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HomeMy WebLinkAbout01-03325 , .. , 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. ALICIA J DrMOFF Defendant NO. D/- 33.2.$ Go~l y~ 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. l"1iU", . " " ,. '"".1---' , , - . 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#:4168100012993620 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS ALICIA J DIMOFF 36 TRINE AVE MOUNT HOLLY SPRINGS, PA 17065-114f DEFENDANT ; NO. (;}/- 33.;15' ~ TLA.N- 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 Driv~, Pleasanton, CA 94588. Plaintiff is the owner of this account, which is the subject matter of this action. 2. The Defendant, ALICIA J DIMOFF , is an individual who resides at 36 TRINE AVE MOUNT HOLLY SPRINGS, PA 17065-1143, . 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 4168100012993620. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. -'~1 r, c 'f' > , - . - 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 $6,706.26 as of 01/05/2001, plus pre-judgment contractual interest at the rate of 18.00% 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 $1,140.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $6,706.26, plus pre-judgment interest at the contractual rate of 18.00% per annum from 01/05/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,140.00, 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. '''"0''';j;N@!!IIil!I\,I\I!'''"""",,~ ._ .~. '-, - , -'.. - "r ~~ . 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 $6,706.26, plus pre-judgment interest at the contractual rate of 18.00% per annum from 01/05/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,140.00, 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. :"'itI"'_ ,_ ~~ ", ,'" , , "" -~ r- ".,. ,~~ ,~ . . I, VERIFICATION DELORES CHARLES , 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 stat~ments 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, in the State of California. h ChJA1h Date Designated Agent "', "'~', -, ,_'=1~~"_'~' _,_ ,., -~ 5040 JOHNSON DRIVE P.O. BOX 9104 PLEASANTON, CA 94566 888-964-4000 o F1RST SELECT COR P 0 RAT o N ACCOUNT AGREEMENT r,:XHIBIT Your DISCOVER account has been transferred to First Select COrp<Jration. Your DISCOVER account was closed at the time ?fthis transfer, and will therefore continue to be closed. This Account Agreement contains the terms that govern your First Select account (the" Account:'). In ~s A?I'eement, "you" and "your" (oean each person who is liable for payment on the Account. "We," "our," "ours," and "us" mean First Select Corporation or Its assignees. Because your Account has been transferred to us. you are now obligated to repay the Account to us instead of DISCOVER. lfthe Account was opened as ajoint account, we may act on the instructions of any joint accountholder. l?ayments! Financ.e cnarges. As long as you have a balance outstanding on your Account, fmance 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 DISCOVER account terms (the "Original Terms"). If your Original Terms provided for different Annual Percentage Rates to be applied to different components of your outstanding balance, we will apply the lowest such Annual Percentage Rate to 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 right to collect all amounts owing under this Agreement. . 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 permitted by the law of your state of residence, whichever is lower. We win charge your Account a fee for each returned payment check (returned check charge). The amount of the 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 Terms, and to the extent permitted by applicable law, in addition to your obligation 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 attorneys' . fees and court costs. If your Original Terms provided for an award of attome~' fees and court costs, such provision as incorporated herein shall apply reciprocally to the prevailing party in any lawsuit arising out of this Agreement . N on-Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement v.rithout losing our right to enforce it or any other provision later. Applicable Law; Severability; Assignment. No matter where you,live, this Agreement and your Account 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 governed by federal law and. the law of your state of residence. This Agreement is a fmal expression of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement. If any provision of this Agreement is held to be invalid'or unenforceable, you and we will consider that provision modified to conform to applicable law, and the rest of the provisions in the Agreement will still be enforceable. We