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HomeMy WebLinkAbout04-1463 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 CHASE MANHATTAN BANK Plaintiff VS AMY M. ROSAK Defendant NO. 04/ - J~~3 C!.;ud..~ 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 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED OR NO FEE. Court Administrator/Lawyer Referral Services CUMBERLAND County Bar Association Cumberland Co. Bar Association 2 Liberty Avenue Carlisle, PA 17013 (80o) 999-9108, (717)249-3166 V ALERlE ROSENBLUTH PARK, ESQUIRE Attorney LD. 72094 PARK LAW ASSOCIATES,P.C. 25 EAST State Street, P.O. BOX 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CHASE MANHATTAN BANK PO BOX 659409 SAN ANTONIO, TX 78265 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS PLAlNTIFF VS. AMY M. ROSAK DEFENDANT : NO. C"i - flI /, j (];Vl{'-r~ COMPLAINT COUNT I - BREACH OF CONTRACT 1. The Plaintiff is Chase Manhattan Bank, a Corporation with its principal place of business at PO BOX 659409 SAN ANTONIO, TX 78265. Plaintiff is the owner of this account which is the subject matter of this action. 2. The Defendant is AMY M. ROSAK, an individual residing at 204 11TH STREET, NEWCUMBERLAND,PA 17070. 3. Plaintiff is authorized by 15 PA.C.S.A !}4122(a)(8) to bring this action against Defendant. 4. Defendant was the holder of a credit account issued through Providian National Bank credit facilities bearing account number 4428671180518486. 5. Subsequent to the delivery of the Providian National Bank credit account to the Defendant, and therein acceptance of the same, Providian National Bank, for valuable consideration and in the normal course of business, sold, assigned and transferred the Defendant's account to Plaintiff, which is now and has been since the date of the assignment, the legal owner and holder of said account. 6. agreement. Defendant was provided with a copy of the Providian National Bank account 7. 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 the credit account now owned by the Plaintiff currently bearing account number 5184450081716981. 8. Notwithstanding the frequent demands by Plaintiff for payment of the amount due, there has been a failure and refusal by the Defendant to pay the same or any part thereof. 9. 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 and is indebted to the Plaintiff in the amount of$2,169.21 as of August 26,2003. 10. In accordance with Pennsylvania law, Defendant is obligated to pay a finance charge on all sums due at an annual percentage rate of six percent (6.0%) and Plaintiff is entitled to additional finance charges from August 26, 2003. II. In accordance with the terms of the Account Agreement, Plaintiff is entitled to a reasonable attomey's fees and will incur a fee of$542.00. WHEREFORE, Plaintiff demands judgment against the Defendant in the sum of $2,169.21, plus interest from August 26, 2003 and costs of this actiOrL ALTERNATIVE COUNT I - QUANTUM MERUIT In the event it is determined that no oral or written agreement existed in fact or law between Plaintiff and Defendant as alleged in Count I, the Plaintiff alleges as follows: 12. Plaintiff realleges each and every allegation contained in paragraphs 1 through 12 of this complaint and incorporates each paragraph herein by reference as if the same were set forth at length. 13. The Defendant received a monetary benefit of $2,169.21, which was in fact appreciated by the Defendant. "Appreciated by the defendant" meaning among other things that the Defendant received a benefit from the Plaintiff by utilizing the Plaintiff's credit facilities and incurring charges on the Credit Account. 