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HomeMy WebLinkAbout00-04572 , 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. NATHAN C WILLIAMSON Defendant NO. CV - .LfS7~ Ctc.:'~l T'VUt. 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. COl.JR'J' 1'.Dlmn>:TR.','3'6K C~. c,. g~"Cj'~.,tI'CJ...J 4t:h FluuL f Cu.lLa...Il::alCA.uJ C612nt~/ Cel1.l:tLvu.~~ ;( 1:.t.l&n_~f/)(.JrA.XU:.., Carlisle, PA 17013 ---7 (71 '7) H6 6z:ee 7/7- ;)''f'i-Jic..l,- 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#:4168100107452060 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS NATHAN C WILLIAMSON 528 MOUNTAIN ROAD BOILING SPRINGS, PA 17007-0155 DEFENDANT NO. trV . 'fj-7.2.- ClJ -r~ 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, NATHAN C WILLIAMSON, is an individual who resides at 528 MOUNTAIN ROAD, BOILING SPRINGS, PA 17007-0155. 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 4168100107452060. " , -. - 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 $1,549.78 as of 02/16/2000, plus pre-judgment contractual interest at the rate of 19.80% 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 $309.96. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $1,549.78, plus pre-judgment interest at the contractual rate of 19.80% per annum from 02/16/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $309.96, 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 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 $1,549.78, plus pre-judgment interest at the contractual rate of 19.80% per annum from 02/16/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $309.96, 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. ,^ ~~,' . , d . ' . VERIFICATION s~ declare that as of I, March 30, 2000: I am a designated 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 at Alameda County, in the State of California. Designated Agent 11:_, ,0,,",,, ..-,~ - ,--,-,',~ - " ,~ .~n'" , "., , -- -,,"C ..;, ' < =-- , , " EXHIBIT .. . 5040 JOHNSON DRIVE P,O, BOX 9104 PlEASANTON, CA 94566 888-964-4000 ~ " III !t t. FIRST SELECT COR paR A T o N ACCOU7'iT AGREEMENT Your OlSCQVER account has been tr:msferred to First Sd<:<;t Co!,?oratlon, '(OUf O(SCOVER account was closed at the time oflhis transfer, and will therefore continue to be closed. This Account Agreement conlains me :e-r:':1S l,hat govern your F~ Sekct account (the "Account) In ~his A~eement. "you" and "your" mean eac~ person who is liable for payment on the Account. "We," "cur," "ours," and "us" mean First Select Corporation or Its a.ssl~e,es. Because your Account has been t(ansferred to us, you are now obligated to repay the Account to LlS mstead ofO[SCOVER. Lfthe Account was opened as :lJoml account, we may act on lhe instnl<:tions afany joint accountholder. Paymen~ I Finance Ch.arge3. As long as you haY!: a balance- outstanding on your Account, fmance charges ar<: calculated as. follows: To figure the finance charaes for e:J.ch billing cyete. we multiply t.,,~ J.ver:J.ge daily balo.nce on your Account by a daily periodic rate. Tne daily periodic rale we apply is your Account's A~u:l.l Percentage Rate divided by 365, The Annual Percentago:: Rate will be calcut3!ed as di$closed in your most recent 01SCOVER account t~rms (the "Original Terms"). trYOUT Original Tenns provided for different Annual Percentage Rates to be applied to different components of your outstandLng balance, we will apply the lowest such Annual Percent..lge Rate to your entire outSUnding balance. We may, accept late or partial payments, or payments marked "paid in full" or marbd with other restrictions, wi~out losing our righl to collect all illT10unts owing under th.i~ Agreement Fee3. We will charge your Account a fe:: for each billing cycle wilhin whicn your Account is delinqu::nt (late ch~ge). 