HomeMy WebLinkAbout01-1774 FX
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VALERIE ROSENBLUTH PARK
ATTORNEY I.D. # 72094
PARK LAW ASSOCIATES, P.C.
25 EAST STATE STREET
DOYLESTOWN, PA l890l
(2l5) 348-5200
ATTORNEY FOR PLAINTIFF
I HEREBY CERTIFY THAT THE
TRUE AND CORRECT ADDRESS IS:
PLAINTIFF: 4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
DEF: l36 GREASON RD
CARLISLE, PA l70l3-9469
4l68l000l26l4697
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC.
Plaintiff
VS
DENNIS G DEITCH
Defendant
NO.Ol-l774
PRAECIPE 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
$11,788.45
$2,004.00
$507.71
($0.00)
($0.00)
$l4,300.l6
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 (lO) 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 Procefiure
No. 237.l is attached hereto and marked Exhibit "A".
VALERIE ROSENBLUTH PARK,ESQUIRE
Attorney for the Plaintiff
AND NOW, (Yl'a'::.f:. I L ,.JQ6 ( , Judgment is entered
in favor of the Plaintiff and against the Defendant by Default
for want of an Answer and damages assessed in the sum set forth
in the above certification.
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PROTHONOTARY
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS
REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT
TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
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VALERIE ROSENBLUTH PARK
ATTORNEY LD. # 72094
PARK LAW ASSOCIATES, P.C.
DRIVE
25 EAST STATE STREET, P.O. BOX 1779
DOYLESTOWN, PA 18901
(215) 348-5200
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY-COURT OF COMMON PLEAS
I HEREBY CERTIFY THAT TIIE
TRUE AND CORRECT ADDRESS IS:<-
PLAINTIFF: 4460 ROSEWOOD
PLEASANTON, CA 94588
DEF: 136 GREASON RD
CARLISLE, PA 17013-9469
FIRST SELECT, INC.
VS
DENNIS G DEITCH
Plaintiff
Defendant
NO. 01-1774
NOTICEOFPRAEC~EFOR
ENTRY OF DEFAULT JUDGMENT
TO: DENNIS G DEITCH
136 GREASON RD
CARLISLE, PA 17013-9469
DATE OF NOTICE: 4/25/0 I
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN TIllS CASE. UNLESS YOU ACT WITIIIN TEN (10) DAYS FROM
TIIE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WITIIOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIIER
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
TIIE 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.
EXHIBIT
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VALERIE ROSENBLUTH PARK
ATTORNEY I.D. # 72094
PARK LAW ASSOCIATES, P.C.
25 EAST STATE STREET
DOYLESTOWN, PA 18901
(215) 348-5200
ATTORNEY FOR PLAINTIFF
I HEREBY CERTIFY THAT THE
TRUE AND CORRECT ADDRESS IS:
PLAINTIFF: 4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
DEF: 136 GREASON RD
CARLISLE, PA 17013-9469
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC.
Plaintiff
VS
DENNIS G DEITCH
Defendant
NO. 01-1774
VERIFICATION O:r 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 DENNIS/G
DEITCH, Defendant is over 21 years of age; that his/her place of
residence/business is located at 136 GREASON RD CARLISL];;f PA
17013-9469 and that he/she is employed and that he/she '.s" not in
the Military or Naval Service of the United States a its Allies
or otherwise within the provisions of the Soldier and Sailors
Civil Relief Act of Congress of 1940 and its am dments.
PARK LAW SS TE P.C.
BY:
Valerie Rosenbluth Park
Attorney for Plaintiff
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VALERIE ROSENBLUTH PARK
ATTORNEY I.D. # 72094
PARK LAW ASSOCIATES, P.C.
25 EAST STATE STREET
DOYLESTOWN, PA 18901
(215) 348-5200
ATTORNEY FOR PLAINTIFF
I HEREBY CERTIFY THAT THE
TRUE AND CORRECT ADDRESS IS:
PLAINTIFF: 4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
DEF: 136 GREASON RD
CARLISLE, PA 17013-9469
CUMBERLAND
COURT OF COMMON PLEAS
FIRST SELECT, INC.
