HomeMy WebLinkAbout04-3608
Helene B. Raush
BarNo: 60140
Of Counsel to
Stewart & Associates, P.C.
P.O, Box 2629
Suwanee, GA. 30024
(866) 990-9968 phone
(678) 684-4120 fax
Credigy Receivables Inc.,
Plaintiff,
vs.
Virginia M Lillie,
Defendant.
To:
Virginia M Lillie
372 Bumthouse Rd
Carlisle, P A 17013
)
)
)
)
)
)
)
)
)
)
)
CUMBERLAND COUNTY
COURT OF COMMONS PLEAS
TRIAL DIVISION
Civil Action No.: OLl - .31.cJ>
Ciull'T€JLWI
Arbitration Matter
Assessment of Darnages Hearing
Not Required
NOTICE
~~:
~~~
V
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 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 claim 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.
Pennsylavania's Lawyer Referral Services can be reached at 717-240-6200.
Office headquarters are located at 4th Floor, Cumberland County Courthouse
Carlisle, PA 17013.
***** NOTICE PURUANT TO FAIR DEBT COLLECTION PRACTICES ACT*****
This communication is from a debt collector.
This is an attempt to collect a debt and any information obtained will be used for that
purpose
Usted ha sido demandado en el Tribunal. Si usled desea defender contra los reclamos
expuso en las paginas siguientes, usted debe tomar medidas dentro de veinle (20) dias
despulls que esta Queja y la nota son servidas entrando una apariencia escrita personalmente
o por abogado y clasificaci6n a escribir con el tribunal sus defnsas 0 las objecciones a los
reclamos exponen contra usted. Usted es advertido que si usted falla de hacer asi, el caso
puede avanzar sin usted y un juicio puede ser entrado contra usted por el tribual sin sota
adicional para cualquier dinero reclamado en la queja 0 para cualquier otro reclamo 0 el
alivio solicitados por el Demandante, Usted puede perder dinero 0 propiedad u otros
derechos importantes a usted.
USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI
USTED no T1ENE a UN ABOGADO ni no PUEDE PROPORCIONAR UNO, IR A ni
TELEFONEAR LA OFICINA EXPUSO DEBAJO DE A VERIGUAR DONDE USTED
PUEDE OBTENER A YUDA LEGAL.
Servicio De Referencia E Informacion Legal 717-240-6200. 4th Floor,
Cumberland County Courthouse Carlisle, P A 17013.
***** NOTICE PURUANT TO FAIR DEBT COLLECTION PRACTICES ACT*****
This communication is from a debt collector,
This is an attempt to collect a debt and any information obtained will be used for that
purpose
Helene B, Raush
Bar No: 60140
Of Counsel to
Stewart & Associates, P.C,
P.O. Box 2629
Suwanee, GA. 30024
(866) 990-9968 phone
(678) 684-4120 fax
Credigy Receivables Inc.,
Plaintiff,
vs,
Virginia M Lillie,
Defendant.
)
)
)
)
)
)
)
)
)
)
)
CUMBERLAND COUNTY
COURT OF COMMONS PLEAS
TRIAL DIVISION
Civil Action No.: 0'-1- J~P (J,Ol.C-r~
Arbitration Matter
Assessment of Damages Hearing
Not Required
COMPLAINT
The Plaintiff asserts the following cause of action against the Defendant:
1. That Credigy Receivables Inc., Plaintiff, was and is, during all times mentioned in
this Complaint, a corporation organized and existing under and by virtue of the laws of the State
of Nevada, having its principal place of business located at 9404 Drew Court Las Vegas, Nevada
89117.
2, That Virginia M Lillie, Defendant, is and was at all times relevant to this case a
citizen and resident of, Cumberland County, Pennsylvania and may be served at 372 Burnthouse
Rd Carlisle, PA 17013.
3. Defendant entered a written contract (the "Contract") for a credit card account (the
"Account") with the Fleet Bank (the "Original Creditor"), specifically account number
4168100023735481 and thereafter assigned the account to First Select, Inc. (the "Prior
Creditor"). An exemplary copy of the Contract is attached hereto as Exhibit "A" and
incorporated herein by reference.
4. Among the terms and conditions of the Contract, Defendant agreed to pay promptly
on rendition of a statement, all charges on the account.