14. The Defendant accepted the monetary benefits of a credit account issued through the credit facilities ofProvidian National Bank. "Accepted the benefits" means among other things that the Defendant either passively or actively received benefits from the Plaintiff which would be unconscionable for the Defendant to retain without repaying the Plaintiff. 15. By virtue of the circumstances surrounding the request for funds made, the defendant knowingly requested the funds in i.sue and knowingly and voluntarily accepted the benefits bestowed. 16. 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. 17. In accordance with the law, there is interest due at the rate of six percent (6.0%) per annum from August 26, 2003. WHEREFORE, Plaintiff demands judgment against the Defendant in the sum of $2,169.21 plus attorney fees in the sum of$542.00 interest from August 26, 2003 and costs of this action. PARK LAW ASSOCIATES, P.C. , By: \ )l~ VALERIE k6S~NBLUTH PARK, ESQUIRE VERIFICATION I, &- r; . ,f;f.-vt I- , declare that: I am a Designated Agent of the Plaintiff in this action against AMY M. ROSAK, 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 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 ~Jf~ County, in the State of .- /-e.xas . /1/jo#3 ~pw Designated Agent Date ~\~ ..... ~ Crt --t:: tv 0 ..c ~ f -V ~ p=. ~ ~~ ~ ~ --:1 '1"11 ~-:) f-nf- ,,~ :~~8 c.>. ;"~-)l~_), ~ (~:) '';'', '-:--, "~I -"', (.,"1 L. SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01463 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE MANHATTAN BANK VS ROSAK AMY M R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ROSAK AMY M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , ROSAK AMY M 204 11TH STREET NEW CUMBERLAND, PA 17070 PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 11.73 5.00 10.00 .00 44.73 S~ ans.wer.s. :.~.....~.. ..~.......::'~~~_..~~'..".'. _/::/'/ ~-~ //<. "R./ihO~~? / Sheriff of Cumberland County PARK LAW ASSOC 04/26/2004 Sworn and subscribed to before me this ~\'~ day of ~ 2..0v '-\ A . D . P;o~~h~a~ ~ ,~. 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 CUMSgRLAND COUNTY COURT OF COMMON PLEAS CHASE MANHATTl>N BA.."lK r:bintij'f VS AMY M. r.oSAK De:Eend~J.llL NO. 04-1463 CIVIL PETITION FOR SERVICE OF PROCESS IN AC-'~::J)lI!i.Ni'E .cJ.,Ll.h_.EA RULES OF CIVII, PRO<;;EDURE TO THE HONm,ABLE, THE ,JUDGES OF THE SAID COURT: The Petition of the Plaintiff by its attorneys, PARK LAW ASSOCIATES, P.C., respectfully represents that: 1. A Civil Action for Assumpsit was filed on , with this Honorable Court to recover monies owed to Plaintiff as a result of credit extended to Defendant. 2. The Sheriff of CUMBERLAND County made a "Not Found" return of service of the Complaint. A true and correct of the sheriff's return of service is attached hereto, made a part hereof and marked Exhibit "P-1". 3. The last known address of the Defendant is 204 11TH STREET, NEW CUMBERLAND, PA 17070. 4. Subsequent to the Plaintiff's attorneys' receipt of the Sheriff's "Not Found" return, Plaintiff's attorney made the described efforts to locate the whereabouts of the Defendant as indicated in the attached Affidavit of Investigation. 5. Despite Plaintiff's attorneys' in~liries, the Plaintiff has been unable to locate the Defendant. 6. Plaintiff's Counsel is aware of the footnote under Pennsylvania Rule of Civil Procedure No. 430(a) regarding a good faith effort to include ". . inquiries of relatives, neighbors, friends and employers of the Defendant "; however, such a communication, in the o~inion of Plaintiff's Counsel, would be in direct violation of the Federal Fair Debt & Collection Act, Section 15 USC 1962c(b) which prohibits communication with third parties without the prior consent of the Defendant. 