 100.00 25.00 0 .00 0 .00 0 .00 0 .00 .00 .00 .00 .00 .00 1.00 7,726.76 0 .00 25.00 0 .00 0 .00 0 .00 0 .00 .00 20.00 .00 .00 .00 1.00 7,826.76 => RENAUT DUANE E 07/10/01 (04) 06/11/01 1 1 25.00 25.00 25.00 25.00 0 0 .00 .00 0 0 .00 .00 2 1 17.50 8.75 0 0 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 1.00 1.00 7,806.76 7,849.26 I IN3'I' ACCOUNT AGREEMENT Your DISCOVF.~..ccount h~ be~n mmsfe~'ed to Fi~t Sel~ ~ y~ DISCO~ ~o~t ~ cl~ed ~ / ~ ~ ~ I~ ~ you ~ ~ ~ outing on ~ ~ ~ ~ ~ ~1~ ~ fo~: . YO~ B~G ~G~S - ~ ~ N~I~ FOR Y~ ~a md ~ ~ ~r W~ R~ve Yo~ W~ . . . . ~ }~ pay g~e ~ ~u ~, ~ ~ ~ $pe~ R~e for ~ C~ ~ VERIFICATION I, Susan Cowherd, hereby state: 1. I am an authorized agent of the plaintiff in this action; 2. I verify that the statements made in the foregoing Complaint- Civil Action are true and correct to the best of my knowledge, information and belief; and 3. I understand that the statements in said complaint are made subject to the penalties of 18 PA.C.S. {}4904 relating to unsworn falsification to authorities. Susan Cowherd Ron Z. Opher, Esquire Attorney for Plaintiff Attomeyg57507 P.O. Box 2245 Southeastem, PA 19399 ~,10) 902-0530 FIleT SELECT, INC. 160{Y Ormsby Station Court Louisville, KY 40223 Plaintiff DUANE E RENAUT 2326 BUMBLE BEE HOLLOW RD MECHANICSBURG, PA 17055-5581 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 01-5922 PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, FIRST SELECT, INC., against Defendant, DUANE E RENAUT, for want of an answer. Assess damages as follows: Debt Interest (per contract and complaint) Attomey's Fee (per contract and complaint) TOTAL $7726.76 $0.00 $2318.03 $10044.79(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 after the default occurred and at least ten days prior to the date of the filing of this pmecipe. Copies are attached. R.C.P. 237.1 Ron Z. Opher, Esq-'lli:te-/~#57507 Attorney for Plaintiff AND NOW ~ ~ I ,20 0 t , Judgment is entered in favor of FIRST SELECT, INC., against Defendant, DUANE E RENAUT, by Default for want of an answer and damages assessed at the sum of Ten Thousand Forty Four Dollars And Seventy Nine Cents ($10044.79) plus costs as per the above certification. Prothonotat5 [J ~ Ron Z. Ophcr, Esquire Attorney for Plaintiff Attomeyg57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 First Select, Inc. 1600 Ormsby Station Court Louisville, KY 40223 Plaintiff DUANE E RENAUT 2326 BUMBLE BEE HOLLOW RD IvIECHANICSBURG, PA.17055-5581 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 01-5922 DUANE E RENAUT 2326 BUMBLE BEE HOLLOW RD IVIF-~HANICSBURG, PA 17055-5581 DATED: November9, 2001 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAn .Rr) TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN 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 TRT.EPHONE TI~ FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL I-IRI .p. LAWYER REFERRAL SERVICE Court AdminisUatofs Office Courthouse, 4th Floor 1 Courthouse Square. Carlisle, PA 17013 (717) 240-6200 Affix fee here in stamps U.S. POSTAL SERVICE CERTIFICATE OF MAILING J or meter postage and MAY,BE USED,FORDOMEST~CT~~'~"n'l AND INTERNATIONAL MAIL, DOES NOT I post mark. Inquire of R Ron Z. Opher, Esq _ P.O. Box 2245 f r~'' ' '-~ Southeastern,. PA 19399 One pece of ordin~ ma~l addressed to: ~. PS Form 3817, Mar. 1989 FIRST SELECT, INC. 1600 Ormsby Station Corot Louisville, KY 40223 Plaintiff DUANE E RENAUT 2326 BUMBLE BEE HOLLOW RD MECHANICSBURG, PA 17055-5581 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 01-5922 CERTIFICATION OF ADDRESSES AND AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : :SS COUNTY OF CUMBERLAND : I, Ron Z. Opher, Esquire, being duly sworn according to law, depose and say that I am the attorney for Plaintiff and I am authorized to make this affidavit on Plaintiffs behalf. I hereby certify that the address of the Plaintiff is 1600 Ormsby Station Court, Louisville, KY 40223. Defendant's address is 2326 BUMBLE BEE HOLLOW RD, MECHANICSBURG, PA 17055-5581. In addition, Defendant is not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 or the amendments thereto. I verify that the statements made in the foregoing certification and affidavit are tree and correct to the best of my knowledge, information and belief; and I understand that the statements in said certification and affidavit are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. DATED: November 20, 2001 BY: Ron Z. Opher, Esquire OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE 1 Courthouse Square Carlisle, PA 17013 TO: DUANE E RENAUT 2326 BUMBLE BEE HOLLOW RD MBCHANICSBURG, PA 17055-5581 FIRST SELECT, INC. 1600 Ormsby Station Court Louisville, KY 40223 Plaintiff DUANE E RENAUT 2326 BUMBLE BEE HOLLOW RD MECHANICSBURG, PA 17055-5581 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 01-5922 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Default Judgment has been entered against you in the above proceeding. Prothonotary IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL RON Z. OPHER, ESQUIRE, at 610-902-0530.