HomeMy WebLinkAbout00-05606
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 INCORPORATED
Plaintiff
VS.
THOMAS COOK
Defendant
NO. 00 - oS I.6/..
CUlL l~
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
obj ections 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.
4th
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THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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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#:4168100008984591
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC.
4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
PLAINTIFF
VS
THOMAS COOK
1439 COCKLEYS MEADOW DR
BOILING SPRINGS, PA 17007-9687
DEFENDANT
NO. 0tJ - 5(,0(,. Cu;:J .~
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, THOMAS COOK, is an individual who resides at
1439 COCKLEYS MEADOW DR, BOILING SPRINGS, PA 17007-9687.
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 4168100008984591.
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4. The terms of said account are stated in the documentation
attached hereto as Exhibit nAn.
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
$2,627.61 as of 06/06/2000, 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 $446.69.
WHEREFORE, Plaintiff demands that judgment be rendered in
favor of the Plaintiff, FIRST SELECT, INC. and against the
Defendant in the amount of $2,627.61, plus pre-judgment interest
at the contractual rate of 19.80% per annum from 06/06/2000 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $446.69, 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.
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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 $2,627.61, plus pre-judgment interest
at the contractual rate of 19.80% per annum from 06/06/2000 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $446.69, 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
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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.
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VERIFICATION
HEATHER f(oor:=~v;:"
, declare that as of
June 26, 2000: I am a designated agent of FIRST SELECT
INCORPORATED, 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,
Designated Agent
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F1RST SELECT
ACCOUNT AGREEMENT
Your CHASE account has be::" tr:1nsferred to Fim S~lect Corporation, Your CHASE :Lecount was clos~d a.t tho: tim-.: of this trilnst~r. and wil1lh~refor~ continue
to b~ dosed. rnis Acqounl.l1.gre~ment contains che temtS thac govem :'our Firsr So:l.:ct J:CC'OUCiC ('h< ".":"''':COUl1c''). III {his Agr:.:rrr.:rtt. "you" ilnd "your" me:J.n .each
p~rson who is liablo:: fOr payment on the AccounL ..W<:.... "our," "ours." J.nd "us" me:lCl First Se:lect COQor:ltion or its ass}~e~s. Because: :.our f\ccount hOl.S bc:n
tro.nsferred to us. you <lre now obligale:d to repav the Account to us inste:l.d of CHASE. {[the Account .....as ap.:ned. as il JOint account. we ma~( ac;t on the
instructions of <l1lY joint accountholder. '.
P~yment31 Finance Charges. As long as you have a balanc~ outstanding on your Account, finance: ch:U3es :!J'e: calc~laled as follows:
To figure tho: ftnanc: c:harges for each billing cycle. we multiply the average daily balance on your Acc.ount by,J, d.J.iiy pmodi~ rilte. Tne ctJ.ily periodic l"Q,te we
apply is your Account's .I.\..nnual Percentilge Rate divided by 365. Tne Annual PercentAge Ra.te will be c:l.lcul:1t::d as disc!ose:d tn your most recent CHASE :lCCQunt
terms (the "Original T c:rms").. If your Original Terms providt:d for diif.:rent Annual Percentage Rates to 0': apptied to different components of your outstanding
balance, we will apply the lowest such Annual P~nt:l.ge Rate: to your entire outstnnding bal:mce.
We may accept tate or partial pa.yments, or pa.yme:nts marked "paid in full" or marked with other restrit:tioClS. without losing our right to.collect ali ;unounts owing
under this Agrel::rTlent.
Feu. We will cha.rge: your Account a fee: forench billing cycle within which your Account is de!inqu~t (late charge). Tne amount of the late charge will be OS
disclosed in you!" Origirt.11 Terms ar the ma..amum late: charge p'.mni~ by the law of your stUe- of resie:ilc=, whichever is lowel".
We will charge your A.ccount 3. re~ for each returned payment check (returned check charge). The amount of the recumed check ch:JJ'ge will be as disclosed in
your Original T<mns, or the ma..timum returned check ch:JJ'ge permitted by the law oryour state of residence, whichever is low.:r.
