HomeMy WebLinkAbout00-08408
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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: 1 E MAIN ST
NEWVILLE, PA,17241-1110
4168100010413076
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC.
Plaintiff
VS
GUISEPPE BASILE
Defendant
NO.00-8408
PRAECIPiE FOR JUDGMENT
TO THE PROTHONOTARY: i
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:
TOTAL
$4,389.51
$746.00
$271.31
($0.00)
($0.00)
$5,406.82
PLUS ADDITIONAL COSTS
AMOUNT OF CLAIM
ATTORNEY FEES
PLUS ACCRUED INTEREST
LESS PRINCIPAL PAID
LESS OTHER PAYMENTS
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".
OSENBLUTH PARK,ESQUIRE
for the Plaintiff
AND NOW~ J~...) /7 , door , 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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P OTHONOTARY
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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. V AL~RIE ROSENBLUIH PARK
ATTORNEY !.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
CUMBERLAND COUNTYjCOURT OF COMMON PLEAS
I HEREBY CERmY TIiAT THE
TRUE AND CORRECT ADDRESS IS:
PLAINTIFF: 4460 ROSEWOOD
PLEASANTON, CA 94588
DEF: 1 E MAIN ST
NEWVILLE, P A 17241-1110
FIRST SELECT, INC.
Plaintiff
VS
GUISEPPE BASILE
Defendant
NO. 00-8408
NOTICE OF PRAECIPE FOR
ENTRY OF DEFAULT JUDGMENT
TO: GUISEPPE BASILE
1 EMAINST
NEWVILLE, P A 17241-111 0
DATE OF NOTICE: 12/27/00
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
TIIE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
WTIHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIIER
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
TIIE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR
CARLISLE, PA17013
(717) 240-6200
PARK LAW ASSOCIATES,P.C.
BY:~
~ ALERIE ROSENBLUTH PARK, ESQ.
cc:
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT Ii
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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: 1 E MAIN ST
NEWVILLE, PA 17241-1110
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC.
Plaintiff
VS
GUISEPPE BASILE
Defendant
NO. 00-84,08
VERIFICATION or 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 GUISEPPE
BASILE, Defendant is over 21 years of age; that his/her place of
residence/business is located at 1 E MAIN ST NEWVILLE, PA 17241-
1110 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 ASSOCI~
BY:val~nbluth Park
Attorney for Plaintiff
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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: 1 E MAIN ST
NEWVILLE, PA 17241-1110
CUMBERLAND
COURT OF COMMON PLEAS
FIRST SELECT, INC.
Plaintiff
VS
GUISEPPE BASILE
Defendant'
NO. 00-8408
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 QUESTIONS CONCERNING THIS NOTICE,
PLEASE CALL: Park Law Associates, P.C. at this telephone
number: (215) 348-5200.
1/17/6/
PR
PURSUANT TO THE
REQUIRED THAT WE STATE
TO COLLECT A DEBT. ANY
PURPOSE.
FAIR DEBT COLLECTION P ICES ACT, IT IS
THE FOLLOWING TO YOU. THIS IS AN ATTEMPT
INFORMATION OBTAINED WILL BE USED FOR THAT
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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
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC.
Plaintiff
VS.
GUISEPPE BASILE
Defendant
NOTICE:
NO. CO - J>1..16~
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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#:4168100010413076
CUMBERLAND COUNTY .COURT OF COMMON PLEAS
FIRST SELECT, INC.
4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
PLAINTIFF
VS
GUISEPPE BASILE
1 E MAIN ST
NEWVILLE, PA 17241-1110
DEFENDANT
11- _o-r~
NO. btJ- froY L.w-<-X
CIVIL ~CTION
I. The Plaintiff, First Select, iInc. 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, GUISEPPE BASILE, is an individual who resides
at 1 E MAIN ST NEWVILLE, PA 17241-1110,
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 4168100010413076.
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
THIS IS AN A'l'TEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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debt as agreed.
6. The Defendant is indebted to the Plaintiff in the amount of
$4,389.51 as of 09/07/2000, 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 $746.00.
WHEREFORE, Plaintiff demands that judgment be rendered in
favor of the Plaintiff, FIRST SELECT, INC. and against the
Defendant in the amount of $4,389.51, plus pre-judgment interest
at the contractual rate of 24.00% per annum from 09/07/2000 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $746.00, 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
THIS IS ~ ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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Defendant in the amount of $4,389.51, plus pre-judgment interest
at the contractual rate of 24.00% per annum from 09/07/2000 until
the date of the judgment herein, plus reasonable attorney's fees
in the amount of $746.00, 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.
