HomeMy WebLinkAbout00-05607
SHERIFF'S RETURN - REGULAR
CASE NO: 2000-05607 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST SELECT CORPORATION
VS
COOK THOMAS E
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 E
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 E. COOK
,
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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
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18.00
3.72
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10.00
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31.72
R. Thomas Kline
09/11/2000
PARK LAW ASSOCIATES
Sworn and Subscribed to before
me this /3 ~ day of
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othonotary I
By:
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Depu heriff
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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
4168100008633271
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT CORPORATION
Plaintiff
VS
THOMAS E COOK
Defendant
NO.00-5607
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:
$3,029.25
$514.97
$134.96
($0.00)
($0.00)
$3,679.18
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 tQbe 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 civil Procedure
No. 237.1 is attached hereto and marked Exhibit "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, Ur~ ~ ,~ ,Judgment is entered
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.
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PROTHONOTARY &
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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VALERIE ROSENBLU1H PARK
ATTORNEY !.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
I HEREBY CERTIFY THAT THE
lRUE AND CORRECT ADDRESS IS:
PLAThITTIP:M60ROSEWOOD
PLEASANTON, CA 94588
DEF: 1439 COCKLEYS MEADOW
BOILING SPRINGS, PA 17007-9687
FmST:= =~;: COUNTYj"COURT OF COMMON PLEAS
THOMAS E COOK
Defendant
NO. 00-5607
NOTICE OF PRAECIPE FOR
ENlRY OF DEFAULT JUDGMENT
TO: THOMAS E 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 WITIIIN TEN (10) DAYS FROM
THE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WTI1IOUT 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
PARK LAW ASSOCIATES,P.C.
/
BY:
V ALERlE ROSENBLUTH PARK, ESQ.
THIS IS AN ATTEMPT 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 CORPORATION
Plaintiff
VS
THOMAS E COOK
NO. 00-5607
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 E
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 ASS~IATES '. ~ P.
BY: ~~
Valer'e 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 CORPORATION
Plaintiff
VS
THOMAS E COOK
NO. 00-5607
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 FAIR DEBT COLLECTION 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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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.
THOMAS E COOK
Defendant
NO. 60 - SI.C7
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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 witho~t 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.
G:OUR'f WrmnO'fr-:A'fOR C~b. Lb, ~tk,"OcJ;;},";I~
~th Fles\. ""'llmnp-rl FR8. Ceur..tl' CuuLLlluuse
uirll",l"" FA 17813 ot Ad,.../:>.J.", /Joe-.
("il7') 219 "'?OO~ ~sL;5ft- 00/3
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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#:4168100008633271
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC.
4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
PLAINTIFF
VS
THOMAS E COOK
1439 COCKLEYS MEADOW DR
BOILING SPRINGS, PA 17007-9687
DEFENDANT
NO. fH}- 5t.07 d;;J ~
CIVIL
~CTION
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 E 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 4168100008633271.
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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
$3,029.25 as of 04/19/2000, plus pre-judgment contractual interest
at the rate of 17.30% 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 $514.97.
WHEREFORE, Plaintiff demands that judgment be rendered in
favor of the Plaintiff, FIRST SELECT, INC. and against the
Defendant in the amount of $3,029.25, plus pre-judgment interest
at the contractual rate of 17.30% per annum from 04/19/2000 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $514.97, 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 $3,029.25, plus pre-judgment interest
at the contractual rate of 17.30% per annum from 04/19/2000 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $514.97, 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.
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VERIFICATION
I,
'SUECORRlfA
, declare that as of
May 10, 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.
