HomeMy WebLinkAbout07-0186THIS IS AN ARBITRATION MATTER.
ASSESSMENT OF DAMAGES HEARING REQUIRED.
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
PAUL M. SCHOFIELD, JR., ESQUIRE
Identification No.: 81894
21 SOUTH 21ST STREET
PHILADELPHIA, PA 19103
215/988-9600
Cavalry SPV I, LLC as assignee
of AT&T Wireless/Cingular
7 Skyline Drive
Hawthorne, NY 10532
VS.
NANCY WEIDNER
167 E PENN ST
CARLISLE PA 17013-2435
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO.
NOTICE
: C)AI - /PL 64, t*-?
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 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 JUDGEMENT 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. 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
32 S. BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
COMPLAINT IN CIVIL ACTION
1. Plaintiff is a debt buyer and successor in interest to
the original creditor as set forth in the caption of this
Complaint.
2. At the special instance and request of the defendant,
plaintiff sold and delivered to the defendant merchandise and
services, on the dates, of the kinds, in the amounts and for the
prices set forth in a true and correct copy of plaintiff's books of
original entry. Attached hereto, made part hereof, and marked
Exhibit "A" is a copy of the terms and conditions of the agreement
4. Defendant accepted said merchandise and services without
complaint.
5. The prices charged are the market prices for the said
merchandise and services, and are the prices which the defendant
agreed to pay therefor.
6. All the credits, if any, to which the defendant is
entitled have been applied.
7. Plaintiff has made demand upon the defendant for payment
of the amount due, but the defendant has failed and refused and
still refuses to pay the same or any part thereof.
8. Defendant's last payment on account was made on February
22, 2003.
WHEREFORE, plaintiff claims of the defendant the sum of
$1,498.51 plus applicable costs, interest and attorney's fees.
GORDON & WEINBERG, P.C.
BY:
FREDERI I. EINBERG, ESQUIRE
PAUL M. IELD, JR., ESQUIRE
Attorney for Plaintiff
POMS.DB
VERIFICATION
FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the
attorney for the Plaintiff in this action and verifies that the
statements made in the foregoing pleading are true and correct to
the best of his knowledge, information and belief.
The undersigned understands that the statements herein are
made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating
to unsworn falsification to authorities.
FREDERIC I. W NBE ESQUIRE
Welcome to
the freedom
of wireless
?AT&TWireless
AT&T Wireless
welcomes you
Thank you for choosing AT&TWireless.
Before you get started, please read the
following important information.
Terms and Conditions
By using the phone or service, or by paying any amount
billed to your account, you consent to the Terms and
Conditions set forth in this guide.. If you do not agree
with these Terms and Conditions, do not use the phone
or service and notify us immediately to cancel service.
A full copy of the Terms and Conditions can be found
starting on page 21..
Your Service Plan
Please refer to your service plan brochure(s) for rates
and complete details for the plan you have selected.
Delayed Charges
When traveling with your phone, service may be
provided by other carriers. Sometimes we do not
receive these charges from other carriers in time for
your next scheduled bill. If charges are delayed, they will
be Included In the following month's invoice and may
Impact the amount of your bill. Please review your
calling plan brochure for more information regarding
the calculation for your particular calling plan.
Alternate Formats
For a copy of the AT&T Wireless Welcome Guide in
Braille, large print, audio cassette, or diskette, please call
1 800 888-7600 (TTY users dial 1 866 4-AWS-TTY).
En Espanol
Para obtener informad6n an espanol, por favor marque
1 800 648-6000.
C4NTENTSr
About your bill
Activation Instructions
6 Option is Connect yourself
7 Option 2: Call to connect
9 Activating AT&T Digital PocketNee service
12 Using your phone
14 Security options
15 30-day return policy
16 Customer service
18 Driving wireless safety
19 in an emergency
20 Traveling with your phone
21 For our customers with disabilities
21 Terms and Conditions
o•
For Online Customer Service:
wwwattwireless.com
Then dick on the Customer service tab.
For information on using
AT&T Digital PocketNetservice:
(For AT&T Digital PocketNet service subscribers only)
www.attwlrele5s.com/pocketnet
For Online AT&T VoiceMailTutorial:
www.attwireless.com
Click on the Customer Service tab.
Under tutorials, tips and demos, select
AT&T VoiceMailTutorial.
Wireless Accessories
www attwireless.comlaccessories
Phone Numbers
Customer Care 1 800 888-7600
To manage your account and features or
to speak with a represenative.
Customer Care (M) _I 866 4-AWS-TTY
NewAccount Center _1 888 866-4976
To obtain your new wireless phone number.
Equipment Insurance by Lockton 1 877ATT INSU
AT&T Connect" 41 I
For Directory Assistance, charge Is 9911 per all Plus alydme and
appliabic long daatnce and roaming Barges. includes up to 4
listings and connection to requested number(s). ,
ABOL T YOUR BELL ACTIVATION INSTRUCTIONS
A bill reflecting your call actNlgy wireless data activity, and Digital Multi-Network Phones
applicable service charges will be mailed to you each month. (including wireless Internet-ready phones)
Your First Invoice
For your convenience, a special brochure will accompany
your first bill with a detailed explanation of how to
read and understand the charges associated with your
wireless service The first invoice you receive will be
prorated for the monthly service and the included text
messaging and voice minutes in your selected calling
plan. Also, an activation fee will appear on your first
invoice, unless you are notified otherwise..
Alternate Billing Formats
We now offer billing in Braille and large print See
page 21 for more information about access to wireless
communications for our customers with disabiiides,
AT&TWireless Customer Advantages"
Calling Plan Flexibility
With the AT&T Wireless CustomerAdvantage program,
you have access to the best calling plan value, If you notice
your usage changing and would like us to conduct a calling
plan analysis for you. just call Customer Care. You can
update to a qualified calling plan-without fees to change
service or contract extension.
Recommendations based on number of minutes used by customers
in excess of plan Included minutes, are rariked to nationally available
AT&T Wireless calling piam a*. and am not a guarantee of lower
wireless costs. May require purdiese/use of different wireless
device. Does not apply to promotional. prepaid or certain business
slang plans
If you purchased a Digital multi-network phone, you can
set up your service from home. If you already have an
AT&T wireless phone number, and have provided us with
your account information, refer to set-up Option 1:
Connect yourself. If you have not already given us your
account information and do not have an assigned AT&T
wireless phone number, refer to set-up Option 2: Call
to connect.
Wireless Internet-Ready Phones Only
Your wireless Internet-ready phone operates in two
modes,voics and DATA. In VOICE MODE, your phone
works like a regular wireless phone. In DATA MODE, you
can use AT&T Digital PocketNet• service When you are
In DATA MODE, you can access AT&T Digital PocketNet
service only if you are within the AT&T Digital PocketNet
service area, and you will not receive phone calls.-To
switch between these modes, either press the MODE or
MENU key depending on your phone model.
When you turn on your wireless Internet-ready phone
for the first time, the phone will be in VOICE MODE.
Remain in VOICE MODE and follow the activation
instructions under Option 1 or Option 2.
Please Note
If you do not have a wireless Internet-ready phone or
other Digital multi-network phone, or you have service
with us and have upgraded your phone equipment
to a wireless Internet-ready phone or other Digital
muld-network phone, then the following steps are
not necessary. Your account should be set up and
your phone should be working. If your phone is not
working, call Customer Care from your home or
another phone.
If you have a wireless Internet-ready phone, you will
need to activate your AT&T Digital PocketNet service.
To do this, you will need to be In an AT&T Digital
PocketNet service area. Please see page 9 for details.
OPTION I CONNECT YOUR5EL OPTION 2 .CALL TO CONNEC7.
To Register with the Voice Network
to Place Phone Calls
If you have a Digital multi-network phone (including
wireless Internet-ready phones), and have already
received your AT&T wireless phone number, lust follow
the simple steps below to connect to the network.
1. Charge your phone's battery for 24 hours.
Refer to the phone's user manual for the exact
instructions as charge times vary,
2.. Your account was set up at the time your
phone was purchased; however, the phone
must now be registered with the network so it will
operate-This process is automatic, but you must be
within the AT&T Digital PCS service area (see your
calling plan brochure to Identify the service area).
Your phone will display the "D" symbol Indicating
you are within the AT&T Digital PCS service area.
If you are not within the AT&T Digital Pa service arm then
you need to travel to it with the phone on within three days
from the date of pumhase ra comptere this pnxess
If three days have passed since you purchased
your Digital multi-network phone (including
wireless Internet-ready phones), and you have
not connected to the network, please tail
Customer Care at 1 800 888-7600 (TTY
users dial 1 866 4-AWS-TTY).
