HomeMy WebLinkAbout00-06033
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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 INCORPORATED
Plaintiff
VB.
LEAH SENDI
Defendant
NO. DC> - t...o.3J (?iut -( {~
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
Carlisle, PA 17013
(717) 249-3166
(800)990-9108
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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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#:4168100008833376
CUMBERLAND COUNTY COFT OF COMMON PLEAS
FIRST SELECT, INC.
4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
PLAINTIFF
VS
LEAH SENDI
611 LOWTHER ST
LEMOYNE, PA 17043-2019
DEFENDANT
NO. tfo- {,o 33 CWJ 7U-
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, LEAH SENDI, is an individual who resides at 611
LOWTHER ST, LEMOYNE, PA 17043-2019.
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 4168100008833376.
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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
$3,937.80 as of 07/06/2000, plus pre-judgment contractual interest
at the rate of 24.00% 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 $669.00.
WHEREFORE, Plaintiff demands that judgment be rendered in
favor of the Plaintiff, FIRST SELECT, INC. and against the
Defendant in the amount of $3,937.80, plus pre-judgment interest
at the contractual rate of 24.00% per annum from 07/06/2000 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $669.00, less payments made, plus costs and any
other such relief as this Court deems reasonable and just.
COUNT I - ALTERNATIVE
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.
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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 $3,937.80, plus pre-judgment interest
at the contractual rate of 24.00% per annum from 07/06/2000 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $669.00, less payments made, plus costs and any
other such relief as this Court deems reasonable and just.
PARK LAW ASSOCIATES, P.C.
BY: In/l ----------
VAL E ROSENBLUTH PARK, ESQUIRE
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED
THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT
A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
I,
VERIFICATION
HEATHER KOOREMAN
, declare that as of
July 5, 2000: I am a designated agent of FIRST SELECT
INCORPORATED, the Plaintiff in this action, and I am duly
authorized to make this verification on its behalf. I have read
the foregoing complaint and know the contents thereof; that the
same is true of my own knowledge, except as to those matters
stated on information and belief and, as to those matters, I
believe them to be true. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
I declare under penalty of perjury that the foregoing are
true and correct.
Executed at Alameda County, in
of California.
Designated Agent
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F1RST SELECT
-----. .-- ., '-EXHIBIT'--~ 11
ACCOUNT AGREEMENT !] ~
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Your CHASEa~counl has been transferred to First Selo;:ct Corpor.ltion. Your CH..l.SE J.ccount was closed J.t tho;: time of this transter. and will therefore continue
to be closed.. 1?tis A",-count A.gTeement contains the tems that govern your first Se.lect account (the >>Account"). (n this Agreement. "you." ~d "your" mean e:1ch
person who IS hllble for payment on the Account "We." "our," "ours." and "us" me:m First Select Corporation or its a.s:signe.:s. BCQuse your Account has been
~fer:C:d to ~ y~u. are now obligated to repay the Account 10 us jnst~ of CHASE. lIthe Account W!l$ opened as a.joint account. we m4Y act on the
InstructIOns at any Jomt acc:ountholder.
Paym~nts I Fmance Charges. As long as you ha.ve il balance outsmnding on your Account.. finnnce charges are c:Llcufatcd as follows:
To fig;.tre the finance charges for each billing cycle. we multiply the J.ver:1ge daily bahmce on your Account by a daily periodic r:t1e. The daily periodic rate we
apply IS your ~ccount's Annual Percentage Rate divided by 365, The .4.nnual Percentage Rate will be calculated a.s disclosed in vour most recent CH..;sE account
terms (the "~ginal Terms"). If your Original Terms provided for diff~t Annual P~entage Rates to be applied to different components of your outstanding
balance, we wdl.a.pply the lowest such Annual Percentage Rate to your <mttre- outstandutg balanc.::.
We may, accept late or partial payments,. or pa)'ltlerlts marked "paid in full" or marked with other restrictions, without losing our right to coll~ct all amounts owing
under this Agreement.
F.ees. We: will charge your Account a fee for ench billing cycle within which your Account is delinquent (late charge). Th~ amount of the late charge will be as
dtsclosed in your Original Terms or th~ rna...amum late charge permitted by the law of your state: of residence, whichever is lower.
We will. charge your Account a fet: for each retUrned payment check (remrned check charge). The amount of the returned check charge win be a.t disclosed in
your Onginal Terms, or the ma.'o.mum retUrned check charge permitted by the law of your state of residence, whichever is lower,
To the e:rtent ~rovided in your Original Terms, and to the d'XIent pemrict.:d by applicaole law, in addition to yout' obligation tQ pay the outStanding balance on YQur
Account, plus Ulterest and fees as disclosed herein. we may also charge you for any coUection costs we incur, including but not limited lo reasonable anomeys'
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. W ~ may deLay or waive enforc~erJ! of any provision of this Agreement wilh.out losing our rightJo enforce jt ar any other
provision later, .
