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Home My WebLink About01-1747APOTHAKER & ASSOCIATES, P.C. 1341 N. Delaware Avenue, Suite 405 Philadelphia, PA 19125 (800) 672o0215 Attorneys for Plaintiff Attorney I.D. #38423 FIRST SELECT, INC. C/o David J. Apothaker, Esquire 1341 N. Delaware Avenue Philadelphia, PA 19125 Plaintiff, VS. THOMAS R CHAMBERS 35 R1VERVIEW DR ENOLA, PA 17025 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY 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 with twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by 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 my 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 any other claim or relief requested by the plaintiff. You may lose money or propeiXy or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 AVISO Le tan demandado a usted en la corte. Si usted quiere defenderse do estas demandas expuestas en las paginas siguientes, usted tiane veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o con tm abogado v entregar a la corte en forma escrita sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede contmuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del edernandante y requiere que usted compla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A LrN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCPdTA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGULR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION Lawyer Referral and Information Service 800-990-9108 APOTHAKER & ASSOCIATES, P.C. 1341 N. Delaware Avenue, Suite 405 Philadelphia, PA 19125 (800) 672-0215 Attorneys for Plaintiff Attorney I.D. #38423 FIRST SELECT, INC. C/o David J. Apothaker, Esquire 1341 N. Delaware Avenue Philadelphia, PA 19125 Plaintiff, VS. THOMAS R CHAMBERS 35 RIVERVIEW DR ENOLA, PA 17025 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: v:- /";'-/7' CIVIL ACTION COMPLAINT FIRST COUNT 1. 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 2. Defendant, THOMAS R CHAMBERS , is an adult individual residing at 35 RIVERVIEW DR ENOLA, PA 17025. 3. Defendant requested an account, (account g4428670860723531) which is owned by the Plaintiff, and an Account Agreement was sent to the Defendant. A copy of the Agreement is attached hereto as Exhibit "A" and made a part hereof. 4. Defendant(s) purchased/received the goods, credit and/or other services identified in Plaintiff's billing, invoice or other records, a copy of which is attached hereto as Exhibit "B", at the time and for the amount set forth therein. 5. The prices set forth in Exhibit "B" are the fair, reasonable and market prices for said goods and/or services, and the prices which Defendant agreed to pay. 6. All credits, if any, to which Defendant is entitled, are set forth in Exhibit "B". 7. Defendant has failed and continues to fail to make any payments, leaving a balance due and owing of $12,280.14. 8. Although demand has been made, Defendant has failed to make payment of the amount due as stated. WHEREFORE, Plaintiff demands judgment in favor of Plaintiff and against Defendant(s) for the sum of $12,280.14 plus costs, interest and reasonable attorney's fees. BY: APOTHAKER & ASSOCIATES, P.C. Attorney for Plaintiff Davi p~oth~er Dated: March 7, 2001 Our File No.: 010500 VERIFICATION David J. A~othaker, Esq. hereby states that I am counsel for plaintiff in this action, and that I am authorized to take this Verification, and that the statements made in the foregoing Civil Action Complaint are tree and correct to the best of my knowledge, information, and belief. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. 