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HomeMy WebLinkAbout01-03332 1 - . 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. WILLIAM MARTIN NOTIcE: NO. tJ I- ..2J3~ 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 ta~e 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 WI~L BE USED FOR THAT PURPOSE. .,~,,~ -~ < " ~ . r . I' .. VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72.094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:4168100012922900 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS WILLIAM MARTIN 623 HIGH ST ENOLA, PA 17025-3162 DEFENDANT 33";L &:J I~ NO. 01- -" 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, WILLIAM MARTIN, is an individual who resides at 623 HIGH ST ENOLA, PA 17025-3162, . 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 4168100012922900. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ':U$<fUu, 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 $11,765.16 as of 01/04/2001, 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 $2,000.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $11,765.16, plus pre-judgment interest at the contractual rate of 18.00% per annum from 01/04/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,000.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT II 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. 12. It would be inequitable for this Court to allow the Defendant THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. "l'n ",.,~- "'~,~, --I' ,~-, ,~- " ~ .. 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 $11,765.16, plus pre-judgment interest at the contractual rate of 18.00% per annum from 01/04/2001 until the date of the judgment herein, plus reasonable attorney's fees '. - , . in the amount of $2,000.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY, v1 ~ VALER 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. ~,,~, , e, r~' , ''--'' . ... 1, VERIFICATION MARY M. MAXEDON , 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 ~hat 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 ~rue and correct. Executed at Alameda County, in the State of California. ~ Date Designated Agent :"Ffi',JI_, ,," ,,~^". ''''"'-';-''-,- I , F 'RST SELECT , ... . EXHIBIT A ACCOUNT AGREEMENT Your DISCOVER account has been transferred to First Select Corporation. Your DISCOVER account was closed at the time of this transfer. and will therefore continue to be closed. This Account Agreement contains the terms that govern your First Select accowrt (the "Account"). In this Agreement:, "you" and "your" mean each person who is liable for payment on the Account. "We," "our," "~urs,." and "us" mean First Select Corporation or its assi~.es. Because your Account has been transferred to us, you are now obligated to repay the Account to us instead of DISC OVER If the Account was opened as a Joint account, we may act on the instntctions of any joint accountholder. Payments I Finance Charges. As long as you have a balance outstanding on your Account, finance charges are calculated as follows: To figure the finance charges for eacb billing cycle, we. multiply the average daily balance on YOUT Account by a daily periodic rate. The daily periodic rate we apply is your Account's Annual Percentage Rate divided by 365. The Amwal Percentage Rate will be calculated as disclosed in your most recent DISCOVER account tenns (the "Original Tenus"). 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. You may ask First Select Corporation to pay this account by debiting your checking or savings account. First Select Corporation will first verify your identity and eligibility for this service. You may revoke your authorization by writing to First Select Corporation Customer Service. Fees. We will char~ 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 Tenns or the maximum late charge permitted by the law of your state of residence, whichever is lower. We will charge your Account a fee for each returned payment: check (returned check charge). The amount of the returned checlc. charge will be as disclosed in your Original Tenns, 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 Tenus, and to the extent permitted by applicable law, in addition to your obligation to pa.y the outstanding balance