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Home My WebLink About03-5411Law Office of John P. Neblett By: John P. Neblett Suite 203 2040 Linglestown Road Harrisburg, PA 17110 717.671.8454 In Re: KATHRYN I. FISHER, Plaintiff AXSYS NATIONAL BANK dPo/a MAPLE STREET MERCHANTS and d/b/a FINGERHUT Defendant Attorney for Debtor Kathryn 1. Fisher In the Court of Common Pleas Cumberland County, PA Civil Action - Law Jury Trial Demanded No.: f)3- 5V// 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 attorney and filing in writing with a court your defenses or objections to the claims set forth against you. You are warded that if you fail to do so the case may proceed without you mad a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F 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, Pennsylvania 17013 (717) 249-3166 Law Office of John P. Neblett By: John P. Neblett Suite 203 2040 Linglestown Road Harrisburg, PA 17110 717.671.8454 In Re: KATHRYN 1. FISHER, Plaintiff AXSYS NATIONAL BANK d/b/a MAPLE STREET MERCHANTS and d/b/a FINGERHUT Defendant Attorney for Debtor Kathryn I. Fisher In the Court of Common Pleas Cumberland County, PA Civil Action - Law Jury Trial Demanded No.: 03- COMPLAINT Plaintiff Kathryn I. Fisher, ("Plaintiff") by and through her undersigned counsel, brings this action against Defendant AXSYS National Bank d/b/a Maple Street Merchants and d/b/a Fingerhut ("Axsys") for violations of the Pennsylvania Fair Credit Extension Uniformity Act and the Pennsylvania Unfair Trade Practices and Consumer Protection Law, mid in support thereof avers as follows: 1. Plaintiff is Kathryn I. Fisher, an elderly individual, with an address of 225 Marlette Drive, Mechanicsburg, Pennsylvania 17050-3927. 2. Defendant Axsys is a business operating in the Commonwealth of Pennsylvania, with a mailing address of P.O. Box 5033, Sioux Falls, SD 57117-5033. 3. Venue in the Court of Common Pleas of Cumberland County is proper inasmuch as the Defendant conducts business within Cumberland County, and the facts and actions over which this dispute arises occurred in Cumberland County. 4. Prior to the time Plaintiffretained counsel, Defendant Axsys was a creditor of Plaintiff and had been engaged in collection activity regarding Maple Street Merchant account number 600-170-800-0106-116 ("Acct. 600") and Fingerhut account number 805-005- 166-0518 ("Acct. 805"). 5. Unable to pay, and distraught over the relentless intimidation and harassment from her creditors, on or about March 3, 2003, the elderly Plaintiff retained counsel to represent her in connection with her debt to Defendant. 6. On or about March 3, 2003, PlaintiWs counsel sent two letters to Defendant via Certified Mail, Return Receipt Requested (the "Communications"), notifying Defendant that "Plaintiff had retained the services of an attorney in cotmection with her debt" and "to direct any further communications directly" to counsel. True and correct copies of the March 4, 2003 letters to Defendant are attached hereto as Exhibit "A.' 7. Defendant received and signed for the Communications on March 8 and 12, 2003. True and correct copies of the front and back of the signed Return Receipt are attached hereto as Exhibit "B'. 8. PlaintiWs counsel received correspondence from Defendant dated March 14, 2003, regarding the Acct 600, asking for verification of PlainfiWs income. A true and correct copy of the ~ont and back of the March 14, 2003 correspondence is attached hereto as Exhibit "C". 9. Despite having actual knowledge that the elderly Plaintiffwas represented by counsel, on March 15, 2003 Defendant sent an unlawful demand for payment. A true and correct copy of Defendant's demand is attached as Exhibit "D'. 