HomeMy WebLinkAbout01-1747 FX
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APOTHAKER & ASSOCIATES, P.C.
1341 N. Delaware Avenue, Suite 405
Philadelphia, PA 19125
(800) 672-0215
Attorneys for Plaintiff
Attorney I.D. #38423
FIRST SELECT, INC.
C/o David J. Apothaker, Esquire
1341 N. Delaware Avenue
Philadelphia, PA 19125
Plaintiff,
Defendant.
) COURT OF COMMON PLEAS
) CUMBERLAND COUNTY
j NO.: 01-/7'17 eLO~L I~
)
)
)
)
)
)
)
vs.
THOMAS R CHAMBERS
35 RIVERVrnW DR
ENOLA, PA 17025
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 with twenty (20) days after this complaint and notice are served, by entering a written appearance
personally or by 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 my 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 any other claim
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 ONE. 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
Lawyer Referral and Information Service
800-990-9108
A VISO
Le han demandado a usted en la corte. Si usted quiere defenderse do estas demandas expuestas en las
paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Hace
falta asentar una comparencia escrita 0 con un abogado v entregar a la corte en forma escrita sus objeciones alas
demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede
continuar la demanda en contra suya sin previa aviso 0 notificacion. Adernas, la corte puede decidir a favor del
edemandante y requiere que usted compla con todas las provisiones de esta demanda. Usted puede perder dinero 0
sus propiedades u otros derechos importantes pare usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI
NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA 0 LLAME POR
TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
Lawyer Referral and Information Service
800-990-9108
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APOTHAKER & ASSOCIATES, P.C.
1341 N. Delaware Avenue, Suite 405
Philadelphia, P A 19125
(800) 672-0215
Attorneys for Plaintiff
Attorneyl.D. #38423
FIRST SELECT, INC.
C/o David J. Apothaker, Esquire
1341 N. Delaware Avenue
Philadelphia, PA 19125
Plaintiff,
Defendant.
) COURT OF COMMON PLEAS
) CUMBERLAND COUNTY
)
) NO.: (')/- I'1LJ7 CW;1'r~
)
)
)
)
)
)
)
)
vs.
THOMAS R CHAMBERS
35 RIVERVIEW DR
ENOLA, PA 17025
CNIL ACTION COMPLAINT
FIRST COUNT
1. 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
2. Defendant, THOMAS R CHAMBERS , is an adult individual residing at 35
RIVERVIEW DR ENOLA, P A 17025.
3. Defendant requested an account, (account #4428670860723531) which is owned by
the Plaintiff, and an Account Agreement was sent to the Defendant. A copy of the Agreement is
attached hereto as Exhibit "A" and made a part hereof
4. Defendant(s) purchased/received the goods, credit and/or other services identified
in Plaintiff's billing, invoice or other records, a copy of which is attached hereto as Exhibit "B",
at the time and for the amount set forth therein.
5. The prices set forth in Exhibit "B" are the fair, reasonable and market prices for said
goods and/or services, and the prices which Defendant agreed to pay.
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6. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "B".
7. Defendant has failed and continues to fail to make any payments, leaving a balance
due and owing of $12,280.14.
8. Although demand has been made, Defendant has failed to make payment of the
amount due as stated.
WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s)
for the sum of $12,280.14 plus costs, interest and reasonable attorney's fees.
APOTHAKER & ASSOCIATES, P.c.
Attorney for Plaintiff
BY: {)O ----
DaviJn:aker
Dated: March 7, 2001
Our File No.: 010500
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VERIFICATION
David J. Apothaker. Esq. hereby states that I am counsel for plaintiff in this action, and that I am
authorized to take this Verification, and that the statements made in the foregoing Civil Action
Complaint are true and correct to the best of my knowledge, information, and belief The
undersigned understands that the statements therein are made subject to the penalties of 18
Pa.C.S.A. 4904 relating to unsworn falsification to authorities.
WJ~
David J. Apothaker, Esq.
