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HomeMy WebLinkAbout00-05304 _ w "' '- . VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST SELECT CORPORATION Plaintiff VS. LYNFORD K DONIVAN Defendant NO. 00 - ~3(j'1 Cul-r~ NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. o~ , ~c VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:4168100009012574 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS LYNFORD K DONIVAN 116 W HILLCREST DR CARLISLE, PA 17013-1215 DEFENDANT NO . HJ - 530'1' {!U,.;;; r-U.A--- CIVIL ~CTION 1. The Plaintiff, First Select, Inc. is a Delaware corporation organized and existing under the laws of the State of Delaware with its principal place of business at 4460 Rosewood Drive, Pleasanton, CA 94588. Plaintiff is the owner of this account, which is the subject matter of this action. 2. The Defendant, LYNFORD K DONIVAN, is an individual who resides at 116 W HILLCREST DR, CARLISLE, PA 17013-1215. 3. The Defendant is indebted to Plaintiff on the credit account by virtue of charges or cash advances incurred by the Defendant or authorized by the Defendant on a credit card or line of credit, bearing account number 4168100009012574. .."-' ',-. 4. The terms of said account are stated in the documentation attached hereto as Exhibit "All. 5. The Defendant has failed to pay the amount owed in accordance with the Account Agreement and has failed to pay the outstanding debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $6,834.20 as of 07/06/2000, plus pre-judgment contractual interest at the rate of 22.99% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $1,366.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $6,834:20, plus pre-judgment interest at the contractual rate of 22.99% per annum from 07/06/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,366.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT II 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. 12. It would be inequitable for this Court to allow the Defendant to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands that Judgment be rendered in favor of the Plaintiff, First Select, Inc. and against the Defendant in the amount of $6,834.20, plus pre-judgment interest at the contractual rate of 22.99% per annum from 07/06/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,366.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. BY: nL E ROSENBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. . .~ ..." ., "',L', ,,'. ~ '0'"-- .,-,_ _h"~", ;"_'';;''''''~" ,_, __ ;,:,,~-.,,~-,c:',,;,- ""';: , ',. VERIFICATION I, , declare that as of March 1, 2000: I am a designated agent of FIRST SELECT CORPORATION, the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, in the State of California. ~~ / Designated Agent ....b ~,';, ACCOUNT AGREEMENT Your ASSOCIATES account has been transferred to First Select Corporation. Your ASSOCIATES account was closed at the time of this transfer and will therefore continue to be closed This Account Agreement contains the tenns that govern your First Select account (the" Account"). In this Agreem'ent, "you" and "your" mean each person who is liable for payment ?n the Account. "We," "our," "ou:s," and "us" mean First Select Corporation or its assignees. Because your Account has been transferred to us, you are now obhgated to repay the Account to us mstead of ASSOCIATES. If the Account was opened as a joint account, we may act on the instructions of any joint accountholder. Payments I Finance Charges. As long as you have a balance outstanding on your Account, fmance charges are calculated as follows: To figure the finance charges for each billing cycle, we multiply the average daily balance on your Account by a daily periodic rate. The daily periodic rate we apply is your Account's Annum Percentage Rate divided by 365. The Annual Percentage Rate will be calculated as disclosed in your most recent ASSOCIATES account terms (the "Original Terms"). If your Original Terms provided for different Annual Percentage Rates to be applied to different components of your outstanding balance, we will apply the lowest such Annual Percentage Rate to your entire outstanding balance. We may accept late or partial payments, or payments marked "paid in full" or marked with other restrictions, without losing our right to collect all amounts owing under this Agreement. You may ask First Select Corporation to pay this account by debiting your checking or savings account. First Select Corporation will first verifY your identity and eligibility for this service. You may revoke your authorization by writing to First Select Corporation Customer Semce. Fees. We will charge your Account a fee for each billing cycle within which your Account is delinquent (late charge). The amount of the late charge will be as disclosed in your Original Terms or the maximum late charge permitted by the law of your state of residence, whichever is lower. We will charge your Account a fee