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HomeMy WebLinkAbout01-03324 \ . 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. ERIC K MASSEY NOTICE: NO. 01- 33J.'f Cio~l~~ Defendant You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and -filing in writing with the Court your defenses or objections to the claims set forth against you. You are' warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800) 990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 'f~'"nl, ,~ "'~_ ~r ~" ~. f . 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#:4168100013220965 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS ERIC K MASSEY 154 S HANOVER ST CARLISLE, PA 17013-3418 DEFENDANT NO. 01- 33,;}'1 C;;;;-t ~ CIVIL ACTION 1. The Plaintiff, First Select, iInc. 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, ERIC K MASSEY, is an individual who resides at 154 S HANOVER ST CARLISLE, PA 17013-3418, . 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 4168100013220965. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. "'~", ",,,,-, ~r "1 "'_ ~. ,.f;" -~ r . 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 $6,618.24 as of 01/11/2001, plus pre-judgment contractual interest at the rate, of 16.40% 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 th~ amount of $1,125.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $6,618.24, plus pre-judgment interest at the contractual rate of 16.40% per annum from 01/11/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,125.00, 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. """~~~~ 'T'" ~-"" ,- , ~~"^ / , , to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands that Judgment be rendered in favor of the Plaintiff, First Select, Inc. and against the Defendant in the amount of $6,618.24, plus pre-judgment interest at the contractual rate of 16.40% per annum from 01/11/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,125.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: V NBLUTH 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. 'c."'~[!!Il!l~~ f'- - 11' _~_ " , " ~!,1-~r:~,'l;~ , . VERIFICATION I, HEATHER KOOREMAN , declare that: I am a Designated Agent of FIRST SELECT, INC., the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, i S ate of California. Date Designated Agent ,,",~!l(! <,~ _ > ",' '-VHIBIT, Ir I.iYIPORTA.'il' LEGAL .'iOTICE . Federal law gives vou 30 davs after vou receive this letter to dispute the validity of the debt or any part of it. if you do not dispute the validil of the debt. or anv' part of it: within that penod we will assume tl)at the debt IS valid, ,if you <:l1spute the debt. or any part of It. m wnl1ng-1: mailIng us a notice to that effect on or before tile 30th,daY followmg the date you received this letter-wef Whlll obt;lln and lJlml t9 You proof (verification) of the debt. And if. within the sam~ penoq, you request m wnl1ng the name and address 0 t e ongmal creditor (if different from the current creditor) we will furnish vou WltJi that mformal1on too, if we do receIve a ttmely wntten notlce, all efforts to collect this debt will be suspended until we mail any required infonnation to you, ACCOUNT AGREEMENT Credit Reporting. ifvou fail to ful:fill the tenus of your credit obligation. a negative credit report reflecting on vour credit record may"!le submitted to a credit r~porting agency, Ih order to dispute anv mfonnanon we are reportmg about your Account, YOU must wrlte to us at the following address: First Select. P,O, Box 9104. Pleasanton, California 94J66. Sharing Information. We mav share infonnation with our affiliates. includi~ wiUtout lnrutal1on. Provtman NanonaJ Bank and PrOVlman I:l . However. YOU may wnte to us at mr tlme mstrucl1ng us not to Share cremt mtonnanon wIUt our hates, YOUR BtLLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE This notice contains important infonnation about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill If you think your bill is \YI'ong" or if you need more infonnation about an entrY on your bill. wnte 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 wl!icli the ~rror or problem appe;rred. You can telephone us, but domg so Will not preserve your nghts, , 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 need more Ilrfonnation, desciibe the item you are not sure about. YOl!r Ril!hts.and Our Responsibilities After We Receive Your Wntten 'Notice We must acknowledge your letter within 30 days, unless we have corrected the error bY then. Within 90 days, we must either correc the error or e;<plain 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, incluiling finance charl{es, We can apply any unpa;a amount agaiust, your credit line You ao not have to pay any questloned amoWlt while we are investigating, but yo.u are Still obligated to pay the parts of the