may transfer or assign our right to aU or some of your payments. If state law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a financing statement with the state's Secretary of State. Credit Reporting. lfyou fail to fulfill the terms of your credit obligation. a negative credit report reflecting on your credit record may be submitted to a credit reporting agency. In order to dispute any information we are reporting about your Account, you must write to us at the following address; First Select ' Corporation, P.O. Box 9104, Pleasanton, California, 94566. YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FliTURE 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 infonnation about an entry on your bil1, v.rite us, on a separate sheet, at the following address: First Select Corpo.ration, P.O. Box 9104, Pleasanton, CA 94566. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the fIrst bill on which the errOr or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following: Your name and Account number, The dollar amount of the suspected error. Describe the error and explain, if you can, why you believe there is an error. If you need more infonnation. describe the item you are not sure about. Your Rights and Our Responsibilities After We Receive Your Written Notice W ~ must ac~owledge your letter within ~O days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we beheve the bIll was correct. Me: we receive y~ur letter, we cannot try to collect or report you as delinquent as to <UJY amount you question, including finance charges. We can apply any unpald 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 biB that are not in question. ' Ifwe find that We made a mistake on yourbi.ll. you will not have to pay any finance charge related to any quc-stioned amount. lfwe did not make a mistake, you may have to pay fmance charges, and you wtll 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 dat.e that it is du~. lfyou fail to pay the amoun~ we think. you owe, we may report you as delinquent. However, ifour explanation does not satisfy you and you -wnte to us withm 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 it finally is. ,; Ifwe do not follow these rules, we cannot collect the first $50 ofthe questioned amount eVen if your bill was correct Special Rule for Credit Card Purchases If you hav~ a problem with the quality of goods and services that you purchased with your DISCOv'ER credit card and you have tried in "ood faith to correct the problem WIth the merch<I?t, you may not have t? pay t~e ~emaining amount dUl~ o? the goods or services. There 3!"~ two limitations to thi; right (a) you must ha~e made the purchase In yourho.m~ st~te or, Lfnot Wtthl~ y?ur home state, wlthm 100 miles of your current malllOg ~ddress; and (b) the purchas~ price must h.n,e b.een more than .550. These bmJ.!atJODS do /lot apply JfeJther we or DISCOVER own or operate the merchant, or Jfwe or DISCOVER mailed you the advertIsement for the property or servIces. Z586 Z586 "";"" ,? ' , ~ , ~ ~ ~t".. .D~~~,_r ,~. ~, ~,~. -~, "-,, ,,",,"', . "e"'^,4 " '" ~ "~~' - . I.IUIIiIIl -irC' ~ (J ~ 'bq, Ii. i ~ 6 ",',0 ,--~ h d ..'- 10 , ~, 8 '1 I'''''! -->,~ ~ -. "-__'r r.,:' -. 0 (.0 " '-> ..c: 8 ...0 , .. .).J ~ ~~- , -.... ~ {? '-", .... -. ).>(0- ~t? J 1-- -.c:_. ----1 (:J -<, ,~.It"~I!l~~~:;;'~fl'Ol'l~,""i''>!'''"''''''WJ91','-''RY!!F!:''''!'''~_t~~~~1f.1.~",g:'W.l[iO.~~~'l~1'I?-il<t~~, , SHERIFF'S RETURN - NOT FOUND . CASE NO: 2001-03325 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST SELECT INC VS DIMOFF ALICIA J 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 DIMOFF ALICE J but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , DIMOFF ALICE J NEW ADDRESS 1631 SUGAR BUSH LANE CHAMBERSBURG PA Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 3.72 5.00 10.00 .00 36.72 R. Thomas K1:ne // Sheriff of Cumberland County PARK LAW ASSOCIATES 06/07/2001 Sworn and sUbscribed to before me this .n~ day of ~ 2~( A.D. Q~, 0 l1wL ,~ P onotary I re..:!", ~ .,,-' ~, ", ~r..~ , ,.., "1 ,~ (' - ~ - - --~ ~- . . I HEREBY CERTIFY THAT THE iiiiTHIN IS A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE ~RNEY FOR PLAINTIFFIBIII'I!Il!._..T 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 Tf'UECOPYFROM ReCORD to TllIIltiinooy wl\efecf, 1 !We ,unto sstmy hancl .. the _ m said Coort at Carlisle. PI.. '-~:e~~.~~~~ FIRST SELECT, INC., Plaintiff VS. ALICIA J DIMOFF Defendant I ! NOTIC! NO. 6/- 33.2.$ Cto~LC'L~ 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. ~, .,- " ---.,....,., ~ ,." = ~r "- - . .. . 