Plaintiff
VS
DENNIS G DEITCH
Defendant
NO. 01-1774
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you
are hereby notified that a Judgment has been entered against you
in the above proceeding as indicated below:
[X] Judgment by Default
[ ] Money Judgment
[ ] Judgment in Replevin
[ ] Judgment in Possession
[ ] Judgment on Award of Arbitration
[ ] Judgment on Verdict
[ ] Judgment on Court Findings
[ ] Judgment on District Justice Transcripts
[ ] Judgment on Judgment Note
[ ] Judgment on writ of Revival
[ ] Praecipe to Reassess Damages
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE,
PLEASE CALL: Park Law Associates, P.C. at this telephone
number: (215) 348-5200.
PURSUANT TO THE
REQUIRED THAT WE STATE
TO COLLECT A DEBT. ANY
PURPOSE.
PR~HONOTAR._ Y'R ~
1/1 7;A J .
FAIR DEBT COLLECTION P~ TICES ACT, IT IS
THE FOLLOWING TO YOU. THIS IS AN ATTEMPT
INFORMATION OBTAINED WILL BE USED FOR THAT
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VALERIE ROSENBLUTH PARK, ESQUIRE
Attorney I.D. #72094
PARK LAW ASSOCIATES, P.C.
25 East State Street
P.O. Box 1779
Doylestown, PA 18901
(215) 348-5200
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC.
Plaintiff
VS.
DENNIS G DEITCH
Defendant
NOTICEl
NO. 01- 1771...(
Go\(T~
You have been sued in Court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by an
attorney and filing in writing with the Court your defenses or
obj ections to the claims set forth against you. You are warned
that if you fail to do so, the case may proceed without you and a
judgment may be entered against you by the Court without further
notice for any money claimed in the Complaint or for other claims
or relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)249-3166
(800) 990-9108
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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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#:4168100012614697
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC.
4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
PLAINTIFF
VS
DENNIS G DEITCH
13 6 GREASON RD
CARLISLE, PA 17013-9469
DEFENDANT
NO. ()/- /17'1 c:..x:e/~
CIVIL ACTION
1. The Plaintiff, First Select, 'Inc. is a Delaware corporation
organized and existing under the laws of the State of Delaware
with its principal place of business at 4460 Rosewood Drive,
Pleasanton, CA 94588. Plaintiff is the owner of this account,
which is the subject matter of this action.
2. The Defendant, DENNIS G DEITCH, is an individual who resides
at 136 GREASON RD CARLISLE, PA 17013-9469,
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 4168100012614697.
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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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 agreed.
6. The Defendant is indebted to the Plaintiff in the amount of
$11,788.45 as of 12/05/2000, plus pre-judgment contractual
interest at the rate of 12.00% 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 $2,004.00.
WHEREFORE, Plaintiff demands that judgment be rendered in
favor of the plaintiff, FIRST SELECT, INC. and against the
Defendant in the amount of $11,788.45, plus pre-judgment interest
at the contractual rate of 12.00% per annum from 12/05/2000 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $2,004.00, 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.
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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 $11,788.45, plus pre-judgment interest
at the contractual rate of 12.00% per annum from 12/05/2000 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $2,004.00, 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.
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VERIFICATION
HEATHER KOOREMAN
, 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,
f California.