1!te ;unounl of the late charge will be ~ disclosd in: yourOriginaJ T~rms or the maximum late charge pennirted by the Jaw offour SUte of residence, wh.1chevl:r IS lower, We win <:hu"e your Account a fee for each returned payment check (returned check charge). The amount ofth~ returned check charge will b~ 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 e1(tent provided in your Original Terms, and to the extent permitted by applicable law, in additi~n to y~ur ob!igation to p~y ~e outstanding balance on your Account, plus Lnterest and fees as disclosed herein, we may also charge you for any collection costS we Ulcur, Ulcludmg but not luruted to reasonable attorneys' 'fees and court costs. If your Original Terms provided for an award of attorneys' fees and court coStS, such provision as incl:lrporJ.t::d herein shall apply reciprocally to the prevailing parry in any lawsuit arising out of this Agreemenl Non~W:tiverofCertain Rights. W.: may delay or waive enforcement of any provision of this Agreement without losing our right to enforc:: it or any other provisiol'llater. Applicable Law; Severability; ..\.ssignment. 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. lfyaur 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 ofresidl:nce. TIlls Agreement IS a final expressL~n o[~e agreement between you and us and may not be contradicted by evidence af any aUeged oral agreement. If any provision oftms Agreement IS held to be mvahd or unenforceable, you and we will consider lhat provision modified to confonn to applicable law, and the rest of the provisions in the Agreement will still be ent:arceable. We may transfer or assign our right to aU or some of your payments. Lf state law requires that you receive notice of such J!l event to protect the purchaser Or assignee, we may give you such notice by filin~ il. financing statement '..vith the state's Secretary of State. Credit Reporting. lfyou fail to fulfill the terms of your credit obligation, a negative credit repart reil~cting on your credit record may be submitted to a credit reporting agency. In order to dispute any information we are reparting about your Account, you must write to us at the follawing address: First Select . Corparation, P,Q, 80:< 9104, Ple:lSanton, California, 94566, YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR ITTURE USE This nOtice contains Important information abaut your rights and our responsibilities under me Fair Credit Billing Act. :-lotify 1..'s in Case or Errors or Questions About Your Bill lfyou :,hink your bill is wrong. or lfyou need more information about an entry on your bill. v.Tit.:: us, on a s~uate sheet. at the following address: First SdeGt COT1laration, P,Q, Box 9104, Pleasanton, CA 94566. Writ.:: to us as soon as possible. We must hear from you no later than 60 days Jiter we sent you the fll"st bili on whil:h the error or problem app<eared. You can telephone US, but doing so will not preserve your rights. [n yout' le~er. give us the follo......ing: Your name and Account number. The doll;u mlount oflhe suspected error, DesQribe the error and explain, if you can, why you believe there is an error, If you need more infarmation, describe the item yau ue not sure about. Your Rights and Our Re3ponsibUitie, After We Receive Your Written Notice We, m\.tst acknowledge your letter within 30 days, unless we have corrected the error by then. Within 9Q days, we must either correct the error Qrexplain why we belLevt the bill was correct, A.fter we receive your letter, we cannot try to collect or report you ~ delinquent as to :my amaunt 