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Home My WebLink About01-7111 FX "\[>*f'lTn ",' , 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 CAMBRIA COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC, Plaintiff VS. ROGER LEE NULL NOTICE: NO,6t-'7/11 c;()~( ~~1rJ Defendant 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. ~"',1l!i"',..",~ ., . .-.,~ -"'~ ~I . ., ~ > O. r- . "':."."',Jf--~'.yr:}ji(.'-JljJj ~,.J . . . 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#:4168100018854925 CAMBRIA COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS ROGER LEE NULL 249 FURNARI AVE JOHNSTOWN, PA 15905-9545 DEFENDANT NO. 01- '711/ C.;CJ~(~~ 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, ROGER LEE NULL , is an individual who resides at 249 FURNARI AVE JOHNSTOWN, PA 15905-9545, ' 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 4168100018854925, THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. -,.~jl1,%j~. ._", ~H' ,. , . -, ,., I - '- ~ -" , r ]Jf:lf-' . 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 $4,085,49 as of 11/16/2001, 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 $695,00, WHEREFORE, Plaintiff demands that judgment be rendered in favor of the plaintiff, FIRST SELECT, INC, and against the Defendant in the amount of $4,085.49, plus pre-judgment interest at the contractual rate of 18,00% per annum from 11/16/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $695,00, 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. 'k~'lfj!i.,,".,= ~ .. ~ , I...,. .' "" ~__ !w.!."~ 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 $4,085,49, plus pre-judgment interest at the contractual rate of 18,,00% per annum from 11/16/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $695,00, 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 THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY 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. "irj<.;""~ ,~,. ~!m,O[ "_ ~ ~ - ~ I ~ " . - ~" ,c, <~ ."" ~,. ""!~~^' ;:-'-i~'.><-' ~t ,. . ~ -- ~.~ .: , , VERIFICATION . I, . 'SUSAN COWHERD , 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 Jefferson County, in the State of Kentucky, II 21 01 ~()JJ ? Date Designated Agent ''''W''~L~. - -I""' ~.. "'='--'T"'-'''''l'l''l'll!l , A 6.:.. '~/~ F1RST SELECT CORPORATION 5040 JOHNSON DRIVE P.O. BOX 9104 PLEASANTON, CA 94566 888-964-4000 EXHIBIT ACCOUNT AGREEl'YIENT Y cur mSCOVER account has been transferred to Firs.t Select Corporation. Your DISCOVER account was closed at the time ?fthis transfer, and will therefore continue to be closed. 1bis Acl;ount Agreement contains the tenns that govern your First SeIcct account (the "Account"). hi this Agreement, "you" and "your" mean each person who is. liable for payment on the Account "We," "cur," "outs." and "us" mean First Select Corporation or its nssignees. Because your Account has been transferred to us, you are now obligated to repay the ACCount to us instead of DISCOVER. tfthe A.ccouot was opened as a joint account. we may act on the instructions of any joint accountholder. Paymenb: I Finance Charges, As long as you have a balance outstanding on your A.cc:ount, finance charges are calculated as.foUows:, To figure the finance charges for each billing cycle. we multiply the average daily balance on yaur Account by a daily periodic rate. The daily periodic:: rate we apply is your Account's Annum Percentage Rate divided by 365. The- Annual Percentage Rate will be calculated as disclosed in your most recent DISCOVER account tcrm3 (the "Original Terms"). !fyOUI' 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 Pertentage Rate to your entire outstanding balance. We may accept late or partial payments, or payments marked "paid in full" or marked with other restrictioDS. without losing our right to collett all amounts owing under this Agreement . . Fees. We will charge your Account a fee for each billing cyct~ within which your Account is delinquent (late charge). The amount ofthc late charge will be as disclosed in your Original Tenns 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 of the returned check charge will be as disclosed in your Original 'Terms. orthe ma."ri:mum returned check. charge permitted by the taw of your state of residence. whichever is lower. . To tlre extent provided in your Original Tenns, and to the extent permined 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 com we incur. including but not limited to reasonablc attorneys' 'fees and court costs. lfyourOriginal Terms proyided for an award of attorneys' fees and court cOStS. such provision l'S incorpor3t.ed herein shall apply reciprocally to the prevailing party in wiY lawsuit arising out oCthis Agreement. . Non-Waiver or Certain. Rights. We may delay or waivc enforcement of any provisic)D of this Agreement without losing our right to enforce it or any other provision tater. Applicable Law; SeverabiJitn