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Home My WebLink About01-1583 FX ,_i, .',,-,' , - -""':,~ , Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 FIRST SELECT, INe. 4460 Rosewood Drive Pleasanton, CA 94588 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff v. CIVil- ACTION - LAW ERIC K MASSEY 154 S HANOVER ST APT 2 CARLISLE, PA 170133418 NO. DI-/!dC:< ec.;i c~ Defendant COMPLAINT - CIVil- ACTION NOTICE TO DEFEND A VISO You have been sued in court, If you wish to defend Le han demando a usted en la corte, Si usted quiere defenderse against the claims set forth in the following pages, de eslaS demandadas expuestas en las paginas signentes, nsted you must take action within twenty (20) days after tiente veinte (20) dias de plaza al partir de la fecha de la this complaint and notice are served, by entering a demanda y la notification. Hace falta asenlar una comparencia written appearance personally or by an attorney and escrita on en persona 0 con un abogado y entregar a la corte fuing in writing with the court your defenses or enforma escritas sus objectiones a las demandas en contra de objections to the claims set forth against you. You su persona. Sea avisado que si nsted no se defende, la corte are warned that if you fail to do so the case may tomara medidas y puede continuar la demanda en contra suya proceed without you and a judgment may be entered sin previo aviso 0 notification, Ademas, la corte puede decidir against you by the court without further notice for a favor del demandante y requiere que usted cumpla con todas any money claimed in the complaint or for any other las provisiones de esta demand.. U sted puede perdes dinero 0 claim or relief requested by the plaintiff. You may us propriedadedsu otros derechos importantes para nsted. lose money or property or other rights important to you. LLEVE ESTA DEMANDA A UN ABOGADO YOU SHOUlD TAKE TInS PAPER TO YOUR INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO LAWYER AT ONCE. IF YOU DO NOT HAVE A TIENE EL DINERO SUFFICIENTE DE PAGAR TAL LAWYER OR CANNOT AFFORD ONE, GO TO OR SERVICIO, V AYA EN PERSONA 0 LLAME POR TELEPHONE THE OFFICE SET FORTH BELOW TO TELEFONO A LA OFFICINA CUY A DIRECCION SE FIND OUT WHERE YOU CAN GET LEGAL HELP. ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave Carlisle, PA 17013 (717) 249-3166 ASSOCIACION DE LICENCIADOS DE CUMBERLAND 2 Liberty Ave Carlisle, PA 17013s (717) 249-3166 -"" 1< '. ~,_. _ ~, M. ,-. .~:.... '. Ron Z. Opher, Esquire Attorney for Plaintiff Attorney #57507 P.O. Box 2245 Southeastern,PA 19399 (610) 902-0530 FIRST SELECT, INC. 4460 Rosewood Drive Pleasanton, CA 94588 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff v. ERIC K MASSEY 154 S HANOVER ST APT 2 CARLISLE, PA 170133418 No. 01- /Sf3 {!;vcf~ Defendant COMPLAINT - CIVIL ACTION COUNT ONE 1. The Plaintiff herein is FIRST SELECT, INC., a Delaware corporation located at 4460 Rosewood Drive, Pleasanton, CA94588. 2. The Defendant herein is ERIC KMASSEY, an adult individual located at 154 S HANOVER ST APT 2, CARLISLE, PA 170133418. 3. Plaintiff is the owner of Defendant's credit account number 4168100012869903. 4. The Defendant, at all times relevant hereunder, knowingly requested the funds at issue, and knowingly and voluntarily accepted the benefits bestowed and the terms and conditions linked thereto. 5. The balance due and owing on said account as of February 26, 2001 was $10143.85. A true and correct copy of an account summary is attached hereto and marked Exhibit lIA", 6. Under the terms of the parties' agreement, additional interest has accrued, and continues to accrue, from February 26, 2001, at the rate of 18.00% per annum. A true and correct copy of the relevant account agreement terms is attached hereto and marked Exhibit "B". 7. In addition, Defendant agreed to be liable for Plaintiffs actual costs of collection, including court costs and attorney's fees. See Exhibit "B". ." ~ ." ~~ . - . : ~,"'. _ 1 ~', ,~ 8. The actual attorney's fees in this case are contingent on recovery, at 10% of amounts recovered before entry of judgment and 30% of amounts recovered after entry of judgment. 9. Plaintiff has in all respects fulfilled all conditions precedent to its obligations on the contract and for bringing this Complaint for damages. 10. There is no offset known to Plaintiff on the amount set forth in Paragraph 5. 