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HomeMy WebLinkAbout00-05406t ? VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. 472094 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 COPY FROM in Tesiima ereof,=1 beta u Plaintiff and ft W sod of sa vs. iy hand Pa. HARRY LEE GIBSON SHARON L GIBSON Defendant NO. 00 - eAlU, NOT T CR 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. n T ?az 21 tb Floor, u (74:4) nA A.ssou ?Yio J cu,m4, . Co. 4,4,6 Acs C /?a43 'wal 7/7- 9240-,N-6 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#:4168100108404276 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS HARRY LEE GIBSON SHARON L GIBSON 98 GROVE RD CARLISLE, PA 17013-7716 DEFENDANT NO. U4J•SYDL C?euu T_t??w CIVIL 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, HARRY LEE GIBSON, is an individual who resides at 98 GROVE RD, CARLISLE, PA 17013-7716. 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 4168100108404276. 4. The terms of said account are stated in the documentation attached hereto as Exhibit "A". 5. The Defendant has failed to pay the amount owed in accordance with the Account Agreement and has failed to pay the outstanding debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $3,648.29 as of 07/11/2000, plus pre-judgment contractual interest at the rate of 19.80% 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 $729.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $3,648.29, plus pre-judgment interest at the contractual rate of 19.80% per annum from 07/11/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $729.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. C!O= TI 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 thi"s 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 $3,648.29, plus pre-judgment interest at the contractual rate of 19.80% per annum from 07/11/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $729.00, 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. 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 ACCOUNT AGREEMENT Your ASSOCIATES account has been transferred to First Select Corporation. Your ASSOCIATES account was closed at the time ofthis transfer, and will therefore continue to be closed This Account Agreement contains the terms that govern your First Select account (the "Account"). In this Agreement, "you" and "your" mean each person who is liable for payment on 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 obligated to repay the Account to us instead of ASSOCIATES. If the Account was opened w alomnt account, we may act on the instructions of myjoint accountholder. Payments / Finance Charges. As long as you have a balance outstanding on your Account, finance charges are calculated as follows: To figure the finance charges for each billing cycle, we multiply the average daily balance on your Account by a daily periodic rate. The daily periodic rate we apply is your Account's Annual Percentage Rate divided by 365. The Annual Percentage Rate will be calculated as disclosed in your most reran ASSOCIATES account terms (the "Original Terms"). If your Original Tema provided for different Annual Percentage Rates to be applied to different components of your outstanding balance, we will apply the lowest such Annual Percentage Rate to your entire outstanding balance. We may accept late or partial payments, or payments marked "paid in full" or marked with other restrictions, without losing our right to collect all amounts owing under this Agreement. You may ask First Select Corporation to pay this account by debiting your checking or savings account. First Select Corporation will first verify your identity and eligibility for this service. You may revoke your authorization by writing to First Select Corporation Customer Service. Fees. We will charge your Account a fee for each billing cycle within which your Account is delinquent (late charge). The amount ofthe 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 ofthe returned check charge will be as disclosed in your Original Terms, or the maximum returned check charge permitted by the law of your state of residence, whichever is lower. To the extent provided in your Origin) Tema, 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 Tema 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 Agreement. Non-Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any'tther 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 terns did not contain an applicable law provision, then this Agreement and your Account are governed by federal law and the law of your state of residence. This Agreement is a final expression of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement. If any provision ofthis Agreement is held to be invalid or unenforceable, you and we will consider that provision modified to conform to applicable law, and the rest ofthe 