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VALERIE ROSENBLUTH PARK, ESQUIRE
Attorney I.D. #72094
PARK LAW ASSOCIATES, P.C.
25 East State Street
P.O. Box l779
Doylestown, PA 18901
(215) 348-5200
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC.
Plaintiff
VS.
STEPHEN ORR
NOTICE:
NO. 00- J>?6/
eUll~
Defendant
You have been sued in Court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by an
attorney and filing in writing with the Court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so, the case may proceed without you and a
judgment may be entered against you by the Court without further
notice for any money claimed in the Complaint or for other claims
or relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)249-3166
(800) 990-9108
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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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#:4168100011208574
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC.
4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
PLAINTIFF
VS
STEPHEN ORR
408 S WEST ST
CARLISLE, PA 17013-3855
DEFENDANT
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NO. t)tJ- :1Itrt> ~
CIVIL ACTION
1. The Plaintiff, FIRST SELECT, 'INC., is a national banking
association organized and existing under and by virtue of the laws
of the United States of America. Plaintiff solicits and maintains
consumer credit accounts in Pennsylvania and is the owner of this
account, which is the subject matter of this action.
2. The Defendant, STEPHEN ORR, has a mailing address at 408 S
WEST ST, CARLISLE, PA 17013-3855, .
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
owned by the Plaintiff bearing account number 4168100011208574.
4. The Defendant requested an account,
4168100011208574, which is owned by the
Agreement was sent to the Defendant. A
attached hereto as Exhibit "A" and made
account number
Plaintiff, and an Account
copy of the Agreement is
a part hereof.
THIS IS AN ATTEMPT TO COLLECT A DEBT.
WILL BE USED FOR THAT PURPOSE.
ANY INFORMATION OBTAINED
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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
$3,165.29 as of 09/13/2000, plus pre-judgment contractual interest
at the rate of 8.00% 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 $538.10.
WHEREFORE, Plaintiff demands that judgment be rendered in
favor of the Plaintiff, FIRST SELECT, INC., and against the
Defendant in the amount of $3,165.29, plus pre-judgment interest
at the contractual rate of 8.00% per annum from 09/13/2000 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $538.10, 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.
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.
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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WHEREFORE, Plaintiff demands that judgment be rendered in
favor of the Plaintiff, FIRST SELECT, INC., and against the
Defendant in the amount of $3,165.29, plus pre-judgment interest
at the contractual rate of 8.00% per annum from 09/13/2000 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $538.10, 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
ORDER FOR SERVICE
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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VERIFICATION
I,
HEATHER KOOREMAN
, declare that: I am
a designated agent of FIRST SELECT, INC., the Plaintiff in this
action, and I am duly authorized to make this verification on
its behalf. I have read the foregoing complaint and know the
contents thereof; that the same is true of my own knowledge,
except as to those matters stated on information and belief and,
as to those matters, I believe them to be true. I understand
that false statements herein are made subject to the penalties
of 18 Pa.C.S. Section 4904 relating to unsworn falsification to
authorities.
I declare under penalty of perjury that the foregoing are
true and correct.
Executed at Alameda County,
Date
Designated Agent
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5040 JOHNSON DRIVE
P.O. BOX 9104
PlEASANTON, CA 94.566
888-924-2000
t:XHIBIT
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F1RST SELECT
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ACCOUNT AGREEMENT
Your ASSOCIA. YES acCOUnt has been transferred to First S~lect Corporation. Your ASSOCI.'\. TES account was dosed at the time oftrus transfer: and will
~heref~t'e continue to be closed., This Account Agreement contains the terms that govern your First Select account (the" Account"). In this Agreem'enl "vou" and
'your' mean each pt:rson who IS liable for payment on the Account. "We." "our," "ours." and "us" mt:an First Select Corporation or its assignees. Becawe\lour
Account has been transfeITed to us. you are now obligated to repay the Account to us instead of ASSOCIATES, If the ACCOUnt was opened. as ajoint ilccoU'nt, we
may act on the: instructions of any joint accountholder,
Payments / FinWlce Charges. As long as you hav~ a balance outstanding on your Account, finance charges are calculated as tollows:
To fi~Te the fmance- charges for each billing cycle. we multiply lhe average daily balance on your Account by a daily periodic rate. The dailv periodic rate we
apply IS your Account's Annual Percentage Rate divided by 365. The .Annual Percentage Rate will be calculated as disclosed in vaur most reCent ASSOCIATES
account :erms (the "Origi~J Terms"). If your Original Tenns provided for different Annual Percentage Rates to be applied to dilferent compon.;:nrs of your
outstandmg balanCE; we wtll apply the lowest such Annual Percentage Rate to your entire outstanding balance.
We may. accept late orpanial payments, or pajments marked "paid in .fi.1I1" or marked with ather restrictions, without losing our right to colIect all amounts o\....ing
un~er thiS AgreemenL You may ask First Select Corporation to pay this account by debiting your checking or savings accounL First Select Corporation will first
venfy your identity and eligibility for this service. You may revoke your authorization by writing to First Select Corporation Customer Service.
Fees. We will charge your Account a fee for each billing cycle within which your Account is delinquent (late charge). The amount of the late charge will be as
disclosed in your OriginaJ Tenns or the maximum late charge permitted by the law of your stare of residence, whichever is lower,
We will.cJ:targe your .~count a fee for each returned payment check (returned check charge). The amount of the retumcd check cr-.:lt'ge will b~ as disdosad in
your Origmal Terms, or the maximum returned check charge pennitted by the law of your state of residence, whichever is lower,
To the extent provided in your Original Terms, and to the extent permitted by applicable law, in addition to your obligation t;pay the outstanding balance on your
Account, plus interest and fees as disclosed herein, we may also charge you for any collection costs we incur, including but not limited to reasonable anorneys'
fees and court costs. If your Original terms provided for an award of attorneys' fees and court COSIS, such provision as incorporated herein shall apply
reciprocally to the prevailing party in any lawsuit arising out of this Agreement
Non~Waiver of Certain Rights~ We may delay or waive enforcement ofany provision of this Agreement without losing our right to enforce it or an... other
provision later. -
Applicable Law; Severability; Assigmnent. )40 matter where you live, this Agreement and your Account are governed by federal law and by the la.w of the state
designated as the applicable law in your Original T crms. If your Original temls did not contain an applicable law provision., then this Agreement and your
Account are governed by federal law and the law of your state of residence. This Agreement is,a fmal expression of the agreement between you and us and may
not be contradicted by evidence of any alleged oral agreement. If any provision of this Agreement is held to be invalid or unenforceable, you and we will consider
that provision modified to confonn to applicable law, and the rest of the provisions in the Agreemen~ will still be enforceable, We may transfer or assign our right
to all or some of your pa)'ments. If state law requires that you receive notice 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; Personal Information. If you fail to fulfill the terms of your credit obligation, a negativr: credit report reflecting on your credit record may be
submitted to a credit reporting agency. In order to dispute any infonnation we are reporting about your Account. you must write to us at the follo\ving address:
First Select Corporation, P,O. Box 9104, Pleasanton, California, 94566. We may share information wilh our afftUates including, without limitation, hovidian
National Bank and Providian Bank. However,you may writeto us at any time instructing us not to share credit infonnatum with our atfiIiates.
YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE
This notice contains important infonnatioll .:ilicut your rights and our responsibilities UDder the Fair Credit Billing Act
Notify Us in Case of Errors or Questions About Your Bill
If you think your bill is wrong, or ifYOD needmore information about an entry on your bill, write us, on a separate sheet, at the following address: First Select
Corporation. P.O. Box 9104', Pleasanton, CA 94566. Write to us as soon as possible. We must hear from you no later than 60 days-after we sent you the first bill
on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights.
In your letter. give us the following:
. Your name and Account number.
. The dollar amount of the suspected error.
. Describe the error and explain, iiyeu can. why you believe there is an error. If you need more information, describe the item you :u-e nol sLlre about.
