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HomeMy WebLinkAbout99-07404i a 1 VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 16901 (215) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST SELECT CORPORATION Plaintiff HOC- MV VS. ( 7 PAUL B. GRIGG 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 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 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 COURT OF COMMON PLEAS FIRST SELECT CORPORATION 5040 JOHNSON DRIVE PLEASANTON, CA 94566 PLAINTIFF VS PAUL B. GRIGG 1400 CONCORD ROAD MECHANICSBURG, PA 17055-1956 DEFENDANT NO. y? 7 ?? lux CIVIC ON 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 PAUL B. GRIGG, an individual who resides at 1400 CONCORD ROAD, MECHANICSBURG, PA 17055-1956. 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 4168100003534250. 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 pre-judgment re fcoin the ntractualuinterest $8,892.51 as of 08/21/1999, p at the rate of 13.43% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $1,778.00. COUM II 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. . The Defendant received a monetary benefit, which was in fact 9 appreciated by the Defendant. 10. The Defendant accepted the benefits. at ssue 11. By virtue of the circumstances urroundinthehfundsuestifor funds made, the Defendant knowingly requested and/or knowingly and voluntarily accepted the benefits bestowed. 12. It would be inequitable for this Court to allow the Defendant to retain the be-nefits of the funds or to be unjustly enrich the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the the value of same. 1 WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT CORPORATION, and against the Defendant in the amount of $8,892.51, plus pre-judgment interest at the contractual rate of 13.43% per annum from 08/21/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,778.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALERIE P.OSENBLUTH 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 I, HFATHER KOOREMAN , declare: I am a des4.gnated agent of FIRST SELECT CORPORATION, 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 this day of 1999 at Alamedia County, in the State of California. FIRST SELECT CORPORATION PAUL B. GRIGG 4168100003534250 929786-1 I) i Designated Agent "- " FIRST SELECT EXHIBIT C 0 R P 0 R A T 1 0 N A ACCOUNT AGREE-MEVT Your FLEET BANK account has been irtsFemcd it, First Sleet Corporation. Your FLEET BA.N% account you closed at the time urthis trusser, and will therdurc continue to be closed this Account Agreement contains the arms that govem your First Select ac:oum(the "Account"). In this Agreement -you" and 'your mean each person who is liable for payment on the Amount "W4," "our; "ours," and "us" mean Fin: Select Corporation or its ussignen Beast your Accaunt has been iravsfisrred to us, you arc now obligated to repay the Aeeaunt to us instead of FLEET B?SK. tribe .account was opened as ajoint account. vye may act on the instructions of any joint accountholder. Payments/ Flnunce Chia"". 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 avenge daily balance an vaur.Account by adaily periodic rate. The daily9driadtc rate we apply rs wur.4ccounrs Annual Percentage Rate divided by 363. The Annual Percentage Rate will be calculited as disclosed in vour most rseent FLEET BANK account iemss (the "Original Tervo'). If your Original Terms provided for diScrmt Aruual Percentage Rues to be applied to dif@nrt mmponcnis oryour outstanding balance, we will apply the lowest such Annual Percentage Rate to your entire outstanding balance, We may accept lute or partial payments, or payments marked 'paid in full' or marked with other restriction withaut losing our right to collect all =aunts owing under this Agmement Fen We will charge your.Aceaunt a fee for each billing cycle within which vour Account is delinquent (late charge). The amount of the late charge will be u disclosed in your Original Terms or the maximum We charge permitted by dire law of your state of