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HomeMy WebLinkAbout01-1583Ron Z. Opher, Esquire Attorney for Plaintiff Attomey~57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 FIRST SELECT, INC. 4460 Rosewood Drive Pleasanton, CA 94588 Plaintiff ERIC K MASSEY 154 S HANOVER ST APT 2 CARLISLE, PA 170133418 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW No. COMPLAINT - CIVIL ACTION NOTICE TO DEFEND AVISO 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 any other Le han demando a usted en la corte. Si usted quiere defenderse de estas demandadas expuestas en las paginas siguen~es, usted tiente veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hace faita asentar una compamncia escrita on en persona o con un abogado y entregar a la corte enforma escritas sus objectiones a las demandas en contra de su persona. Sea avisado que si nsted no se defende, la cone tomara medidas y puede continuar la deraanda en contra suya sin pmvin aviso o notification. Ademas, la corte puede decidir a favor del demandaute y requiem que usted cumpla con todas las provisiones de esta demanda. Usted puede perdes dinero o claim or relief requested by the plaintiff. You may us propriedadedsu ohos demchos importantes para usted. lose money or property or other rights important to you. LLEVE ESTA DEMANDA A UN ABOGADO YOU SHOULD TAKE THIS PAPER TO YOUR INMEDIATAMENT~. SI NO TIENE ABOGADO O SI NO LAWYER AT ONCE. 1F YOU DO NOT HAVE A TIENE EL DINERO SUFFICI~NTE DE PAGAR TAL LAWYER OR CANNOT AFFORD ONE, GO TO OR SERVICIO, VAYA EN PERSONA O LLAME POR TELEPHONE THE OFF-ICE SET FORTH BELOW TO TELEFONO A LA OFFICINA CUYA DIRECCION SE FIND OUT WHERE YOU CAN GET LEGAL HELP. ENCUENTRA ESCR1TA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGULR ASSISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Ave ASSOCIACION DE LICENCIADOS DE CUMBERLAND Carlisle, PA 17013 2 Liberty Ave (717) 249-3166 Carlisle, PA 17013s (717) 249-3166 Ron Z. Opher, Esquire Attomey for Plaintiff Attorney #57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 FIRST SELECT, INC. 4460 Rosewood Drive Pleasanton, CA 94588 ERIC K MASSEY 154 S HANOVER ST APT 2 CARLISLE, PA 170133418 Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA COMPLAINT - CIVIL ACTION COUNT ONE 1. The Plaintiff herein is FIRST SELECT, INC., a Delaware corporation located at 4460 Rosewood Drive, Pleasanton, CA 94588. 2. The Defendant herein is ERIC K MASSEY, 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 6. Under the terms of the patties' 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. b~ addition, Defendant agreed to be liable for PlaintifFs actual costs of collection, including court costs and attorney's fees. See Exhibit "B". 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 rote of 10% pre-judgmenff30% post-judgment, and costs of this action. COUNT TWO 12. set forth. 13. 14. 15. forth above. 16. Plaintiff also claims altematively on the basis of quantum meruit or Quasi Contract. Paragraphs 1 through 11 above are incorporated herein by reference as though fully Plaintiff was neither a volunteer nor an officious intermeddler. Plaintiff is the owner of said credit account. Plaintiff expected payment from the Defendant for said credit in the amount set 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 rote of 10% pre-judgment/30% post-judgment, and costs of this action. Dated: March 16, 2001 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 (01) 02/26/01 (02) 01/25/01 (03) 12/26/00 pAYMENT MIN PYMT PURCHASE CASH ADV CREDITS CURRENT 0 .00 203.00 0 .00 0 .00 0 .00 0 .00 .00 .00 .00 .00 441.06 1.00 .00 MISC CHG 0 .00 INS FEE .00 LATE CHG 20.00 OVRL FEE .00 PUKC F/C .00 CASH F/C 48 LIMIT 00 BALANCE 0 .00 203.00 0 .00 0 .00 0 .00 0 .00 .00 .00 .00 ~00 157.28 1.00 10,143.85 10,143.85 (04) 11/27/00 0 0 0 .00 .00 .00 200.00 393.00 387.00 0 0 0 .00 .00 .00 0 0 1 .00 .00 9,682.79 0 0 0 .00 .00 0 0 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 145.30 138. .00 1.00 1. 1.00 9,986.57 9,841.27 9,682.79 F RST SELECT ACCOUNT AGREEMENT Your SUN TRUST account Ins been transferred to First Select Corporation. Your SUN TRUST accognt was closed at the time of this u'ansfer, and will theretbre coRtinne to be closed. This Account Agreement contains ~he terms that govern your FL Select account (the "Account"). In this Agreement, "you" and "your" ~nean each person who is liable for payment on the .account "We," "our," "ours," and "us" mean First Select Corporation or its assignees. Because your Account bes been transferred to us, you are now obligeted tu repay the Account to us instead of SUN TRUST. If the Account was oponed as a joiRt accounk we may act on the instractions nfany joint