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HomeMy WebLinkAbout01-0910 FX 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS. JULIE A OTT Defendant NO. 01- 9/0 Co~L 'TtiJU( NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the. claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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. "~'~"~I '" ".., I-I - , 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#:4168100007842253 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF. VS JULIE A OTT 16 EKING ST APT 9 SHIPPENSBURG, PA 17257-1344 DEFENDANT NO. 6/- q/iJ ~ I~ tCTION 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. CIVIL 2. The Defendant, JULIE A OTT , is an individual who resides at 16 EKING ST APT 9 SHIPPENSBURG, PA 17257-1344, . 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 4168100007842253. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. "'_"1l. , 1_1 , , 4. The terms of said account are stated in the documentation attached hereto as Exhibit "An. 5. The Defendant has failed to pay the amount owed in accordance with the Account Agreement and has failed to pay the outstanding debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $2,013.31 as of 09/25/2000, 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 $342.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $2,013.31, plus pre-judgment interest at the contractual rate of 24.00% per annum from 09/25/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $342.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT II 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. 12. It would be inequitable for this Court to allow the Defendant THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ,,^-,- II to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands that Judgment be rendered in favor of the Plaintiff, First Select, Inc. and against the Defendant in the amount of $2,013.31, plus pre-judgment interest at the contractual rate of 24.00% per annum from 09/25/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $342.00, 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. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ^,;",,~ -- " ~" " '."-~-' "" I~I e -" I . VERIFICA'rION HEATHER KOOREMAI\/ , declare that: I am , I, 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 '''~ "" 1""1' F1RSt'SElECT . . - EXHIBIT !i- f IMPORTANT LEGAL NOTICE FeJ~ law gives you 30 days after you receive this letterto dispute the validity oftbe debt or any part ofit. If you do not dispute the validity ofllie debt, or any part of it, :vithin that period, we will assume that the debt is valid If you disputethe debt, or any part ofi!, in writing-by mailing us a notice to that effect on or before the 30th day followmgthe date you received this letter-we will obtain and mail to you proof (verification) of the debt. And it; within the same period, you request in writing the name and address of the original creditor (if different from the current creditor), we will furnish you with that information too. Ifwe do receive a timely written notice. all efforts to collect this debt will be suspended until we mail any required infonnation to you. Yourrigbtto mail us a written notice ofdispute lasts until the 30th day following the day you receive this letter.. We will wait until sufficient time has elapsed for us to be able to receive a written notice of dispute :from you--even ifyau mail it on the 30th day following the date you received this letter-before referring your account to an attorney in your state to file suit against you should it be necessary. The purpose of this communication is to collect a debt; any information obtained will be used for collecting the debt. ACCOUNTAGRRRMrnNT .' .....--crOOiitGpoi1iitg: Personal Infonnation. If you fad to fulfill the terms ofyout credit obligation, a negative credit report reflecting on your credit record may be submitted to a credit reporting agency. In orderto dispute any information we are reporting about your Account, you must write to us at the following address: First Select;. P.O. Box 9104, Pleasanton. California 94566. We may share information with our affiliates. includinir without limitation. Providian Natioilal Bank and Providian Bank. However. vou may write to us at anv time instructine: us not to share credit information with our affiliates. YOUR BILLING RIGHTS - KEEP TffiS NOTICE FOR FUTURE USE Your CHASE account has been transferred to First Select. Your CHASE account was closed at the time of this transfer and will therefore continue to be closed. This Account Agreement contains the terms that govern your First Select account (the "Account"). In this Agreement. "you" and "your" mean each person who is liable for payment on the Accowrt. "We," "our," and "us" mean First Select or its assignees. Because your Account has been