4904 relating to unswom falsification to authorities. David J. Apothaker, Esq. Attorney for Plaintiff DATE: March 7, 2001 JANET ANSTEY TCSI 001 CODE IHB ACCT 4428670860723531 CYCLE 22 AGENT 3607 ( 12 MONTH HISTORY :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: SCREEN SELECTION ( CURRENT (01) PAYMENT I 0 I 0 1oo2oo I .oo I .oo MIN PYMT I 255.00 t 1,427.00 PURCHASEI o I o I .oo I .oo CASH ADV I o I o 032900 I .00 I .00 C~ED~S t o I o I .oo I .oo MISC CHG I 0 I 0 t .oo I .oo INS FEE I .00 I .00 LATE CHG I .00 I .00 OVRL FEE I .00 .00 PURC F/C I 17.96 .11 CASH F/C I 1,104.99 206.21 LIMIT I 12,900.00 12,900.00 BALANCE I 12,728.74 12,728.74 1214) 02/21/01 (02) 01/23/01 0 .00 1,172.00 0 .00 0 .00 0 .00 0 .00 .00 .00 .00 5.71 236.57 12,900.00 12,522.42 (03) => CHAMBERS THOMAS 12/22/00 (04) 11/21/00 0 0 .00 .00 922.00 67?.00 1 1 79.00 79.00 0 0 .00 .00 0 0 .00 .00 0 0 .00 .00 79.00 79.00 29.00 29.00 .00 .00 4.77 4.13 224.62 227.25 12,900.00 12,900.00 12,280.14 11,942.75 January 17, 2001 Thomas R ChamDers 35 Riverview Dr Enola PA 17025-2647 Providian National Bank VISA Platinum WebCard 4428-6708-6072-3531 PROVI DIAN Financial Providian National Bank VISA® or MasterCard~ Account Agreement for Thomas R Chambers Janua~ 17, 2001 Please review this document and kee~ it with your p,,ther important papers, This Account Agreement contains the terms which govern your Providian National Bank VISA or MasterCard Account [the "Accoun. t'). The Account allows you to make purchases by using your VISA or'Mastercard card..(the "Card") wherever t s honored and to get cesn advances Trom us or any other part cipat ng f nancla nstitution a.nd from Automated Teller Machines, L;onveniecoe checks may also be p. rovided'[,o, you as an,, ,,additi,o, nal way.to use the ACCOUnt. In this Agreement, "you and "your" mean each person for whom we have opened a cred t card Account We," "our, 'our& and "us mean Providian National. BanK or its assignees, as ,ste.d on your billing state.m, ent..The Accquqt may be used only for persona, faro y, househo ,~, and charitable purposes, and not rot any business or commercia~ purpose. Any use eT this Account snarl constitute acceptance of the terms OTthis Agreement. You and we agree as follows: Payments. You wiJ! receive a. monthly s, tate, men,t showing.your outstanding balance. Paym, ent on this Acc. o.unt is, .~qu!,red in U.S.,dplla~ (checks mu.st be I~yable at a U.S o~ ce of the Dank the cnecK is grown on/,ror at least the ,payment due as shown on yqur statement Dy rne payment Due Date in accordance w tn payment instructions on your monthly statement. The back of your statements shows the rules we TolIow when we post payments. Convenience checks and other checks we issue to you may not be used to make payments on your Account or to make payments on any other account you have with us or our affiliates. The payment due will be: 2% of the new balance shown on your statement `plus the amou~ of any past due payment, and may includ..e the amount by wh ch the new ba anco exceeds your credit ine. However, the ,~. yment due will not be less than :MS (.u. nless ~(our new balance is less than :M5, in which case the payment due will be the amount of the new balance). If your Account is past due or abovethe credit line, we may require a higher minimum pay,men!, b.u.~ we will not(fy you ~fore doing so, !f your pay. r~.ent is mD.re than the payment,due, it ~ll b.e,!.,reated a,s a, sir).gle paymeqt a.~d none..of it. ,will be applied to Turure paymenrs Due. we may accepuate or par~ia~ payments, or payments marKee paiD in TUll or marKeD wire orner restrictions, wimou[ ~osing our dght to collect ail amounts owing undar this Agreement. Finance Charges. Except as descdbad in the Grace Pedod for Purchase Balance section of this Agreement, finance charges begin to accrue on a debit when it is incluBed in one of your daily balances and continue until that balance is reduced by a payment or creeit. Your Account has the following balances: The Purchase Balance,_which consists of your existing Purchase Balance and new purchases you make with your Card and fees for ce~in optional se~ces; one or more Custom Cash Advance Balances, which consists of balances that you transfer to your Account using baJance transfer checks and balances that we transter TOt you; an~ the uasn A~ance Balance which consists of all other cash advances and cash a~anse transaction fees. Any payment amount we receive that exceeds the tlnance charges and fees then due will ordinahl~/be applied fi~t to the Balance with the lowest Annual ~e.rcentag.e. Rate (APR,), until that Ba ance is zero, .a. pd th.e,n to ,the .B.al@pce wi~h the next lowest APR, until that ualance is zero, and then to any remaining ualance, we reserve