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HomeMy WebLinkAbout00-05407 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. THOMAS J GALLAS Defendant OCT 11 ~ CUMBERLAND COUNTY COURT OF COMMON PLEAS NO. 00-5407 ORDER AND NOW, this I J.,J".. day of O~ ,2000, upon 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. BY TH J. c~ 1f\o.il /0' 13-00 RX,3 . , , -ill~MH~~~i~;-b!!i1>li"""",~"id,"",~~MiR:J!1~1Riili$i!fWllTiT~J f);~)I~_~J-,v;,'1\':'"^,, C'_ __,~,,''''.,_'''''''','1''!(_,,"~~' .' c' -[', ,~," ,_, ',_,'_,_v) ,. '_"w ~"' ,~< '_,,'<','''__'''~ ' ,.. _.', . ,~ ,_....... ~ ~=-.... - ~-;.- ,~-- ,- F!~t:D--()rF!Ct: C~ T ,,' '~'"'~..~nf',;;]TAF1Y 00 OCT I J 11.11 8: l;l; CUlvi&HLAi\JD COUNTY PENNSYLV/\NIA - 'I -, , " VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 {215348-5200 ATTORNEY FOR PLAINTIFF FIRST SELECT, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff VS. THOMAS oJ GALLAS Defendant NO. 00-5407 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 August 3, 2000. 2. The Sheriff of Cumberland County made a "Not Found" return of service of the Complaint on September 11, 2000. A true and correct of the sheriff's return of service is attached hereto, made a part hereof and marked Exhibit "P-1". 3. The last known address of the Defendant is 1402 Bradley Drive APT A312, Carlisle, PA 17013-1261. 4. Subsequent to the Plaintiff's attorneys' receipt of the Sheriff's "Not Found" return, Plaintiff's attorney made the described efforts to locate the whereabouts of the Defendant as indicated 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. WHEREFORE, 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. PARK LAW ASSOCIATES, P.C. By:~/L----- . VALE IE ROSENBLUTH PARK, ATTORNEY FOR PLAINTIFF / ESQUIRE "'?~ ~7' 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, rel~ting to unsworn falsification to authorities. VALERIE ROSENBLUTH PARK, ESQUIRE '''' SHERIFF'S RETURN - NOT SERVED CASE NO: 2000-05407 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS GALLAS THOMAS J R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: GALLAS THOMAS J but was , unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT SERVED , as to the within named DEFENDANT , GALLAS THOMAS J SEVEN ATTEMPTS AT SERVICE WERE MADE, WE WERE UNABLE TO LocATE DEFT BEFORE COMPLAINT EXPIRED. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 PARK LA 09/11/2 OMAS KLINE IFF OF CUMBERLAND COUNTY Sworn and subscribed to before me this day of A.D. iii Prothonotary EXHIBIT P - 1 .,,,.,~ ^ , or ~ VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (:H5 348-5200 ATTORNEY FOR PLAINTIFF FIRST SELECT, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff VS. THOMAS J GALLAS Defendant NO. 00-5407 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 Thomas J Gallas does a telephone number listing at the address of 1402 Bradley Drive APT A312, Carlisle, PA 17013-1261. 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 Thomas J Gallas is not a registered voter with an address of 1402 Bradley Drive APT A312, Carlisle, PA 17013-1261. 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 Thomas J Gallas is not the owner of the property at 1402 Bradley Drive APT A312, Carlisle, PA 17013-1261. The Office's response is attached hereto, made a part hereof and ''iiI'. _. ~ "'"' . ~ - marked as Exhibit "B". e) A letter addressed to the Postmaster shows that mail addressed to Thomas J Gallas at 1402 Bradley Drive APT A312, Carlisle, PA 17013-1261 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 IS Pa.c.S., Section 4904, relating to unsworn falsification to authorities. ::~W~. VALERI OSENBLUTH PARK, ESQUIRE ATTORNEY FOR PLAINTIFF , ~1"'" ,. ~< , ~' . P ARK LAW ASSOCIATES o A PROFESSIONAL CORPORATION C. jl 25 EAST STATE STREET, SUITE 101 P.O. BOX 1779 DOYLESTOWN, PENNSYLVANIA 18901 VALERIE ROSENBLUTH PARK' ROBERT E. ANGST' TELEPHONE (215) 348~5200 FACSIMILE (215)348-4015 .ALSO MEMBER NJ BAR "/"ALSQ MEMBER FL BAR September 19, 2000 Voters Registration Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 RE: THOMAS J GALLAS 1402 BRADLEY DR APT A312 CARLISLE, PA 17013-1261 OUR FILE NO: 14587-1 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. ~ ~ BY: Amy Schermerhorn Legal Assistant Enclosure Name of Person: THOMAS J GALLAS Current Address: Date of Registration: Date of Birth: Previous Registration Address: ~ o..tDJ.Q:- fQ,.