Assignment. No matll:~ ~here you live, this Agre~ent and your Account are governed by federal law and by the law of the state designated as the applicable lawin your Original T~-' reyour.Original lcrms did nOt contain an applicable law provision. then this ~ and your Account are governed by fedeta.llaw and the taw of your state of~iden,ce. This Agreement-is a fmal expression of the agreement between you and us and may not be,contradicted by evidence of any aUeged oral agree:rn.ent. If311Y provision of this Agreement is held to be invalid Of unenforceable, YlJu and we will consider l.hat provision modified to ,conform to applicable law, and the rest ofttle provisions in the Agreement will still be enforceable. We may transfer Of assign our right to all or some of your payments. Ifstate law requires that,you re,ceive noeice of such.~ event to prot~ct the purcha5(f' or assignee, we may give you such nocicc by filing a financing statement with the state's Secretary,ofState. Credit Reporting. If you fail to fulfill the teaM ofY~\If.,credit obligation. a nega:tive credit report reflecting on your credit record may be submitted to a credit reporting agency. In order to dispute any infonnatioll: we 'are reporting about your Account. y,ou must write to us at the following address: First Select . . Corporation,. P.O. Box 9104, Pleasanton., California. 94566. YOUR BILLING RIGHTS. KEEP THIS NOTICE FOR FUTIlRE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. NotifY Us in Case orErron 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. atthe following address: First Select Corporation. P.O. Box 9104, Pleasanton, CA 94566. Write to us as soon as possibl~. We must hear from you no later than 60 d:1ys after we sent you the f1I'St bin on which the error or problem appeared. Yeu can telephone us, but doing so will not preserve your rights. In you; letter, give us 'Ute following: .. Your name and Account number. . The doUar amount of the suspecl:ed error. . Describe the Mor and explain. if you can. why you believe there is an error. If you need morc infonnatton. describe the item you are not sure about. Your Rights and Our Responsibilities After We Receive Your Written Notice We must llcknowledge your letter within 30 days, unless we mve corrected the error by then. Within 90 da)"S, we must either correct the error or e:<ptain why we believe the bill was Correct. After we receive your letter, we cannot try to collect or report you as delinqutnt as to 3JlY amount you question, including fmance charges. We can apply any unpaid amount against your credit line. You do not haw: to pay any questioned amount while we are investiguting. but you ilre still obligated to pay the parts of the bill that are not in question. , Ifwe fmd that we made a mistake on your bil~ you will not have to pay any fmance charge related to any qu~oned amount If we did not make a mistake, you may have to pay.finance chargl:S, and you will have to make up the missed payments on the questioned aniount. In either case, we will send you a. statement of the amount you owe and the dat~ that it is due. rtyou fail to pay the 3mOunt we think you owe, wa may report you i1S 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 :myone we report you to that the matter has been settled between us when it finally is. If we do not follow these rules, we camot collect the .first S50 of the questioned amount even tryour bill was correct. Special Rule for Credit Card Purcluues If you have a problem with the quality of goods and services that you purch:J.Sed with your DISCOVER credit card and you have tri~d in O'ood faith to correct the problem with the merch:l;"t.. you may not have t~ pay ~e ~ining :unount dU7 o!, the goo~ or ~ervices. Tnere 3!~ two limitations to th~ right: (a.) you must have made: the purchase In your h~m~ s~te or, If not W\uu~ yc;mf home state. wlthm 100 mdes of your current miuhng address; and (b) the purchilSc price must ha....e been more than S50. These hrrutatlons do not apply if ~lth~r we or DISCOV"ER own or Qperat~ the merchtull, or if we or DISCOVER mailed you the advertisement for the property or services. Z;~.~.. "~'i~f';,';""'1&tij;!ll~TJ- _..Piit,1. ~., ~I~' ~.. ~7'T"1! ..0 ~ ~~.,", ,1"'_ u. ~,~..,."~"....',.,,~~ 1 ~ ..vJ~ 9 ~ ~ ..0 ...0 "-J "V ,..,.~ ",,'~'" ~~ )J ~ ~ ~~ ~v. "= .,. -4'>~ ~"C'!t\'!&M."'lUg'~"~';"?'''?;;'>''_'.J::';'';>J;o~1'lIT:1}f~ii~'1iiif~~~ji.c:~~~tJ0'i~~~~'%~ ~ -&q Pi ~ ~ a D ~ I ~ (); ~~ ) _, ~.~~~""".H!itl,~!0~;J~---$If'~oMl!lf"f!~!r~~~~it!~P!i;SfX?V-": "'.,,",,""'" ",\",""""..",.' rK~ :~.; ~~;:~ c, ~; C:'; ,f:- ,8 .' 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. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff VS. ROGER LEE NULL Defendant NO. 01-7111 CIVIL TERM 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, ATTORNEY FOR PLAINTIFF ESQUIRE '''''1$'''~' . ~"" . :'f ~ ~~~~, "~~ ~. 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