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HomeMy WebLinkAbout00-06030 -'-" -'-".- ., -;- , , .- - ,-~. -. -~-[' - ,'. '~I I " -,;' ;;. 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. SALLY ANN SCHELL Defendant NO. Cb - 40;0 C'u~~ 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. 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#:4168100008810366 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS SALLY ANN SCHELL 21 ASHBURG DR MECHANICSBURG, PA 17055-8203 DEFENDANT NO. ~_ ~o30 f2U;;j. --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, SALLY ANN SCHELL, is an individual who resides at 21 ASHBURG DR, MECHANICSBURG, PA 17055-8203. 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 4168100008810366. ,--,_.:",~,~ "-~ '-'---,;.0'" 0 ~.' ~-,,_<, ,_,,,_~_.,.,< ,".-b_ 4. The terms of said account are stated in the documentation attached hereto as Exhibit UA". 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 $6,325.91 as of 07/06/2000, plus pre-judgment contractual interest at the rate of 24.00% 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 $1,075.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $6,325.91, plus pre-judgment interest at the contractual rate of 24.00% per annum from 07/06/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,075.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT I - ALTERNATIVE 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, .,. '. ,,'- ,- _","",--,_-o:;,,~,,_ ; ..~- .'- " 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 $6,325.91, plus pre-judgment interest at the contractual rate of 24.00% per annum from 07/06/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,075.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCI 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. " ~ .-_ ~ ".,h.' "," ',,-,~ - '~'''-'-' ,~, .- ','r.. '~" , I, VERIFICATION HEATHER KOOREMAN , declare that as of July 5, 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, in the California. Designated Agent '""'~....- ~~ FJJ~.S:T5E1E-aHfBlT'-:yj~ ACCOUNT AGREEMENT "~,', "'., Your CHASE a~count has b~en transferred to First $!:I.:cr Corporation. Your CHA.SE account w<1S dosed at thl/: time of this lr.ansti:r. .and will lberefore c:oruinue to be closed.. ~IS Account Agreement contains the terms that govern your First Select account (the "Account"). In this .-\greemenL "you." and "your" mean <:ach person who IS 1mb!!: for pnyment on the Account "We." "our," "ours." and "us" mean First Select Corpor:uion or its assigne-e:s. Because your A.ccount has been ~fer:~d to ~s, y~u.a.re now obligated to repay the Account to us instead of CHASE. [fthe Account was opened as ajoinr account. we may act on the instructIons 01 any J010t accountholder. Payments I Fmance Charges. As long as you have il bahmce ou[StilOding on your Account, fimnce charges are calculated as follows: To fi~re the fmance: charges for each billing cycle, we multiply the aVer:lge daily balance on your Account by a daily periodic ~te. The daily periodic rate we apply IS your ~c.count's Armual Percentage Rate divided by 365. The .:.\Mual Percentage Rate will be calculated as disclos~d in your most recent CH.