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 investiaatina, but you Jtt still obligated to pay the parts of the biU that are not in question. ... ... [[we rmd that we made a mistak;: on your bill. you will not have to pay any fino.nce charge related co any questioned amount. If we did not make a mistJ.,ke, you may have to pay finance charges. and yau will have to make up the missed payments on the ques;:ioned amount [n either case, we will send you a statement of the J.m.ount you owe and the date that it is due. lfyau fail to pay the amount we think you owe, we may report you as delinquent However, if our explanation does not satisfy you o.nd you write to us within 10 days telling us that yau still refuse to pay, we must tell myone we report you to that you question your bill. ,~d We must tell you the name of anyone we reported you to, We must tell anyone we report you ta that the matter has been settled bet'ween us when it finally is. lfwe do nut {ollow these rules, we c~mnot collect th~ {irst $50 ulche quesciooed ;unOl.lrH even if your biU W.Jj correct, Speciul Rule for Credit C:lrd Purcho.ses if you have J. problem with the- quality of goods lnd servic.:s that you purchased \\lith :;our DlSCOv"ER C':"ecil cud and you have tried in good faith to correct th..: pl'oblc:m With the merchant, you may not have to pay the remaining lmaunt due on the: goods or sef\'ic~s. Tnere 3-!~ two ILmitalions to this right (a) you must n:lS<: made the purchase in your home state or, [fnot wir.hin your homo: state. will'lln 100 miks o(::.our,;urr-:nt mlllmg address; and (b) th.: purchase pric.: must have be.:n more than 550, Thes.: limitations do not :J.pply if ~tth.:r we or DtSCOVER vwn or operato: L'1e merchant. or if we or DtSCOVER mil.il.:d you ;,h<.: J.Jv.:rtis<::no:nt fur the praperty or services, ~s~o ...,., . . _U""-"'r"!1!'l .. ~- I! ,",I!'l""'!l,_~.... ,~ ~' ",' _.,",~''''~...~~,,~'"W~ ,~'.."~_>. _.'_ " '. 0 0 Cl C 0 -1'1 0 ~ ~ s: '- :=! t ~ ..,~w c:: h O,..r;:1 :;:e pi'l ;JJ ~ ~:n ."i""1fTl zs:- N 8 CD"'::: CO ~I;re ~ _, r " \ ~:e) -0 ~;:B .,.- --() '-"'C' :J::: Ii' \ ~'c5 :-;:.c) , ~ (\'. ~ fQ ,.l-">c r;.;> c5ffi ~ -i (j If'- ;:z r::- "c. :n ~ :iij; 0) ~~ :ll:'1 "-J 3 '0 .'ffi ~ I ,: ~,I.~~"i"i'~ffi""'~*'F!!llle;.1W~Rii'!itij!\~I~"'JW~~!l!li~~~I!JI'l'i_'I!I'tW"'~~ , SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-04572 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS WILLIAMSON NATHAN C R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT WILLIAMSON NATHAN C but was unable to locate Him in his bailiwick. He therefore returns the CIVIL ACTION COMPLAINT , NOT FOUND , as to the within named DEFENDANT , WILLIAMSON NATHAN C DEFENDANT NO LONGER RESIDES AT ADDRESS STATED, LEFT NO FORWARDING, RETURN NOT FOUND AS PER ATTY. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 3.72 5.00 10.00 .00 36.72 ~~ R Thomas Kline Sheriff of Cumberland County PARK LAW ASSOCIATES 07/18/2000 Sworn and subscribed to before me this 2.0 day of :''yul 1.J l00(J AD. --=-=:J ~:~?dr.~;~J, f1.y 'f~ 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 I HI!I'll!!!lY C~RTIFY THAT THE WITHIN IS A TAUE AND CORRECT 'COPY OF' TH,E GI AL FILE. S 01 ATTORNEY FOR PLAINTIFF/D&l"EU~I~T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff TRUE COPY FROMRECQRD In Tl>>Stimony wh8l1Of. I I;,' ',.' .,i /) Sit my hand ~~?Cm~;~;::'r~ , Prcltllollc*lly NO. 06 - 4S?:J.. Ci.....<-l T~ FIRST SELECT CORPORATION VS. NATHAN C WILLIAMSON Defendant 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 importanttd i6u7 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 4th COUKT hBNHUO'PRATOR Cc..c.:m.b . Co. ~d/LAS;OCl';;z.-IICYl,.) rlv-5Y, C~8rl:aBa. C.....u,uLt Cv\.u.LIJ,ou.