me dght to apaply payments diTTerenuy wimout rurmer notice. i~he ,Purchase, Cu,sto, m ,Cash Adv~anc.e, and..C,ash Advanc.e, Ba a.nces ar, e re.duc.ed by pa, yme, nts as of the data. rff, ceived, ~d b,y cr~its as .of the dakota, posted umnases are inclueeo in your Purchase ualance as of rne date maDe. L;us[om caen advances are incluDe~ in your ~.;ustom uash A~ance ualance as fo ows: funds electronical!y transmitted to o!he, r I,e. nders to_. transfer balance, s, as of.th,,e date tra. nsm. itted; ch. ecks to tra.,nsfer b, alancee, as of the dat,e p. resentod to us. Other caen a~vances are inc~ueeo in your ~;ash Advance ua~ance as reviews: caen advances Trom other Tinancial institutions and through Automated Tellers a,s of th.e ~te m.ade cash. adv.a, nce, ch.ecks,, m.,ade ,paya, ble to y.o,u tha.t are ideqtifi, ,ed as cas.,hier's .c.h, ecks and, mai!ed to yo...u at. your _request, as et seven aays after me date we print on tne cnecK; a, otner cnecKs, as ottne date presenreo to us, O[ner debits are inc, udea in your ~urcnase, Custom Cash Advance,or Cash Advance Balance as of the Data posted. Finance charg,e,s are added to your Purchase, Custom Cash Advance, and Cash Advance Balances eacn day and are then posted on the last day of the billing cycle, lhere is no grace pehod for custom cash advances or other cash advances. Jao figure the cailyfinaqce charg.e fq,r each ~ of ,B.a, lance, w.,e start ,with y.qur previous day'.s Bala.nce,. add all .debits,and subtract all c.md ts for the current y and multiply me net a.m.,ount Dy me ,a,qp~cable Daily j~dooic rata tsee rc~owing pareg[a, pns). Tne finance cnarge Tor each type of Ba~anse is then added to and includeoin that day s Balance, vve treat a credit balance for any day as zero. we d~termine the total finance charges on ba ancee for the b ng ,cycle by adding tpgether.t~e finance ch@r,ges, for ,ea,c.h type `p,f B, ala.n, ce f, or each Cay w thi,n th, e. billing cyc e, .l.n., ca cula. tin~ fi,n.a..nco charg.es,, an..adj, ustn~.ent~il] De .m, aqe. for apy tre0~ct on or, paym,en[ mat woula nave aTTe.c, redtne nnance cparge ca cu at qq.jn a pfiqr D ng cy.c e naa t Deen postea n [nat cycle lne app~icao~e dai~y pario~ic rate tor sucn a transaction will be the rate in effect tor me current pi,lng cycle rather than the rate in ~'fect on the date of the transection. Your statement includes an average da ly balance for each type of Balance You can mu t p y each average da y ba anee that is not zero by the number of ,day.s [,n. the bil,ling.,cycle a. nd the bei'i.odic rat.e, to ,obtain s. ubto~]s.,, arid then ~dd t.he sub, totals together to de[erin ne your totaf nance charges on balances for [ne Dhling cycle. IT a cash advance transection tee is cnarged, tnat amount is also a [inance charge, The term "Prime Rate" as used in the Agreement means the highest pdme rate pub shed in the Wall Street Journal on the f ret bus ness day of the prev ous .calendar mopth. Any in,crease or .de,crease i0 !he Annual Pe. rcentage Rate will take effect on the first day of your billing cycle and may result in a alight increase or eecrease in tne amount eT your minimum payment. The ANNUAL PERCENTAGE RATE (APR) for purchases is 7.99% corresponding to a daily pedodic rate of 0.02189%. You can arrange !o have a varia.ble APR fqr custpm cash advances that s lower than the we ghted average of the non- ntroductory APR you have been ~yipg ,on th,e t.ot~ ba!,anc~s.,y.`pu navf~.tra.ns[e ,q'ed Trom oth,er c.re,,d~t card,retail, a, nd nstall.m, eqt accounts prov ded your othe, r accounts were open in Januap/ zuu]. in calculating tnis A~'~ we will taKe into account the A~<S on tne creDit account balances you nave transrerred [rom other lenders. Th s APR s ava[table only if you provide proof, t, in the form of copies of your most recent billing statements, showing your other non-introductory APRs. Your new APR will.ee vadaDle, based on .Pnme h(ate and will t.a.~e,,effect in the billing cycle following our review of ~Lour pr_o.o:Lbvt got _eadieLthor~e_er~d of your courtesy ~nod. If .we~,~2~,ot receive su,c.h p, reefyo,ur AK~ .for custom cash advances will De as follows: The ANNUAL PERCENTAGE RATE for custom cas~ advances ~s z~ .