To the e:aent provideq in your Original TemlS, and to the- e:<<enc permitted by applic:lbte law, in addition to your ob[igtl.~ion to pay the outstanding balance: on your
Account, plus intereSt and fees as disclosed herein. we mOLY also charge: you for any coU-ection COSTS we incur. including but not limiced to r~onable anomeys'
fe-es and court costs. If your OrigiIUlI T erm:s 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 aut of this Agr~ent.
N'on4W::uver of Cert:Un Rights. We may delay or waive enforc:ment of any provision of this Agreement without losing our right to enforce it or any other
provision later.
Applicable UW; Se'Vcn.bility; .>\.3.signment. No m<U1er where you live. this A.greement and your Account ~ governed by federal law and by the taw oi'the state
designated as the applic:1ble: law in yeW" Original Terms. !fyaur Origin::r.l terms did not contain an applic::r.ble raw provision,. then this Agr:::ment and your
Account are govemt:!l by federal law and the law of your stale of residence. This Agreem~{ is a fmal expr~ion of me agreement becw~ you and us and may
not be contr.tdicted by evidence of any-alleged oral agreement. If any provision of this Agreement is held to be invalid or unenforc=blc, -you and we will c~m;jder
that provision modifi~d to conform to applicable law, and the rest of me provisions in the A~ent wiU still be enforc:-=bk We may tranSfer or assign our right
to aU or some of your payments. Ifstate law ro::quires that you r::eeive: notice of such an event to protect ch.: purc:haserorassigne~, we may give you such notice
by filing 3. financing statement with the state"s S.:crewy of Sta.te.
Credit Reporting. Ify.ou fail to fulfill the terms oryeur credit obligation, a negative credit report refleC"..ing on your credit record may be submitted to ... credit
reporting agency. In Qrder to dispute any informa.tion we are reporting about your Account, you must write to us a.t the fonawing address: First Select
Corpor.lcion, P.O. 80~ 9104, PlellSanton,. C.:1lifornia, 94.566.
YOUR BILLING RlGHTS - KEEP THIS :'iOTICE FOR FtTURE USE
This notice contains important information about your rights and our responsibilities under the Fair Credic Billing Act.
Notify Us in C~I: ot"Ert'or3 or Q\I~tion.s About Your Bill
[[you think your bill is wrong,. or if you need more information about an ~try on yourbiU, write us, On 3. sel'u:l.te she1l:t, at the foHowing address: FirstSelect
Corpora.tion, P.O. Box 9104, Ple:uanton. CA 94.566. "'y'me to us as soon as posslble. We must heM from ;ou no lat~ than 60 da}'"S afte-rwe sent you the finc bill
on which the error or problem app~ You can telephone us, but doing so will not preserve your rights.
m your letter, give us the fo~lowing:
Your name and Actount number.
The dollar amount of the suspected error.
Describe the error il.nd explain,. if you c:ut, why you believe there is an en-or. If you need more informaCIon. d.=scribe the item you ore not sure about.
Your Right::!: and 01Jr Re3p-ofUibiUti~ After We Receive Your vtritten Notice
We must acknowledge your letter within 30 da~~ unless we h3.ve corrected the:: rn'Or by then. Within 90 ctJ.:-'"S. we must either-correa the error or explain why we
believe the bill w;u CC)m:ct. After we receive your lecur, we c~ot try to collect or report you as delinquent as ~o any ::.mount you qUes"Jon. including flnanc:
charges. We Qn apply any unpaid ~ount against yourcredic tine. You do not have to pay any qlLestlon~ :unount while we ~ investig:lcing. but you are still
obliguce::d to pay the 'puts of the bill m.tt ::are not in question.
[[we fmd. that we made (1 r#st:lke on yoUt" bill, you will not h3.ve to pay any finance ch:JJ'gerela.ced to J.n;.' ques-..ioned lmount. [[we did not m.Q.ke amista.k::, you
may h::r.ve to pay finance .:harge:s, and you will have tQ m3k~ up th;: missed payments on the questioned J.mount In ,either C3SC, we ~viU s.:nd you a 5Uteme:tC of
the amount you owe 'lnd the dace thill it is due. U'you fail to pay t..,e unount we think you owe, we may report you J.S delinquent. Howe...er. if our c:tplanation
does not Sa.tlSry you and you write to us wi chin 10 days telling us t..'1:ll you scill reNse to pa.y. we: must tel! :l.n:-'one we ~ort you to chat ~'ou question your bill.
