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Home My WebLink About01-7111VD~LERIE 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 Defendant NOTICE NO. O l - z71/I 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. 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 VS PLAINTIFF ROGER LEE NULL 249 FLIRNARI AVE JOHNSTOWN, PA 15905-9545 DEFENDANT 1. The Plaintiff, CIVIL ,ACTION 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. 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. 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. ~ INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~USAN COWHERD VERIFICATION Date Designated Agent I, , 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. 5040 JOHNSON DRIVE P.O. BOX 9104 PLEASANTON, CA 94566 888-964-4000 FtRST SELECT C O R P O R A T 10 N ACCOUNT AGREENtENT Your DISCOVER account ban been tramforred to First Select Corporation. Your DISCOVER account was closed at the time ot'this transfer, and will therefore continue :o be closed. This Account Agrnement contaim the terms that govern your Fh'~t Select a~:ount (the "Acconnt"). in this Agreement, "you" and "your'' mean each person who i~ liable fur payment on the Account. "We," 'cur," "ou~," and "us" mean First Select Corporation ct its aasigoass. Because your Account has been lransf'erred to us, you are now obligated to repay the Account to us instead ct DISCOVER. I.fthe Account was opened aa a joint account, we may act on the instructions otany joint accouraholder. Payments / Finance Charges. As Ion& as you have a balance outsumding on your Acuount, finance charges are calculated as follows: To figure the Finance charges .for each billing cycle, we multiply the average daily balance on your .4amount by a dailit periodic rate. Tl~e daily periodic rate we pply ~s your .~. o~un, ~t's...4~, ~u~l Perch.an?.? Ra~ dived ,cd, by 365. Thc Annual Percentage Rate vnll be calculated as disdio~--d in your must recent DISCOVE _.a~..o_m2t~ (,?c 'ori~ t ,erimj? ,Il your un~ '.gi~ t ,e~ns_ pmvidod_t'or different Ann. ual Peru ..m~age R~,,', to be applied to different components ct'your R uu~ummn~ oamnce, we wm apply me lowe~ cuon oamuai rercantage t~ate to your entire out..qanding balance. We may accept late or parti~ payments, or paymunts marked "paid in fill" or marked with other restrictions, without losing our right te collect all amounts owing under this Agreement. Lc ece~'osegd/e. will cha,,r~ g.e .Y° ,uLAcuount.,~ too f°.r. each .bi!lin.g q'ci'.e wi .d}in .w.hlch yo, ur Ac.c. cunt a delhxlu?.t (laze c.har, ge)..The amount o.t the laze chargo will be as tn your ~ngmai ~erms ur toe maxunum la~ coargo perrouted I~' [he ~&w ozyour rate o.fresldenne, whichever ~s lower. We will charge your Account a fee for each returned paSanent check (returned check charge). The amount of Ibc remmnd check cherga will be as disclosed in your Otiginnl Tonm, or the ma:dmum returned check charge permitted by the law ct your state of residence, whichever is lower. ~oa e. xte~, t .provided. in.y? Ori,.g~, T..e~m, ~ to the c.x~t ,ponnit~i by applicable l~.w, in ~[diti .on to y.our obligation to pay the outslandlng balance on your .. ~un.Lpiustntere~--ann~es~.m?mcl~$e~neremt.wemaya~coargeyou~ranyco~ecuonc~mwetnour'm~udin~but~t~imitedtorem~nab~eat~mey~, ~._~.._~_a_c,,_~._ ~ it ?.,o? Origami. Ter~, pm.pd .ecl.for an a .v~r., .d o.t assume~ feec and court cusa, such [xo~ieion. incorpurated berein ,bell ~ply ~ ~uq;~,atly [0 mO prevailing pl~ m a~ I a%~uls ar~mg out otll~ .~rm'ne~l. · Non-Waiver ct Certain Rtghta. We may delay or v~ive enforcement of any pmvlsion oftl~ Agreement without losing our right to entotus it or my other provision later. Applicable Law;, Sever~bllitT; A..~l~nenL No matter where you live, th~ Agreement and, your Account ara governed by federal law and by the law of the state designated a~ the applicable lawin your Ori~na! Terrm. If your 06ginal tetrm did not contain en applicable law ptovislou, then ~ Agreement and your nA~t~u~t ~ g,.ove~. ,ed by.federal Law and, the!aw ,of your state o.f. rezidsnce...This..A.&.rfiement4s a .f.mal c.x'preasl .on of.