accounthoider, x Payments / Finance Charges, ,~ long as you have a balance outstanding on your Aecoung finance charges are calcuhited ~s follows: To fignr¢ the finance charges for each billing cycle, we muhiplv the average daily balance on your Account by a deify periodic rate. The daily periodic rate we apply is your Account's ,~ual pe~,,eaatage Rate ~i~ided by 36~. T~e Annua! Percentage Rate will be calculated m disc!used in.your most recent SUN TRUST account terrm (the "Original Terms ). If your Original Terms prowded for different Annual percentage Rates to be apphed to different components of your ontsnanding balance, we will apply the loweg such Annual Percentage Rate to your entire outstanding balance. We may accept late or patfial payments, or payments marked "paid Lq full" or marked w~h other restrict!om, without losing our right to collect all amounts owing tinder this Agreement. You may ask First Select Corporation to pay this account by dahifing your checking or savings account. Fu'st Select Corporation will first veri~ your identity and eligibility for this service. You may revoke your authorization by writing to First Select Corporation Cnstomer Service. Fees. We will charge your Ac-couRt a fee for each bill~g cycle within whinh your Account is delinquent (late charge). The amount nfthe late charge will be ~s disalosed in your Original Terms or the maximum late charge permitted by the law nf youi' state of residence, whichever is lower. We will charge your Account a fee for each returned paymem check (returned check charge). The amount nfth~ rctUm~d check charge will be as disclosed in your Original Terms, or the maximum returned check charge permitted by the law of your state nf residence, whmbever ts lower. To the ex'~nt provided in your Original Terms, and to the ex'tent permiRed by applicable law, in addition to your obligation to pay thc outstanding balance on,your Account, plus interest and fees as disclosed herein we may also charge you for any collection costs we hicut, including .but not limited to l~asonabla attorneys fees and court costs. If your Original Terms provided for an award of attorneys' fees and cour~ costs, such provision as incorporated herein shall apply reciprocally to tha prevailing party in any lawsuit arising out nf this Agreement. Non-Waiver of Certain Rights. We may d~lay or waive cnforcetnent of aiay provision of this Agreement without loshig our right to enforce it or any other provision la~er. Applicable Law; SeverabgRy; Assignment. No matter where yo~ l!ve, this Ag.r..?ement and your Aec?~nt are gnvern~ by federal law arid by the law nfthe state designated as fue xpplicable law in your Origlnal Terms. If your Or!gruel t?s. did not contra an xppbcable !aw provision, then this Ageeement and your Account are governed by federal law and the law of your state of residence. This Agreement ts a final expression of the agreement between you and us and may not be contradicted by evidence of any alleged oral age~ement. If any provisi~ or,his Agreement is h~ld t! be invalid or unenforceable, you and we ~vill cons!der that provision modificd to conformto applicableinw, andth~ rest ofthe provlsmns rathe Agreement vail stlllbe enforceable. We may~rannfer or assign our right tu all or some nf your payments. If stete law requires thnt you receive nntice of such an event to protect the purchaser or assignee, we may give you such nntice by filhig a financing statement with the state's Secretary nf State. Credit Reporting; personal Informa~on. If you fail to fulfill file terms of your credit obligation, a negative credit report reflecting on your credit record may be submitted tu a credit reporting agency. In order tu dispRte any information we are repo~ng about your AcenuRt, you must write tu us at the followintg address: First Select Corporation, P.O. Box 9104, pleasanton, California, 94566. W¢ may d~m't infarmnti~n ~it[r ~m' affili~t iacl~ ,~ng, ~itlt~at limltattaa, Pro~iaTan N~tian al B~nf an d Pre~idiaa ~ank. H~¢~er, yo~ may wrlnt tem at any tim~ in~tructln~ ut n at to tt~r* ertdit tafarm~man witlt cur affdlate~. 