bill that are not III questlon. If we find that we have made a mistake on vour bilt vou will not have to pav any finance charge related to aJiv ques110nedamoWlt. we did not make a mistake, you may have to' pay finance charges, and you will have to make up the niissed Rayments on the , ' questioned amoWlt. In either case, we wil! send you a statement 01 the amount you owe. And the date that it is due. If you fail to pay the amount we think you owe we mav report you as delinquenr. However, if our explanation aoes not'satiSfv you and you write to us within 10 days felling us that you still refUse topav, we must tel anvene we report you to. that you question Your bil, And we must tell you the name of anyone we reported you to, We must tell anyene we reJlort you to that the matter lias been settled between u: wilen if finally is, If we 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 yeu have a problem with the quality of geods and senices that vou purchased with your FIRST UNION credit card and YOU have trie, in good faith to correct the problem with the merchant, YOU may nt have to pav the remaining amount due on the goods or services: There are two limitations to this right: (a) vou must have made the purchase in Your home state or, if not within your home state, within 100 miles of Your current mailing address: and (b) the purchase pnce musfhave been more than $50, These hmitutions ( not apply if eliller we or FIRST UNIOC1 own or operate the merchant. or we or FIRST UNION maIled you Ihe advertIsement for the proper!' or ser,tlces. Your FIRST UNION account has been transferr~d to Firsf Select. Your FIRST UNION account was closed at the tlme of this transfer and will therefore continue to be closed, This Account Agreement contains the terms that govern your First Select account (the IIAccountfl). In this Agreement "yaull and "yourll mean each~rsDn who is liable for paJ1:llent on the Account. "We," "our," and' us" mean First Select er its assignees. Because your Account has been transferred to us. YOU are now obligated to repay the AccollJ,1t,to us instead of FIRST UNlON, If the Account was op.ened as a lomt account, we may act on the instructions of any joint accoun holder, PaymentslFinance Charges. As long as vou have a balance outstanding on your Account, finance charges are calculated as follows: To figure the finance charges for each billin~jii'cle, we multiply the average daily balance on your account by a aaiLy periodic rate, The daily p.eriodic rate we ilPply is your Account's Anhnal Percentage Rate divided bv 365, The AnnUal Percentage Rate will be calculated as disclosed in your mest recent FIRST UNION account tenus (the "Original Tenns") If your Original Termurovided for different Annual Percentage 'Rates to be applieq. to diJlerent components of your outsta:hding balance, y;e will app'!y the lowest sucli Annnal Percentage Rate on your entIre outstanCling balance, We may accept late or partial paYments, or pay'ments,marked ~paid in full" or marked willi other restrictions, WltJi9ut loslllg our ngj)f to collect all amounts owing under this Agreement. You mayasKFrrst Select to J);lY your Account by debiting your checking or, savings account. rlrst Select will first verify your identity ana eligrbilitv for this service. You mav revoke your authorization by writing to First Select Customer SerVice. Fees. We will charge your Account a fee for each billing0'cle within which your Account is delinq]lent (late c~~~l' The amount of the late charge will be as disclosea in your Ori' 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 returnedpayrnent check (retumed check charge). The amount of the retumeacheck charge will be as disclosed in your Original Terms, or the maximum returned check charge pennittea by the law of your state ef residence, whichever is lewer. To the extent provided in your Original Terms and to the extent Rennitted by, applicable law, in adcfition to vom: obligations to pay Ute outstandinglJalance on your Account, p1us mterest and fees as disclosed herel!\. we may also charae you for any collectien 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 he,n;in shall aPply reciprocally to the prevailing party III any lawsuit ansmg out onbis Agreement. Non-Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement ,vithout losing our right to enforce it or any other provision later, Applicable Law, SeverabilityAAssignment. No matter where vou live, this Agreement and your CCOWlt are governed bv federal raw an<;ll;>y the law of the state qesigI!ated as the applicabl~ law in your On!!lnal Tenns, Ifvour anginal Terms did not contmn an app'ilcabte law provision, then this Agreement and vour Account are aoverned bv federal law and the law of your state of residence, This Agreement is a final expression or the agreement between YOU and us and mav not be contradicted by evidence of any' alleged oral agreement. Ifa provision of this agreement is held to be invalid or unenforceable. vou and we wiII consider that provision modified to confonn to applicable law, and the rest of the provision in the A"reement will still be enforceable, We mav transfer or assign our rigilt to aJI or some of your payments, If stale law requires IliaI vou receive notice of such an evenl to protect the purchaser or the . assignee, we may give vou such notice bv tiling a financing statement with the state's Secretary of State, Customer Service. For general questions regardin~ vour First Select account.J'lease can our tolI-free service nUffiDer. 