Your Rights and Our Responsibilities After We Receive Your Written Notice
We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why \'ii::
believe the bill was correct. After we receive your letter, we cannot try to collect or report you as delinquent as to any amount you question, including fmance
charges. We can apply any unpaid amount against your credit line. You do,not have to pay my questioned amount while we <U"e investigating,. but you :lfe still
obliga.ted to pay the parts ofilie bin that are not ill question.
Ifwe find that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amounL If we did not make a. mistake, you
may have to pay fmance charges, and you win have to make up the missed payments on the questioned amount In either case, we wiIl send you a statement of
the amount you owe and the date that it is due. !fyou fail to pay the amount.we think you owe. we may rep()rt you as delinquent. However, if o~r explana?on
doe, not satisfY you and you. write to us within 10 days telling us that you still refuse to paYr we must teU anyone we report you to that you qu.::sIlOn your btll.
And we must teU you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally i:s,
Ifwe do not follQW these rules, we cannot collect the first $50 ofIhe questioned amount even if your bill was correct.
Special Rule for Credit Card Purchases
If you have a prublem with !h.:: quality of goods and services that you purchased with your ASSOCIAT~S credit card and Y01f h.av~ tried in ~oo~ faith to correct
the probJem with the merchant you may not have to pay the remaining amount du~ on the goods or S~'lC<::S, Th~re are two limItations to thiS nght: (a) you must
have made the purchase in yo~r home state or, if not within YClUr home st:1t~, within 100 miles of your cury-ent mailing address; :md (b) [he purchas~ price must
have be<::n more thu11350, These limit:i.tions do not apply if~ith~rwe or .-\.SSOCIATES own or operate the merchant, or if we or ASSOCIATES mailed you the
advertisement tor (h<:: property or se.rvk:cs...
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Stephen G. Orr
408 South West Street
Carlisle, PA 17013
(717) 258-6304
DEFENDANT
CUMaERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC.
4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
PLAINTIFF
VS
STEPHEN G. ORR
408 SOUTH WEST STREET
CARLISLE, PA 17013
DEFENDANT
NO. 00-8801 CIVIL TERM
ANSWER AND AFFI~TIVE DEFENSE TO CIVIL ACTION
1. The Defendant, STEPHEN G. ORR, admits to the facts as
stated in paragraphs 1 though 4 of the Plaintiff's
Action.
2. The Defendant denies the amount owed as stated in
Paragraph 6 of the Action. The Defendant calculates an
amount ~d of $2334, based on $1700 outstanding
principle acted on by 18% int~rest for one year and 8%
interest for two years.
3. The Defendant denies the assessment of legal fees
against him in Paragraph 7 of the Action, as the
Plaintiff's request does not satisfy the requirements
of the Fair Debt Collection Practices Act, Section 808,
Subsection 1 [15 use 1692f]
COUNTER CLAIM
1. The Defendant in the above stated action, STEPHEN G.
ORR, brings a counter-claim against the Plaintiff in
the above stated action, FIRST SELECT, INC.
2. FIRST SELECT, Inc, though their debt collections
agents, have purposefully and with full knowledge of
the law, cOIDmitted numerous violations of the Fair Debt
Collection Practices Act, as amended by Public Law 104-
208, 110 Stat. 3009 (Sept. 30 1996).
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3. Debt Collections Agents acting on behalf of FIRST
SELECT (or ASSOCIATES BANK, prior owner of the credit
card account numbered 4168100011208574) have:
A. Communicated information concerning this debt with
third parties in violation of Fair Debt Collection
Practices Act Section 804 Paragraph (1) and in
violation of the same Act, Section 805 subsection
(b) .
B. Contacted the consumer (STEPHEN G. ORR, Defendant
in the above stated Action) at home at times known
to be inconvenient (before 8 AM and after 9 PM) in
violation of Fair Debt Collection Practices Act Sec
805, subsection (a) paragraph (1).
C. Contacted STEPHEN G. ORR at his place of employment
(after Mr. Orr expressly informed the Debt
Collection Agent that such contact was prohibited
by his employer) in violation of Fair Debt
Collection Practices Act Sec 805 Subsection (a)
paragraph (3).
D. Used language the natural consequence of which was
to abuse the hearer in violation of Fair Debt
Collection Practices Act Section 806 Paragraph (2).
E. Caused the telephone to ring repeatedly or
continuously with intent to annoy and harass in
violation of Fair Debt Collection Practices Act
Section 806 Paragraph (5).
F. Made false statements indicating that the caller
was an attorney in violation of Fair Debt
Collection Practices Act Section 807 Paragraph (3).
G. Threatened to take legal action when such action
was in fact not intended in violation of Fair Debt
Co1l~ction Practices Act Section 807 Paragraph (5).
WHEREFORE, STEPHEN G. ORR demands that judgement be
rendered in his favor and against FIRST SELECT, INC, in
the amount of $1000 dollars for each of the violations
listed in Paragraph 3, subparagraphs A though G above,
in accordance with Fair Debt Collection Practices Act
Section 813 Subsection (a) Paragraph (2) (A), for a
total judgement not to exceed any judgement rendered
against him in favor of FIRST SELECT Inc.
BY:
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VERIFICATION
I, Stephen G. Orr, declare that:
I am the Defendant in the above stated Action and the
Counter-plaintiff in the Counter-claim stated above. I
have read the foregoing complaint and counter-claim and
know the contents thereof; that the same is true of my
own knowledge, except 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
falsifications to authorities.
I declare under penalty of perjury that the foregoing
are true and correct.
Executed at Cumberand County, Commonwealth of
Pennsylvania.
/LlR1A-7 dool
Date,
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VALERIE ROSENBLUTH PARK, ESQUIRE
Attorney I.D. # 72094
PARK LAW ASSOCIATES, P.C.
25 E. STATE STREET
DOYLESTOWN, PA 18901
(215) 248-5200
ATTORNEY FOR PLAINTIFF
FIRST SELECT, INC.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff
VS.
STEPHEN ORR
Defendant
NO. 00-8801
PLAINTIFF'S RESPONSE TO COUNTERCLAIM
1. Denied. It is denied that the Defendant properly brings a
Counter claim against Plaintiff in the above captioned matter
since the Defendant failed to serve Plaintiff with a copy of the
Counterclaim.
2. Denied. The allegations contained in this Paragraph are
Conclusions of Law to which no response is required under the
Rules of Civil Procedure. By way of further answer, Plaintiff
specifically denies that it violated any part of the Fair Debt
Collection Practices Act in that Plaintiff is the creditor and is
not subject to the restrictions of the Fair Debt Collection
Practices Act.
3. A. Deni~d. The allegations contained in this Paragraph are
Conclusions of Law to which no response is required under the
Rules of civil Procedure. By way of further answer, Plaintiff is a
creditor and is not subject to the restrictions of the Fair Debt
Collection Practices Act. Plaintiff specifically denies
communicating information concerning this debt with third parties
in violation of the Fair Debt Collection Practices Act.
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B. Denied. The allegations contained in this Paragraph are
Conclusions of Law to which no response is required under the
Rules of Civil Procedure. By way of further answer, Plaintiff
specifically denies that it contacted the consumer at times known
to be inconvenient.
C. Denied. The allegations contained in this Paragraph are
Conclusions of" Law to which no response is required under the
Rules of civil Procedure. By way of further answer, Plaintiff
specifically denies that it violated the Fair Debt Collection
Practices Act by contacting the Defendant at his place of
employment after being informed that such contact was prohibited
by his employer.
D. Denied. The allegations contained in this Paragraph are
Conclusions of Law to which no response is required under the
Rules of Civil Procedure. By way of further answer, Plaintiff
specifically denies that it used language intended to abuse the
hearer in violation of the Fair Debt Collection Practices Act.
E. Denied. The allegations contained in this Paragraph are
Conclusions of Law to which no response is required under the
Rules of Civil Procedure. By way of further answer, Plaintiff
specifically denies that it caused the telephone to ring
repeatedly or continuously with intent to annoy and harass the
Defendant.
