HomeMy WebLinkAbout01-06319
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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,
NOTICE:
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CAROL K NOWICKI
Defendant
You have been sued in Court, If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by an
attorney and filing in writing with the Court your defenses or
objections to the claims set forth against you, You are warned
that if you fail to do so, the case may proceed without you and a
judgment may be entered against you by the Court without further
notice for any money claimed in the Complaint or for other claims
or relief requested by the Plaintiff, You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
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#:4168100213540295
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC,
4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
PLAINTIFF
VS
CAROL K NOWICKI
5A RICHLAND LN APT 101
CAMP HILL, PA 17011-2411
DEFENDANT
NO, D\ - 1c317
c.uJ. 'T~
CIVIL ACTION
1. The Plaintiff, First Select, lIne. 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, CAROL K NOWICKI, is an individual who resides
at 5A RICHLAND LN APT 101 CAMP HILL, PA 17011-2411, .
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 4168100213540295,
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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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
$1,!396.76 as of 09/14/2001, plus pre-judgment contractual interest
at the rate of 18,00% per annum, less payments made,
WHEREFORE, Plaintiff demands that judgment be rendered in
favor of the Plaintiff, FIRST SELECT, INC, and against the
Defendant in the amount of $1,996.76, plus pre-judgment interest
at the contractual rate of 18.00% per annum from 09/14/2001 until
the date of the judgment herein, 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.
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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WHEREFORE, Plaintiff demands that Judgment be rendered in
favor of the Plaintiff, First Select, Inc. and against the
Defendant in the amount of $1,996.76, plus pre-judgment interest
at the contractual rate of 18.00% per annum from 09/14/2001 until
the date of the judgment herein, less payments made, plus costs
and any other such relief as this Court deems reasonable and just,
PARK LAW ASSOCIATES, P.C.
BY:V~~OS~NBLUTH 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.
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
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5040 JOHNSON DRIVE
P.O. BOX 9104
PlEASANTON, CA 94566
888-964-4000
.
F1RST SELECT.
CORPORA~
ACCOUNT AGREEMENT
EXHIBIT
You~ DISCOVER J:ccou~t has been transferred to Fi~ Select Corporation. Your DfSCOVER account was closed at the tUne of this transfer, and will therefore
continue to be closed. ~~ Account Agreement contams the terms that govern your First Select account (the" Account"). In this Agreement, "you" and "your"
mean each person who I~ hable for paymen.t on the Account "We," "CUI," "~urs," and "us" mean First Sdect Corporation or its assignees. Because your Account
has ,been tr::nsferred to .u~, you are now obhgated to repay the Account to us LnStead of DISC OVER. lfthe Account was opened as ajoint account, we may act on
the UlStructlOns of any JOint accountholder.
Payments I Finance Charges. As long as you have a balance outstanding on your Account, fmance charges are calculated as follows:
To fig:-lrI~ the finance charges for each billing cycle, ~e multiply the average daily balance on your Account by a chdy periodic rate. The daily periodic rate we
apply IS your Acco~nt'~ .~ual per::;entage Rate ~i~lded by 365. The Annual Percentage Rate will be calculated as disclosed in your most rectnt DlSCOVER
account ~nns (the Dngma! Tenns ). If your Ongmal Terms provided for different Annual Percent:Lge Rates to be applied to different components of your
outstandmg balance, we will apply the lowest such Annual Percentage Rate to your entire outstanding balance.
We may~ accep( !a(e or partial payments, or pajments marked "paid infuU" or marked with. other restril;tions, without losing our right to collect all amounts owing
under this Agreement . ,
F:e3. W~ will charge your Account a fee for each biUing 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 ma.'<imum late charge permitted by the law of your state of residence, whichever is lower.