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 Information. If you fail to fulfill the terms of your credit obligation, a negative credit report reflecting an 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 tow at the following address: First Select Corporation, P.O. Box 9104, Pleasanton, California, 94566. We may share informatian with our grxates incuu&ng, nithont limitation, Novialian National Bank andProviiiian Bank. Ronever,you may wrrite to us at anytime instructing us not to share credit information with our qrfliater. YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act Notify Us in Case of Errors or Questions About Your Bill If you think your bill is wrong, or if you need more information about an entry on your bill, write us, on a separate sheet, atthe 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 fast bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In year 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 infatuation, 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 carrot 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 we investigating, but you are still obligated to pay the parts ofthe bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount. If we did not make a mistake, you my have to pay finance charges, and you will have to make up the missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount we think you owe, we may report you as delinquent. However, if our explanation 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 time 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. Uwe do not follow these rates, we cannot collect the first $50 of the questioned =coal 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 you purchased with your ASSOCIATES credit card and you have tried in good 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 limitations to this right: (a) you must have made the purchase in your home state or, if not within your home state, within 100 mules of your current mailing address; and (b) the purchase price most have been more than $50. These limitations do not apply if either we or ASSOCIATES own or operate the merchant, or if we or ASSOCIATES mailed you the advertisement for the property or services. "U °p G, CJ, r- Vn SHERIFF'S RETURN - REGULAR CASE NO: 2000-05406 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS GIBSON HARRY LEE ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GIBSON HARRY LEE DEFENDANT the , at 0015:35 HOURS, on the 4th day of August , 2000 at 98 GROVE ROAD CARLISLE, PA 17013 by handing to SHARON L. GIBSON 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: Docketing 18.00 Service 3.72 Affidavit .00 Surcharge 10.00 .00 31.72 Sworn and Subscribed to before me this day of A. D. L So Answers: -e R. Thomas Kline 08/07/2000 PARK LAW ASSOCIATES By: Deputy Sheriff 41 rbthonotary SHERIFF'S RETURN - REGULAR CASE NO: 2000-05406 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS GIBSON HARRY LEE ET AL HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon GIBSON SHARON L the DEFENDANT at 0015:35 HOURS, on the 4th day of August , 2000 at 98 GROVE ROAD CARLISLE. PA 17013 SHARON L. GIBSON by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the Fame time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this 1 f-- day of o2dvc7 A. D. P othonotary So Answers: R. Thomas Kline 08/07/2000 PARK LAW ASSOCIATES By: Deputy She f 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, INC. Plaintiff VS. HARRY LEE GIBSON SHARON L. GIBSON Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 00-5406 CIVIL TERM CERTIFICATE OF SERVICE Valerie Rosenbluth Park, Esquire certifies that she is the attorney for the above named Plaintiff in the instant action and that on August 22, 2000, she served a true and correct copy of Plaintiff's Petition to Amend Complaint; a Brief in Support of Plaintiff's Petition to Amend Civil Action; and a Proposed Order, by mailing the same by U. S. Mail, postage paid, to the person and at the address set forth below: Sharon L. Gibson, Defendant 98 Grove Road Carlisle, PA 17013-7716 PARK LAW ASSOCIATES, P.C. //\ ----------------- BY: VALERIE ROSENBLUTH PARK, ESQ. C7 Ca t'll fit` w"7 2-1 v CIS O.: xil 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, INC. Plaintiff vs. HARRY LEE GIBSON SHARON L. GIBSON Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 00-5406 CIVIL TERM CERTIFICATE OF SERVICE Valerie Rosenbluth Park, Esquire certifies that she is the attorney for the above named Plaintiff in the instant action and that on August 22, 2000, she served a true and correct copy of Plaintiff's Petition to Amend Complaint; a Brief in Support of Plaintiff's Petition to Amend Civil Action; and a Proposed Order, by mailing the same by U. S. Mail, postage paid, to the person and at the address set forth below: Harry Lee Gibson, Defendant 98 Grove Road Carlisle, PA 17013-7716 PARK LAW ASSOCIATES, P.C. ESQ. VAL VIE ROSENBLUTH PARK, c3 ? E^ - _ 21 2? _ ir s? ? e w FIRST SELECT, INC. Plaintiff 'SFP 3 200 CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. HARRY LEE GIBSON SHARON L. GIBSON Defendants NO. 00-5406 CIVIL TERM ORDER r AND NOW, this day of 2000, upon consideration of Plaintiff's Petition to Amend Complaint and Defendants' Response thereto, it hereby ORDERED that said Petition is granted and Plaintiff, First Select, Inc. shall be allowed to file an Amended Civil Action which names Defendant, Sharon L. Gibson, in Paragraph 2 of.the Civil Action. BY THE,EbURT: OJL?04qaaa A9 i R D-40i FICE 0? ?,.rr?