3. Turn your phone on and leave it on, Once your
phone is registered on our network you will see
"AT&T" on the phone's display and you're ready
to make and receive calls. If your phone does not
display "A=r' within four hours please call
1800 888-7600 (TTY users dial 1 866 4-AWS•TTY)
from a phone other than your wireless phone
for assistance.
Wireless Internet-ready phones only.
You are now ready to activate AT&T Digital
PocketNet® service. See page 9 for details,
To Register with the Voice Network
to Place Phone Calls
If you have not given us your account information and
do not have a new AT&T wireless phone number, follow
these simple instructions. We will set up your account
and connect your phone to the network
I. Charge your phone's battery for 24 hours,
Refer to the phone's user manual for the exact
instructions as charge times vary.
2. Read the AT&T Calling Plan brochure and
select the calling plan that fits your needs.. If you do
not have this brochure, stop by your nearest AT&T
Store for a copy.
3. Review the General Terms and Conditions
located in the back of this brochure. Once you set
up your service, you will be bound by the Terms
and Conditions, so it is important that you
understand them.
4. We will require the following information to set
up your account
• Your name, address, home, and
work telephone numbers.
• Your drivers license.
• Your Social Security Number and birth date.
• Your selected AT&T Calling Plan (from
step 2 above).
• Your phone's electronic serial number (ESN).
To locate the ESN, remove the battery from the back
of your phone.The eleven-digit ESN is located on the
white sticker on the back of the phone,
S. You must live within the AT&T Digital PCS
service area to activate your phone. Please refer
to your calling plan brochure for service area
information If you do not have a calling plan
brochure, we will assist you in identifying your
AT&T Digital PCS service area.
(Continued on next p.ge)
OPT [ON 2 C ALLTO CONNECT``
ACTIVATIN
G AT&T DIG
ITAL
POCKETNE T SERVICE
Turn on your new wireless Digital multi-
network phone or Internet-ready phone
with a fully charged battery.
7. You now have ail the information necessary
to set up your service- Prior to setting up your
account, you will see "Home" on the phone's
display.You should also see a small "D" symbol
which indicates you are in the AT&T Digital PCS
service area. Call the AT&T Wireless NewAccount
Center at 1 888 866-4976 from your home or
office phone.. During this phone all we will:
• Ask for your Information (from Step 4).
Confirm that you have read the GeneralTerms
and Conditions and agree to them (from Step 3,
see pages 21-25).
• Verify your credit standing, which wig determine
our service billing arrangements with you..
• Assign you an AT&T wireless phone number.
• Activate your phone.
• Answer any additional questions you may have.
8. Leave your phone on-Your phone's display will
change from "Home" to "AT&T" to let you
know that you an now place and receive calls.
Wireless Internet-ready phones only.
You am now ready to activate AT&T
Digital PocketNete service. See next
page for details.
If your phone does not display "AT&T" within four
hours, please call 1 800 888-7600 for assistance (TTY
users dial 1 866 4•AWS-TTY).
Note: Credk approval andfor a
valid major credit card may be
required for service billing. Usage
limitations may appir.
AmlJ ere;s Internet-ready Philp . js requjre l
frow?yT8e7' Digital?Pockef)`Igt-spnriiii:lf j%iiui?p.
not have a wirelessln'"Mgt-[eai!y.•phone;.
piea3e ;Curn tri page 11 'off ;s2t;wp your,AT- &T ;
oic>rMail bq>t.
Getting Started
Please be sure you are within the AT&T Digital
PocketNetservice area (see the AT&T Digital PocketNet
Service brochure for service information).
Turn on your wireless Internet-ready phone. Switch the
phone to onto, Mope. Wait for the service to connect to
the Internet. If this is your first time using AT&T Digital
PocketNet service, the screen displays that roliow will
help you set up and customize your service.
1. You will initially receive a message regarding
security. Press the key under Ok (YES) to enable
the security feature.This will prevent any other
phone from accessing your accounLThis will twice
a few minutes.
2. Once this step Is completed, you will see a screen
entitled "Tutorial," This tutorial will explain how
to use the keys on your wireless Internet ready
phone to navigate through the AT&T Digital
PocketNet service.You can view this tutorial
now, or press the key under stir. If you skip the
tutorial, you an return to it later under the home
screen option entitled "AT&T."
3, Next, you will have the option to select a user
name. This will be your user name to access your
Personal Web site and your e-mail account (see
the AT&TWireless Features Guide for e-mail
Instructions). Your user name must be at least 3
characters In length and may Include numbers or
letters, if the user name you select is already in
use, you will be prompted for a new user name.
Press oiL
(Continued on neM pate)
LS UP:YOUR AT&TVOICE'
MA L BOX:
4. Next you will have the option to select a
password The password must be at least one
character in length and may Include numbers or
letters. Press OK. If you forget your password, go
to "AT&T" on the home screen and follow the
prompts to choose a new password.
S. If you selected either the AT&T Digital PocketNet
Pus or Premium Plan, you have an AT&T Digital
PocketNet e-mail account.Your AT&T
Digital PocketNet e-mail address is your
usernameQmobileatt net.
Your fillers pn start leaving voice messages
as soon..as j ou activate your phone, so it is
irnliditaSi6 tNtyou 'set up yourAT&T VoiceMail
bbx and O36 soitai greeting irfimediately.-
AT&T Dlgiial.pgc6iNet?seN' subscribers:
Please sw?t7 tit. plitoiie io, vdice Mope before
setting up your. AT&TVgicJ al bok'
To personalize your Password /greeting:
• Dial your wireless number from your wireless
phone or any touch-tone phone.
• When you hear the voice Mal system greeting,
press 0 to interrupt the greeting.
• The system asks for a temporary password.
Please enter 9jMi( 11 ft.
At the prompt, using the keypad, enter a new,
easy-to-remember 4- to I S-digit number, then
press MI.This k your new password for retrieving
voice messages-
The system will prompt you to record your
own personal greeting or select a standard
system greeting.
Once you have completed these steps to set up and
customize your service, you can access the AT&T Digital
PocketNet service home page for the plan you chose:
Basic, Plus, or Premium. Depending on the services
avalable with your plan, you can explore featured
wireless Web sites, access yourAT&T Digital PocketNet
e-mail,or connect toAT&T Digital PocketNet. organizer
features, Including Calendar, Contact List, and To Do last,
Note: AT&T Digital PocketNet service operates on the
AT&T wireless data network, which Is different than our
wireless voice network.Therefore. you will not be able to
use AT&T Digial PocketNet service everywhere voice
service Is available. Pleas a see the AT&T Digial PocketNec
Service brochure for coverage information.
To listen to your messages;
• Dial your wireless phone number.
• Press ft to interrupt the greeting.
• Enter your password.
• The system will automatically play
new voice messages.
• After you review a message, the system will prompt
you to Save or Erase. If you do not respond, your
message will be skipped, and the next message win
begin to play.
Note: You win not Incur alydme charges for calls answered
by AT&T VoiceMail when you retrieve messages from a
landllne phone.
For an AT&T VoiceMail tutorial:
Go to wwwattwireless.com/.
• Click on the Customer Service tab.
• Under tutorials, tips and demos, select
AT&T VoiceMail Tutorial.
'User Instructions may vary In some AT&T Wireless markets
10 11
U51N6YOUh PHONE _
AN wireless phone models operate simiiarly.They have
a specific key to begin calls and a key that ends calls.
Another key erases the last digit entered. For this guide
we use the symbol ft (YES) to identify the key that
begins calls and @I (NO) for the key that ends alts.
M is used to identify the'brwer" key. Refer to the
phone's user manual to identify these keys on your phone's
keypad, as they differ depending on make and model..
Abbreviated Dialing
For Customer Care 24 hours a day,
dial 611 and press @A (YES)
(M users dial 1 866 4-AWS-TTY).
For emergencies, dial 911 and press
01 (YES).. Refer to page 19 for emergency
help, reporting accidents. or notifying
authorities of dangerous road conditions,
Placing Calls
Direct Dialing
Wireless phones don't have a dial tone. First you dfal, then
place the call.
Note:lf using a wireless Internet-ready phone, make sure you
are in voiceMOoe.
Ibm your phone on.
• Dial the number you are calling. If you make a
mistake, you can erase it by pressing the M. key.
• Press the OR (YES) key to place the call,
Local Calls
Dial the 7- or I tl-digit number, press l (YES).
Long Distance Calls
Dial I + area code + 7-digit number, press ft (YES).