transferred to us, you are now obligated to repay the Account to us instead of CHASE. If the Account was opened as a joint account, we may act on the instructions of any joint account holder. PaymentslFinance Charges. As long as you have a balance outstanding on your Account, finance charges are calculated as follows: To figure the finance charges for each billing cycle, we multiply the average daily balance on your account by a daily periodic rate. The daily periodic rate we apply is your Account's Annual Percentage Rate divided by 365. The Annual Percentage Rate will be calculated as disclosed in your most recent CHASE account tenns (the "Original Terms"). If your Original Terms provided for different Annual P=tage Rates to be applied to different components of your outstanding balance, we will apply the lowest such Annual Percentage Rate on your entire outstanding balance. We may accept late or partial payments, or payments,marked "paid in full" or marked with other restrictions, without losing our rigIrt to collect all amounts owing under this Agreement. You may ask. First Select to gay your Accpunt by debiting your checking or savings account. First Select.will first verifY your identity and eligibility for this service. You may revoke your aUthorization by writing to First Select 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 Original Terms or the maximum late charge pennitted by the law of your state of residence, whichever is lower. We will charge your Account a fee for each returned payment check (returned check charge). The amount'ofthe returned check. charge will be as disclosed in your Original Terms, or the maximum returned check charge permitted by the law of your state of residence, whichever is lower. To the extent provided in your Original Tenns and to the extent permitted by applicable law, in addition to your obligations to 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 attorney's fees and court costs. If your Original Terms provided for an award of attorney's fees and court costs, 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 of any provision of this Agreement without losing our right to enforce it or any other provision later. Applicable Law, Severability, Assigmnent. No matter where you live, this Agreement and your AccouiIt are governed by federal law and by the law of the state designated as the applicable law in your Original Terms. If your Original Terms did not contain an applicable law provision, then this Agreement and your Account are g<?:verned by .federallaw and the law of your state of residence. This Agreement is a fiiia1 expresston of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement. If a provision of this agreement is held to be invalid or un~orceable, you and we will consider that provision modified to conform to applicable law, and the rest of the provision in the Agreement will still be enforceable. We may transfer or assign our right to all or some ofyollr payments. If state 18;w requires that you receive notice of such an event to protect the purchaser or the asStgnee, we may give you such notice by filing a financing statement with the state's Secretary of State. Customer Service. For general questions regarding your First Select account, please call our toll-free service number, 1-888-924-2000. For quality assurance purposes, and to improve customer service and security, telephone calls to or from our offices may be monitored or recorded -. ~r-- ""~~ I ~_<,d This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill !fyou think your bill is wrong, or if you needjllore information about an entry on your bill, write us, on a separate sheet, at the following address: First Select, P.O. Box 9104, Pleasanton, California, 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 the letter, give us the following: - Your name and Account number. - The dollar amount of the suspected error. - A description of the error and an explanation, if possible, of why you believe there is an error. If you needmore 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 have corrected the error by then. Within 90 days, we must either correct the error or explain why we 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 :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 parts of the bill that are not in question. Ifwe find that we have made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount Ifwe did not make a mistake, you may have to pay :finance charges,. and you will have to make up the missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe. And the date that it is due. If you fail to pay the amount we think you owe, we may report you as delinquent However, if our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you question your bill And we must tell 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 