5. Defendant accepted and used the credit card provided by the Original Creditor.
6. The Original Creditor rendered monthly statements of charges to Defendant.
7. The Original Creditor made written demand on Defendant for the balance due and
owing on the account separate and apart from the statements rendered to Defendant, but the
Defendant failed and refused to pay.
8. Defendant agreed in the Contract to pay all reasonable costs of collection, including
reasonable attorney's fees, if Defendant's account was referred to an attorney for collection.
9, The Prior Creditor duly assigned and transferred all of its rights, title and interest in
and to the Account and the Contract, to Plaintiff, and by reason of that assignment, Plaintiff
became, and now is, the holder and owner of the Account and the Contract, as shown on the
Officer's Certificate attesting to the account transfer only attached hereto and incorporated herein
as Exhibit "B."
10. Plaintiff's attorney has notified Defendant as required by the Fair Debt Collection
Practices Act by letter.
FIRST CLAIM FOR RELIEF
(Breach of Contract)
II. The allegations contained in paragraphs I through 10 of the Plaintiffs Complaint are
incorporated by reference herein.
12. Plaintiff has performed all conditions precedent to be performed by Plaintiff under the
Contract or the conditions have been satisfied.
13. Defendant has not repaid Plaintiff for credit extended under the Contract and on the
Account.
14, As a result of Defendant's failure and refusal to pay the balance due on the account,
Plaintiff is entitled to a judgment against Defendant in the amount of $6,622.3 7, that is due with
interest as shown on the Affidavit in Proof of Claim and Non-Military Service attached hereto
and incorporated herein as Exhibit "C."
WHEREFORE, the Plaintiff respectfully requests that the court award the following
relief:
I. Enter a judgment in favor of the Plaintiff and against Defendant in the amount of
$6,622.37 for breach of contract plus interest;
2. Tax the costs of this action against the Defendant;
3. A ward to the Plaintiff its reasonable attorneys' fees, costs and expenses incurred in
prosecuting this action; and
4. Grant such other and further relief in favor of the Plaintiff as the court deems just and
appropriate.
SECOND CLAIM FOR RELIEF
(Quantum Meruit or Implied Contract)
15, The allegations contained in paragraphs 1 through 14 of the Plaintiff's Complaint are
incorporated herein by reference.
16. At the specific instance and request of the Defendant, and for its use and benefit, the
Plaintiff, or its predecessor in interest as the case may be, extended credit to the Defendant under
the Contract and on the Account.
17. Despite the Plaintiffs reasonable expectation to be fully paid by the Defendant for the
balance due and owing on the Account, the Defendant has failed to pay the Plaintiff for said
balance.
18, The Defendant incurred said balance on the Account with knowledge or reason to
know that the Plaintiff expected to be fully paid for such credit extended plus interest.
19. The Plaintiff made demand on the Defendant to fully pay the Plaintiff the above,
stated sum, but the Defendant has failed and refused to do so.
20. As a result of the Defendant's failure and refusal to pay the Plaintiff the above-stated
sum for the credit extended, the Defendant has become unjustly enriched in at least the amount
of$6,622,37, at the expense of the Plaintiff.
21. The Plaintiff is therefore entitled to recover from the Defendant in quantum meruit
and/or on the basis of implied contract the sum of credit extended on the Account, plus interest
thereon.
WHEREFORE, the Plaintiff respectfully requests that the court award the following
relief:
I. In the alternative, enter a judgment in favor of the Plaintiff and against Defendant in
the amount of $6,622.37 in quantum meruit, or on implied contract plus interest;
2. Tax the costs ofthis action against the Defendant;
3. Award to the Plaintiff its reasonable attorneys' fees, costs and expenses incurred in
prosecuting this action; and
4, Grant such other and further relief in favor of the Plaintiff as the court deems just and
appropriate,
Respectfully submitted this :2/t!day of --:ru':t
,~.
~,6,~
Helene B, Raush
Bar No: 60140
Of Counsel to
Stewart & Associates, P.C,
P.O. Box 2629
Suwanee, GA. 30024
(866) 990-9968 phone
(678) 684-4120 fax
NOTICE PURUANT TO FAIR DEBT COLLECTION PRACTICES ACT
This communication is from a debt collector. This is an attempt to collect a debt and any
information obtained will be used for that purpose.