Date
Designated Agent
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IMPORTANT LEGAL NOTICE
Ffedtherald lbaw gives you 30 <jays fI!'t~r :\'ou rec~ive this l~tter to dispute the validjty of.the debt or ;my part of it. If you d.o not dispute the validit
o ,~ e t, or aI).y part .oht, Within that penocl we will assume tl)at the debt IS valid. .Ify'ou ~spute the deb~ or any part .of it, in writing-b
matrifi\lng ,!S a nofttce to that effecJ: on.or pefore the 30th,day f.olloWIng,t!je dat~ you recelveo this letter-we Will opt;tin and mail t.o y.ou proof
(ve catton) 0 the d~bt. And if WIthip the sam~ peno<1, y.ou request In wnting the na)lle an~ addres~ of the Qnglnal creditor (ifilifferent
frd .obm tl)lel currb ent creddidt.or), ,we Will jUrnish y.o,! WI!lj that t'rii'.onnafi.on to.o, If we 0.0 recelVe a tImely wntten n.otIce, all eff.orts t.o c.ollect this
e t WI e suspen e untIl we mail any reqmred InfonnatI.on t.o y.ou, '
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ACCOUNT AGREEMENT
Cr~dit.Reporting., If you fail to fulfill th~ tenns of your credit
obhgatt~~i. a jlegattve credi.t report ,reflectIng .on your credit record
mayJle ,uu~ttea to a credit r\lJlOrling agency, ill order to dispute
any informatIon we are rep.ortIfig abOut y.our Account.you must
wnte t.o us at the f.ollowing addiess: First Select, P,O. Box 9104,
Pleasanton, California 94566,
Sharing Informatian. We ma share information with .our
affiliates includin wi .out ta.o OVl an a 0 Bank
an rOVl an . owever ' u ma wn e 0 us at an tIme
inS ng US no .0 s are cre 0 tIon WI '.our ' tates.
YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE
This notice contains important inf.onnation about your rights and
.our resp.onsibilities under the Fair Credit Billing Act,
Natify Us in Case .of Errors or Questians About Your Bill
If you think your bill is wrong, .or if you need more infonnation
about an entlY on your bill, write us, on a sCI>l!fate sheet, at the
following address: First Setect, P.O. Box 9104, Pleasanton,
Califormai\. 94566. Write to us as so.on as poSSIble. We must heat.
fr.om you 0 later than 60 days after we sent you the first bill on
wi!icli the,rr.or or problem appe<rred. You can telephone us, but
dOing so Will not preserve your nghts,
In the letter, give us the f.ollowing:
- Your name and Account number,
- The dollar am.ount .of the suspected error.
- A description of the err.or and an explanati.on, if possible, of
why you believe there is an err.or, If you need m.ore infonnation,
describe the item you are n.ot sure about.
Yaur Rights and Our Responsibilities Mer We Receive Your
Written 'Notice
We must ackn.owledge your letter within 30 days, unless we have
corrected the error bY then, Within 90 days, we must either correc
the err.or or e?<plain why we believe the bill was c.orrect, After we
receive your letter, we cann.ot try t.o collect or rep'ort y.ou as
delinquent as to any amount you q]lesti.on, incluiling finance
charKes. We can apply any unpai,d amount againj;(your credit line
You 110 n.ot have to pay any questIoned amount while we are
investigating, but YQU are still obligated to pay the parts of the bill
that are not In questI.on,
If we find that we have made a mistake on your bill, you will not
have to pay any finance charge related to any questIoned am.ount.
we did not make a mistake, y.ou may have to pay finance charges,
and you will have t.o make up the missed,Jl.aytll(;nts on the , '
questioned am.ount. In either case, we will send you a statement oj
the amount y.ou .owe. And the date that it is due. If y.ou fail to pay
the amount we think you owe, we may report y.ou as delinquenf.
However, if.our explanation uoes not satiSfY- you and you write to
us within 10 days telling us that y.ou still refUse to,pay, we must tel
aI).yone we report you to that you questton y.our bUr. And we must
tell y.ou the name.of any.one we reported you to, We must tell
anyone we r~.ort you to that the matter lias been settled between m
wlien if finalry is If we do not follow these rules, we cannot
collect the first $50 of the questioned am.onnt even if y.our bill was
correct,
Special Rule far Credit Card Purchases
If you have a pr.oblem with the quality of goods and services that
you purchased with y.our FIRST 1JNION credit card and you have trie,
In good faith to c.orrect the problem with the merchant, you may ll(
have t.o pay the remaining amonnt due .on the goods or services,
There are two limitations to this right: (a) you must have made the
purchase in your h.ome state or, if n.ot within your home state, '
within 100 miles of your current mailing address' and (b) ,the, ,
purchase price musrhave been more than $50, These hnutatlOns c
not apply if either we or FIRST 1JNION own .or operate the merchant,
or we Qr FIRST UNION mailed you the advertisement f.or the proper!]
or servIces.