-\SE account terms (the "O,:gmal Terms "). If your Origiml Terms provided for diiferen.t A.nnual P~cencage Rates to be applied (0 different components ofy-our outstanding balance, we Wlll apply the lowest. such flI.nnWl.I Percentage Rate to your entlre outstandtng balance. We may. accept late or partial payments, or pa)1Tlet1ts marked "paid in full" or marked with other restrictions, without losing our right to collect aU amounts owing under this Agreement Fees. We will charge your Account a fee for eacn billing cycle within which vour Account is delinquent (late charo-e). Th.:: amount of the late charg~ will be as disclosed in your Original Terms or WI: ma.'omum late charge permined by the law of your state of residence, ....hichever is lower. We will.cl:w'ge your Account a fee fot' each returned payment check (returned check charge). The amount of the returned check charge will be as disclosed in your Ongmal Terms, or the ma.'Cimum returned check charge penniCIed by the law of your Slate of residence, whichever is lower. To the :."{tent provided in your Original Tenns. and to the -e:xt.ent permjrt~d by applicable law, in addition to your obligation to pay the outst:ulding balance on your Account, plus intere:st and fees as disclosed herein. we may also charge you for any collection costs we incur, induding but not limited La reasonable attOrneys' fees and coun costs. If your Original Terms provided for an award of attorneys' fees and court costs, such provision as incorporated herein shall applv reciprocally to the prevailing party in ~y lawsuit arising out oftltis Agreement. ' Non~ ':Vaiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right.to enforce it or any other prOVISIon later. . Applic::!bJe Law; Severability; Assignment. No matter where you live. this Agreement and your .-'\Ccount are governed by federal law and by the law of the st.J.te . " designated as the applicable law in your .original Terms. . Ifyol!-r Original terms did not contaiIlan applicable law pro...;sion. then this Agreement and your -'. Accounf"ati:g?vemelfby.'federal'raw::and-1.h.e~:I~\!',;9f:.y-9l:lf:;,~pt:~e$i9=~:";I?~i~~~"W~::f,f}p,eh_~~~~Jl~f.th~,~!!!,~e~~:1:9E,!\Qfl_~,~d am.v~_-=,.,.v.._~ not be c:on.tradlcted by evIdence of any alleged ()t'3.1 agreement. If any proVlS1on Ofth1s Agreem~t IS' heldtal)e mViilld or'unenrorceaI5t~'~ou>trid:.we'W1U:-cCltlSia~. ..~,...- ~ that provision modified ~o conform to applicil.ble ~aw, and the rest of the provisions in the' Agreement will stilL be,enforc~ble. We may.transfer or assign-our right. . to all or some of your pa~ts. If state law requ~s that you receive notice of such an event to protect the purchaser or assignee, we may give you $Uch ntitice by, filing a fmancmg stnIement with the state's Secretary ofSta1e. .' . -,-Cred~ Reporting~ Ifyo.u fail to fu~ll tbe,,~~_~fY9H:_~~i~.0.qligati~ a neg~i~ c:r~dit report reflecting'on"your credit record may be su.bmitted to 'a credit " . reporung agency. In order to dispute any womiation we are repcll:ting -about your Account, you"must write~to.us at the following ,address: EttSt s.elect . . Coq;oration. P.O. Box 9104, Pleasanton. California, 94566. . YOUR BILLING RIGHTS. KEEP THIS NOTICE FOR FUTURE USE This, notice contains important information about yoUr rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of ElTors or Questions About Your Bill lfyou think your bilI is wrong, or if you need more information <1bout J1ll entry on your bill, write us, on a separate sheet,. at the following :uidress: First Select Corporation, P.O. Box 9104. Pleasam.on, CA 94566. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the fU'St bill on which the error or problem appeared.. You can telephone us. b.ut doing so will not preserve your rights. In your {etter, give us the following: . Yournarne and Account number. . The dollar amount of the suspected error. . Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe th~ item you are: not sure about. Your Rights and QUI' Responsibilities After "'Ve Receive Your ...yritten :'iotiee We must acknowledge your letter within 30 days, unless we have corrected the error by then. With~ 90 days; we must either correct th~ err~r or e~la.in why we believe the bill was correa. Aft~ we receive vour lener, we cannot try to collect or report you as delInquent as to any amount you qUestIon, mdudmg finance charges. We can apply any unpaid amount against your credit line. Yau do not have to pay any questioned amOUnt while we are investignting, but you are still obligated to pay the parts of the bill that are not in question. Ifwe fmd that we made a mist:l.ke on YOl1rbill, you will not have to p~y any fmanee charge relate~ to any question~d.amount. lfwe ~id notmoke a mistake. you may- have-to, pay fimmce charges, ann Y~P ,wil\.hII.:Yf: to. m;ok~.cup'.~~. ~~~'p.~~e~IS.on th~ .9.~~~ned 3JIl~unt. In etther.cusc, we will s.md ~ou a statemen~ of thl: amount you owe :l:nd the date that It IS due. If you fall to pay th.:: amount we thiiik you owe, we'may report you'as'dehnquent However; ifo~r.expiana:uon do~ not satisfy you and you writ,: to us within 10 days telling us that you still refus.e to pay, we must tell anyone we report you to that you questIon y~ur bill. . A.'1.d we must. teH you the name of anyone we reported you to. We must te.n anyone we report. you to d,tat the mntter has ~ settled. between us whc:n It finally IS. Ifwe do not follow these rult~s, we cannot collect the frrst SSG of the qu.::stloned amount even Ifyourbtll was corret."t. Special Rule for Credit Card Purchases If you have a problem with the quality of goods :!l1d services tha~ you purchased with your CH.4.SE .::edit c~d md you h~....~ tri~d in goo~ f~ith to correct the problem wilh me merch,mt, you.may nOf h.ave 10 payth.:: remainmg :unounl du~ o~ the goo.cis or sef\.tees. Thc:re ~~ two Ilmlt:l.~IOnS to. this nghl: (a) y?U must have made the purchase in your home state or, ifnot within your home sute. wlthm 100 miles of your current m;li~lDg addr~~ and (b). the pur.:hase pnce.must have been more than S50. These limitations do nOl :lpply if.:ith<::r we IJr CH.-\SE own or op~r:lle the merchant or lfwe or CHASE m:1tl~d you the J.dvertlsem.:::1l for th.: property or ser....ices. bLlllS ~'!i!.':!i-;;~~'llM;Ii;"!ff.~~l!lili:~'ilii~';&HJl.JM;,,~riili"a.,fMH'l<tlOli>!!'\f;~"''ilil:h:iIW:o,\!<;[i.;HJ ~_ Hi 1 1I1ltl!1 1f ,~, "~" ,~,',._"" l~jc- - ~..... ~~ p \ .t ~ () (:1 0 C c::> -T1 8 fi. hh < 0 -0 (1) "'" ~- 8 g rnr"" ~,- -.JJ z.-;.; c.-, () '1 Z(' Lv '-:]i'~ C) en ..:r-: .'-,--- ~ "'-J -(:c-,; _~d.:) c::. J I ~C) ~"t) p-- ~ ~ Zl; );2~ (,J ~ Z -, ~~ -< '" , ~ - . -. .'C . ~ .~"-- ""-'- -,-- .. ;'k. \~, 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff VS. SALLY ANN SCHELL Defendant NO. 00-6030 PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Kindly withdraw the complaint in the above captioned matter upon payment of your costs. PARK LAW ASSOCIATES, P.C. BY:~/ VALERIE ROSENBLUTH PARK, ESQUIRE ATTORNEY FOR PLAINTIFF _ ~ ,'~; """L,,,~;",~ '"' , ,~,- ~' :r ,o.J ...'" '~:;.~~' <~-llJL,~.~<, ."',", "" ~~ _ >~ ',",,""')""""0'0.',_>"" <'_" "'_', .'- ff~~~'" ''--'-b..:::d_",-'~'''--'J;';i" '-~ " -", "'.~o>_~ ._ ,~~. ',~-M . ,~-_ ., _Cl,- "" '," c,__ ",t,.'- -'._,;,_ '-"'-~ -~, ~, (') 0 0 C ,:;) -f'l- g if> .