\eJ~ rJf\ \ 'S~ f~'heo\ -~O \Ide 1(\ L~ Co. ~ 'dow-W~~/~i~OS 'I"!' __ ~_~ ~ , EXHIBIT IT ~'~'m>l " , "lIB o PARK LAW ASSOCIARS A PROFESSIONAL CORPORATION SEP 28 2llOO 25 EAST STATE STREET, SUITE 101 P.O. BOX 1779 DOYLESTOWN, PENNSYLVANIA 18901 VALERIE ROSENBLUTH PARK' ROBERT E. ANGST' TELEPHONE (215) 348-5200 FACSIMILE (21S) 348-4015 -ALSO MEMBER NJ BAR +ALSOMEMBERFLBAR September 19, 2000 Office of the Tax Assessor of Cumberland County Cumber1fUld County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 RE: THOMAS J GALLAS Dear Sir/Madam: I would appreciate your providing me with the ideutity of the owner of the real estate listed at the following address: 1402 BRADLEY DR APT 312 CARLISLE, PA 17013-1248 Please uote the name and address of the owner below and return this letter to me in the euclosed self- addressed stamped euve1ope, "Thank you for your cooperation. Very truly yours, PARK LAW ASSOCIATES,P.C. Enclosure Property Address: 1402 BRADLEY DR APT 312,CARLISLE, P A 17013-1248, Name of Owner: .'\,"\-;e~("e ~..~'" t, ~~,.~t L. Address of Owner: .:) (" -, l..(: " I ;,.,.~" '" >.\ Q<.....\\ ,,\. Deed Book and Page No,: \ ~ 0 \ 2.(., EXHIBIT 6 """'" """""~" r "~ ,_ _ . " PARK LAW ASSOCIATES A PROFESSIONAL CORPORATION 25 EAST STATE STREET, SUITE 101 P.O. BOX 1779 DOYLESTOWN, PENNSYLVANIA 18901 VALERIE ROSENBLUTH PARK' ROBERT E. ANGST' TELEPHONE (215) 348-5200 FACSIMILE (215)348-4015 . ALSO MEMBER NJ BAR +ALSOMEMBERFLBAR Pos1master United States Post Office CARLISLE, PA 17013-1261 September 19,2000 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 #: 14587 NAME: ADDRESS: THOMAS J GALLAS 1402 BRADLEY DR APT A312 CARLISLE, P A 17013-1261 NOTE: The name and last known address are required for change of address information. The name, ifknown, 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. THOMAS J GALLAS 4. The Court in which the case has been or will be heard: CUMBERLAND COURT OF COMMON PLEAS 5. The docket or other identifying number if one has been issued: 00-5407 CV 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 INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVTCE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LmGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT 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 service of legal process in connection with actual or prospective litigation. 25 East State Street Doylestown, P A 18901 --~-----------------------------------------------------------------------------------------------~------ FOR POST OFFICE USE ONLY /::"iJ'\LI'S~- _No change of address order on file. NEW ADDRESS OR BOXHOLDER'S(" '7",~:<-~ . " ~~~ REGISTERED ADDRESS l .:cP \' _Not~wnataddressgiven : 28 ) i _Moved, left no forwarding address. \,';;f.~~.,.///r _No such address POSTMARK: '<::.-/'. WHAT COUNTY IS TillS ADDRESS IN? C63 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURFOSE. EXHIBIT L !'f',== T ~ -.. , , I, ~,,.;l,,,! _ .( ", ,~111'>~ '. ~~~"*ll'"..~~ ~~~ ~\ 0 c C) ~ 0 ""'0('.' r--, [IlC-: :~ z~,' -;;r(-.- ~, ~:,,: r-: ,..- :c"L../ )::-::;c' ~8 ,,- =< "~~ ,= ~".-"~, ~-~-. ~"" n c:> -0 ~:J ;=:;: '"'~ :J:J -< r:- Iv ,;~'~~fW'Im,,"nIli"l'J}llilIDTll ~.<,"",,~~~~IIj5l'J~~~.JlliW~~~r'l'''''''' =~~~"'''' 1-7 . 31 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. THOMAS J GALLAS ! Defendant NO. 06-5407 COLe T~ u NOTICE ;:i ::j 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. l~ i~ " :.~ ii !ii ::1 !] i,j 'I 'I ~! l:j ':1 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. 'I COURl' M~NIlnBl'I\:NfOR. 4th rleo., CUlllLc.LlauJ. CuuuLy CUUL LLo......ac CarliGlo, R~ 17Qld (7H) 248 6288 Ql.ol.t'V\b, Co. ~'2.IL. f)SSCiCJ':2'-1to...J a... I...ii:,~ /)Qe. . o.~'S:L'Z7 'PA- /7oil 717-.J.L{C(- ~ It,. ~ THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ;-',$ .'