And we must tell you the name of:1nyone we reported you to. We must tell anyone we report you to t.,3.t the m:lCt.,er h:lS b<::en settlll:d between us when it finally is.
lfwe do not follow these rules. we C:lntIot coll<:\."t th<:: flt'St 55Q of the questioned amount even if your bin was .;o~t.
Spo:<:i:l1 Rule for Credit C:lrd Purch:ue.s
If you have a problem with tbe qw.licy of goods llld servic~ thac you purchased with your CH.'-\SE crcdi~ .::::.rd md you nav,=, tri~d in good f:lith ~o corret:;t the
probl~ with the m~rchanc.. you may noe ha...e to p-oly tbe remaining :1tnount due on the goods or servi<,;-:=s. The!';::l1"e two limitations to this right: (3.) you must
have made: th~ purch:u~' in your home state or, if not within your home stati:o within 100 miles of your .;:urr~nt m::r.iling J.ddress: J.nd (b) the purchu.s~ priCl:. must
hav!:: b~en more than S.50. These: limil:llions do not apply if c:ithcr we or CHASE own or operate the mcrch:l!lt. iJr if we or CHASE m:lilll:d you the adveruscment
for lhe propc:rty or s':tvices.
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SHERIFF '.S RETURN - REGULAR
CASE NO: 2000-05606 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST SELECT INCORPORATED
VS
COOK THOMAS
WILLIAM DIEHL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
COOK THOMAS
the
DEFENDANT
, at 0020:05 HOURS, on the 8th day of September, 2000
at 1439 COCKLEYS MEADOW DRIVE
BOILING SPRINGS, PA 17007-9687
by handing to
THOMAS COOK
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
3.72
.00
10.00
.00
31. 72
~~~~
R. Thomas Kline
09/11/2000
PARK LAW ASSOCIATES
Sworn and Subscribed to before
me this 13~ day of
~C'":.j".. ~ A.D.
(\ ~ C. n.uop, .' I t~,."
;i rothonotary
By:
~iff
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VALERIE ROSENBLUTH PARK
ATTORNEY I.D. # 72094
PARK LAW ASSOCIATES, P.C.
25 EAST STATE STREET
DOYLESTOWN, PA 18901
(215) 348-5200
ATTORNEY FOR PLAINTIFF
I HEREBY CERTIFY THAT THE
TRUE AND CORRECT ADDRESS IS:
PLAINTIFF: 4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
DEF: 1439 COCKLEYS MEADOW DR
BOILING SPRINGS, PA 17007-9687
4168100008984591
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT INCORPORATED
Plaintiff
VS
THOMAS COOK
Defendant
NO.00-5606
PRAECIPE FOR JUDGMENT
TO THE PROTHONOTARY:
Please enter Judgment in favor of the Plaintiff and against
the said Defendant for failure to plead or otherwise respond to
the Complaint and assess the damages as follows:
$2,627.61
$446.69
$124.01
($0.00)
($0.00)
$3,198.31
PLUS ADDITIONAL COSTS
I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR
SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS
CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT.
I certify that written notice of the intention to file
this Praecipe was mailed or delivered to the party against whom
judgment is to be entered and to the attorney of record, if any,
after the default occurred and at least ten (10) days prior to
the date of the filing of this Praecipe. A true and correct copy
of the notice pursuant to Pennsylvania Rule of Civ' Procedure
No. 237.1 is attached hereto and ark d Exhi' 'A".
AMOUNT OF CLAIM
ATTORNEY FEES
PLUS ACCRUED INTEREST
LESS PRINCIPAL PAID
LESS OTHER PAYMENTS
TOTAL
VALERIE ROSENBLUTH PARK,ESQUIRE
Attorney for the Plaintiff
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AND NOW,_~~
in favor of the Plaintiff and against the Defendant by Default
for want of an Answer and damages assessed in the sum set forth
in the above certification.
oljrr)
, Judgment is entered
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PROTHONOTARY. u- .
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS
REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS ~S AN ATTEMPT
TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
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VALERIE ROSENBLUTII PARK
ATTORNEY J.D. # 72094
PARK LAW ASSOCIATES,P.C.