~~ ~ ""l~~1 I)OE~V<<.L.... Carl~sle, PA 17013 ~~7 (717) ?Ll()_"?M "1/7- 2'1'f-J,J(..(", THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR TEAT PURPOSE. "~ I,' ~, Tr- ,r ",__0, " - . 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#:4168100107452060 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS NATHAN C WILLIAMSON 528 MOUNTAIN ROAD BOILING SPRINGS, PA 17007-0155 DEFENDANT NO. CIVIL ACTION 1. The Plaintiff, First Select, Inc. is a Delaware corporation organized and existing under the laws of the State of Delaware wJfth its principal place of businessat--'lft];60 Rosewood Drive, Pleasanton, CA 94588. plaintiff is the owner of this account, which is the subject matter of this action. 2. The Defendant, NATHAN C WILLIAMSON, is an individual who resides at 528 MOUNTAIN ROAD, BOILING SPRINGS, PA 17007-0155. 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 416810G107452060. '- 4. The terms of said account are stated in the documentation attached hereto as Exhibit "An. 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 $1,549.78 as of 02/16/2000, plus pre-judgment contractual interest at the rate of 19.80% 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 $309.96. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $1,549.78, plus pre-judgment interest at the contractual rate of 19.80% per annum from 02/16/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $309.96, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT II .::~.? -.~--.,c:-_ 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. ~ '"'I" ,'_ ~ , :~___ 0 0, ~' """ 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, Inc. and against the Defendant in the amount of $1,549.78, plus pre-judgment interest at the contractual rate of 19.80% per annum from 02/16/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $309.96, 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. - '-'_.;.'.....,..,. 0, --] ,;0 , - VERIFICATION I, SUECOORlEA , declare that as of March 30, 2000: I am a designated 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 !I 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 Alameda County, in the State of California. Jw ~<" / / , Designated Agent -~~ .' _'o-~_'_'~;' , - EXHIBIT 5040 JOHNSON DRIVE P.O, BOX 9104 PLEASM1TON, CA 94566 888-964-4000 1: " ~. {+ (,f F RST SELECT COR P 0 RAT o N ACCOUNT AGREEMENT , Your OlSCQVE.?. J.c:ount h:u been ~;uuferrc:d to Fi~ S<:k:: Cor;:ora~ion. Your OtSCQVER ao:::ount.....J.S dosed at the tim.: r)ft."1.is ttJ.l'lsfe:r, u,d will tl1~~f('J(I!: continue:o ':Je closed. Tnis .~CCOUl'tt Agre~t:nt contai".s L"\: :e:7,'tS ,hJ.~ govern your ::=~ S.:l.:c ~c::ount (Lh~ "Account"). In this r\greemen~ "you" 'll'ld "you;" me~ :J,ch pers<:m .....ho is li:1ble for pa.yment on the Account. "V./e:' "cur," "oun," anci "us" me~"\ Fi....st S~i=:~ Carporitlion or its usignees. a,:cJ.use :mur .'\C:ount h:l.S oe:::1 tr:utSferred ~o us, you J.[': now obligo.t.:d to repay:he ;:,..::ount to us instead oforSCOV"C::t [fr..'":.: ..:.,c::ount.....as opt:ned:JJ: <ljoint ac::Ount,.....e may -1.c' ~ the inswctior.s of any joint J.c:ountholder. " , _n P'J.ymenu I Finance: Ch::f.rge:,. As long J.S yeu hilVC 3. balance: ~utstJ.ndlng on your .J..ccounc. ftr.Utc~ c:,aq;a u: cJ.lcul:i.t;:d ilS. follows: To tigur: tht: flnanc: cha.rge:s for e:l.ch billing cycl:. :Ne: mult~p}! t.l':= J,ver:J.ge dJ.ily b3ol.:J.!lc: on yo~~ Account by a. d.1.il~ pcriodi~ rate. Tne: d.1.ily periodic r::lte we: .lpply is YOl..lr Account'~ .~u;;l.l P~ent:1ge: RJ.tc:: ~I.~tde:d by JO). ~'e A.Mua~~:rc=:1t:l,g~ Rate ...,ul be: ~lC"J.l~ed as dISc:~ose:d In.~ur most r~c=n.t D[SCOv"E~ account temu (Ult: "Ongz.n~l T emlS). [f your Onguul T a'm3 provtdl:d fer dUIerent Al:'.nua.! ?