~ -0--0:[ fTl c' mrTl '-0 ,-;:',~T! Z:::D N --,..r:"l Zr;;: ~:b)CJ (J) " U1 ~~ ~~ -0 ZO :1t: s;;g ~ ~;;;.:: in :::::'\ ~ ()1 3S .;:- -<. I _~"',6.,_'"." ~~~ .H. '~"'.'" -'"'- - r.j" SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-06030 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST SELECT INCORPORATED VS SCHELL SALLY ANN 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 SCHELL SALLY ANN but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , SCHELL SALLY ANN DEFENDANT COULD NOT BE SERVED PRIOR TO EXPIRATION DATE. Sheriff's Costs: Docketing Service NOT FOUND RETURN Surcharge 18.00 6.20 5.00 10.00 .00 39.20 ~~ . Thomas Kline Sheriff of Cumberland County PARK LAW ASSOCIATES 09/29/2000 Sworn and subscribed to, before me this 5.,):./_ day of'~ d..OVV A. D. Qht:' 0_ "rh.oo..) ,~ Pr h notary -'," ~. O~ _,_"<> -, . , -~~ , , ~. "~~-' . "-i~l.-l'-':- ''--dE -~A:~~i'H;r'1 i,,~ :~ :.1j\l[; ~)~-~Rt{t:Cn'- \~Opy /" A'i'~ ,~:"'!G'Ni,U')N ,'iLL. ~ )6iL_lL~,,~.~~-P ATIDANEY fOR f'i..ANnfFi0E'i'ENDJr VALERIE ROSENBLUTH PARK, ESQUIRE Attorney r.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. SALLY ANN SCHELL Defendant NO. 00- (.,6.30 Ci,.n.(~ 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, PA 17013 TRIJ~ COPY FROM' RECOoO (717) 249-3166 ,'.. r;;; n (800) 990 - 9108 Ii' 'L).I;t~Ill)lIywhereof,1 here unIoSlitmy hand ct-,\j l~lll ~ of said' at Carli. Pa. Thi ' .N-- ' THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. '=~" d ",-' - 1 -- . ~ _,_. 0-0_,;; .. ~. 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#:4l68l000088l0366 CUMBERLAND COUNTY COURT OF COMMON PLEAS I FIRST SELECT, INC. i 4460 ROSEWOOD DRIVE ! PLEASANTON, CA 94588 PLAINTIFF VS SALLY ANN SCHELL 21 ASHBURG DR MECHANICSBURG, PA 17055-8203 DEFENDANT NO. I 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, SALLY ANN SCHELL, is an individual who resides at 21 ASHBURG DR, MECHANICSBURG, PA 17055-8203. 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 4168100008810366. ;-=--=~' ~ .'J ., ~ "" ~_'J-. " ..: 4. The terms of said account are stated in the documentation attached hereto as Exhibit UA". 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 $6,325.91 as of 07/06/2000, plus pre-judgment contractual interest at the rate of 24.00% 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 $1,075.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $6,325.91, plus pre-judgment interest at the contractual rate of 24.00% per annum from 07/06/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,075.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT I - ALTERNATIVE 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. ,1t1I'=" .~- '. > . ." 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 $6,325.91, plus pre-judgment interest at the contractual rate of 24.00% per annum from 07/06/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,075.00, 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. . "' --tt; '" lit. ~" , -" "II;j, " " .' VERIFICATION I, HEATHER KOOREMAN , declare that as of July 5, 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, in the California. Designated Agent "-...J ." ,~ ~'~ ~ r ." F1RSJ.5]:LEBHJS1T-~':= ACCOUNT AGREEMENT ..,.,..,,: Your CHASE account has Otml transferred to First S<::J<::ct Corpontion. Your CHASE account was closed at the timc of this transrer. and wilI therctore continue to be closed.. 'T!tis Account Agreement contains the terms that govern your First S<::lect account (the "Account"). [n this A.grcemenL "you." ~d "Your" mean C::l.ch person who IS h.able for payment ~n the Account "We." "our," "oul'!.".wd "us" mean First S~lect Corporation or its assj~ Sec:1use your Account has oo:!:cn ~f~d to~, y~u..:lI'e now obhgated to repay the .