~",~, corresponDing to a eei~y penodic rate of 0.06025% The ANNUAL PERCENTAGE RATE for cash advances is 21.99%, corresponding to a daily pedodic rate of 0.06025%. If we receive your Account payment late 2 or more times n any 6-month ~3eriod, on each such occurrence we may increase the APR for purchases up to a maximum of 23.30% (corresponding to a daily pedodic rate of 0.06384%). and increase the APR for cash advances and custom cash advances up to maximum of 23.30% (corre .s`ponding to a daily badodic rata of 0 06384%) If aftar you rece ve the h,igher rates your payments are reeeived on time and you meet all other terms of this Agreement for 3 consecutive months, you may contact our Customer oervice department and, at your request, we will rewew your Account for a possible APR reduction. Grace Period for Purchase Balance. New purchases posted to your Account in billing cycles with no previous balance,~ or when the previous balance was fully,paid d.u. dng the cycle, do not .b~gjn to incu, r a fln,a, nce charge until the sta. rt of the next-b ng cyc e You w ,pay no tm,an,ce charge on such new. puronases it you pay tee total new panance in tull by [ne payment due date ShOWn on your statement, New parcnaees posted in any other b Iling cyc e incur a finance charge, and there is no period in which such purchases may be repaid without incurring a finance charge. Fees. We may charge your Account $0 for: each Card you ask us to ~ ace; each returned payment; each check you whte on your Account that we return unpaid; each stop payment order or renewal of such an order;, each billing cycle within which your Account is delinquent (late charge); and each billing cycle 1531 595 (Continued on reverse) (5846-0698) 4428670860723531 within which your balance exceeds your credit line (ovedimit fee), even if your Account is closed. If you request copies of billing statements that were first sent to you more than three months eadier, we may charge a handling fee of $2 for each such copy. If you request that we make a one-time automatic paymenffrom your personal checking account we mavcharge your creT::lit card account a fee of $4.95 for each request. This fee is a FINANCE CHARGE, an~l it will apply regardless of whether funds are ava able in your persona check ng account to make the payment. We may charge a transaction fee of 3% (minimum $5) which s a one-time FINANCE CHARGE on the amount of each cash advance, including cash from f nanc a nst tut ons, and ATMs, w re transfers, money orders, lottery tickets, casino gam ng chip's, and smilar transact ons Default. You will be in default: if any information you provided us proves to be incomplete or untrue; if you do not comply with any pad of this Agreement; upon your death, bankruptcy, or insolvency; if you do not pa)' other debts when due; if a bankruptcy petition is filed by or against you; or if we believe in good faith that you may not pay or pg. rform your dSligations unoer this Agreement. If you are in defadlt we may, without furtl~er demand or notice, cancel your credit pdwleges, declare your Account balance immediately due and payable, and use any remeCy we may have, In the event of your default, the outstanding ealance on your Account shall continue to accrue interest at the APR(s) disclosed in the Finance Charges section of this Agreement, even if we have filed suit to collect the amount you owe. Credit Line. Your credit line is specified from time to time in a separate not ce. Your monthly statements show your credit ne and the amount of your available credit. We may increase or decrease your credit line based on information we obtained from you or your cred t records Your avai ab e credit s normally the difference between your credit line and your Account ba ance f nc ud ng transact ohs made or authorized but not yet posted). If you send us a large payment check we may limit your available credit while we confirm that the check will clear For certa n transact ons, aval ab ecred [may be ess You will not use your Accounf for, and we may refuse to honor, any transact on which wou d cause you to exceed your availab e credit, Promise to Pay. You promise to pay us when due all