7. The obstructing or Plaintiff conceal int, belrev"s the Defendant is the Defen(~.antls whereabouts. either WHEREFORE, Plaintiff' prays the Court enter an Order allowing the Plaintiff to serve U,e Det'f,ndc,.nt in the same manner as set forth in Pennsylvania RuLe, of C:'.vil l'rocedure No. 403 and service shall be attempted by both C(2rtified Mail, Return Receipt Requested, and ~')Y First Clans ~Jj.2,il, Postage Paid. Plaintiff's attorney shall :Eile an ,,[[i_davit '.01' '3er-vice s:ClOwing service of the Complai.nt as r:;et forth hc;,cein. PARK LAW ASSOCIATES, P.C. BY: ~ . // . ~ VA ERIE ROSENBLUTH PARK, ATTORNEY FOR PLAINTIFF ESQ. ::;li.r:,;l<IFF'S RETVSW - NOT FOu~D ~ . CASE NO: 2004-0146 p .~bMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE MANHATTAN BANK VS EXHIBIT p- ROSAK AMY M R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT ROSAK AMY M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE , NOT FOUND , as to the within named DEFENDANT , ROSAK AMY M 204 11TH STREET NEW CUMBERLAND, PA 17070 PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING, Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 11.73 5.00 10.00 .00 44.73 S~;;~:;~;~f<i02jff=... - R. Thomas Kl irie Sheriff of Cumberland County PARK LAW ASSOC 04/26/2004 Sworn and subscribed to before me this day of A.D. Prothonotary COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS Valerie Rosenbluth Park, Esquire, bc,ing duly sworn according to law deposes and says that she is the attorney for the Plaintiff in the foregoing matter; that she is auUlcn-ized to take this affidavit on its behalf; and that the facts conrc.,elined in the foregoing Petition are true and correct to the bee't of her kno..,.led,je, information and belief. Valerie Rosenbluth Pa.o:k, lc,"c,ui ne h; r.ther understands that false statements made herein are sliliject to the penalties of 18 Pa. C. S. I Section 4904, relati~l_g to unst:'1orn falsification to authorities. l ////1 / ..-/ VALERIE ROSENBLUTH PARK, ESQUIRE 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 CUNBERLAND COUNTY COURT OF COMMON PLEAS CHASE MANHATTAN BANK Plaintiff VS i'J.IY M. ROSAK Defendant NO. 01-11(,3 CIVIL C~1l..TI l:J CA 1'1 Q,~-9L_;I}r\';J~~LJ~5'}ji~CI-~2~ Valerie Rosenbluth Park, Esquire, ocinq duly flworn according 1:0 ldw deposes and says that as counsel for ;-.he Pla:intiff, made the following efforts to locate the within nillned DefenCant. a) ROSAK is 204 11TH A check of the local telephone dirC'ctory ,'hevIS that AMY M. not registered with a telephone number at the address of STREET,NEW CUMBERLAND, PA 17070. b) A letter addressed to the Defendant with the notation typed thereon, "Address Correction Requested, Do Not Forward" was not returned by the Post Office. c) A letter addressed to the Office of Voter's Registration shows AMY M. ROSAK is not a registered voter with an address of 204 11TH STREET, NEW CUMBERLAND, PA 17070. The Office's response is attached hereto, made a part hereof and marked as Exhibit "An. d) A letter addressed to the Office of the Board of Assessment shows AMY M. ROSAK is the owner of the property at 204 11TH STREET, NEW CUMBERLAND, PA 17070. The Office's response is attached hereto, made a part hereof and marked as Exhibit "Bn. e) A letter addressed to the Postmaster shows that mail addressed to AMY M. ROSAK at 204 11TH STREET, NEW CUMBERLAND, PA 17070 is delivered. The Postmaster's response is attached hereto, made a part hereof and marked as Exhibit "CU. Valerie Rosenbluth Park, Esquire further understands that false statements made herein are subj