Your FIRST UNION aCCQunt has been transferred to First Select,
Your fIRST UNION a,cQunt was closed at the time of this transfer
and Will theref.ore c.onttnl1e to be closed This Acconnt Agreement
contains the tenns that gQvernz.our FirSt Select account (!he
11 Account"). In this Agreemen, "you" and f1y_Qur" mean each nerson
who is Haole for payIpent on the Account "We" "our I. and ''Us''
mean First Select .or its a~signees, BecauSe your AccoUnt has been
transferred to u~ YQu_are now obligated to repay the Account t.o us
instead of FIRS t UNION, If the Acc.onnt was op.ened as aj.oint
account, we may act .on the instructi.ons .of any joint acconnt h.older,
Paymen~slFinance Charges. As l.ong as you have a balance
outstanding on your Account, finance charges are calculated as
follows:
To figure the finance charges for each billing 9'cle, we multiply the
average daily balance on your acconnt by a dhiIy periodic rate, The
daily p,eriodic rate we .!I1JJjIy is your Account's Anhual Percentage
Rate divided by 365, The AnnUal Percentage Rate will be
calculated as disclosed in your m.ost recent FIRST UNION account
tenns (the "Original Tenns"). If your Original Tefl!).~_pr.ovided for
different Annuli Percentage 'Rates to be applied t.o ditlerent
components of your outstanding balance, we will app'ly the lowest
sucli Annual Percentage Rate on your entire outstanilihg balance.
We may accept late or partial paYlJlents, .or payments marked "paid
in full" or marked with other restrictions, WItliOUt losing our riJillt to
collect all am.onnts owing nnder this Agreement. Y.ou may asKFirst
Select to lLay your Account by debiting your checking or savin~
ac,ount., rHSt Select will first verifY your ,ideJ;ltitv ana ~ligibih ,for
this service, You may revoke your authonzatton 'by wntIng to Irst
Select Customer ServIce.
Fees. We will charge your Account a fee for each billinK9'cle
within which your ACCOunt is delinqJlent (late charge), The amonnt
of the late charge will be as disclosea in y.our Original Tenns or the
maximum late charge pennitted by the law .of your state of
residence, whichever is lower.
We will charge your Account a fee f.or each returned payment check
(returned check charge), The amount .of the returneacfieck charge
will be as disclosed in YOur Original Tenns, or the maximum
returned check charge pennittea by the law of your state of
residence, whichever is lower,
To the extent provided in your Original Tenns and to the extent
Jl.ennitted by. applicable law, in addition to YOur obligations to pay
!be outstanding 'balance .on your Acc.ount, plus rnterest and fees as
disclosed herem, we may also char,ge you for any collection costs
we incur, including but not limited-to reasonable attorney's fees and
court costs, Ify.our Original Tenns provided for an award of
att.orney's fees and court costs, such provision as incorporated
he,r,in shall applY reciprocally to the prevailing party In any lawsuit
ansmg out oIthis 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 provisi.on later,
Applicable Law, Severability, Assignment. No matter where you
live. this Agreement and your ACCOunt are governed by federal law
and'by the raw of the state designated as the applicable law in your
Original Tenns, If your Originill Tenns did not contain an
applicable law proVIsion, then this Agreement and lOur. Acc.ount are
governed by federal law and the law of y.our state 0 reSIdence,
This Agreement is a final expression or the agreement between you
and us and may not be contradicted by evidence of anv alleged oral
agreement. If a provision of this agreement is held to be invalid or
unenforceable, you and we will consider that provision m.odified to
confonn 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 of your payments, If state law reqnires tfiat you
receive notice of such an event to protect the purchaser or the
assignee, we may give y.ou such notice by filing a financing
statement with the state's Secretary of State,
Customer Service. For general questions regarding vour First
Select account _please call our toll-free serVlce HumBer.
1-888-924-20(j(J, For quality assurance purposes, and to improve
customer seryice and securi,ty. telephone cans to or from our offices
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