Credit Card Calls
Placing credit card calls from your wireless phone is Identical
to credit card calling from your home or office phone.
Dial 0 + area code + 7-digit number, press at (YES).
International Dialing
Dial 011 + country code + routing code + local number,
press (tM (YES).. International dialing is an optional
feature. Certain conditions apply.
Ending Calls
It's important that you end every calf.Please keep in mind
that if you do not, you may be charged for airtime even if
the other party hangs up.To end the call, press f. (NO).
Answering Calls
Your phone must be turned on to receive alls.When
your phone Is turned on and you receive a call. It wig ring.
Noce- If using a wireless Internet-ready phone make sure you
are in voice MODE
• To answer, press @4 (YES).
• Then to hang up,press E(NO).
12
System Limitations
Because of the inherent charactwistics of radio frequencies,
service may be limited or rails may be interrupted for a
variety of reasons.. Actual coverage depends on system
avalbbitity, terrain, weather, signal strength, customer
equipment, and other factors. Service may be temporarily
limited or interrupted due to system capacity limitations
and system repairs or modifications. Service may also be
provided by other carriers.
Dropped Calls
If you place a all in your local area and it is dropped, our
system will automadcafiy credit your account for one
minute of airtime charges above the minutes included in
your calling plan, if you reconnect with that party within
one minute. Automatic call credits are available in most
ATSTWUeless markets . For other dropped calls, contact
Customer Care for credit information,
AT&TWIreless CustomerAdvantage$m Upgrades
After your first year of service with AT&T Wireless, you
become eligible for discounts when you upgrade your
technology through the AT&TWireless Customer
Advantage program We offer models with our latest
capabilities and enhancements so you can stay on top of
current technology. Visit www.attwireless..com or call
Customer Care to explore your options
Qualifying cummers in good standing only on 12-month voice
calling plan.
Accessories
You may wish to explore phone accessories such as
ear buds, battery chargers, and decorative faceplates.
Depending on the make and model of the phone you
purchased, you may have already received phone
accessories. For more information on ordering or using
accessories, visit www.attwlreless,com/accessories/.
13
SECURITY OPTIONS
3Q DAY tZETURNPOLICY,,
I
Authentication
Authentication is an advanced anti-fraud technology
from AT&T Wireless designed to make your wireless
service more secure .. Authentication helps prevent
counterfeiters from stealing your phone's signal when
within the AT&T wireless network Best of all, it doesn't
require any additional steps on your part--all you need
is an Authentication-ready wireless phone (most digital
and newer analog models offer this capability). Its
absolutely free. And Authentication will automatically
be added to your Authentication-ready phone as it
becomes available across the nation.. Available only
in select areas.
Equipment Insurance by Lockton
We understand that you can't afford to be without your
wireless phone. For a low monthly charge, this program
insures your portable wireless phone against loss, theft,
or accidental damage not covered by the manufacturer's
warranty. To sign up for this security and convenience
or to inquire about terns and conditions, simply call
the Lockton Wireless Insurance Center toil-free at
1 877 288-1678.
14
When you activate new service with AT&T Wireless, we
are confident that you will be pleased with your purchase.
However, N you are not, and you purchased your phone
directly from AT&TWireiess, new wireless phones and
accessories can be returned to the original place of
purchase within 30 days under the following conditions;
• Returned item(s) are accompanied
by a proof of purchase.
• AM original materials (accessories, manuals,
packaging, etc) are included with the item.
• The Item is in re-sellable condition
(no cracks, scratches, liquid damage, etc).
If there is a question regarding re-sellable condition,
AT&TWireiess will have final decision as to whether
the item can be returned or exchanged
• Check refunds will be processed and paid within
four to six weeks..
• Cash refunds of up to $100 vri8 be issued
at the store If funds are available.
• For AT&T PrePaid products, please consult
ycurAT&T Prepaid User Guide..
If you did not purchase your phone from AT&T Wireless,
please contact your retailer for its return policy.
In addition, you r6u;t perstiq;iily eavtee(ygelr
accountdiy caliingAT&Ti'cles CUg - .r
Care of 1'806 8887600. jl T)f u;; f i'tl al,
1866 4-AWS•TTY). You are also. cc'quired to
Pay any applicable service or usage charges.
Is
;CUSTOMER SERVIC
The AT&T Wireless Customer Advantages" program
offers you several convenient ways to find us when
you need us-
Online at www.attwireless.com
Our Online Customer Service makas accessing and
managing your wireless account simple. Easy navigation
and a dear, comprehensive choice of options allow you
to review or customize your account In very little time-
To start, follow these easy steps:
. Go to wwwattwireless.comf.
2. Crick on the Customer Service tab.
3. Enter your information as requested to register.
Once registered, ail you'll need is your wireless number
and password to access your wireless account.
View Account Information
Review your contact information, current account
balance. and calling plan anytime you want
Update Account Information
Revise and update contact information. Including your
address and contact phone number.
Calling Features
Personalize your wireless account by adding or
deleting features such as AT&T Vbicehlail and Call
Waiting. See your AT&T Wireless Features Guide for
more information.
Billing
View up to the last four months of your billing
history and take advantage of our Reverse Number
Lookup feature
Payments
Make a one-time credit card payment or choose our
Recurring Credit Card Payment feature.
Note: Online Customer service Is not available to at customers.
Some customer accounts do acct have access to -ail lunctlon3licy.
By phone at 1 800 888-7600
To review or manage your wireless account with a
single call, dial AT&T Wireless Customer Care at
1 800 888-7600 (TTY users dial 1 866 4-AWS.TTY).
You'll be asked to enter your wireless number.
Press ft- when prompted for Automated Services
to customize your wireless account.
Account Balance
Get your account balance, acquire a copy of your bill, or
make a payment with a credit card.
Features Information and Changes
Make changes to your wireless account by adding or
deleting arty of the following features: AT&T VoiceMad.
Call Wafting, Call Forwarding, and AT&T Caller ID..
Equipment Information
Get information on equipment, and even purchase new
equipment and accessories right over the phone.
Press (a to speak with a Customer Care representative
at any time during our prompts and menus.
Nate Automated Customer Service is available in most AT&T
Wireless markers.
Visit Our Wireless Experts
For Face-to-face service, just visit your focal AT&T Store.
We've staffed more than 600 full-service AT&T stores
nationwide to assist you. Available convenient weekday
and weekend hours, our staff is equipped to answer
your questions and provide the information you need to
make your wireless decisions.. Or, to see our latest in
equipment and service offerings, you may also visit any
of our Authorized Dealer locations.
With AT&T Wireless Customer Advantage-
you have customer service options that fit
your lifestyle.
16 17
I'
Your wireless phone gives the freedom and YOU flexibility
stay in touch when you travel.
However, the safe and responsible use of the phone
depends entirely on you, Avoid accidents by not reaching
for the phone or talking on the phone if that dimacts you
from driving safely. Your rife and the lives of others are at
stake. Arrive safely.
Ensure your safety and the safety of others:
• Always buckle up.
Keep your hands on the wheel
and your eyes on the road
M,.=
• Don't let a phone call distract snreax
you from driving safely.
Carefully consider whether you should use your
wireless phone while driving. factors to consider
include driving skill and experience, familiarity with the
vehicle, and traffic and weather conditions.. Consider
your alternatives:
Allow voice mail to handle your calls and then
return them at your cowenience.
Pull off the roadway if are and legal to do so.
• Ask a passenger to place or answer the calL
If you do use your wireless phone while driving,
use good judgment.
Tell the cater that you are driving and may have to
suspend the conversadon.
• Position your phone within easy reach.
Use a hands-free device
• Use memory dial and automatic redial features
• Memorize your keypad
• Dial numbers while you are not moving,
• Do not engage in stressful or emotional
conversations while driving.
• Never take notes or look up numbers white driving.
• Do not use data functions such as text messaging or
Web browsing while driving.
• Please respect ail applicable laws concerning the
use of wireless phones. Some states or municipalides
may not allow the use of earbuds or headsets, and
some muricipaGties require hands-free use
If an emergency occurs, dial (9, a; - ft Where 911 is not
available, you will need to Identify the appropriate local
emergency`service number to call for assistance.
Important If you are in an area where your phone Is
searching or scanning for a signal or there Is no signal, it Is
highly probable that a call to 911 will not go through. if
your wireless 911 call Is not going through, locate the
nearest landline phone and call for help. Also, TTYs (text
telephone devices) are currently not compatible with digital
wireless phones and should not be used for 911 calls..
Wireless 911 calls do not automatically provide
emergency personnel with your name, phone number or
location-Tell the dispatcher:
• Your name and wireless phone number,
including area code.