11. Despite repeated demand by Plaintiff, Defendant has refused and continues in failure and refusal to pay Plaintiff. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of $10143.85, plus interest at the contract rate of 18.00% per annum commencing on February 26, 2001, plus attorney's fees at the rate of 10% pre-judgment/30% post-judgment, and costs of this action. COUNT TWO Plaintiff also claims alternatively on the basis of quantum meruit or Quasi Contract. 12. Paragraphs 1 through 11 above are incorporated herein by reference as though fully set forth. 13. Plaintiff was neither a volunteernor an officious intermeddler. 14. Plaintiff is the owner of said credit account. 15. Plaintiff expected payment from the Defendant for said credit in the amount set forth above. 16. The amount claimed is the fair and reasonable market value for said credit. WHEREFORE, Plaintiff demands judgment in its favor against Defendant, in the amount of $10143.85, plus interest at the contract rate of 18.00% per annum commencing on February 26, 2001, plus attorney's fees at the rate of 10% pre-judgment/30% post-judgment, and costs of this action. Dated: March 16, 2001 BY ~ Ron Z. Opher, Esquire Attorney for Plaintiff -,~-" ....... ~,~ KAMAL ROY , TCSI 001 CODE IHB ACCT 4168100012869903 CYCLE 25 AGENT 0254 ( 12 MONTH HISTORY ) ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: SCREEN SELECTION ( 1 2 1 4 ) => MASSEY ERIC K CURRENT (01) 02/26/01 (02) 01/25/01 (03) 12/26/00 (04) 11/27/00 PAYMENT 0 I 0 I 0 0 0 .00 I .00 I .00 .00 .00 MIN PYMT 203 . 00 I 203.00 200.00 393.00 387.00 PURCHASE 0 I 0 I 0 0 0 .00 .00 .00 .00 .00 CASH ADV 0 I 0 I 0 0 1 .00 .00 I .00 .00 9,682.79 CREDITS 0 I 0 0 0 0 .00 I .00 I ,00 .00 .00 MISC CHG 0 I 0 I 0 0 0 .00 I .00 I .00 .00 .00 INS FEE .00 .00 I .00 .00 .00 LATE CHG .00 I .00 I .00 20.00 .00 OVRL FEE .00 I .00 I .00 .00 .00 PURC F/C .00 I ,00 I .00 .00 .00 CASH F/C 441.06 I 157.28 I 145.30 138.48 .00 LIMIT 1. 00 I 1.00 I 1. 00 1.00 1. 00 BALANCE 10,143.85 I 10,143.85 I 9,986.57 9,841.27 9,682.79 .,........................, ,..... ........... ......,........,..... .......... ,., .,.........................,.........................'.....,..... ..,.......,.. '",- ].IlI~_ili:iW;c\ ~I " , 1\ ijT\'j ,i<i,,,,"~""'~" " - ~" ~"~ L',,, .~,~. FIRST SELECT ACCOUNT AGREEMENT Your SUN TRUST account has been transferred to First Select Corporation. Your SUN TRUST account was closed at the time ofUns transfer and will therefore continue to be closed, This Account Agreement contains the terms that govern your First Select accourrt (the "Account"), In this Agreement, "you" and "yourll mean each person who is liable for parment on the Account. llWe," "our," "ours," and "us" mean First Select Corporation or its assignees. Because your Account has been transferred to us, you are now obligated to repay the Account to us instead of SUN TRUST. If the Account was opened as a joint account, we may act on the instructions of any joint accountholder. \ Payments I Finance Charges, As long as you have a balance outstanding on your Account, finance charges are calculated as follows: To figure the fmance charges for eachibilling ,cycle, we multiply the average daily balance on your AccOlmt by a daily periodic rate, The daily periodic rate we apply is your Account's Annual Percentage Rate divided by 365, The Annual Percentage Rate will be calculated as disclosed inyour most recent SUN TRUST account terms (the "Original Terms"). If your Original Tenns provided for different Annual Percentage Rates to be applied to different components OfYOllf outst~nding balance, we will apply the lowest such Annual Percentage Rate to your entire outstanding balance. We may. accept late or partial paymen~, or payments mar~ed "paid in ~ll" or marked w~~ other restri~ons, with?ut losing our ri~ to collect all amounts owing under thtS Agreement You may ask First Select Corporation to pay this account by debiting your-checking or savmgs account FU'S1: Select Corporation will first verifY your identity and eligibility for this service. You may revoke your authorization by writing to First Select Corporation Customer Service. Fees, We will charge your Account a fee for each billing cycle within which your Account is delinquent (late charge), The amount of the late charge will be as disclosed