for each returned payment check (returned check charge). The amount of the returned check charge will be as disclosed in your Original Terms, or the maximum returned check charge pennitted by the law of your state of residence, whichever is lower. To the extent provided in your Original Terms, and to the extent permitted by applicable law, in addition to your obligation to pay the outstanding balance on your Account, plus interest and fees as disclosed herein, we may also charge you for any collection costs we incur, including but not limited to reasonable attorneys' fees and court costs. If your Original Terms provided for an award of attorneys' fees and court costs, such provision as incorporated herein shall apply reciprocally to the prevailing party in any lawsuit arising out of this Agreement. Non-Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or anyllther provision later. Applicable Law; Severability; Assignment. No matter where you live, this Agreement and your Account are governed by federal law and by the law of the state designated as the applicable law in your Original Terms. If your Original terms did not contain an applicable law provision, then this Agreement and your Account are governed by federal law and the law of your state of resi~ce. This Agreement is a final expression of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement. If any provision of this Agreement is held to be invalid or unenforceable, you and we will consider that provision modified to conform to applicable law. and the rest of the- provisions in the Agreement will still be enforceable. We may transfer or assign our right to all or some of your payments. If state law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a financing statement with the state's Secretary of State. Credit Reporting; Personal Infonnation. If you fail to fulfill the terms of)!:.oar credit obligation, a negative credit report reflecting on your credit record may be submitted to a credit reporting agency. In order to dispute any information we are reporting about your Account, you must write to us at the following address: First Select Corporation, P.O. Box 9104, Pleasanton, California, 94566. We: m.:ry share inj'OTmation ",ith OJIT aJJiliates melJlJing. ",it"oJH limitation. Prfnidian NaRonalBanA: andPrfJvidian BanA:. H".",e:ver.;yoJl may."",iteto"s at any time instl'Jlcting lIS nottfJslrare creJitin!rnmaRon ",it" OrlT affiliates. YOUR BILLING RIGHTS - KEEP TillS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill If you think your bill is wrong, or if you need more infonnation about an entry on your bill, write us, on a separate sheet, at the following address: First Select Corporation, P.O. Box 9104, Pleasanton, CA 94566. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the frrst bill on which the error or problem appeared You can telephone us, but doing so will not preserve your rights. In your letter, give us the following: . Your name and Account number. . The dollar amount of the suspected error. . Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we carmot try to collect or report you as delinquent as to any amount you question, including fmance charges. We can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of the bill that are not in question. . . 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. Ifwe did not 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 ~ou a statemen~ of the amount you owe and the date that it is due. If you fail to pay the amount we think. you owe, we may report you as delmquent However, if 0?T exp1ana?on does not satisfY you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you question your bill. And we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it fmally is. If we do not follow these rules, we cannot collect the fIrst $50 of the questioned amount even if YOU! bill was correct. Special Rule for Credit Card Purchases If you have a problem with the quality of goods and services that you purchased with your ASSOCIAT~S credit card and yo~ ~av~ tried in ~oo.d faith to correct the problem with the merchant you may not have to pay the remaining amount due on the goods or services. There are two hmltatlOns to thiS nght: (a) you must have made the purchase in yo~r home state or, if not within your home state, within 100 miles of your current mailing ad?ress; and (b) the purchase l?rice must have been more than $50. These limitations do not apply if either we or ASSOCIATES O'WD or operate the merchant, or If we or ASSOCIATES mailed you the advertisement for the property or services. ~lWl\'illlN$li-' ~.M.aM5t""I~h.,,€~~'*,,,~g>j~1!lfi~~~m~11!Mjn"1IJ;J::~"'-x'<<=1WIiMiJiit. _.,_,""';.d ~ "-' 'sA - - _IBWllliii,l:!.lI:-:i!!ll..lil;lf ' "~.. ~"-""--I ~ (:) .r --Go i ..l~ & 0 C) ~. C' 0 ~~; ~I Yl <~ . ;:P IT: (~ ~ lrT; ...0 ~ 0 d Z:-:r:j i- ts .S_~~ r...) -C () -;:~.. c:;. ....