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Home My WebLink About99-06745 o` I 0 ?J v -r- 1 N ? VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. 1172094 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 CORPORATION Plaintiff VS. RICHARD L FORNEY Defendant NO. CC L 715' a" _- 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 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 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. ff 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION 5040 JOHNSON DRIVE PLEASANTON, CA 94566 PLAINTIFF VS RICHARD L FORNEY 1779 MAIN STREET FLOOR 2 MECHANICSBURG, PA 17055-5946 DEFENDANT NO. CIVIL ACTION 1. FIRST SELECT CORPORATION, an organization domiciled at 5040 JOHNSON DRIVE, PLEASANTON, CA 94566, and existing under the laws of the United States of America, is the owner of a credit account opened at the request of the Defendant. 2. The Defendant is RICHARD L FORNEY, an individual who resides at 1779 MAIN STREET, MECHANICSBURG, PA 17055-5946. 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 ?ca?nea_a owned by the Plaintiff bearing account number 4168100002700316. 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 $3,726.09 as of 07/22/1999, 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 $745.00. 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 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 CORPORATION, and against the Defendant in the amount of $3,726.09, plus pre-judgment interest at the contractual rate of 24.00% per annum from 07/22/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $745.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. 1 V 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. VERIFICATION tS' (! k? declare: T SIliV ? I am a designated agent of , n Cc_Q?1 n _ in the above entitled 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. Secti-on4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct . Executed this day of t'LAMtzkip county, in the state of 1999 at ? , Designated Agent De ?3?/!Ir??'G? ?1 YT e, FIRST SELECT CORPOIWFION RICHARD L FORNEY 4 168100002700316 529111-1 ?J' ] R ST SELECT EXHIBIT ACCOUNT AGREEMENT I '. J Your CHASE account has been transfi red to First Se!ect Coqura on. 'four CHASE aeueunt w'as :!ci d ac des time of this ronstir. and will therefore continue to be closed. This Account Agreement :Ontams the terms that go '4m ,:our Firal Select adount(the 'Aaun: *) . In this Ag cement. "%ou' and "your" mean each person who is liable for payment on the Account. 'W-,bur. "our,: and "us" mean Firs[ $eleC. Carer,::pit air its ssm'gnces. Because your Account has been transferred to us, vou are now obligated to repay the Account:o us instead of CHASE. If the Account .. as opened asa loim arount we may act on the instructions of anjoint accountholder. Payers cnisI Finance Churges. As long as you have a baloney outstandin g on your Account. financ::h::;:s arc: alcalord as follows'. To figure the finance charges for each billing tale, we multiply the average daily balance on your Aaaunt by a daily periodic to It. The city pen odic rate we apply is your Account's Annual Percentage Rate divided by 365. Tne Annual percentage Rate will be :alculatd as disclosed in vour most recent CH.ASE account terms (the "Original Terms'). If your Original Terms pro, died ',or different Annual Percentage Rates :o b< aaplied to different components of vour outstanding balance, we will apply the lowess such Annual Percentage Rase :o your entire outstanding balance. We may accept late or partial payments, or payments marked "paid in nil" or marked with other resviriors, without iosng our right to collect all amounts owing under this Agreement. Fees. We will charge your Account a fee for each billing cycle within which vour Account is delinquent (late :harge). The amount of she late charge will be as disclosed in your Original Terms or the maximum late charge permit^.d by the law of your state of rsid^c:... hichever is lower. We will charge your Account a fee for each returned payment check Crcmned check :harge). The amount of Lhe r-rimed check charge will bras disclosed in your Original Terms, or the maximum retuned check charge pernitted by the law oC•vour state of residence. whichever is lower. To the extent provided in your Original Times. and to the extent permitted by applicable ow, in addn:en to your eoligation to pay the outstanding balance on your Aceoun4 plus interest and feu as disclosed herein, we may also charge vou for any collection costs we incur. including but not limited to reasonable attorneys fees and courtcosts. If your Original Tema provided for an award of anemeyi fees and court costs, suai provision u incorporated