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 If you think your bill is wrong or if you need more information 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 yonr Ieaer, give us the following; · Your nanle and AcconRt number. · The dollar amount of ibc suspected error. · D~scribe the error and explain, if you can, wby 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 leRer within 30 da3% unless we bare corrected the error by then. Within 90 days, we must either correct the error or ex'plain why we believe the bill was correct. After we receive your letter, ~ve cannot tr-:, to collect or report you as delinquent as to any amount you question, including finance charges. We can apply any unpaid amount against your credit line. You do not have to pay any questioned amonnt while we are investigating, but you are still obligated to pay the paris nfthe bill that are not in questiml. If we find that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amonnt. If we did not make a mistake, you may have to pay finance charges, and you will have to make tip the missed payments on th~ questioned amount. In either ease, 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 ~ve think you oxve, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us withhi 10 days telling tis that you still refirse to pay. we must tell anyone we report you to that you question your bill. )aid we must tell you tbe name nf allyon¢ we repotted you to. We must tell anyone xve report you to that the matter bas been settled between us when it finally is. If we do not follow these roles, we cannot collect the first :550 of the questioned amount even if your bill was eorre~.n. Special Rule for Credit Card lh~rchases if you have a problem with the quality of goods and sen,ices that you ptlrchased with your SUN TRUST credit card and you have tried in good faith to correct tile problem with the merchant, you may not have to pay the remaining amount due on the goods or services. There are two limitation~ to th s ~ighi: (a) you must have been more lhan $50. These Imntatlons do not appl', If e~lber we or SUN TRUST own or operate the mercba~ t or ffwe or SUN TRUgT ma~ e4 yo~/tl[e. VERIFICATION _DELORES CHARI..P..$ [, , 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 beIief; and 3. I understand that the statements in smd complaint are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DELORES CHARLES MARCH 1 5, DATED~ 2001 SHERIFF'S RETURN - REGULAR CASE NO: 2001-01583 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND FIRST SELECT INC VS MASSEY ERICK K GERALD WORTHINGTON Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE MASSEY ERIC K DEFENDANT at CUMB. CO. CARLISLE, PA 17013 ERIC K. MASSEY a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to was served upon , at 0012:39 HOURS, on the 6th day of April SHERIFF'S DEPT 1 COURTHOUSE SQUARE to by handing the together with law, , 2001 and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 ~~.~f~ Service 3.10 Affidavit .00 Surcharge 10.00 R. s Kline .00 ~ 31.io o~/o~/~OOl RON Z. OPHER Sworn and Subscribed to before me this ~ day of 0~'~ ~! A.D. ~othonotary Deputy S~Fri f f Ron Z. Opher, Esquire Attorney for Plaintiff Attomeyg57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 FIRST SELECT, INC. 4460 Rosewood Drive Pleasanton, CA 94588 Plaintiff ERIC K MASSEY 154 S HANOVER ST APT 2 CARLISLE, PA 170133418 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 01-1583 PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, FIRST SELECT,/NC., 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 Ron Z. Opher, Esquire ID #57507 Attorney for Plaintiff AND NOW ]~ ~ ~/' / ! ,20 O [ , Judgment is entered in favor of FIRST SELECT, INC., againstSDefendant, 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 Cents ($13780.42) plus costs as per the above certification. Prothonotary 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 Plaintiff ERIC K MASSEY 154 S HANOVER ST APT 2 CARLISLE, PA 170133418 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 01-1583 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. Ron Z. Opher, Esquire Attorney for Plaintiff Attomeyg57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 First Select, Inc. 4460 Rosewood Dr. Pleasanton, CA 94588 Plaintiff ERIC K MASSEY 154 S HANOVER STAPT 2 CARLISI.E; PA 170133418 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 01-1583 TO: ERIC K MASSEY 154 S HANOVER ST APT 2 CARLISLE, PA 170133418 DATED: April 27, 2001 IMPORTANT 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 MAY BE 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 SERVICI: CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER Ron Z. Opher. Esq. PO, Box 2245 Sot~thea~Iern, PA 19399 PS Form 3817, Mar, 1989 FIRST SELECT, INC. 4460 Rosewood Drive Pleasanton, CA 94588 Plaintiff ERIC K MASSEY 154 S HANOVER ST APT 2 CARLISLE, PA 170133418 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 01-1583 CERTIFICATION OF ADDRESSES AND AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : :SS COUNTY OF CUMBERLAND : 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 Plainfiffis 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 or Temtory 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 lrue 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 unswom falsification to authorities. DATED: May 8, 2001 BY: Ron Z. Opher, Esquire Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 9O2-O530 First Select, Inc. 4460 Rosewood Dr. Pleasanton, CA e-/'-/S-cdre5 Plaintiff ERIC K MASSEY 141 N. BEDFORD ST. CARLISLE, PA 170133418 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 01-1583 PRAECIPE FOR WRIT OF EXECUTION - MONEY JUDGMENTS TO THE PROTHONOTARY: Kindly issue Writ of Execution in the above mat~er, direxXed to the Sheriff of, D~[I.).