residence. whichever is lower. We will charge your Account a Its far each reamed payment check (resumed check charge). The amount of the resumed check charge will be as disclosed in your Original Terms, or the nuximum returned check charge pertained by the law of your state of raidenee whichever is lower. To the extent provided in your Original Tema, 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 anomeyi fm and courtcosts If your Original Tams provided for an award of anomeyi fees and court costs. such pr„visiun u incorporated herein thalt apply reciprocally to the prevailing'party in any lawsuit arising out of this Agnement Non-Waiverof Ceruln Rlghn. We may delay or waive enfareemrntaFmy provision ofthis Agreemmt without losing our right to enforce it oranyotha provision later. Appllnble Law,ScyembNty:Amignment No mater where you live this Agreement and yourArnuntan governed by federal law and by the law of the state designated as the applicable law in your Original Tema. If nor 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 fatal expresian of the agreement between You and mud may not be vrontradicted by evidence of any alleged and agreement. If any provision of this Agreement is held to be invalid or unenforceable, }eons and we will consider that provision modified to conform toapplieable law, and the rest of the provisions in the Agreement will still be enforceable. We nary transfer ar assign our right to all araome of Xour pnymmts. If state taw requites that you receive notice of such an avert to protect the purchaser or assignee, we may give You such notice by filing a Fmminng statement with the states Secretary of State. Credit Reporting. If you fail to fulfill the terms of your credit obligation, a negative credit report reflecting an your credit record may be submitted to a credit reporting agency. In order to dispute any inliam ion wean reporting about your Account you most arise m us at the fallowing address: Fm Selcet Corporal iott P.O. Box 9104, Pleasanton. California. 94566. YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FLTURE USE This notice contains important in$rmation about your rights and our resposibilities under the Fair Credit Billing Act Votary Us In Case or Errors or Questions About Your BOl If you think your bill is wrong, or if you need mare information about an entry an vour bill, carte tat, on a separate sheet u the following address: First Select Corporation, P.O. Box 9L04, Piea..mon, CA 94566. Write to us as soon u possible. We must hear from you no later than 60 days after we sent you the fist bill on which the error or problem appeared You ton telephone ut but doing so will not preserve your rights. In your letter, give us the following: • Your name and Account number. _ • The-dollar amount orthe suspected 4mar. • Describe the error and explain, if you cart, whey you believe there is an error. If you need more infarmuiom describe the item you ate rat sure about. Your Rights and Our Resposibilides After We Receive Your Written Nodiee We must acknowledge your Ieaer within 30 days, unless we have corrected the error by them Within 90 days. we most either corcct the erar or explain why we believe the bill was correct After we receive your fewer we cannot try to collect or report you as delinquett u to any amount you question. including Finance charges. Wean apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we arc investigating. but you ate still obligated to pay the puts of the bill that an not in question. Ef we find that we mule a mistake on your bill, you will not have to pay any fiance charge related to any questioned amount Uwe did rice make a mistake, you may have w pay finance charges, and you will have to nuke up the mused payments on the questioned amaunt In eitherau, we will send you a statement of the amount you awe and the date that it is due. tryout fail to pay the smaunt we think you owe. we may, report you as delinquent However, if our expleatim does not satisfy you and you write to s 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 