{pT?RY 8t7 SE:P t 8 A? 9= 17 QOUNTY 1M?EpEYI?.d A 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, INC. CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS VS. HARRY LEE GIBSON SHARON L. GIBSON Defendants NO. 00-5406 CIVIL TERM PLAINTIFF'S PETITION TO AMEND COMPLAINT 1. On August 3, 2000 Plaintiff filed a Civil Action action which named Defendants Harry Lee Gibson and Sharon L. Gibson in the caption of the Civil Action. 2. A copy of the Complaint was served upon Defendant, Harry Lee Gibson, on August 4, 2000 by the Sheriff of Cumberland County. 3. A copy of the Civil Action was served upon the Defendant, Sharon L. Gibson, on August 4, 2000 by the Sheriff of Cumberland County. 4. Due to the inadvertence of Counsel, the name of Defendant, Sharon L. Gibson, was erroneously omitted from the body of the Civil Action Complaint. 5. Plaintiff's requested amendment will merely add the name of Sharon L. Gibson to Paragraph 2 of its Civil Action and will not add a new party nor introduce any new causes of action against the Defendants. 6. Defendant, Sharon L. Gibson, will not be unduly prejudiced or surprised by this amendment since Defendant Sharon L. Gibson was named in the caption of the Civil Action since its inception and was served with a copy of the Civil Action by the Sheriff of Cumberland County. WHEREFORE, Plaintiff, First Select, Inc., respectfully requests that this Honorable Court grant Plaintiff's Petition to Amend the Civil Action to include Defendant, Sharon L. Gibson, in Paragraph 2 of its Civil Complaint. Respectfully submitted, PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQ. 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 forgoing matter; that she is authorized to take this Affidavit on its behalf; and that the facts contained in the foregoing Pleading 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., §4904, relating to unsworn falsification to authorities. VALERIE ROSENBLUTH PARK, ESQ. VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: C. PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 98 GROVE RD CARLISLE, PA 17013-7716 4168100108404276 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS HARRY LEE GIBSON SHARON L GIBSON Defendant TO THE PROTHONOTARY: NO.2000-05406 PRAECIPE FOR JUDGMENT 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 $3,648.29 ATTORNEY FEES $729.00 PLUS ACCRUED INTEREST $193.23 LESS PRINCIPAL PAID ($0.00) LESS OTHER PAYMENTS ($144.50) TOTAL $4,426.02 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 correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "A". VALERIE ROSENEWTR PARK,ESQUIRE Attorney for the Plaintiff .41 AND NOW, (o L+ .3/ ) oga?) , 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. PROTHONOTARY 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. VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. DRIVE I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD 25 EAST STATE STREET, P.O. BOX 1779 PLEASANTON, CA 94588 DOYLESTOWN, PA 18901 DER 98 GROVE RD (215) 348-5200 CARLISLE, PA 17013-7716 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS HARRY LEE GIBSON SHARON L GIBSON Defendant NO. 2000-05406 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: HARRY LEE GIBSON SHARON L GIBSON 98 GROVE RD CARLISLE, PA 17013-7716 DATE OF NOTICE: 9/27/00 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 , 4`h FLOOR CARLISLE, PA 17013 (717) 240-6200 PARK LAW ASSOCIATES, P.C. BY: VALE SENBLUTH PARK, ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 4 EXHIBIT VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: C. PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 98 GROVE RD CARLISLE, PA 17013-7716 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS HARRY LEE GIBSON SHARON L GIBSON Defendant NO. 2000-05406 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 HARRY LEE GIBSON, Defendant is over 21 years of age; that his/her place of residence/business is located at 98 GROVE RD CARLISLE, PA 17013- 7716 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 its amendments. PARK LA ASSOCIATES, P. _ BY: Valerie Rosenbluth Park Attorney for Plaintiff E10 VALERIE ROSENBLUTH PARK, Esquire Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF FIRST SELECT CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff Vs. HARRY LEE GIBSON SHARON L GIBSON Defendant NO. 2000-05406 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 knows of her own personal knowledge and therefore avers, that SHARON L GIBSON, Defendant is over 21 years of age; that his/her place of residence/business is located at 98 GROVE ROAD, CARLISLE, PA 17013-7716 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 the Soldiers and Sailor Civil Relief Act of Congress of and its amendments. 