in your Original Terms or the maximum late charge permitted by the law of you? state of residence, whichever is lower, We will charge your Account a fee for each returned payment check (returned check charge). The amount of the returned check charge will be as disclosed in your Original Terms, or the maximum returned check. charge pennitted by the law of your state of residence, whichever is lower. To the extent provided in your Original Terms, and to the extent pennitted by applicable law, in addition to your obligation to pay the outstanding balance on your Account, plus interest and fees as disclosed herein, we may also charge you for any collection costs we incur, including but not limited to reasonable attorneys' fees and court costs, If your Original Tenns provided for an award of attorneys' fees and court costs, such provision as incorporated herein shaU apply reciprocally to the prevailing party in any lawsuit arising out of this Agreement. . Non-Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agr~ent without losing our right to enforce it or any other provision later, Applicable Law; Severability; Assignment. No matter where you live, this Agreement and your AccoUnt are governed by federal law and by the law of the state designated as the applicable law in your Original Terms, If your Origip,~J teOllf! ~~ not co$~ an applicable law provision, then this Agreement and your Account are governed- by federal law-and the law of-your state of residence. This Agreement is a final expression of the agreement between you and us and may not be contradicted by evidence of any alleged oral agreement, If any provision' of this Agreement is held to be invalid orunenforceable, you and we will consider that provision modified to conform to applicable law, and the rest of the provisions in the Agreement will still be enforceable, We may transfer or assign our right to all or some of your payments. If state law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a fmancing statement with the state's Secretary. of State. Credit Reporting; Personal Infonnation, If you fail to fulfill the tenns of your credit obligation, a negative credit report reflecting on your credit record may be submitted to a credit reporting agency, In order to dispute any information we are reporting about ~our Account, you must write to us at the followin$ address: First Select Corporation, P.O. Box 9104, Pleasanton, California, 94566. We may s/tare i"l9mtatum lVith InR' a/liliatu inclJlJing. "With9rd limaatl9n, Pr9"iJian Nati9nalBank anJPr9"iJian Bank, Huwc"er,Y9umay....,.itet9 flS at any time instructin, us nott"snare creJitinf9rmati9n with 9'" aJ1Uiatu, YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act. Notify Us in Case of Errors or Questions About Your Bill Ifyoll think your bill is wrong, or if you need more infonnation about an entry' on your bill, write us, on a separate sheet, at the following address: First Select Corporation, P.O. Box 9104, Pleasanton, CA 94566. Write to us as soon as possible, We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared You can telephone us, but doing so will not preserve your rights, In your letter, give us the following: . Your name and Account number. . The dollar amount of the suspected error, . Describe the error and explain, if you can,-why you believe there is an error. If you need more information, describe the item you are not sure about. Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we carmot try to collect or report you as delinquent as to any amount you question, including fmance charges. We can apply any unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of the bill that are not in question, Ifwe find that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount Ifwe did not make a mistake, you may have to pay finance charges, and you will have to make up the missed payments on the questioned amount, In either case, we will send you a statement of .the amount you owe and the date that it is due. If you fail to pay the amount we Ulink you owe, we may report you as delinquent. However, if onr e,.,..plana~ion does not satisfy you and you write to us witlnn 10 davs telling us Utat you still refuse to pay, we must tell anyone we report you to that you question YOllr bIll. And we must tell you the name of anyone we reported you to, We