{8 1-; -.,) j' I r= r~~ <~' ~r) tJ '-l::.: ~~3 -,,-" F~ - ~ ~_. ~~) [~~) ! -,.; 2: _-oj :< :::> j> ::n r::;, -< J~ f ~~ ~ ro_~ 4- ~~ ~ 1~i f ~ \ . _,r ~~ - "I.. ",-- ~ --~." SHERIFF'S RETURN - NOT FOUND CASE NO: 2000-05304 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS DONIVAN LYNFORD K R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT DONIVAN LYNFORD K but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , DONI VAN LYNFORD K DEFENDANT NO LONGER RESIDES AT ADDRESS STATED, LEFT NO FORWARDING WITH THE POST OFFICE. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 3.10 5.00 10.00 .00 36.10 ~ R. Thomas ](;'~ne Sheriff of Cumberland County PARK LAW ASSOCIATES 08/04/2000 Sworn and subscribed to before me this I'fft:: day of On r,r /L.iYb1J A . D . Q~.~ a.~ # Pr t onotary , , ,. =-r.;-20.i"> VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215 348-5200 ATTORNEY FOR PLAINTIFF FIRST SELECT CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff VS. LYNFORD K. DONIVAN Defendant NO. 00-5304 ~ ORDER g/ day of O~ consideration of the Plaintiff's Petition and upon Motion of Valerie Rosenbluth Park, Esquire, it is ORDERED and DECREED that the Defendant may be served in accordance with Pennsylvania Rules of Civil Procedure, by mailing a true and correct copy of the Complaint to the Defendant at the Defendant's last known address by both certified mail, return receipt requested, and by first class mail, postage paid. A Verification of Service shall be filed by Plaintiff's attorney showing service of the Complaint as set forth herein. AND NOW, this ,2000, upon :Y ~ 00 (\ ~ ,~\' l- \D ~ L~ , i r!JN.ll., _~~'l!J'~ ,..".,~!.",...........~-." ,l'IIIJ!IIlIII~ ." ~, ~ ~'.-' ,~ .. rl' _. ~ ~~ FiLED-OffICE "c'.' ,r "cr"I''''lr)T^'R'' ur l~'-';r. i -, ;:,_:",'-':'.J\'-~,- t\ ,1 00 OCI 3 \ A\!I to: 36 CUMBEHLANO COUN1Y PENNSYLVANIA l:r#ifilli!J~ .' ~~1~~\" ,"~, ~~~ ~ , _ ~J;!!&,;,~l'Ji'~';r~~, , ~,-,--"Il'M 1" VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215 348-5200 ATTORNEY FOR PLAINTIFF FIRST SELECT CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff VS. LYNFORD K. DONIVAN Defendant NO. 00-5304 PETITION FOR SERVICE OF PROCESS IN ACCORDANCE WITH PA RULES OF CIVIL PROCEDURE TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The Petition of the Plaintiff by its attorneys, PARK LAW ASSOCIATES, P.C., respectfully represents that: 1. The Complaint was filed on 07/28/00. 2. return of the hereof The Sheriff of CUMBERLAND of service of the Complaint on sheriff's return of service is and marked Exhibit "P-1". County made a "Not Found" 08/04/00. A true and correct attached hereto, made a part 3 . The last known address of the Defendant is 116 W. HILLCREST DRIVE, CARLISLE, PA 17013-1215. 4 . Sheriff's described indicated Subsequent to the Plaintiff's attorneys' receipt of the "Not Found" return, Plaintiff's attorney made the efforts to locate the whereabouts of the Defendant as in the attached Affidavit of Investigation.' . 5. Despite Plaintiff's attorneys' inquiries, the Plaintiff has been unable to locate the Defendant. ~ - , ~~ ~-, -- ~- '. ~~; 6. The Plaintiff believes the Defendant is either obstructing or concealing the Defendant's whereabouts. WEEREFORE, Plaintiff prays the Court enter an Order allowing the Plaintiff to serve the Defendant in the. same manner as set forth in Pennsylvania Rule of Civil Procedure No. 403 and service shall be attempted by both Certified Mail, Return Receipt Requested, and by First Class Mail, Postage Paid. Plaintiff's attorney shall file an affidavit of service showing service of the Complaint as set forth herein. BY: VALERIE ROSENBLUTH PARK, ESQUIRE ATTORNEY FOR PLAINTIFF ~"""'" 00" - , -,. ~-.f; COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS Valerie Rosenbluth Park, Esquire, being duly sworn according to law deposes and says that she is the attorney for the Plaintiff in the foregoing matter; that she is authorized to take this affidavit on its behalf; and that the facts contained in the foregoing petition are true and correct to the best of her knowledge, information and belief. Valerie Rosenbluth Park, Esquire further understands that false statements made herein are subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification to authorities. -,/. VALERIE ROSENBLUTH PARK, ESQUIRE "- , ~~ <~- -'..CJ SHERIFF'S'RETURN - NOT FOUND CASE NO: 2000,~OS3t _ P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS DONIVAN LYNFORD K R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says; that he made a diligent search and inquiry for the within named defendant, DEFENDANT DONI VAN LYNFORD K but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , DONIVAN LYNFORD K DEFENDANT NO LONGER RESIDES AT ADDRESS STATED, LEFT NO FORWARDING WITH THE POST OFFICE. Sheriff's Costs: Docketing Service Not Found Return Surcharge 18.00 3.10 5.00 10.00 .00 36.10 ~ So an s: . R." Thomas K' ine . Sheriff of cumberland County PARK LAW ASSOCIATES 08/04/2000 Sworn and sUbscribed to before me this day of A.D. 1l Prothonotary n , ,. . . p;r . "'-,,0,. ~~ 'h VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215 348-5200 ATTORNEY FOR PLAINTIFF FIRST SELECT CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff VS. LYNFORD K. DONIVAN Defendant NO. 00-5304 CERTIFICATION OF INVESTIGATION Valerie Rosenbluth Park, Esquire, being duly sworn according to law deposes and says that as counsel for the Plaintiff, made the following efforts to locate the within named Defendant. a) A check of the local telephone directory shows that LYNFORD K. DONIVAN has a telephone number listing at the address of 116 W. HILLCREST DRIVE, CARLISLE, PA 17013-1215. b) A letter addressed to the Defendant with the notation typed thereon, "Address Correction Requested, Do Not Forward" was not returned by the Post Office. c) A letter addressed to the Office of Voter's Registration shows LYNFORD K. DONIVAN is a registered voter with an address of 116 W. HILLCREST DRIVE, CARLISLE, PA 17013. The Office's response is attached hereto, made a part hereof and marked as Exhibit "A". d) A letter addressed to the Office of the Board of Assesment shows LYNFORD K. DONIVAN is the owner of the property at 116 W. HILLCREST DRIVE, CARLISLE, PA 17013. The Office's response is attached hereto, made a part hereof and marked as Exhibit "B". e) A letter addressed to the Postmaster shows that mail addressed to LYNFORD K. DONIVAN at 116W. HILLCREST DRIVE, CARLISLE, PA 17013 is delivered. The Postmaster's response is attached hereto, made a part hereof and marked as Exhibit "C". Valerie Rosenbluth Park, Esquire further understands that false statements made herein are subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification to authorities. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE ATTORNEY FOR PLAINTIFF ,),1'- ~ ~- >. ^ PARK LAW ASSOCIATES A PROFESSIONAL CORPORATION 25 EAST STATE STREET, SUITE 101 P.O. BOX 1779 DOYLESTOWN. PENNSYLVANIA 18901 VALERIE ROSENBLum PARK' ROBERT E. ANGST* TELEPHONE (215) 348-5200 FACSlMILE (215) 348-4015 .ALSOMEMBERN1BAR +ALSO MEMBER FL BAR September 19, 2000 Voters Registration Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 RE: LYNFORD K DONIVAN 116 W HILLCREST DR CARLISLE, PA 17013-1215 OUR FILE NO: 16142-1 Dear Sir/Madam: I would appreciate your checking the Voters Registration in order to determine whether the above-referenced person is registered to vote in Cumberland County, I would also appreciate your advising me of the address for which he/she is registered to vote. For your convenience, kindly note the bottom of this letter and return the same in the enclosed self-addressed stamped envelope. Very truly yours, PARK LAW ASSOCIATES, P.C. Enclosure mc9;t'l1C) dddre.55: I1I'f l'eserrJoi/ ()r C.:YI'51~ IJ:I !7{)13 Name of Person: LYNFORD K DONIVAN Current Address: I Ie. LD. I-h /Ic,cs+ f. &li61e f,4 r1D/3 Date of Registration: "1-11- 75 Date of Birth: -I - SL/ Previous Registration Address: .:5eec ~~9J :/~ ~.tLa;;) ~ Cen,{"Ce- fo~/C, d 9-.;( 6- ()CJ LA WASSOCIATES A PROFESSIONAL CORPORATION 25 EAST STATE STREET. SUITE 101 P.O. BOX 1779 DOYLESTOWN, PENNSYLVANIA 18901 ROBERTE. ANGSl' . ALSQ MEMBER NJ BAR +AL!iO,MEMBllR FL BAR TELEPHONE (215)348-5200 FACSIMILE (215)348-4015 August 16, 2000 Office of the Tax Assessor of Cumberland County Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 RE: LYNFORD K DONIV AN Dear Sir/Madam: I would appreciate your providing me with the identity of the owner of the real estate listed at the following address: 116 W HILLCREST DR CARLISLE, PA 17013-1215 Please note the name and address of the owner below and return this letter to me in the enclosed self- addressed stamped envelope. Thank you for your cooperation. Very truly yours, PARK LAW ASSOCIATES, P.C. ~A~@'fr1 Tere aM. Schu - rrk. ~"",~..,,,,.., ' ""'''- f~ ." ,. .... " Enclosure Property Address: 116 W IDLLCREST DR,CARLISLE, PA 17013-1215, \ Name of Owner: . j Address of Owner: ~ < ",,^ - .":::'-ee . f --- Deed Book and Page No.: ~,~ ~ - REL426D Cntl Number Map Number Old Ref Grantor Grantee(1) (2) l~ddress 29 3138 0 29-17-1585-205 CUMBERLAND COUNTY Public Inquiry LL DONIVAN, LYNFORD K. 116 W. HILLCREST DRIVE CARLISLE PA 17013 SITUS: Desc. (1) 0116 R W HILLCREST DRIVE (2) Property Desc. (1) (2) BLDG. B PB 61 PG 130 (3) HOUSE Preferred Land Val Land Val Total Value Improvement Val 1420 1420 Mineral Val F12=Cancel FI0=Sales F5=Taxes o .. ""'~ Acreage NORTH MIDDLETON TOWNSHIP CARLISLE AREA S.D. Land Use Code Consideration Sale Date Deed Bk/Pg Taxable/Exmpt Clean&Green? Sqft Bldg Area Gross Area Dimensions Year Built Initial Struct Mobile Home Code Mobile Home Park Mobile Home Mfg. Mobile Home Year Mobile Home Unit R 2 P025U 933 TAXABLE 312 , . , , ,,';-' h. "' , ','.',. ,(,', '8. P ARK LAW ASSOCIATES A PROFESSIONAL CORPORATION 25 EAST STATE STREET, SUITE 101 P.O. BOX 1779 DOYLESTOWN. PENNSYLVANIA 18901 V ALERJE ROSENBLUTH PARK' ROBERT E. ANGST' TELEPHONE (215) 348.5200 FACSIMILE (215)348-4015 . ALSO MEMBER NJ BAR +AlSO MEMBER FL BAR