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Home My WebLink About01-7136VALERIE 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 CUMBERLAND FIRST SELECT, INC. ESQUIRE COUNTY COURT OF COMMON PLEAS Plaintiff VS. MANUELA C BURKEY Defendant NO. of - 7136 NOTICE You have been sued in Court. If you pages, h t defend against the claims set forth in the following within twenty (20) days after this Complaint and personally otr ce are served, by entering a written appearance P by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. withoutYou are warned that if you fail to do so, the case may proceed Court without further judgment may be entered against you by the 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 OFFICE SET FORTH LAWYER BELOW TO FIND OUT WHERE, YOU GO TO, OR 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. 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#:4168100017207315 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS MANUELA C BURKEY 17 ROBIN CT MECHANICSBURG, PA 17055-4371 DEFENDANT NO. OI - 171 CIVIL 1. The Plaintiff, First Select,3Inc. 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, MANUELA C BURKEY , is an individual who resides at 17 ROBIN CT MECHANICSBURG, PA 17055-4371, . 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 4168100017207315. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $3,944.26 as of 12/05/2001, plus pre-judgment contractual interest at the rate of 7.40% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A", Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $670.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $3,944.26, plus pre-judgment interest at the contractual rate of 7.40% per annum from 12/05/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $670.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT II 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. 12 It would be inequitable for this Court to allow the Defendant THIS IS AN ATTEMPT TO COLLECT A DEBT. WILL BE USED FOR THAT PURPOSE. ANY INFORMATION OBTAINED to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the DefendaFla to retain the value of the funds at issue without repaying the the value of same. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against tinterest Defendant in the amount of $3,944.26, plus pre-jugment at the contractual rate of 7.40% per annum 12/005/2001 until the date of the judgment herein, plus plus costs and any in the amount of $670.00, less payments made, p other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: ERIE RO UTH PARK, ESQUIRE IT IS REQUIRED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. . THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VERIFICATION SUSAN GoMERD declare that: I am I, IRST SELECT, INC., the Plaintiff in this a Designated Agent of F 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. Date Designated Agent EXHIBIT M -FIRST SELE CT C 0 R P 0 R A T 1 0 N ACCOUNT AGREENIJENT er, and will p cc°unt ) In this Agreemem, "You" and to First Select Corporation Your WELLS F.4RG0 account t closed at the time of this account has b?ol?fe ?t god Yout Fast Select acaoum (the " on ar its atsignea Because Your opened as a joint account, Your WELLS FARGO sit contains the terms and »?» mean Fus[ Select Corpo t was dteref°rc continue to be person wlose& This ho is liable for payment on the Aaxa+m "We " "o us instead of WELLS FARG• if the Accom .Your, has been transferred to us, You are now obligated to repay the Account to ors of any joint accountholder, finance charges are calculated as follows- we may act on the instructs on your Account fi odic Payments rate. The daily periodic rate we / Finance Chat'ges. As long as you have a balance Outstanding- balance on your Account by a daily peri out most recent WELLS Rate will charges far each billing le we multiply the average daily a g be c?culated as t scto be applied to diJfermt components of _= divided by 365. The Arm -tied far ? Annual Percentage Rates 11111 To figure the Rate ly is Your FFAARG account terms ("uaOlriPgiercentag Original Terms 7. If your original PT zg to your entire outstanding balance to collect all amounts owing balance, we will apply the lowest such Annual with other restrictions, without losing our right your outstanding is marked »Paid in full" or marked We may accept lam or partial payments of payments marked lam charge). The amount of the lace charge will be as under this Agreement- le within wn ch your Account is de of residence, whichever is lower- law, our Account a fee for each billing hime pined by the law of your stain check charge will be as disclosed in we will charge Y Fees. Original Terms or the maximum check charge). The amo disclosed in your unt of the returned tend by the law of your stain of residence, whichever is lower. balance on your he Outstanding We will charge your Account the I fee mum returned chedek clt eg permitted returned oon to your Origuaal Terms. or by applicable law, is addition to your udi g but not altmimd to reasonable attomeYs al Terms, and to the extent permitted for any collection costs we attar, including- one herein shall apply To the extort provided in your Origin herein we may also charge Y° fees and court costs, such provision as mcorp Account, Plus interest and fees as disclosed tided for an award of attotneys' feat and court costs. tf your