herein shall apply reciprocally to the prevailing pa cry in my lawsuit arising out of this Agreement Yon-Waiver of Certain Rights. We may delay or waive eNorctmert of lily provision of this .Ay eememt -without losing our right to enforce it or any other provision later. Applicable Law; Sevenbility; Assignment No matter where you live, this Agreement and your Account are govemed by federal law and by the law of the state designated as the applicable law in your Original Tents. If vour Original terms did not contain an applicable fall provision, then this Agreement and your Account are governed by federal law and the law of your state of residence. This Agreement is a im?I :rr_sion at the agreement between you and us and may not be contradicted by evidence of any alleged oral ale:merit. If any provision of this Agreement is he!d :a be invalid or unemorccable, you and we will consider that provision modified to conform to applicable lase, and the rest of the provisions in the Agreement'. vi ll still Se emoreable. We may transter or assign our right to all or some of your payments. If Sate law requires dial you receive notice of such an event to protect: he put:teaser or assignee, we may give you such notice by filing a financing statement with she notes Secretary of State. Credit Reporting. If you tail to Ufill the terms ofyourrdit obligation, a negative credit repot, an cut credit record may be submitted to a credit reporting agery. In order :o dispute any information we arc r:pcring about your Account, you auv %%n:e ;o us it the following address. First Select Corporation. ?.0. Box 9104. Pleasanton, California, 945oo. YOUR BILLINC RIGHTS -KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our, aponsibilitia under the Fair Ciadi: Billing Act. Notify Us In Case or Errors or Questions About Your Bill If you think vour bill is wrong, or if you need more information about an entry on vour bill, write us. on A separate sheet at the following address: First Select Corporaian. P.O. Box 9104, Pleasanton, CA 94566. Write to us as seen as pautble. We must )tear spm you no later than 60 days after we sent you the fins bill on which the eror ar problem appeared. You can telephone us, but doing so will not preserve your n2ato. In your letter, give us the following: • Your name and Account number. • The dollar amount of the suspected error. • Describe the error and axpfabt if you can, why you believe there is an error. If you need more u ormat:en. dacrihe the item [mu are not sure about. Your Rights and Our Responsibilities After We Receive Your Written Notice We mus, acknowledge your letter within 30 days, unless we have ;Craved Lhe error by then. Within ;0 .d=ays. we must either correct the error or explain why we believe the bill was cored After we receive your fear., we carrot try to reflect or repair you as delu%cu:ni as to any amount you question, including finance charges. We can apply any unpaid amount agairct your Tcdh line. You do not have to pay any quevicred amcurt while we are inveSiganng, but you are still obligated to pay the pars of the bill that are rot in question If u: find that we made a mistake on your bill, you will rot have to pay any finance charge relied w any questioned amount. If we did net make a mistake, you may have to pay finance charges, and you will have to make up the rtissed payments on the questioned a:.cunt. In rather cue, we ••dll send you a statement of the amount you owe and the date that it is due. (f you fail to pay the amount we think you owe, we ma, rear, you as delinquent. However, dour explanation does not situ,. you and you write to us within 10 days telling us that you still refuse to pay, "must e(I an•.crc ,e report you to that you question your bill. And we must fell you the name of anyone we reported you to. we must tell anyone we report you to at ue matter has been settled bcr.veen us when it finally is. If we do not follow these rules, we cannot collect the first 550 of the questioned amount even if your bill vs are:. Special Rule for Credit Card Purehmes if you have a problem with the quality of goods and icr.ic:s that vou purchased with your CHASE .zed:t :arc md'mu have tried in go-,d faith to are.t tau problem with the merchant. you may not have to pay the rcmaming anaunt Cue on the ;eadt tar hen.a :-tor. t uc acre timitatiuns to this mgld. (a'i You must have mace the purchase in your home rate or, it set within your home state. within ICU miles of.air.:cr.:nt mailing address: and (b) the purchase price must have been more than S50. These limitations do not apply ti either tae or CHASE own or operate the mr. e:-_.t.:r dwe ur CHASE mailed ieu the idvennement for the propcry or services. n \Cj ?v FIRST SELECT CORPORATION, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V NO. 99 - 6745 CIVIL TERM RICHARD L. FORNEY, DEFENDANT DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant, Richard L. Forney, by and through his attorney, Thomas D. Gould, and files the following answer tv plaintiff's complaint and avers: 1. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Strict proof is demanded. 2. Denied. Defendant's mailing address is 1.779 Main !;i.reolt (Lisburn), Mechanicsburg, Pennsylvania 17055. 3. Denied that defendant is indebted to plaintiff. Denied that defendant made any charges or cash advances to plaintifI credit account or credit card. Strict proof is demanded. 4. Denied that the document identified as exhi.bii. A ie: a true and correct copy of the terms of any alleged contract, agreement or account between plaintiff and defend.,nt.. fli.rit=l proof is demanded. 5. Denied that defendant has failed to pay any anuxutt: due t° plaintiff. Denied that defendant has any account agreement with plaintiff. Denied that defendant has agreed to ?),ry plaintiff. Strict proof is demanded. r7 c 6. Denied that defendant is indebted to plaintiff. Denied that defendant owes plaintiff $3,726.09 as of 07/22/99. Denied that interest at the rate of 24.00% per annum on any outstanding balance is due. Strict proof is demanded. 7. Denied that plaintiff is entitled to reasonable attorney fees. Rather the documentation states that the prevailing party is entitled to attorney fees. Admitted that if plaintiff is the prevailing party and if the documentation applies $795.00 is a reasonable fee for the legal services that plaintiff will have incurred through judgment. COUNT II 8. Defendant hereby incorporates the answers he provided in paragraphs 1-7 as set forth above. 9. Denied that defendant received any monetary benefit from plaintiff. Strict proof is demanded. 10. Denied that defendant accepted benefits from plaintiff. Strict proof is demanded. 11. Denied defendant knowingly requested funds from plaintiff. Denied that defendant knowingly/voluntarily accepted benefits from plaintiff. Strict proof is demanded. 12. Denied that defendant retained benefits from plaintiff. Denied that if plaintiff did retain benefits from plaintiff that he failed to repay plaintiff for the value of the benefit. Strict proof is demanded. WHEREFORE plaintiff's complaint should be dismissed. Respectfully submitted, //li m•v? U. ;"I Thomas D. Gould Attorney for Plaintiff I.D. 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made in this Answer to plaintiff's complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: Richard L. Forney FIRST SELECT CORPORATION, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99 - 6745 CIVIL TERM RICHARD L. FORNEY, DEFENDANT CERTIFICATE OF SERVICE AND NOPI, this It day of December 1999, I, Thomas D. Gould, Esquire, Attorney for Defendant, Richard L. Forney, hereby certify that I have this day sent a copy of Plaintiff's Answer to Plaintiff's Complaint by depositing a copy of it in the United States mail, postage prepaid, addressed to: VALERIE ROSENBLUTH PARK, ESQUIRE 25 EAST STATE STREET P.O. BOX 1779 DOYLESTOWN, PA 18901 DATED Thomas D. Gould, Esquire ID # 36508 2 E. Main Street Shiremanstown, PA 17011 (717) 731-1961 a AF Cl C,j 1 ? ?I 1 L 1-- 1. SHERIFF'S RETURN - REGULAR CASE NO: 1999-067,5 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORP VS. FORNEY RICHARD L SHAPIN HARRISON , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to lacy, says, the within COMPLAINT was served upon FORNEY RICHARD L the defendant, at 1827:00 HOURS, on the 12th day of November 1999 at 1779 MAIN STREET FLOOR 2 MECHANICSBURG, PA 17055-5946 CUidBERLAND County, Pennsylvania, by handing to RICHARD FORNEY a true and attested copy of the COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge f, -0 So answers : Sworn and subscribed to before me this ILI day of 19 !j A. D. C1 o 18.00 ,x- 9.30 .00 8.00 ?<: iihoinas hirnenerilr ?-5.-11/15LAW ASSOCIATES by eou r 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 RICHARD L FORNEY Defendant NO. 99-6745 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 May 23, 2002 she served a true and correct copy of Petition for Appointment of Arbitrators by mailing the same by regular mail, postage paid, to the person(s) and at the address(es) set forth below: Thomas D Gould, Esquire 2 E Main St Shiremanstown, PA 17011 PARK LAW ASSOCIATES, P.C. BY: Ll? VALERIE ROSENBLUTH PARK Attorney for Plaintiff /?-g lz? _ J ,a Q1 U O U Y FIRST SELECT CORPORATION VS. RICHARD L. FORNEY IN THE COURT OF COMMON PLe-AS OF CUMBERLAND COUNTY; VEN14SYLVA14IA N0. 