ect to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification to authorities. PARK LAW ASSOC.ATES, P.C. V BY: VALERIE ROSENBLUTE P~'-\ItKI ESQ. ATTORNEY FOil. PLAINTIFF PARK LAW ASSOCIATES . A PROFESSIONAL CORPORATION 25 EAST STATE STREET, SUITE lOl P.O. BOX 1779 DOYLESTOWN, PENNSYLVANIA 18901 V ALERlE ROSENBLUTH P ARJ(*+ ROBERT E. ANGST' TELEPHONE (215) 348.5200 FACSIMILE (215) 34S-4015 OA1SOMEMBERNJBAR +AL'lOMEMBERFLBAR Voters Registration Office CUMBERLAND 1 COURTHOUSE SQUARE CARLISLE, PA 17013 EXHIIBIT It RE:AMY M. ROSAK 204 11TH STREET NEW CUMBERLAND, PA 17070 OUR FILE NO:35592 14" J '~, Dear Sir/Madam: I would appreciate your checking the Voters Registration in order to determine whether the above-referenced person is registered to vote in CUMBERLAND County. I would also appreciate your advising me of the address for which he/she is registered to vote. For your convenience, kindly note the bottom of this letter , and return the same in the enclosed self -addressed stamped envelope. Very truly yours, ,/ PARi\K ~u;::;;; P. C. BY;~ERIE ROSENBLUTH PARK Name of Person: AMY M. ROSAK Current Address: Date of Registration: Date of Birth: Previous Registration Address: --rIu.- C\h)Vt- (2:..(e(~poson If:) no~ 0... (a:J'sk(~ V~ '\1\ G>>nO . ~OU-~ ' PA-. . Lor; L lu:x1tw-1 ~I''!;k,..- THIS IS AN ATT~MPi TO COLLECT A DEBT. ANY IN:I1'ORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. FacetWin Screen Pri~t for ass6ss01, from "CAMA_Login" 5/7/2004 11:30:22 AM NEIGHBORHOOD: 26 CUMBERLAND COUNTY ASSESSMENT OFFICE DISTRICT: 26 - NEW""CUMBERLAND 2ND WD SP: CONTROL # 26001642 I [ IShort Name [LAST NAME IFIRST NAME Ic/o NAME IADPRESS1 IADDRESS2 IpOST OFFICE: ISTATE & ZIP: f ADAMS, CHRISTOPHER J ADAMS CHRISTOPHER J ,~'"J\Kl(';;'~S.ZAI\i,.... 1270 SHERWOOD DRIVE 9 PARCEL: 26-:14-0811-085. I SPEC ID: LOT. L-0196 + L--.., Tback: ---, f I I PROPERTY TYPE: R I -1 I I SALES DEED BK/PG..... 00200,.008511 DATE OF SALE...06/02/1999 SELLING PRICE: 99900 CHRISTIANSBURG VA 24073-2350 I J CURRENT Assessed 89860 VALUES Fair L - B T - Si tUB :~Q,4,,:,1'];TH' STREET Prop Descrip.: ELKWOOD LAND DESC: PO LOTS 196,197 LAND USE TYPE. 101 DEEDEP ACRES. .11 I Market L, 15000 I 74860 I 89860 I & 198 DB 5M P FMV - C&G - approved? _> Screen 1 Number -Switch Down Arrow -Next Enter Selection > Screens, X -Exit, J -Jump Mode, Entry, Up Arrow -Previous Entry, Record: F -Forms, I ? -Screens, 51412 -Image B -Browse EXHIBIT o "'> ARK LAW ASSOCIA TI A PROFESSIONAL CORPORAIiON VALERIE ROSENBLUTH P ARJ('+ ROBERT E. ANGST' 25 EAST STAlE SIREET, SUITE 101 P.O. BOX 1779 E~~L;;~; PENNSYLV~\'OI TELEPHONE (215) 348-5200 FACSIMILE (215) 348-4015 *A1SQMEMBIiRNJBAR +Al.SOMl'MBERFLBAR April 30, 2004 Postmaster United States Post Office NEWCUMBERLAND,PA 17070 '''lAY' ._ J. , 200; REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (if a boxholder) for the following: NAME: AMY M. ROSAK ADDRESS: 20411THSTREET NEW CUMBERLAND, PA 17070 NOTE: The name and last known address arc required for change of address infonnation. The name, if known, and post office box address are required for boxholder information. The following information is providec; in accorebnec with 39 CFR265.6( d)(6)(ii). There is no fee for providing boxholder information. Thc fec for providing change of address information is waived in accordance Wirll 39 CFR 265 .6( d)(l) and (2) and corresponding Administrative Suppurt Marua] 352.44a and b. 1. Capacity ofrcquCSl'er: Attorney 2. Statute or regulation that empov,rers me to serve process (not required when requester is an attorney): 3. The names of all known pmiics to the litigation: C, IASE MANHAITAN BANK vs.AMY M. ROSAK, 4. The