ORDER FOR SERVICE
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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VERIFICATION
HEATHER KOOR~MAI\I
, declare that: I am
I;
a designated agent of FIRST SELECT, INC., 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
Date
Designated Agent
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F1RST SELECT EXHIBIT
IMPORTANT LEGAL NOTICE
Federnllaw gives you 30 days after you receive this letter to dispute the validity of the debt or any part of it If you do not dispute the validity of the debt, or any part of it, within
that period, we will assume that the debt is valid. If you dispute the debt, or any part ofa, in writing-by mailing us a notice to that effect on orbefort the 30th day following the
date you received this letter-we will obtain and mail to you proof (verification) of the debt And if, within the same period, you request in writing the name and address of the
original creditor (if different from the current creditor), we will furnish you with that information too. Ifwe do receive a timely written notice, all efforts to collect this debt will
be suspended until we mail any required infonnation to you. Your right to mail us a written notice of dispute lasts until the 30th day fOllowing the day you receive this letter.
We will wait until sufficient time has elapsed for us to be able to receive a written notice of dispute from you--even if you mail it on the 30th day following the date you received
this letter-before referring your account to an attorney in your state to file suit against you should it be necessary.
The purpose of this communication is to collect a debt; any information obtained will be used for collecting the debt.
ACCOUNT AGRFll'Mli:NT .
.&1;remi:Re;o-mng: Personal Infonnation. If you fail to fu1fill the terms of your
credit obligation, a negative credit report reflecting on your credit record may be
submitted to a credit reporting agency. In order to dispute any information we are
reporting about your Account, you must write to us: at the foUowing address: First
Select, P.O. Box 9104, Pleasant:on, California 94566. We mav share_information
with our affiliates including without limitation Providian National Bank and
Providian Bank. However. vou mavwriteto us at anv time instructine: us not to
share credit infonnation with our affiliates.
YOUR BILLING RIGHTS - KEEP TIns NOTICE FOR FUTURE USE
This notice contains imp.ortant information about your rights and our responsibilities
under the Fair Credit Btlling Act. ___ - -
Notify Us in Case orEnon or Questions About Your Bill
!fyou think your bill is wrong. or ifyau need more information about- an entry on
your bill, write us, on a separate, sheet, at the following address: First Select, P.O.
Box 9104, Pleasanton, California, 94566. Wril:e to us as soon as possible. We must
bear from you no I_than 60 days after we sent you the first bill on which the error
or problem appeared. Yau can telephone us, but doing so will not preserve your
rights.
, In the letter, give us the following:
, ~ Yournatne and Account number.
- The dollar amount of the suspected error.
- A description of the error and aD explanation. ifpossible, of why you believe
there is an error. If you need more information. describe the item you1ire not sure
about _ -
Your Rights and Ow:- Responsibilities After We Receive Y o~~Written Notice
We must acknowledge your letter within 30 days. unless we have corrected the ~or
by: then. Wirhin 90 days, we must either comet the error or explain why we believe
:the bill was correct. After we receive your letter. we cannot try to collect or report
you as delinquent as to any amount you question, including finance charges. We can
apply any unpaid amount against your credit line. You do not have to pay any
questioned amount while we are investigating, but you are still obligated to pay the
parts of the: bill that are not in question.
Ifwe find that we have made- a mistake on your bill, you will not have to pay any
finance charge-related to any questioned amount Ifwe did not make a mistake, you
may have to pay:finance charges, and you will have to make up the missed payments
on the questioned amount. In either case, we will send you a statement of the .
amount you owe. And the date that it is due. Jfyou fail to pay the amount we think
you owe, we may report you as delinquent.. However. if our exp~on does not
satisfY you and you write to us within 10 days telling us tbat you still refuse to pay,
we must teU. anyone we report you to that you question your bill. And we must tell
you the name- of anyone we reported you to. We must tell anyone we report you to
that the matter has been settled between us when iffina1ly is. Ifwe do not follow
these roles, we cannot collect the first $5Q of the questioned amount 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 \\~th
your CHASE credit card and you have tried in good faith to correct the problem Wlth
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 th~
purchase in your home state or, ifnot within your home state, within 100 mIles of
your current mailing address~ and (b) the purchase price must have been more than
$50. These limitations do not apply if either we or CHASE own or operate the
merchant, or we or CHASE mailed you the advertisement for the property or
services.