10. Two weeks later, despite having actual knowledge that the elderly Plaintiff was represented by counsel, on March 31, 2003 Defendant sent another unlawful demand for payment. A true and correct copy of Defendant's demand is attached as Exhibit "E'. I I. On or about March 31, 2003, Plaintiff's counsel sent a letter to Defendant via Certified Mail, Retnrn Receipt Requested (the "Communication"), notifying Defendant that "the Pennsylvania Fair Credit Extension Uniformity Act does regulate [Defendant's] conduct in the State of Pennsylvania" and "to direct any further communications directly" to counsel; further, Plaintiff's counsel enclosed a Limited Power of Attorney/Cease Communication Notice signed by the Plaintiff. True and correct copies of the March 31, 2003 letter and Power of Attorney to Defendant are attached hereto as Exhibit "F'. 12. Defendant received and signed for the Communication on April 9, 2003. A true and correct copy of the front and back of the signed Return Receipt are attached hereto as Exhibit "G". 13. Upon receiving this information, on April 15, 2003 Defendant's representative "Bonnie" of"RCS for Fingerhut" telephoned named counsel and confirmed that Plaintiff had retained the services of an attorney for the purposes of representing Plaintiff regarding any and all debts; further, Plaintiff's counsel faxed a copy of the previously mentioned Limited Power of Attorney to "Bonnie." A true and correct copy of the April 15, 2003 fax cover sheet and confirmation is attached hereto as Exhibit "It". 14. On April 17, 2003, Defendant's representative "Kristi" telephoned named counsel and again confirmed that Plaintiffhad retained counsel to correspond with any and all creditors, including Defendant. 15. Despite having actual knowledge that the elderly Plaintiff was represented by counsel, on April 25, 2003 Defendant sent another unlawful demand for payment. A true and correct copy of Defendant's demand is attached as Exhibit 16. Plaintiff's counsel received correspondence from Defendant dated May 16, 2003 indicating that collection efforts on both accounts would be stopped. A true and correct copy of the Ma3' 16, 2003 correspondence is attached hereto as Exhibit "J'. 17. Incredibly, despite Defendant's written promise and having actual knowledge that the elderly Plaintiff was represented by counsel, on May 25, 2003 Defendant sent another unlawful demand for payment. A true and correct copy of Defendant's demand is attached as Exhibit "K". 18. Unbelievably, despite Defendant's written promise and having actual knowledge that the elderly Plaintiff was represented by counsel, on May 28, 2003 Defendant sent another unlawful demand for payment. A true and correct copy of Defendant's demand is attached as Exhibit "L'. 19. Astoundingly again, despite Defendant's written promise and having actual knowledge that the elderly Plaintiffwas represented by counsel, on June 25, 2003 Defendant sent another unlawful demand for payment. A true and correct copy of Defendant's demand is attached hereto as Exhibit "M". 20, Again, despite Defendant's written promise and having actual knowledge that the elderly Plaintiff was represented by counsel, on June 25, 2003 Defendant again recently sent yet another unlawfifi demand for payment. A true and correct copy of Defendant's demand is attached hereto as Exhibit "N'. 21. Defendant's actions violated Section 2270.4(b)(2) of the Fair Credit Extension Uniformity Act, 73 P.S. § 2270.1 et. seq. because, inter alia, the Communications were sent despite actual knowledge that the elderly Plaintiff was represented by counsel with respect to the underlying debts, and despite knowledge regarding the name and address of her counsel. 