-' ,0, -.'-'- -?"- " - ,- , ,-~,'- " . 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#:4168100004634372 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS THOMAS J GALLAS 1402 BRADLEY DR APT A312 CARLISLE, PA 17013-1261 DEFENDANT NO. tfV- 6'107 C;,;;..; 7.b CIVIL ACTION 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, THOMAS J GALLAS, is an individual who resides at 1402 BRADLEY DR APT A312, CARLISLE, PA 17013-1261. 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 4168100004634372. -'''4''' ~', -~-:'l'" - " ,~ e. -. ", ,,'_', ' _ _ ~- ." _ 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 $9,871.02 as of 04/06/2000, plus pre-judgment contractual interest at the rate of 19.30% 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 $1,678.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $9,871.02, plus .pre-judgment interest at the contractual rate of 19.30% per annum from 04/06/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,678.00, 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. 'i'~~~ _ . ,. , ' 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 $9,871.02, plus pre-judgment interest at the contractual rate of 19.30% per annum from 04/06/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,678.00, 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. , ~. ',' ~_, ," .'. . Co,."'. " , -,., ,_,O.~,., ,,~ "'" . .w,_". w, ):, , _ , , _,~, _, ,_:".,,~ ' 1~ VERIFICATION I, SUE CORRIEA , declare that as of June 14, 2000: I am a designated agent of FIRST SELECT INCORPORATED, 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 ,-, ,-,,,. '-~" "--'. -'--~, ,_,,~,_~ ." ""_"',_ .0<, ,,, _'"~.' '-'.'.; ",--,. v ""'-eXHlsif i --A i y-r . of' .iiF1RSTSE1ECT -~., CORPORAT10N ACCOUNT AGREEMENT Your FLEET BANK account has been transferred to First Sdect Corporation. Your FLEET B.-\.'~K account was closed at the time ol"th.is tranf;fer, und ""ill therefore contim\e lo be dosed. This Account Agreement contains the terms that govern your First Sdect accuunt(the "A.::count"). In th1S Agreement. '.you" and "your" mean each p~rson who is liable for payment on the Account. "We," "our." "ours." and "us" mean First Select Corporation or its assigneef.", l?ecnuse your A.ccollnt ha.~ been transferred to us, you arc now obligated to repay the Account to us instead of FLEET BA.~K If the Account was opened as a Jomt account. we may act on the instructions of any joint accountholder. Pa~inu~nts I Finunce Charges. .1\5 long as you have a balance outstanding on YOUr Account. tinance charges are calculated as follows: To figure the finance charges for each billing cycle. we multiply the average daily balance on your Account hy a daily periodic rate. The daily periodic rate we apply is your A<;collnt's Annual Percentage Rate divided by 365. 111e Annual Percentage Rate will be calculated as disclosed in your most recent FLEET B.-\"'\"K account h:rms (the "Original Terms"). If your Original Terms pro....ided for different Annual Pacentage Ratl:s to be applied to citTercnt component:. of your outstanding balQ.nce. ......e will apply the lOWt;sr such Annual Percenlage Rale to your entire outs!anding balance,. w~ may. accept late or partial payments, or payments marked "paid in full" or marked with other r~trictiolls. without losing our right to collect all amounts owing under thiS Agre~ment. Fees. We will c;harge vour 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 of the 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 Original Terms. and to the extent permitted by applicable law, in addition to your obligation to pay the outstanding balance on your Account, plus illterest 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 Tenns provided for an award of attorneys' fees and court costs, such prvvision as incorporated herein shall apply reciprocally 10 the prevailing party in any lawsuit arising out ofthis Agreement. i'ioll~Waiver of Certain Rights. We may delay or waive enforcement of any provision of this .'