on your Account, plus interest andfees 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 attorneys' fees and court costs, such provision as incorporated herein shall apply reciprocally to the prevailing party in any lawsuit arising out of this Agreement. Non-Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other provision later. Applicable Law; Severability; 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 Tenus~ 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 final 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 confonn to applicable law, and the rest of the provisions in the Agreement will still be enforceable. We may transfer or assign ourright to all 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 staten1ent with the state's Secretary of State. Credit Reporting; Personal Infonnation. If you fail to fulfill the tenus 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 atthe foIlowin~ address: First Select Corporation, P.O. Box 9104, Pleasanton, California, 94566. We may slrfll'einj'armllt'9n with 911T u/TJiatn including. with9J1t limitatl91f. Pro"piJian Nat;ollalBak aJProviJi,," Bank. HUWr;rlU, YOJl may write to us at allY time;lIsmtcnllg U$ nottoslrfll'e crerlitinj'rmnutiolllVitlr om' affililltes. YOUR BILLING 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 wrong, or if you need more infonnation about an entry on your bill, write 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 heat from you no later than 60 days after we sent you the fltSt bill on which the error Of 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 We. must ackp.owledge your letter within 3.0 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we beheve the b1l1 was correct. ~ we receIVe y~ur letter, we ~ot try to collect or report you as delinquent as to any amount you question, including finance charges. We can apply any unpmd amount against your credit lme. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of the bill that are not in question. Ifwe find that we made a mistake on your bi.ll, you will not have to pay any finance charge related to any questioned amount. Ifwe did not make a mistake, you may have to pay finance charges, and yo.u w1l1 have to m,ab up the rmssed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the dat~ that lt IS .du~. If you fail ~o pay the amou~ we think. you owe, we may report you as delinquent However, if our explanation does not satisfy you and you wrrte to us Within 10 days tellmg 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 of the questioned amount even if your bill was correct. Special Rule for Credit Card Purchases !fyou hav~ a problem with the quality of goods and services ~a~ you purchased with your DISCOVER credit card and you have tried in good faith to correct the problem With the merc~ you may not have t~ pay ~e ~emauung amount ~ ~ the goods or wrnces. There are two limitations to this right: (a) you must have made the purchtLse m your ~ ~te or, ifnot ~ Y?llr home state, Wlthin 100 miles of your current mailing address; and (b) the purchase price must have ~ more than $50. These hnl1~lons do not apply if etther we or DISCOVER own or operate the merchant, or ifwe or DISCOVER mailed you the adverbsement for the propeny or servIces. r~llll~ ;"-'i',,_, ,_< ~,""_ +r .'~ ,'~. 'T' I~ ~ ",-- < .."...,..,~<]jlJ~~ =-". -. .,,"-" ., ~""-~ j \ .... " '. ~ 0- ~ 0 ~-"' rQ ~ * c:: -" =J~: ~ Ct), \) -Oi_~-;:- --'-<:: rlli',. )U ~ & ~ ~?;:) :"'i.) -. \) ~ ~ I -V I -" _u. N '" p.::: r :->-., )0 "-J " ..:B ::=1 :,A) $ '< CJ , ~Tn" ,*l!ll~'iNmji"'~FilO"Iii,~'_<\j",Jh"Wi-'!V..}]-~~:r."t"t""t!<;"l!'!!'J\WMilC~I1"~I,;:+wl."~,~;;r(-m~w~'~,?~. 01 ~JR1R":~_ ~n - SHERIFF'S RETURN - NOT FOUND CASE NO: 2001-03332 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST SELECT INC VS MARTIN WILLIAM 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 MARTIN WILLIAM but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , MARTIN WILLIAM UNABLE TO SERVE PRIOR TO EXPIRATION. PO BOX 194 CAMP HILL, PA 17011 (MAILING ADDRESS) Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 10.40 5.00 10.00 .00 43.40 ~~ R. 'Thomas Kline Sheriff of Cumberland County PARK LAW ASSOCIATES 07/03/2001 Sworn and subscribed to before me ---- this day of \.) u..