• The nature of the emergency.
Whether police, fire or medical assistance is needed..
• The exact location of the emergency, Including cross
streets,miieposts or landmarks.
Remember: Lock your key pad to prevent unintended
calls to 911.
For more information visit:
www.attvAreless.comigeneral/our?-companykmrenesd.
A message for parent= Review the options for
responsible use with your new driver and establish
guidelines for phone use in the car.
18
19
I
When traveling outside your Home CdingArea, callers
simply dial your loaf wireless number, and the call will be
delivered wherever there is wirehtss coverage across
most of North America.
In most areas you an place calls the same way you
do In your home area,.You will be responsible for any
applicable roaming and long distance charges See your
calling plan brochure for details..
When traveling outside your Home Calling Area you
will have access to your standard features. However, for
access to your Digital PCS features you must be within
an AT&T Digital PCS service area; please refer to your
calling plan brochure for details.
Traveling with Your Wireless
Internet-Ready Phone
When traveling outside an AT&T Digital PocketNe&
service area, you wail not be able to access your wireless
Internet-ready phone's DATA MODE. Data messages sent
to your phone while outside an AT&T Digital PocketNet
service area will remain in the mail inbox on the network.
When you return to an AT&T Digital PocketNet service
area and you access the DATA MODE on your phone, the
phone will alert you of pending e-mail with a beeping
alert. However, the maximum she for each individual
e-mail message is limited to 2MB, with overall mailbox
capacity limited to 50 e-mail messages. Once the 50
e-mail message capacity has been reached, even if e-mail
messages have not been opened or read, additional
incoming e-mail messages will cause old messages to be
deleted to make room for the new messages. All e-mail
messages in your Inbox, both read and unread, will be
deleted after 90 days. Messages that you wish to save
must be moved to your Saved folder.
20
AT&T Wireless is committed to making its services and
products easier for everyone to access. Wireless phone
manufacturers are also working to include access features
in their phones, handsets, and accessories so that
customers with disabilities an enjoy the benefits of
wireless communications. Our sales associates and
Customer Care representatives are trained and ready
to help you explore some of the features, services, and
accessories currently available. so you can select the
products that will best meet your wireless communications
needs. To learn more about the AT&T Wireless
commitment to disabilities. visit ourWe6 site at
www.attwireless. corn, select Our Company, and view
the information under Disability Access at the right of
your screen. Or you can pick up a copy of For Our
Customers with Disabilities at any AT&T Store. Our
AT&T Wireless Welcome Guide and Features Guide are
available in alternate formats including Braille, large print,
audio cassette, and diskette. In addition, we can provide
your billing In Braille or large print upon request Simply
call Customer Care at 1 800 888-7600 (M users dial
1 866 4-AWS-7TY) to order the format you prefer.
` r • iI •
Get the most out of your wireless service by knowing the
parameters of your Agreement with us. PLEASE READ
THESETERMSAND CONDITIONS CAREiRJLLY.They
govern the relationship between you and AT&T Wireless
and explain our respective legal rights concerning
all aspccts of our relationship, including:
• Billing and charges.
Starting and ending service..
Privacy and conlidenElality.
Early termination fees.
Limitations of liability and warranty.
Resolution of disputes by arbitration Instead
of court trials and class actions.
IFYOU USETHE SERVICE OR THE PHONE OR IFYOU PAYANY
AMOUNT BILLEDTOYOURACCOUNT.YOU CONSENTTOTHE
TERMSAND CONDITIONS SET FORTH IN THISAGREEMENT IF
YOU DO NOTAGREEVVITHTHESETERMSAND CONDITIONS.
DO NOT USETHE SERVICE OR PHONEAND NOTIFY US
IMMEDIATEI-YTO CANCEL SERVICE.
21
GEN@tAL TEAMS AND CONDRIONS FOR WIRELESS SERYFCE
iU it a t r taunt) For witless nib telemm?aamodces services ad related
sewios adFtr Fame ('katFte1 between po and it dilate of MY Fcµ hood m provide
Service in du true gnaw VA your IWV*d telephone, data anllw urosaOn no btr(o
Cilumbel) lire tum 7bwe" roan dat wireless muting and trammi*g egw" that we
hate adhmit?d ne be p alramted vdth die Noaba ad any acanories,
1. SWICE
a.Terrjg Early CmWiation Poe. The term of this Ap easusst G tad ParkerdIeoh
N die Calif PbA baron a sman" N rebel and h hilihed Isla zep. 111 ATdi Wiudea
Caliip Plat a Note Plan FIW46 k*. apa otarol nmsah atlas a HE
YAmm We6ome Gich, d valGch an a part: d die ApeaWotnt p IN adirate pa Oipitel
Flickewe aa?ir? Tod races and nary addimd triad and 01nddons we daubed 'a a wpran
A19 kind Fbdeal(ete1 faro Pan n4Fdt it a pat if this Arw aK ibe team of this AOatmeu
for tad Amber begs me the thin we asai net Seek for dun War. IF YOU SELECT A OU1NU
PUN, AT&T DWAL POC ETNETr' SEAM PUN, FFATIINE 01 PACIM WIND REQUIRES A
FLIED IENH OF NONE DU ONE NORM peal AS A ONE-YEAR CALLING PUM),IUU AGIIFE ID
PPM SUM FOR iM MU MLK Aitr d* Foe! tom aigire; a i pr an em on N fad
esm (sod as a "mootAy' (aft PbnL d, Aptment d modaoe roll krmiutd tither
M Ii: ON I MORON WSFN rrtdFOIED 'in our iEIM YOl HIE Plan. I YOU A TERNFNATE ETHIS AGREEMENT WNN
NEW 10 ANT INAIBEN WITHIN 30 DAB AFIERiDUI ACi1DIION DAR OF IN NUMKL if IOU
DIHINBE NONE AIm 30 OATS Arm VOM ACOYATION WE, OUT BEFORE ME BD OF TOOK
FINED 1EIKOAWE 1FI0f8WE IOIIDPIIGIOIIR DEFAULT,IOOYAII of I IUUf1YAl eAEWI OF
1N0 AGIM1111LIiN1 AWE OUR 1WIAGES WRL i PORWIF OR now TO DEiEm
MD AGREE iD PAY K AS A IfASONANIE EMWE OF OII i UTAGES AND IN ADONION iO ALL
OfNERA1NONtS 09FIG,A CANCEILIO N FEE 10I EACH MtMER?E ACMALAW N? OF
"KH 101,1010 I TOE CAWNG PLAN OR FFAIURE ON PNOlppBHU NffldllS AND YOU
W 1101 i HIM FOR NEW aNIONEA PIVOHOIIOIIS IN TOE FUItNIE
b. Rates. Tom Serra rata grid other dchat?as and mnddon fa ad Winder or Phone an
described in par Calm Phis and ATIT WinhaVdmac Gilt (it ?py? amp Tod Mar OW
dF ? Servine
Fho p a ea& of Which is a ofthis AQl t. IF you late yar
p uq donne you Flat spa prig,tae m Ter I
Pa P? Fa my (Ant PkN )u Vat b pa br y a the idloond attar You
undd ten ban tr de meat Iwor" Callnp Pan WW In at disable N you
add a CAN Fkrn or From tad baddd abdmt or ?t ms*k toted indaded home or
art amp been on bTng cycle will no carry nor m any site IbWt qek
e. AvallabDity/intorruption. Sundae 6 morosely wAMe to yams "Mae when i is
midin the gentusp nape of amr sytten dad may be ma iwe ematich of that aced in der
anmr state am swim it N*d to aammiron Wok w tur"lon raced
vuk r.v Sovim my be IT"tK Imital in ? to when cormNe is trot araNifir or may h kmpaa ay
WW or arrreptd in to rift ? ima ? maa and po r?krneO R* or maomdois otrsrym
theme to Nod eds to artme oteprits of numbers !ef fFA, 9W and?dran anyou, tdnTidwal
doindom) { in as sob daceed* we at eaperieamnp massive WGrig, apemen or hard
problems with CA m done mmbem
d. Use of ServoxlP6onMNunaber. Tom am to use the Phone or Service for arty
sedawfrl a Amine pogucee win any v ol" d wr peopetry or Fatadera wit or
d npa oat sptem or other me Yet wl m w+nh hm st6k sin the Unite and you
will net tram it any commmiadae widab wwAd sidak tY laws, am a&r or ftv66* or
wwdd filet r he dusin to de . =%Z Teespsunble ter cep 01raud you