Original azryrilawsust arising out of this APTe rrC6t our right to enforce it or any other reciprocally to the prevailing Party vision of this Agreement without losing law of the scam Non-Waiver of Certain Rights We may delay or waive enforcement of any provision provision later. veined by federal law and by Applicable Law Severability pssigerrnent No manor where you live. t this Agreement and yo n' al expresnlaa ofthe a3reemen this Agreement and your did not contain applicable pro v You and us and may invalid orceable, you and we will consider applicable law in Your Original Terms. If your original is a fin designated as the of residence This Ageenrent ent is held to be al>r>? We matter ar assign our right Accourrl.are governed by federal law and the larval y ? any provision of this Agreenn ein will still be we may give you all no agramn If ch tics not brcomradicred by evidence of any alle?law, and the test of the provisions in the Agreem the or assignee, that provision modified to conform to applicable law bi e, that you receive route of such an event to protect purchaser of our payments. If state an record may be submitted to a credit by filing financing statement with the state's Secretary of State. negative credit report reflecting Your credit First Select you fail to fulfill the terms of your credit obligan?utnee coYou must write to us at the following address- Credit Reporting. If y any idormeuort we are reporting .. reporting agency. In order to dispute California, 94566. Corporauon, P.O. Box 9104, Pleasanton, THIS NOTICE FOR FUTURE USE YOUR BILLING RIGHTS - KEEP sin ttant information about your rights and our resPo asilnlitis under the Fair Credit Billing Act This notice contains P° Questions About Your Bill First Select Notify Us in Case of Exton or our bill, write us, on a separate sheet, at the following address' or if you need more information about an entry on your W e must heat from you no later than 60 days after we sent you the fast bill if you think your bill wrong CA 94566. Write to us as soonn Pcsusnot preserve your rights. Corporation, P.O. Box 9104 blem appeared. You can telephone us, but doing essamOll, on which the error or po In your letter, give us the following: • Your name and Account number. you are not sure about. can, why you believe there is an error. If you need more information. describe the . ttzrta y • The dollar amount of the suspected error. • Describe the error and explain, Y onsibilities After We Receive Your Written Notice we muss either correct the error or explain why we Your Rights and Our Resp the eria by them Within 90 days, amount you question,. including finance. ll within 30 days, unless we have corrected report you is delinquent as to any tanbus you arc se we must acknowledge your letter v to oned amount while we ate mestige & believe the bill was correct After we receive younrrtlz our credt? e. You dolnot have e coo p Y any queen . charges. W e cart apply any unpaid amount agar, Y obligated to pay the parts of the bill that are not in question av anv finance charge related to any questioned amount wIf we e wills not make a mistake, ad you a statement of You e on your bill, you will not have to P : ed a sits on the questioned amount In zither sit However, of our explanation if we fend that we made a mistak ou owe, we may report you as deltnqu you uestion your bill. may have to pay finance charges, and you will have to make up the mass P we must tell anyone we report you to that y 4 you to that the mama has been setdzd between us when it finally is the amount you owe and the date that it is due. If you fail to pay the amount we think you ou and you write to ass within 10 days telling us that you still refuse to Pay, rt r te ma does not satisfy y You to' uestsaned amount even if your bill was collect threported ast S50 f dm must [ell anyone we repo And we must tell You the name we anyone if we do not follow these rules, have tried in good faith to correct Special Rule for Credit Card purchases WELLS F two 1'unitations to this right: (?) you must unlit of nods and services that you purchased with your .>RG credit card an you ;ghse pace must are address', and (b) the p if you have a problem with the q Y g av the remaining state. within on 100 the miles ogoodsf or your services. There mailing or if we or WELLS FARGO mailed You the problem with the merchant, You may not have to pay in if your home s have made [he Purchase to Your home state or, tFnot l within v if your either we home or WELLS FARGO own or apzratt the merchant. the have been re advertisement For the property or saws ?? not app l 0 d 6 0 rn h N 0 z w N 0 n 0 otl SHERIFF'S RETURN - REGULAR CASE NO: 2001-07136 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT VS BURKEY MANUELA C DOUGLAS DONSEN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BURKEY MANUELA C the DEFENDANT , at 1500:00 HOURS, on the 26th day of December , 2001 at 17 ROBIN CT MECHANICSBURG, PA 17055 by handing to MANUELA C BURKEY 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 18.00 Service 7.80 Affidavit .00 Surcharge 10.00 .00 35.80 Sworn and Subscribed to before me this day of Prothonotary So Answweer?s : R. Thomas Kline 12/27/2001 PARK LAW ASSOC. By: Deputy Sheriff 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: 17 ROBIN CT MECHANICSBURG, PA 17055-4371 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS MANUELA C BURKEY Defendant NO. 01-7136 CIVIL TERM PRAECIPE FOR JUDGMENT BY AGREEMENT TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff and against the Defendant named in the attached Praecipe for Entry of Judgment by Agreement attached hereto and made a part hereof as Exhibit "A". AMOUNT OF CLAIM ATTORNEY FEES PLUS ACCRUED INTEREST AT 7.40% PER ANNUM FROM 12/05/2001 LESS PAYMENTS MADE $3,944.26 $670.00 $45.58 TOTAL $4,659.84 PLUS ADDITIONAL COSTS PARK LAW ASSOCIATES, P.C. - VALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW, ?V ?CY>? udgment is entered as above. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 FIRST SELECT, INC. Plaintiff VS MANUELA C BURKEY Defendant COUNTY COURT OF COMMON PLEAS NO. 01-7136 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY AGRF TO THE PROTHONOTARY: Please enter Judgment by Agreement this 7A day of 2001. It is hereby agreed between the parties that Judgment be entered in this action in favor of Plaintiff, FIRST SELECT, INC., and against Defendant, MANUELA C BURKEY , for the principal amount of $3,944.26 plus interest at 7.40% per annum from 12/05/2001, until judgment is entered plus attorney fees of $670.00, less payments of U plus court costs. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE Attorney for Plaintiff MANUELA C BURKEY 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 FIRST SELECT, INC. VS. MANUELA C BURKEY : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : NO. 01-7136 CIVIL TERM N O T I C 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: ( } Judgment ( } Money Ju ( } Judgment ( } Judgment { } Judgment { } Judgment { } Judgment {X} Judgment Plaintiff Defendant by Default figment in Replevin in Possession on Award of Arbitration on Verdict on court Findings by Agreement IF YOU HAVE ANY QUESTIONS CALL: PARK LAW ASSOCIATES, P. C. 348-5200. CONCERNING THIS NOTICE, PLEASE at this telephone number: (215) PROTHONOTARY: (-J) ZZ2? 11-4 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ca M FT ? v cr ?r d co J a U N -n cz 77 1?7 -71 M In the Court of Common Pleas of CUMBERLAND County Commonwealth Financial Systems, Inc. Assignee of Credigy Receivables Inc. Assignee of First Select, Inc. Plaintiff VS. : NO: 01-7136 MANUELA BURKEY Defendant : PRAECIPE TO MARK JUDGMENT TO USE OF ASSIGNEE To the Prothonotary: Mark the judgment in the above case to the use of Commonwealth Financial Systems, Inc. upon payment of your costs only. Dated: June 19, 2008 Michael F. Ratchfor , squire 1729 Pittston Avenue Scranton, PA 18505 (570) 558-5510 Supreme Court ID No: 86285 ASSIGNMENT OF JUDGMENT KNOW ALL MEN BY THESE PRESENTS, that I, Rob Munroe, Vice President of Credigy Receivables, Inc., assignee of First Select, Inc., in consideration of the receipt of the agreed upon amount on March 14' 2008, from Commonwealth Financial Systems, Inc., do hereby grant, bargain, transfer, assign, and make over to Commonwealth Financial Systems, Inc., with principal place of business located at 120 North Keyser Ave., Scranton, PA 18504, a certain judgment recovered in the Court of Common Pleas of CUMBERLAND County, Pennsylvania on February 14, 2002, Docket NO.01-7136 , against MANUELA BURKEY, of 17 ROBIN CT MECHANICSBURG PA 17055-4371, for the principal sum of $4,659.84; together with all the benefits and advantages that may be obtained thereby, and full power to enforce and recover the judgment to its own use. I further authorize and empower the prothonotary or any attorney on behalf of Commonwealth Financial Systems, Inc. to mark the judgment to Commonwealth Financial Systems, Inc's-use. s? Rob Munroe Vice President of Credigy Recievables Inc., a Nevada corporation ("CRI"), as attorney-in-fact pursuant to the Power of Attorney, dated as July 30, 2004, granted by First Select, Inc., a Delaware corporation, in favor of CRI, a copy of which is attached as Exhibit A hereto. IN WITNESS WHEREOF, I have set my hand and seal this' 0 day of , 2008. ``````???utuun??igi TTEMz''r ,GEEXpIRFS :cn JULY 3a'°.It1 12010 , GA& IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Commonwealth Financial Systems, Inc. Assignee of Credigy Receivables Inc. CIVIL ACTION Assignee of First Select, Inc Plaintiff : vs. NO: 01-7136 MANUELA BURKEY Defendant : CERIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on June 19, 2008 I served a copy of the Assignment of Judgment and Entry of Appearance in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: MANUELA BURKEY 17 ROBIN CT MECHANICSBURG PA 17055-4371 Edwin A. Abrahamsen & Associates, P.C. B Michael F. Ratchford, Esquir Attorney I.D. No.: 86285 1729 Pittston Avenue Scranton, PA 18505 (570) 558-5510 # (') r.,, c° * C) ' 00 r 55 -n ,4? la4 rry b `,k Commonwealth Financial Systems, Inc. Assignee of Credigy Receivables Inc. In the Court of Common Pleas of Assignee of First Select, Inc CUMBERLAND County, Pennsylvania Plaintiff Civil Division VS. MANUELA BURKEY NO: Q I-7136 Defendant Praecipe for Entry of Appearance Kindly enter my appearance on behalf of Commonwealth Financial Systems, Inc. Assignee of Credigy Receivables Inc. Assignee of First Select, Inc. in the above-captioned matter. Date:June 19, 2008 Michael F. Ratchford, Espy' e 1729 Pittston Avenue Scranton, PA 18505 (570) 558-5510 Supreme Court ID No: 86285 t =) C5 0 po te' c_. r -r-; ! t ; c - == Ci? rv °a7 C) -<