~J~. 'County, PA; (1) against Pennsylvania State Employees Cu, located at One Credit Union Pl. Harrisburg, PA 17110, as Garnishee. and index this writ against ERIC K MASSEY, Defendant as a lis pendens against the real property o the Defendant. AMOUNT DUE: POST-JUDGMENT INTEREST FROM May 11, 2001 (@6% per annum) TOTAL PLUS COSTS $13780.42 $826.83 $14607.25 BY: Ron Z. Opher, Esquire Attorney for Plaintiff ID#57507 C~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 01-1583 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF DAUPHIN 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 (1) 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 fi.om paying any debt to or for the account of the defendant (s) and fi.om delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property 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 him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $13,780.42 L.L. $.50 Interest FROM 5/11/01 (66% PER ANNUM) $826.83 Atty's Corem % Due Prothy Arty Paid $103.60 Other Costs Plaintiff Paid Date: APRIL 16, 2002 REQUESTiNG PARTY: Name RON Z. OPHER, ESQUIRE Address: P.O.BOX 2245 SOUTHEASTERN, PA 19399 Attorney for: PLAINTIFF Telephone: 610-902-0530 Supreme Court ID No. 57507 $1.00 CURTIS R. LONG Prothonotary, Civil Division .~By: _//"~.~ ~. ~'~c~~ Ron Z. Opher, Esquire Auorney for Plaintiff Attorney#5?507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 First Select, Inc. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW ERIC K MASSEY : NO. 01-1583 Defendant : Pennsylvania State Employees Cu : - Garnishee : Z ~: ~.Xt~ ~ INTERROGATORIES IN ATTACHMENT TO: Pennsylvania State Employees Cu, garnishee You are required to file answers to the following interrogatories within twenty (20) days after sen'ice Ulx you. Failure to do so may result in a default judgment against you. 1. At the time you were sen, ed 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 st please explain and identify further the nature of this property and its location. bio o 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. biO. 3. At the time you were served with the writ of execution, or at any subsequent time, did you hold leg~ title to an3' property of any nature owned solely or in part by any defendant or in which any defendant t or claimexl an interest2 If so, please explain and identify further the nature of this property and its loc~ NO. 4. At the time you were served with the writ of execution, or at any subsequent time, did you hold a fiduciazT any property in which any defendant had an interest? If so, please explain and identify fur nature of this property and its location. biO. 5. At the time you were serv-ed with the writ of execution, or at any subsequent time, did any dele transfer or deliver any property' to you or to any person or place pursuant to your direction or con,, so, please explain and identify further the nature of this property and its location, as well as the consideration given therefor· bio. 6. At the time you were sensed with the writ of execution, or at any subsequent time, did you ! or deliver any money or property to an5' defendant or to any person or place pursuant to any- de direction or otherwise discharge any claim ofany defendant against you? If so, please explain and/dentil further the nature of this property and its location, as well as the consideration given therefor. ~.o iAt the time you were served with the writ of execution, or at any subsequent time, de.posit boxes, pledges, documents of title sec .sa, rings, tax or other acc ........ ' 'ur/ties, notes ,.,,, ...... did you have any s ment~fy further the .atu~'eU~ft~i.rqaepos'ts ,n which any de?~n~d~a~?.~ receivables, collateral, checking, ,m~ property and/ts location. -- .... an interest? If so. please explain a~ Yes. ~ Attorney for Plaintiff SHERIFF'S RETURN ~.