6745 CIVIL lq 99 RULE 1312-1, The Petition for Aooointment of Arbitrators shall be substantially in the following form; PETITION FOR APPOINtIENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: VALERIE ROSENBLUTH PARK, ESQUIRE , counsel for the plaintiff/999NMt in the above action (or actions), respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $J.087,67 The counterclaim of the defendant in the action is N/A The following attorneys are interested in the case(s) as counsel or are other- wise disqualified to sit as arbitrators: ROBERT E. ANGST. ESQUIRE WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. Resp ctfully submi a, ALERI BLUTH PARK, ESQUIRE O PARK LAW ASSOCIATES, P.C. RDER OFCOURT AND foregoing petition, Esq., and above-captioned action (or ac :.(IO z AXlx?1,1 nXl.t..?. l?clt+?. 4•a.a_ ?? in consideration of the Esq., Esq., are appointed arbitrators in the as prayed for. By the Co , C P. J. '?. CJ 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 RICHARD L FORNEY Defendant NO. 99-6745 PRAECIPE TO VACATE BOARD OF ARBITRATORS TO THE PROTHONOTARY: Kindly Vacate the Assignment of the Board of Arbitrators in the above-captioned matter. PARK LAW ASSOCIATES P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE [r C) ur?? ;O 11., _ J C! _J YmY?M6fR' 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 RICHARD L FORNEY Defendant NO. 99-6745 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 August 14, 2002 she served a true and correct copy of Praecipe to Vacate Board of Arbitratorsby mailing the same by regular mail, postage paid, to the person(s) and at the address(es) set forth below: Thomas D Gould, Esquire Attorney for Defendant 2 E Main St Shiremanstown, PA 17011 Donald R. Dorer, Esquire Chairman of Arbitration Panel 214 Senate Avenue, Suite 503 Camp Hill, PA 17011 PARK LAW ASSOCIATES, P.C. BY: / VALERIE ROSENBLUTH PARK Attorney for Plaintiff ?. «? =_ .. ' ;..: _. =? ;, .. ?? ` _ L. I ? ! V] )._ c?_ J VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. 472094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF i CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC Plaintiff VS RICHARD L FORNEY Defendant NO. 99-6745 PRAECIPE TO DISCONTINUE 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 SENBLUTH PARK, ESQUIRE t r, !? SJ i' + - ?_ _? _ ; . ?, ?:.. ?? ?: ? ?_ i _ t_ U: .i ?J .'? .? V FIRST SELECT, INC V. RICHARD L. FORNEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6745 IN RE: APPOINTMENT OF ARBITRATORS ORDER OF COURT AND NOW, August 30, 2002, Donald R. Dorer, Esquire, having previously been appointed as chairman of the arbitration panel in the above matter and having learned that the case was withdrawn, the panel of arbitrators previously appointed is vacated, and Attorney Dorer is awarded the sum of $50.00. By the Court, Court Administrator Donald R. Dorer, Esquire Chairman Jeanne Costopoulos, Esquire David Galloway, Esquire Valerie Rosenbluth Park, Esquire For the Plaintiff - zoffln - Ge g . H ff p.J. r ?.<; nv? i..C n%. 03- v.2 Thomas Gould, Esquire For the Defendant 0. DONALD R. DoRER GIRdROP RIcBARDs- ATIORNIYs 'CERTIFIED CIVIL TRIAL ADVOCATE NATIONAL BOARD OFTRIALADV'OCACV REFER To: The Honorable George E. Hoffer Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 JACOBS & SARA (NOEA PARTNF.RAllu9 214 SENATE AVENUE SUITE 503 CAMP MILL, PA 17011 (717) 731.(1'988 August 27, 2002 Re: First Select Corporation vs. Richard L. Forney Cumberland County: No. 99-6745 Dear Judge Hoffer, F.IC: (717) 731.11987 TUD (8()11) 622-2421 DENISEN HAUFFMAN, PARALEGAL By Order of the Court dated June 20, 2002, I was appointed to serve as chairperson on the Arbitration Panel in the above matter. Although ihere was some delay in my receiving notification of my appointment until almost mid-July, 2002, I immediately began the process of communicating with counsel for the parties, and other arbitrators, to schedule a hearing in this matter. During the course of this process, I was informed by counsel for the Plaintiff that the case was going to be withdrawn, and that the Petition for Appointment of Arbitrators would be vacated, and Plaintiff's counsel has recently filed the necessary documents with the Prothonotary's office to confirm the closing of this matter on the Court docket. It will therefore be unnecessary for me to schedule a hearing in this matter at this time. The further attention of the Court to this matter is most appreciated. DRD:dek c: Valerie Rosenbluth Park, Esquire Thomas Gould, Esquire Jeanne Costopoulos, Esquire David Galloway, Esquire 1 cerely y p urs, -Donald R. Dorer I;m loVeas of Nalionaide,& Mutual Illsumnce Cam ?nV ne1ldAmm • Camp I lilt • Conshohocken • Du)1?sloen • Grernshurg • I'hilndelphia • Plains • ll'cNforJ i i? 