amounts borrowed when you or someone else use your Accoun (even f the amount charged exceeds your permission) all other transactions and charges to your Account, and collection costs we incur including, but not limited to, reasona~ole attorney's fees and court costs. (If you win the suit, we will pay your reasonable attorney s fees and court costs. Changes. After we p, rovida you any notice required by law, we may change any part of this Agreement and add or remove requirements. If a change is madeto the Finance Charges section of this Agreement, the new finance cl~arge calculation will apply to your entire Account balance from the effective date of the change. Ohee.ges will apply to balances that include items posted to your Account before me date of the change, and will apply whether or not you continue to use the Account. Forekln ExchangelCurrency Conversion. If you use your Card for transactions in a currency otber than U.S, dollars, the transactions will be converted to U.S, dollare, .generally usin¢l either a (i)govemment-mandated rate or (ii) wholesale marker rate in effect the day I~efore the transaction s processed, increased by mree percent (3%). If a crc, alt is subs.equently given for a transaction it will be decreased by the same percentage. The currency conversion rate used on the conversion date may differ from the rate in effect on the date you used your Card, You agree to accept Ce converted amount n U,S. dollars, The Ca, rd; Canoellatio,n. You may cancel your.credit Rrivil.eges at any. tirade by n, otifying us in wri,t, ing..and.des!roying the,¢ard(,s). Upqn the.Card e.xpi~tiop at the end of the month snown on it, we reserve me right not to renewrne L;aro. we may cancel tee L;ard and your credit priv egos ar any [ me after Ju (]aye notice to you, or without notice if permitted by law. 'fl your Card is cancelled or not renewed, finance charges and other fees will continue to be asseeee~, payments wih continue to be due, and all other applicable provisions of this Agreement will remain in effect. If you terminate your credit.privileges, or if we cancel or do not renew the Card, you may no longer write checks on your Account, end you should destroy any unused checks we have issued'to you. Personal Information; Documents. You will provide us at least 10 days notice if you change your name, home or mailing address, telephone numbers, employment or income. Upon our request, you will provide us additional financial information. We reserve the right to 8brain information from others, including credit reporting agencies, and to provide your address and information about your Account to others. We may also share information with our affiliatee. However, you may write to us at any time ~nstructing us not to share credit information with our affiliates, If you ac not fulfill your obligations under this Agreement, a negative credit report that may reflect on your credit may be submitted to the credit reporting agencies Customer Service; Unauthorized Use, Loss or Theft of Checks or the Card, Each Card must be signed on receipt. You are responsible for .safeguarCng tee Card, your ~P,e'reonal Id. en.tifica~ion N~um.ber,{"PIN",, which provides access to A~tom, at..e..d Teller Machine, s).an,d any c, he~;ks iss.ued to you. Trom theft, ana Keepingyour P'IN separate rrom your uaro. IT you aiscover or suspect that your L;a~,. h'l[~ or any unused ChecKs are lost or S[olen~ or [nat there may be an unaumodzed transaction on your Account you will promptly notif'] us by ca~i~)~g 1-80u-93.~-7221. So we can immediately act to limit losses and liabihty, you will phone us even though you may also notify us in wdting. You will not be hable for unauthorized use occurring before you notify us of a less or theft If you report or we susP~:..t unauthonzed use oryour Account, we may suspend your credit privileges until we resolve the problem to our satisfaction or issue you a new Card. If your Card is lost or stolen )'ou will promptly destroy all checks in your possession. To improve customer service and security, you agree that your calls may be mon tored or recordeo. Merchant Relations. We will not be liable if any person or Automated Teller Machine refuses to honor the Card or accePt your checks,.or fails to return the C~ar.d to ,you., .We h,ave no re~e'nsibilitv for. goobs and services, pum,.hased .with the, Cai'C, or check.s except .a,s. r,equ[,red by !