Court in which thc case has been or will be heard: CUMBERLAND Cr:P 5. The dockf't or other identifying Dumber ifone has been issued: 04-1463 CIVIL 6. The capaci~y in which this indiviullW is to be sClved: Defendant WARNING THE SUBMISSION OF FALSE JNFORMATION TO OBTAIN AND USE CHANGE OF AODRESS INFORMATION OR BOXHOLDER INFORMATION FOR AN')YJPURf'OSE OTHER Ti-IAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE Ur:GATfO N COULD RESlIL T 1~_~RrMINALPENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRlSONMENT OR (2) TO AVOID PAYMENT bF THE FEE FOR C' NGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS. (TITLE J8 U.S.C. ' , SECTION 1(01). / / / Jf!Mi !./at the." a ,b~e i~lfo~n ticlt. Y'.'llu'e and that the address information is necd(;;d (md will be used solely for service of ,~,~sf}p.i~.0;nnectio fh..a'~:l1al or p ospectiye litigation. . ! t&t:tU~ - iL-1/U 25 Ea't State Street alerie Rosenblnth Pac k, Esquire! Duylestown, P A ]8901 i ---.-------------~-(--------~-------------------l--------..---------------------_______.___h_________.__________~____~_'___h_________.______ ,i FOR I'OST OFFICE USE ONLY ->>0 change of address order on me. NEW AJ)DRESS OR _Not known at address given BOXHOLDERS REGISTERED _Moved, left no fOlwarding address. ADDRESS _No snch address ~TCOUNTYISADDRESSIN? Our file #35592 POSTMARK: '-l'"8~ 0(c,~ ~~IY (->'~ ,. if\;; ~\/~~ "':..::~'::!l-'1'> ANY INFORMATION OBTAINED THIS IS AN ATTEMPT TO COLLECT A DEBT. WILL BE USED FOR THAT PURPOSE. C) ...... c:: = ~ (.~.:::Jo ~- <-- .-1 c::: ..,.. ~~-:: ~ ffi:Il V' ,- -om ~. .;.:- 6g ~ -~_. -0 :.:;:i-n >~~2 ;Jf.: o:D .;..0 ... ':-? tsrn ..::;;., :;:-1 :~ c:> .~ ::lJ -J -< CHASE MANHATTAN BANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW AMY M. ROSAK, Defendant NO. 04-1463 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of June, 2004, upon consideration of Plaintiffs Petition and upon motion of Valerie Rosenbluth Park, Esquire, it is ordered and decreed that the Defendant may be served in accordance with Pennsylvania Rules of Civil Procedure (1) by mailing a true and correct copy of the Complaint to Defendant at the Defendant's last known address of 204 11th Street, New Cumberland, P A 17070, by both certified mail, return receipt requested, and (2) by publication once in a newspaper of general circulation in Cumberland County and once in the Cumberland Law Journal. VERIFICATION of Service shall be filed by Plaintiffs attorney. BY THE COURT, (.,~~ J. Valerie Rosenbluth Park, Esq. 25 E. State Street Doylestown, PA 18901 Attorney for Plaintiff :rc ~ ~ (,_ ).,Q'_o'i q~. .-::::.:~r/.JnJ L ~:6 :.;~ 8 Z r\nr fjOOl At\ilC'NOHWod 3Hl ::10 3:Jl!:!O-(!j'lH 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 Crn~ON PLEAS CHASE MANHATTAN BANK Plaintiff VS AMY M. ROSAK Defendant NO. 04-1463 CIVIL PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTRY: please reinstate the enclosed Civil ].ction. Respectfully submitted: PARK LAW ASSOCIATES, P.C. BY: ~/J ~/ VALERIE ROSBNl3tUTH PARK, ESQUIRE ~ ,...., = ~ = ..c- "'" X::rl c.:: (;") rn I "D1Ti N ..,,5:' .,~, . () ~ ;,:~-!~} ::i ;-s.-d ~ "70 c..> (:Sfn ~'-l <::> ?O C> .< 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 CHASE MANHATTAN BANK Plaintiff VS AMY M. ROSAK Defendant : NO. 04-1463 CIVIL VERIFICATION OF SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS Valerie Rosenbluth Park, Esquire, being duly sworn according to law deposes and says that she did serve the Defendant AMY M. ROSAK , at last known address located at 204 11TH STREET, NEW CUMBERLAND, PA 17070 by United States Certified Mail, Return Receipt Requested, Postage Paid, and First Class Mail with a true and correct copy of the Complaint which was filed in the Court of Common Pleas in the above captioned matter and with the appropriate Notice to Plead as set forth in Pennsylvania Rules of Civil Procedure. Service by mail was accomplished on August accordance with Pennsylvania Rule of Civil Procedure Order of this Court allowing for alternate service. 