must tell anyone we report you to that the matter has been settled between us when it fmally is, Ifwe do not follow these nIles, we cannot collect the first $50 of the questioned amount even if your bill was correct. Special Rule for Credit Card PllrclUlSes If you have a problem with the quality of goods and services that you purchnsed with your SUN TRUST credit card and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services, There are two limitations to this right: (a) you must have made the purchase in your home state or, ifnot within your home stale, within 100 miles ofyonf current mailing address; and (.b. ). the....purc.h...". so p.riC~"t have been more than $50. These limitations do not apply if either we or SUN TRUST own or opcrnte the merchant. or- ifwe ,or-~UN"TW,S;~_e41P e, ! advertisement for the property or services, . "; :1';'::'~i It I !~,\ w '_L F5005 " ., (\{,/1 . . """''''~~j VERIF1CA nON .DELORES CHAAL.f.S I, , hereby state: 1. I am an authorized agent of the plaintiff in this action; 2. I verify that the statements made in the foregoing Complaint - Civil Action are true and correct to the best of my knowledge, information and belief; and 3. I understand that the statements in said complaint are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. jJk~ DELORES CHARLES MARCH 15, 2001 DATED: '!:!i~~~~~",l:i"~2;~~-il,,,"riik"iC-';:'Y!l'Ei;&e~ltM'h~""~:"',"~",""'<::ti,1!ili;'''''''JT.'Ikt,''''-''ili1.,*,M~lllW!llIitHlliii:lli:lll'>1itl1-~~" '~~~il ,-= 1l11i1iiiii1ii11,'; " " ~ ~ ~ ~ @ ~ 0 0 0 C -." h ~ C> s: ::x: --, ..... '""00:; :p.. .-. -:~, - t5 8 Cl mrr ;;0 '<if::"::: Lv 2:]:1 ::8~~T':; (> zc ~ ~~Z ,L) cJ L~ ~ b ~O -0 ~,~~ ~ ~O 3: .....J -=0 w -;~:; en iE ~ )>C ,---, ~ ,:.,:, > :0 (T> -< f: ~ ~~ Ir,~~lrn___,';'\H,L~r- _"'"_,~"_~".~" ,~." "=,,,"~~"'T!t-, .., 'iP~ .,<'~' _,""",~k,_~___,," M' ,,~_ y' ,=_'_ ". -,- -- .!mJ ";:1 i ..-, '- '& SHERIFF'S RETURN - REGULAR CASE NO: 2001-01583 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS MASSEY ERICK K GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MASSEY ERIC K the DEFENDANT , at 0012:39 HOURS, on the 6th day of April , 2001 at CUMB. CO. SHERIFF'S DEPT 1 COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to ERIC K. MASSEY 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 18.00 3.10 .00 10.00 .00 31.10 So Answers: ~~~~~ f{. Thomas Kline \ 04/09/2001 RON Z. OPHER Sworn and Subscribed to before me this // ~ day of BY:~ t)~ Deputy S iff nn,.{J :J/rfJ I A.D. UCk h, Q ~ 4 othonotary ,~~ , ~ 0 ii!i.J ~ . .. -" '< -.., ~ ,;....- -j,o-- -,,":~"-o.;."''---''11riir'("'-- r-,'::~,^,J , . Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 FIRST SELECT, INC. 4460 Rosewood Drive Pleasanton,CA 94588 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff v. CIVIL ACTION - LAW ERIC K MASSEY 154 S HANOVER ST APT 2 CARLISLE, PA 170133418 NO. 01-1583 Defendant PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, FIRST SELECT, INC., against Defendant, ERIC K MASSEY, for want of an answer. Assess damages as follows: Debt Interest (per contract and complaint) Attorney's Fee (per contract and complaint) TOTAL $10143.85 $456.47 $3180.10 $13780.42 (Plus 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 after the default occurred and at least ten days prior to the date of the filing of this praecipe. Copies are attached. R.C.P.237.1 /Ow Ron Z. Opher, Esquire ill #57507 Attorney for Plaintiff AND NOW fY? ~ M I ( ., 20 0 I , Judgment is entered in favor of FIRST SELECT,INC:, agains Defendant, ERIC K MASSEY, by Default for want of an answer and damages assessed at the sum of Thirteen Thousand Seven Hundred Eighty Dollars And Forty Two "'"" ($13780.42) ,1m 00", $ '" th, """, "",""",00. ~ {Lnb- ~ J! Prothonotary --- ~ l ~~" " ~~. ~-',." ---,-~ -~ ~~"mJiiIiiiiiJ!,~ i OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE 1 Courthouse Square Carlisle, PA 17013 TO: ERIC K MASSEY 154 S HANOVER ST APT 2 CARLISLE, PA 170133418 FIRST SELECT, INC. 4460 Rosewood Drive Pleasanton, CA 94588 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff v. CNIL ACTION - LAW ERIC K MASSEY 154 S HANOVER ST APT 2 CARLISLE, PA 170133418 NO. 01-1583 Defendant NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Default Judgment has been entered against you in the above proceeding. Prothonotary IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL RON Z. OPHER, ESQUIRE, at 610-902-0530. ,~ ' . , .' "'" - -~ ~-'" , - -~ ~" ~_c ie1' . Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 First Select, Inc. 4460 Rosewood Dr. PI~anron,CA94588 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff v. CIVIL ACTION - LAW ERIC K MASSEY 154 S HANOVER ST APT 2 CARLISLE, PA 170133418 NO. 01-1583 Defendant TO: ERIC K MASSEY 154 S HANOVER ST APT 2 CARLISLE, PA 170133418 DATED: Apri127,2001 IMPORT ANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE 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. LAWYER REFERRAL SERVICE Court Administrator's Office Courthouse, 4th Floor 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 U.S. POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here in stamps MAY BE usee FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT or meter' pO$tag~ and PROVIDE FOR INSURANCE-POSTMASTER post mark. Inquire of /<_. ..... stmaster tor current /~<S\~\t: \'--. (,\ (c.y ~.' I i-.f~i'" \"5 , " l h"-' ~~ .,- ~ 'J Aecei Ron Z. Opher. Esq, P.O. Box 2245 Southeastern. PA 19399 \. '-'~ on~'r rZn'lt flCis5 e J !; ~ 51a.YLO VW1<;+. firt. d. (,0,:( i5/ J PA 110[3"3'-1/$ PS Form 3817, Mar. 1989 '"' -'-',- "'-'''. - 'dj" ,,,' '-""-'t~'i ,. ". ."' "-, '. 'U' liJi'.ml_df!ltc.mf.:~ FIRST SELECT, INC. 4460 Rosewood Drive Pleasanton, CA 94588 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff v. CIVIL ACTION - LAW ERIC K MASSEY 154 S HANOVER ST APT 2 CARLISLE, PA 170133418 NO. 01-1583 Defendant CERTIFICATION OF ADDRESSES AND AFFIDA VII OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS I, Ron Z. Opher, Esquire, being duly sworn according to law, depose and say that I am the attorney for Plaintiff and I am authorized to make this affidavit on Plaintiffs behalf. I hereby certify that the address of the Plaintiff is 4460 Rosewod Drive, Pleasanton, CA 94588. Defendant's address is 154 S HANOVER ST APT 2, CARLISLE, PA 170133418. In addition, Defendant is not in the Military Service of the United States, nor any State ot Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 or the amendments thereto. I verify that the statements made in the foregoing certification and affidavit are true and correct to the best of my knowledge, information and belief; and I understand that the statements in said certification and affidavit are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. DATED: May 8, 2001 ~ BY: Ron Z. Opher, Esquire ~jI4Iilh~ll1~t.<k+ct!iI"'i>~rm~lrt;i:W.;;li,r~),,~ill'6i"'t~.f;;'_ ~",""Jl'it,~&fi,~,f;'.',;o,,'" ~.~,t"-~'<-i'c1"};';"<\lli,,~"'~<iliill,~~wif~1U:!m_~~j"ijM"I~~ Jjjj N ,-_,-,j;!}__if< ~'";}.~ ~.Jr1~r ~-,l ,L:l~::,~',:;,_~_~ ,~Qn;f'~~i'" l;'I.U-,JJJ,.11\,,;-;:;, ,,~,',W ",,';;'7;','_-50__, '_-'_"~"'-'~',~~ ,_ ',_ c?;:;> ~1f:- ~' :-:: 3 -? ~ f' ~-....i K ',-, (.) ~ ~ ~ ~ & ~~ ~ " ~~ '<il>idlSMlAiii ,.' 0 C) c :?" :J-'= -0 c__, ::'3'" nl [- --, Z '7) , , -,. C' /... 2J(~ -"'\) <: :2; (j ( " ~c: ~,} "'=~ )>-'" ~- -" z '.1;>- -':j "0 ~TI -<. \0 :< !! "1- ~ "-'~J .-~ ~-.... t Ron Z. Opher, Esquire Attorney for Plaintiff A ttorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 First Select, Inc. 4460 Rosewood Dr. Pleasanton, CA 9&.fS-BB IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW Plaintiff v. ERIC K MASSEY 141 N. BEDFORD ST. CARLISLE, PA 170133418 NO. 01-1583 Defendant PRAECIPE FOR WRIT OF EXECUTION - MONEY JUDGMENTS TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above matter, directed to the Sheriff of I nA01?HJbJ 'County, PA; (1) against Pennsylvania State Employees Cu, located at One Credit Union PI. Harrisburg, PA 17110, as Garnishee. and index this writ against ERIC KMASSEY, Defendant as a lis pendens against the real property 0 the Defendant. AMOUNT DUE: $13780.42 POST -JUDGMENT INTEREST FROM May 11,2001 (@6% per annum) $826.83 TOTAL $14607.25 PLUS COSTS BY: Ron Z. Opher, Esquire Attorney for Plaintiff lD#57507 ~ ,~!"""",,'''<'5';;-;i~M>-",IHlifu'i-LM;'~,",, "-' '--~IIM!fM~i!;IH-';"" p'J"'J."-'~'_I~ ~.iIiIliBiiiiWJ;Il.!Iil ","%C'~~;"",,,,,;')f&;-~~"s;j""O>I_~,,"..~I..ld '"i!.d.tl" -, !!OJ "",., ~', " " ~-... ""'-'"'iIIlIiIiIiIlIII:: . ,....... , - "'<t C> ~ w h w ~ ';'0 "- 1l (.) <<t ~ ~ - () 'i :~ ('- () 0 ~ ;--.. 0 D ~ 0 (~ 0 , 1'-> 7j ~ ....... C j I I (:)f! -~ "'" n_l f" "'O"tXl -0 -r. & l'11-r1l :::0 -;-l"i::G ~ F , , r~'~ -J::: ~ 2;;0 ~~? ~ ::, ... , 635: 0> ...... ~ ::, "' '''-..