~w, (S..e~, .b.'pecial Rul,e, be[ow.) uer~ain oenefits that are availao~e with the Account are proviaed Dy tniro-pam/venoors, we are not resbonsie~e for rne quality, avai~aDi~lty, or results o~ any of the services you choose to use. Stop Payment Orders. If you wish to stop payment on a check, you may send us a stop payment order by writing to us at our address for customer service listed on your ~atement. You can make a stop p.a. yment order orally by calling the number listed on your statement. When you make a stop paym. entproer, you must proviQe your Account number and specific information about the check: the exact amount, the date on the check, [he name of the PaFY to wnom ir was payable, the name of the person who signed it, and the check..number. ~pp will be asked to cpnfirm an oral stoj? payment order in.wfi!ing W, e may disregard your oral order if we do not receive a signed _w, ntten conTLrmation wj.tn~n, twp. ,weeK,s after the qr,al order, gr ~r we pave not recei,v.ea an adeq.uate descnpt on of the tern so that payment can be stopped, me order w~H not be eT~ectwe i~ the check was paid by us beTore we naa a reaeenao~e opportunity to act on the order. We may, without liability, dismgaid a wdtten stop payment order six months after receipt unless it is renewed in wdting. Standard of Care, Because th s Account nvolves both cred t card and check transact ons which are processed through separate national systems before the transact OhS are conso dated by us, and because not every check and Card slip will be sent to us, transactions in your Account will be pr ,oc.,essed mechanica y without our neceseari y rev owing every tem. Our process ng system will call our attention to certain items which we will examine, vv~ will examine all transactions when you report that your Card or checks have been lost or stolen. We do not intend ordinarily to examine all items, and we w~ll not be nog gent if we do not do so. THis rule establishes the standard of, ordina.ry care which we in geed. faith will e, xamise i[~.a,d, ministe,ri,ng your Account, Because of our limited review and because neither your cancelled checks nor Cam transaction slips will De retumea to you wire the montnly statement you should be careful to enter all checks in your check register or otherwise keep a record of them. YOU should also save your credit card cash advance and purchase slips. You agree to check your monthly statements against your record and to notify us immediately of any unauthorized transactions or errors, Wa ver of Certan R ghts. We may de ay or wa ve enforcement of any provision of this Agreement w tbout losing our dght to enforce it or any other provs on later. You waive: the dght to presentment, demand, protest or notice of dishonor any applicable statute of limitations and any right you may nave to requ re us to proceed age nst anyone before we f e su taga nsf you. H/~aPlicable, Law; Sev. erability; Assi.gn ,mont. No matte',r where you live,, this Agreeme'nt and.your Ac99unt are g?~em..ed by f. ederel .Jaw aq.d by .New, mpshire law. This Ag.reement is a r~nal e.'~pression of me agreement be[ween you eea us ana may not De contraaictea oy eviaenDe CT any allegro,, oral agreement, if any provision of this Agreemenf is held to be invalid or unenfomeable you and we will consider that provision mo,cl, ified to conform to apclcable, aw, and the rest of the ,provisions in the Agreement will still be enfomeable. At any time after we determine in good faith that any proposed or enactea legislation, regulatory action, or judicial decision has rendered or may render any matedal provisions of th s Agreement inva d or unenforceab e, or mpoee PROVI DIAN Financial any increased tax, reporting r~!quirement, or other burden in connection with any such provision or its enforcement, we may, after at least 30 days notice to you, or without notice if permitted by law, cancel the Card ,and your Credit privileges. We may transfer or assign