-\greement without losing our right to enforce it or any other provision latar. Applicllblc 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 designat~d as the applicable law in your Original Terms. If your Original terms did not contain an apphcable 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 fmal expression of the agreement between you and us and may not be .::onlradi~ted by evidence of any alleged oral agreement. Ifany provision of this Agreement is held to be invalid or unenforceable, you and we will con.sider that provision rnoditied 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 slate law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by tiling a linal1'cing statement with the state's Secretary of State. Credit Reporting. 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 agen~~'. [n order to dispute any information we are reporting about your Account, you must write to us at the following add.ress: First Select Corporation, P,O. Box 9104, Pleasanton, California, 94566. YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE This notice corltains importc.nt information about your rights and our responsibilities under the Fair Credit Billing Act. Notity Cs in <::ase of El'rors or Questions About Your Bill [fyou think. YOur bill is \\-TOng, or if you need more information about an entry on your bill, write us, on a separate sheet, at the follov,.ing adrlress: First Select J 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 $<:nt you the firsJ. bill on which the error or problem appeared. You ca:n 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, ifYOll can, why you believe there is an error. lfyoll need more information, describe the item you are not sure about. Your Rights and Our Responsibilities After We Receive Your Written Notice We. must acl<:nowledge 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 btll was correct. A:fte~ we receive y~ur letter, we ~afl!'ot try to collect or report you as delinquent as to any amount you question, including finance chu.rges. We C:an apply any unpat.d amount agamst your: credIt hne. You do not have to pay any questioned amount while we are investigating, but you are still obl1gated to Plly the parts of the 0111 that are nOl 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 amOlmt Ifwe did nof make a mistake, you may have to pay finance charges, and r~u will have to ffi;ake up the missed paymel!ts on the questioned amount. In either case, we will send you a statement of the amount you owe and the dat~ that It IS .du;:. Jfyou fatl ~o pay the amoun~ we thmk you owe, we may report you as delinquent Howev;:r, if our explanation does not satisfy you and you wnte to us Wlthm 10 days tellmg us that you stdl refuse to pay, we must tell anyone we report you to that you questiooyour bill. A.nd we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has heen settled between us when it finallv is. Ifwe do not follow these rules, we cannot collect the first $50 of the questioned amount even if your bill was correct. - Special Rule for Credit Card Purchases If you have a ~roblem with the quality of goods and services that ~'o~ purchased with your FLEET B.'\l.'JK credit card ilnd you have tried in good faith to correct the ~roblem With the mc~chant, you may not hit.veto p~y ~he remammg amount dl:e on the ,goods or services. There are two limitations to this right: (a) you must ha~l: ~~ade th~ purchase m your h~m: st~[C or,tfoot wlthl~'y?llr home state, wI~hm 19~ miles of your current mailing address; and (b) the purchase price must ha\e bt;en mOre than 550. rhes.;: hnlltatloos do not apply It either we or FLEE1 BAJ'iK o\\on or operate the merchant, or if we or FLEET BANK mailed YOll the advertisement for the property or services. 2590 ',~"", . " ~ ~ . ~,'m '. R,lUIL ~ is o <li. ~~ ~ e - "6- <- v, 11) ()t ~ <- 0~ ~C ~ ~ f -.(, 0 c:") ,~ C CJ ~rl l: fC~ ~ ,.. ITi :, ~: __1. ~: [~ , en t....<,) -, r::: '.' .. J'; ;~~:: :>c ---- ,- -;;: .j::'- -""""~"-"""<"";""-"".a".