Attorney for Plaintiff
DATE: March 7, 2001
TCSI 001 CODE IHB ACCT 4428670860723531 CYCLE 22 AGENT 3607
( 12 MONTH HISTORY ):::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
SCREEN SELECTION ( 1 2 1 4 ) ~> CHAMBERS THOMAS
CURRENT (01) 02/21/01 (02) 01/23/01 (03) 12/22/00 (04) 11/21/00
01 01 01 01 0
.00 I .00 I .00 I .00 I .00
255.00 I 1,427.00 1 1,172.00 1 922.00 1 677.00
01 01 01 11 1
.00 I .00 I .00 I 79.00 1 79.00
01 01 01 01 0
.00 I .00 I .00 I .00 I .00
01 01 01 01 0
.00 1 .00 I .00 I .00 I .00
o 01 01 01 0
.00 I .00 1 .00 I .00 I .00
.00 I .00 I .00 I 79.00 I 79.00
.00 I .00 I .00 I 29.00 I 29.00
.00 I .00 I .00 1 .00 .00
17.96 I .11 I 5.71 I 4.77 I 4.13
1,104.99 I 206.21 1 236.57 I 224.62 1 227.25
12,900.00 1 12,900.00 I 12,900.00 I 12,900.00 1 12,900.00
12,728.74 I 12,728.74 I 12,522.42 1 12,280.14 I 11,942.75
PAYMENT
100200
MIN PYMT
PURCHASE
CASH lillV
032900
CREDITS
MISC CHG
INS FEE
LATE CHG
OVRL FEE
PURC F/C
CASH F/C
LIMIT
BALANCE
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JANET ANSTEY
................................ ...... ......... ....... ............. ............
................................ ............... ....... ............ .... .........
January 17, 2001
Thomas R Chambers
35 Riverview Dr
Eno1a PA 17025-2647
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Providian National Bank
VISA Platinum WebCard
4428-6708-6072-3531
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~PROVIDIAN
Fmanczal .
Providian National Bank VISA@ or MasterCard@
Account Agreement for Thomas R Chambers
January 17. 2001
Please review this document and keep it with your other important papers. This Account Agreement contains the tenns which govem ~our Providian National
Bank VISA or MasterCard Account (the "Account"). The Account allows you to make purchases by using your VISA or "MasterCard card (the "Card")
wherever it is honored and to get cash advance, s from us or any other participating financial institution and from Automated Teller Machines Convenience
checks may also be provided lo. you as an additional way to use the Account. In this Agreement "you" and "your' mean each ~on for whom we have
opened a credit card )\ccount. "We," "our." "ours" and "us" .mean Providian National BanK or its assignees, as ~sted on your billing statement. The Account
may I;le used only for personal, familY, household. and chantable purposes. and not for any business or commercial purpose. Any use of this Account shall
constitute accepfance of the tenns of ,hiS Agreement. You and we agree as follows:
Payments. You will receive a monthly statement showin,g your outstanding balance. Payment on this Account is required in US. dollars (checks must be
payable at a U.S. office of the bank the check is drawn on), for at least the payment due as shown on your statement by the payment due dale in accordance
with payment instructions on your monthly statement. The back of your statements shows the rules we follow when we post payments, Convenience checks
and otlier checks we issue to you maY not be used to make payments on your Account or to make pav..ments on any other account you have with us or our
affiliates. The payment due will be: 2% of the new balance shown on your statement plus the amount of any past due payment and may includ~ the amount
by which the new balance exceeds your credit line, However. the payment due will not be less than $15 (unless your new balance is less than ~15, in which
case the pa~ment due will be the amount of the new balance), If your Account is past due or above the creait line. we may require a higher minimum
payment, but we will notify you before doing so. If your pay.r:nent is more than the payment due, it will be treated as a single payment and none of it will be
appli~ to future payments Que. 'lYe may acc~t late or parnal payments. or payments marked paid in full" or marked with other restrictions, without losing
our nght to collecl all amounts oWing unaer thiS Agreement.
Finance Charges. Except as described in the Grace Period for Purchase Balance section of this Agreement finance charges begin to accrue on a debit
when it is incluced in one of your daily balances and continue until that balance is reduced by a payment or credit. Your Account has the following balances,
The Purchase Balance which consists of your existing Purchase Balance and new purchases you make with your Card and fees for certain optional
services; one or more Custom Cash Advance .Balances, which consists of balances that you transfer to your Account using balance transfer checks and
balances that we transler lOr you; ana me t.;asn Aavance Balance which consists of all other cash advances and cash ai'lvance transaction fees, Any
Qayment amount we ~ceive that exceeds me Jlnance cnarges ana fees then due will ordinarily be applied first to the Balance with the lowest Annual
Percentage .Rate (APf{), until that Balance is z$ro. and then fo the Balance with the next lowest APR. until that Balance is zero. and then to any remaining
Balance. -We reserve the right to apply payments differently without further notice.