~::=::t.J.g:: ~ '10 be: .lpphed to dLCere:nt components of your outSt:utding b.d<Ulce. WI: w\ll ::tpply the lowest such AMual P=~=ntJ.ge: Rate: to YOl..lr entU"e autst.J.r:dUlg oal~c~. We mar. ao:~t la.'-= or partiaJ pOlymenLl, or pa.}-meats marked "paid in liJl1" Of muked with other resuic-.ions. ~..;.thOUl losing our right to collect J.H unounCS' o.....ing uncle:- this Agr==mmt. Fe~. We will cn01fge your Account a fee: for e:J.Ch billing cycle within wruch your Account lS delinqu::nt (tu.=ch~ge:). Tn<: amount of the I.m: Ch:1[':l'e will be::lS disc:los~d in your Original T~cms or the m:L"<:imum l~ charg~ ;mmitted by t.."Ie law of/our S-..J.t~ ofr:::s;ide=e~, whichever is {ower. ~ w~ will ch:ug~ your Account il fee fat" e:1Ch retu.me:d pa.yment c:-:c:k. (r~me:d check ch~ge). T:"te amount of the rerumo:d che:ck. charge will be: as disclos~d in your Original Tums. or the ma;ci.mum returned check charge permicted by the law or your su,te of r~ide::1c~. whichever is lower. . To r.h~ ~xr.e...tt provided in your Ori~inl1l Terms. ~d to the: extent ?ermicted by app(ic:J.ble l~w. in additi~n to :o'?u,r ob~iga.tion to p?,y .the outsunding bulance on your .A.c:::lunt, olus inter:::;:t a.nd fees 3.3 dlsclosed he:etn. we ma.y a,!so charge you for any coi1e~lon COStS we w,c-.::(; w,eludirIg but 110e lunlted to re~onable actomevs' fee:; and court cosu. [fyOU( Original. Tmns provided for an a.ward of actornc)'!' fee:s and coul't caS"oJ:, such provision <u inCOrpor:w:d herein sha.1l apply . reciproca.lly to the prevailing party in uty l:J.wmtt arising out of this Agreement. Non.Wainr or Certain Rig.hts. We may delJ.y or waive ~nforcement of:uty provision ocd-.is Agr:::,:".~:i.t without losing Qur right to enforce it or my other provision later. AppUc:!.ole 4w; SeveI"'l1bUity; .~ignment. No ma.tter where: you live, this .:1.gre:mlent;md your AC:-:H:l'l.t are governe:d by fed~a.llaw and by the b,w olthe 3Ut~ detignated 3.S che: applic~bl~ taw in your Original Terms. [fyour Origin:J.l terms did not contJ.tn an ap9Iic3.cl~ law provision, then this Agre::m1~nt and YOl..lr Ace-oUrl! ue governed oy f~der~ law.J.nd the Jaw of your rote of re3j~nce. Tills Agre::ment is 01. fl.i::d ~X?r:ssion of the agfll:e:ment bet\veen you and us Jnd m~v not b~ contradicted by evidence of <1!lY a.lIeged oni a.greement. tfany provision of this Agre~.~:t.t ~s he!d i.O b.: inva.lid or unl:nforc~ble. you. and we will consider ,r.hQ.t pro....ision. modified to conform to a.pplica.ble ta.w, and the res;: ocme provisions in the .J..gr::::n1r.l.t wtH S"..:U be dorce3.bte:. We mllY i.rUtSfer or ilSSign Our rio'ht to altor som~ ofyourpaymenr.s. [fstate law requires that you,r:c:i'le: notice of such Jl1 e:vent to ?tote:.. the purc:has<:rQr assignee:. we may give you such notic; by filing <1 financing: st;J.tetnent with ~e SUte's Secret.1ry ofStat~ Credit Reporting. lfyou fail to fulfi(t th~ ~enns of your e<<:dit obligation. a negative c:edit re;:cr: reih:::i.1g on your credit record may be submined to il credie reporting agency. [n order to dispu~e any inform:ltion we 3.1';:: r:::;:orting lbout your Account, you must ~~T'i.:e to us olt the foHowing address: First Select ' Cr::rpora:ion, ?,O. 80:< 9104, Ple:1Szuuon, Col1ifornia, 94566. YOUR BILLINC RICHTS - KEEP THIS NOTICE FOR ITTURE USE rnis notlO::: contJ.lns importJ.nt inform:ltian aCQut your rig.l-t:.s: Jt1d cl..lr ~espQnsibi!iti~ und:r ch: FJ.L: C,,:dic 3illing ,:l,ct, ~'ocify t:s in C:1S~ or'Erron or Question3 Ahout Your Bill tfyou :,."tink. ~'ourbiU is ....Tong. or if you Me4 rr.ore information loout J.nentry on you: bill. v.'ric: us. on J. s.:pU".t: sheet. at the [oHowing addres:3: FirstS~Ic:s. COr;Joral.ion. ?O. 8ax 9104. ?!.:u.U1ton,. CA 94566. Write ~o us J.S soon ~ ?ossibl~. We ~~ h:.:.r ~m you no lal~rU1an 60 c:tys :Ut:e~ we sene you crt.:: t1rst bili un which:he errorer problem ilP9.:ared. You c:ut ce[e:pho~e 1.13, but doing so will nQt ~r~el""/e your righ:.s. [n your let:::', live I.1S the foUo\..ing: . Yq~~-na.me and Account number. -r.'