r+mmit aAnigh
yaw Hoe. Attire If strike b t poor Won cmoaaal mmpaneno with m
a d reptnd republory appronlayou an itsponobb br ensuing that your Phone a
with our Satin dad [seen led" sotdards.Toe may not msup joy mpTden,
alums, repeater: a odd levies which if d" or interim 6 any may with the radio
(tarot to as to p wh Sesvht ins bare no WAW* ribs to it Nmiber, day IP
=a dry tied dddms promoted lay a In be sued with any wselto IF service, and IN
a4ee roan dated dry jut Nmobve. P addm or t4A adder at my time nick or Wan
snwbwan will IN a may and" paeissikd sofsnre uecestoy m we Serra, ad the
prtreat die pleat ion bong admted welsh any other 01rvirri terror. By mop
Service. 70 we to abide by de mm and tNdtan of any appbtable Am license
e.. Unatsthorised Usage. TN may not pnoM the Number boo any tg'Ine w other
dean de Pkne or dare the ebmmic renal jtao6er ??SSpp)? or EgiipnWa Idtatild 014 of the
P6am. 0 Far Floor is slam IF Service's hadtabdy tested molt mmeda
ttly wk adb amid
parade a with sad dodvaoroN ad is fiat[ n you a" Qr k*i
F°hit sepan? Uoo1 yOSn notTF a, FN wpl rrwmbs fa tN dmnts made m you
aommw.Wt ban der * m 6bngt a resit Steatite m Par Nmk wddout Doled a TN, 0
m as baddost. legal or awn aaseity You apnt to nopeok with is in any laud
iwesdpaeaa and to m toy had prera6N -mm W we procrbe. faime to puwide seamn It
eopemgw wl nsuft it year Mier for A h umm tale
L CHAR GE5IPAYMENTS/DEFAULT
a. Genenally.In an rapombb hr paying all chalet to your Mount. intludap but not
22
baited to aiwk arcs; homes, dab mom, tech aaataies t01rm` lacer dsaut drtaory tad
opwtm anhennat dapes, it prise d Fbono and attaut % t6ppit 340 kn, and any
teja suclnnts, fed atteareents, err naeaies reaaadly ddeuioed by ss b be mimed on yN
a a a a retain of ere of the Wen at your namat or de Tiadsae d `Tba wl be bled
at dwmUdc airline or racoon rate[ for 800, IK 8A, 088, and taw a hue' tart. r Ton
ac6a lath use beha0 of in ttaiy but wen unauthorized to do sat Tod will be
Rspombb ed al ce a a m the en umm Wall. and be o bard by this /eteeaiea a
had activated Satin Tea rm btdl IN may a depart[ ' ter your ban tan
tl gtLWi roam de rat' to dt0ea tame a al d pa in abete dh m a 6it duorct
prMer d oa thou. For aI 'no=* ; and o Strip de leopth d dm ray oil he
M-wd dsdog the date dot the d is mopemd pa q tun, wbid it wmw tad
the Dine yN prnt'Sed' a aduer keF b Fmuam a drover aa?d mat apptamdte tae
You prett'Ea4," a odwa rdal Ivry to teadaam the all Wm pt tad dl ' btytd is td
and t smeanroq ad p nitro Of me NOW cep m die start U mtaae II an haurom8
mid NO bad lerywhel to another plan anotheryou wil to 4'4d fa she audse tae Q
ms switch handles it tall for 01111 made btu or stalred 6 your lad ant yro will aim be
[barred for 601/ or onerauated tat I you pat -W a'1b- odddo a rtaona6lt rime r ppr
Phan is zed an a pjper, you WI be dolled fa taaettt?a at daubed on your Caiiq Naq r"
Tat rank budsn or W Dipol the Wm P6a
b. Billing and Patyment We wk pnmide your ba in a format we loot[, whhb may
dw%t bud date m li n , Pjgamet d al is due
ipoa na4t d 4, 03x8 cyd, aid
data may dare foot time m time.Wbm a 6itn cycle "a fen tart a date thou a k11
rotate we may mate mmmb6 adpmomW and puradmi. &*m map may be bled n a
nbaapaatl mad de to hale rtpotds? b*- ar* tit usep will be dm;W as a end
m it MA bled I bate aubas6d"pryaww k end, and no adilida" on or (mot
will be required for in tat at* and or am"
C- Late PaymenftMhpUtes, Taws 6 of it essence for paymat Dwekn, you a" to
Pay a a late fee kr adman unpaid 20 dap Aim it date of the imarce an die
amount set . .
in fill *r na W- a?aa *ts?m corm it hr as ml do, under din Ap at We
WI aunt m 4idmil re it an amwaa sat tenth at year U ft Plan br xy died or dtaradc
payment warmed hr ananpaynoq, AN dame doe, btdodn8 dapwod -ts, mot be py
de due desk narien of de soon d any w6jeccleL AN mamumiodons Dart opted
"Met led in" % ira0or eht ordered a M saltbox[ of it wo m o. most be
Aa ir, (- -
"P Doom- m be nodde d de cmelt, (o) sent u oat w*m
rte inch and a) rmitd by a lift dD days ester tempt d der i ices R
or Jet ugranmu
is not at you A tone any a rms. aY
d. Dcfaelt/Teraderadon. U aN to pay, ay anent pad o m or in aOdote dome
wide 20 days do in die of eh Groin, or d you ban amuao a Duna p a ut or an
arrote of an ton a pia K=4 a a yN bad any woontaft to m or ad to my d the p usists yen Lade fa des tpeetmt or it yen at ahFd a amry pjoteWirn madder
the GstGR q Ad or simian laws, you wl be is deliult trod we anal wmdmt name m you,
mpmd kr ie adea armi ve this Ilpeahe k h amnia to aN other remeio vi" M us
We may regrie raahd m s arpes an raw Sarin after consisted" or smpendon. Upon
Imamuw4 yon an napna'hle Am P*q al memo and den" miler this Apement,
>ny applohie taahWdiion lxhW ?8m an py A [ante ' reasonable atertib
e=De osits/Service Umits/Credite Renortsl?°t°Rat?ta ft* galan?ces.lu
adds to to alt [Dania repathtp apaclo or We alma n b bmoh a rift unplapnew
crade Won* ad yw 01 - te err ndeddap and (mead vans htdhest
"am and atria history. N fee belie dot we ban reported imoviee wmw;, i abort r
a
usa" two cmmt to a none RM" may sad i written gain deroD? the sperile
Plea OR 9Tt bb a? aeim,SAuc Credo Imatfladm Tanti Eb. rat ptS8, % lervist r*A 0 depwit wg be ltd a* a of seta to wbRih or ua6taio
s. )be pry Your ha or deb/ pafo ert Uoku d nv eI°i e of p s?aM It aohat be and by pis to
(Dads ahd hell let em fotentY/e ? ? dPosia be mind watt odrr
plat your err mtd °? 10° m 6dene fora it at arty time m
mw94 4" kied a aimtl trope or one
rnw15ada d your obi' m
pay.TN troy goat duet we aeenaare yaa depwit w an nmatl baud wNd Mcy radtm a
ppaaid a Intel admd as the de* m you or credd to you account 11 you dtboh a this
.1 4 terminated we era/ wielder oodn to yo4 any erg tmnrch payatm d
dupes in AhW 90 dye AsBsMiip armimiai d unto= any depooit a other cre?n in"
aea OF $10 wN be Moved widwa interest to you a your
lest lama addrtd iba Vu any amts under $10 or moues Wflch an trod Frtnyt wwll it
debited to tow dun aft Coro of dome you w01o.
f. Stxvice Reastaietians. I WRicst Usage K.Nor it dated and (IMICA and bt6pap? aidadnl appl01hion it amnatt dSenvu dew rato do
0°i pa?a? We yN
y be
use d aq kits drat wt inpwt.We A also send
joRce6N m who You apprad andf r read your fmdl.liwr Sovice w a he
sospmdd a
Mad you Imt and YON wl out be dirk to me she Sanie and year amuat 'n pad is rel
"'of Jape de PJ6 Omm6p a propaw, or Moir slap 0R" p
upon wads to yet shit proprxs ahoy dMe
23
g. Account Infaematinn. dry Fenn aide to Faride your nave, it bit fwa dqh of
your solid seatriry mor kr, and the Rawdw is adrroed y you to tarot War mioo about
and male damp o pas awsw4 kWq adAq sew Numbers. V you art retamg Suds m
a buhnus tarwg Pine dsarlo your ttnpioyv. you adona a b dealt Taw moves: hdonmbon
with It. CPN!?
i Cotstsst. Urdu federal hw, you halt a nWad we lave a do to press die
addmdsRsy of idxmdm about lit amou K type ad desuiatiai d pa a- , ftl;oe am
P%16 count m m dmbrg your 0111 We AT&T fmpi its aff live; and it tartrastors to
or brig m anuto n atq podum ad amm ibb taunt tuna de kreamdon
Service and h WNW ad Tau etmae it To ranter dds mm at aq irk, mdy to
in
7utAXWW1u%,Amc V1µ M But 91061, kdaaid,WA 9BAUIR, ppindog dam (1)
come, home amass, (S) hose Wghene satba b e adng as aide, (9 Nmber WAR
sea red, (S) Setria brig hddota. aid I Jerrie a?rat member ksanag momet wN not
sled Tar enters Sarin a lit pnmeiam ay para aph 2g. shat.