05, 2004 in and the prior Proof of service by Certified Mail is attached hereto, made a part hereof, and marked Exhibit "A". Proof of service by First Class United States Mail, Postage Paid is a Certificate of Mailing attached hereto, made a part hereof, and marked Exhibit "B". Valerie Rosenbluth Park, Esquire further understands that false statements made herein are subject to the penalties of 18 PA C.S.4904 relating to unsworn falsification to authorities. PARK LAW ASSC:"!IATES, P. s- BY: V~.. VALERIE ROSENBLUTH PARK, ESQUIRE EXHlE31T A U.S. Postal Service CERTIFiED MAIL RECEIPT (DomestIc Mall Only; No Insurance Coverage Provided) flJ M Cl flJ Restricted Delivery Fee (Endorsement Required) r'- ~ Postage $ U1 ru Certified Fee H Aeturn Receipt Fee Cl (Endorsement Required) Cl Cl Cl r-=I Total Postage & Fees U1 ru M Cl Cl r'- I:XHIBIT --.:...0 One piece of ordinary mail addressed to: Am(l ::t?OS/iI<~ , ,,;} \t-j I//j)~ktd AltJ {u/YJ!Jer/OJ11I PI?-. /707( I PS Form 3817, Mar. 1989 ...., c::-. c:::> ~'"" '),~,... (:;:::: C") . , \.tJ C) -~n ..-. f~~ p~.~ -qn~ -'..Ic- .) l '::I~;1 _.~: -i{ ";-~?1 .-c (:~) -J ( ai' I'-If,..]. C.i.ulll~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 STATEOFPENNSYLVANIA : ss, COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2,1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz AUGUST 20, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 20 day of AUGUST, 2004 ~~~~) INOT AR AL SEAL LOIS E, SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2005 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania #04-1463 Civil CHASE MANHATTAN BANK VS. AMY M. ROSAK Notice to the above named Defendant(s): You have been named as a De~ fendant in a Civil Action instituted by the Plaintiff, CHASE MANHAT- TAN BANK. against you 1n this Court. Platnttff. CHASE MANHAT- TAN BANK, alleges 1n the ComplaInt that you are indebted to the Plain- tiff as result of your using a certain credit card and failing to pay the Plaintiff the monies due the Plain- tiff including interest and attorney's fees now due the Plaintiff alleged in the Complaint as of August 26. 2003 for $2.169.21. You are hereby notified to plead to the Complaint in this case, of which above is a brief summary, within twenty (20l days from the date of publication. If you wish to defend. you must enter a wrttten appearance person- ally or by attorney and file your de- fenses. or objections in writing with the Court. You are warned that if you fail to do so, the case may proceed with- out you and a Judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money or property or other lights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF1CE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Reference Service Cumberland County Bar Association 2 Liberty Avenue Carlisle. PA 17013 (800) 999-9108 (717) 249-3166 Aug. 20 3 I '" ... Ll' a ~.W I]) "< Y ~.2! )>c: ~ -< q ~"~ -. ...., = ~ "'" c::: '" c""' o ~ ~n::!J r r:: =B9 b~ :i!:rl Qo L-m ~ :E: IJ '< -0 :3: r;-? N Ul OL-/ - 14'-3 C,ull/'dJ.? PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Customer Care/Sales Manager, of The Sentinel, of the County and State aforesaid, being du1y sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following date(s) August 14,2004 COPY OF NOTICE OF PUBLICATION 1/';:":,/'_': :"',:' :::<,~"',,:'," .;;i'_""'" r'.