~'CoHJ.t J,.-nOU!lC of the sus'!'<:::ted error. . Desc:'ice ...,e error and expla.tn, it you c:m, why you believ;: t..1~:: is an error, -->--"~ If you ne~d more \.r>.Icm':~tion, dl::3c:ibe the item :IOU ;ue not sure :lbout Your Rlg,hr.s utu Our RdpOn::sibiUtie.:l After We R.::t;e:ive Your Written \'fodce We: must olcknowlecge your tecterwithin JO d.:J.y:s, unlo:ss We: havecorr~ed r.he :ii:rrorby then. \V1thi.rt 90 C:tys. we: must eil.h.ercorrect the error or explain wh:, we: bo:lie:ve ,he bill was correct. .:Uter we receive your teeter, we c:utrtac try to coHect or report you 'J.S deli.aG~ent.u to:tny i1mount YOll. qUdtion. including tin.utce c.h-uges. W.:; C"'..n apply '1.ny ul'1p:s.i.d .unouat ag~i.c1st your~ci~ tine. '(ou do not l';:1ve to flay any qUdtioe.-:ti J.mount white we Jl'e investi~ting. but you l.('e $.:11 oblig~ad ~o 9~Y the: ptll"t: of the bItt t.h:l.t Jre tlot in questiort. lfwe Md. r.h:u. we m.Ne: a mistue on. your bill, you will not tu.'1e to p:1Y J.ny fi~c~ ch:U'ge: re!.tto:d to Ut~. qu<:Stioned Iltnount If we did not m:tke 3. misuka. you ma.y have (0 pay ftn:u'lce chnrges. Ute!.. you will ha..ve m mUe 1.L9 the missed pa:omctlts on r.he queso.ioeed mtount. [n either c:lSe:. we will $~nd you .1 st,;l,ta~c:'!.t of the 3.mount you ow~ ind th~ d:lce thOle it is dUe. (fyou fail to pay t.."l.e 1mount we: thin.l(.)'ou owe:. ....e molY r'=?Or': you JS: delinquc:tL However. ifour<:l:<plJ.noltton do.:s not sOltisi)' you ute!.. you write to us within to d:!..ys telling us ch:1t you still re~e: to 9ay. we must ~en ~yone .....;: report you to th:1t you qUdtion your ~ill. .'\nd we must tell you I.oi.o:: n.::urto:: of :my on!:: we report<::d you ;0. We must tell anyone: we report you:o (..~olt =:.\e mact~rh:u b~ sectled between us when it ftn.lHy is. lfwe co nut tollo,,", thes.: n.des, we <::lMot colll:tt the tirst $jQ ,Jfth~ qU~tiOCld :!.mount e....en if:.our ~iil'w:u: COIT'::Ct. Spe1;bl Rule ror C,'edit C:lrd Purch:ljes iryou hJ\'C .l. problc:m with the: qUJ.tity of goods :lond ~c:rvi1;~S th:t.t YOI..l purchzt::d. ..I/ilh ::aur OlSCO"-"E:t .::-::c:t cud :md y~u ~:l~': tri.:d in gooci tJ.ith to COlTe..:: :h.;; probl.e;n W14'l th~ m~rch:lJlt. you m:ty not h:tv,: to p:1Y r..,<: n:::n:.:.:nir.g lmount due: on th<:~oods or .<::",.'1:::$. There J.l'e t...,o lurut:ltlol'U to this right: (3.) you must h.J....e: mad.:: the pureh:uc: i~:-~',:,ur horn.: $tolt~ or, if nO( within :,our hame: ~tJ.C:. wil.hin I 00 ~il::s .Jf ;our ";~r':'::nt mJ.iting address; J.nd (b) r.h.:: purch:!.S~ pric:: must h:l.~':: b::::n :nor:: thJ.n 550. Tncse limitJ.tlons cia notlppiy ir ::it;".:r we or DtSCOl/tR ..)w;"\ or 'Jp::rJ.{:: (,,":;:: m.:rch.J.nt. or if we: or DISCOVER mailed )'ou-no:: J.J~.<:rtis.:~.:nt fur tho:: prop.:rty or s<:rvic::s. ~S.~,; --'~-~"~."..",.. ~ ~ """~" ~ _,fll'I!lltfl_..._ ~ ""~.. "", ,-, ~, ". i"-. , ~ -::; ,,_.. ~, "'W'~ ~, CO: fi"I :g < f!ilI ~ ~o ---" :~:::::'t "" '-0 - '"1"1 : CJ {-~""'- :-.,., ~~ I'J "'-J ,-,;, . -~; (";'1 ~.:::;; -:;;;; -" ~ " .~~1-~"I~;~~."F'f'!O-~"'~i"WJW~~~J:W!'i1'i"'~!i\f~~!'!'!lF~f~~~~ ,,..., . 1- 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 COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS. NATHAN C WILLIAMSON Defendant NO. 00-4572 PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly discontinue the above captioned matter, without prejudice. 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