3. CRANGE5 TO THIS AGREEMENT
We nwy wand the ores of der Ayyerrmr, 6dr8g the CAI Phn aid AT&T Yfwolea Wdwm
Gale ad AT&T 744 Podid ttm serum Plat, aeon adrm rotor. I you do at a{ma to der
awadmmt Tea mrf treadma t?he? y?th? u meta VWlh 20 dap Of rk dare wi
Ymti and Tae was oet fa doafaeeir anafaem ke A she lit Service irhen dm
20 afw we molly Y. d a doge, Tan to dot dwrge.lrou bat de oar, m Carafe
yaw Ran or knbaes at any am Yy no ' g as. and you M7 We adcapge of trot Of
our promotions to wMdi you gnEiy, prauided du Tau tompip wide wry is remeots of line
t6asge a the praoodoµ inrdadmy wkte app Etabk nearing de wad dt Apteraal Any
wa take lied by your sat biog tide U Tura bander m a G6 mm hang a am
b A-rur bur has pmV=A fa6ag Play Fos mar enaain obipled for de term doade
pried vm f
she term Pin N wa afar Yale to sapend for aaamt for a temporary
coad you Agcmea by de kmgdi d the tempaary mtpemias
4. LIMITATIONS. )wrisdiriars ' do rot aAaw der mdouon of aron sunmdes at it
Emioum or udmhm 916AFq for bdderd or mleregsaidaU chafes Acmrh&sgf , sane of die
t'oad'ies totdabad io die Qmoo any rot apply o Tae.
a. Limitation of Liabiliteyy. WE ARE NOT ILW 101 ACES OR ONISSINd of Alas=
SEItM PIONDEI, FOR UNDULATION PI011yE01PROUGN TOUR PIODE EQU MENT FAILURE
01 HODIFIDIM 01 PAUSES IMS 001 MUNABLE (ONIIOLWE ARE NOT UAW FOR
SERMKE OVIAGES OF 24 NOVAS OR LESS NOR FOR SERVICE UMRATIONS OR W=ok
AS BLDUM M MO N 11 AWE.OUR U MY AND THE II WR OF ANN INOENMHG
MIND FBI ANY FAILURE OR MOTAILE SUILL M RD DER EXCEED OUR ow OIAAGES
DURING THE AFRaEa KMkV E AND ANY ONDEALM CARRIER ARE NOT UAW FOR ANY
INODENUL, POmmi OR EORSEQUENTIAL DANAGES 5101 AS LOST PAOFNS.WE AND ANT
UNDERLYING CARRIER, ARE NOT LIAIiE FOR (A ECONONK LASS OR INJURIES W PERSONS OR
PROPERTY ANSVIG FROM USE OF TOE SER G. IRE PNONE OR A FQOPHENT USED O
[ONME(ROl WIM THE PHONE Mfg CAUSED If OR SOLE ANW4R GROSS NEGUGEK 01
tt THE 05TAUARON OR REPAIR OT THE PHONE BY ANY PARTIES WHO ARE NOT WA
PIU(FFS.WE ARE NOT LIABLE FOR ANY ACE ASS11001) WITH TOE PROPER ENkOR OF
RIGHTS UNDER THE P1W AWN UNLIMIWRIIFD USAGE PROVISIONS OF THIS AGREEHflR.
THIS PARAGRAPH SIUd1 SURMRE TER NNATION Of THIS AGREEMENT.
b. badamnilkation. YOU AGREE TO DEFEND; INDENNIPF, AND HOLD US, ON UFIlATfS
AND AGENTS AND AIR OTHER MU PAO 00, RADIUM FAGS (LAIRS OR NIAGES MIMING
TO IN AGREM ORYOUR PAM OR SPOONING HIDE IN R AHD USE O THE PNK OR
SERVICE UNLESS DUE 10 0111 SO AlD/Olt GLOSS NFtRJG M.TOU ALSO AGREE M PAT OUR
gFASORAILE AIMNW MD EXPERYWD111E4 FEES AND COSTS VVINVIFD N EIROAOLG 1I9
AGREENENf THROUGH APPEAL EX(EPy AS PAOVDEP IN PARR wx 5, BELOVL USE OF TOUT
PHONE WBUE OPFkOOLG A MOTORVERKLF NAY It PROHIBITED 01 RESFANTEO BY LAW W
SORE ARFAS. R I YOUR AESPONNRENT 10 =01M TO ALL W LAWS 01 REGULATIONS AND
YOU Rd N MFI US FROM ELAAN ARSNG IRON ANY SUM UNIAWFUL QSE.THR PARAGRAPH
on En TERMPIATKA OF DISAGREEMENT.
c. No Warranties. WE MAN NO EXPRESS WAR=1EGUIVIG THE SERVNE OR TIN:
PHONE AND OSOAIM AN DUPES WARRANR, IRMLIDING ANY WARWIR Of MEROUdiORDUIT
OR IIFI ESS FOX A PARTKULAA PDIPOSF.WE DO NOT AUTHORIZE ANYONE 10 WE ANY
WARRANTY ON DIR VIEW AND YOU SHOULD 0 ART ON ART SUOI SINITHENLWE ARE
NOi THE tSANUfA(MA 0f THE PHONE AND ANY Si I ENT REGARDING R No NOT RE
MURFRD AS AWAAlM.111S PAIAGRAPH SHALL SUAAYE TEANWO O THS AGREEHINT.
S. RESOLUTION OF DISPUTES. PLEASE READ IN SECTION CAW=. R AIFEETS
AIGHG =I YOU NAY OD 1M HAVE. R P1opaDES FBI RESOLUTION Of HOST INSPOfES
11MM ARBITRATION INSTEAD OF [WIT TRIALS AND CUSS KW Ag/iAAnoti a CANAL
AND BINDING AID fU1 EQ TTo 00 YEN UNITED REMIEW V A EUDRT. THIS ARBDRARDN
QAISE SHALL SURVIVE N OF INS AGREE"M
o. Binding Arbitration. Ahry? ce r dash ao our of a edalnq to this H eat
or to arty podia or unite presided in coaaoiah wide its Agnomens (wbedwr based u
contras, tart, stews, rasa(, mmepeanrtadan at ally ether k?tl theory) ail be Leaked by
1;"% aebibation except dot (1) TO mry eta thus a tread dew man 16.7 ynfit? br
kaimg by sot; a mutt of R) you or we mq drawn to Perim daism in teri d lit Clam
rtbte mleJ to lit collection of aq dtba Year out to it. Nowem, even for those shims that
may be We to murS u and we hill wain any danle fa punitm damafps and ary right
to pasua Cairn a a doer or repnmwtrK bras.
b. Arbitration Procedures. Toe mug fast prams any daim or dapuu to w bF
mmocdog Cstomer fare to Aw us an 4wrardept to reake the dnputt (ere also pmgnph Lc w? be rThetoWed w?idi. 60 IDe TatNwtrwen d r Your dates or Qupea savant am if tt or daim shall be cuduuad in
ucordhmce with the Amedao Arbitadoa AmoaVa?AAA^y undu the VARks: isdartry
ArNrrabm Ruks rft 1*4 as mledified by this Agaeam.YkWLA Idts and Multimedia
about ukitradsm and four alt mh* upau Mont Win the AAA {all 1-1110.7714" or
on6ue at wwwAr avg. Ton and we agrea that 03 t endenea a sawaaion in
imersaa commuter sad lids addoadn ptmddea wN be bwpRmd and ahead in mardaha
wide del Federal A6itratwa Ad and kderal asMin ire in West and we ago othermite,
wry algradan wA talx phre it it dry wAea our suo* :4. =e teetrJ fa pow am.