~/- /~'Y3 0934-NT - - -2002 PERSONAL PROPERTY J WRIT OF EXECUTION & INTERROGATORIES FIRST SELECT INC vs MASSEY ERICK K A~d Now: April 17, 2002 at 10:01 A.M. RECEIVED FROM PROTHONOTARY - PP D_~d Now: April 22, 2002 Receipt # 163312 at 2:13 P.M. PAYMENT RECEIVED And Now: April 23, 2002 at 8:52 A.M. INITIAL SERVICE And Now: April 23, 2002 at 12:52 P.M. SERVED GARNISHEE(S) And Now: April 23, 2002 at 12:52 P.M. AS CO~4ANDED DID ATTACH ALL MONIES, DEBTS, CREDITS, RIGHTS, INTEREST, REAL & PERSONAL PROPERTY OF ERIC K MASSEY DEFT IN HANDS OF PSECU GAR BY ~ANDING TO BONNIE BERKOSKI MGR A TRUE COPY OF WRIT/INTERROGATORIES AND MAKING KNOWN TO HER CONTENTS T~EREOF 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 TW/MK Sheriff's Costs State/Prothonotary Fee Poundage So Aiiswers, Sheriff 06/04/2002 PAGE Ron Z. Opher, Esquire Attorney for Plaimiff Attomeyg57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 FIRST SELECT, INC. Plaintiff ERIC K MASSEY and Defendant PENNSYLVANIA STATE EMPLOYEES CU Garnishee : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW : NO. 01-1583 : CIVIL 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 orS 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 Ron Z. Opher, Esquire Attorney for Plaintiff TO: PROTHONOTARY COURT OF COMMON PLEAS CUMBERLAND COUNTY COURTHOUSE 1 Courthouse Square Carlisle, PA 17013 PENNSYLVANIA STATE EMPLOYEES CU c/o Kathleen Weinstein, Account Advisor 1 Credit Union Place Harrisburg, PA 17106-7013 FIRST SELECT, INC. Plaintiff ERIC K MASSEY Defendant and PENNSYLVANIA STATE EMPLOYEES CU Garnishee : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW : NO. 01-1583 : CIVIL ACTION 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. Prothonotary IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL RON Z. OPHER, ESQUIRE, at 610-902-0530. Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 First Select, Inc. ERIC K MASSEY Plaintiff Defendant and Pennsylvania State Employees Cu Gm~ishee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 01-i583 INTERROGATORIES IN ATTACHMENT TO: Pennsylvania State Employees Cu, garnishee You are required to file answers to the following interrogatories within twenty (20) days after service up( you. Failure to do so may result in a default judgment against you. 1. At the time you were sen, ed 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 fresher the nature of this property and its location. ~.o ~.t 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 natm'e of this property and its location. NO. 3. At the time you were served with the wnt 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 nature 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 sen'ed with the writ of execution, or at any subsequent t/me, did you pay, transf or deliver any money or property to any defendant or to any person or place pursuant to any defendant's direction or otherwise discharge any claim of any defendant against you? If so, please explain and identil further the nature of this property and/ts location, as well as the consideration giv en therefor. ~.o 2at 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. Ron Z. Opher Attorney for Plaintiff S1 Regular Shares $ 36.59* S4 Checking Shares $278.22 *$5.00 Membership Fee bela in Regular Shares. Ron Z. Opher, Esquire Attorney for Plaintiff Attorney#57507 P.O. Box 2245 Southeastern, PA 19399 (610) 902-0530 FIRST SELECT, INC. Plaintiff ERIC K MASSEY and Defendant PENNSYLVANIA STATE EMPLOYEES CU Garnishee : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : CIVIL ACTION - LAW NO. 01-1583 CIVIL ACTION CERTIFICATION OF ADDRESSES I, Ron Z. Opher, of full age certify and say: 1. I am the attorney for the'plaintiff in the above entitled action and am familiar with the records which form the within action. 2. Defendant-Crarnishee is neither an infant nor an incompetent person. 3. Defendam-Garnishee is not in the ARMED FORCES of the UNITED STATES at this time, but is a depositor' institution answering through its representative, c/o Kathleen Weinstein, Account Advisor 1 Credit Union Place Harrisburg, PA 17106-7013 4. The address of the Plaintiffis 4460 Rosewood Drive, Pleasanton, CA 94588. I CERTIFY that the statements made by me are tree. I am aware that if any of the statemems are willfully false, I am subject to puhishmem under 18 Pa.C.S.A. §4904, relating to unswom falsification to authorities. DATED: May 9, 2002 BY: Ron Z. Opher, Esquire Attorney for Plaimiff RON Z. OPHER, ESQUIRE IDENTIFICATION NO.: 57507 Attorney for Plaintiff P.O. Box 2245 Southeastern, PA 19399 Telephone No.: (610) 902-0530 FIRST SELECT, INC. Plaintiff ERIC K MASSEY and Defendam PENNSYLVANIA STATE EMPLOYEES CU Garnishee IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 01-1583 CIVIL ACTION PRAECIPE TO MARK JUDGMENT SATISFIED AS TO GARNISHEE TO THE PROTHONOTARY: Kindly mark the judgmem entered in favor of the Plaimiff, FIRST SELECT, INC. and against the Garnishee, PENNSYLVANIA STATE EMPLOYEES CU, in the amount of $309.81 SATISFIED. BY: Ron Z. Opher, Esquire Attorney for Plaimiff