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#:4168100012993620 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS I I I i SPRINGS, PA 17065-114~ DEFENDANT i NO. ! CIVIL ACTION ALICIA J DIMOFF 36 TRINE AVE MOUNT HOLLY j 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, ALICIA J DIMOFF , is an individual who resides at 36 TRINE AVE MOUNT HOLLY SPRINGS, PA 17065-1143, . 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 4168100012993620. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. '-.""'" ~, , -I 'c ", "'" -,-- 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 $6,706.26 as of 01/05/2001, plus pre-judgment contractual interest at the rate of 18.00% 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 $1,140.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $6,706.26, plus pre-judgment interest at the contractual rate of 18.00% per annum from 01/0~/2001 until the date of the judgment herein, plus reasonable at~orney's fees in the amount of $1,140.00, 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. '<r~r ,,~~"""" -" ~'. -, , . ~, , 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 $6,706.26, plus pre-judgmentip.terest at the contractual rate of 18.00% per annum from 01/05/2001 until , " the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,140.00, 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. :~7'" , ,....-. , ,~,~ , ~~- "- "~- _.." I, VERIFICATION DEI..ORES CHARLES , 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, in the State of California. 1. ChJA1.L~ Date Designated Agent 7"~ ,'~, -"" "~,7' ^, ~ , " , '"- 5040 JOHNSON DRIVE P.O. BOX 9104 PLEASANTON, CA 94566 888-964-4000 . FlRST SELECT CO.RPORAT ON ACCOUNT AGREEMENT ~XHIBIT Your DISCOVER account has been transferred to First Select Corporation. Your DISCOVER account was closed at the time ?fthis transfer, and will therefore c,onti1]ue to be closed. This Account Agreement contains the terms that govern your First Select ac<:ount (the .. Accoun~"). In !his A.greement. "you" and "your" mean each person who is liable for payment on the Account "We," "cur," "~urs." and "us" mean First Select Corporatton or 113 assl~e;s. Because your Account has been transferred to us, you are now obligated to repay the Account to us instead ofDISCO'VER. If the Account was opened as aJotnt account, we may act on the instructions of any joint accountholder. Payntent3{ Finance Charges. As long as you have a balj11lce outstanding on your Account, finance charges ate calculated as. follows: To figure the finance charges for each billing cycle, we multiply the average daily bailUlce on your .l.\ccount by a dail):"periodic rate. The daily periodic rate we apply is your Account's .'\noual Percentage, Rate divided by 365. The Annual Percentage Rate will be calculated as dtsclosed in your most recent DISCOVER accOUnt terms (the "Original Terms"). If your Original Terms provided for different AI,mual Percentage Rates to be applied to different components of your outstanding balance, we will apply the lowest such Annual Percentage Rate to your enure outstanding balance. We may accept late or partial payments, or payments inarked "paid in full" or marked with other restrictions, without losing our right to collect all amounts owing under this Agreement . Fee3;. We will charge your Account a fee for each billing cycie 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 permitted by the law ofycur state of residence, whichever is lower. 0- We will charge your ACCOUnt a fee for each returned payment check (returned check charge). The amount of the 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 Terms, and tO,the extent permitted by applicable law, in addition to your obligation to pay the outstanding balance on your Acci)unt, plus interest and fees as disclosed herein, we may also charge you for any collection costs we incur, including but not limited to reasonable attorneys' . fees and court costs. If your Original Term:J provided for an award of attorneys' fees and court costs; Such provision as incorporated herein shall apply recij)rocaUy to the prevailing party in aIlY lawsuit arising out of this Agreement . . Non-Waiver of Certain Rights. We may delay or waive enforcement of any provision ofchis Agreement without losing our right to enforce it or any other provision later. Applicable Law; Severability; Assignment No matter where you live, this Agreement and your Account are governed by federal law and by the law of the state designated as the applicable law in your Original Terms. !fyour Original terms did not contain an applicable law provision, then this Agreement and your ' ACCount are governed by federal law and the law of your state of residence. This Agreement is a fmal expression of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement. If