Is lowed a it lap Cry he the wa where Yale suk wYdewr b dun to your blfirg
address. An aaWww may at anal rAd in eaten o1 or coo" to what dh Agntemaht
praidu, order mmo6datia a dan ubitradaS or awed perrdre damps or ary other
Cottager slide um it pruft parg5 am al dwmgo, eaapt to die aabuinr awad
an an kidmidud basis firwits aequred by stoma and may arch Iroacsim r de
told pwmmst to mow all ow pmam n same n wry arbmw a Un
hula appfmabk to taWompfu aher, the ARdbaton am dm apply der FalaaF kAa of
Eridace, ad lit dosing patty, mar ban do arced ow iard in aaordau with the mien
procdms set fwth n to YAA lath Aor arbieanon shat be cmdidmtial oral tiddw par na
ee may fusion der a hux% a" or mitt of al ubibatim taupe as asp he rtgoired
y law or for pspow d cakreeitert d da ashioaM avid )dgrome an h"1 asbioadw
maid nap he ntural b my ore baiK paper 04didm If all pamm of the athitntia
tine it determined Ab?? a toast to k hiapp6aHe at tumid, shay dw milder that stil be
Risen isB farm ad V
c. Costs of Arbitration. AD adminnmalne her ad carprom of in arbindon was k
dnided equally between yon and m, c" tat hr damn of km than ;book you will be
o m $4 and wwepauu ie p ad other addtshwif" oats and fees, n IN aiabtons,
no p rty of eWar d e de ahio it an commiti, experts, messes ad preparation and
proulta it es
d. Waiver of Punitive Damage Claims and Class Actiora. By dis aPua K
beak you ad we are rohn amen rift. to Wiam de in meal 0 fu aq ran the
aabieatmm data Is dsmhd mppkd& or k W, you asp we baA naive. to it Alit cant
Ature6 shim o retova twaplarp ?go ary right to patree
aq der by a ? a amoldated his ' a repesawureopaoq
6. MISCELUNEOUS
a. Privacy. % ere not bbk for my huh of pnreq wNd; may be coated wide sigled
to The Suns. You asth rite oar amrmrimR and werri of o1k to is tomcouiog your
aaauat or the Soria aid content to ow we of autwoadt d*q tyarymnst to started per,
Was hart the title to hsampt and dudoa my tawisiom owr out boUts in order to
protect our rag a or property b. Assignment. We may lisp aA err pan of dds
Apemmt wtdau side adgmamt 6ehg tatddered a d
has oge a the the 4 ad without
iotrre to ymtWe are due nkaed aid 1"t You may eat alto dam Ageanms widout
ea pour writn toex
e. Notices. Written roam to you lid be dtain 3 days Ink" dw dace driaosiad in
the Ui Nd adiased to Taw addms as kept h our W or immcdmaly apen 4diesy, wag
an trawk mletm each is riui or slort menagtng ravia.You alt rupaabb for mdiyb g
m of wry ti your addtut Writ tit mda to m slow it dkdive wren deated to our
Onmew Cse beparmwat std naird M tx Thaur mods ow speoFr Tyaarratone mma6u
ad lervia Nooks. Drat notice ArD be d tlkmre on de dace rdm in our Ronk
d, Entire A Moment. That Gomm] Team ad Iodides, taget er with wry ether
daaumne or n" nude a past of date Germ Item ad taddor, m mmw
dw OWn agtameet between you and it% mar o dY be wended as dumbed m lids
AgamtnL Till Agamem supersedes aa ryy hemokon or addidasd Fmw5ts code m per by
waryry d use nghaemtadm aturs of ddw I of pan of elm hwaa rat b bud imefid dt
balms of lit Agrowlat nroaies tafaaahk.
is Govern! Laws. hilt Artastiu is fah(td to app6ahle kderot Ian, kdtal or sera
tasdk, r wry, and lit bra 41 64 sera asoroad wick it Nowl6mWism our Strrice wore
ad randdons are quieted fy a sera agency or Use FC4lit upbsios are avalabk la
Yale M9"M c N Cwt b my nmmblmq kmea do Agtemog wed dust nVia6as, No
Arnow shat he deormd mw*i a maaay to where to coda regahdw
f. Other AT&T Servicec you may bate received special promodat or daaounts on
other strikes skied by AT&T u taleret9, with eke padaae of arsons sties, savior. These
pmrntturu a dlemmhD IGF arnnaa apoo memisadoo d this Agnemeal
R• Callaeity Tao repatmt in Yon are 4* uwoieam m aver in this Agreamnt due
You are over It Tian old, ad dot you are out swan of ally tabiliry dot wads pmtrn
YOU has mtuiag We thb AgnMaL
24 25
AT&T
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AT&T Wireless
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Joseph B. Sobel, Attorney for Defendant
P.O. Box 828
Harrisburg, PA 17108-0828
I.D. No. 17715
(717) 234-2200 (Tel.) (717) 234-2211 (Fax)
CAVALRY SPV I, LLC as assignee of
AT&T Wireless/Cingular,
7 Skyline Drive
Hawthorne, NY 10532
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
NANCY WEIDNER,
167 E. Penn Street
Carlisle, PA 17013-2435
Defendant
No. 07-186 Civil Term
CIVIL ACTION
You are hereby notified to file a written response to the enclosed Answer with
New Matter and Counterclaim of Defendant Connie Bassler to Plaintiffs Second
Amended Complaint, within twenty (20) days from service hereof or a judgment may be
entered against you.
A 111J.4 - z IA:??
seph B. obe
Attorney for Defendant
I.D. No. 17715
P.O. Box 828
Harrisburg, PA 17108-0828
(717) 234-2200
w
Joseph B. Sobel, Attorney for Defendant
P.O. Box 828
Harrisburg, PA 17108-0828
I.D. No. 17715
(717) 234-2200 (Tel.) (717) 234-2211 (Fax)
CAVALRY SPV I, LLC as assignee of
AT&T Wireless/Cingular,
7 Skyline Drive
Hawthorne, NY 10532
Plaintiff
vs.
NANCY WEIDNER,
167 E. Penn Street
Carlisle, PA 17013-2435
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-186 Civil Term
CIVIL ACTION
AND NOW, comes the Defendant, Nancy Weidner, by her attorney, Joseph B.
Sobel, and makes the following answer:
1. After reasonable investigation, the Defendant can neither confirm nor deny
this allegation, and the allegation is accordingly denied and proof demanded.
2. Denied. On the contrary, Plaintiff has provided nothing of value to or on
behalf of Defendant at any time, as reflected in Paragraph 1 of its Complaint. By way of
further answer, no "true and correct copy of plaintiff's books of original entry" or any
other purported evidence of indebtedness to Plaintiff or any assignor were either
attached to Plaintiff's Complaint or disclosed in any other manner by Plaintiff to
4
Defendant. Further, Plaintiff's sole exhibit is neither legible nor applicable to
Defendant.
3. Paragraph 3 has been omitted by Plaintiff from its complaint, so that no
allegation has been made or can be answered.
4. Paragraph 2 is incorporated by reference.
5. Paragraph 2 is incorporated by reference.
6. Paragraph 2 is incorporated by reference.
7. Admitted in part and denied in part. It is admitted that the complaint reflects
a demand for payment. By way of denial, Paragraph 2 is incorporated by reference.
8. After reasonable investigation, the Defendant can neither confirm nor deny
this allegation, and the allegation is accordingly denied and proof demanded.
WHEREFORE, Defendant respectfully requests/demands that this Court enter
judgment in her favor and against Plaintiff, together with costs of this action.
9. Defendant incorporates paragraphs 1 through 8 herein by reference.
10. Defendant has paid in full for any and all goods or services allegedly provided
to her by Plaintiff's purported assignor.
11. If, or to the extent that, any goods or services allegedly provided to Defendant
by Plaintiff's purported assignor are claimed not to have been paid for in full, such
payment was waived by such assignor.
12. Any alleged failure on the part of Plaintiff's purported assignor to receive
payment in full from Defendant was the result of an accord and satisfaction between
such parties.
13. If, or to the extent that, any account arising from the alleged furnishing of
goods or services to Defendant by Plaintiffs purported assignor are claimed not to have
been paid for in full, any such payment deficit arose from Defendant's proper refusal to
pay charges that were illegally imposed under the rubric of "termination charges",
"service charges", "interest" and similar grossly excessive and illegal levies or charges
having no basis in contract, fact or law.
WHEREFORE, Defendant respectfully requests that this Court enter judgment in
her favor and against Plaintiff, together with costs of this action and such other and
further relief as might be deemed appropriate.