~count to US instead of CHASE. If the Account Wll.S opened:u ajoltlt account. we may act on the inStructiOns ot any JOint ilCcountholder. P:J.ymenu I Fmance Olarges. .:\.5 long lI.S you have a balnnce outstanding on your .A.ccount., finance charges are c:tlcuulled as follows: To fig~.m: the finance ~hl1rges for each billing cycl~, ,!"e multipl~ the :l.venge daily balance on you.r Account by:l. dail:-: periodic ~te. The daily periodic rate we apply IS yo~r ~c.counLS An~:ua1 Percenta~e. Rate dIVIded b): 36,). Th: Annual Percentage Rate will be calcul~ a.s dl~loud in your most recent CH.~E account terms (the Onginat Terms ). If your OriglOal Terms prOVIded for dift"erent .-\nnual Percentage Rates to be applied to different components of \lour outstanding balance, we win apply the lowest such Annw.1 Perc:mtIl.ge Ra.te to your entire outstanding balance. . We may. accept late Or partial paytt1ent.$. or pa)'-menrs marked "paid in full- or marked with other restrictions. without losing our right to coil~ct all amounts owing under thts A.greement.. F~es. We will charge your Account a fee for each billing cycle within which Your A.ccount is delinquent (late charge). Tho:!: amount of the late charge will be as disclosed. in your Original Tenns OJ" th\l; ma;cimum late: charge: penniu.e:d by th~ law of your state of residence,. whichever is lower. We will .~~ your A.ceouni a ~ee for each returned payment chec~ (returned check charge). The amount of the returned check charge will be as disclosed in your Ongznai Tams. or the maXImum retUrned check charge pCtInIa:ed by We law of you. state of residence. whichever is lower. To the extent provided in your Originnl Terms. and to the el(ten1 pennitt..:d by applicable law, in addition to your obligation to pay the outStilnding balance on your Account, pius interest and fe~ as disclosed herein. we may also charge you for any collection costs we incur, including but not limited 1O reasonable attOll1eys' fees and court costs. !fyaur Original Terms provided for an a.ward of attorneys' fees and court costs, ~ch provision as incorporated herein sba.ll applv reciprocaUy to the prevailing patty ii1.any lawsuit arising out oftbis Agreement. . Non~ "'!a.iver of Certain Rights. We may delay or waive enforcemem: of a:ty provision of this Agre=ent without losing our right,to enfo~c it or any other pt'OV1S1on 1l1let. . AppUabie Law; Severability; Assigmnent. No matter where you live. this Agreement and your .'\ccount are governed by federa.llaw and by the law of the state . . designated as the, applicable law in your Original T entlS., Ify'o~r Original terms did not contain an applicable law pt'O'o;sion, then this Agreement and your AccounCi(i:'g:1?vemeifoy:federal-Iawand'the !i:;.v 9f:Y-9':1r,stat.;:-~frm~~:._:n?S..~~~b~~fi~.~,e.>:p,~.~f.~i)':~~~~t:~~.:t9!!.~~.~..~.,!;v _..: ,_. .." .... ., not be .c9ntradicted by evIdence of any aHege:d oral agreemenL tf any pravtston Ofth1S Agreem.ent IS aeJd to be mvauiI or unerifi5r&lfHe;-you and W~ wdl-co1lS1aei'- ':'7e.'~ ~ ,; '" that provision modified to confonn to applicable law, and the rest of the provisions in the. A.greement. will still be, enforceable. We may transfer. or assign.our right... to all or some ofyoUT payments. If Slate Ia.w requires that you receive l1oti~ of such an event to protect the purchaser or assignee. we may give you such notice by filing a fmancing statement with the state's Secretary of State. -.. " . , . . . . ~. - . .Credit Reporting; If you fail to fulfiil tbe.!.e~_ ofvour credit oblig;uion,. a ne~ve credit report reflecting on 'your credit recQrd may be submittc!