'r 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 CORPORATION Plaintiff vs. RICHARD L FORNEY Defendant NO. 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 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 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 CUMBERLAND COUNTY OF COMMON PLEAS FIRST SELECT CORPORATION 5040 JOHNSON DRIVE PLEASANTON, CA 94566 PLAINTIFF VS RICHARD L FORNEY 1779 MAIN STREET FLOOR 2 MECHANICSBURG, PA 17055-5946 DEFENDANT NO. 9 9- G Ply 0- CIVIL ACTION 1. FIRST SELECT CORPORATION, an organization domiciled at 5040 JOHNSON DRIVE, PLEASANTON, CA 94566, and existing under the laws of the United States of America, is the owner of a credit account opened at the request of the Defendant. 2. The Defendant is RICHARD L FORNEY, an individual who resides at 1779 MAIN STREET, MECHANICSBURG, PA 17055-5946. 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 4168100002700316. 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 $3,726.09 as of 07/22/1999, 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 $745.00. 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 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 CORPORATION, and against the Defendant in the amount of $3,726.09, plus pre-judgment interest at the contractual rate of 24.00% per annum from 07/22/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $745.00, 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. VERIFICATION if SUSAN M. MIGHT , declare: I am a designated agent of FaT,of Sn9sc l r„?. A in the above entitled 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. Section4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. CALIFORNIA 1999 at SUSAN ' WRIGH?° , Designated Agent Executed this day of ALAMEDA county, in the state of FIRST SELECT CORPORATION RICHARD L FORNEY 4168100002700316 929111-1 I R ST SELECT ACCOUNT AGREEMENT Your CHASE account has been transferred to First Select Corporation. Your CHASE account was dosed at the time of this transfer. and will therefore continue to be closed. This Account Agreement contains the terns that govern your First Select account (the "Account'). 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 CHt1SE. If the Account was opened as ajoint account, we may act on the instructions of any joint accountholder. Payments / 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 will be calculated as disclosed in your most recent CHASE account terms (the "Original Terms"). If your Original Test provided for different Annual Percentage Rates to be applied to different components of vour 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. 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 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, or the maximum returned check charge permitted by the law of your state of residence, whichever is lower. To the extent provided in your Original Terms, and to the extent permitted 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 Terms 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 of any provision of this Agreement without losing our right to enforce it or any other provision later. 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 Original Terms. If your Original terms did not contain an applicable law provision, then this Agreement and your Account are governed by federal law and the law of your state of residence. 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 provision of this Agreement is held to be invalid or unenforceable, you and we will consider that provision modified to conform to applicable law, and the rest of the provisions in the .4greement will still be enforceable. We may, transfer or assign our right to all or some of your payments. If state 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. 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 your Account, you must wnte to us at the following address: First Select Corporation. P.O. Box 9104, Pleasanton, California, 94566. YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FLTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act Notify Us in Case of Errors 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, at the following address: First Select Corporation, P.O. Box 9104, Pleasanton, 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. If you 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 explain why we believe the bill was correct. After we receive your letter, we cannot try to collect or report you as delinquent as to any amount you question, including finance charges. We can apply any unpaid amount 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 bill that are not in question If we find that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount If we 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 due. If you fail to pay the amount we think you owe, we may report you as 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 anyone we report you to that the matter has been settled between us when it finally is. If we do not follow these rules, we cannot collect the first S50 of the questioned amount even if your bill was correct. Special Rule for Credit Card Purchases 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, if not within your home state, within 100 miles of your current mailing address; and (b) the purchase price must have been more than S50. These limitations do not apply if either we or CHASE own or operate the merchant, or if we or CHASE mailed you the advertisement for the property or services. Z590 C , • ( )ter l cr) r.. ?J 6 FIRST SELECT CORPORATION, PLAINTIFF V. RICHARD L. FORNEY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 6745 CIVIL TERM DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT AND NOW comes the Defendant, Richard L. Forney, by and through his attorney, Thomas D. Gould, and files the following answer to plaintiff's complaint and avers: 1. Denied. After reasonable investigation the defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. Strict proof is demanded. 2. Denied. Defendant's mailing address is 1779 Main Street (Lisburn), Mechanicsburg, Pennsylvania 17055. 3. Denied that defendant is indebted to plaintiff. Denied that defendant made any charges or cash advances to plaintiff's credit account or credit card. Strict proof is demanded. 4. Denied that the document identified as exhibit A is a true and correct copy of the terms of any alleged contract, agreement or account between plaintiff and defendant. Strict proof is demanded. 5. Denied that defendant has failed to pay any amount due to plaintiff. Denied that defendant has any account agreement with plaintiff. Denied that defendant has agreed to pay plaintiff. Strict proof is demanded. 6. Denied that defendant is indebted to plaintiff. Denied that defendant owes plaintiff $3,726.09 as of 07/22/99. Denied that interest at the rate of 24.00% per annum on any outstanding balance is due. Strict proof is demanded. 7. Denied that plaintiff is entitled to reasonable attorney fees. Rather the documentation states that the prevailing party is entitled to attorney fees. Admitted that if plaintiff is the prevailing party and if the documentation applies $745.00 is a reasonable fee for the legal services that plaintiff will have incurred through judgment. 8. Defendant hereby incorporates the answers he provided in paragraphs 1-7 as set forth above. 9. Denied that defendant received any monetary benefit from plaintiff. Strict proof is demanded. 10. Denied that defendant accepted benefits from plaintiff. Strict proof is demanded. 11. Denied defendant knowingly requested funds from plaintiff. Denied that defendant knowingly/voluntarily accepted benefits from plaintiff. Strict proof is demanded. 12. Denied that defendant retained benefits from plaintiff. Denied that if plaintiff did retain benefits from plaintiff that he failed to repay plaintiff for the value of the benefit. Strict proof is demanded. WHEREFORE plaintiff's complaint should be dismissed. Respectfully submitted, Thomas D. Gould Attorney for Plaintiff I.D. 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made in this Answer to plaintiff's complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: 2 De«• dP? 1999 ?c?f j card L. Forney FIRST SELECT CORPORATION, PLAINTIFF V. RICHARD L. FORNEY, DEFENDANT IN THE COURT OF COMMON PLEAS CUM ERLAND COUNTY, PENNSYLVAN NO. 99 - 6745 CIVIL TERM CERTIFICATE OF SERVICE AND NOW, this -2" day of December 1999, I, Thomas D. Gould, Esquire, Attorney for Defendant, Richard L. Forney, hereby certify that I have this day sent a copy of Plaintiff's Answer to Plaintiff's Complaint by depositing a copy of it in the United States mail, postage prepaid, addressed to: VALERIE ROSENBLUTH PARK, ESQUIRE 25 EAST STATE STREET P.O. BOX 1779 DOYLESTOWN, PA 18901 DATED -j-X-. b. "tr.Csr Thomas D. Gould, Esquire ID # 36508 2 E. Main Street Shiremanstown, PA 17011 (717) 731-1461 WG-. ? :`1 r btu C..1 LLIM ^" w LJ2 LL- 0 rn :D U SHERIFF'S RETURN - REGULAR CASE NO: 1999-06745 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORP VS. FORNEY RICHARD L SHAWN HARRISON Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT was served upon FORNEY RICHARD L the defendant, at 1827:00 HOURS, on the 12th day of November 1999 at 1779 MAIN STREET FLOOR 2 MECHANICSBURG, PA 17055-5946 ,CUMBERLAND County, Pennsylvania, by handing to RICHARD FORNEY a true and attested copy of the COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: 18.00 9.30 00 8.00 omas ine, eri $3.5?