Postmaster United States Post Office CARLISLE, PA 17013-1215 August 16, 2000 AU6 2 8 2000 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (if a boxholder) for the following: Our file #: 16142 NAME: ADDRESS: LYNFORD KDOI'UVAN 116 W IDLLCREST DR CARLISLE, PA 17013-1215 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(I) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester: Attorney 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney): 3. The names of all known parties to the litigation: FIRST SELECT CORPORATION VS. LYNFORD K DONNAN 4. The Court in whioh the case ks bee~ or will be heord: CUMBERLAND COURT OF COMMON PLEAS 5. The docket or other identifying nun1ber ifone has been issued: 00-5304 6. The capacity in which this individual is to be served: Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFO~A TION FOR ANY PURPOSE OTHER THAN TIlE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITlGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRJSONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS. (TITLE 18 u.s.c. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for se e legal P!oceiJin,c;rnection with actual or prospective litigation. r-r(1A 25 East State Street al ne Rosenbluth Park, Esquire Doylestown, P A 18901 i'OSTMARK: AT COUNTY IS TIDS ADDRESS IN? C63 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ,~-.- Ki, . ,. ,.. ,I VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA FIRST SELECT CORPORATION Plaintiff VS. LYNFORD K DONIVAN Defendant NO. 00-5304 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTRY: PleaSe reinstate the enclosed Civil Action. Respectfully submitted: PARK LAW ASSOCIATES, P.C. BY: VALERIE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. '-' ~"' -.,-~'.' - -' VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HERESY CERTIFY THAT THE WITHIN IS AiUE AND CORRECT COpy OF ~ HE ORIGINAL ON FILE . A~R EY FOR PLAINTIFF/DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST SELECT CORPORATION Plaintiff VS. LYNFORD K DONIVAN Defendant No.00-&oD4 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for other claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Ii> COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ..-'!",~ .. - ~--,;..~". VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:4168100009012574 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS LYNFORD K DONIVAN 116 W HILLCREST DR CARLISLE, PA 17013-1215 DEFENDANT NO. CIVIL ~CTION 1. The Plaintiff, First Select, Inc. is a Delaware corporation organized and existing under the laws of the State of Delaware with its principal place of business.at 4460 Rosewood Drive, Pleasanton, CA 94588. Plaintiff is the owner of this account, which is the subject matter of this action. 2. The Defendant, LYNFORD K DONIVAN, is an individual who resides at 116 W HILLCREST DR, CARLISLE, PA 17013-1215. 3. The Defendant is indebted to Plaintiff on the credit account by virtue of charges or cash advances incurred by the Defendant or authorized by the Defendant on a credit card or line of credit, ~earing account number 4168100009012574. " " ~i' .. , 4. The terms of said account are stated in the documentation attached hereto as Exhibit nAil. 5. The Defendant has failed to pay the amount owed in accordance with the Account Agreement and has failed to pay the outstanding debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $6,834.20 as of 07/06/2000, plus pre-judgment contractual interest at the rate of 22.99% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $1,366.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $6,834.20, plus pre-judgment interest at the contractual rate of 22.99% per annum from 07/06/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,366.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT II ~ 8. plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. " 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. -"..--- ~ - " - . "'~, n [l.~*,j,c' , . , 12. It would be inequitable for this Court to allow the Defendant to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the plaintiff the value of same. WHEREFORE, Plaintiff demands that Judgment be rendered in favor of the Plaintiff, First Select, Inc. and against the Defendant in the amount of $6,834.20, plus pre-judgment interest at the contractual rate of 22.99% per annum from 07/06/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,366.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. i:> l~-i -. c . - VERIFICATION I, , declare tha~ as of March 1, 2000: I am a designated agent of FIRST SELECT CORPORATION, the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I under~tand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, in the State of California. ~ ~/ /~ Designated Agent ~..