our right to all or some of your payments, If state aw requires that you receive notice of such an event to protect the purchaser or assignee we may give you sucl~ notice by filing a financing statement with the sta e's Secretary of State. Netices. Other notices to you shall be effective when deposited in the mail addressed toyou at the address shown on our records, unless a longer notice period is specified in this A~qreement or by law which period shall start upon mailing. Notice to us shall be mailed to our address tor customer seMce on your statement (or other a~resses we may specify) and shall be effec ive when we receive it. YOUR I]ILLIHG RIGHTS .- KEEP THIS NOTICE FOR FUTURE USE. This notice contains important information about your dghts and our responsibilities under the Fair Credit Billing Act. Nt ill,g, tify Us in Case of Errors or Question~ About Your Bill. If you think your bill is wrong or if yqu need more information about a,,ny tiansaction on your v)dte us on a separate sheet, at the address listed in the Billing Rights ~ummary on your bill. 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 dein, g so will not preserve your dghts In your etter, give us the fo owing, informat on: -- Your name and Account number. -- The de lar amount of the suspecteo error. - Describe the error and explain, if you can why you bel eve mere is an error. If you need more information, descdbe the tam you are not sure about. If you have authorized us tq pay your credit card bill automatically fromyour checking account, you can stop the payment on any amount you think is wrong, To stop the payment, your retter must reach us three business dbys beTore the automatic payment is scheduled [o occur. Your Rights and ,Our.,Res~Rn.,sibi~li~ti,es After We R~eive Your Written Notice.. W,e mus! a, qknowled, g,e, your letter within 30 days, unless ,we have correcredthe error Dy men. witnin ~u eeys~ we must ei[ner correct the error or explain wny we believe the Dill was correct. After we receive your ~etter we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance char~s, and we can apply any unpaid amount against your credit line. You do not have to pay any questioned amount wh,e we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will 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 date that it is due. If you mil to.pay the amount we think you owe, we may report you as delinquent. However, if our e.~lanatiop ,d, oe.s ri,et satisfy ¥ou,,and ypu wdte to ,us within fO days teeing us thai you still refuse to pay, we must tell a.,nyone we r~.pp ,rt yo,u to that you, .question your DhL ~no, we musfte, you me name or anyone we reporteo you to. we must tell anyone we report you to mat the matter nas oeen setflea 15etween us when it finally is. If we ddn't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct. ~SaPeC~l/~ule for ,C..m~,, it, Card Pur.c. hases,., If you Mye a prdp, leto, w th the qua!i.fy of t.he prop,erty or services that you, purch,a, eed w t,h our cred t card,_,and you ve tdea in goo~ mira to correct me proo~em with me merchant, you may not nave to pay me rema ning amount eue on me gooas or services. /nere are two limitations on this right: (a) you must have made the purchase in your home state, or if not within your home state, w thin 100 miles of your current mai ing add,r, ese; End,.(b)-tbe.p. urq.haee price, must h~ve been more than $50. These limitations do not apply if we own or operate the merchant, or if we ma~ edyou [ne advemsemem for me property or servlcas. Z561 SHERIFF'S RETURN CASE NO: 2001-01747 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAi~D FIRST SELECT INC VS CHAMBERS THOMAS R - REGULAR DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, CN3tMBERS THOMAS R DEFENDANT , at 0015:27 at 35 RIVERVIEW DRIVE ENOLA, PA 17025 THOMAS R. CHAMBERS a true and attested copy of the within COMPLAINT & NOTICE was served upon the HOURS, on the 29th day of March , 2001 by handing to COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.30 Affidavit .00 Surcharge 10.00 .00 37,30 Sworn and Subscribed to before me this // ~ day of So Answers: R. Thomas Kline 03/30/2001 APOTHAKER & ASSOC, Deputy Sheriff