--, =-<.c ~~ ~ '-C' "'" - .. , ~ - 5>c::. ::0: ~~?O - ~ , 2 / "' )>:0 ~ /;srr, C ~ 2 r..-.) =< .1:- -< :~ ;~,iij . _,_~.I,!....,b~>~. Jf"'~-,,,,,,,, . ",v'..ci _or T;~ j]I,jLi'i""~~' ,>>;"~ _, - ~ f1!JlI!li!tiH~_~,.~~" ,-Z'. . ~1i~h.;8,:I,\lr~),_ ~1.l!L"t~ ". ~,.A"" ~_ .~ ,. ,,_ __~~ _~_ ""_"',_e__',~'''' - .,.- . ",-':'<1; ~ ~-~ ~ ~ ~ ,-~~_.~'" _. -~ lI!IIll ""'''--": . 1 ~TOFEXECUTIONan~orATTACHMENT f COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 01-1583 Civil CIVIL ACTION - LAW TO THE SHERIFF OF DAUPIDN COUNTY: To satisfy the debt, interest and costs due FIRST SELECT, INC., Plaintiff (s) From ERIC K. MASSEY, 141 N. BEDFORD ST., CARLISLE, PA 17013 (I) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of PENNSYLVANIA STATE EMPLOYEES CU, LOCATED AT ONE CREDIT UNION PL., HARRISBURG, PA 17110 AS GARNISHEE GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is e'\joined as above stated. Amount Due $13,780.42 L.L. $.50 Interest FROM 5/11/01 (@6% PER ANNUM) $826.83 Atty's Comm % Due Prothy $1.00 Atty Paid $103.60 Other Costs Plaintift Paid Date: APRIL 16, 2002 CURTIS R. LONG Prothonotary, Civil Division REQUESTING PARTY: Name RON Z. OPHER, ESQIDRE Address: P.O.BOX 2245 SOUTHEASTERN, PA 19399 Attorney for: PLAINTIFF Telephone: 610-902-0530 Supreme Court ill No. 57507 By. ~~ L P, 7r;n7~;; ?J~ --'-' " ~ ~~J"'''; -'"'-"~f>: . ",,'- " "e.,.."" q34 NT (;)OO~ , ' t Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 P~O. Box 2245 Southeastern, PA 19399 (610) 902-0530 First Select, Inc. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW v. ERIC K MASSEY NO. 01-1583 Defendant and Garnishee 0_-:-1 ir/'::.''';:- ::r: ::~~ -- "",,-,'" ~ ~ S ".::; '~.;fi'0 _c-o ','Cl,re-, ~:J r'r7;::- -~~j c;.r;:.- _-',-~' 17 t:J Pennsylvania State Employees Cu ~ "':'::0.,;.._-- _,,1 p~~ 40 INTERROGATORIES IN ATTACHMENT TO: Pennsylvania State Employees Cu , garnishee D ~..) (:) i\J You are required to file answers to the following interrogatories within twenty (20) days after service upc you. Failure to do so may result in a default judgment against you. 1. At the time you were served with the writ of execution, or at any subsequent time, did you owe either defendant any money, or were you liable to any defendant on any negotiable or other written instrument, did any defendant claim that you owed him/her any money or were liable to him/her for any reason? If s( please explain and identify further the nature of this property and its location. No. 2. At the time you were served with the writ of execution, or at any subsequent time, or at any previous time, was there in your possession, custody or control any property of any nature owned solely or in part by any defendant? If so, please explain and identify further the nature of this property and its location. No. 3. At the time you were served with the writ of execution, or at any subsequent time, did you hold legal title to any property of any nature owned solely or in part by any defendant or in which any defendant hel or claimed an interest? If so, please explain and identify further the nature of this property and its locatio No, 4. At the time you were served with the writ of execution, or at any subsequent time, did you hold as fiduciary any property in which any defendant had an interest? If so, please explain and identify further t natw'e of this property and its location. No. 5. At the time you were served with the writ of execution, or at any subsequent time, did any defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent? If so, please explain and identify further the nature of this property and its location, as well as the consideration given therefor. No. 6. At the time you were served with the writ of execution, or at any subsequent time, did you pay, transf or deliver any money or property to any defendant or to any person or place pursuant to any defendant's \ , >~, ~, >' ,. -4' . I direction or otherwise discharge any claim of any defendant against you? If so, please explain and identil further the nature of this property and its location, as well as the consideration given therefor. fiJ.o 1\t the time you were served with the writ of execution, or at any subsequent time, did you have any s deposit boxes, pledges, documents of title, securities, notes, coupons, receivables, collateral, checking, savings, tax or other accounts or deposits in which any defendant had an interest? If so, please explain an identify further the nature of this property and its location. Yes. ~ Ron Z. Opher Attorney for Plaintiff " S1 Regular Shares S4 Checking Shares $ 36,59* $278.22 *$5,00 Membership Fee hela in Regular Shares. ,:%~.u.wiit~b~'Jhti""",J;i!1t~i.