^,~~: 8 ~, ,__lIlI~m~~;R'"1~'!! _ 1 I: I~H"_1!iI--:r L ~~\-w~~m"'!lWI'1'1\I'~~!r';"""''!,'';~~'''II''''O!!J1l!!li1l'~~~__..... \". "~r.';' _t SHERIFF'S RETURN - NOT SERVED ! CASE NO: 2000-05407 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST SELECT CORPORATION VS GALLAS THOMAS J R. Thomas Kline Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: GALLAS THOMAS J but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT SERVED , as to the within named DEFENDANT , GALLAS THOMAS J SEVEN ATTEMPTS AT SERVICE WERE MADE, WE WERE UNABLE TO LOCATE DEFT BEFORE COMPLAINT EXPIRED. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 3.10 .00 10.00 .00 31.10 PARK LA 09/11/2 OMAS KLINE IFF OF CUMBERLAND COUNTY Sworn and subscribed to before me g;. j) this I L/ day of~:r.: 4.. , c2t-rrtJ A.D. n. 0.. ~ -f ~notary ,~ ,""<F" . .,. ~~ " ~_._- , , .' , I HE1'll'!'W ,.",l"'!'!!'v THAT THE WITHIN IS A TriG l AND CORRECT COPY OF T E ORIGINAL ON FILE,j(,j) 0 / P R LA ~SOC ES,~ ATTO N FOR PLAINTI 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 Plaintiff TRUE COPY FROM RECQRD . In Testimony wherQOf,1 here unto setrriy hand i and the seal .ofsaid Court.at CarlisI8, Pa. I ~daY~~'~~ I %'/>~" .,-" '~ ~ NO. 00 - S''1D7 do~c..C:L~ FIRST SELECT CORPORATION vs. THOMAS J GALLAS Defendant 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 obj ections 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, "') COTJRT ~MIWI~TRnTO~ 4~n 1I1uvJ.., Cumherl.:ane. C......uJ.J.Ly c:.UuL"Cnouse CdLll~le, ~A 1~61~ (>1~) 246-02:66' C.~b. <20. ~~ {).S-S'OdWcof\..J ~ /.../ 'b ed .{)c:fi.-. ~d"i.- iJA- nO/~ ( 7/7-. -;;)l{9-2tt-(.. AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED USED FOR THAT PURPOSE. THIS IS WILL BE , -"~T l1> _ ','"oj _" . R"i ,_~ . - - , , I I> t l 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#:4168100004634372 CUMBERLAND COUNTY COiURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASAN1'ON, CA 94588 PLAINTIFF VS THOMAS J GALLAS 1402 BRADLEY DR APT A312 CARLISLE, PA 17013-1261 DEFENDANT NO. CIVIL ACTION 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, THOMAS J GALLAS, is an individual who resides at 1402 BRADLEY DR APT A312, CARLISLE, PA 17013-1261. 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 4168100004634372. ,"~~'" "-. , ..., , 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 $9,871.02 as of 04/06/2000, plus pre-judgment contractual interest at the rate of 19.30% 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 $1,678.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $9,871.02, plus pre-judgment interest at the contractual rate of 19.30% per annum from 04/06/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,678.00, 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 $9,871.02, plus pre-judgment interest at the contractual rate of 19.30% per annum from 04/06/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,678.00, 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. -f-".~'_ "_,., '_< 1-' ,~- . " , I, VERIFICATION SUE CORR1EA , declare that as of June 14,' 2000: I am a designated agent of FIRST SELECT INCORPORATED, 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. ;\fuL I ~/fL?Z Designated Agent I'~-~~ ,0 ~ -" -.~, 4-~" 1) j F1RSTSE1ECT EXHIBIT ~ ' , COR P 0 RAT o N 'Q II . 54- ACCOUNT AGREEMENT Y ()ur FLEET B...~'\jK account has been transferred to First S.:lect Corporation. Your FLEET B..\.'\iK account was closed at th.: time of thiS tran.":t't:r, and will then:forf; continue to be elos.::d. This Account Agreement contains the terms that govern your First S~l.::ct account (the "A..:counc"). In this Agri:cment, "you" and "yout''' mean each pdrson who is liable for payment?n the Account "W~;' "our." "ours." and "UJ;" ~ean Firs~ ~e1ect Corporation or its assignees.. ?~cause your Account has been tl.lnsfcrr~d to us, you arc now obhgated to repay the '-\ccounllo us mstead of FLEET BA\;K tfthe Account was opened as aJomt account. we may act on the ins.tructions of any joint accounmolder. Pll)'.ments / Fimmce Charges. .As long as you haw a balai1ce outstanding on your Account. tinanc~ Ch!lfg~ ar~ cnJculated as follows: To tigure the finance charges for each billing cycle, we multiply the average daily balance on your Account by a daily periodic rale. The daily p~riodic tate w~ apply is your A~coun('s Annual Percentage Race divickd by 365, 11re M!1ual P.:rcentage Race will be cakulac<<l as dlSclos~d in YOll( most (~cent FLEET B.