F. Denied. The allegations contained in this Paragraph are
Conclusions of Law to which no response is required under the
Rules of civil Procedure. By way of further answer, Plaintiff
specifically denies that it made false statements indicating that
the caller was an attorney.
G. Denied. It is specifically denied that the Defendant
threatened to take legal action when such action was in fact not
intended since the Defendant has in fact filed a legal action
against the Defendant. The remaining averments of this paragraph
are conclusion of Law.
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WHEREFORE, Plaintiff respectfully request that this honorable
court enter Judgment in favor of Plaintiff and against Defendant
in the amount requested in Plaintiff's Civil Complaint and dismiss
Defendant's Counterclaim.
Respectfully Submitted,
Park Law Associates, P.C.
ROSENBLUTH PARK, ESQ.
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VALERIE ROSENBLUTH PARK, ESQUIRE
Attorney I.n. #72094
PARK LAW ASSOCIATES, P.C.
25 E. State Street
Doylestown, PA 18901
(215) 348-5200
ATTORNEY FOR PLAINTIFF
FIRST SELECT, INC.
Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
VS.
STEPHEN ORR
Defendant
NO. 00-8801
CERTIFICATE OF SERVICE
Valerie Rosenbluth Park, Esquire certifies that she is the
attorney for the above named Plaintiff in the instant action and
that on April 10, 2001, she served a true and correct copy of the
Plaintiff's Response to Counterclaim, by mailing the same by U. S.
Mail, postage paid, to the person and at the address set forth
below:
Stephen Orr
Defendant Pro Se
408 South West Street
Carlisle, PA 17013
PARK LAW ASSOCIATES, P.C.
BY:
V IE ROSENBLUTH PARK, ESQUIRE
ATTORNEY FOR PLAINTIFF
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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, INC.
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff
VS.
STEPHEN ORR
Defendant
CIVIL ACTION - LAW
NO. 00-8801
CERTIFICATE OF SERVICE
Valerie Rosenbluth Park, Esquire certifies that she is the
attorney for the above named Plaintiff in the instant action and
that on January 4, 2002, she served a true and correct copy of the
Motion for Summary Judgment, and Memorandum of Law by mailing the
same by regular mail, postage paid, to the person and at the
address set forth below:
STEPHEN ORR
DEFENDANT, PRO SE
408 SOUTH WEST STRE
CARLISLE, PA 17013-6855
PARK LAW ASSOCIATES, P.C.
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BY:
V ERIE ROSENBLUTH PARK
Attorney for Plaintiff
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and subnitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter f= the next Argm1ent Court.
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CAPTION OF CASE
(enti:re caption must be stated in full)
FIRST SELECT, INC.
(Plaintiff)
vs.
STEPHEN ORR
( Deferrlant)
No. 8801
Civil 2000
19
1. State matter to be argued (i.e.. plaintiff's nntion for new trial.. deferrlant's
demurrer to canplaint. etc.): Plaintiff's Motion for Summary Judgment.
**PLEASE DECIDE ON BRIEFS ALONE**
2. Identify counsel who will argue case:
(a) f= plaintiff:
Address:
VALERIE ROSENBLUTH PARK, ESQUIRE
Park Law Associates, P.C.
25 East State Street, P.O. Box 1779
Doy1estown, PA 18901
(h) for deferrlant:
Address:
STEPHEN ORR
Defendant, Pro Se
408 South West Street
Carlisle, PA 17013-6855
in writing within bio days that this case has
3.
I will notify all parties
been listed for argunent.
4. Argunent Court Date:
Dated: Plaintiff
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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
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND, PENNSYLVANIA
FIRST SELECT, INC.
Plaintiff
VS.
STEPHEN ORR
Defendant
NO. 00-8801
NOTICE TO PLEAD
TO: STEPHEN ORR
You are hereby notified to file a written response to the
enclosed Motion within twenty (20) days from service hereof or a
judgment may be entered against you.
PARK LAW ASSOCIATES, P. C /
BY: VALERIE ROSENBLUTH PARK
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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
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND, PENNSYLVANIA
FIRST SELECT, INC.
Plaintiff
VS.
STEPHEN ORR
Defendant
NO. 00-8801
o R D E R
AND NOW, to wit, this
day of
2001, upon consideration of Plaintiff's Motion for Summary
Judgment, Memorandum of Law, and the response of Defendant, if
any, Judgment is hereby entered on behalf of the Plaintiff, FIRST
SELECT, INC., and against the Defendant, STEPHEN ORR , in the
amount of $3,165.29 plus interest at the contract rate of 8.00%
per annum from 09/13/2000, plus reasonable attorney's fee in the
amount of $538.10, plus costs.
BY THE COURT:
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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
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND, PENNSYLVANIA
FIRST SELECT, INC.
Plaintiff
VS.
STEPHEN ORR
Defendant
NO. 00-8801
MOTION FOR SUMMARY JUDGMENT
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
The Plaintiff moves the Court to enter an Order for Summary
Judgment and states the following reasons therefore:
1. The Complaint in the above captioned matter was filed on
12/27/2000 and service was made upon the Defendant on 12/29/2000.
2. On or about 11/21/2001, the Plaintiff, by its attorney,
served upon the Defendant an original Request for Admissions
addressed to the Defendant. A true and correct copy of said
transmittal letter and Request for Admissions are attached hereto,
made a part hereof, and marked Exhibit "A".
3. As of this date, the Defendant has failed to file its
Answer to the Request for Admissions within thirty (30) days after
service as mandated by Pennsylvania Rule of civil Procedure No.
4014.
4. In accordance with Pennsylvania Rule of Civil Procedure
No. 4014, as a result of Defendant's failure to respond and answer
the Request for Admissions, all of the Request for Admissions are
deemed admitted.
5. There are no genuine issues as to any material fact and
the Plaintiff is entitled to Judgment as a matter of law.
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6. The Defendant, by its failure to answer the Request for
Admissions, admitted its obligation to the Plaintiff as claimed in
Plaintiff's Complaint and admitted there are no facts upon which
it relied-as a basis for any defense in this action.
WHEREFORE, Plaintiff prays that the Court enter Summary
Judgment in its favor and against the Defendant in the amount of
$3,165.29 plus interest at the contract rate of 8.00% per annum
from 09/13/2000, plus reasonable attorney's fee in the amount of
$538.10, plus costs.
PARK LAW ASSOCIATES, P.C.
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BY:
VALERIE ROSENBLUTH PARK, ESQUIRE
ATTORNEY FOR PLAINTIFF
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PARK LAW ASSOCIATES
A PROFESSIONAL CORPORATION
25 EAST STATE STREET. SUITE 101
P.O. BOX 1779
DOYLESTOWN. PENNSYLVANIA 18901
VALERIE ROSENBLUTHPARK*+
ROBERT E. ANGST*
TELEPHONE (215) 348-5200
FACSlMlLE (215) 348-4015
.ALSQ MIlMBERNJ BAR
+ALSO MEMBERl'lBAR
November 21, 2001
STEPHEN ORR
408 S WEST ST
CARLISLE, PA 17013-3855
RE: FIRST SELECT, INC.
VS: STEPHENORR
OUR FILE NO: 21273-1
, Dear STEPHEN ORR:
I am enclosing herewith the following:
(1) An original of Request for Admissions addressed to you;
(2) An original of Interrogatories addressed to you;
(3) Plaintiff's Request
addressed to you.
for
production of
Documents
Do note that, this office will consider your having complied
with the Request for production of Documents, if copies of all
documents which you propose to produce are submitted to this
office two (2) days before the date set forth in the Request for
Production of Documents.
Please be advised that we intend to submit all documents
attached hereto and Plaintiff's Complaint as evidence at the
upcoming Arbitration and/or Trial.
Very truly yours,
" P.C.
BY: VALERIE ROSENBLUTH PARK, ESQ.
VRP/E3W
Enclosures
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 E. STATE STREET
DOYLESTOWN, P~ 18901
(2ls) 348-5200
ATTORNEY FOR PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
FIRST SELECT, INC.