1-888-92-1-200 , For quality assurance purposes, and 10 improve customer serv'lce and seetln!:'v. telephone carls to or from our ot1ices lIlay be monitored or recorded. :''''~~~, [1',m!lll!l, =~""~ , " " ~ ~ "="""""~~ ~ . ~%1 ~ !:'c , ,,_~ _ "~~" __ """"""" _ - <,,~" _',O:IT,,",",' ,,__ ""'''.''(r' ,~IlUl1fl$'$l'$l"'lI~rqjf:1'RJ ""'~ . ~ ~, {q 7V f ~! <- (f: ~ h .0 ~o~ ~ ~ o(); \l) IJ ~~ -. ).i "'w ~ 1- . "III!1!~" ,J!Jin1;~fl('.'\l;~'~'i"~~')''''':~''''''f''''''''' :Il!J!lL7""'~,"" ' -.-,., 'J'.' ''''"~" n ~; -0(-.: C}l, :' =:,:: [,- (~ ~ -~". , ~2 ~._. -F~ l ~f~(,-- ~:.~ -. c ~" -,:.,. :",) -':'} , . ~."J ::;) U1 -iiI Itl' \ 18 SHERIFF'S RETURN - NOT FOUND .. CASE NO: 2001-03324 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST SELECT INC VS MASSEY ERIC K 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 MASSEY ERIC K but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , MASSEY ERIC K UNABLE TO SERVE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 6,50 5.00 10.00 .00 39.50 ~~~7 R. Thomas Kline Sheriff of Cumberland County PARK LAW ASSOCIATES 07/06/2001 Sworn and subscribed to before me --- this day of ~ '.\,~ _\il~ ,~,., .-"," , .. ~ MAHHE wiTHIN I HEREBY CER~I~~RECT copy OF IS A T~~ :IGINAL ON FILE ~ R PLAINT1FFID5r-IU,,1fI: AT ORNEV FO 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/R.ECORD IaT_lmony wl'IerllOf,lwe unto 3Gt my hanG aOO UIt ~ 01 sal,1 Coo,~l at Carlisle,Pi. ThtII-iJ;; day .Qf ~ ~ '---" , 12--1.0 ,-~. .. .~ FIRST SELECT, INC. Plaintiff i NOTICE: NO. 61- .J.J.,),'f C,C)~t y~ VS. ERIC K MASSEY Defendant You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and 'filing in writing with the Court your defenses or objections to the claims set forth against you.' You are' warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for, other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. J 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. 1"n'i'lf~:I.~ ~~,. "_ ,~,~,~, '" ~-- "~""~----...,,.., -"~'H""""l'i0ffi';m . , , 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#:4168100013220965 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS ERIC K MASSEY 154 S HANOVER ST CARLISLE, PA 17013-3418 DEFENDANT NO. i 1CTION CIVIL ! 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, ERIC K MASSEY, is an individual who resides at 154 S HANOVER ST CARLISLE, PA 17013-3418, . 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 4168100013220965. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. '\j'9l"!ii"~,"F ,~ '~,t~",~, ... 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 $6,6~8.24 as of 01/1~/2001, plus pre-judgment contractual interest at the rate, of 16.40% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $1,125.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $6,618.24, plus pre-judgment interest at the contractual rate of 16.40% per annum from 01/11/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,125.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. j 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. ~ " '. I ,,~" 0, '_ ~c,'~,'_ , '" .. to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands that Judgment be rendered in favor of the Plaintiff, First Select, Inc. and against the Defendant in the amount of $6,618.24, plus pre-judgment interest at the contractual rate of, 16.40% per annum from 01/11/2001 until the date of the judgment herein" plus reasonable attorney's fees in the amount of $1,125.00, 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. '!"