--\...\~ account t~rms (the "Original Term.."). If your Origin:ll Tenns provided for different Annual P~rcentage Rato::s to bll applied to citT~t:ntcomponenl'" of your outstanding balance. we will apply the lowest such Annual Percentage Rate to your entire outstanding balance.. w~ may accepllate or partial payments, or payments mark~d "paid in full" or marked with other r~trictions. without losing our right to collect all amounts owing under this Agreement Fees. w~ will charge your A(;count a fee fat' each billing cycle within which your Account is delinquent (late ~harge). The amount of the late ~harge will be <l.S disclosed in yrn.lr Original T cfmS or the maximum late charge pennined by Ihe law of your state of residence. whichever is lowd". We will charge your Account a fee for each returned payment check (returned check charge). The amount of the returned check charge will be :1..<; disclosed in your Origioai T <:mt1S, or th~ m.:l.'(imum relumed check charge permilto::-d by !he law of your state of resid~nce, whichever is lower. To the e:<tent provided in your Original Terms. and to me extent permined by applicable law, in addition to your obligation to pay the outstanding balance 00 your Account, plus interest and fees as disclosed herein, we may also charge you for any collection costs we incur. including out not limited to reasonable attom~ys' fees and court costs. If your Original Terms provided for an award of attorneys' fees and court costs. such prvvision as incorporated herein shall apply reciprocally to the prevailing party in any lawsuit arising out of this Agreement. l'iou- W' aiver of Certain Rights. We may delay or waive cnforcement of any provision of this Agreement without losing our right to enforc~ it or any other provision l:lter. AppJic:lhlc Law; Severability; Assignm~nt. No matter where you live, this Agreement and your AccQunt are governed by federa,l law and by me law of the state designalt'd as rhe applicable law in your Original T enns, If your Originallerms did not contain an applicable jaw provision, then this Agreement and your Account are governed by federal law and the law of your state of residence. This Agre<:ment is a final expression ofthe 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 unenforceuble. you and we will comider that provi~ion moditi~d to conform to applicable taw. and the rest of the provisions in the Agreement will still be .mforceable. We may transfer or assign our right to <ll1 or some of YOllr payments. If state law requires that you receiv~ notice of such an event to protect the purchaser or assignee. we may give you such notice by tiling a financing statement with the state's Secretary of State. Crerlit Reporting. If you fail to fulfil! the terms of your credit obligation, a negative credit report reflecting 00 your credit record may be submitted to a credit reporting agenc;... In order to dispute any infolmation we are reporting about your Account. you must write to us at the fol!owing uddres~: First Select Corporation. P.O. Box 9104, Pleasanton. California, 94j66. YOliR BILLING RIGHTS. KEEP THIS NOTICE FOR FUTURE USE This notice conta.ins irnport.:;nt information about your rights and our responsibilities under the Fair Credit Billing Act N"lJtity lJs in Case of Errors 01' Questions About Your Bill If you think your bill is ....Tong. or if you need more information about an entry on your bill, write us, on a separate sheet, at the foiio"'\iing addrc~: First Se1et.'t Corporation, P.O. Box 9l04. Pleasancon, CA 94566. Write to us as soon as possible. We must hear from you no later than 6Q days afterw~ ~enl you the [m,t bill on which the error or problem appeared. You can telephone us, bu~ doing so will not preserve your