The Purchase, Custom Cash Advance. and Ca~h Advance Balances are reduced by payments as of the date received, and by credits as of the date posted,
Purchases are included in your Purchase Balance as of the date made, Custom casli advances are included in your Custom Cash Advance Balance as
follows: funds electronically transmitted to other lenders to transfer balances. as of the date transmitted; cheCKS to transfer balances. as of the date
presented to us. Other casli advances are included in your Cash Advance Balance as follows: cash advances from other financial institutions and through
Automated Tellers, as of the date made; caSh advance checks made payable to you that are identified as cashie~s checks and mailed to you at your
request. as of seven days after the date we print on the chec~ all other checks. as of the date presented to us. Other debits are included in your Purchase.
Custom Cash Advance or Cash Advance Balance as of the uate posted. Finance charQ!ls are added to your Purchase, Custom Cash Advance, and Cash
Advance Balances each day and are then posted on the last day of the billing cycle, There is no grace period for custom cash advances or other cash
advances.
To figure the dally finance charge for each !;ype of Balance, we start with your previous day's Balanceii add all debits and subtract all credits for the current
day and multiply the net amount by the !lPphcable daily pariodic rate (see following paragrljphs). The Inance charge for each type of Balance is then added
to and included in that day's Balance. We traat a credit balance for any day as zero. We d6tennine the total finance charges on balances for the billing
cycle by adding together tlie finance charges for each type of Balance for each day within the billing cycle. I n calculating finance charges, an adiustment will
be made for any tffinsaction or payment that would have affected the finance charge calculation in a prior billing cycle flad it been PQstea in tha1 cycle. The
applicaQle daily periodic rate for such a transaction will be the rate in effect for !he current billing cycle rather than the rate in effect on the date of the
transaction.
Your statement includes an average daily balance for each tvoe of Balance. You can multiply each average daily balance that is not zero by the number of
days in the billing cycle and the periodic rate to, obtain sUbtofuls"and then add the subtotals together to defennine your total finance charges on balances for
the billing cycle. If a cash advance transaction fee is charged. lIlat amount is also a finance cMrge.
The tenn "Prime Rate" as used in the Agreement means the highest prime rate published in the Wall Street Journal on the first business day of the previous
calendar month, Any increase or decrease in the Annual Percentage Rate will take effect on the first day of your billing cycle and may result in a slight
increase or decrease in the amount of your minimum payment.
The ANNUAL PERCENTAGE RATE (APR) for purchases is 7.99%, corresponding to a daily periodic rate of 0.02189%.
You can arrange to have a variable APR for Qustom cash advances that is .lower (han the weighted average of the non-introductory APR you ~ave been
paving on the fotal balances YOU have transferred from other credit card\ retail. and Installment accounts proVided your other accounts were open In JanuarY
2001. In calcuiating this APR we will take into account the APRs on he credit account balances you have transferred from other lenders. ThiS APR IS
available only if you provide proof. in the fonn 0, f copies of your most recent billing statements. showing your other non-introductorbPRS. Your new APR
will be variaDle based on Pnme "ate and will take effect in the billing cycle follOWing our review of 'lour proof. but not earlieUhaa. eend of your courtesy
period. If we ao not receive suqh proof yqur ~R for custom cash advances will De as follows: The ANNUAL PERCENTAGE .TE for custom casli
advances is 21.99%. Qorrespondlng to a daliy penodlc rate of 0.06025%.
The ANNUAL PERCENTAGE RATE for cash advances is 21.99%. corresponding to a daily periodic rate of 0,06025%.
If we receive your ACCOU, nt payment late 2 or more times in any 6-month Ileriod. on each such occurrence we may increase the APR for purchases up to a
maximum of 23.30% (corresponding to a daily p~riqdic rate of 0.06384 Vol and increase. the AP~ for cash adVances and custom qash adv~nces up to
maximum of 23,30% (COrrilSponding to a daily pen odic, rate of 0.06384%), I after you receive the hillher rates your payments are received on tlme'lal nd you
meet all other tenns of thiS Agreement for 3 consecutive months. you may contact our Customer S-ervlce department and, at your request. we WI review
your Account for a possible APR reduction.