PLAINTIFF
VS.
STEPHEN ORR
DEFENDANT
I NO.
00-8801
PLAINTIFF'S REQUEST FOR ADMISSIONS AND ACCOMPANYING
INTERROGATORY TO DEFENDANT
TO : STEPHEN ORR
408 S WEST ST
CARLISLE, PA 17013-3855
Pursuant to Pennsylvania Rule of civil Procedure No. 4014,
the undersigned attorneys for FIRST SELECT, INC. hereby request
that STEPHEN ORR make the following admissions within 30 days
after service, for the purpose of this action only subject to
all pertinent objections as to relevancy: Admit to the truth of
each of the matters set forth in the Request for Admission
included herein; make a written response, sign the same, swear
to --it, and deliver it to the attomey for the Plaintiff herein
within thirty (30) days a~ter the date of the service.
YOU ARE INSTRUCTED:
1. These Requests for Admissions and accompanying
Interrogatory are directed to the Defendant, its/his/her
officers, employees, agents, servants, assigns, representatives,
past and present, and unless privilege is claimed, each and
every attorney, past and present, of each and every such
individual or entity. As used herein, "Defendant," "you" and
"your" means the Defendant to which these Requests for
Admissions and accompanying Interrogatory are addressed,
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its/his/her officers, employees, agents, servants, assigns,
representatives, past and present, and unless privilege is
claimed, each and every attorney, past and present, of each and
every such individual or entity.
2. These Requests for Admissions and accompanying
Interrogatory encompass all information, documents and records
that are in the possession, control, or custody of Defendant or
any of its officers, employees, agents, servants, attorneys and
assigns.
3. If any objections are made to any request for
admissions or to the acco~pany interrogatory, the reasons
therefore shall be stated.
4. If there is any claim of privilege relating to any
request to admit, or interrogatory, you shall set forth fully
the basis for the claim of privilege, including the facts upon
which you rely to support the claim of privilege in sufficient
detail to permit the court to rule on the propriety of the
privilege.
5. If your response to any request is not an unqualified
admission, your answer shall specifically deny the matter or set
forth in detail the reasons why you cannot truthfully admit or
deny the matter.
6. A denial shall fairly meet the substance of the
requested admission, and when good faith requires that you
qualify your answer or deny only a part of the matter of which
an admission is requested, you should specify so much of it as
is true and qualify or deny the remainder.
7. You may not give lack of information or knowledge as a
reason for failure to admit or deny, unless you state that you
have made reasonable inquiry and that the information known to
you or readily obtainable by you is insufficient to enable you
to admit or deny.
8. These request for admission and interrogatory are
continuous in nature and must be supplemented promptly if
Defendant obtains or learns further or different information
between the date of the response and the time of trial by which
Defendant knows that previous response was incorrect when made,
or though correct when made, is then no longer true.
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9. Unless otherwise indicated, the time period to which
these Requests for Admission and Interrogatory are directed is
from the date of the original account opening through the
present.
10. This request seeks the admission of the genuineness of
various documents. In some cases, there are printed number and
letter codes that run along the bottom of particular documents.
In other cases, the word "evidence" and other identification
marks may be affixed to the document. Such numbers, letters and
identifying words were affixed during the accumulation and
copying of the documents for this case and are not to be
considered part of the document itself, except for purposes of
referencing the document. The request does not seek Defendant's
admission regarding the accuracy and genuineness of those
numbers and letters, but only of the document on which those
numbers and letters have been placed.
11. If you are held or are sued in more than one capacity,
or if your answer would be different if answered in any
different capacity such as a partner, an agent, corporate
officer/director, or the like, then you are required to answer
separately in each such capacity.
Further, that pursuant to Pennsylvania Rule of Civil
Procedure No. 4019, if at trial or during hearing, a party who
has requested admissions as authorized proves the matter which
the other party has failed to admit as requested, the Court on
Motion may enter an Order passing as costs against the other
priority, the reasonable expenses incurred in making such a
proof, including attorney's fees.
DEFINITIONS
1. All verbs are intended to include all tenses.
2. References to the singular are intended to include the
plural and vice versa.
3. "Any" as well as "all" shall be construed to mean "each
and every."
4. "And" as well as "or" shall be construed disjunctively
as well as conjunctively, as necessary, in order to bring within
the scope of these requests all information that might otherwise
be construed to be outside their scope.
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5. "Refer to" or "relate to" means constituting, defining,
describing, discussing, involving, concerning, containing,
embodying, reflecting identifying, stating, analyzing,
mentioning, responding to, referring to, dealing with,
commenting upon, or in any way pertaining to.
REQUEST FOR ADMISSIONS
1. Do you admit that you were the owner of the credit
account which was transferred to Plaintiff as evidenced
by the Officer's Assignment which is attached hereto as
Exhibit "P-l".
2. Do you admit that you were assigned an account number
of 4168100011208574 on your credit account from Plaintiff?
3. Do you admit that at the time your account was
transferred to Plaintiff you received a copy of
Plaintiff's Credit Account Agreement? A true and
correct copy of said document is attached hereto, made
a part hereof and marked Exhibit "P-2".
4. Do you admit that as of 09/13/2000 you were indebted to
the Plaintiff in the amount of $3,165. 29?
5. Do you admit that you used Plaintiff's credit account
issued to you to obtain goods and/or services?
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6. Do you admit that there are no offsets or credits which
are due you from the Plaintiff since 09/13/2000 in
accordance with the Credit Card Agreement?
7. Do you admit that you had not paid Plaintiff any
payments for goods and/or services obtained through the
use of the Credit Card Account since 09/13/2000?
8. Do you admit that you agreed to pay Plaintiff a
reasonable collection costs or attorney's fees incurred
to collect any delinquent or past due balance?
9. Do you admit that Plaintiff's attorney fee of $538.10
requested in Plaintiff's Complaint is a reasonable
attorney fee to effectuate collection of the past due
balance?
10. Do you admit that pursuant to the terms of your Credit
Account Agreement, you agreed to Plaintiff's interest
rate which was 8.00% at the time of your default?
11. Do you admit that as of November 21, 2001 you owe a
total of $4,090.08 to Plaintiff which includes the
principal amount owed plus interest at the legal rate
and attorney fees.
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12. Do you admit that there are no facts on which you rely
as a basis for any defense in this action?
13. Do you admit that there are no documents, writings,
papers, or letters which you intend to utilize as
evidence of or as a basis for any defense in this
action?
14. Do you admit that attached hereto, made a part hereof
are true and correct copies of the records of the
Plaintiff showing the charges and credits incurred
through your use of the credit account issued to you.
A true and correct copy of said statements are attached
hereto, made a part hereof and marked collectively "P-
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15. Do you admit that pursuant to the terms of your credit
account agreement, you agreed to Plaintiff's interest
rate which was 8.00% at the time of your default?
16. Do you admit that each of the documents attached as
exhibits to the Plaintiff's Complaint and to the
Request for Admissions is a true and correct copy of
the original document and is admitted as being genuine
and authentic?
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17. Do you admit that each document identified above as an
Exhibit is a business record of the Plaintiff for the
purpose of its admission into evidence at the trial of
this ,action?
PARK LAW ASSOCIATES, P. C. '
BY:
ESQ.
I understand that false statements made herein are subject to
the penalties of 18 Pa.C.S., Section 4904, relating to unsworn
falsification to authorities.
BY:
STEPHEN ORR
Defendant
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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OFFICER'S CERTIFICATE
FIRST SELECT, INC.
ACCOUNT NUMBER:
4168-1000-1120-8574
ACCOUNTHOLDER NAME:
STEPHEN ORR
In my capacity as Operations Officer of First Select, Inc., I hereby certify the following:
I. First Select, Inc. is the owner of the account referenced above. The account was acquired from Associates
National Bank (Delaware) ("Seller"). The acquisition of this account is evidenced by the copy of assignment of
accountslbill of sale attached to this Officer's Certificate.