22. Defendant's actions violated Section 2270.4(b)(4) of the Fair Credit Extension Uniformity Act, 73 P.S, § 2270.1 et, seq. because, inter alia, by sending a Communications directly to Plaintiff when the Defendant was aware that Plaintiff was represented by counsel and was also aware that Plaintiff had in fact demanded that all collection activity cease, the Defendant engaged in conduct which was abusive, oppressive, and intended to harass the Plaintiff. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment for Plaintiff and against Defendant and issue an Order: Awarding Plaintiff statutory dmnages in the amount of One Hundred Dollars (1) ($100.00); (2) Awarding Plaintiff damages for anxiety, harassment, and intimidation directed at her in an amount not less than Ten Thousand Dollars ($10,000.00); (3) Awarding Plaintiff costs of this litigation, including a reasonable attorney's fee at a rate of $225.00/hour for hours reasonably expended by her attorney in vindicating her rights, as permitted by 11 U.S.C. § 362(h) and 73 P.S. § 201-9.2; (4) Awarding treble damages and punitive damages at the Court's discretion; and (5) Awarding declaratory and injunctive relief, and such other relief as this Court deems necessary and proper or law or equity may provide. Respectfully submitted, [ jffttorney I.D. No. 80036 {,~Law Office of John P. Neblett 2040 Linglestown Road, Suite 203 Harrisburg, PA 17110 717.671.8454 EXHIBIT A 1AW OFFICE Of JOHN P. NeBLe SUITE 203 · 2040 LINGLESTOWN ROAD · HARRISBURG, PA 171 l0 March 3, 2003 Via Certified Mail, Return Receipt Requested Fingerhut Axsys National Bank PO Box 5033 Sioux Falls SD 57117-5033 Kathrvn I Fisher Account No.: 805 -005 - 166-0518 Dear Sir/Madam: Please be advised that the above-named consumer has retained the services of an attorney in connection with any and all alleged debts. Therefore, in accordance with Federal and/ur Pennsylvania law please direct any further communications directly to our office. We do not consent to direct communications with our clients without our prior written consent. We find that occasionally creditors and debt collectors continue to telephone or correspond with our clients, despite our written instructions to the contrary. Such contacts are a violation of the Fair Debt Collection Practices Act (15 U.S.C. § 1692) and/or the Fair Credit Extension Uniformity Act (73 P.S. 2270.1 et. seq.) and are dealt with accordingly. Ms. Fisher is an older woman who simply does not have the means to repay your debt. Therefore, please be on notice that she refuses to make any further payments toward your debt, and you are directed to cease any further collection activity. We sincerely hope that you will take no further action, but we are prepared to put her through a bankruptcy if necessary. We are willing to provide you with verification of her income if necessary. Please feel free to contact my office with any questions. Thank you, Cc: Kathryn I. Fisher 717.671.8454 · FAX 717.671.9938 · EMAIL JPN@NebLE~TLAW.COM · W~V~V. NEBLETTLAW.COM LAW OFFICE Of JOHN P. NEBLE'FI' SUITE 203 · 2040 LINGLESTOWN ROAD · HARRISBURG, PA 171 ~0 March 4, 2003 Via Certified Mall, Return Receipt Requested Maple Street Axsys National Bank PO Box 220 Waite Park MN 56387-0220 Kathr~a I Fisher Account No.: 6001708000106116 Dear Sir/Madam: Please be advised that the above-named consumer has retained the services of an attorney in connection with any and all alleged debts. Therefore, in accordance with Federal and/or Pennsylvania law please direct any further communications directly to our office. We do not consent to direct communications with our clients without our prior written consent. We find that occasionally creditors and debt collectors continue to telephone or correspond with our clients, despite our written instructions to the contrary. Such contacts are a violation of the Fair Debt Collection Practices Act (15 U.S.C. § 1692) and/or the Fair Credit Extension Uniformity Act (73 P.S. 2270.1 et. seq.) and are dealt with accordingly. Ms. Fisher