- PA11/15/1999 A by 2 - - J I L Sworn and subscribed to before me this /3" day of 19 f47 A.D. rotnon-oza 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 RICHARD L FORNEY Defendant NO. 99-6745 CERTIFICATE OF SERVICE Valerie Rosenbluth Park, Esquire certifies t for the above named Plaintiff in the instant 23, 2002 she served a true and correct Appointment of Arbitrators by mailing the postage paid, to the person(s) and at the below: hat she is the attorney action and that on May copy of Petition for same by regular mail, address(es) set forth Thomas D Gould, Esquire 2 E Main St Shiremanstown, PA 17011 PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK Attorney for Plaintiff ? ? o 'p (jl ? _9- Z A? .: ?. _. !. r s -? c 'l ?_; ..1 ?' l .. ?=1 ? = rn ? FIRST SELECT CORPORATION VS. RICHARD L. FORNEY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY; PENNSYLVANIA NO. 6745 CIVIL i9 99 RULE 1312-1, The Petition for appointment of arbitrators shall be substantially in the following form: PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: VALERIE ROSENBLUM PARK, ESQUIRE counsel for the plaintiff/a;*j14r'g2gjt in the above action (or actions), respectfully represents that: 1. The above-captioned action. (or actions) is (are) at issue. 2. The claim of the plaintiff in the action is $_7.087.67 The counterclaim of the defendant in the action is N/A The following attorneys are interested to the case(s) as counsel or are other- wise disqualified to sit as arbitrators: ROBERT E. ANGST. ESQUIRE WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case shall be submitted. RZERI tfully submi a, _kWW QBLUTH PARK, ESQUIRE OR PARR LAW ASSOCIATES, P.C. DER OF CO RT AND NOW, in consideration of the foregoing petition, Esq., ivix p?/ "%tvf??? Esq., and ,Esq., are appointed arbitrators in the above-captioned action (or actions) as prayed for. By the Co P. J. a? (D -TI C v1z' cs ,r X145 --,av r 1-:'= 7:1 f MiNVAlkMrAd ?. i :011E1 i,? 111 Gti7 4 FIRST SELECT, INC. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-6745 RICHARD L. FORNEY IN RE: APPOINTMENT OF ARBITRATORS ORDER OF COURT AND NOW, August 30, 2002, Donald R. Dorer, Esquire, having previously been appointed as chairman of the arbitration panel in the above matter and having learned that the case was withdrawn, the panel of arbitrators previously appointed is vacated, and Attorney Dorer is awarded the sum of $50.00. By the Court, Ge(kg-f off . H P.J. Court Administrator Donald R. Dorer, Esquire Chairman Jeanne Costopoulos, Esquire David Galloway, Esquire Valerie Rosenbluth Park, Esquire For the Plaintiff 9.03.0.2 (;Ll. Thomas Gould, Esquire For the Defendant bIE 1VATSMIld Sri 1I 0C Wv ZO ; Jo DoNALD R. DoRER GIRARD K RICKARDs• AwoRNEYs •CERTTFIED CWMTRULADVOCATE NATIONAL BOARD of TRIAL ADVOCACY REFER To: The Honorable George E. Hoffer Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: First Select Corporation vs. Richard L. Forney Cumberland County: No. 99-6745 Dear Judge Hoffer, FAx: (717) 731-0957 TDD (500) 622-2421 DENISE E. KAu"mAN, PARALEGAL By Order of the Court dated June 20, 2002, I was appointed to serve as chairperson on the Arbitration Panel in the above matter. Although there was some delay in my receiving notification of my appointment until almost mid-July, 2002, I immediately began the process of communicating with counsel for the parties, and other arbitrators, to schedule a hearing in this matter. During the course of this process, I was informed by counsel for the Plaintiff that the case was going to be withdrawn, and that the Petition for Appointment of Arbitrators would be vacated, and Plaintiffs counsel has recently filed the necessary documents with the Prothonotary's office to confirm the closing of this matter on the Court docket. It will therefore be unnecessary for me to schedule a hearing in this matter at this time. The further attention of the Court to this matter is most appreciated. JACOBS & SABA (Nor A PARTNERSHIP) 214 SENATE AVENUE SurrE 503 CAMP HILL, PA 17011 (717) 731-0955 August 27, 2002 PD urs orer DRD: dek c: Valerie Rosenbluth Park, Esquire Thomas Gould, Esquire Jeanne Costopoulos, Esquire David Galloway, Esquire Employees ofNationwide® Mutual Insurance Company Bethlehem • Camp Hill • Conshohocken • Doylestown • Greensburg • Philadelphia • Plains • Wexford 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 RICHARD L FORNEY Defendant NO. 99-6745 PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly Withdraw the above captioned matter without prejudice upon payment of your costs. PARK LAW ASSOCIATES P.C. BY: ? /L? VALERI SENBLUTH PARK, ESQUIRE c a ? T ,G -T' r,; [.) T J?-(? Jsr7 C ? ca c