iffinally is. Ifwe do not follow these rules,. we cannot collect the first $50 of the questioned amount even if your bill was correct. Special Rule for Credit Card Purchases If you have a problem with the quality of goods and services that you purchased with your CHASE credit card and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. There are two limitations to this right: (a) you must have made the purchase in your home state or, ifnot within your home state, within 100 miles of your current mailing address; and (b) the purchase price must have been more than $50. These limitations do not apply if either we or CHASE own or operate the meT?hant, or we or CHASE mailed you the advertisement for the property or servtces. FS005 ~ CD ,--" . ~,...t\~::\Cf ._. \-1. !.,.1 -... V1lt\RY CT .!<:'~';-"-;'.-'.' I 'k' I,.. . ro. 21 I. Dj,l .J., i r'T:'1 4 II. a I r:" '-\' '\lTY ' "--:': J\!'~G LlilJI (.'urVL~~J\L:S.~YI\ '" NV\ ....... OrNh; L-1Jr\ . ,- ~ .14D. S-O ~'di- r- CO- \..... ...:. . IN>L., p-'-!.!:': -'"'0 - P cL ./ CJ:# J..f .rs-j R:Ji- /671-lfl J SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-00910 P COMMONWEALTH OF PENNSYLVANIA 'COUNTY OF CUMBERLAND FIRST SELECT INC VS OTT JULIE A 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 OTT JULIE A but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , OTT JULIE A DEFT. MOVED, LEFT NO FORWARDING, RETURN NOT FOUND AS PER SHANA LEWIS ON 3/14/01 Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 12.40 5.00 10.00 .00 45.40 ~ Sheriff of Cumberland County PARK LAW ASSOCIATES 03/14/2001 Sworn and subscribed to before me this /I.E day of 'Ju~"1- gAD "pf1 ~. -- Pro hfonotary ,~ -"1- .c. " . 'q"1 1 ' - '. .... I HEREBV CERTIFY THAT THE WiTHIN IS A TRUE AND CORRECT COPY OF ~ THE ORIGINAL ON FILE D Ii. RNEY FOR PlAINTlFF,[ 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS . TRUE COpY FROM RECORD In T~9IOOilY whereoi,l blIre unto~ my hand afI<l... ~~." GI...saId. . ~. ..':~f T~ .~ .... :~ '- - " . ~ FIRST SELECT, INC. Plaintiff VS. JULIE A OTT Defendant NO. Ol- 9/D Co~L '7-~ NOTIC!;: 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 COLtECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ,. . 1"1 , . " ... I 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#:4168100007842253 CUMBERLAND COUNTY COURT OF COMMON PLEAS VS JULIE A OTT 16 EKING ST APT 9 SHIPPENSBURG, PA 17257-1344 DEFENDANT NO.. CIVIL ~CTION 1. The Plaintiff, First Select, lIne. 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, P1easanton, CA 94588. Plaintiff is the owner of this account, which is the subject matter of this action. 2. The Defendant, JULIE A OTT , is an individual who resides at 16 EKING ST APT 9 SHIPPENSBURG, PA 17257-1344, . 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 4168100007842253. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. -, ~~ -"- - II. , .. ; 4. The terms of said account are stated in the documentation attached hereto as Exhibit "A". 5. The Defendant has failed to pay the amount owed in accordance with the Account Agreement and has failed to pay the outstanding debt as agt"eed. 6. The Defendant is indebted to the Plaintiff in the amount of $2,013.31 as of 09/25/2000, 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 $342.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $2,013.31, plus pre-judgment interest at the contractual rate of 24.00% per>annum from 09/25/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $342.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT II 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. 12. It would be inequitable for this Court to allow the Defendant THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ''''- , ,,'" . '~'_"l!il"'"_ 'rlllJ1f . .. , to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands that Judgment be rendered in favor of the Plaintiff, First Select, Inc. and against the Defendant in the amount of $2,013.31, plus pre-judgment interest at the contractual ,rate of 24.00% per annum from 09/25/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $342.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. , I - -j ~, , ... I, VERIFICATION HEATHER KOOREMAfll , declare that: I am a designated agent of FIRST SELECT, INC., the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, Date Designated Agent ;;-;U!!~r _ 1<-' F1R$T"SElEcr- EXHIBIT II- .