('1 ~o 'c'-F""""'~~R"" I"'f""~ , =:t ~~,' " "" . . I HEREBY CERTIFY THAT THE wiTHIN is A TRUE AND CORRECT COPY OF THE ORIGINAL ON FI LE ~RIIIIY FOR PL.AINTIFF,.;"L. IT 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 lRUE COPY FROMREGO"'D .. '" TlItimony wtleI'tlo(, I h!lre Unto. ~ lIand .. the .. of sald-COUIta't ~ 91... ro+- . FIRST SELECT, INC. Plaintiff I I - t i NOTICt NO.bl-.3~~ GuJ.Y~ VS. WILLIAM MARTIN 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. r" 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. ,>,~ ~.p ~- ~- ~ ~. .. , , VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIArES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:4168100012922900 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF vs WILLIAM MARTIN 623 HIGH ST ENOLA, PA 17025-3162 DEFENDANT NO. CIVIL tCTION j 1. The plaintiff, First Select, lInc. is a Delaware corporation organized and existing under the laws of the State of Delaware with its principal place of business a~ 4460 Rosewood Drive, Pleasanton, CA 94588. Plaintiff is the owner of this account, which is the subject matter of this action. 2. The Defendant, WILLIAM MARTIN, is an individual who resides at 623 HIGH ST ENOLA, PA 17025-3162, . 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 4168100012922900. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. "}'~,~,"",_,~M ., - '.' 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 $11,765.16 as of 01/04/2001, 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 $2,000.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $11,765.16., plus pre-judgment interest at the contractual rate of 18.00% per annum from 01/04/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $2,000.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT II 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. . The Defendant accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. 12. It would be inequitable for this Court to allow the Defendant THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. -"Ii':?'; ~ .' ,.. " , . to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands that Judgment be rendered in favor of the Plaintiff, First Select, Inc. and-against the Defendant in the amount of $11,765.16, plus pre-judgment interest at the contractual rate of is.oO% per annum.from 01/04/2001 until the date of the judgment herein, plus reasonab.le attorney's fees in the amount of $2;000.OQ,"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 P~SUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ~ "~- ,', ~ ",." . ,-: -, - .. I, VERIFICATlbN' MARY M. MAXEDON , 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. - Date Designated Agent .'t;\~"""" '~__, '_':""'~_' ,'-'n-' . _ _, 'f'. FR5'T S'ELECT EXHIBIT A ACCOUNT AGREEMENT Your DISCOVER account has been transferred to First Select Corporation. Your DISCOVER account was closed at the time oftbis transfer, and will therefore -.to be closed. This Al:count Agreement clllllains!be tetms that govom your FiIst Sekct acccunt (!be "~'). In thi. Agreem<ml, "y<lU'~ and ''your'' mean each person who is liable for payment on the Account. "We," "our/, "~urs," and ''us'' mean First Select Corporation or its assi~e.es. Because your Account bas been trat1SfelTed to us, you are now obligated to repay the Account to us mstead of DISC OVER. If the Account was opened as 8JOint account. we may act on the instructions of any joint accountholder. payments I Finance Charges. As long as you have a balance outstanding on your Account:. finance charges are calculated as follows: To figure the finance charges for each billing cycle, we multiply the average daily balance on your Account by a daily periodic rate. ,The daily periodic rate we apply is your Account's Annual Percentage ~ divided by 365. The Annual Percentage Rate will be calculated as disclosed in your most recent DISCOVER account tenns (the "Original Tenus''). 