-, i.: ~~~Q "~DIil~)dlllll.i; j eI\,,~,j:;;','" "',:iY""/;:'i "': ."1,,.,:< .'- io j' . ,.."u '~;,~ .fU'_"'7' ''''1 ;/ .' ...v...... ie .'.....'. :,_ ',":7', ,__",::1' Affiant furthe:r deposes that hel she is not interested in tn.e subject matter of the aforesaid noti,:e or advertisement, and that all allegations in the foregoing statement as to time, place and character of 3:~~ Sworn to and subscribed before me this 18th day of August, 2004 Lf4 My commission expires; COMMONWEALTHJF PENNSYLVANIA NOTARIAL SEAl. JACQUEUNE M, WORLEY, Notary Public 80m of Carlisle. Cumberland County My Commission EJcpiree Jan, 10, 2005 ~ " 'b ')\\'3 l'U'U" " C) ...., = ~ c: = ;s: .s:- -arn ".. -I (P. Pi c: ffli L. :-.I~ en 4UG ZI'" ~-~ )~. (..) ~. 23 r-: c':; Cl =? ?001 :i>c ".. C5~ Z' ::z: ~o 7'') - orn c: - z ., -~ ~ 35 Cl -< 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 5184450081716981 CUMBERLAND COUNTY COURT OF COMMON PLEAS CHASE MANHATTAN BANK Plaintiff VS AMY M. ROSAK Defendant NO. 04-1463 CIVIL 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 PAYMENTS $2,169.21 $542.00 $461. 28 $.00 TOTAL $3,172.49 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 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". ~/ VA~ROSENBLUTH PARK, ESQUIRE Attorney for the Plaintiff AND NOW, .Slv4- :l.. 7 ,:2(\(Jlf ' Judgment is entered in favor of the Pla~ntiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. C~.;7- :4 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. 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 VS EXHIBIT. /+ CHASE MANHATTAN BANK Plaintiff AMY M. ROSAK Defendant NO. 04-1463 CIVIL NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: AMY M. ROSAK 204 11TH STREET NEW CUMBERLAND, PA 17070 DATE OF NOTICE: 9/10/04 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 THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAYWER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Reference Service CUMBERLAND County Bar Association Cumberland Co. Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 999-9108, (717) 249-3166 PARK LAW ASSOCIATES BY: J/~ ~ I'~ VALERIE ROSENBLUTH PARK, ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 CHASE MANHATTAN BANK Plaintiff VS AMY M. ROSAK Defendant NO. 04-1463 CIVIL 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. PRrr~~Y":I ~ /J l 'J . -.J K. 0<::7- VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 1B901 (215) 34B-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CHASE MANHATTAN BANK Plaintiff VS AMY M. ROSAK Defendant NO. 04-1463 CIVIL 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 AMY M. ROSAK, Defendant is over 21 years of age; that his/her place of residencelbusiness is located at 204 11TH STREET, NEW CUMBERLAND, PA 17070 and that he/She is employed and that helshe 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 LA /"" BY: Valerie Rosenbluth Park Attorney for Plaintiff k \( p ~ C) r-O 0 'rL :..() C:'.:) c;J "'0 ;' C> en .-l :1: -1\ p- ~ r':"\ \" f:::: p1,) -- W 4:1'''' tl r" .,.,q ~ -' ?~~;l s;~ ~ w , ~ - pc. --,J 0 .- ":.~ (..~.. .- ~ c.) ~"Jn' P= 0- "\ C) ~j::~ _,..l - ~ VALERIE ROSENBLUTH ANGST, ESQ. ATTORNEY ID#72094 ANGST & ANGST, P.C. 37 SOUTH CLINTON STREET P. O. BOX 1779 DOYLESTOWN, PA 18901 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CHASE MANHATTAN BANK Plaintiff VS AMY M. ROSAK Defendant NO. 04-1463 CIVIL PRAECIPE TO MARK THE JUDGMENT SATISFIED TO THE PROTHONOTARY: Kindly mark the above captione.d m",tter satisfied upon payment of your costs. ANGST & ANGST, P.C. BY: VALERIE ROSENBLUTH ANGST, ESQ. o C" ~., (",-:';> ..'::;.'..J. C.n :::l \,Ii'l r') ~l I N ...~~':: ()1 O'~