\Hi""l:.-'>!:~!:1~,.,~:e;",,,,,go,Ji]~"'~"<h"h '''~',d'd",'ok;-~';A''db,*,1ii'+'''~';''W.''''~-\#.i!,iIffi~~~l&il!lleil;tM"I!I~Wf~-'~'" 'w_~_"'" t! k~"" ~~'.~, (") C- :;:::: "'tJi:;~' cpr?:' ~.:J:::; L'"'('" 6:) ,_~~. -<'" -,.,~. ~l; ~() -c::: 3; -< ~ _,;H._::~l,;,,_ )!!}\,tl_',r"""",,""",j<'<~lll >,,,,,,llJ,:L,~_,,, c_ ,,;,.-_~ '_"-'''' ~',Wf(""" ,~"<-,_~ ~.., " '" Co ~ """ '..i- . . , f a ,,~ ",. '-tJ ::-"':3 tv .- ~'t'J:l , ~,~' ~';.:::~: ~~!~,< .:J::~ ::,;: ,--<-r:- _-:,:"~'C)- ;~~1~' :l:; --< .~ 1J,jjL'- C"'- ,j --;--; _c:: '" I SHERIFF'S RETURN 0934-NT - - -2002 PERSONAL PROPERTY flv. c> /- IST3 ./ WRIT OF EXECUTION & INTERROGATORIES FIRST SELECT INC vs MASSEY ERICK K And Now: April 17, 2002 And Now: April 22, 2002 Receipt # 163312 And Now: April 23, 2002 And Now: April 23, 2002 at 10:01 A.M. RECEIVED FROM PROTHONOTARY - PP at 2:13 P.M. PAYMENT RECEIVED at 8:52 A.M. INITIAL SERVICE at 12:52 P.M. SERVED GARNISHEE(S) TW/MK And Now: April 23, 2002 at 12:52 P.M. AS COMMANDED DID ATTACH ALL MONIES, DEBTS, CREDITS, RIGHTS, INTEREST, REAL & PERSONAL PROPERTY OF ERIC K MASSEY DEFT IN HANDS OF PSECU GAR BY HANDING TO BONNIE BERKOSKI MGR A TRUE COPY OF WRIT/INTERROGATORIES AND MAKING KNOWN TO HER CONTENTS THEREOF AT 1 CREDIT UNION PLACE HBG PA. ALSO LEFT WITH GARNISHEE A LIKE COPY OF WITHIN WRIT FOR WITHIN NAMED DEFT. And Now, May 3, 2002 at 10:54 A.M. PP - REQUEST LETTER TO STAY So Answers, ~l ........ J. R, Lotw-];,c >~,< Sheriff ", Sheriff's Costs State/Prothonotary Fee Poundage tt;~~ 06/04/2002 It' \. 1 1"1, <{(, cJV {,~ }JI fY PAGE 1 -P&.. ~ 0r-k. C-.. ~~~1I!fw~~:o.;;,/;\/hli,5!t~,"",,-j~%tl.-'llW~~'Etirt.~:,~~&m~Wi"Ajl{tli$lll~rlil frr-";";-- ~~\r"-ililid...~- '~l\l:W~;;' ~~.l\\i .~ 'I , 0 0 0 C f-v ?" -" -U.;'~ '- ~:;:! rrr".;"-; :== -...-EI . " ""_ _.f~J P ZC ~~323 ~~t ~C=J -rJ ~:~~? h ,'I f€f;1 -~;'- , ":'::--:. (-) :.;.:; :SfTl "',., 52 L. ''V -..1 -~- i'-J ::JJ- '. -< '" ,'J.___",. ".t:!,'",tltl!t:-.-:'&_tl. mr [Clio. _ JJLlJ1l. ",,,, :,~ ~ ,....__=~,~_.~_,_ y= ,_ _ ,_~,~_~ ~"- "--~- - ~" "J~,' Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 FIRST SELECT, INC. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW v. ERICKMASSEY : NO. 01-1583 Defendant and PENNSYLVANIASTATEEMPLOYEESCU Garnishee : CIVlL ACTION PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff FIRST SELECT, INC. and against the Garnishee, PENNSYLVANIA STATE EMPLOYEES CU, in the amount of$ 314.81 per Answers to Interrogatories in Attachment. Judgment is pursuant to the Answers to Interrogatories in Attachment filed by the Garnishee (an informational copy is attached). ~. DATED: May 9, 2002 BY: Ron Z. Opher, Esquire Attorney for Plaintiff . ., - ~ -~ " < ,- -, """""_m:l\ltillf PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE 1 Courthouse Square Carlisle, PA 17013 TO: PENNSYLVANIASTATEEMPLOYEESCU c/o Kathleen Weinstein, Account Advisor I Credit Union Place Harrisburg, PA 17106-7013 FIRST SELECT, INC. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW v. ERIC K MASSEY : NO. 01-1583 Defendant and PENNSYLVANIASTATEEMPLOYEESCU Garnishee : CIVIL ACTION NOTICE Pursuant to Rille 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding. ~~.,~ IF YOU HA VB ANY QUESTIONS CONCERNING THlS NOTICE, PLEASE CALL RON Z. OPHER, ESQUIRE, at 610-902-0530. "l , ~ , . ~-,' . ~ ,...' ".lliw,' ,,':... " q34 10T DlOO~ Ron Z. Opher, Esquire Attomey for Plaintiff A ttomey#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 First Select, Inc. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -LAW v. ERIC K MASSEY NO. 01-1583 Defendant and Gamishee "- ':::::3 ~ '" . ~"::':,. '~ ;::'.;J <J:~7r~~' .:~;~ Pennsylvania State Employees Cu --'- ~ ~S INTERROGATORIES IN ATTACHMENT ,~-, .~ ,:--y TO: Pennsylvania State Employees Cu , gamishee (:J '. ''-' , You are required to file answers to the following intelTogatoties within twenty (20) days after service upe you. Failure to do so may resu1t in a defau1t judgment against you. . 