We will.c~arge your Account a fee for each returned payment check (returned check charge). The amount of the returned check charge will be as di;closed in
your Ongmal Tenns, or the maximum returned check charge permitted by the law of your state of residence, whichever is lower. _
To the extent I:rovided in your 0ri&ina.1 Tenns, ~d to the extent permined by applicable law, in additi~n to y?ur ob!igation to p~y:the outstanding balance on your
Account, plus mterest and fees as dIsclosed herem, we may also chll!ge you for any collection costs we IIlcur, mcludmg but not luruted to reasonable attorneys'
'fe~ and court costs. If your Original Tenus pr,ovided for an award ofattome)'3' fees and court costs, such provision as incorporated herein shall apply
reciprocally to the prevailing party in any lawsuit arising out of this Agreement .
Non-Waiver of Certain Rights. We may delay or waive enforcemf:ntofany provision of this Agreement without losing our right to enforce it or any other
provision tater.
Applicable Law; Severability; Assignment. No matter where you live, this Agreement and your Account are governed by federal law and by the law of the state
designated as the applicable law in your Original Terms. If your, Original terms did not contain an apptica,ble law provision, then this Agreement and your
Acc.:ount are governed by federal law and the law of your state of residence. This Agreement is a fmat expression of the agreement between you and us and may
not be contradicted by evidence of any alleged oral agreemenL If any provision of this Agreement is held to be invalid or unenforceable, you and we will consider
that provision modified to conform to applicable law, and the rest of me provisions in the Agreement will still b.e enforceable. We may !ramfer or assign our right
to all or s()me 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 financ.:ing statement with the state's Secretary of State.
Credit Reporting. If you fail to fulfill the terms ofyoUt 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 following address: First Select ' .,
Corpora~ion, P.O. Box 9104, Pleasanton, California, 94566.
YOUR BILLING RIGHTS. KEEP THIS NOTICE FOR FliTURE 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 Ahoul Your Bill
If you think. your bill is wrong, or if you need more information about an entry on your bill~ write us, on a s~arate sheet, at the following address: First Select
Ccrporation, 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 <lfe 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. Withir; 90 days, we must either correct th~ en'~r or ~~lain why we
believe the bill was correct. After we receive your letter, we cannot try to collect or report you as delmquent as to any amount you question, 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.
Ifwe fInd that we made a mistake on your bill, you will not have to pay anyfmance charge related to any questioned.amount. Ifwe ~id not make a mistake, you
may have to pay fmance charges, and you will have to make up the missed pajments On the questioned amount lit elther.01Se, we \V.ill send ~u it staternen~ of
the amount you owe and the date that it is due. If you fail to pay the amount we think. you owe, we may report you as delmquent However, Ifo~rexplana~ton
does not satisfy you and you writ~ to us within 10 days telling us that you still refuse to pay, we must teU anyone we report you to that you questlony~urb1ll.
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 finally is.
If we dQ not follow these rules, we carutot colitlct the first S50 of the questioned amount even if your bill was correct
Special Rule for Credit Card Purchases
If you have a problem wi.th the quality of goods and services $at you purchased with your DISCO~R credit card andy~u ~av.e tri~d in.go?d faith to correct the
problem with the merchant, you may not have I.O pay ~e~emajning :!IDount du~ o~ thegoo,ds or ~en!lces. Tnere a;~ two hrmt~tlons to thiS nght: (a) y?u must
have made the purchase in your home state or, Ifnot Within your home state, wlthm 100 mtles ot your current m,ullOg ~ddre.s.s, and (b) the purc~ase pnce must
have been more than S50, These limitations do not apply ifeith.::r we or Q[SCOVER own or operate the merchant, or If we or DISCOVER mOlded you the
advertisement for the property or services,
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VERIFICATION
.
I,
SUSAN COWHERD
, declare that: I am
.
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 Jefferson County, in the State of Kentucky.
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Designated Agent
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06319 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
FIRST SELECT INC
VS
NOWICKI CAROL K
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
NOWICKI CAROL K
the
DEFENDANT
at 2010:00 HOURS, on the 9th day of November, 2001
at 5A RICHLAND LN
APT 101
CAMP HILL, PA 17011-2411
by handing to
CAROL K NOWICKI
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
18,00
9.75
.00
10.00
,00
37.75
So Answers: ,~v.#'
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R. Thomas Kline
Sworn and Subscribed to before
By:
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11/13/2001
PARK LAW ASSOC
me this ';2.(, e:::.. day of
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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: 5A RICHLAND LN APT 101
CAMP HILL, PA 17011-2411
4168100213540295
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC.