Appfic::J.bie Law; Severability; Assignment. No matter where you live. this Agreement and. your .~count are governed by federal law and by the law of the state
designated as the;,applicable law in- your Original Terms.. rryo~r Original terms did ,not containan applicable law prmision, then this A.greement and your
A6Cdunt7ifri:]?,Yeme'ij'by^:fedentHuw'jiId",the'~~;ofi.'.o.~:~i~~denc_~:~ .~~,tmk~;,~~*.e,':=Pf~~!"!p',~.!H~~~:B.1~~~~.~E.!u)Q..~,jlJ1d ~v _.....~....,.~' __.. ..
not be ,CCmtradlcted ,,~r evIdence of any alleged oral agreement 1f any provtSton of thIS Agreement lS' held to De In''~la-or unenrorce~-Yo'U8d:we"'WtU':Consl~~."': '~--=- -,~.,' ~".
that provision modifiid to conform to applicable'law;'~dthe rest of-the provisions in the' Agreement will 'still be enforceable. We may,transfer. at assign-our_ right.
to all or some of your payments. Ifsta.te,Iaw requires that you receive notice of such an event _to protect the purchaser or assignee, we may give you such notic:e .
bYfilinga~cing$tatemen:~thtbesta~~~s~_ecx:e~.ofState._' , , :
Cred~ RepD~g.,~ If-you fail to fillfjlI the-"~..9,fY9_U.~ ~i~ obli~~":o' a neg~ive ~dit re-port reflecting on your credit re:ord may be submitted to a credit -' -
repOItmg agency. In order to dispute any infoqOauon we are repottilig about your Account, you mUst Write to.us at theJollowmg.;tddress; F1ISt-S~:Iect" __
Corporation, P.O. Box 9104, Pleasanton, California, 94566.
YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE
This_notice contains important information about your rights and our ~esponsibilities under the Fair Credit BiIIing Act
Notify Us in Case or 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, ...mte us, on a separate sheet, at the fonowing J.ddress: First Sel~
Corporation. P.O. Box 9 104, 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 fust: bill
on which the error or problem appeared.. You can -telephone, us. but doing so will_not preserve your rights.
rn 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 <m'Or. lfyou need more infonnation, describe th~ it.m1 you are not sure about
Your Rights and Our Responsibilities After \Ve Receive YourWtitten :iotice
We must acknowledge your letter within 30 days, unless we have corrected the error by then. With~ 90 days, we must either correct th~ err\?r or e::=piain why w~
believe the bill was correct. A1kr w.: receive your letter, we cannot tr}. to collect or repol1 you as delInquent as to any amount you questlon, mcludmg 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.
If we flI1d that we made a mistake on your bill, vou will not have to pay any financ:e charge related to any questioned amount If we did not make a mistake. you
null' have- to-pay ti..'UUlce.char.g~._awi ,you wi~~s:..t9' m.ak~',~'p r.h~_~?_ p,a~e~ts OIl th~ q~esti~ed ,amount. In either. case, we will send ~ou a statemen~ of
the amount you owe and the date that it is due. If you fall to pay th~ amount we tfilIlk you owe, We may report you as delmquent; However, Ifo~r.:explana?on
does not satisfy you and you writ.: to us within 10 days teUing us that you still refuse to pay, we must t,:U anyone we report you to that you qU~lon y~ur_ btll. ,
And we must tell you the name of anyone we reponed you :0. We must t~1l anyone we repoIt,You to~at the mll.tterhas be~ sewed be['.ve~n us wh.:n It fmaHy IS.
If we do not follow th~e rules. we cannot collect the: ftrst 5,,0 of me 9yestlOned amount even tfyour bill was corrCl.:t..
Special Rule for Credit Card Purchases
lfyou have a problem with the quality of goods md s.:rvices ~ll.: you purchased with your CH.<.\SE c:edit I..":lrd md you ~....~ tri~d in gOQ? f~ith to correct the
problem with the merchant,. you may not have to pay the rem.:llnlOg :unounl dU7 o!, the goo.ds or ser.'lces. There ~7 [Wo llmlta~IOns to, thiS nght: (J.) y?U must
have made the purc:hase in your home state or, if not with~.y?urhome state. wIthlO 100 mtles of your current mll1~mg add:r~: and (bJ.the pUfI::hase pnce. must
have beat more than S50. These limitations do not :lpply 11 ~lther wo;: or CHASE own or opo;:rJ.te th~ merchant. or If we or CH.--\SE m:ulo;:d you the J.dvertlseme:'\l
lor the property or servictS.