2. Seller informed First Select, Inc., in connection with the account's acquisition, of the following information:
Associates National Bank (Delaware) Account Number:
4621-2006-8228-7831
Customer Name:
STEPHEN ORR
By: Jamie~//~-
Title: Operations Officer
Date: March 16, 2001
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BILL OF SALE
For value received and in fur-..b.er consideration of t'1.e mutL!a! covenants and conditions set
forth in the Receivables purchase Agreement (the "Agreement") dated August 13, 1999, by and
among ASSOCIATES NATIONAL BA.J."\j1( (DELA W.A..RE), a national banking association
("Seller"), and First Select Corporation, a California corporation ("Purchaser"), and by the terms of
the Agreement, the undersigned has bargained and sold and by these presents does now grant,
convey, sell, tr<>IlSfer and assign unto Purchaser,.and its successors, all of the accounts receivable,
loans re~eivable, notes receivable and contract rights transferred to Purchaser today by camp\lter
transmi.Ssion as evidenced by the ar..a.ched verillcation (collectively the "Accounts" and singularly
an "AccoUo.l.t").
. IN WITNESS WB:EREOF, on this August 13,1999, Seller has executed this Bill of Sale
and affi.."'{ed Seller's corporate seal to it.
ASSOCL-\T.ES NATIONAL BANK (DELAWARE)
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Take advantage of these
special benefits before
08/29/2000!
New First Select Account Number:
4168-1000-1120-8574
Old ASSOCIATES Account Number:
4621-2006-8228-7831
Current Balance: $3,111.80
Dear STEPHEN ORR:
We're pleased to inform you that your ASSOCIATES account has been transferred to First Select, and you will be
receiving monthly statements from us in the future. Your First Select account number appears above, and your new Account
Agreement is enclosed.
We understand that you may be concerned about your new relationship with us, since your ASSOCIATES account was
closed for non-payment and is currentlyin default
Yes, we do expect you to pay your debt. But, we're ready and eager to create a payment plan that works for you.
We have three basic plans that can be customized to meet your particular needs. (See the second page of this letter for
details.) We even have an automatic payment option called PaySmart'" , which is an easy and convenient way to make your
payments.
It's important that you enroll in a plan because_.
WE WILL MATCH A PORTION OF EVERY MONTHLY PAYMENT
to hep you cut through your debtf asterl
Then, we may also:
. lower your Annual Percentage Rate
. become an excellent credit reference for you
. help you obtain a new VISA 01 card from our affiliate
We need you to make the next move. Either return the Response Card or call us at 1-888-924-2000. Our
representatives are ready to help you customize your plan!
You will be treated with dignity, respect, and trust.
Very truly yours,
/l~"o40e
Arthur Price
Senior Vice President
P.S. These special benefits will not be available to you after 08/29/2000.
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IMPORTANT LEGAL NOTICE
Federal law giv.. you 30 days afteryou receive this letter to dispute the validity of the debt or any part ofit. If you do not dispute the validity offhe debt, or any part ofi~ within
that period, we will assume that the debt is valid If you dispute the debt, or any part of i~ in writing-by mailing us anotice to that effee! on or before the 30th day fullowing the
eWe.you reeo:ivecl.1his letter-we will obtain and ~ to you J.'."'!of(verifieati~n) of~e debt ~d if, within the s~ perioo, you ~ "! writing the name and address oftite
ongittal creditor (if different from the cummt creditor). we will furnish you WIth that infonnatlon too. Ifwe do receive a tUnely written notice. aU efforts to collect thlS debt will
be suspended until we mail any required infonnation to you.
The purpose of this communication is to collect a debt; any information obtained will be used for collecting the debt.
ACCOUNT AGREEMENT
Your ASSOCIATES account has been transferred to Fint Selee!. Your
ASSOCIATES account was closed at the time of this transfer and will therefore
continue to be closed. This Account Agreement contains the tenns that govern your
First Select account (the "Account"). In this Agreement, "you" and "your" mean
each person who is liable for payment on the Account. 1'We," "our," and "118" mean
First Select or its assignees. Because your Account has been transferred to us. you
are now obligated to repay the A&count to us instead of ASSOCIATES. If the
Acct)UDt was opened as a joint account. we may act on the instmctions of any joint
account holder.
PaYlJ1entslFlnance Charges.. As long as you have a balance outstanding on your
Account, finance oharges are calculated as follows:
To figure the finance charg.. fur each hilling cycle, we multlply the average daily
bala:nce on your account by a daily perioctic rate. The daily periodic rate we apply is
you. A&count's Annual Percentage Rate divided by 365. The Annual Percentage
Rat. will be calculated as disclosod in your mc.st recent ASSOCIATES acccunt
tenns (the "Original Terms". If your Original Terms provided fur dilf~Annual
Percentage Rates to be applied to different components of your ~ding b~ce,
we \Vill apply the lowest such Annual Percentage Rate on your entire outstanding
balance.
W. may accept late or partial paymenta, or paymenta marked "paid in full" or .
marked with other restrictions. without losmg our right to collect all amounts owmg
undur this Agreement. You may ask Fint Selee! to pay your Account by debiting
, your checking or savinl!1l aecounL First Selee! will first verilY yoor identity and
eligibility for this service. You may revoke your authorization by writing to First
Self:ct CustOIDel' Service.
Fees. We will tharge your Account a fee for each billing cycle within which your
A&count is delinquent (late charge). The amount of the late cberge will b. as
disclosed in your Original Terms or tite maximum late charge pormitted bytite law
of your state of residence. whichever is lower.
We willcbarge your A&eount a fee for each returned payment check (returned check
charge ~ The ,,",ount of the returned check charge will be as disclosed in your
Original Terms, or the maximum returned check cberge permitted by the law of your
stale of residence, whichever is lower.
To the extent provided in your Original Terms and to the extent permitted by
applicable law. m addition to your obligations to pay the outstanding balance on your
~ount. plus interest and fees as disclosed herein, we may also charge you for any
collection costs we incur. including but not limited to reasonable attomey's fees and
cou.rt costs. If your Original Terms pro-vided for an award of attorney's fees and
cOUrt costs. such provision as incorporated herein shall apply reciprocally to the .
provalling party in any lawsuit arising out of this Agreement.
NO....Waiver orCertain 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.
AppHcable Law, Severability, Assignment. No matter where you live, this
Agreement and your Account are governed hy federal law and by titel:'w of the stale
d..ignated as the applicable law in your Original Terms. If your Original, Terms did
not contain an applicable law provision, then this Agreement and your Ac:Count are
governed by federal Jaw and the law of your state ofresidence. This Agreemt:M is a
final expression of the agreement between you and w: ~ may.not be coc!ra;dicted
by evidence of any al1eged oral agreement. If a pl"OV1S1on of this agreement IS held to
be invalid or unenforceable. you and we will consi~~ provision modifi~ t~
cOllform to applicable law, and the rest of the proviSIon m the Agreement will still be
enforceable. We may transfer or asaign our right to all or sume of your payments. If
state law requkes that you receive notice of such an eventto.protect the ~ or
the assi.gnee. we may give you such notice by filmg a financmg statement With the
slate's Secretary of State.
Outomer Service. For general questions regarding your First Select account,.
pl~ call our toIl-free seMce number, 1--88~924-2000. For quality assurance
purposes, and to improve customer setVice and security, telephone calls to or from
our offices may be monitored or recorded.
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Credit Reporting: Personal WormatiolL If you fail to fulfill the terms of your
credit obligation, a negative credit report rellecting on your credit record may be
submitted to a credit reporting agency. In order to dispute any information we are
reporting about your Account. you must write1o'us at the follOwing addre$s: FUst
Select. P.O. Box 9104, Pleasanton, Califomia94.:i66. We mav ~,infonnation
with our affi~e!1. incJ~n~ without limitation. Providi'an NatiQna1 Bank and
Providian B However. YOU maY vvrite to us at anv time instructine- us not to
share credit ;n~lrt1nn with our affiliates
YOUR BILLING IDGHTS - KEEP THIS NOTICE FOR FUTURE USE
This notice conWm important information about your rights and our responsibilities
under the Fair Credit Billing Act.