any provision of this Agreement is held to be invalid or unenforceable, you and we will consider that ptovision modified to conform to applicable law, and the rest of the provisions in the Agreement will nill be enforceable. We,may transfer or assign our right to, aU or som~ of your payments. If state law requires that you receive notice of such an event to protect the purchaser or assign,ee, we may give you such notice by tiling a financing statement with the state's SeGretary of State. Credit Reporting. If you fail to fulfill the terms ofycll! credit obligation, a negative credit report reflecting on your credit record may be submitted to a credit reporting agency. In order to dispute any infonnation we are reporting about your Account, you must write to us at the following address: First Select . COtporation, P.O. Box 9104, Pleasanton, California, 94566. " YOUR BILLING RIGHTS. KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Cn:dit Billing Act. Notify Us in Case otErrors or Questions About Your Bill If you think your bill is wrong, or if you need more information about an entry on your bill, ....Tite us, on a separate sheet, at the following address: First Select Corporation, P.O. Box 9104, Pleasanton, CA 94566. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the fIrst bill on which the error or problem appeared. You can telephone us, but doing so will- not preserve your rights. In yoUJ letter, give us the following: ;, Your name and Account number. . The dolJar amount of the suspected error. . Describe the error and explain, uyou can, why you believe there is an error. If you need more information. describe the item you are not sure about. Y C1ur Right:! and Our Responsibilities After We Receive Your Written Notice We must 3.cknowledge your letter within 30 days, unless we have corrected the error bv then. Within 90 davs, we must either correct the error or explain whv we believe the bill w~ correct. After we receive your letter, we cannot try to coUect or report you as delinquent as to al)y amount you question, including ftnanc~e chuges. 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 fmd that we 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 mlly have to pay fmance charges, and you will have to make up the missed payme,nts on the questioned amount In either'case, we will send you a statement of tht amount you owe and the date that it is due. If you fail to pay the amount we think you owe. we mavreport you as delinquent However, ifourexpl<l:nation does not satisfy you and you write to us within 10 da.ys telling us that you still refuse to pay, we must t~ll an)'one We report you to that you question your bill. AIld we must tell you the name of anyone we reported you to. We must tell anyone we repon you to that the matter has been settled between us when it finally is. ': If we do not follow these rules, we cannot coUect the first $50 of the questioned amount even if your bin was correct. Special Rule for Credit Card Purch.uses If you have a problem with the quality of goods and'services that you purchased with your DISCOVER credit card and you have tried in aood faith to correct the problem with the merch":Dt, you may not have ~o pay ~e ~maining amount du: o!l the goo~ or services. There 3.!~ two limitations to thi; right: (a) you must have made the purchase LD yourho.m~ st~te or, ,fnot Wtthl~ y?urhome state, Within 100 mlles of your current m:ultng address; and (b) the purchas!: price must have been more than S50. These hmdatlOns do not apply If~lther we or DISCOv"ER own or operate L~e merchant, or if we or DISCOVER mailed you the advertisement for the property or services. " ' -,,"'J!'!~" ~ ~ " '-~ '''''' ZS86 7"'!l.1': 1, ,,~ ., '<, , ~'^~ ,,,,.~ ,",'-~'","~,,"-- ",.-~<,'",>.'" ~_ 'f 0'" ''';;,,,<c ,,,,,,"' _ ">,'"",~",, -, _e ~ . 'v'lll'1 "'1,1. S H.f~ 3d "J --1 r,'. " , ~ 10. V,I lit t: IE LVK .',Jrl'l'. lJJH'jt-~. :, ':"f L,~,_j~~'H,~ jlll1l3HS 7'\t! .J\) ~m~.i(l -, [1'..1.... ~~ li'iru c-;::;} .?,.9J '.~::::J "~ wii"iJ ~) innl '501 L~ .--0::;' (~. ml ... ill_.H_ 'r",_'~R~"1ffffi'llWlf_1'>'g;W-Y)~j'!';","'''~I,''''i;'1;;'>(I''''~j.cr$"",~'''''',!H'i'if~,Jlf~~~i~H:!"":R'I~~_~; '",~' 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. ALICIA J DIMOFF Defendant NO. '01-3325 PRAECIPE TO WITHDRAW WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly Withdraw the above captioned matter without prejudice upon payment of your costs. PARK LAW ASSOCIATES P.C. BY: VALERIE ROSENBLUTH PARK, ESQ. ',40l~~.", -~ '"~I ". . ~~ ,~ - " ~ ".~ .. -" ",.\"" Q:l g ',i;!IP!I > > ',,"" ,.. ~!""-""4-- ~'~'M"'^'" '~ '~>-,~,. 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