Respectfully submitted,
YA&I
Joseph B. Sobel
Attorney for Defendant
I.D. No. 17715
P.O. Box 828
Harrisburg, PA 17108-0828
(717) 234-2200
VERIFICATION
I, NANCY WEIDNER, Defendant in the foregoing action, verify that the
statements made in the foregoing Answer with New Matter are true and correct to
the best of my knowledge, information and belief. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating
to unsworn falsification to authorities.
NAN Y W DN R
Jl
CAVALRY SPV I, LLC as assignee of
AT&T Wireless/Cingular,
7 Skyline Drive
Hawthorne, NY 10532
Plaintiff
VS.
NANCY WEIDNER,
167 E. Penn Street
Carlisle, PA 17013-2435
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 07-186 Civil Term
CIVIL ACTION
I hereby certify that on the 15th day of February, a true and correct copy of the
foregoing Answer with New Matter was served upon Plaintiff, CAVALRY SPV I, LLC as
assignee of AT&T Wireless/Cingular, by mailing same by first class mail, postage
prepaid, to its attorneys of record, at the following address:
FREDERIC I WEINBERG ESQUIRE
PAUL M SCHOFIELD JR ESQUIRE
GORDON & WEINBERG
21 SOUTH 21 ST STREET
PHILADELPHIA PA 19103
) t ? 6 7. / Nr'?
Joseph B. Sobel
Attorney for Defendant
I.D. No. 17715
P.O. Box 828
Harrisburg, PA 17108-0828
(717) 234-2200
r-.l
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2030117
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
PAUL M. SCHOFIELD, JR., ESQUIRE
Identification No.: 81894
21 SOUTH 21ST STREET
PHILADELPHIA, PA 19103
215/988-9600
Cavalry SPV I, LLC as assignee
of AT&T Wireless/Cingular
VS.
Nancy Weidner
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 07-186
PLAINTIFF'S REPLY TO NEW MATTER
10-13. Denied. After reasonable investigation plaintiff
is without knowledge or information sufficient to form a belief
as to the truth of these averments. Therefore, they are denied
and strict proof thereof is demanded at the time of trial.
WHEREFORE, Plaintiff demands damages against the defendant
as set forth in plaintiff's Complaint.
GORDON & WEINBERG, P.C.
BY:
FREDERI I. W NBERG, ESQUIRE
PAUL M. SCH ELD, JR.,ESQUIRE
Attorney or Plaintiff
P014
VERIFICATION
FREDERIC I. WEINBERG, ESQUIRE, hereby states that he is the
attorney for the plaintiff in this action and verifies that the
statements made in the foregoing pleadings are true and correct
to the best of his knowledge, information and belief.
The undersigned understands that the statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
FREDERIC I. 14EINBEAG, ESQUIRE
CERTIFICATION OF SERVICE
I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on
the date below, served a copy of Plaintiff's Reply to New Matter,
via First Class Mail, postage pre-paid, to all other parties or
their counsel of record.
FREDERIC I. WEINBERG, ESQUIRE
Dated:
? O
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SHERIFF'S RETURN - REGULAR
CASE NO: 2007-00186 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CAVALRY SPV I LLC
VS
WEIDNER NANCY
MICHAEL BARRICK
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
WEIDNER NANCY
the
DEFENDANT , at 2059:00 HOURS, on the 17th day of January-, 2007
at 167 E PENN STREET
CARLISLE, PA 17013-2435 by handing to
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 4.40
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
32.407 01/18/2007
GORDON & WEINBERG -- 1
I??Q
Sworn and Subscibed to By:
before me this day Deputy Sh -
of , A. D.
OoVajq sPv I,L1.C,.efat
US .
Nancy UJbdher
2-030ll7
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. - 20
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
counsel for the plaintiff/ fendant in the above
action (or actions), respectful repres nts that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is $ I_ Rj2A I
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s,)?as coup I or are otherwise disqualified to sit
as arbitrators: Fr -cde c W" n ' ?), E's ?j
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
ORDER OF COURT
AND NOW,
petition,
Esq., and
captioned action (or actions) as prayed for.
,200 , in consideration of the foregoing
Esq., and
Esq., are appointed arbitrators in the above
By the Court,
EDGAR B. BAYLEY
C
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Oova[q sPv i,LCC,dat
US .
Nancy Wfdner
z`=30/17
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. _ 20
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the
Following form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
counsel for the plaintiff/ fendant in the above
action (or actions), respectful) repres is that
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is s _156a- qj
The counterclaim of the defendant in the action is
The following attorneys are interested in the case(s) assccoun 1
F
s or are otherwise disqualified to sit
_den C j /I a`"' J , S ?f
as arbitrators: W"
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to
whom the case shall be submitted.
Respectfully submitted,
OER OF COURT
AND NOW, o2 , 200, in consideration of the foregoing
petition, 4"t9"" Esq., and Esq., are appointed arbitrators in the above
captioned action (or actions) as prayed for.
By Court,
B. ?LLEVY CA k'
V V
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rte.
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GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
JOEL M. FLINK, ESQUIRE
Identification No.: 412001-
1001 E. Hector Street, Ste 2.20,:
Conshohocken, PA 19428
484/351-0500
CALVERY SPV I, LLC as assignee,'.,' ,COURT OF COMMON PLEAS
of AT&T Wireless/Cingular CUMBERLAND COUNTY
NANCY WEIDNER
Vs. DOCKET NO. : 07-186-CIVIL TERM
MOTION FOR CONTINUANCE
Plaintiff, by and through its below signed attorney's does hereby move for a continuance of
the arbitration hearing in the above refereric-d matter for the following reason:
., r
1. Counsel is attached for trial on Monday, May 11, 2009 in the Court of Common Pleas
of Lehigh County in the matter of Unifund CCR,.Par.1ners" v. Joann K Schleder, 2008-C-1332 as
C`well as a trial in the matter of 3 Linx v. Otis &,Claud? Inc:, 2008-C-1642.
WHEREFORE, for the reason set out above Plaintiff requests this Honorable Court to
continue the arbitration hearing in the above referdneed matter.
GORDON & WEINBERG, P.C.
I t', Dated: ?- 3 o `01
By:
Mat,,
FLINK, ESQUIRE
VERIFICATION
Understanding that false statements herein made subject to the penalties of 18
Pa.C.S. Section 4904, relating to unsworn falsification to authorities, I verify that I am an
authorized representative of plaintiff, and that the facts set forth above are true and
correct to the best of my knowledge, information and belief.
".4 1 .- ?7
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE"
Identification No.: 413603`
JOEL M. FLINK, ESQUIRE
Identification No.: 41200
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
CALVERY SPV I, LLC as assignee COURT OF COMMON PLEAS
of AT&T Wireless/Cingular CUMBERLAND COUNTY
Vs. DOCKET NO. : 07-186-CIVIL TERM
NANCY WEIDNER
CERTIF al ftF f SERVICE
Pursuant to penalties of 18 Pa. C.S.A. Section 4904, the undersigned verifies that the
Plaintiff's Motion for Continuance was served u0bri the below designated, this date, in the
manner noted:
by first class mail.
Dated: q .50 . (3 1c?
Joseph B. Sobel; Esquire
212 N. Third ,St. Ste: 202
Harrisburg, PA 17101-1505
By;_
OEL M. FLINK, ESQUIRE
E l
RLEG-aC)FRCE
OF THE F"7P ?',,,, ',APY
2009 MAY -4 PH 2= 28
CAVALRY SPV I, LLC, as IN THE COURT OF COMMON PLEAS OF
Assignee of AT&T Wireless/ CUMBERLAND COUNTY, PENNSYLVANIA
Cingular,
PLAINTIFF
V.
NANCY WEIDNER,
DEFENDANT 07-186 CIVIL TERM
ORDER OF COURT
AND NOW, this 7d day of July, 2009, the appointment of a Board
of Arbitrators in the above-captioned case, IS VACATED. Marlin R. McCaleb, Esquire,
Chairman, shall be paid the sum of $50.00.
'-' Marlin R. McCaleb, Esquire
Court Administrator
:sal
0 o?y mat?.
I?
?/3p?ort
By the dourt,
Edgar B.
J.
t-C
FILED-4)i "--
OF THE M `ti'P""',11,10TAPY
2009 JUL 30 PC's 12: 20"
(David D. Bueff
Prothonotary
KirkS. Sohonage, ESQ
Soricitor
r Ci,
Renee X. Simpson
?? ls` Deputy Prothonotary
off,
Irene E. Morrow
-r
2nd Deputy Prothonotag
Office of the Trothonotary
Cumber(and County, Pennsylvania
D IO M& CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 30TH DAY OF OCTOBER, 2012, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R.C.P. 230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 • CarCisCe, PA 17013 0 (717 240-6195 • Fax (717 240-6573