Notify Us In Case or Errors or Questions About Your DOl
If you think your bnt is wrong, or if you need more information about an entry on
your bll~ write us, OIl a separate sheet, at the following address: F"ust Select, P.O.
, Box 9104, Pleasanton, Ca1ifumia, 94566. Write to us as soon as possible. We must
beer from you no la,er than 60 days after we _ you the tint hill on which tite error
or problem appeared. You can telephone us, but doing so will not preserve your
righta.
In titeletter, give us the following:
- Your name and Account number.
- The dollar amount of the suspected error.
- A deaeription of the error and an explanalion, ifpossihle, of why yon believe
there is an error. If you need more information" describe the item you are not sure
about.
Your Rights and Our Responsibilities After We Receive Your Written Notice
We must acknowledge your letter within 30 days, unless we ba.ve corrected the error
by then. Within 90 days, we muat either cOIreCt the error or explain why we believe
the bill was correct. After we receive your letter. we cannot !rY to collect or report
you as delinquent as to any amount 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 investigating. but you are still obligated to pay the
parte of the hilI that are not in question.
Ifwe find that we have made a mistake on your bill, you will not have to pay any
linance charge related to any questioned amount. Ifwe did not make a mistake, you
may have to pay finance charges. and you will hava to make up the missed paymenta
on the questiQDeCi amouQt., In either case. we will send you a statement oftbe .
amount you OWe. And the date that it is due. .Ifyou fail to, pay the. amount we think.
you owe, we may report you as delinquent. However, if our explanation does not
satisJY you and you write to us within 10 days telling us that you still refuse to pay,
we must tell anyoDe we report you to that you question your bin. And we ~ust tell
you tite name ofanyone we reported you to. We must tell anyone we report you to
that the matter has been settled between us when if:finally is. IfWel do not follow
these I1Iles~ we cannot collect the first $SO of the questioned amount even if~ur bill
was correct.
Special Rule for Credit Card Purchases
!fyou have a problem with the quality of goods and services that you purchased with
your ASSOCIATES =<Ii, card and you have tried in good faith to ooaect the
problem wi.th the merchant, you may not have to pay the remaming amount due on
the goods or services. There are two 1imitationa to this right: (al you mu,! ~ve
made the purchase in your home state or, ifnot within. your home state. within 100
mil.. of your current malling address; and (h) the purchase price must have been
more1han S50. These limitationa do not apply if either we or ASSOCIATES own or
operate tite merchant, or we or ASSOCIATES mailed you the advertisement for Ule
property or services.
"~~~ ~~.'
..
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ACCOUNT NUMBER
PAYMENT DUE DATE MINIMUM PAYMENT AMOUNT ENCLOSED
(fll...' 1_' IS
Make Checks Payable To
Flm Select Corporation
4168-1000-1120-8574
STEPHEN ORR
408 S WEST ST
CARLISLE PA 17013-3855
If you are able
to pay your
balance IN FULL
now, the
amount due is:
Page I of 1
oaaooo
$3,185.28
4168100011208574031852803185280
Access to credit Is essen1lalln today's world.
Bringing your First Select account to a PAID status would be all
Important step lonnl Improving your credit record aDd restorlDg
your access to credit. Call us to discuss payment options.
ACCOUNT SUMMARY CUSTOMER SERVICE PHONE NUMBER PAYMENT INFORMATION
Previous Balance 53,165.Z9 1-800-280-0559 NEW BALANCE S3,185.Z8
- Credits .00
- Payments .00 Available Credit 50.00
+ Debits .00 Account Number 4168 1000 11Z0 8574 Minimum Payment S3,185.Z8
+ FINANCE CHARGE 19.99 Payment Due Date 11/04/00
+ Late Charge .00 Average ANNUAL Daily
+ Reblrned Cheek Charge .00 Statement Date
= NEW BALANCE $3,185.28 Account Balance Daily PERCENTAGE Periodic 10/10/00,
Balance RATE Rate
2' Days In
Balanee 53,144.93 8.00% .0219% Billing Cycle
307676000 1521 15Z1
996000000000000000000
We are ft.quind ta d1sdase thls hd'amllllloJllo)'Om
THIS IS AN ATIEMPT TO COLLECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
FAST t EASY PAYMENTS!!
Call us Immediately to automate your payments tlno,ugh our free sen'lce.
"11
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ACCOUNT NUMBER
4168-1000-1120-8574
PAYMENT DUE DATE
IiIIII1t1fi:1
MINIMUM PAYMENT
lalRll?jl
AMOUNT ENCLOSED
IS
Make Checks Payable To
First Select Corporation
STEPHEN ORR
408 S WEST ST
CARLISLE PA 17013-3855
Page I of I
000000
2211
If you are able
to pay your
balance IN FULL
now, the
amount due is:
$3,206.78
4168100011208574032067803206780
Access to credit Is essential In today's world.
Bringing )'our First Select account to a PAID status would be an
Important step toward Improving your credit record and resloriDg
your access to credit. Call us to discuss payment options.
ACCOUNT SUMMARY CUSTOMER SERVICE PHONE NUMBER PAYMENT INFORMATION
Previous Balance 53,185.28 1-800-280-0559 NEW BALANCE 53,206.78
- Credits .00
- Payments .00 Available Credit 50.00
+ Debils .00 Aecount Number 4168100011208574 Minimum Payment 53,206.78
+ FINANCE CHARGE ZI.50 Payment I?ue ~a~e lZ/05/oo
+ Late Charge .00 Average ANNUAL ; Daily
+ Returned Cbeek Charge .00 Statement Date
= NEW BALANCE $3,206.78 Account Balance Daily PERCENTAGE Periodic 11/10/00
Balance RATE Rate
31 Days in
Balance 53,165.01 8.000/0 .0%19% Billing Cyeln
307676000 15Z 1 1521
996000000000000000000
We an re(pured 10 disclose Ulls IDftlnaatlo1l to )'Ow
TillS IS AN ATIEMPT TO COLLECT A DEBT. ANY INFORMATION
OBTAINED WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT.
FAST, EASY PAYMENTS!!
Call us Imme1llately to automate four payments through our free service.
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Accoum NUMBER
NEW BALANCE as
of 12/11/00
S3,z28.43
PAYMENT DUE MINIMUM PAYMEm AMOUNT ENCLOSED
DATE
;i~~mll{gII4.I!_1_i{iill $
M,ake check payable to
First Select
4168-1000-1120-8574
STEPHEN ORR
408 S WEST ST
CARLISLE PA 17013-3855
Page I of I
DllDDDD
''''
4168100011208574032284303228430
AVOID LEGAL ACTION
We may be forced 10 direct our allorney to file a lawsuit against you. Call us
Immediately 10 discuss payment options.
ACCOUNT SUMMARY
Account Numbcr: 4168-1000-1120-8574
PreVIous Balance
- Payments
- Credits
+ Debits
+ FINANCE CHARGE
+ Late Charge
+ Returned Cbeck Charge
= NEW BALANCE
$3,206.78
.00
.00
.00
21.65
.00
.00
$3,228A3
AT YOUR SERVICE:
1-800-280-0559
307676000 1511 1511
996000000000000000000
RATE SUMMARY
A ..rage Daily .
BalaDte
Daily Pcriodic ANNUAL Number of Days in
Rate PERCENTAGE RATE BiDing Cyclc
BiDing Cycle Closing
Date
S3 186 45
.0219% 8.000/0 31
11/11'00
We lU'I: requlrelllo cUsdose IllIs lDtormaUOIl to )'1111:
THIS ~I1k 1$_~Qt\!.{LQ!'13.J.f.9lkk",9~J}. T,:tI~i~~T~1pJ1'U~T;r,q .f~h~t,<;'1,t' DEBT
';'~
.. I~ ~
ACCOUNT NUMBER NEW BALANCE as PAYMENT DUE MINIMUM PAYMENT AMOUNT ENCLOSED
0101/10/01 DATE
4168-1000-1120-8574 S3,249.53 IJ.fDIlB .IJII..~_ $
-
STEPHEN DRR
408 S WEST ST
CARLISLE PA 17013-3855
-
Page 1 of I
0011000
:l2O
4168100011208574032495303249530
AVOID LEGAL ACTION
We may he forced to dired: our attorney to file a la'WSUlt against you. CaD us'
immediately to discuss payment options.