- IMPORTANT LEGAL NOTICE Federal law gives you 30 days after you receive this letter to dispute the validity of the debt or any part of it If you do not disputetbe validity of the debt, or any part ofit, within that period, we will assume that the debt is valid If you dispute the debt, or any part of it, in writing-by mailing us a notice to that effect on or before the 30th day following the date you received this tetter-we will obtain and mail to you proof (verification) of the debt And if. within the same period. you request in writing the name and address of the original creditor (if different from the current creditor), we will furnish you with that information too. Ifwe do receive a timely written notice, all efforts to collect this debt will be suspended until we mail any required information to you. Yout right to mail us a written notice of dispute lasts until the 30th day following the day you receive this letter. We will wait until sufficient time has elapsed. for us to be able to receive a written notice of dispute from yOU-ilYen if you mail it on the 30th day following the date you received this letter-before referring your account to an attorney in your state to file suit against you should it be necessary. The purpose of this communication is to collect a debt; any infonnation obtained will be used for collecting the debt. ACCOUNTAGD~~~NT . ....'"'C"riiliif{ijlonmg: Personal Information. If you fail to fulfill the tenns of your credit obligation. a negative credit report reflecting on your credit record may be Your CHASE 8.CC?unt has!>een transferred ~ First Select ~ our CHASE accoun1; submi~ to a credit reporting agency. In orderto diSpute any infonnation we are was closed at the time oftlfts transfer and will therefore c~ to be closed. This reporting about your Account, you must write to us at the following address: First Account Agreement contains the terms that govern your First Select account. (the Select, P.O. Box 9104. Pleasanton. California 94566. We mav share information "Account"). In this Agreement. ''youll and ''your'' mean each person who is liable for with out" =,ffiliAt_ includine without limitation. Providian National Rank and payment on th.e Account. "We," "our." and "us" mean First Select or its assignees. Providian Bank. However. YOU mav write to us at anv time instructine us not to Because your Account has been transferred to us, you are now obligated to repay the share credit information with oUt" affiliates. Account to us instead ~fCHASE. If the Account was opened as a joint account, we YOUR BILLING RIGHTS _ KEEP TmS NOTICE FOR FUTURE USE may act on the instructions of any Joint account holder. . PapnentslFinance Charges. As long as you have a. balance outstanding on your This notice ~ impo}tant information about your rights and our responsibilities Account, finance charges are calculated as follows: wuler the F.... Credit Bdling Act _. . To figure the finance charges for each billing cycle, we multiply the average daily NotUY Us in Case of Err on or Questions About Your Bill balance on your account by a daily periodic rate. The daily periodic rate we apply is If you think. your bill is wrong. or if you needJUore information about an entry on your ~ount's Annual P~ge ~ divided by 365. The Annual Percentage your bill, write us, on a separate sheet. at the following address: First Select, P.O. Rate wdl be calculated as disclosed m your most recent CHASE account tenns (the _ Box 9104. Pleasanton, California, 94566. _ Write to us as soon as possible. We must "Original T~"). 1fy~ur Original Terms provided for ~ Annual Percentage hear from you no later then 60 days after we sent you the first bill on which the error Rates to be applied to different components of your outstanding balance, we wtll or problem appeared. You can telephone us, but doing so will not preserve your apply the lowest such Annual Percentage Rate on your entire outstanding balance. rights. We may accept late or partial payments, or payments marked "paid in full" or ill the letter: give us the following: marked with other restrictions, without losing our right. to cQllect all amounts owing . underthis Agreement. You may ask First. Select to pay your Account by debiting - Your name and Account number. your checking or savings account First Select will first verify your identity and - The dol!ar. amount of the suspected error. . .. . eligibility for this service. You may revoke your authorization'by writing to First - A.descnption of the error and at.t expl~tion, ifp?sslble. .ofwhy you bebeve Select Customer Service there IS an error. If you need more information, descnbe the Item you are not sure . aboot. 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 Your Rights and Our Responsibilities After We Receive Y (JIll' Written Notice disclosed in your <?riginal T~ or ~e maximum late charge permitted by the law We must acknowledge your letter within 30 days, unless we have corrected the error of your state of reSidence, whichever IS lower. by then. Within 90 days, we must either correct the error or explain why we believe We will charge your Account a fee for each returned payment check (returned check the bill Wfl!J correct. After we receive your l~, ~e ~ try to collect or report charge). The amount of the returned check charge will be as disclosed in your you as delinqu~ as to any ~ount you qu~?Oo mcluding finance charges. We can Original Tenns, or the maximum returned check charge pennitted by the law of your apply. any unpmd amo~ ~ your .