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De~nated Agent
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EXHIBIT
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ACCOUNT AGREEMENT
Your CHASE <1c~ount h:1S be,,=n tl'm1sferred to First S~let:t Corporation. Your CH....SE J.c.:ount was closed ilt the: tim-.: of this transfer, and will th~r<:for;: cominu::
to b~ dosed. Tnis A.ccount Agre:=ment cont::Lins me: terms that govern your First Si;l~ J.ccount (the ";';.:::ou;,t""). I!, this :A.gr:em~t. "you" and '.your" mean <:ilC~
pl:non who is li.:z.bl~ for paym~l'lt on the Accoum. "W~." ~our'" "ours." .1nd "us" mean First S~Ject CorporJ.tlon or lts ilSSlg:n-e~. 8e':aus~ :;our ACCOunt h.:lS b=e:l
t~nsfelTed to us. you are now obligated to rep:l.Y th-.: Account to us inste;ld ofCH.<\SE. [[the Account was oP-'::1ed. as ajoinl account.., WI;: may act On the
instructions of Ollly joint a~countholdl!:r.
PJ.ymenu I Finance Charges. As long as you hnve a. bal'lonce ouma.nding on your Account. finance cha.("~<:s ;U~ calculated as follows:
To figure the ftnance charges for each billing cyete. we multiply the <1.verage daily balance on your Ac~ount by a. <bily periodic rate. Tne daily periodic (ilte we
apply is your Account's .u..nnual Percen~ge Rate divided by 365. Tne ..;ru,ual P~entage Rate will be calculat::d as disclosed in your most r~ent CH.-'\SE ::l.Ccount
terms (the "OriginnJ. Tmns")., If your Original Tmns pro....idt:d for different Annual Percentage Rates to oe applied to diifen~nt compon-.:nts of your outstandina
balance., we will a'Pply the lowest such AnnuaL P=-c:n~ge Rate to your entire outstanding balance. =
We may ac<:ept tare or partial payments. or payments marked "paid in full" or marked with other restrictioI1S, wi.thout losing our rig.h~ to.collect all amounts owing
under this .~g:re~ent. .
Fe'eS. We win charge yoUt" Account a fee for e::r.ch billing cycle within which your Account is delinquent (late charge). Tne amount of the lat.:: charge will be;IS
disclosed in your Origin:!.1 Terms or the maximum late charge pennict.::d by the law of your SUte ofr:sidenc:, whichever is lower.
We will chlU"ge your Account a fee for .::ach returned payment check. (returned check. charge)~ The amount of the rerorned check ch;ug~ will be as disclosed in
your Original T~rms. or the mn.:cimum returned check. cha.rge pemti~d by the law of your st.1te of reside:~ce. ....ruc:-r:.:ver is low.:r.
To the .::nent provided in your Original Trnl1s, and to the e:a.enc permitted by applicuble law, in addition to your 9bligation to pay the outstanding balance: on your
Account. pl1.LS interest and fees as disclosed herl:Ut. w.:: may also chArge you for any collection costs we [I'!.cur, including but not limited to reasonable attorneys'
fees and court costs. If your OriginaJ Terms provided for UI award of attorn.eys' fees and court costs, such. provision as incorporated herein shall apply
reciproclly to the prevailing party in any lawsuit arising out of this ~..greement.
Non- W:liver of Cerbin Rights. We may delay or waive enforcement of any provision of this Agreeme:tt ...vithout losing our right lo enforce it or any other
provision tater. .
Appli-c:lble U~ S,everability; Assignment. No matter where: you live, this Agreement and your Account are governed by federal law and by lhe taw of the state
designated QS the appiic:1ble-Iaw in yout Original T~ If your Origin:lI terms did not contain an apptioble law provision, then this Agreement and your
As;count are governed by federal law and the law of your state ofresiden~. "This Agreem~(is a fmal e:cpression of the a~ement between you and us and may
not be conU'3dicted by evidence of I1zw411eged. or.U agre:ment. If any provision afmis .~greement is beld ro be invalid or unenforc~:lble, you and we will c9~der
mOlt provision modified to conform to applicable taw, and the rest of the provisions in the A~ent will still bt: enforc:able. We mayr.ransfer or assign our right
to all or some!: of your payments. If stat.:: law I'tquire:s that you rec:ive notice of such an event to prot.::ct tho: purchaser or assignee, we m:ay give you such notic:
by filing.], financing statement with the state's S.ecreW'j' ofStat~.