is an older woman who simply does not have the means to repay your debt. Therefore, please be on notice that she refuses to make any further payments toward your debt, and you are directed to cease any further collection activity. We sincerely hope that you will take no further action, but we are prepared to put her through a bankruptcy if necessary. We are willing to provide you with verification of her income if necessary. Please feel free to contact my office with any questions. Thank you, Cc: Kathryn I. Fisher 717.671,8454 · FAX 717,671./)938 * EMAIL JPN@NEBLETTLAW. CObl * WWW, NCBLEI-FLAW.COM EXHIBIT B · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~ [] Registered [] Return Receipt for Merchandise i& k []c.o.D. 0 ~-~ ~' O~" Rest rfcted DellvmY? (Extra Fee) F'] Yes 2. Article Number ......... __ PS Form 3811, August 2001 Domestic Return Recelpt UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-10 Sender: Please print your name, address, and ZIP+4 in this box · t,, 111, I, Ii Jill,, , hi, hi ,,h,hh,,,hll · Complete Items 1, 2, 3. Also complete A. Sign~um ~m. I'1 Agent Item 4 If Reetrlctad Delivery Is desired, v · Print your name and address on the reverse ~' t, llill~ [] Addressee so that we can return the card to you. B R~eetve~!.~l~n?~oTM ]C D.teofDeverv · Attach this card to the back of the mailpleco, . ...... or on the front If space permits. ~L'~ I ~_~n~'~ I. Artiole Addn~ssad to: '~ ~nter de vel~ addreSS be ow:.%. II~ I~ ITrar~rer from service label) PS Form 38'11, Au?ust ~'O01~ DOme~= Return Receipt Lxpres8 Mall letum Receipt for Merchandise ~.O,D. ~ra Fee) r'] Yes uuu.u 2577 1820 UNITED STATES POSTAL SERVICE IFirst-Cltass Mail Postage & Fees Paid! USPS Permit No. G-10 · Sender: Please print your name, address, and ZIP+4 in this box ° h,,llh,,I.,']l,,,lllh,,hl,,,I,l,,ll,.I,,h,hh,,ll,,h,II EXHIBIT C FI'NGERHUT CREDIT ADVANTAGE March 14, 2003 Mr. John P. Neblett Law Office Suite 203 2040 Linglestown Road Harrisburg, PA 17110 RE:KathrynI. Fisher Dear Mr. Nebtett: #600-170-800-0106-116 I am writing in reference to your letter concerning Ms. Fisher's account. At this time, the balance remaining is $122.63 with the crediting of a payment on February 6, 2003. The account is at a current status with a payment of $7.00 due by March 22, 2003. The Fair Debt Collection Practices Act governs the procedures of collection agencies. Axsys National Bank is not a collection agency; it is solely attempting to collect money rightfully due them when an account is delinquent. As such, Axsys National Bank is not under jurisdiction of the Fair Debt Collections Practices Act. In order to determine the handling of her account, please provide verification of her income by April 14, 2003. I look forward to hearing from you soon, Mr. Neblett. S. inperely, , ~, Consumer Affairs Nm/ss 16 McLelar*d Rd., St. Cloud, MN 56303 EXHIBIT D ,FINGERHUT Credit Advanta§ee Remit Payment To: Axsys *'-tional Bank Cited, MN S6595-3700 16 McLeland Road St. Cloud, MN 56305-20q9 I,,,111,,,111.,,,I,1,11..,,I,I1,1,,.,11,1.,I,.I,1,1,1,1,1,,I Ka~hryn I Fisher 225 Nerletta Dr Mechenicsburg, PA 17050-Z9~7 Pest Amount Amount Account Number Balance Due Due Paid 8050051660518000 1905.90 1905.90 1905.90 0008OSOOS1660518000D190S900190590019g 59D218 Mar 15, ZO0~ Dear Ms. Fisher, RE: BALANCE DUE - $1,905.90 TIME HAS COME FOR ONE OF US TO ACT! YOU ARE HEREBY NOTIFIED THAT UNLESS THIS DEBT IS PAID IMMEDIATELY, APPROPRIATE MEASURES TO INSURE COLLECTION MILL BE TAKEN. ONLY YOUR IMMEDIATE PAYMENT IN FULL OF THE DELINQUENT BALANCE DUE WILL STOP FURTHER COLLECTION ACTION. If you have any questions, please call us at 1-877-266-5119. CLCDO-9405 This letter is intended for the purpose of collecting a debt and any information obtained ~ill be used for that purpose. Failure to pay the amount due may have an