1. At the time you were served with the writ of execution, or at any subsequent time, did you owe either defendant any money, or were you liable to any defendant on any negotiable or other wlitten instrument, did any defendant claim that you owed him/her any money or were liable to him/her for any reason? If s< please explain and identify further the nature of this property and its location. No; 2. At the time you were served with the writ of execution, or at any subsequent time, or at any previous time, was there in your possession, custody or control any property of any nature owned solely or in part by any defendant? If so, please explain and identify further the nature of this property and its location. No. 3. At the time you were served with the writ of execution, or at any subsequent time, did you hold legal title to any propeliy of any nature owned solely or in part by any defendant or in which any defendant hel or claimed an interest? If so, please explain and identify further the nature of this property and its locatio No. 4. At the time you were served with the writ of execution, or at any subsequent time, did you hold as fiducimy any property in which any defendant had an interest? If so, please explain and identify further t nature of this propeliy and its location. No. 5. At the time you were served with the writ of execution, or at any subsequent time, did any defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent? If so, please explain and identify further the nature of this property and its location, as well as the consideration given therefor. No. . 6. At the time you were served with the wlit of execution, or at aIlY subsequent time, did you pay, trans! or deliver any money or propeliy to any defendant or to aIlY person or place pursuant to any defendant's ~."" "') "'~ - '. ," ,,' . '". lO -~';~,J,",~-,-,->;- , .: ,,~. <$".'''''L' direction or otherwise discharge any claim of any defendant against you? If so, please explain and identij further the nature of this property and its location, as well as the consideration given therefor. lif.o:At the time you were served with the writ of execution, or at any subsequent time, did you have any s. deposit boxes, pledges, documents of title, securities, notes, coupons, receivables, collateral, checking, savings, tax or other accounts or deposits in which any defendant had an interest? If so, please explain an identify further the nature of this property and its location. ~ Yes. Ron Z. Opher Attomey for Plaintiff S1 Regular Share~ S4 Checking Shares $ 36.59* $278.22 *$5.00 Membership Fee helm in Regular Shares. '. ="". '" -"' ~ . ~ -.' .. ~"- . . Ron Z. Opher, Esquire Attomey for Plaintiff Attomey#57507 P.O. Box 2245 Southeastern, P A 19399 (610) 902-0530 FIRST SELECT, INC. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA CIVlL ACTION - LAW v. ERIC K MASSEY : NO. 01-1583 Defendant and PENNSYLVANIASTATEENWLOYEESCU Garnishee cIViL ACTION 'rt ", CERTIFICATION OPADDRESSES I, Ron Z. Opher, offull age certify and.say: 1. I am the attomey for the'plaintiffin the ab'oV!: entitled action and am familiar with the records which form the within action. 2. Defendant-Garnishee is neither an infant nor an incompetent person. 3. Defendant-Garnishee is not in the ARMED FORCES of the UNITED STATES at this time, but is a depository institution answering through its representative, c/o Kathleen Weinstein, Account Advisor 1 Credit Union Place Harrisburg, P A 17106-7013 4. The address of the Plaintiff is 4460 Rosewood Drive, Pleasanton, CA 94588. I CERTIFY that the statements made by me are true. I am aware that if any of the statements are willfully false, I am subject to punishment under 18 Pa.C.S.A. ~4904, relating to unswom falsification to authorities. DATED: May 9, 2002 /f:7-z-- BY: Ron Z. Opher, Esquire Attomey for Plaintiff - ~"- ~ "".~; ~~~~~il,~i!i!ijM-+~'Ii\r~j''''iild-~"",);ih'.lf;''',--'(<d~< 1>'''~; ""'_"",'C"{- j",'~"''i,,,,,'6'''~''''J.i'';'~'',"~,~'''''$ii;<>!!l'ij~!Ij,~",,,,,,U:-r.1~''''~!lW~li51i\i''''.,,,lil.~~1tJ!:'&m" -il~~~.l!;!;"'"'"" i...iIlWitf' . . t ~ ~ .to. ...0 . 0 - r '" - () ~ -..J r 0 C)- . . C h,) \.,,' .... ~ :?'" l"t ~ Vr:;t: 5-= 3 rn,': 2::. :1 ~ 2~r-' .r:: pi '6' J- ell ,,\.. (; ~_,-J rsr:'; ;:;~:;; ,... 113 \:~ [' '-, ~'I ; '~;('5 ~. ~:) rn ..<.:. .-::-~ ...., ~0 2;""': ,,' f,) _"--.1 , -< ~ ~= -_. - ~'" ._"~.""'~--'< ", ., ~