~'''''''''r~~~ ," VERIFICATION I, HEATHER KOOREMAN , declare that: I am a Designated Agent of FIRST SELECT, INC., the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, i Sate bf California. Date Designated Agent -:"'"Rf' , f,]i.F"~_~, T , ~~- r~~ >1 _ . . . ~VHiBIT_-1l_ IMPORTA.'iT LEGAL .'iOTlCE Federal law gives you 30 da's after 'ou receive this letter to dispute the validity of.the debt or ~ny pan of it. [f you do not di?p\lte the ,alidil of the debt. or anv pan of it." within .that penod we WIll assume that the debt IS valid. ,If you ,1Ispute the debt. or, any part of l!j m wnllng-t mailing usa notice to that effect on or before the 30th,dav follOWIng tI1e date you recelvea this letter-we WIll obl<lin and !JIm t9 YQu proof (verification) of the debt. And if. within the same penoe\: vou request m wnllng the name and adclres~ of the qngmal creditor (if C1ifferent from the current creditor) we will furnish vou, WIlli that Inl:onnauon too, If we C10 receive a umely wntten nOUce, all efforts to collect thiS debt will be suspended until we mail any requued infonnaUon to you, ACCOu~TAGREEMENT Credit Reporting. Ifvou fail to fulfill the tenns of your credit oblil<ation. a negative Credit report reflecting on 'our credit record may~e submjtteCl to a credit ~porting agency, Ihorder to dispute anv Infonnauon we are reportiilg about vour Account, vou must wnteto us at the following addiess: FirSt Select. P,O, Box 9104, Pleasanton, California 94~66. ' Sharing Information. We mav share infonnation with Our affiliates includin wi out llmtaUon rOV1 an aUon Bank an ProVldlan I:l . owever. vou mav wnte to us at anv ume mstrucung us not to Share credlt m10rmauon Wllh our attlhates. YOUR BtLLL'iG RIGHTS. KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill If you think your bill is wrong, or if you need more information abOut an entrY on your bill. wnte us, on a separate sheet, at the following address: First Select, P.O, Box 9104,Pleasanton, Califorma, 94566:.Writeto us as soon as pOSSIble. We must hear from you no later than 60 days after we sent you the first bill on wi!icll the ,rror or problem app~d. You can telephone us, but domg so WIll not preserve your nghts. 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, ifpossible, of why vou beheve there is an error. If vou need more Information, descfibe the item you are not sure about. Y oqr Ri2l:!ts.and Our Responsibilities Mter We Receive Your Wntten "Notice We must acknowledge your letter within 30 days, unless we have corrected the error bY then. Within 90 d:!YS, we must either corree- 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. ~uestion, inc1uiiing finance chan:.es. We can apply anyunp~d amount ag~your credit line, You ao not have to pay any ,guestloned amount while, we are " investigating, but yo.u are Still obligated to pay the parts of the bill that are not In question. !f we find that we have made a mistake on your bill, you will not have to pav any finance charge related to anv questioned amount. we did nof make a mistake, vou may have to' pay finance charges, and you will have to make up the niissed payments on the ' questioned amount. In either case, we will send you a statement 01 the amount vou owe. And the date that it is due. !f you fail to pav the amount we think you owe we mav report you as delinquent. . However, if our explanation aoes not"satiSfv vou and you write to us within 10 days felling us that you still refUse to pav, we must tel anvone we report you to that you question vour bil[ And we must tell vou the name of anyone we reported you to. We must tell anyone we report you to that the matter lias been settled between u wlien if finalIv is. If we 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 Ifvou have a problem with the quality of croods and services that vou purchased with your FIRST t;o.10N. credit card and yOU have trie in good faith to correct the problem "ith the merchant, vou mav n, have to pav the remaining amount due on the goods or services: There are two limitations to this right: (al vou must have made the purchase in vour home state or, if not within ,our home state. "ithin 100 miles ofvour current mailing address: and (b) the purchase price musfhave been more than 550, These hmitations ( not applv if either we or FIRST UNIO~ 0\'11 or operate the merchant or we or"FIRST UNION mailed you Ihe advertisement for the propert or sen'lces. Your FIRST UNI8N account has been transferred to First Select. Your FIRST UNI N account was closed at the time of this transfer and will therefore continue to be closed. This Account Agreement contains the terms that govern vour First Select account (the "Account"), In this Agreemenf,"vou" and "vour" meaneach,p.erson who is [ialile for paY1)lent on the Account. "We," "our," and' us" mean First Select or its assignees. Because vour Account has been transferred to us. YOU are now obligated to repay the Account to us instead of FIRST UNION, If the A:ccount was opened as a joint account, we may act on the instructions of any joint account holder, PaymentsIFinance Charges. As long as you have a balance outstanding on your Account, finance charges are calculated as follows: To figure the finance charges for eae-h billin~ \\ycle, we multiply the average daily balance on vour account by a aaiLy periodic rate. The daily p.eriodic rate we .IDlply is vour Account's A.nl1ua1.. Percentage Rate diVided bv 365. The AnniJal