Grace Period for Purchase Balance. New purchases posted to your Account in billing cycles with no previous balanceii or when the previous balance was
fully paid during the cycle. do not bagin to incur a finance charge until the start of the next billing cycle. You Will pay no Inanc~ charge on s~qh new ,
purchases if you pey the total new baianpe in full by the payment due date shqwn pn your stat~ment. New purcliases posted In any other billing cycle Incur
a finance charge, and there IS no penod In which such purchases may be repaid WithOUt Incumng a finance charge.
Fees. We may charge your Account $0 for. each Card you ask us to, r~place; eaqh retumed payment; eact! cheyk you write on your Account that. we retum
unpaid; each slop payment order or renewal of such an order; each billing cycle WIthin which your Account IS delinquent (late charge); and each billing cycle
(Continued on reverse) (5846-0698) 4428670860723531
1531
595 Z561
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within which your balance exceeds your credit line (overlimit fee). even if your Account is closed, If you request copies of billing statements.that were fif'!lt
sent to you more than three months earlier. we may charge a liandling fee of $2 for each such copy. If youhrequest thTath.wef m?ke aFloNnAs,N' tclmEeCaHuAtoRmGatElc
payment from your personal checking account, we may charge your crecit card account a fee of $4.95 for eac l'6!1uest IS ee IS a .
ana it will apply regardless of whether funds are available in your personal checking account to make the payment
We m~y pharoe. a transaction fee of 3% (minimum $5). which is a one;time FINANCE CI:IARG!=. on the ~l1)ount of eac.h cash advance. including cash from
financlallnstifutions. and ATMs. wire transfers, money orders. lottery tickets. casino gaming chips. and similar transactions,
Default. You will be in default: if any inforl1)ation you provided us proves to be incQmplete or untrue; i.f.Y04 dQ not comply with any par:! of this flgre,ement;
upon your death bankruptcy or Insofvency' If you ao not pay other coots when due; If a bankrup.tcy petition IS filed by or against you; or If we. believe In good
faith tnat you may not payor perform your oliligations under this Agreement If you are in default we may, without furt~er demand or notice. cancel your
credit priVileges declare your Account balance immediately due and payable and use any remEl!;ly we may have. In the event of your default, the
outstanding Ilalance on your Account shall continue to accrue interest at the APR(s) disclosed In the Finance Charges section of this Agreement. even If we
have fiied suit to collect the amount you owe.
Credit Line. Your credit line is specified from time to time in a s6p<!rate notice, Your monthly statements show your qredit line and the al]'1ount of yo~r
available credit We may increase or decrease your credit line based on information we obtained from you or your credit records. Your available crealt IS
normally the difference between your credit line and your Account balance (including transactions made or authorized but not yet posted). If you send us a
large ~ayment check we may limit your available credit while we confirm that the check will clear. For certain transactions, available credit may be less.
You will not use your'Account for, and we may refuse to honor. any transaction which would cause you to exceed your available credit
Promise to Pay. You promise to pay us when due all amounts borrowed when you or someone else use your Account (even if the amount charged
exceeds your permission). all other transactions and charges to your Account, and collection costs we incur including. but not limited to, reasonable
attomey's fees and court costs. (If you win the suit. we will pay your reasonable attomey's fees and court costs.)
Changes. After we provide you any notice required by law, we may change any p,art of this Agreement and add or remove requirements. If a change is
made 10 the Finance Charges section of this Agreement, the new finance c~arge calculation will apply to your entire Account balance from the effective cate
of th.e change. Changes Will apply to balances that include items posted to your Account before the date of the change. and will apply whether or not you
continue to use the A"ccount
Foreig,nn Exchange/C, urrency Conversion. If you use your Card for transactions in a currency other than U.S. dollarsbthe transactions will be converted to
U.S. aollars, generally using either a (i) govemment-mandated rate or (Ii) wholesale market rate in effect the day efore the transaction is processed.
increased by fI1ree percent (::1%). If a credit is subsequently given for a transaction, it will be decreased by the same percentage, The currency conversion
rate used on the conversion dBte may differ from the rate in effect on the date you used your Card. You agree to accept me converted amount in U.S.
dollars.