,Your CHASE account has been transferred to First Select Your CHASE account
i: Was closed at the time of this transfer and will therefore continue to be closed. This
i: ,*count Agreement contains the terms that govern your First Select account (the
i: I. Accountj. In this Agreement, "you" and "your" mean each person who is liable for
!i f)~yment on the Account. "We," "our," and "us" mean First Select or its assignees.
~ ~ your Account bas been transferred to us, you are now obligated to repay the
i! -*count to us instead of CHASE. If the Account was opened as a joint account, we
;: ~y act on the- instructions of any joint account holder.
~ ~ayment&lFimmce Charges. As-long as you, have tl balance outstanding on your
!I ~count, finance charges are calcu~ated as follows: _~._
il ~o figure the finance charges for each billing cycle, we multiply the average daily
~I b81ance on your account by a daily periodic rate. The daily periodic rate we apply is
~ YPur Account's Annual Percentage Rate divided by 365. The Annual Percentage
il Rate will be calculated as disclosed in your most recent CHASE account tenns (the
ii "()riginal Terms"). !fyour Original Terms provided for different Amtual Percentage
:i lUtes to be applied to different components of your ~ing balmu:e, we will
:1 ~pply the lowest such Annual Percentage Rate on your entire outstanding balance.
II We may accept late or partial payments, or payments marked "paid in full" or
:) marked with other restrictions,. without losing our right to coll~ all amounts owing,
II rlnderthis Agreement You may ask. First Select to pay your-Account bY',debiting
! Your checlcing or_ savin~ aCcount First Select will first v~ your identity and
:, ,~ligibility for this service. You may revoke your authorization by writing to. First
ii' _,~e1ect Customer Service. .
Fees. We will charge-your ACcciunt a fee for each billing cycle within Which your
Account is delinquent(1ate charge). The amount of the late charge,ill be as
disclosed in your Original Terms or the maximum late charge permitted b)o the law
9fyour state of residence; whichever is lower.
We will charge your Account a fee for each returned payment check (returned; check
6harge). The amount of the returned check charge will be as disclos~ in your
Original TenDS, 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 pennitted by
applicable law, in-addition to yoUr-obligations tl)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 attQmey's fees and
Court costs. -If your Original Terms provided fOt' an award of attorney's 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 or Certain Rights. We may delay or waive enforcement ofany
provision oftbis Agreement without losing our right to enfurce it or any other
provision later.
Applica.ble Law~ Severability. Assignment. No matter where you live, this
Agreement and your Account are governed by federal law and by the l:3w of the sta~e
designated as the applicable law in your Original Tenns. If your Original Terms d1d
. not contain an applicable law provision, then this Agreement and your Account are
-governed by federa.11aw and the law of your state of residence. This Agreem~nt is a
final expressionofthe agreement between you and ~ ~ may.not be co~cted:
by evidence of any alleged oral agreement.. If a pr.OVlSIOD of~ ~greem~ IS held to
be invalid or unenforceable, you and we w1l1 consl~ ~t proVlS1OD modifi~ t~
confonn to applicable law. and the rest of the pr-OVlSlOn m the Agreement WlIl stdl be
enforceable. We may transfer or .assign our right to all or some of your payments. If
sta,te taw requires that you receive notice of such an event to. protect the pur~haser or
the assignee, we may give you such notice by filing a fmancmg statement WIth the
state's Secret1lry of Sbte.
Customer Service. For general questions regarding your First Sel~ct account,
please call our toll-free service number, 1-888.924.2000. For quahty assurance
purposes, and to improve customer service and security, telephone calls to or from
our offices may be monitored or- recorded.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2000-08408 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST SELECT INC
VS
BASILE GUISEPPE
RICHARD SMITH
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
BASILE GUISEPPE
the
DEFENDANT
, at 0011:37 HOURS, on the 6th day of December, 2000
at 1 EAST MAIN STREET
NEWVILLE, PA 17241
by handing to
MARIA GONZ (EMPLOYEE)
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
Service
Affidavit
Surcharge
So Answers:
18.00
7.44
.00
10.00
.00
35.44
r~~<:~~-~
R. Thomas Kline
12/07/2000
PARK LAW ASSOCIATES
Sworn and Subscribed to before By:
me this / flY. day of
~ clcnriJ A.D.
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rothonotary , -~'