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 payinents, or payments nwked "paid in full" or marked with other restrictions. without losing our ri~ to collect all amountS owing undcrthi& Agreement. You may a&k FiIst Select Cctporatlcn to pay thi& $CCount by deblling your cbecking or savings account. Fin! S.I.ct CcrporatIcn will tim verifY your identity and eligibility for this service. You may revoke your authorization by 'Miting to First Select Corporation Customer Service. F.... W. will charge your Acccunt a f.. for each billing cyclc within which your Account is delinquent (late charge). Th. amcunt cf!be late charg. will b... disclosed in your Original Tenns or the maximum late charge pennitted by the law of your state ofresidence, whichever is lower. .. Wc will charge your Acccunt a f.. fer each returned paymon! cbeck (rctumcd chock charge). Tho amount of!be rctumcd chock charge will b... disclcsod in your Original Tenns, or the maxiJnum returned check charge permitted by the law of your state of residence. whichever is lower. To the extent provided in your Original T erros, and to the extent permitted by applicable taw, in addition to your obligation to pay ilie 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. Ify-Our Original Terms provided for an award of attomeys',fees and court costs, such provision as incorporated herein shall apply reciprocally to the prevailing party in any lawsuit arising out of this Agreement Non-Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other provision later. Applicable Law; Severability; Assigmnent. No matter,where you live. this Agreement and your 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:final expression of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement Ifany provision of this Agreement is held to be invalid or unenforceable. you and we will consider that provi$i~ modified to conform to applicable law, and the rest of the provisions in the Agreementwill still be enforceable. We may transfer or assigD'-Our right to all or~,e of your payments. Ifstate law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing,_ financing stalemon! with tho stat.', S.crotary of State. Credit- Reporting; Personal Infonnation. If you fail to ful:fill 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 'four Account, you must write to us at the followin~ address: First Select Coqroration. P.O. Box 9104, Pleasanton, California, 94566. Wit may sir,", in!tmftf#l9ll whit 9'1R' qj]ilifltu inclllJing. Yfitltorlt limitmfNI, huPiJitln NationtU Ba"A ant.I P,,,.iJitlll BtllI". H tlflll'tvU,YOJl "'CO' md" ru eft any Rmlt inrmu:ting ru 11M t" sltarlt C1'ltJit in/"T11umoIPritlt 0",. fl/Jiliatu. YOUR BILLING 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 orEnon or Questions About Your Bill If you think. your bill is wrong. or if you need more information about an entry on your bill. write 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 your letter. give us the following: . Your n.atne' and Account number. . The- dollar amount'ofthe suspected error. . Describe the error and explain, if you can, why you believe there is an error. If you needmore information. describe the item you are not sure about. Y Ollr Right!J and Our Responsibilities After We Receive Your Written Notice w~ must ~owledge your letter within ~O days, unless we have ~orrected the error by then. Within 90 days, we must either correct the error or explain why we belIeve-the bdI was COITect. A:fterwe receive y~ur letter, we ~llIl;O-ottryto collect or report you as delinquent as to any amount you question. including finance charges. We can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigating. but you are still obligated to pay the parts of the bill that are not in question. Ifwe- find that we 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 ma.y have to pay finance charg~, and )'~u will have-to ~e- uptbe missed paym~ on the questioned amount In either.case,. we win send you a statement of the amount you owe and the dat~ that it IS .du~. If you fail ~o pay the amou~ we think you owe, we may report you as delinquent. However, if our explanation does not satisfY you and you wnte to us Within 10 days tellmg 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 tina1ly is. Ifwe do_not follow these rules, we cannct collect the fttst $50 of the questioned-amount even ifyoUf bill was correct Special Rule tor Credit Card Purdlases If you hav: a problem with the quality of goods and servi'ces ~~ you purchased with your DISCOVER credit card and you have tried in good faith to correct the problem With the merc~ you may not have t~ pay ~ ~emammg amount du~ ~ the goods or services. There are two limitations to this right: (a) you must have made the purchase m your home state or,.ifnot Within your home state, Within 100 miles of your CWTent mailing address; and (b) the purchase price must have been more than $50. These limitations do not apply if either we or DISCOVER own or operate the merchant, or awe or DISCOVER mailed you the advertisement for the property or services. ; ~vv;> -14 ~"~ 'T'- ,.,...