The Card; Cancellation. You may cancel your credit privileges at any time by notifying us in writing and destroying the Card(s), Upon the Card ewiration at
the end 01 the month shown on It. we reserve the rig~t not to renew the Cart!. We may cancel the Card and your credit priVileges at any time after 30 days
notice to you or without notice If permitted by law, 1f your Card is cancelled or not renewed. finance charges and other fees will continue to be assessed,
payments will continue to be due. and all other applicable provisions of this Agreement will remain in effect If you terminate your credit privileges, or if we
cancel or do not renew the Card. you may no longer write checks on your Account. and you should destroy any unused checks we have Issuecfto you.
Personal Information; Documents, You will provide us at least 10 days notice if you change your name. home or mailing address, telephone numbers,
~Iqyment or income. Upon our retplst, you will provide us additional financial informallon. We reserve the !iIlht to Obtain informalion from others.
including credit reporting agencies ana to provide your address and information about your Account to others. We may also share information with our
affiliates, However, you may write 10 us at any time Instructing us not to share credit information with our affiliates, If you co not fulfill your obligations under
this Agreement, a negative credit report that may reflect on your credit may be submitted to the credit reporting agencies,
Customer Service; Unauthorized Use, Loss or Theft of Checks or the Card. Each Card must be signed on receipt You are rellponsible for
safeguarding the Card, your Personalldentificaflon Number I"PIN". which provides access to Automated Teller Machines) and any checks issued to you
from theft. and keeping your PI N separate from your Card. I you discover or suspect that your Cardh Pltj, or any unused checks are lost or stolen, or that
there may be an unaufl10nzed transaction on your Account. you will promptly notifY us by callin,g 1-80u-9""..7221. So we can immediately act to limillosses
and liability... you will phone us even though you may also notilv us In writing. You will not be liable for unauthorized use occurring before you notify us of a
loss or thell If you report or we su~r unauthonzed use of your Account. we may sUl3p6nd your credit privileges until we resolve the problem to our
satisfactiQn or issue you a new Card. If your Card,is lost or stolen. you will promptly destroy all checks in your possession, To improve customer service
and secunty. you agree that your calls may be mOnitored or recorded.
Merchant Relations. We will not be liable if any person or Automated Teller Machine refuses to honor the Card or accept your checks" or fails to retum the
Card to you. We have no re!'P<)nslbilitv for goocs and services purchased with the Card or checks except as l'ElGuiredby law. (See "peeial Rule below.)
Certain lienefits that are available with the Account are provided by third-party vendors. We are not responsible for the quality. availability. or results of any
of the services you choose to use.
l;>top Payment Orders. I( you wish to stop payment on a check, you may send us a stop payment order by writing to us at our address for customer service
listed 0, n your statement. You can make, a stop p~ment order orally by calling the numlier listed on your statement. When you make a stop payment order I
you must provide your Account number and specific information about the check: the exact amount, the date on the check. the name of the paflY to whom i
\/(as payable. the name of the P!lrson who signed it. and the check number. You will be asked to confirm an oral stop paY!11ent order in writing. We may
dlsreg~td your oral order if we do not receive a signed written confirmation within two weeks after the oral order, or If we have not received an adequate
descnption of the item so that paYl)1ent can be stoPP!ld. The order will not be effective if the check was paid by us before we had a reasonable opportUnity to
act on the order. We may. without liability. disregard a written stop payment order six months after receipt unless it is renewed In writing.
Standard of Care. Because this Account involves both credit card and check transactions which are processed through separate national systems before
the transactions are consolidated by us. and because not every check and Card slip will be sent to us. transactions in your Account will be processed
mech~nicallY with04t our necessarily reviewing everY Item. Our processing system will call our attention to certain items Which we will examine. We will
beexamlnl~ all tr~nsactions when you 1W0rt that your Card or checks have been lost or stolen. We do not intend ordinariiy to examine all items, and we will not
neg Igent If we do not do so. THis rule establishes the standard of ordinarv care which we in good faith will exercise in administering your Account
Because of our limited review. and because neither your cancelled checks nor c;ard transaction slips will be retumed to you with the monthly statement you
should be qareful to enter all checks in your check register or otherwise keep a record of them, You should also save your credit card cash advance and
purchase slips. You agree to check your monthly statements against your record and to notify us immediately of any unauthorized transactions or errors.