DRIVE
25 EAST STATE STREET, P.O. BOX 1779
DOYLESTOWN, PA 18901
DR
(215) 348-5200
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY!COURT OF COMMON PLEAS
I HEREBY CERTIFY THAT THE
TRUE AND CORRECT ADDRESS IS:
PLAlNTIFF: 4460 ROSEWOOD
PLEASANTON, CA 94588
DEF: 1439 COCKLEYS MEADOW
BOILING SPRINGS, PA 17007-9687
FIRST SELECT INCORPORATED
Plaintiff
VS
TIIOMAS COOK
Defendant
NO. 00-5606
NOTICE OF PRAECIPE FOR
ENTRY OF DEFAULT JUDGMENT
TO: THOMAS COOK
1439 COCKLEYS MEADOW DR
BOILING SPRINGS, PA 17007-9687
DATE OF NOTICE: 10/2/00
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN TIllS CASE. UNLESS YOU ACT WITIllN TEN (10) DAYS FROM
TIIE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE TIllS NOTICE TO A LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR
CARLISLE, PA 17013
(717) 240-6200
BY:
VALERIE ROSENBLUTH PARK, ESQ.
THIS IS AN ATIEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT ,q
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VALERIE ROSENBLUTH PARK
ATTORNEY I.D. # 72094
PARK LAW ASSOCIATES, P.C.
25 EAST STATE STREET
DOYLESTOWN, PA 18901
(215) 348-5200
ATTORNEY FOR PLAINTIFF
I HEREBY CERTIFY THAT THE
TRUE AND CORRECT ADDRESS IS:
PLAINTIFF: 4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
DEF: 1439 COCKLEYS MEADOW DR
BOILING SPRINGS, PA 17007-9687
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT INCORPORATED
Plaintiff
VS
THOMAS COOK
NO. 00-5606
Defendant
VERIFICATION
Of
NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF BUCKS
VALERIE ROSENBLUTH PARK, Esquire, being duly sworn
according to law, deposes and says that she will make this
affidavit on behalf of the within Plaintiff, being authorized to
do so, and that she believes and therefore avers, that THOMAS
COOK, Defendant is over 21 years of age; that his/her place of
residence/business is located at 1439 COCKLEYS MEADOW DR BOILING
SPRINGS, PA 17007-9687 and that he/she is employed and that he/she
is not in the Military or Naval Service of the United States or
its Allies or otherwise within the provisions of the Soldiers and
Sailors Civil Relief Act of Congress of 1940 and its amendments.
PARK LAW ASSOCIATES, P. C. .'
BY:
Valerie Rosenbluth Park
Attorney for Plaintiff
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VALERIE ROSENBLUTH PARK
ATTORNEY I.D. # 72094
PARK LAW ASSOCIATES, P.C.
25 EAST STATE STREET
DOYLESTOWN, PA 18901
(215) 348-5200
ATTORNEY FOR PLAINTIFF
I HEREBY CERTIFY THAT THE
TRUE AND CORRECT ADDRESS IS:
PLAINTIFF: 4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
DEF: 1439 COCKLEYS MEADOW DR
BOILING SPRINGS, PA 17007-9687
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT INCORPORATED
Plaintiff
VS
THOMAS COOK
NO. 00-5606
Defendant
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you
are hereby notified that a Judgment has been entered against you
in the above proceeding as indicated below:
[X] Judgment by Default
[ ] Money Judgment
[ ] Judgment in Replevin
[ ] Judgment in Possession
[ ] Judgment on Award of Arbitration
[ ] Judgment on Verdict
[ ] Judgment on Court Findings
[ ] Judgment on District Justice Transcripts
[ ] Judgment on Judgment Note
[ ] Judgment on Writ of Revival
[ ] Praecipe to Reassess Damages
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE,
PLEASE CALL: Park Law Associates, P.C. at this telephone
number: (215) 348-5200.
PR
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PURSUANT TO THE
REQUIRED THAT WE STATE
TO COLLECT A DEBT. ANY
PURPOSE.
FAIR DEBT COLLECTION P TIC
THE FOLLOWING TO YOU. THIS IS AN ATTEMPT
INFORMATION OBTAINED WILL BE USED FOR THAT
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