~ Ii> ^' - 't"'i:~",~1 . , EXHI81T i II z4 ACCOUNT AGREEMENT Your ASSOCIATES account has been transferred to First Select Corporation. Your ASSOCIATES account was closed at the time of this transfer and will therefore continue to be closed. This Account Agreement contains the tenns that govern your First Select account (the" Account"). In this Agreem'ent, "you" and "your" mean each person who is liable for payment?n the Account. "We," "our," "ours," and "us" mean First Select Corporation or its assignees. Because your Account has been transferred to us, you are now obhgated to repay the Account to us instead of ASSOCIATES. If the Account was opened as a joint account, we may act on the instructions of any joint accountholder. Payments I Finance Charges. As long as you have a balance outstanding on your Account, fInance charges are calculated as follows: To figure the finance charges for each billing cycle, we multiply the average daily balance on your Account by a daily periodic rate. The daily periodic rate we apply is your Act:ount's Annual Percentage Rate divided by 365. The Annual Percentage- Rate will be calculated as disclosed in your most recent ASSOCIATES account tenus (the "Original Terms"). If your Original Terms provided for different Annual Percentage Rates to be applied to different components of your outstanding balance, we will apply the lowest such Annual Percentage Rate to your entire outstanding balance. We may accept late or partial payments, or payments marked "paid in full" or marked with other restrictions, without losing our right to collect all amounts owing under this Agreement You may ask. First Select Corporation to pay this account by debiting your checking or savings account. First Select Corporation will fust verifY your identity and eligibility for this service. You may revoke your authorization by writing to First Select Corporation Customer Service. Fees. We will charge your Account a fee for each biIling cycle within which your Account is delinquent (late charge). The amount of the late charge will be as disclosed in your Original Tenns orthe maximum late charge permitted by the law of your state of residence, whichever is lower. We will charge your Account a fee for each returned payment check (returned check charge).' The amount of the returned check charge will be as disclosed in your Original Terms, or the ma.'Cimum returned check charge pmnitted by the law of your state of residence, whichever is lower. To the extent provided in your Original Terms, and to the extent pennitted by applicable law, in addition to your obligation to pay the outstanding balance on your Account, plus interest and fees as disclosed herein, we may also charge you for any collection costs we incur, including but not limited to reasonable attorneys' fees and court costs. If your DriginDJ. Terms provided far an award of attorneys' fees and court costs, such provision as incorporated herein shall apply reciprocally to the prevailing party in any lawsuit arising out of this Agreemenl Non-'Vaiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any1>ther provision later. Applicable Law; Severability; Assigmnent. No matter where you live, this Agreement and your Account are governed by federal law and by the law of the state designated as the applicable law in your Original Terms. If your Original terms did not contain an applicable law provision, then this Agreement and your Account are governed by federal law and the law of your state of residence. This Agreement is a final expression of the agreement between you and us and may not be contr.adicted by evidence of any alleged oral agreement. If any provision of this Agreement is held to be invalid or unenforceable, you and we will consider that provision modified to confonn to applicable law, and the rest of the provisions in the Agreement will still be enforceable. We may transfer or assign our right to all or some of your payments. If state law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a financing statement with the state's Secretary of State. Credit Reporting; Personal InfonnatiolL If you fail to fulfill the tenns of your credit obligation, a negative credit report reflecting on your credit record may be submitted to a credit repOrting agency. In order to dispute any infonnation we are reporting about:your Account, you must write to us at the foIlowin~ address: First Select Corporation, P.O. Box 9104, Pleasanton, California, 94566. We may sharI! i"'urmanon ..,itlr our affiliates in clJlding. ..,uhfnlt limitat.on, ProviJian NmonalBank anJProviJian BanA. Hawe"e:r,yoJl may 1'11'iteta JlS at any time inwJlding lIS n lit to snare aerlitinformatiolf with OUT ajJiliates. YOUR BILLING RIGHTS - KEEP TIDS NOTICE FOR FUTURE USE 1bis notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. NotitY Us in Case of Errors or Questions About Your Bill If you !lliPk your bill is wrong, or if you need more info~tion about an entry on your bill, write us, on a separate sheet, at the following address: First Select . CorporatiOn, p.o.13ox 9104, Pleasanton, CA 94566. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following: ._ Your name and Account number. . The dollar amount of the suspected error. . Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you ate not sure about. Your Rights and Our Responsibilities After We Receive Your 'Vritten Notice We must acknowledge your letter within 30 days. unless we have corrected the error by then. Wi~ 90 days, we must either correct th~ erx:~r or e~lain why we believe the bill was correct. After we receive your letter, we cannot try to collect or report you as delinquent as to any amount you question, Including finance. charges. We can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigating, but you are stIll Obligated to pay the parts of the bill that are not in question. . . Ifw~fmd that we made a mistake on your bill. you will not have to p~y any finance charge relate~ to any questioned .amount. Ifwe ~id not make a mistake, you may have to pay fmance charges" and you will have to IlUlke up the rmssed payments on the questioned amount. In elther.case, we WIll send ~ou a. statemen~ of the ainount you owe and the date that it is due. If you fail to pay the amount we think you owe, we may report you as delInquent However, if o?f explnn~lon does not satisfY you and you write to us within 10 days telling tIS that you still refuse to pay, we must tell anyone we report you to tha.t you questton y~ur btll. . And we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when It finally IS. Ifwe do not follow these rules, we cannot collect the fJrst $50 of the questioned amollnt even if your bill was correct Special Rule for Credit Card Purchases If you have a problem with the quality of goods and services that YOll purclittsed with your ASSOCIAT~S credit card and yo,:! ~av~ tried in ~oo.d faith to correct the problem with the merchant, you may not have to pay the remniningamount due on the goads or servIces. Th-a:: are two lumtatIOllS to thtsnght: (:!) YOll must have made the purchase in YOllr home st:lh: or, if not within your home state, within 100 miles of your current mallmg :ld~:ess; and (b) the purchase ~nce must have been mar.: than :550. Thes.:limitntions do not apply iftlither wo: or ASSOCIATES own or operate tho: merch:mt, or tt we or ASSOCIATES mailed YOll the adverris,~ment for the property or services. ~oJi~>\i@:j\"I"jl,g1~fui;illo,!oliu~'l'-"'..a~,.;, JW.w:,g1\lm1l:.h~;k%'it"~i;;l<!M,",W~iif.~~",'$lI'.'@~~u-~c~ ,- _c, ~~"~ ~ '"~"~ "= ,,, ~,~ .~ .-" . -J::.'..rff'lIii!!'Iili!l~mr '. ..~ =~ "'~i, .~ ~iIIUuilimlft'" , 0 Cl C) C c> .'11 :s: ~ ::.1 utJ.1 C;) . ::::0 mET! ~,.:: 'r~ Z..d .---;, n -7C. -.~: ~? {Jj.r::: "'- -<,,:'.- ~~:~ r;:o ::::~ ;!> (;. :J.: i::~() z) 'm ..-0 6 0 )>c:: ~'-1 Z -> =< :.:> ~ (1' ~~ :,"", " , VALERIE ROSENBLUTH PARK, ESQUIRE PARK LAW ASSOCIATES, P. C. . .- ATTORNEY I.D. #72094 25 E. State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY FIRST SELECT CORPORATION Plaintiff VS. LYNFORD K DONIVAN Defendant NO. 00-5304 VERIFICATION OF SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS Valerie Rosenbluth Park, Esquire, being duly sworn according to law deposes and says that she did serve the Defendant LYNFORD K DONIVAN , at last known address located at 116 W HILLCREST DR,CARLISLE, PA 17013-1215, by United States Certified Mail, Return Receipt Requested, Postage Paid, and First Class Mail with a true and correct copy of the Complaint which was filed in the Court of Common Pleas in the above captioned matter and with the apPropriate Notice to Plead as set forth in Pennsylvania Rules of civil Procedure. Service by mail was accomplished on in accordance with Pennsylvania Rule of Civil Procedure and the prior Order of this Court allowing for alternate service. Proof of service by Certified Mail is attached hereto, made a part hereof, and marked Exhibit "A". Proof of service by First Class United States Mail, postage Paid is a Certificate of Mailing attached hereto, made a part hereof, and marked Exhibit "B". Valerie Rosenbluth Park, Esquire further understands that false statements made herein are subject to the penalties of 18 PA C.S.4904 relating to unsworn falsification to authorities. P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE ATTORNEY FOR PLAINTIFF ~ 'j ~ . .. -"~ ~ ll) -II U'l =r ru CJ =r =r Postage $ Certified Fee co Return Receipt Fee ,C (Endorsement Required) o Restricted Dellvet'Y Fee C (Endorsement Required) t:I Total Postage & Fees $ '3 ~ Lt " flJ ru m IT" IT" CJ l'- EXHIBIT A .,,:'".'" ~~< '<t~ , I~:: a; ~ o E "" m ~'" '" S "" " cricf u " " c" . "" a: .m "Ois15 - "'"- .- . Q .= 0;5 .!!! 