Waiv~r of Certain Rig~ts. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other
provIsion lat~r. You waive: the ~ght to presentment. de.mancjl prolest. or notice of dishonor; any applicable statute of limitations; and any right you may
have to reqUire us to proceed against anyone before we file SUI against you,
APpli~a!Jle Lawt' l1everability; !'ssignment. Nq matter where you live, this Agreement and your AccQunt are govemed by federal law and by New
Hampshire law. hiS Agreement IS a final eJCpresslon of the agreement between you and us and may not be contraClicted by evidence of any alleged oral
al greement. If any proVISion o( this Agreement is held to be invalid or unenforceable. you and we will consider that provision modified to conform to applicable
a\/(, a~d the rest of the provlslQns.l~ the Agreement will still be enforceable. At any time after we determine in good faith that any groposed or enacted
legislation. regulatory action. or JudiCial deciSion has rendered or may render any material provisions of this Agreement invalid or unenforceable. or impose
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any increased tax. ,reporting requirement. or other burden in connection with any such provision or its enforcement, we may. after at least 30 days notice to
you. or without notice if permitted by law, cancel the Card and your Credit plivileges, We may transfer or assign our light to all or some of your payments. If
s!ilte law reqUires that you receive notice of such an event to protect the purchaser or assignee. we may give you sucii notice by filing a financing statement
With the state's Secretary of State.
Notices. Other notices to you shall be effective when deposited in the mail addressed to you at the address shown on our records unless a longer notice
peliod is specified in this Agreement or by law. which peliod shall start upon mailing. Nonce to us shall be maiied to our address lor customer service on
your statement (or other addresses we may specify) and shall be effective when we receive it.
YOUR BILLING RIGHTS.. KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your lights and our responsibilities under the Fair
Credit Billing Act.
Notify Us in Case of Errors or Questions About Your Bill. If you think ~our bill is wrong or if you need more information about any transaction on your
bill, write us on a separate sheet, at the address listed in the Billing Rights Summary on your bill. 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
lights, In your letter. give us the following information: - Your name and Account numoor. - The dollar amount of the sus~cted-error. -- Desclibe the error
and explain, if you can why you believe there is an error. If you need more information, desclibe the item you are not sure about.
If you have autholized us to pay your credit card bill automatically from vour checking account. you can stop the payment on any amount you think is wrong,
To stop the payment. your letter must reach us three business days before the automatic payment is scheduled to occur.
Your Rights and Our Resp.Qnsibilities After We Receive Your Written Notice. We must acknowledge your letter within 30 days. uniess we have
corrected the error by then. Within 90 days we must either correct the error or explain why we believe the Dill was correct. After we receive your letter. we
cannot try to collect any amount you question. or report you as delinquent. We can continue to bill you for the amount you question. including finance
chames. and we can apply any unpaid amount against your credit line, You do not have to pay any questioned amount whfie we are investigating, but you
are slill obligated to pay me parts of your bill that are not in question.
If we find that we made a mistake on your bill. you will not have to pay any finance charge related to any questioned amount. If we didn.t 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 wlite to us within 10 days telling us that you still refuse to pay. we must tell anyone we r~ort you to that you
question your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone lJIIe report you to that the matlerhas been sellled
between us when it finally is. If we don't follow these ruies. we can.t collect the first $50 of the questioned amount. even if your bill was correct.
Special Rule for Credit Card Purchases. 11 you have a pro!J\em with the quality 01 the proP.!lfly or services that you purchased with our credit card and you
have tlied in Qood faith to correct the problem with the merchant. you may not nave to pay the remaining amount due on the goods or services, There are
two limitations on this light: (a) you must have made the purchase in your home state, or if not within your home state. witfiln 100 miles of your current
mailing address; and ,(b) the purchase plica must have been more than $50. These limitations do not apply if we own or operate the merchant, or If we
mailed you the advertisement for the property or services.
Z561
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-01747 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST SELECT INC
VS
CHAMBERS THOMAS R
DAWN KELL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
CHAMBERS THOMAS R
the
DEFENDANT
, at 0015:27 HOURS, on the 29th day of March
, 2001
at 35 RIVERVIEW DRIVE
ENOLA, PA 17025
by handing to
THOMAS R. CHAMBERS
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
9.30
.00
10.00
.00
37.30
SO~-'~
R. Thomas Kline
03/30/2001
APOTHAKER & ASSOC, P.C.
Sworn and Subscribed to before
By:
~~1.~
Deputy Sheriff
me this
~
II -
day of
OF3f ~I A.D.
~ t1 )M,IJO, ~ ~
rothonotary ,