Make check payable to
First Select
ACCOUNT SUMMARY
Account Number. 4168-1000-1120..8574
.
Previous Balance $3,228.43
- Payments .00 AT YOUR SERVICE:
- Credits .00
1- Debits .00 1-800-280-0559
1- fiNANCE CHARGE 21.10
1- Late Charge .00
1- Returned Check Charge .00
,. NEW BALANCE $3,24953
,
307676000 1521 1521
RATE SUMMARY
996000000000000000000
Average Daily
,Balance
Daily Periodic ANNUAL Number .f Days in
Rate PERCENTAGE RATE llilling Cyele
S3 208.35
.0119% 8.00% 30
BiDing Cycle Closing
Dale
01110/01
We are ~ult'ed 10 disclose thb laformatloa 10 ~u:
THIS BI1.L IS FROM A DEBT COLLF;C;TO~. T~US~~"~.r~~fU''p ~Q!bI];.CUl DEBT
,--~"
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-
ACCOUNT NUMBER NEW BALANCE as PAYMENT DUE MINIMUM PAYMENT AMOUNT ENCLOSED
of 02/12/01 DATE
4168-1000-1120-8574 53,272.89 '~Mim{ifl~B~~ 1~~~iii~~J_~r~: $
Make ebeek payable to
First Select
STEPHEN ORR
408 5 WEST ST
CARLISLE PA 17013-3855
Page I of I
000000
220
4168100011208574032728903272890
------------------------------------------------------------------------------
AVOID LEGAL ACTION
We may be forced to dlreet OQr attorney to file a lawsuit against YOIl. Call liS
Immediately to dis!:.ss payment options.
ACCOUNT SUMMARY
Account Number' 4168-1008-1128-8574
Previous Balance $3,249.53
- Payments .00 AT YOUR SERVICE:
- Credits .00
"" Debits .00 1-800-280-0559
"" FINANCE CHARGE 23.36
"" Late Cbarge .00
"" Returned Cbeek Charge .00
~NEWBALANCE $3,272.89
307676000 1521 1521
996000000000000000000
RATE SUMMARY
Average Daily .
Balance
Daily Periodic ANNUAL
Rate PERCENTAGE RATE
.02190/0 8.00%
Number or Days ill
Billing Cycle
- ' 33
BiDing Cycle Closing
Date
53 2"".34
02112101
.~
Wr: 1IIfr: rr:qIJlred 10 disclose Ibis InftJnnallun to you:
THIS BILL IS FROM A DEBT COLLECTOR. THIS IS AI" ATfEMJ{>T TO COLLECT A DEBT
n.T...... ~ ,,,r T-.TT.".n.T'Io~'" ...'"'rT.n....T n.>>"'r~,~TVn l~[tT 1, Plt lr~~n li"nU 'l'U AT llnlJ1>n,c;:."",
'""
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ACCOUNT NUMB R NEW BALANCE as
of 03/12/01
4168-1000-1120-8574 $3,Z9Z.8S
AMOUNT ENCLOSED
$
Make cheek payable to
Flrsl Seled
STEPHEN ORR
408 S WE5T 5T
CARLISLE PA 17013-3855
Pale I of I
""""'"
"'"
4168100011208574032928503292850
AVOID LEGAL ACTION
We may be forced 10 dlreCI our attomey to file a lawsuit against you. CaD liS
Immediately to discuss payment optlon5.
ACCOUNT SUMMARY
Account Number: 4168~1000-112O-S574
.
Previous Balance $3,272.89
- Payments .00 AT YOUR SERVICE:
- Credits .00
+ Debits .00 1-800-280-0559
+ F1NANCE CHARGE 19.96
+ Late Charge .00
+ Returned Check Charge .00
= NEW BALANCE $3,292.85
,
307676000 15Z1 15Z1
996000000000000000000
RATE SUMMARY
$3 ZSZ.61
.0214:1% 8.00%
Z8
BiDing Cycle Closing
Date
03/UIOI
Average Daily'
Balance
Daily Periodic ANNUAL
Rate PERCENTAGE RATE
Number of Days in
Billing Cycle
.~
We are ~ulred 10 disclose Ibis IDformalloa 10 you:
THIS BILL IS FROM A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT
.__ . __. _ _... ........... -""'Vll',~" ,~, '!T'-Y!lI1 n"P 'T~ ,;T'lo T:'"n .,..'CI"....,.. nTtnbl'\C'l:'
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ACCOUNT NUMBER NEW BALANCE as
of 04/10/01
4168-1000-1120-8574 53,292.85
PAYMENT DUE MINIMUM PAYMENT AMOUNT ENCLOSED
DATE
1.'~fI11!~ lfoltl[-4lIEI,1!!! $
Make check payable to
First Select
STEPHEN ORR
408 S WEST ST
CARLISLE PA 17013-3855
Page I of 1
000000
""
4168100011208574032928503292850
AVOID LEGAL ACTION
We may be farced 10 dlred aur attome)' to file a lawsuit against you. CaD us
Immediately to discuss payment optioos.
ACCOUNT SUMMARY
Account Number' 4168-1000-1121l-8574
Previous Balance $3,292.85 ....
- Payments .00 AT YOUR SERVICE:
- Credits .00
+ nebits .00 1-800-280-0559
+ FINANCE CHARGE .00
+ Late Charge .00
+ Returned Check Charge .00
= NEW BALANCE $3,292.85
307676000 1521 IS21
, 996000000000000000000
RATE SUMMARY
Average Daily
-Balance
Daily Periodic ANNUAL
Rate PERCENTAGE RATE
Nwnber of Days in
BiDing Cycle
5.00
.00OOo/e>> .00%
29
Billing Cycle Closing
Date
04110101
.~
We are required 10 disclose lids Infonnalloo 10 )'011:
"rUT'" Dn T T'" TO"lH'M A 0111>"1' rnT T Jj"('TflP TtlT.", Te;; AN A TTF.MPT TO ("'OT J ,F.(",T A DF.BT
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF BUCKS
Valerie Rosenbluth Park, Esquire, being duly sworn according
to law deposes and says that she is the attorney for the
Defendants in the foregoing matter; that she is authorized to take
this affidavit on its behalf; and that the facts contained in the
foregoing instrument are true and correct to the best of her
knowledge,
information and belief. Valerie Rosenbluth Park,
Esquire further understands that false statements made herein are
subject to the penalties of 18 Pa.C.S., Section 4904, relating to
unsworn falsification to authorities.
Valerie Rosenbluth Park, Esquire
~1IitIMl1lW~lE'@!,i:<'liiit'(~~1lffi,\~~~,lc;""""",1c-i;.:,"i"'ii"'/~S.~,':.'~""j,jc~~i'iffif~~' ri" ~'~-.""'-'-'l!lti;~t'i;;'!m,~,.Mi~~~1Wi~~'W""ii-" ~- ."~
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MAR 212002)
Orc;ter- ~" Cc:mti~oe
. _.. I
Case NO.OO'8fWf:CMl!,Term
FIRST SELECT, INC.
4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
PlAIN'l':! FF
1
VS
STEPHEN G. ORR
408 SOUTH WEST STREET
CARLISLE, PA 17013
DEFE-NDl'iNT
~~ 00-8801 CIVIL TERM
Order o€ ~~oe
Case No~OO-8sqrCivit:rerm
Having requested a Contirttiahce:::.:Q;J. the above' named
action and provided documentation to~~-support his claim that
he will be unable to attend court on ~,the day scheduled,
the Defendant is granted a., continua.n.ce;~,_in the above named
action.