vie reported you to. We most tell anyone we report You to that the maser his been sealed beiwem s when it finally ii If we do not follow those rules, we nstot collect the rust SSO omit questioned amount even iFyeur bill was come" Special Rule ror Credit Card Purchases If you have a problem with the quality or goods and services that You purchased with your FLEET B.1V K edit card and you have tried in goad faith to correct the pmblcm with the merchant you may not have to pay the remaining amount due on the goods or services There are tyro limitations to this right: (a) you must have made die purchase in your home sate or. Vice within your home state. within loo miles oryour current mailing address. and (b) die purchase price mot have been more than S50. These limitations do not apply ifeitherweur FLEET BA:NKovvnoruperaw themerhut, or irweur FLEET BANK mailed you the advertisement for the propvny or services. LLAI rV r Cl) M 1 ),ICI N Ci C' ) u `., Q 1,. m v ? 0 (l'J J? vv' :Fn -AID V W \ IN DIM, inc. t/d/b/a Superior Homes VS. Building Codes Board of Appeals of Upper Allen Township IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA )MO NO.99-7394 CIVIL TERM WRIT OF CERTIORARI COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND) TO: Building Codes Board of Appeals of Upper Allen Township. We, being willing for certain reasons, to have certified a certain action rior Hanes vs Building Codes Board of Appeals between DRB, Inc. t/d/b/a Supe of U r Allen TormsYu before you, do caTmand you that the record of the action aforesaid with pending all things concerning said action, shall be certified and sent to our judges of days of the date hereof, our Court of Comnon pleas at Carlisle, within Z together with this writ; so that we may further cause to be done that which ought to be done according to the laws and Constitution of this Commonwealth. WITNESS, the Honorable , 19 99 mber day of Dece t Carlisle, Pa., the 9th our said Court, a TWE COPY FFOr"q F ne d This ay ai?,;G Proihonotacy n _.i Prothonotary I - t Z 339 064 966 _ US Postal Service Receipt for Certified Mail No Insurance Coverage ProvidedBldg Codes on not usn Inr Intnmalinnal Mail /Sea reverse) • - i i Sentto o Appeals o Street & Eer 100 Gettysburg Pike Post Office. Slate. d 7JP Code Mechanicsbur , Pa. 17055-5 Postage $ Conified Fee Spedat Delivery Fee Restricted Delivery Fee Return Receipt Shoring to Whom d Date Defvemd Rehm Recepl SMeig tovow, Date. L Addressees Addess TOTAL Postage 8 Fees $ Posenark or Dale ut m w 6 G 0 w co 0 U) N Q. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DRB, INC. t/d/b/a SUPERIOR HOMES, Appellant V. BUILDING CODES BOARD OF APPEALS OF UPPER ALLEN TOWNSHIP, Appellee PRAECIPE No. 739y C?a;c?( 7;u Please enter the appearance of Melvin E. Newcomer, Esquire, and KLUXEN & NEWCOMER as attorney for DRB, Inc., trading and doing business as Superior Homes, in the above-captioned action. Please serve all papers at P. 0. Box 539, 339 North Duke Street, Lancaster, Pennsylvania 17608-0539. 1 To: Curtis R. Long Prothonotary Mej%rmn E. y?ewcofiner, ESguire Attorne o Appellant DRB, INC. t/d/b/a SUPERIOR HOMES Attorney I.D. No. 27605 P. O. Box 539 339 North Duke Street Lancaster, Pennsylvania 17608-0539 (717) 393-7885 BY Dated: kel L h ) lp of t?. _ I1J ? ? ^ } rli, ,'J SHERIFF'S RETURN - REGULAR CASE NO: 1999-07404 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORPORAITON VS. GRIGG PAUL S KENNETH GOSSERT , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within CIVIL ACTION was served upon GRIGG PAUL B the defendant, at 17:30 HOURS, on the 15th day of December 1999 at 1400 CONCORD ROAD MECHANICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to STEPHANIE GRIGG (DAUGHTER) a true and attested copy of the CIVIL ACTION together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So answers:i? Docketing 18.00 Service 8.68 2 Affidavit .00 Surcharge 8.00 omas ine; b eri $'3 -.68-PARK LAW ASSOCIATES 12/16/1999 / o by Sworn and subscribed to before me this /P C" day of 1p9_,2ov0 A.D.? ocruiLri- IN THE CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION, CIVIL DIVISION Plaintiff ' No. 99-7404 V. PAUL B. GRID Defendant NOTICE TO DEFEND ainst the claims set forth in the wish to defend ag complaint and Notice You have been sued in Court. If You days after this Comp following pages, You must take action?anc perssonally or by claims d set attorney and filiingt nou. are served, by entering a written appe without you and a r defenses writing with the Court you or objections to the forth ag money You are warned that if you fail to do so, the case may p rocee judgment may be entered against you by the Court without further d by notice f Plaintiff. You claimed in the Complaint or for any other claim or relief requeste may lose money or property or other rights important to you. YOU SHOULDTAKE THIS PAPER YOUR LAWYER AT ONCE. IF YOU DO NOT KNOW OR HAVE Lawyer Referral Service The Court Administrator ourthouse 4?h Floor Cumberland PA 17013 (717) 240-6200 O JURY TRIAL DEMANDED ON ALL COUNTERCLAIMS IN THE CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION, Plaintiff CIVIL DIVISION V. PAUL B. GRIGGS Defendant No. 99-7404 ANSWER AND COUNTERCLAIM AND NOW comes Defendant Paul B. Griggs, by and through his attorneys, Balaban & Lucas LLP and lodges the following ANSWER AND COUNTERCLAIM to Plaintiff's Complaint. ANSWER DENIED. Defendant is without sufficient knowledge or information at this time to form a belief as to the truth of the averments contained in paragraph one (1) of the Complaint. Said averments are therefore denied and strict proof thereof is demanded at trial. 2. ADMITTED. 3. DENIED. Defendant is without sufficient knowledge or information at this time to form a belief as to the truth of the averments contained in paragraph three (3) of the Complaint. Said averments are therefore denied and strict proof thereof is demanded at trial. 4. DENIED. Strict proof thereof is demanded at trial. 5. DENIED. Strict proof thereof is demanded at trial. 6. DENIED. Strict proof thereof is demanded at trial. 7. DENIED. Strict proof thereof is demanded at trial. 8. NO RESPONSE IS REQUIRED. 9. DENIED. It is specifically denied that the Plaintiff bestowed any benefit upon the Plaintiff, monetary or otherwise. Strict proof thereof is demanded at trial. 10. DENIED. It is specifically denied that the Plaintiff bestowed any benefit upon the Plaintiff, monetary or otherwise. Strict proof thereof is demanded at trial. 11. DENIED. Strict proof thereof is demanded at trial. 12. DENIED. Denied as a conclusion of law. By way of further answer, the Defendant re-alleges that the Plaintiff provided nothing to the Defendant. AFFIRMATIVE DEFENSES 1. LACK OF MEETING OF THE MINDS 1. Plaintiff and Defendant had no business dealings or contacts prior to the institution of this lawsuit. Plaintiff never agreed to advance credit and Defendant never agreed to utilize credit. II. LACK OF CONSIDERATION 2. Plaintiff, in fact, never advanced any credit and did not give anything of value to support any alleged agreement. 2 III. ACCORD AND SATISFACTION Plaintiff and Defendant have reached a settlement of this matter in which Joe Adkins of the Defendant agreed to accept $372.00 per month against the payment of $7,000.00 in principal balance in satisfaction of the claims set forth in the Complaint. WHEREFORE, Defendant respectfully requests that this court dismiss Plaintiff's Complaint as Plaintiff cannot maintain an action in contract or in quasi-contract without the elements of bargained for exchange and consideration. COUNTERCLAIMS 1. FAILURE TO STATE A CAUSE OF ACTION 1. The Complaint fails to state a claim upon which relief maybe granted because the agreement upon which it purports to be based is void and unenforceable as it violates the Pennsylvania Unfair Trade Practices and Consumer Protection Law (73 P.S. §§201-1 et. seg.). 2. The preprinted form fails to comport with numerous requirements of the Act including font, type size, headings, and language. Taken as a whole, it is unfair, fraudulent and deceptive. 