rights. en your lener, give us the following: Your name and A.;c:ount number. The doUar amount of the suspected error. Describe the om-or and explain, uyou can, why you believe: th<::r!:l 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 ~rrcr or .::xplain why we believe the biB was co';ect After we receive your letter. we cannot try to collect or rcrort you as delinquent ~ to any amount you question. including financ'!:l charges. We can apply any unpai.d amount aga~ yoU[: credit line. You do not have to pay any qu~tioned amount while we are investigating, but you :lre ~tjH obligated to pay the parts of the bill that are not 10 questIOn. If we !1nd that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount. lfwe 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 s~nd ).OU a statement of the amount you owe and the date thai it is due. If you f.ail to pay the llmOUnt we think you owe. we mav reportyotl as delimjlll.'nt However, ifuur explan.ation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay. we must teU anyone we report you to that you question your bill. j~nd we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has beensettl~d between us when it finally is. rrwe do not foHow these rules, we cannot colIt::ct the first S50 ofthe qu~stioned amount even if your bill was corr~ct. Special Rule for Credit C.:.ll.d Purchases If you helve a ~roblem with the quality or goods and ser\"il.:~s that ~'o.u pur<:hl1S~d with your FLEET B...l..:.--";K credit card <lnd you have tri~d in good faith to correct the problem With the me~chanr, you may not ha....e to p~y I.he remaulIng amounl d,-:~ on th.:: ,goods or 3er......ices. There are two limitJ.lions t,) this right: (a) y~)tL mu.st hav~ made the pllrchas~ 10 your hom~ state or, lfnot Wlthm your home stale, wlthm 100 tOties of your currcnt mailina address; and (b) the purchase price must h.:n:e been more than $50. Th<:s<: limiMions do not apply ifeilh<:rwe or FLEET BA.l'iK o\'\'n oroper~re them;:rcbn~ af ifw.:: or FLEET BANK mailed YOu th<: advertisement for the prop~rty or services. ~ Z590 "I"."I~, ~ , ,veI1A';;,,_ ., <l@;l;I~-.~<-""'" ~ \~ ~- .-:""'. ..." ~rv " , . , ;lll~h.h.~",~,oo,"'i~'W>M'_"JiS,,*~~iM$1rilfiJiiA11i~~V-" '::,-" -v . ~_.....~ .. ,J' ;., , .. ~ ~ ~ ~ I:! !i !: ,., i, :.! 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, INC. Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. THOMAS J GALLAS Defendant NO. 00-5407 PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above captioned matter. PARK LAW ASSOCIATES, P.C. BY'~. VALE E ROSENBLUTH PARK, ESQUIRE ATTORNEY FOR PLAINTIFF .'-"1lJl~[J " . . ~" ~ ~~''-''1'"'''' ". ~" .." _ .~~ I"'"' >.~ '''~ - -~,<." '0>' . . ",",,""""' '"'" """'~'''''.ir~'IIC'~ g 0 0 s:: 0 -n ;:RID 0 ....j n ;;!:i-.n z-rn ..... :n 'E ~i N -'-';f! -..J :}5? ~o ;or.. ~.~( , r-f' ~o ::Jt '-, -li 0 - ""'0 :s;~ - iSrll - ~ 0 ..... -< ~ ~ _._i;...,~~~_~Jij');;~iW<"i!'1!l'"~W':m-"~~~~~~i!Ill'l!~~~, ~.' -- , 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, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. THOMAS J GALLAS NO. 00-5407 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 attempt to serve the Defendant, THOMAS J GALLAS, on NOVEMBER 25, 2000, at his last known address located at 1402 BRADLEY DRIVE APT 312, CARLISLE, PA 17013 ,by United states certified mail, Article No. 7099 3400 0008 6902 5008, Return Receipt Requested, Postage Paid, with a true and correct copy of the Complaint which was filed in the Court of Common Pleas in the above captioned matter with the appropriate notice to plead as set forth in Pennsylvania Rules of civil Procedure. The United States Post Office attempted to serve the Defendant several times; however, the Certified Mail was returned to your deponent marked unclaimed, the original which is attached hereto, made a part hereof and marked Exhibit "A". That in accordance with the Order of Court, Valerie Rosenbluth Park, Esquire did serve the Defendant with a true and correct copy of the Complaint by United States Mail, Postage Paid, First Class on NOVEMBER 8, 2000. The Certificate of Mailing is attached hereto, made a part hereof, marked Exhibit "B". - "- ~ '" ^ BY: VALERIE ROSENBLUTH PARK, ESQUIRE Attorney for Plaintiff Pursuant to the Fair Debt Collections 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 said purpose. ,~ ,~'. ~" , . ...'"