Credit Reporting. Ify.ou fail to fulfill the terms of your ~dit obligation. a negative credit report reflecting on your credit record m;ty be submitted to a credit
reporting agency. In order to dispute my information we are reporting about your Ac::ount, you must wrilii: to l.I.$ at the following address: First Select
Corporation. P.O. 80x9104, Ple:lSanton, Caluorni.:t. 94566.
YOUR BILLING RlGHTS. KEEP THIS NOTICE FOR F1;"TURE USE
This notice Cont3.lI1S tmportant infotmation about your rights and our responsibilities under the Fair Credit BIlling Act
Notify U3 in Cue ofError:s or QudtiOn:l About You-t" Bill
tf you think your bill is, :rrong. or if you need more infonnation about an entry on your bill, write us, on 3. sep:l.nte she-::t, at the following address: First Select
Corporation. P.O. Box 9104. Ple3SaJ1ton. CA 94566. \Vrite to us a:s soon aspossibl.::. We must hear from you no lat.::r than 60 days after we sent you the first bill
On which the ;m"Oror probti'm app~ YOUC3.X1 telephone us, but doing so will not preserve your rights.
In your lecter, give us the fo~lowing:
. y OUJ" name and Accour:u r:l:~.
. The dollar amount of the suspected error.
. Describe the error and explain, if you CZl. why you believe there is an ~r. If you need more infomt3.lion. d:escribc the item you :Lrc not SUfe about.
Your Rights;Uld Our Re3poruibilitie:s Alter We Reeeive Your Vlritten Notice
We must acknowledge your letter within 30 d:l.)-'3. UNes:> we have corrected the en-or by then. Within 90 d.1.ys. we muse either correct the .:n'Qr or explain why we
believe the bill W<1S correct After we receive your leete:, we C:uu'lot r.ry to collect or report you as delinque:u as to any unount you qucs-..ion. including fl.I1at1c::
charges. We C:JIt apply any unpaidamouat 3.gaUm your credit fine. '{au do not have ~o pay any quescicn~ ~ount while we U'e Lnvesttg'lting, but you Jte sriU
obligated to pay the pllttS of the bill thOlt i1re not in question.
tfwe futd ~ we made a. mistake on your bill. you will not h:J....e to pa.;iany fInance ch:U'ge rel<1ted to J.n:-- qu.:srioned unOUT'lt. rfwe d.idnotma..~e a mistake, you
may have to pay finance .:h.uges, and yau will h4ve to m:1k.: up d1~ missed pa)'nletlcs on the qu,estioned mlOUnL In ~jther cze. w.:: will s~nd you .1 SUleme:'lt of
the amount you owe :1Ild the date that it is duit U' you fail to pay t..~e amount we think. you owe, we m:J.Y report you :1S delinquent. However. if our explanation
dO<=i not sausry you and you write ~o us within 10 cb.ys telling us t.."l::!.t you still refu~ to pay, we must telt :JItyone Wi: n:;Jort you to th::l.l you qu.::stion your bill.
A..nd we must. t~1l you che name ofilCyon.: we r~orted yQU to. We must iell anyono: we report you to c.,:1t th~ m:J.r:ter h!1S been s.::!:tled betweert US when It finally is.
lfwe do not foJJow th~e roles, we annor collCl."t the flr.it ,S50 ofth\!: questioned lUi10unt o:...en if your biB was '::J~t
Sp~d:u Rule for Credit C;J.rd Pun:has.ej
l.fyou hav:a probh:m with th.: qUOlticy of goods Uld scrvic::s chat you purchas~d with your CHASE I..Y:!dit.:.ud JItd you hav~ tri~d in good f.::i'h to correct !he
problt:m wlch the merchant, you moly noe ha...e to pay the rema.ining amount due on the goods or s:ervico=s. Th.:~:lte cwo limitations to this: righr.: (a) you must
ba....e made the purchas.a- in your home state or. if not within your home state, within (00 miles ofyour,:;urrenl mailing :J.ddress: :l.Od (b) the purch:J.Sc price must
hJ.ve been more than $50. Th.:sc: limit:J.tions lio not apply if eith.:r W~ or CHASE own or oper::lte the merchwt. or if we or CH.-\SE mailed vou the advertisement
for tbe property 0( services. .'
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