1 n VALERIE MSENBLUTH PARK, ESQUIRE Attorney for Plaintiff VALERIE ROSENBLUTH PARK ATTORNEY I.D. #k 72094 PARK LAW ASSOCIATES, P. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: C. PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 98 GROVE RD CARLISLE, PA 17013-7716 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS HARRY LEE GIBSON SHARON L GIBSON Defendant NO. 2000-05406 NOTICE Pursuant to Rule 236 of are hereby notified that in the above proceeding the Supreme Court of Pennsylvania, you a Judgment has been entered against you as indicated below: [X] Judgment [ ] Money Jui [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Praecipe by Default 9gment in Replevin in Possession on Award of Arbitration on Verdict on Court Findings on District Justice Transcripts on Judgment Note on writ of Revival to Reassess Damages IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number:(215) 348-5200. 1012 r/oa PURSUANT TO THE REQUIRED THAT WE STATE TO COLLECT A DEBT. ANY PURPOSE. PROTH OTA Y: FAIR DEBT COLLECTION PRAC S ACT, IT IS THE FOLLOWING TO YOU. THIS IS AN ATTEMPT INFORMATION OBTAINED WILL BE USED FOR THAT ILL1 ? c? ? I= w ? (? \ w O z c r' In the Court of Common Pleas of CUMBERLAND County Commonwealth Financial Systems, Inc. Assignee of Credigy Receivables Inc. Assignee of First Select, Inc. Plaintiff VS. HARRY GIBSON Defendant NO: 2000-05406 PRAECIPE TO MARK JUDGMENT TO USE OF ASSIGNEE To the Prothonotary: Mark the judgment in the above case to the use of Commonwealth Financial Systems, Inc. upon payment of your costs only. Dated: June 19, 2008 Michael F. Ratch d, Esquire 1729 Pittston Avenue Scranton, PA 18505 (570) 558-5510 Supreme Court ID No: 86285 ASSIGNMENT OF JUDGMENT KNOW ALL MEN BY THESE PRESENTS, that I, Rob Munroe, Vice President of Credigy Receivables, Inc., assignee of First Select, Inc., in consideration of the receipt of the agreed upon amount on March 14'b 2008, from Commonwealth Financial Systems, Inc., do hereby grant, bargain, transfer, assign, and make over to Commonwealth Financial Systems, Inc., with principal place of business located at 120 North Keyser Ave., Scranton, PA 18504, a certain judgment recovered in the Court of Common Pleas of CUMBERLAND County, Pennsylvania on October 31, 2000, Docket NO. 2000-05406, against HARRY GIBSON, of 98 GROVE RD CARLISLE PA 17015-7716, for the principal sum of $4,426.02; together with all the benefits and advantages that may be obtained thereby, and full power to enforce and recover the judgment to its own use. I further authorize and empower the prothonotary or any attorney on behalf of Commonwealth Financial Systems, Inc. to mark the judgment to Commonwealth Financial Systems, Inc's-use. Rob Munroe Vice President of Credigy Recievables Inc., a Nevada corporation ("CRP'), as attorney-in-fact pursuant to the Power of Attorney, dated as July 30, 2004, granted by First Select, Inc., a Delaware corporation, in favor of CRI, a copy of which is attached as Exhibit. A hereto. IN WITNESS WHEREOF, I have set my hand and seal this 10 day of , 2008. ?o`E XPIRES ` EG GIA ' JULY 6, 20 i0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Commonwealth Financial Systems, Inc. Assignee of Credigy Receivables Inc. CIVIL ACTION Assignee of First Select, Inc Plaintiff : vs. NO: 2000-05406 HARRY GIBSON Defendant : CERIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on June 19, 2008 I served a copy of the Assignment of Judgment and Entry of Appearance in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: HARRY GIBSON 98 GROVE RD CARLISLE PA 17015-7716 Edwin A. Abrahamsen & Associates, P.C. B Michael F. Ratchford, Esquir Attorney I.D. No.: 86285 1729 Pittston Avenue Scranton, PA 18505 (570) 558-5510 46- I Commonwealth Financial Systems, Inc. Assignee of Credigy Receivables Inc. In the Court of Common Pleas of Assignee of First Select, Inc CUMBERLAND County, Pennsylvania Plaintiff Civil Division VS. HARRY GIBSON NO: 2000-05406 Defendant Praecipe for Entry of Appearance Kindly enter my appearance on behalf of Commonwealth Financial Systems, Inc. Assignee of Credigy Receivables Inc. Assignee of First Select, Inc. in the above-captioned matter. Date:June 19, 2008 /Michael F. Ratchford, Es 1729 Pittston Avenue Scranton, PA 18505 (570) 558-5510 Supreme Court ID No: 86285 rv czz) _71 ry 7-T7 _`. . cil (R .