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VALERIE ROBENBLUTH PARK
ATTORNEY I.D. # 72094
PARK LAW ASSOCIATES, P.C.
25 EABT STATE BTREET
DOYLEBTOWN, PA 18901
(215) 348-5200
ATTORNEY FOR PLAINTIFF
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I HEREBY CERTIFY THAT THE
TRUE AND CORRECT ADDRESS IB:
PLAINTIFF: 4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
DEF: 611 LOWTHER BT
LEMOYNE, PA 17043-2019
4168100008833376
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRBT SELECT INCORPORATED
Plaintiff
VB
LEAH SENDI
Defendant
NO.00-6033
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
TOTAL
$3,937.80
$669.00
$264.10
($0.00)
($0.00)
$4,870.90
PLUS ADDITIONAL COSTS
I CERTIFY THAT THE FOREGOING ASSEBBMENT OF DAMAGES IB FOR
BPECIFIED 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".
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VALk ROBENBLUTH PARK, ESQUIRE
Attorney for the Plaintiff
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, AND NOW, t),J. ,;;2? , 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.
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PROTHONOTARY /k!-L
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICEB ACT, IT IS
REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT
TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE UBED FOR THAT
PURPOSE.
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VALERIE ROSENBLUTH PARK
ATTORNEY J.D. # 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
TRUE AND CORRECT ADDRESS IS:
PL~F:M60ROSEWOOD
PLEASANTON, CA 94588
DEF: 611 LOW1HER ST
LEMOYNE, PA 17043-2019
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT INCORPORATED
Plaintiff
VS
LEAH SENDI
Defendant
NO. 00-6033
NOTICE OF PRAECIPE FOR
ENTRY OF DEFAULT JUDGMENT
TO: LEAH SENDI
611 WWTHERST
LEMOYNE, PA 17043-2019
DATE OF NOTICE: 10/3/00
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAllED 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 LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGlITS. 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 FOLWWING 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:~~ ~/
V E ROSENBLUTH PARK, ESQ.
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT
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VALERIE ROSENBLUTH PARK
ATTORNEY I.D. # 72094
PARK LAW ASBOCIATES, 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: 611 LOWTHER ST
LEMOYNE, PA 17043-2019
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST BELECT INCORPORATED
Plaintiff
VS
LEAH BENDI
NO. 00-6033
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 LEAH SENDI,
Defendant is over 21 years of age; that his/her place of
residence/business is located at 611 LOWTHER ST LEMOYNE, PA 17043-
2019 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 LAW ASSOCIATEB, P. C ~.
BY: ~~
ValerIe Rosenbluth Park
Attorney for Plaintiff
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VALERIE ROSENBLUTH PARK
ATTORNEY I.D. # 72094
PARK LAW ASSOCIATES, P.C.
25 EAST STATE STREET
DOYLEBTOWN, PA 18901
(215) 348-5200
ATTORNEY FOR PLAINTIFF
I HEREBY CERTIFY THAT THE
TRUE AND CORRECT ADDREBB IS:
PLAINTIFF: 4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
DEF: 611 LOWTHER ST
LEMOYNE, PA 17043-2019
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRBT BELECT INCORPORATED
Plaintiff
VS
LEAH SENDI
NO. 00-6033
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
IF YOU HAVE ANY QUESTIONB CONCERNING THIS NOTICE,
PLEASE CALL: Park Law Associates, P.C. at this telephone
number: (215) 348-5200.
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.
.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-06033 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST SELECT INCORPORATED
VS
SENDI LEAH
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
SENDI LEAH
the
DEFENDANT
, at 0016:42 HOURS, on the 12th day of September, 2000
at 611 OWTHER STREET
LEMOYNE, PA 17043-2019
by handing to
LEAH SENDI
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
9.92
.00
10.00
.00
37.92
~~~"e~'
R. Thomas Kline
Sworn and Subscribed to before
09/13/2000
PARK LAW ASSOCIATES
By, ~#~
Deputy he ~ff
me this /se day of
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VALERIE ROSENBLUTH PARK, ESQUIRE
Attorney I.D. #72094
PARK LAW ASSOCIATEB, P.C.
25 E. Btate Btreet
Doylestown, PA 18901
(215 348-5200
ATTORNEY FOR PLAINTIFF
FIRST BELECT CORPORATION
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff
VB.
LEAfl BENDI
Defendant
NO. 00-6033
PRAECIPE TO MARK JUDGMENT SATISFIED. SETTLED. DISCONTINUED AND
ENDED
TO THE PROTHONOTARY:
Kindly mark the above captioned matter satisfied upon payment
of your costs.
PARK LAW ASSOCIATES, P.C.
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