-" ,~ ~- ,~, ~ -"" . -~ ,,~ " ~ . ,'"' ",..~~~'"~.~". "%,^"",,,-~. ~ . (~ .~~ ., () :::l ~ f\f'\ \\. ~<t~ Q(~~ ':J\ rlV ~.l /, SrI N3d :~~l c- \"1 ,! \' r', Rnr 10. H,l SZ Z ~ . '.UlIltl;)) \\",'i-"~n~ :l~n;:JHS 3dl ,,0 3..,t;\.JO .~-- ___J ""..- . ._ ,"!I'I'_,...."'!"\'T.."t~"'!llE:._",.l_ 1~~i'!~~l~"~'~nr_>ll'II[!Hijll,'i!-~\P,!i!ii'l'f~!iWFW~lijli]\iijij%'!!iitl~~~~~'!(l'1AL@;! 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA FIRST SELECT, INC. Plaintiff VS. WILLIAM MARTIN Defendant NO. 01-3332 SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: Kindly note that it has been suggested that the Defendant in the above-captioned matter has filed a Petition for Bankruptcy in the United States Bankruptcy Court, and thus this case must be stayed. Respectfully submitted, PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQ. 0;.'.. !-''t'i.'!~'~~~"",~l!,Illl~ _~_ """T"-' . , ,~ . .t\ .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEMPT BROTHERS, INC Plaintiff No. 01-3322 CIVIL TERM vs, CIVIL ACTION - LAW KMS CONSTRUCTION, LLC Defendant INTERROGATORIES TO GARNISHEE IN AID OF EXECUTION TO: Mid Penn Bank 4622 Carlisle Pike Mechanicsburg, PA 17055 PURSUANT TO RULE 3114 OF THE RULES OF CIVIL PROCEDURE, THE FOLLOWING INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION. GARNISHEE IS HEREBY REQUIRED TO ANSWER EACH OF THE FOLLOWING INTERROGATORIES SEPARATELY AND FULLY. PLEASE COMPLETE THE FOLLOWING INTERROGATORIES TO ASSIST THE CREDITOR'S EFFORTS TO SATISFY THE LAWFUL OBLIGATION OF THE ABOVE REFERENCED DEBTOR(S). IMPORTANT NOTICES AND INSTRUCTIONS TO GARNISHEE! A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. B. The term "Defendant(s)" means the individual(s) or entity against whom the Writ of Execution was issued. C. "You" means the main office and all branch offices, representatives, employees, and agents of Mid Penn Bank. D. By service of the Writ of Execution upon you, all property of the Defendant(s) subject to attachment which is in your possession, custody or control is attached, including all property of the Defendant(s) which comes into your possession thereafter. E. These Interrogatories are considered to be continuing and therefore should be modified or supplemented as you receive further or additional information. F. Where exact information cannot be furnished, estimated information is to be supplied. When an estimate is to be used, it should be identified as such, and an explanation should be given as to the basis on which the estimate is made, and the reason the exact information cannot be furnished. <? Where knowledge or info,rmation in possession of a party is requested, such request Includes knowledge of the party s agents, representatives, and attorneys. Document #: 207826. J .."~~~",,... - ~ r ~, '1 .~ " .' \ , ,; PLAINTIFF'S INTERROGATORIES TO GARNISHEE DEFENDANT -KMS CONSTRUCTION, LLC. Checking account #031308807-650439- 3 L DEPOSITORY ACCOUNTS: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any checking, savings, lines of credit, certificate of deposit's or other depository accounts with your institution. If so, state the identification numbers of those accounts, and the amount or amounts the Defendant(s) has in each account. If the Defendant(s) maintains any of these jointly with any other person, or persons, give their name and address. C.h-ec..\<.~"",\ AK.,o~ n,)""~~V' Cv-c<~~I", n-e\~ 0..1. cO\\/J.,h~\ 0'1'- ~ \co..""". Chect~..'1 Ac.c.oo4- ~Oi~ ~ \<1'1\<; C.O"'ST'\tltl..-r 1011/ 1)1\\1111 P St..O-rT A\..h~/Il T MlI..'\.