Continuance ordered tfibs day
~ o.f March, 2002.
Argument to be res cheduleJ:t , fn:Lc
or
New trial date to be mailed tOc'li tigants .
For the Court
Judge
date
Court copy
,
1.-
L___
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REQUEST FOR CONT:INUANCE
Case No. 00-8801 Civil Term
From:
Stephen G. Orr
408 South West Street
Carlisle, PA 17013
(717) 258-6304
TO:
Office of the Prothonotary
Cumberland County Court of Comm&n Pleas
Regarding the Action below:
FIRST SELECT, INC.
4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
PLAINT}FF
VS
STEPHEN G. ORR
408 SOUTH WEST STREET
CARLISLE, PA 17013
DEFENDANT
N~. 00-8801 CIVIL TERM
The Defendant wishes to request~a Ccmtinuance in the matter
of First Select v. Orr for the following reason:
1. The Defendant (who, due to financial limitations will
be representing himself) has prior commitrrtents that
will prevent his attendance at. court on the trial
date assigned (27 March 2002) _ Failure to fulfill
this prior commitment may.have---se--vere repercussions
on the defendant's prosp-e'Ct.s'Tur continued~emp1oyment
at his current place of~WoLk~':_The nature of the
commitment is an Online Dynamic Bidding Event, in
which the Defendant will pe responsible for bidding
on approximate1y...$.7MiIlioo of new business for his
employer. (See attacheddeeument entitled
"Freemarkets"). Eail.ure_....Qf. . the. Defendant to
participate in t.his ,"vent wille-disqualify his
employer from pursuing ttri~b;1s:iness.
Accordingly, the Defen4ant. E~&-..t,ha-t a Contialliffice be
granted.
Thonk YO~ much,
~~
717-258-6304
19 March 2002
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MAR 2 1 ZOO?))
Or4er of Co~ti~ce
Case No. 00-8801 CivifTenn
FIRST SELECT, INC.
4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
PLA-INTIFF
VS
STEPHEN G. ORR
408 SOUTH WEST STREET
CARLISLE, PA 17013
DEFENDANT
mJ; 00-8801 CIVIL TERM
O~ 0:,' COfttiRIS~ce
Case No.00-880l CiviI,Tenn
Having requested a Continttanc-=:,jJ;L_ the above named
action and provided documentatiafr tOc~support his claim that
he will be unable to attend courtorr"5iTe day scheduled,
the Defendant is granted a - continuan:~"Jn the above named
action.
Continuance ordered this day
- ,.Q.I March, 2002.
Argument to be re.s,chedul_ed' faL
or
New trial date to be mailed to litigants.
For the Court
Judge
date
Plaintiff Copy
-'" 1,'::-
, -
-'.
MAR 2 1 2002 })
Order of Continuance
Case No. 00-8801 Civil Tenn
FIRST SELECT, INC.
4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
PLAINTIFF
VS
STEPHEN G. ORR
408 SOUTH WEST STREET
CARLISLE, PA 17013
DEFENDANT
NO. 00-8801 CIVIL TERM
Order of Continuance
Case No. 00-8801 Civil Tenn
Having requested a Continuance in the above named
action and provided documentation to support his claim that
he will be unable to attend court on the day scheduled,
the Defendant is granted a continuance in the above named
action.
Continuance ordered this day
of March, 2002.
Argument to be rescheduled for
or
New trial date to be mailed to litigants.
For the Court
Judge
date
Defendant Copy
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FIRST SELECT, INC.,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERlCAND COUNTY, PENNSYLVANIA
V.
STEPHEN ORR,
DEFENDANT
00-8801 CIVIL TERM
IN RE: MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT
BEFORE BAYLEY. J. AND HESS. J.
ORDER OF COURT
~ day of April, 2002, IT IS ORDERED:
AND NOW, this
(1) The motion of plaintiff for summary judgment, IS GRANTED.
(2) Judgment is entered in favor of plaintiff, First Select, Inc., against defendant,
Stephen Orr, in the amount of $3,165.29 plus interest of eight percent per annum from
September 13, 2000, plus attorney fees in the amount of $538.10.1
Valerie Rosenbluth Park, Esquire
25 E. State Street
Doylestown, PA 18901
For Plaintiff
Stephen Orr, Pro se
408 South West Street
Carlisle, PA 17013
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I Summary judgment is entered upon defendant's admission based upon his
failure to answer plaintiff's request for admissions.
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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 COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC
Plaintiff
VS
STEPHEN ORR
Defendant
NO. 00-8801
PRAECIPE FOR JUDGMENT
TO THE PROTHONOTARY:
Please enter Judgment in favor of the Plaintiff and against the
said Defendant in accordance with the Order of Court entered on April
2, 2002 in the amount of $3,165.29 plus interest from September 13,
2000 at the rate of 8% per annum, plus attorney fees of 538.10.
Pursuant to Pa.R.C.P. 237 (notice of praecipe for final judgment
or decree), I certify that a copy of this praecipe has been mailed to
each other party who has appeared in the action or to his/her
Attorney of Record.
I certify that a copy of the Order is attached hereto, made a
part hereof and marked Exhibit "A".
PARK LAW ASSO~~
BY: (/\
Valerie Rosenbluth Park
Attorney for the Plaintiff
AND NOW, [) nIL\.. \
as above. 4
If
is entered
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FIRST SELECT, INC.,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERl.:AND COUNTY, PENNSYLVANIA
V.
STEPHEN ORR,
DEFENDANT
: 00-8801 CIVIL TERM
IN RE: MOTION OF PLAINTIFF FOR SUMMARY JUDGMENT
BEFORE BAYLEY. J. AND HESS. J.
ORDER OF COURT
~ day of April, 2002, IT IS ORDERED:
AND NOW, this
(1) The motion of plaintiff for summary judgment, IS GRANTED.
(2) Judgment is entered in favor of plaintiff, First Select, Inc., against defendant,
Stephen Orr, in the amount of $3,165.29 plus interest of eight percent per annum from
September 13, 2000, plus attorney fees in the amount of $538.10.'
Valerie Rosenbluth Park, Esquire
25 E. State Street
Doylestown, PA 18901
For Plaintiff
Stephen Orr, Pro se
408 South West Street
Carlisle, PA 17013
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1 Summary judgment is entered upon defendant's admission based upon his
failure to answer plaintiffs request for admissions.
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VALERIE ROSENBLUTH PARK, ESQURIE
Attorney I.D. #72094
PARK LAW ASSOCIATES, P.C.
25 E. State Street
Doylestown, PA 18901
(215) 348-5200
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC
Plaintiff
VS
STEPHEN ORR
Defendant
NO. 00-8801
AFFIDAVIT OF NON-MILITARY SERVICE
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 STEPHEN ORR, Defendant, is over
21 years of age; that his/her place of residence is located at 408 S
WEST ST CARLISLE PA 17013-3855 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
, P.C.
BY:
VALERIE ROSENBLUTH PARK, ESQUIRE
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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 COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC
Plaintiff
VS
STEPHEN ORR
Defendant
NO. 00-8801
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:
{ } Judgment by Default
{ } Money Judgment
{ } Judgment in Replevin
{ } Judgment in Possession
{ } Judgment on Award of Arbitration
{ } Judgment on Verdict
{X} Judgment on Court Findings
,
CALL:
5200.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE
Park Law Associates P.C. at this telephone number: (215) 348-
PROTHONOTARY, ~
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-08801 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST SELECT INC
VS
ORR STEPHEN
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
ORR STEPHEN
the
DEFENDANT
, at 0014:25 HOURS, on the 29th day of December, 2000
at 408 S WEST ST
CARLISLE, PA 17013
by handing to
LORI ORR (WIFE)
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.10
.00
10.00
.00
31.10
So Answers:
r~V<~i
R. Thomas Kline
Sworn and Subscribed to before
01/02/2001
PARK LAW ASSOCIATES
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Deputy S .
By:
me this 3d- day of
~a;:' A.D.
.a~~
. . othonotary'
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