~t line. You do n?l ha~ tp pay any state of residence whichever is lower questioned amount while we are IDvestigating. but you are still obligated to pay the .. parts of the bill thet are not in question. To the extent provided in your Original Terms and to the extent permitted by . . . . applicable law. in addition to your obligations to pay the outstanding balance on your Ifwe find that we have made a ~ on your bill, you ~ll not have to l'ay any Account, plus interest and fees as disclosed herein. we may also charge you for any finance charge related to any q~estioned am~unt. Ifwe did not make ~ mistake. you collection costs we incur, including but not limited to reasonable attorney's fees and . may haveto.pay finance char~ and you will ~ve to make up the II1Issed payments court costs. If your Original Terms provided for an award ofattomey's fees and on the questioned amount. In either ~ we will send.you a statement of the . court costs. such provision as in~orated herein shall apply reciprocally to the amount you owe. And the date ~ It IS due. If you ~ to pay the ~unt we think. prevailing party in any lawsuit arismg out of this Agreement. you owe, we may report you as delinquent. However. if our explanation does not . " satisfY you and you write to us within 10 days telling us that you still refbse to pay, Non:'Ymver <!fCertain ~ts. We ~y delay or wmve enforcement of any we must tell anyone we report you to that you question your bill And we must tell pro~on of this Agreement without losmg our nght to enforce it or any other you the name of anyone we reported you to. We must tell anyone.we report you to pI'OVISlon later. that the matter bas been settled between us when iffinally is. Ifwe do not follow Applicable Law, Severability, Assignment. No matter where you live, this these rules, we cannot collect the first,$50 of the questioned amount even if your bill Agreement and your Account are governed by federal law and by the law of the state was correct. designated as the applicable law in your Original Terms. If your Original Terms did Special Rule for Credit Card Purchases not contain an applicable law provision, then this Agreement and your Account are g~yemed by .federallaw and the law of your state of residence. This Agreement is a If you have a problem with the quality of goods and services that)rou purchased with :fiiial ~xpress1on of the agreement between you and us and may not be contradicted your CHASE credit card and you have tried in good faith to correct the problem with by ~~ce of any alleged oral agreement. If a provision of this agreement is held to the merchant, you may not have to pa.y the remaining amount due on the goods or be mvalid or unenforceable, you and we will consider that provision modified to services. There are two limitations to this right: (a) you must have made the conform to applicable law. and the rest of the provision in the Agreement will still be purchase in your home state or, ifnot within your home state, within 100 miles of enforceable" We may transfer or assign our right to all or some of your payments. If your current mailing address; and (b) the purchase price must have been more than state law requires that you receive notice of such an event to protect the purchaser or S50. These limitations do not apply if either we or CHASE own or operate the the asSignee, we may give you such notice by filing a financing statement with the m~ or we or CHASE mailed you the advertisement for the property or state's Secretary of State. serviCes. Customer: ~enice. For general questions regarding yonr First Select account, please call oUr toll-free service number. 1~8g8-924--2000. For quality assurance purposes, anc;tto improve customer service and security, telephone calls to or from our offices may be monitored or recorded. ~~ 1'5005 -~ "1l-i.!'T~ II""'> '~'iiiih-4!."'""'"""'IlH ~~ ,l~l{~'''''',~~:il, '" ," y~,U;~!;;'''~~_''', . , fik'cl~j.'~,'i>k\~~ill;i"ll~"frtc"ri:i'dil;,J!G"'h >ii~~\(j~i>,""!,k"'E...li'Jl&I' . ~ I!!:c).. cw 1n'n! lSei C€ 6ViJ " " .- . . - :". N'_ H " -'._ ~,~_'~ n"""~'-i_jt_''''-'~~" If' ~" ._, OFF/CI; Or TilE Sf.! CUMOt;l/ '''D'~" Ell/F..' . ',." v"UNTr fEs N 3 5, fl~ '0/ ,'" "1. V,t.!.,.J t.,:'/ ,.,. ',1 "..... r PeNNSYLVANIA tliIi:J::m. JIilM': .. ~ ~ Jii;ij , '" 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, PENNSYLVANIA FIRST SELECT, INC. Plaintiff VS. JULIE A OTT Defendant NO. 01-910 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTRY: Please reinstate the enclosed civil Action. Respectfully submitted: PARK LAW ASSOCIATES, P.C. BY, 0 ~/ VALERI ROSENBLUTH PARK, ESQUIRE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. i,l~_ , '" ",.