~a, agreemenl between you and us and may o.n.u-an~cte?.oy e'noenne ct any ali.e, gen ora~ ag~ement. Ii'any pmvtmun of LI,is Agreement ~s held to be mvelid or unenforceable, you and we will consider aatl,provmon m. ndi~ed to confort!}.to app, hcable l.aw, and the rest o.fthe provisions in the Agreement will still be enforceable. We may transfer or aasign our right I or ~om.e olyour paymenLs. Lt sta~e law requtres that you reco~ve notice of such an event to protect the purchaser or Msigoce, wa may give you such onrlco by filing a financing atonement v~th the state's Secretary ofgtslc. ' Credit Reporting. ffyou tall to fulfill ~e temm of your credit obli~tlon, a negative credit re~ort reflecting on your credit record may be submitted to a credit reporting agency. I~ order to di~uto any infomiation we ate reporting about your Account, you must write to us at the following addra~: Fires Select Corporation, P.O. Box 9104, Pleasanton, Cali~omin, 94566. YOUR BILLING RIGHTS - ICEEP THIS NOTICE FOR FUTURE USE This notice cootaim important information about your rights and our respomibllities under the Fair Credit B;11;.g NoUi~J', Us in Case of Em'om or Questions About Your Bill ~you ti '.u.nk. Y,.°~ bl.~t is2..rl~: .a?g'_.or if You n_ec?, m^° .re.'.tnf°...m?tion about an enh'Y on ..Yo. ur bill, wW-te us, o~ a separate shest' at the following addresa: Firat Select .o .?. ,o . _r~, .o~ r. ta. l:mx ~ t,,u% rleasanto, n,.~... A :t4.5o?..Write to ,us a~ .mon as po-.a~ble. We tnust hear ~'em you no later than 60 daTs after wc sent you the .first bill on wmcn mc error or promem appcare~ ~ou can telepnone us, out doing so ~ll not preserve your rights. In your letter, give us the following: ~ Your name and Account number. · Thc dollar amount otthe suspected error. · Describe the error and explaha, it' you can, why you believe there is an error. If you need more iz~onnalion, describe the item you are not sure about Your Rig:his and Our Reeponslbllitius ARor We Receive Your Written ~lieve .m~,Voe ,u was ne. froot..qn~ ,we receive yo. ur letter, we ..cfi~.. nt toy to collect 0r report you ea dalm.quent as to aqy..a~o, unt you. queation' including finance ~.~., c cert.,apply eny..u?p?l.~..?0unt cOal.mt your. credit hue. You do not have to pay any questioned amount while we ara investigating, but you are still oungateu to pay me parts olma OUt ~ are not tn question. ffwe. i[nd that we~mnde a ,mistake on, your bi. Il, you will not have to I~.Y any fmancu charge related to any questioned amount ffwe did not make a mistake, you may nave to pay rmenne Charges, uno you v~ll have to make up the missed paymenta on the questioned amount, in either cese, we will send you a statement of Lamount .y~.u owe and the date tha£ it is..d~.e.I.fyou tall to pay the amount we think you owe, we may rep~n you as dslinquenL HOWever, ii'our explanatinn not eatts~ you and you va'rte to us w~thin I 0 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 ~e name of anyone we reported you to. We must tell anyone we report you to that the matter hm been settled between us when it finally is. .if we do not follow these roles, we cannot collect the firat $$0 of the questioned amount even Lfyour bill was correct. Special Rule for Credit Card Purchases Ifyou have a problem with the quality ofgouds and services that you purchased with your DISCOVER crud t card and you have tried n good faith to correct the problem with the merchant' you may not have to pay the remaining ~nount due on the goods or servic.~. 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 ct'your current mailing address; and (b) thc purchase price must have been more than 550. These limitations do not apply il'either we or DISCOVER own or operate the merchant' or if we or DISCOVER tnail~d you the advertisement fur thc property or services. VALERIE ROSENBLUTH PARK, Attorney I.D. #72094 PARK LAW ASSOCIATES, P. C. 25 E. State Street Doylestown, PA 18901 (215) 348-5200 ATTORIqEY FOR PLAINTIFF ESQUIRE FIRST SELECT, INC. : CUMBERLAND COUNTY : COURT OF CO~ON PLEAS Plaintiff : Defendant : NO. 01-7111 CIVIL TERM VS. ROGER LEE NULL PRAECIPE TO WITHDRAW WiThOUT PREoumIC~ TO THE PROTHONOTARY: Kindly Withdraw the above upon payment of your costs. captioned matter without prejudice PARK LAW ASSOCIATES, P.C. BY: ~ VALERIE ROSENBLUTH PARK, ESQUIRE ATTORNEY FOR PLAINTIFF