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VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARR LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 116 W HILLCREST DR CARLISLE, PA 17013-1215 4168100009012574 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS LYNFORD K DONIVAN Defendant NO.00-5304),<l" 3ili'!8 8888 1182 1:65 PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff and against the said Defendant for failure to plead or otherwise respond to the Complaint and assess the damages as follows: AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS $6,834.20 $1,366.00 $744.70 ($0.00) ($0.00) $8,944.90 PLUS ADDITIONAL COSTS I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and co ect copy of the notice pursuant to Pennsylvania Rule of Civi rocedure No. 237.1 is attached hereto and mark d E ibit" TOTAL VALERIE RO LUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW, ~ J~ L/ ,-.J 00 I , Judgment is entered in favor of the Plaintiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. ~'- , -t., - ~ a~~) K ~ PR THONOTARY7 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ,---'-"'-~, . .J VALERIE ROSENBLUTH PARK ATTORNEY !.D. # 72094 PARK LAW ASSOCIATES,P.C. DRIVE 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATIORNEY FOR PLAINTIFF CUMBERLAND COUNTY.COURT OF COMMON PLEAS I HEREBY CERTIFY THAT TIlE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD PLEASANTON, CA 94588 DEF: 116 WHlLLCREST DR CARLISLE, PA 17013-1215 FIRST SELECT CORPORATION Plaintiff VS L YNFORD K DONNAN Defendant NO. 00-5304 NOTICE OFPRAECWE FOR ENTRY OF DEFAULT JUDGMENT TO: L YNFORD K DONNAN 116WHlLLCRESTDR CARLISLE, PA 17013-1215 DATE OF NOTICE: 12/15/00 IMPORTANT NOTICE YOU ARE IN. DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN TIllS CASE. UNLESS YOU ACT WITIIIN TEN (10) DAYS FROM THE DATE OF TIllS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY WSE YOUR PROPERTY OR OTIIER IMPORTANT RIGHTS. YOU SHOULD TAKE TIllS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURt ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR . CARLISLE, P A 17013 (717) 240-6200 PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQ. cc: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT ;r -- , "'~~~~ - .= . . ";, ,_ ,0 1,' VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 116 W HILLCREST DR CARLISLE, PA 17013-1215 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS NO. 00-5304 7099 3220 0008 4402 4565 LYNFORD K DONIVAN Defendant VERIFICATION OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS VALERIE ROSENBLUTH PARK, Esquire, being duly sworn according to law, deposes and says that she will make this affidavit on behalf of the within Plaintiff, being authorized to do so, and that she believes and therefore avers, that LYNFORD K DONIVAN, Defendant is over 21 years of age; that his/her place of residence/business is located at 116 W HILLCREST DR CARLISLE, PA 17013-1215 and that he/she is employed and that he/she is not in the Military or Naval Service of the United States or its Allies or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and 'ts amendments. PARK LAW ASS I ES, P.C. . BY: Valerie Rosenbluth Park Attorney for Plaintiff EID ~" -,. ~ ".~- "'. '" '" '."'J ~' . VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 116 W HILLCREST DR CARLISLE, PA 17013-1215 FIRST SELECT :::~~N COiY Plaintiff COURT OF COMMON PLEAS VS NO. LYNFORD K DONIVAN Defendant NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below: [X] Judgment by Default [ ] Money Judgment [ ] Judgment in Replevin [ ] Judgment in Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings [ ] Judgment on District Justice Transcripts [ ] Judgment on Judgment Note [ ] Judgment on Writ of Revival [ ] Praecipe to Reassess Damages PURSUANT TO THE REQUIRED THAT WE STATE TO COLLECT A DEBT. ANY PURPOSE. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number: (215) 348-5200. '. P~THO~OTAWl,: ~ ( ~U1.""':fi;; 21 ~ FAIR DEBT COLLECTION CTICES ACT, IT IS THE FOLLOWING TO YOU. THIS IS AN ATTEMPT INFORMATION OBTAINED WILL BE USED FOR THAT ~~~,"J'k'"~,_~",,,,:'~[\ioill8..."\::lo_rocilf"!tii!ib.'1i~~iaililliiilj:~lO~~jMli~'.''';;'''''''''. >~W5jJllllOtl~_ c1 ~ ~~ ~ -- 8 fi,......... ~ f"1 l> .::0 0'-) j~~r' (1/ ~ ?;.) -Q '- ~~ . LlIt.lJ o ~? -ofl' mr;-, z:}c zc ~~; yC j? ,.-.~ z- ~ >~: ;2: -.j -<" ~tWii!ilililiWliil" ~. C) , I I .1 . .~ ~, "" :._1':: I '.'1 '-:J -----4_':.:::: -",-," " C'j ;<..,[T1 ::--4 5J -< f',) w .,- ~i .~ ~~. ~---~~.~~ ~ =, , . VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215 348-5200 ATTORNEY FOR PLAINTIFF FIRST SELECT CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff VS. LYNFORD K DONIVAN Defendant NO. 00-5304 PRAECIPE TO STRIKE JUDGMENT TO THE PROTHONOTARY: Kindly strike the default judgment entered on January 4, 2001. Defendant, Lynford K. Donivan, filed a Chapter 07 Bankruptcy in the United States District Court Middle District of Pennsylvania on 12-20-00 docket number 00-12979. PARK LAW ASSOCIATES, P.C. ~-' ." BY: VALERIE ROSENBLUTH PARK, ESQUIRE ~'. J~~'" ~ -, ,. ,,". ~, ~ ~ =. ' ~" ~ .~~ ",-,~_.,. ,". ;..,""'""~~""""'<" .,-<., ~- ;,~;',;l,",,' ,,;. f: (J "'<;l. i ~ 0 CO c; 1& 8 ~ -['; ~"'. ""'1 .., "12cx; 'n, nl!T~ ee) :,iC,~~_ ...... ~ 2::::;:} f\.) -.--"..T'" ....... .~ ~g :_;~Q ~ ...{ .r:!~~ I' ;~ ~ ZCi '"::-=;'- 01 t ..c:.>( _' I~ ~c E3 s;m ~c :2 "':,; =2 :D '-< (;:) -< ,-" 11