~ 1.>' @ ( ,- I .fj. . I I I , i1- ~ P 1 'I.-~Ir_'{ ')n f>,: :3: ! 7 ,,; ~ L'-, r." J Curv;L PE~JN;3-Yl\I/',r\!ll\ (;, ~ A c ~, . i ~ ~ SHERIFF'S RETURN - REGULAR CASE NO: 2001-00910 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS OTT JULIE A DEP DAVE MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon OTT JULIE A the DEFENDANT , at 1828:00 HOURS, on the 31st day of May , 2001 at 329 WALNUTDALE ROAD SHIPPENSBURG, PA 17257 CATHERN OTT (MOTHER) by handing to 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 So Answers: 18.00 10.54 .00 10.00 .00 38.54 ~~r..rl:~-' R. Thomas Kline 06/01/2001 PARK LAW ASSOCIATES Sworn and Subscribed to before me this .}.q ~ By: ~~~~ Deputy Sheriff day of (~L, ohtP/ A.D. I eLf' t:1 )u J#" 1a11 ~P othonotary , ''1:'''''1 _ _ r ~~_ " I""'I-~ ~" ~~ t VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 329 WALNUTDALE ROAD SHIPPENSBURG, PA 17257 4168100007842253 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS JULIE A OTT Defendant NO.01-910 PRAECIF\E FOR JUDGMENT TO THE PROTHONOTARY: I Please enter Judgment in favor of the Plaintiff and against the said Defendant for failure to plead or otherwise respond to the Complaint and assess the damages as follows: TOTAL $2,013.31 $342.00 $329.63 ($0.00) ($0.00) $2,684.94 PLUS ADDITIONAL COSTS AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of civil Procedure No. 237.1 is attached hereto and marked xhibit "A". VALERI SENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW,. }u..L"L I c.. , ;::)(:::0 I ' Judgment is entered in favor of the Plaintiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. .. ',' . , "1,,' ',~'" J- 4-... , ._f,~ 0_1 '-'. -'l.. J...;- IL~ P OTHONOTARY . 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. ,""1 ,- . ~ ,~~ , ~_.IlI" .... -. VALERIE ROSENBLU1H PARK ATTORNEY !.D. # 72094 PARK LAW ASSOCIATES,P.C. DRIVE 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT TIffi TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD PLEASANTON, CA 94588 DEF: 329 W ALNUTDALE ROAD SHIPPENSBURG, P A 17257 FIRST SELECT, INC. Plaintiff VS JULIE A OTT Defendant NO. 01-910 NOTICEOFPRAEC~EFOR ENTRY OF DEFAULT JUDGMENT TO: JULIE A OTT 329 W ALNUTDALE ROAD SHIPPENSBURG, P A 17257 DATE OF NOTICE: 6/21/01 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN TIllS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM TIffi DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WTIHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIffiR IMPORTANT RIGHTS. YOU SHOULD TAKE TIllS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIffi FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR CARLISLE, P A 17013 (717) 240-6200 PARK LAW ASSOCIATES,P.C. BY: VALERIE ROSENBLUTH PARK, ESQ. cc: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~V'''RIT A I.. .. - --f--) ;~, " ,- c^ ~, 'r""1 "', l' . It.. '-.... VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 329 WALNUTDALE ROAD SHIPPENSBURG, PA 17257 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS JULIE A OTT NO. 01-910 Defendant VERIFICATION 0' NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS VALERIE ROSENBLUTH PARK, Esquire, being duly sworn according to law, deposes and says that she will make this affidavit on behalf of the within Plaintiff, being authorized to do so, and that she believes and therefore avers, that JULIE A OTT, Defendant is over 21 years of age; that his/her place of residence/business is located at 329 WALNUTDALE ROAD SHIPPENSBURG, PA 17257 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 amen ents. PARK LAW A SOCI E, P.C. BY: Valeri Rosenbluth Park Attorney for Plaintiff E10 i~""-~J,_, --f"" "H _ 1'j' '-" - ~, """,...,.!!" .11"', I.."j ... VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 329 WALNUTDALE ROAD SHIPPENSBURG, PA 17257 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS JULIE A OTT NO. 01-910 Defendant NOTICE Pursuant to Rule 236 of tne Supreme Court of Pennsylvania, you are hereby notified thata' Judgment has been entered against you in the above proceeding as ind;Lcated below: [X] Judgment by D~fault [ ] Money Judgment [ ] Judgment ,in Replevin [ ] Judgment in Possession [ ] Judgment on Award of Arbitration [ ] Judgment"on Verdict [ ] Judgment 'on Court Findings [ ] Judgment on District Justice Transcripts [ ] Judgment on Judgment Note [ ] Judgment on Writ of Revival [ ] Praecipe to Reassess Damages IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number: (215) 348-5200. PURSUANT TO THE FAIR DEBT COLLECTION P ICES 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. 1""1 "..., ~.~ --~ ~ '-" . ~ ~ ~- , ......~~,~" ~ _. r, ,_, -~~_~ 0' " -'9. i7f[~8 ~- - ~ -v ~ ~ ~ t~ 5' 1- .-\. . 0.'",- _l-~' ~~; -::i -'-, "- - $, ()' , :':? :,,) \0 - , .-,- 7; -< ~1IIlllllR...~_~__", _"i -''';l!''''~~~ "'W'''f4''''''>~ ,,"..E"' "^" ~~,~"",' -."....,--~""'"""