~~~~ ~- 1 1 ., " _I' "I , jl ;Jj f:: :11 ! I II , .1 -;) -'[ C!j' j~:j' ;j "i ',i :j : ;~ :'.! 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" i!:' .:.,' ~., ' 2 e!i.:.~~~~;4~.~: ~~.:~ti.~i:ti ~ ~1f.~t!':JM .._]f,-,"...;,'f.~:,': ~ ~~f?t~tfr E ." ..... o -. -. - . "-, en -"';'-'--,- -~'",-''''' .y~~, .~, 0. ~"ff:);{.~?f}ly;\~;fI::;~!~f":X1fkl=Ji?;;~t,~!:;?;!~J<;~f~'\'.S';;,~]f!;; :;;t"~'i~~'hE:t:~': '(:~Fi!,'/"J'_;T;:::,-'/i,":"?f;Y'" 'cc.,'",,,"'( ""(~'" -<.~,. , . " 2 a 0 0 ~n "'tJ;:!f 0 ,.4 ml1i ,.." ~~-n 2::0 ,-, '''r 25; , ::9m ~"'~ Cl'\ 96 <0 ""U :r:=H ~R :x s~(~ :;;;1:.: err om c: ~' .'-l N ~ ... " \, if , I j .~ _1IJR'IlfIlI~,_~JJ' ~ ,___ _m~~IY!""~!i\~'-1i.",.w~,~~''1-'''fi;W;''-'':''''n,n:'"'''~''i''-,"'Od'''i'.,~f{ffilWWW~:lo~iBlal\llfi",ilj'\-'Nt~~R~~'!lf~,,- '~;~"c- 't 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: 1402 BRADLEY DR APT A312 CARLISLE, PA 17013-1261 4168100004634372 CUMBERLAND COUNTY COURT OF CO~ON PLEAS FIRST SELECT CORPORATION Plaintiff VS THOMAS J GALLAS ! Defendant I PRAEcnr"", TO THE PROTHONOTARY: NO.00-5407 CV 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: $9,871.02 $1,678.00 $955,16 ($0.00) ($0.00) $12,504.18 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 orrect copy of the notice pursuant to Pennsylvania Rule of C' I Procedure No. 237.1 is attached hereto and marked Exhibi AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL VALER ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW,J '::1 ~ '\ J..f .loa / , , 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. """'I " ~ ,-- '" 'N'_"_~ _ "" r.,"___ G",~ ~. '4 PROTHON TARY 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. T""e"1~!~ "~ ,., VALERIE ROSENBLUTH PARK ATTORNEY LD, # 72094 PARK LAW ASSOCIATES,P.C. DRIVE 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348.5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE 1RUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD PLEAS~ON, CA 94588 DEF: 1402 BRADLEY DR APT A312 CARLISLE, PA 17013.1261 FIRST SELECT CORPORATION Plaintiff VS mOMAS J GALLAS Defendant NO, 00-5407 CV NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: mOMAS J GALLAS 1402 BRADLEY DR APT A312 CARLISLE, PA 17013.1261 DATE OF NOTICE: 12/11/00 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITmN 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. COURTADMlNISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR CARLISLE, P A 17013 (717) 240.6200 PARK LAW ASSOCIATES, P,C. BY: V ALERIEROSENBLUTH PARK, ESQ, cc: THIS IS AN ATTEMPT TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT k '"~ <.' -' ~ cc ~. 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: 1402 BRADLEY DR APT A312 CARLISLE, PA 17013-1261 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION , Plaintiff VS THOMAS J GALLAS Defendant NO. 00-5407 r:::v 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 THOMAS J GALLAS, Defendant is over 21 years of age; that his/her place of residence/business is located at 1402 BRADLEY DR APT A312 CARLISLE, PA 17013-1261 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 Soldie~s and Sailors Civil Relief Act of Congress of 1940 and its amen ments. PARK LAW ASS' CIA ES, P.C. BY: Valerie Rosehbluth Park Attorney for Plaintiff El0 '"', ,,...,~ ~'!i..;;,"~fi.\;)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: 1402 BRADLEY DR APT A312 CARLISLE, PA 17013-1261 CUMBERLAND CO~Y COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS THOMAS J GALLAS Defendant NO. 00-5407 CV 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 Qll District Justice Transcripts [ ] Judgment on Judgment Note [ ] Judgment on Writ of Revival [ ] Praecipe 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. 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