{to a credit --". reporting agency. In order to dispute any infonna;tton "we'.are iepotting about your" ACcclIint,. you m~ write_to.us at the following address: first- Stlect . .. . . CO'l'oruion. P.O. Bo< 9104, Ploasantoll, California, 94566. . ' YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE This Mtice: contains important information about your rights and our ~bilitics under the Fair Credit Billing Act. Notify Us in Case or ElTOrs or Qu~OI1.$ AboQt Your Bill If you think your bill is wrong. or if you need more information about an entry on your bill, write us. on a separate sheet, at the following J.ddrcss: First Select Corporation, P.O. Box 91Q4. Pleasantoa, CA 94566. Write to tIS as soon. as E70ssibJe. We must hear .from you no later than 60 days after we sent ).ou the .first bill on which Ute error Qr problem appeared.. You C:1I1 telephone us. but doing so will not prt:Serve your rights. In your lener, give US the following: ~ Your name and Account number. . The dollar amount of the suspected error. . Describe the mor and explain, if you can, why you be]jeve there is an error. lfyou need more information,. describe tb.: item you are not sure about. Your Rights llI1d Our Responsibilitia After\Ye Re<:eive Your Written :-tonce We must acknowledge your letter within 30 days. unless we have CQrrer:ted the error by then. Wi~ 90 days-, we must either correct th~ err~ or e~la.in why we believe the bill was correct. After we receive vour lettet, we c:mnot try to collect or report you as delInquent as to any 3.mount you question. II1Cludmg financ: charges. We can apply any unpaid amount aga.inst your credit line. You do not have to pay any questioned amount while we are investigWng, but you are still oaljglUed to pay the parti: of the bill thac Me rwt in question. Ifwe fmd thai we made a mistake on your bill. you will not ha....e to p~y Jny fmance charge re~ to any questioned .amounL ifwe ~id not make a mistake. you may ha.ve- to. pay finance: charges., ann you wiU.have. to mak~.:up ~~.~, p~rme~ on th~ 9.,:~~ed amounL rn eIther.case. we WIll send ~u a sta.temea~ of tho:!: Jmount you owe:md the date that it is due. lfyou fail to pa.y th,= uttount we think you owe, we may report you as do:!:lmquenL However. Iro~r.e:qlIOlIl3.~on dOd not satisfY you and you wric~ to us 'Nir.hin 10 days telling us that you stiU ~fus.e to pay, we mus: tell anyone we report you to Ifu1t you question y~ur_ bill. . A...-ld we must tell vou the name of anyone we reponed YOU to. We must teU anyone we report you to that the maIler has bo:!:eI1 settlced between us when It finally IS. lfwe do not follow rh~e rules, we cannot coJIectw first S50 ofth,=questioned amount even if your bill was COtTe\.'t. SpectaJ. Rule for:Credit Card Purchases tryou have a problem with the qu:1lity of goods (lJldservic~ ~,a.~ you purehased with your CHASE. c.redilc:u'd:tnd you ~...~ tri~d in goo~ f~~th ~o .::urrec[ the problem with the merchant, you m:Ly not have to po.y the rem:umng .unount du~ o~ the goo~ or St:f\lCe5. There ~ two ltmlu~jons to, this light (.:1) y?U mllst have made the purchase in Your home Slate or. if not wi.thin your homo: st:l.te. wlthan 100 mtles of your Current rmt~mg addr.:ss: o.nd(b).the put\:huse pnce. must 1ta.ve b.:==n mon: (h:ll1 S50. These limitations do ClOt apply ir~ith~r\w or CHASE own or opmte the merchanL or Ifwf: or CHASE malh:dyou the ::!.dvertISeml::'Il lor th<:: property or servicl:S. fS,;v.., iil ;~ ~ .- -- ,. ,,= .-, -'",-, -',""'i' ~ ~~ ~ .... ... -,.. ,'. -- ~.. .... .. ""--~;.-rt"'"0;;i't ~ ~ ~ " .. ,.. f1Il1l1~_~, , ~.,!,.........4},1)"''f-'''';:;''''''!'fl'!'W<-'"", , .;Ii'" ,1'Pf!<!'f?i~,fi)i:"'i];fW~Ie~>iiJffl~",,~~R1i""'f"""i~?'" ;~~-~-