Plaintiff
VS
CAROL K NOWICKI
Defendant
NO,Ol-6319
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:
. AMOUNT OF CLAIM
ATTORNEY FEES
PLUS ACCRUED INTEREST
LESS PRINCIPAL PAID
LESS OTHER PAYMENTS
$1,996.76
$0.00
$60.07
($0.00)
($0.00)
$2,056.83
PLUS ADDITIONAL COSTS
I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR
SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS
CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT,
I certify that written notice of the intention to file
this Praecipe was mailed or delivered to the party against whom
judgment is to be entered and to the attorney of record, if any,
after the default occurred and at least ten (10) days prior to
the date of the filing of this Praecipe, A true and correct copy
of the notice pursuant to Pennsylvania Rule of Civil Procedure
No, 237,1 is attached hereto and marked Exhibit "A",
TOTAL
VALERIE ROSENBLUTH PARK,ESQUIRE
Attorney for the Plaintiff
AND NOW, PE..C' /7 ,;160 ( , 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
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 ALERlE ROSENBLUTH PARK
AlTORNEY LD. # 72094
PARK LAW ASSOCIATES,P.C.
25 EAST STA1E STREET, P.O. BOX 1779
DOYLESTOWN, PA 18901
(215) 348-5200
AlTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY COURT OF COMMON PLEAS
I HEREBY CERTIFY THAT THE
TRUE AND CORRECT ADDRESS IS:
PLAINTIFF: 4460 ROSEWOOD DRIVE
PLEASANTON, CA 94588
DEF: SA RICHLAND LN APT 101
CAMP HILL, PA 17011-2411
FIRST SELECT, INC.
Plaintiff
VS
CAROL K NOWICKI
Defendant
NO. 01-6319
NOTICE OF PRAECIPE FOR
ENTRY OF DEFAULT JUDGMENT
TO: CAROL K NOWICKI
SA RICHLAND LN APT 101
CAMP HILL, PA 17011-2411
DA1EOFNOTICE: 1lI30/01
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WTIHIN TEN (10) DAYS FROM
THE DA1E OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU
wrrnour A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTIlER
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 our WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE, 4th FLOOR
CARLISLE,PA 17013
(717) 240-6200
PARK~.
BY:
VALERIE ROSENBLUTH PARK, ESQ.
cc:
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 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: 5A RICHLAND LN APT 101
CAMP HILL, PA 17011-2411
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC.
Plaintiff
VS
NO, 01-6319
CAROL K NOWICKI
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 CAROL K
NOWICKI, Defendant is over 21 years of age; that his/her place of
residence/business is located at SA RICHLAND LN APT 101 CAMP HILL,
PA 17011-2411 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 amend nts.
PARK LAW ASSOCIATES .C.
BY:
Va erie 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
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: 5A RICHLAND LN APT 101
CAMP HILL, PA 17011-2411
CUMBERLAND CO~Y COURT OF COMMON PLEAS
FIRST SELECT, INC.
Plaintiff
VS
NO. 01-6319
CAROL K NOWICKI
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 QUESTIONS CONCERNING THIS NOTICE,
PLEASE CALL: Park Law Associates, P,C, at this telephone
number: (215) 348-5200.
P
PURSUANT TO THE
REQUIRED THAT WE STATE
TO COLLECT A DEBT, ANY
PURPOSE.
FAIR DEBT COLLECTION P CTI~CT, 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 E. State Street
Doylestown, PA 18901
(215) 348-5200
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY COURT OF COMMON PLEAS
FIRST SELECT, INC
Plaintiff
VS
CAROL K NOWICKI
Defendant
NO. 01-6319
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,
BY, M"""mrn ~.
ESQUIRE
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