11. CIVIL PENALTIES FOR THE AGREEMENT I. Pennsylvania appellate precedent provides that civil fines and penalties maybe imposed upon prevailing parties under the Pennsylvania Unfair Trade Practices Act and Consumer Protection Law. 2. The failure of the agreement upon which this action is based to comport with the standards under the Pennsylvania Unfair Trade Practices Act and Consumer Protection Law make this a proper case for the imposition of such civil penalties. III. CIVIL PENALTIES FOR ENFORCEMENT 1. To the extent that Plaintiff has actual knowledge through service of this Answer that the subject agreement fails to comport with the standards set forth in the Pennsylvania Unfair Trade Practices Act and Consumer Protection Law, Plaintiffs continued litigation of this matter, is, itself, an unfair, fraudulent and deceptive act and is subject to the separate imposition of civil penalties. WHEREFORE, Defendant respectfully requests the court to Order the imposition of civil fines and penalties in the amount of $10,000.00 for Count II and $10,000.00 for Count III plus attorney fees and costs as provided for in the Penns Ivania Unfair Trade Practices Act and Consumer Protection Law. I -? Date: 1 I 2-( 166 J Christopher Lucas I.D. 77903 Balaban & Lucas LLP 121 State Street Harrisburg, PA 17101-1028 717.232.3709 voice 717.232.3740 facsimile eslucas0obalabanlucas.com email Attorneys for the Defendant ,cca - 1 IN THE CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION, Plaintiff CIVIL DIVISION V. No. 99-7404 PAUL B. GRIGGS Defendant CERTIFICATE OF SERVICE 1, Christopher S. Lucas certify that this day I served upon the following persons this document in the manner indicated. BY FIRST CLASS U.S. MAIL Valerie Rosenbluth Park PARK LAW ASSOCIATES, P.C. 25 East State Street, P.O. Box 1779 Doylestow 1 Date: 1 (Z ( 10. Christopher Lucas I.D. 77903 Balaban & Lucas LLP 121 State Street Harrisburg, PA 17101-1028 717.232.3709 voice 717.232.3740 facsimile cslucas((Dbalabanlucas.com email Attorneys for the Defendant IN THE CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION, Plaintiff CIVIL DIVISION V. No. 99-7404 PAUL B. GRIGGS Defendant VERIFICATION I Paul B. Grigg, affirm that the foregoing ANSWER AND COUNTERCLAIM is true and correct to the best of my knowledge and belief, subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsifications to authorities. I ^ / - z 00 Date l l 2 l D Paul B. Grigg j ?? 1 i !i 1 ' t S?, E I ,l ` ?_ fl - CV I?_ t l b a u 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 CORPORATION Plaintiff VS. PAUL B. GRIGGS Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 99-7404 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 March 2, 2000, she served a true and correct copy of Plaintiff's Response to Defendant's Affirmative Defenses and Counterclaim by mailing the same by regular mail, postage paid, to the person and at the address set forth below: Attorney for Defendant Christopher Lucas, Esq. Balaban & Lucas LLP 121 State Street Harrisburg, PA 17101-1028 PARK LAW ASSOCIATES, P.C. BY: VALE ROSENBLUTH PARK, ESQ. ATTO EY FOR PLAINTIFF C, ttu U o 1 .t I! 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 CORPORATION Plaintiff VS. PAUL B. GRIGGS Defendant CUMBERLAND COUNTY COURT OF COMMON PLEAS N0. 99-7404 PLAINTIFF'S RESPONSE TO DEFENDANT'S AFFIRMATIVE DEFENSES AND COUNTERCLAIM PLAINTIFF'S RESPONSE TO AFFIRMATIVE DEFENSES 1. Denied. The allegations contained in this paragraph are Conclusions of Law to which no response is required under the Rules of Civil Procedure. By way of further answer, strict proof thereof is demanded at the time of Trial. 