adverse affect on your credit rating as we do report delinquent accounts to the National Credit Bureaus. The Fingerhut Credit Advantage card is issued by Axsys National Bank. EXHIBIT E NG 7HUT Cr~di~ Remit Payment To: Axsys National Bank P.O BOX $700 St. Cloud, HN 56595-$700 16 HcLeland Road St. Cloud, NN 5630~-2049 I,,,lll,,,lll,,,,I,l,ll,,,,,I,II,h,,,ll,l,,,I,,I,I,hl,l,l,,I Kathryn I Fisher Mechangcsburg, PA 17050-2937 Past Amount Amount Account Humber Balance Due Due Paid 8050051660518000 1905.90 1905.90 1905.90 OO08DSDOS1660518000019059001905900190S90218 Mar 31, 2003 Dear Ms. Fisher~ RE~ BALANCE DUE - $1,905.90 TIME HAS CONE FOR ONE OF US TO ACT! YOU ARE HEREBY NOTIFIED THAT UNLESS THIS DEBT IS PAID INMEDIATELY~ APPROPRIATE MEASURES TO INSURE COLLECTION HILL BE TAKEN. ONLY YOUR IHMEDIATE PAYNENT IN FULL OF THE DELINQUENT BALANCE DUE WILL STOP FURTHER COLLECTION ACTION. If you have any questions, please call us at 1-877-266-3119. CLCDO~9405 This ~otter is intended for the purpose of collecting a debt and any information obtained will be used for that purpose. Failure to pay the amount due may have an adverse affect on your credit rating as we do report delinquent accounts to the National Credit Bureaus, The Fingerhut Credit Advantage card is issued by Axsys National Bank. EXHIBIT F LAW OFFICE OF JOHN P. NEBLETT Suite 203 · 2040 L]NGLESTOWN ROAD ' HArRISE~U~g, PA 17T10 March 3 I, 2003 Via Certified Mail, Return Receipt Requested Fingerhut Nancy Kalthoff Axsys National Bank PO Box 5033 Sioux Falls SD 57117-5033 Re: Kathrvn I Fisher Account No.: 805-005-166-0518 Dear Ms. Kalthoff: I have received and reviewed your letter dated Mamh 14, 2003 concerning Ms. Fisher's account. Enclosed please find information regarding Ms. Fisher's income. Her monthly income totals $599,40 from Social Security and Supplemental Security. While your actions may not be regulated by the Federal Fair Debt Collection Practices Act, the Pennsylvania Fair Credit Extension Uniformity Act does regulate your conduct in the state of Pennsylvania, and prohibits you from directly contacting Ms. Fisher now that you are aware she is represented by counsel. Therefore, please direct any further communications directly to our office. We have included a copy of notarized limited power of attomey executed by Ms. Fisher for your records. Thank you, JPN/eas Enclosure 717,671.8454 · FAX 717.671.g938 · EMAiL JPN@NEGLETTLAW. COM · WWW. NEbLETTL~W. COM LAW Office Of JOHN P. NEBLET SUitE 203 · 2040 LINGLESTOWN ROAD · HARRISBURg, PA 17110 LIMITED POWER OF ATTORNEY/CEASE COMMUNICATION NOTICE To Whom It May Concern: By s~gning this document, I am granting a limited power of attorney to John P. Neblett to act on my behalf in ail legal matters relating to any and all alleged debts which I may owe, and to represent me against debt collectors, creditors, credit reporting agencies and/or individuals and companies that are related to them. Further, by signing this document, I hereby notify and direct that any further communications be directed to the Law Office of John P. Neblett at the location shown above, and not to direct any further communications to me. I hereby give notice that any further communications with me are a violation of the Fair Debt Collection Practices Act (15 U.S.C § 1692) and/or the Fair Credit Extension Uniformity Act (73 P.S. 2270.1 et.seq.), and will be dealt with accordingly. A copy of this document, including a copy received by facsimile, shall be as valid as the original, i Dated: ~..