~~ 'JR. (PSt:) Ii 3'1 3 1> <llo--,,~ fp~t,33 l Lc.. IA. DIRECT DEPOSIT ACCOUNTS: Are any of the accounts you have listed above direct deposit accounts? If yes, please state the identification numbers of those accounts. No / 2. SAFE DEPOSIT BOXES: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any safe deposit box or boxes. If so, include the identification number or other designation of the box or boxes. Include a full description of the contents and also the amount of cash among ,those contents. If the Defendant(s) maintains any of these jointly with any other person or persons give their full name and address. ^Io Document #: 207826. J -'1~1B"'~";;rI,>" w." .~ .,.- ''''"~'-r-~'' T > ~" ., """""'" ,-- d . 3. PERSONAL PROPERTY: At the time you were served or at any subsequent time, state whether or not Defendant(s) owns any personal property that was in your possession and/or control. If so, include a full description of all personal property giving full value and present location. State also whether or not there are any encumbrances or liens holders, the present balance of the encumbrance. State where and when the encumbrances or liens were recorded. If the Defendant(s) owns any personal property jointly with any person or persons, give names and address. tJ)A &ll-\-sr~ of f<eofSOfvO.J\ q~t5 o~ tl'45 Qo~'I)~'C'\)~~ ,l..Ll &-e,\t- f') 1).)-eO ~ M:~ p~(\~ ~lc. 4. OTHER ASSETS: At the time you were served or at any subsequent time, did you know of the existence of any other asset(s) of the Defendant(s) which are not disclosed in the preceding Interrogatories. If so, please set forth all details concerning those asset. JVon-e. kf\Ooot.! 5. PROPERTY: At the time you were served or at any subsequent time, was there in your possession, custody, or control or in the joining possession, custody, or control of yourself and one or more other persons any property of any nature owned solely or in part ~y any Defendant(s)? If so, please describe for each Defendant each item of property including Its value. NOflek(\OuJ/I J hOGll-e\f-e'{J M.;~ Ptnl1 ~M'-l( ^6.-S ~;l-ed OCt- a.ga-':l\t- 0..1\ b,;sil\'eS.) 6.SS-et~ ~ kM S c..6(\"'+"\l~';~"';O'" I L\-C, Document #: 207826.1 I_""f~~_,~_, , . ~~ = ~ "~_~.~ - .~, _, ~ ~ < . 1111. ~~~ ",-' ,<i _"em": 1 ' ~ ~ ... 6. REAL PROPERTY: At the time you were served or at any subsequent time, did you hold legal, or equitable title to any property of any nature owned solely or in part by the Defendant(s) or in which and Defendant(s) held or claimed any interest? If so, describe for each Defendant each item of property including its value and the interest held by the Defendant( s). JVI:~ P-e"^Y\ ~M~ ho.$ Ut<... ~<'\~J> oJ 0.1\ 'oIlS~~65 O-%~ J' t1'''\,s tbtJstY"uJ.l~" LLC- 7. PROPERTY HELD AS A FIDUCIARY: At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which any Defendant(s) had an interest? If so, please describe for each Defendant(s) the nature of the property including its value and the interest of Defendant(s). No 8. TRANSFER OF PROPERTY: At any time before or after you were served, did any Defendant(s) transfer or deliver any property to you or to any person or place pursuant to your direction or consent If so, for each Defendant(s) describe the property transferred or delivered including the dates of delivery or transfer and state the consideration paid. Nu METZGER, WICKERSH , KNAUSS & ERB, P.C. "- By Dated: \~~\~\ Steven ur ney, Attorney J.D. No. 74669 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Document #: 207826.1 , ,,- " --, t COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN AFFIDAVIT I, -! fin' l.) ~. 'S Vice President of Mid Penn Bank , a Pennsylvania banking corporatIon, being duly sworn according to law, do depose and say that the answers set forth in the foregoing Interrogatories are true and correct based upon the best of my knowledge, information and belief. MID PENN BANK By ~()'''::& ~~~ Vice Presi ent Sworn and subscribed to before me~ Notary Public, this .;t q day of '-.T 1Ivh...L.. 2001 ~~ No Pub my c mmission expires: :?, \ \ \ 0 + (seal) Notarial Seal JennIfer L. Heck, NotarY Public SUsQuehanna l'Np.,DauDf1In County My CommIsslon Expires Mar. 1, 2004 ema ASllocllition ell j""",I:""*~..J!')fTmJ!!J ~ ~__~ ""!I - ,~ ,\,0 <;\1" o ~ _ H' .. ~. i!il3 IJfl.~ 1 ,_...~..~".., ~'-,-- "~ "',,'=~",." ",--~=.=,..~_. -~ (") ,= , ~-'"-, ,-,- ,,-\ . ~ J /...:',1 ~~< R ~~IJ!!Iffll!ln '''I'".,",''l!I~;:g'F.1~'l'.J_f~'i':':'::'''' ";,,,,0" cO;"--0F'~,r_\li;"'i"''''''''^'E;;''';<'''~'''~i-'NH''_'''",'~~f-~'Io;t_~'We>~W'ii!~'lii!iW,pl.jljf.l'!:jf.!ir~'