2. Denied. The allegations contained in this paragraph are Conclusions of Law to which no response is required under the Rules of Civil Procedure. By way of further answer, strict proof thereof is demanded at the time of Trial. PLAINTIFF'S RESPONSE TO DEFENDANT'S COUNTERCLAIM COUNT I 1. Denied. It is specifically denied that the Agreement is unenforceable or that it violates Pennsylvania Unfair Trade Practices and Consumer Protection Law. Strict proof thereof is demanded at the time of Trial. M I 2. Denied. The allegations contained in this paragraph are Conclusions of Law to which no response is required under the Rules of Civil Procedure. By way of further answer, strict proof thereof is demanded at the time of Trial. COUNT II 1. Denied. The allegations contained in this paragraph are Conclusions of Law to which no response is required under the Rules of Civil Procedure. By way of further answer, strict proof thereof is demanded at the time of Trial. 2. Denied. The allegations contained in this paragraph are Conclusions of Law to which no response is required under the Rules of Civil Procedure. By way of further answer, strict proof thereof is demanded at the time of Trial. COUNT III 1. Denied. The allegations contained in this paragraph are Conclusions of Law to which no response is required under the Rules of Civil Procedure. By way of further answer, strict proof thereof is demanded at the time of Trial. Respectfully submitted, PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQ. COMMONWEALTH OF PENNSYLVANIA COUNTY OF BUCKS 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. 1 r, } O% - M + u C [^• 1` CL. Lt' :ice j U CJ -.OW %•,. JUN 2 0 2001`// VALERIE ROSENBLUTH PARK, ESQUIRE ATTORNEY I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street (215)34875200 Doylestown, PA 18901 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS FOR THE COUNTY OF CUMBERLAND FIRST SELECT CORPORATION Plaintiff VS. PAUL B. GRIGG NO. 99-7404 Defendant ORDER i&^? -j AND NOW, to wit, this clay of -n?? 2001, upon presentation of the attached Stipulation for Judgment and upon Motion of Valerie Rosenbluth Park,. Esquire, attorney for the Plaintiff, and Christopher S. Lucas, Esquire, attorney for the Defendant, the Stipulation and Settlement Agreement is hereby approved and made an Order of the Court. BY T CO J. ?03 a 01 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 IN THE COURT OF COMMON PLEAS FOR THE COUNTY OF CUMBERLAND FIRST SELECT CORPORATION Plaintiff VS. , PAUL B GRIGG NO. 99-7404 Defendant STIPULATION AND SETTLEMENT AGREEMENT AND NOW, this day of /aC, 2001, it is stipulated by and between Valerie Rosenbluth Pa Esquire the attorney for Plaintiff, and Christopher S. Lucas, Esquire attorney for Defendant, and the parties hereto, through their counsel, have consented to this Stipulation and the parties agree as follows: 1. Settlement has been agreed upon by both parties in the sum of $11,200.00 in 14 monthly installments of $800.00 due on or before the 20th of each month upon filing of this Stipulation and Settlement Agreement. 2. Payments will be due at the address set forth below on or before the 20TH of each month beginning March 20, 2001; P.O. Box 1779 Doylestown, PA 18901 3. Defendant will make checks/money orders payable to: "Park Law Associates, P.C." as attorneys for FIRST SELECT CORPORATION, and mail the checks/money orders to the address set forth above. 4. Defendant will make monthly payments in the sum of $800.00 per month; 5. Time shall be of the essence so that in the event Defendant does not make any of the requested payments in a timely manner, this Stipulation shall be deemed to be in default and Plaintiff may proceed to file judgment against Defendant for the remaining unpaid balance upon the CONDITION that Defendant does not cure the default within twenty (20) days. Park Law Associates, P.C. Paul B. Grigg hereby acknowledges that I have received a true and correct copy of the Stipulation, ratify same, have had opportunity to consult an attorney, and execute this Stipulation willingly, and knowingly, thus that it shall be made an order of Court. Pau B. Grigg DEFENDANT \ a E-3 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ATTORNEY FOR DEFENDANT A,.. _ .. JUN 14 C') -. •C JJ ? A ;4 201 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 COUNTY: COURT OF COMMON PLEAS FIRST SELECT, INC Plaintiff VS PAUL B. GRIGG Defendant NO. 997404 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 n - - r rn;,. , - C/I- cl: L tF- ern