~' Printed name Signature Printed name Signature COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF,~tOrU'""~ ~{ /X~ : Onthis 114~'' dayor ~C~ ,2003, beforeme, aNota,T Public, the undersized officer, personally appeared the above-named individual(s), ~own to me to be the person(s) whose name is subscribed to the foregoing document and ac~owledged that he/she executed the same for the pu~oses therein contained. ~ WITNESS WHEREOF, I hereunto set ray,nd and official seal. ~ ~~~~~ ~ / Notaryeublic 717.671.8454 · Fax 717.671.9938 · Ema]l JPN@NEbLETTLAW, COM · VIP~/~V. NEBLETTLAW.COM EXHIBIT G · Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery la dsslred. · Pdnt your name and address on the reveres so that we can return the card to you. · Attach this card to the back qf the mailp}ece, or on the froot if space permits. 1, A~cleAddreseed to: 2. ARticle Number (Transfer from service label) PS Form 3811, August 2001 X [] Agent [] Addressee s. ReceNed by ( Pdntecl Narr~e) A ~~ D~f~ell~ ~ YES, enter dtlle~ address below: ~ No Se~vk~e...~,/pSe~vk~e pe ~ Regl~er~ ~ R~um R~ for Memhandise 4. R~ed ~llve~? (~ ~) ~ ~ UNITED STATES POSTAL SERVICE Flint-Class Mall Postage & Fees Paid USPS Permit No. G-10 · Sender: Please pdnt your name, address, and ZIP+4 in this box ° Law Office of John P. Neblett Sai*e 203 ~049 L~ngles~own Road Harrbbui'g PA 17110 02 h,,llh,,j,,,lh,.ltll,,,I,h,,hh,lh,h,h,hh,,lt,,l,,lJ EXHIBIT H Suite 203 2040 Linglestown Road Harrisburg, PA 17110 Phone: 717,671.8454 Fax: 717.671.9938 Email: jpn(~neblettlaw.com To: RCS Attn: Bonnie From: John P. Neblett Fax: 1-320-229-8595 Date: April 15, 2003 Phone: Pegea: ~, , including cover sheet Re: Kathryn Fisher CC: Fingerhut: 805-005-166-0518 [] Urgent X For Review r-I Please Comment [] Please Reply [] Please Recycle ,Comments: Bonnie: Per our discussion, please see the attached Limited Power of Attorney. Ms. Fisher has retained the services of our law office in connection with any and all alleged debts. Therefore, in accordance with Federal and/or Permsylvania law please direct any further communications directly to our office. We do not consent to communications with our clients without our prior written consent. Please update your records to reflect this infomaation. Please contact our office if you have any questions. Eliza~h A,Para~a1 nS yfler~ Please note: The information contained in this facsimile message may be privileged and confidential, and is intended only for the use of the individual(s) or entity named above who has been specifically aulflorized to receive it, If the reader is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is stdctly prohibited. If you have received this communication in error, please not~ us immediately by telephone and return all pages to the address shown above. Thank you. HP LaserJet $$$t7 7176719938 Apr-15 2003 9:00AN I Fax Call Report 3ob Date 973 4/15/2003 Time 8:56:07AM Type Send Ident i fi cat i on 13202298595 Duration 1:16 Pages 2 Result OK EXHIBIT I 600-170-800-0106-116 #BNNBI~P #96688564817# T#40 A 9647 KATHRYN I FISHER 225 NARLETTE DR MECHANICSBURG PA 17050-2937 I,,,lll,,,lll.,,,I.l,ll,,,,J,II,l,,,,ll,l,,,I,,I,I,l,l,l.l,,I YOUR ACCOUNT REHAZNS PAST DUE. ACT NOg TO RESOLVE THZS NATTER. MAZL THE AHOUNT DUE TODAY OR CALL 1-800-755-9333. Make your check payabte to Axsys National Bank and mail to: PO BOX 90099 WEST CHESTER, OH 45071-9099 0006001708000106116001641400021310001400210 14. O0 21.31 r - -. ...... 0q/25/03 31 NONE NONE 0~/25/0~ FINANCE CHARGE 2.97 0q/25/0S CURRENT MONTH LATE CHARGE 18.00 TO avoid additional Finance Charge, we must receive payment of~!he ~otal New Balance_by. the payment i~tm date.:showD.~t the top..~ Ufls statemenL A 2. 