Percentage Rate, will be calculated as disclosed in your most recent FIRsT UNION account ' t~rms. (the "Original Terms"), If your Origiwll Te11!!5-proVided for different Annual Percentage "Rates to be applied to diJrerent components of your outstanding balance, we will applv the lowest sucn Annual Percentage Rate on your entire outstanding balance. We may accept late or partial pavments, or payments marked "paid in full" or marked witli other reslrictions, Wllliout losing our right to collect all amounts owing under this Agreement. You may asl(First Select to ILl\)' your Account by debiting your checking or savings account. rust. S, elect will first verify your identity ana eligIbilitv for this service. You mav revoke your authorization by writing to First Select Customer SerVice. Fees. , We will charge your Account a fee for each billin~cycle within which your A:ccount is delinq]1ent (late ch~~~l' The amount of the late cillfrge will be as disclosed in your Ori' Terms or the maximum late charge permitted bv the law of your state of . residence, whichever is lower, . , We will charge your Account a fee for each returnedpayment check (returned cheCk charge). The amount of the returnee[ cfieck charge Will be as disclosed in your Original Terms, or the ma:<imum returned check charge permitted by the law of your state of residence, whichever is lower. To the extent proVided in your Original Terms and to the extent llermitted bv awlicable law, in addition to vour obligations to pav ll)e outstanding balance on your Account, plus interest lI)ld fees as disclosed herem, we may a1S0 charcre you for any collecuon costs we mcur, including but not lirnitecrto reasonable attorney's fees and court costs. !fyour Original Terms proVided for an award of attorney's fees and couif costs, such proVision as incorporated he,n;in shall f!Pply reciprocally to the prevailing party m any lawsuit ansmg out otThs Agreement. Non-Waiver of Certain Rights. We may delav or waive epforcement of ~y proVision of this Agreement without losing our nght to enforce It or any other provlSlon later. ~pplic~ble Law, SeverabilitYI Assignment. No matter where vou lIve, this Agreement and your t\.ccount are governed bv federal raw ane;! QY the raw of the state desig:qated as the applicable law in vour Oncrmal Terms, !fvour Original Terms did not contain an . app'i'icable law provision then this Agreement and vour Account are croverned bv federal law and the law of your state of residence. this Agreement is a final expression or the agreement between you and us and mav not be contradicted by evidence of any alleged oral agreement. !fa provision of this agreement is held to'be invalid or unenforceable. VQu and we will consider that provision modified to conform to applicable law. and the rest of the provision in the i\.~eement will still be enforceable, We,rrw.v transfer or assign our ngnt to all or some of vour pavments, If state law requires tlim 'ou receive notice of such 1m evenl to protect the purchaser or the . aSSIgnee. we mnv give vou such notice by tiling a tinancing statement with tIle state's Secretary of State. Customer Servite. For general questions regarding vour First Selecl account. please can our toll.free service numo<!r. 1-888.92-1.209(J, For quality assurance pUlJloses, aqd 10 impro,e customer ser:vlce and secun[v, tekphone cans to or tram our oth;t:;s may be mOl11tored or rccord~d. "T""'"!'I",~,~0:'+"!:'):_,,,,=:_,,,,,,, '~~'-'-f'!, _ - - ~ ,~~ ,< ,,~ ., ~ 4 -"=~" ,v ,~ , 'rl'l,lSHN3d Vli'h!\, '!':iJ "':1-1:-..! ,;0' ~ . IE 11M lOt ~J III t, r 1!""','"I'l1nO,0 HNf!Gg \"'{ ~'6~3~Li:lO ~:l1~3H" 3 L - ! t, '"_ ~~J._, -~~, ~~ ~ .._~ . . , ~'l!i;iffi!'f_'I!!""~,,,'W~l"~j" ~",[J~ ~,~rifl'~ ',' _, ~,= ~-.,^'"~ ;,~,,,,,--,, "," ,"",,,,,'"~~.q"~ ',~~ - """-"," ... T m~ ~ ':~ .~ "' "~.,~ ;''''"-',';;~;i''-?','''''h r.i<\iC11;'1"'''''F;iT;'",,,,,''-~''''I'r(l-,,"'''L''>f''''~iJIi!'Ij\~~ii~':!!~' VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215 348-5200) ATTORNEY FOR PLAINTIFF CUMBERLAND COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS. ERIC K MASSEY Defendant NO. 01-3324 PRAECIPE TO WITHDRAW WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly withdraw the above captioned matter without prejudice upon payment of your costs. ''j,=, " ,~ -- """'~~-~'" '-, PARK LAW ASSOCIATES P.C. BY: VALERIE ROSENBLUTH PARK, ESQ. """""",,,,,Jl!.I';' a!j .~~ = .'~~~"_~O~,'" ",,' ~> 'W ~""~,,," ~~'~",,'" ~4"""""'~"""""'TilDH'h, ^~"UlIIIIlr'm~'~\ 1!; (') 0 0 c: -n '?: (I) ..~ ~r.o ~ i~;~Z~ , rn "'" z:n I 'c'~ zs:: .-J -'n...,.; .-'''-. ! ~;z: 7~31 k"O -C 12 :::.;l: ':.:0-;:0 r;-? 7'=)rn '::c; ~ N ~ $" ::<:: i:w "~ ~~",~~~~lll!'i!mI'~lI!~f,~W~-i"07;.;f~-"'h"'+""f~"';' -"';'r_,"-q"""f,",!>"10>,;,,,'=i<!_"I""i'''";"''--''-i(''n',~r.~""f1i''''''''''~'''''f,Jt\J'','o'iii,''''''''W%''''