075% 24.90~ 143 · 17 pr~loua Balance 143.17 Payment~ & Credits . O0 Finance Charge + 2.97 Purchases & Debits + 18 · O0 Hew Balance = 164.14 Purchases, returns and payments made just prior to billing date may not appear until next month's statement. CUSTOMER SERVICE: Account Status: 800-755-9355 nONDAY - FRZDAY: ?AH - 7PM CST 600-170-800-0106-116 PAYMENTS: Make yom' check payable and mail to: Axsys National Bank P.O. Box 220 Walte Park, MN 56387-0220 NOTICE: Seereverseetdeforimportant information. Telephoning about billing errors will not preserve your rights under federal/aw. To preserve your rights, p/ease write to the INQUIRIES address on back of statement. EXHIBIT J FZNGERHUT CRED:L .DVANTAGE May 16, 2003 Mr. John P. Neblett Law Office, Suite 203 2040 Linglestown Road Harrisburg, PA 17110 Re: Kathryn I. Fisher #600-170-800-0106-116 #805-005-166-0518-000 Dear Mr. Neblett: I am writing in reference to your response to my letter of March 14th concerning collection on Ms. Fisher's accounts. I apologize for the delay in responding. The balance remaining on Ms. Fisher's Maple Street Merchants account (600-170-800- 0106-116) is $164.14, with $14.00 now past due. We have ceased collection efforts on this account per your request. Any payments she can remit would be appreciated. The balance on her Fingerhut account (805-005-166-0518-000) is $1,905.90, with total amount past due. This account is handled at Collection Control Division for collection. I have forwarded a copy of your request to cease collection to them. You may contact Collection Control Division toll free at #877-266-3119. I trust this is satisfactory, Mr. Neblett. Sincerely, Nancy Kalthoff Consumer Affairs NK/kl 16 McLeland Rd., St. Cloud, MN 56303 EXHIBIT K Please mail payment at lea~t 10 days prior tothe Payment Due Date O6/ 600-170-800-0106-116 #BWHBWYP #9668856q817# Te;57 A 8869 18-Z5 666 KATHRYN ! FISHER 225 HARLETTE BR NECHANICSBURG PA Z7050-2937 ME RAVE TRIED TO CONTACT YOU SEVERAL TIRES. CALL US NOW AT 1-800~7~E-9333 REGARDZNG OUR SPECIAL PAYHENT PRODRAHS. I..lll,,,lll.,.hhlh,,,,I,Ihl.,.,ll,h,.I,,I,hl.hhl,,I PO BOX 90099 WEST CHESTER, OH q5071-9099 0006001708000106116001863800029720002131214 05/25/0;5 ,;50 NON£ , NON~ 05/25/0;5 FINANCE CHARGE q.09 05/25/0~ CURRENT HONTH LATE CHARGE 18.15 To avoid additiOi{~i ~hl~e'~:gel we must receiv~ paying,{ Of t~ torsi New Balanc& b~ the ~aymen~ ~& date gh6~h a~ the i6~ Of t~is siafement A 2.q917. 29.907. 16q.14 Pravioua Balance 16q.lq Payments & Credits .00 Finance Charge + q. 09 Purcha~ea &Debita + 18.15 New Balance = ~. 86 . ;58 Purchases, returns and payments made Just prior to billing date may not appear until next month's slatement CUSTOMER SERVICE: Account Status: 800- 755- 9 ;5;5 ;5 MONDAY * FRIDAY: 7AR - 7PM CST 600-170-800~0106-116 PAYMENTS: Make your check payable and mall to; Axsys National Bank P.O. Box 90099 West Chester ,OH 45071-9099 NOTICE: se. r~,¥er,~ side for impo~ont information, Telephoning about bil/fl~g erro~ will nol preserve your rights under federal law, TO preserve your rights, please write to the INQUIRIES address on back of statement EXHIBIT L [,FINGERHI 'T Credit Adwnt~e Remit Payment To : Axsys "~tional Bank P.O B ,90089 West L'~ster, OH ~5071-9089 16 HcLeland Road St. Cloud, HN 56503-Z0~9 h,,llh,,llh,,,hl,lh,,,,hlhh,,,Ihh,,h,hhhhhh,I Kathryn I Fisher 225 Marlatta Dr Hechanicsburg, PA 17050-2957 Past Amount Amount Account Number Balance Due Due Paid 80500516605~8000 1905.90 1905.90 1905.90 0008050051660518000019059001905900190590218 Hay 28, 2005 Detach and mail the above section with your payment RE= Fingerhut Credit Advantage Purchases Dear Ha. Fisher, DEHAND FOR DEBT RE= DELINQUENT BALANCE DUE - $1,905.90 Since you have neither paid nor explained pay your balance in full by return mail immediately. If you have any questions~ please call us at 1-877-266-5119. Axsye National Bank CLBD0-940q This letter ia intended for the purpose of collecting a debt and any information contained will be used for that purpose, Failure to pay the amount due may have an adverse affect on your credit rating as we do report delinquent accounts to the National Credit Bureaus. The Fingerhut Credit Advantage card is issued by Axsys National Bank. EXHIBIT M 600-170-800-0106-~16 #B~NB~YP #9668856~817# T#52 A 7756 KATHRYN I FISHER 225 MARLETTE DR HECHANICSBURG PA 17050-2937 I,,,lll,,,lll,,. M,II,,,,,MI,I,,.Ih h,,I,,I,l,l,h hl,,I YOUR ACCOUNT ZS VERY DELINI~UENTo HAIL THE HZHINUI4 At4OUNT DUE NO~ TO AVOID FURTHER COLLECTION ACTION OR PO BOX 90099 ~EST CHESTER, OH q5071-9099 0006001708000106116002097200039270[302972214 · ' 29.72 39.27 ' 600-170-800-0106'116 07/?0/03 · ' . ': .. .: ' ' .:-: 0~/25/0~ FINANCE CHARGE ~. &~ 06/25/0~ CURRENT NONTH LATE CHARGE 18.70 A 2. ~91% 29,90% 186 · 38 ereviou, aa(ante 186.58 Hew Balance = 209,72 CUSTOMER SERVICE: ACCOUnt Status: 8 0 0 - 7 5 5 - 9 3 ~ 3 NONUAY - FRIDAY: 7AH - ?PM CST PA YMENTS: Make your check payable and mall lo: Axsys National Bank P.O. Box 90099 West Chester, OH 45071-9099 NOTICE: s.e ~.,,.~. ~i~,~ ?o~ i.,r:o.oo~ EXHIBIT N Please mail payment at least 10 days prior to the Payment Due Date ~79/19~,0S 1 ~ 259.9~ 62.021 600-170-800-0106-116 #BNN~NYP #96688564817# T#25 A 6180 KATHRYN I FISHER 2Z5 MARLETTE DR MECHANICSBURG PA 17050-2937 YOUR ACCOUNT IS ABOUT TO BE REPORTED AS A DAD DEBT. HAZL PAYHENT TODAY OR CALL 1-&00-755-9355. Make your check payable to Axays National Bank and mail to: I,.,llh,,lll,,,,I,l,ll.,,,,I,II,l,,,,ll,h.h,l,hl,hhl,,I PO BOX 90099 WEST CHESTER, OH q5071-9099 Amt Enclosed 0006001708000106116002599300062020005002217 Detach and m/urn the above potion with your payment. 600-170-800-0106-116 09/19/03 50.02 62.02 08/25/03 31 NONE NONE 08/25/03 FINANCE CHARGE 5.8q 08/25/03 CURRENT MONTH LATE CHARGE 19.87 A 2. q91 Z 29.90 Z 234.22 prevloua Balance 23~. Z2 Paymefltl & Credits , O0 FlnencB Charge + 5,8 (i Purchases & Debtta + 19.87 New Balance : ?59 · 93 Purchases, returns and payments made just prior to billing date may not appear until next month's statemenL CUSTOMER SERWCE: Account Status: 800-755-9:533 fl0NDAY - FRTDAY~ 7AH - 7PH CST 600-170-600-0106-116 PAYMENTS: Make yot~r check payable and mail to: Axsys National Bank P.O. Box 90099 West Chester ,OH 45071-9099 NOTICE: see re¥.,~e side for important information Telephoning about bi/ling errors will not preserve your rights under federal law To preserve your rights, please write to the iNQUIRIES address on hack of statement. Law Office of John P. Neblett By: John P. Neblet~ Suite 203 2040 Linglestown Road Harrisburg, PA 17110 717.671.8454 Attorney :For Debtor Kathryn I. Fisher KATHRYN I. FISHER, Plaintiff AXSYS NATIONAL BANK d/b/a MAPLE STREET MERCHANTS and d/b/a FINGERHUT Defendant In the Court of Common Pleas Cumberland County, PA Civil Action - Law Jury T~7[al Demanded No.: 0.'1-5411 CERTIFICATION OF SERVICE Iherebycertifyunderpenaltyofperjurythatonthe cfi/ ~ day°f~~)C-~¥' ,2003, I served a true and correct copy of the Adversary Complaint via Cc~rtified Mail, Return Receipt Requested on: Rick Gilbert, Chief Operating Officer Jefferson Capital Cardholder Services 16 McLeland Road St. Cloud, MN 56303 Dated: Nancy Kalthoff Consumer Affairs Fingerhut Credit Advantage 16 McLeland Road St. Cloud, MN 563 k3'7 Elizal~t :h Snyder, Paralegal Law Office of John P. Neblett 2040 Linglestown Road, Ste. 203 Harrisburg, PA 17110 717.671.8454 Law Office of John P. Neblett By: John P. Neblett Suite 203 2040 Linglestown Road Harrisburg, PA 17110 717.671.8454 Attorney fix Kathryn I. Fisher In Re: KATHRYN I. FISHER Plaintiff AXSYS NATIONAL BANK d/b/a MAPLE STREET MERCHANTS and dPo/a FINGERHUT Defendants In the Court of Common Plea~ Cumberland County, PA Civil Action - Law No.:03-5411 PREACIPE TO DISCONTINUE To: Cumberland County Prothonotary This matter having been resolved, the Plaintiff, by and through her undersigned counsel, requests that the above-captioned action be discontinued with prejudice. Dated: mp'~qeble[t ' ey I.D. No. 80036 Office of John P. Neblett 2040 Linglestown Road, Suite 203 Harrisburg, PA 17110 717.671.8454 (Attorney for Plaintiff)