VERIFICATION
I hereby state that I am the Assistant Vice President of Plaintiff, that I am authorized to make this
verification on behalf of Plaintiff in the foregoing action, that I have personal knowledge of the
statements made in the foregoing Complaint, and that the statements made in Plaintiff's
Complaint are true and correct to the best of my knowledge, information and belief.
I understand that the statements in this verification are made subject to the penalties of 18
Pa,CS S 4904 relating to unsworn falsification to authorities.
CREDIGY RECEIVABLES INC,
BY: OAA~uJ~)Ju-n
AFnANT
EXHIBIT A
F1RST SELECT
CORPORATION
ACCOUNT AGREEMENT
Your FLEEj BANI: accoun1 has been transfl':rrtd lD First Select em-pormian. Your FLEET BANI-~ account was closed 81thI': time ofthis transfer and wi]] therefore cominue
10 be closed. Thi~ Ar.:coum Agreement conwins the tern,s lhm goveIT. YOl.lf FiTS! Select llCCOUI1l (the "AccOUnl"j 1n Ihi~ Agreemenl "you" llnd "your'~ mean ellch person who is
habit for pilymem on the Account. "We" "om" .and "us" me1l11 First Seh:cl Corporation or its assignees Because your Account has been transferred II! us, you lire now
obligated tv repay the ACCOUl1llO m instead of FLEET BANK. 1fthe Aecoun! was opened as a joint <lecount, WI': may aCl on the inSlrUCliom or any jojnt account holder.
l'aymcllts/FillUlICC Charges: As long a<; you have a balance oUlSlanding on YOUT Acr::oum, finance charges aTe calculated as follows.
To figure the finance charges for tadl billing cycle, we multiply the average daily balance periodic rate. The daily periodic rale we apply is YOUT Account Armual J'ercenuge
Rau: divided by 365, The Annua] Percentage Rate will be r:alculated as disclosed in your mOSl rtcent FLEET BANK account term (the "Original TemlS"j. lfyour urigina]
TemlS provided for different Annual Percentage Rate to be applied to different components of your oUlStanding bainnct., we will apply the lowest such Annual Percentage
Rate on your entire outstanding balance
We may accepllatt or panial payments, or payments marked "paid in full" or marked with other restrictions, without losing our right 10 collect all amOllnt$ owing under this
Agreement. You may ask First Select Corporation Hi pay your Accoum by debiting your checking or savings ar:counl. You may revoke your authorization by writing 10 First
Select CusIDmer Service.
Fees: We will charge your Account a f~e for eacn billing cycle within whicn your Account is delinquent (late charge). The amount ofthe lme charge will be as disclosed in
your Original Tern1s or the maximum late charge permined by the law of your state of residence, whichever is lower.
We will charge your Account a fee for each returned paymem check (returned check charge). The amount ofthe returned check charge will be as disclosed in your Original
Terms, or the maximum returned check charge permined by the law or your Slate of residencE., whichever is 1ower.
To the extent provided in your Original Tenns and to the extent permitted by applicable law, in addition to your obligations 10 pay the outstanding balance on your Account,
plus interest and fees as disclosed herein, we may also charge you for any collection COStS we incur, including bur nOl limited to reasonable auorney's fees and conn COSIS. If
your Original Terms pro,~ded for an award ofanomey's fees and coun costs, such provision as incorporated herein sha11 apply reciprocally to the prevailing pan)' in any
lawsuit arising out of this Agreement.
Non-Waiver of Certain Rights: We may delay or waive enforcement of any provision of this Agreement without losing ounigbt to enforce it or any other provision later.
Applicable Law, Severability, Assignment: No matter where you live, this Agreement and your Account are governed by federal law and by the law of the Slate designated
as the applicable 1a\.'\' in YOUT Original tt:nns, If your Original Terms did not contain an applicable law provisior" then this Agreement and yom- Account are governed by
federal la\),' and the law of your stale of residence. This Agreemem is a fmal expression of the agreement berween you and us and may not be contradicted by evidence of any
alleged oral agreement. If Ii provision of this Agreemem is held to be invalid or unenforceable, you and we will consider that provision modified to conform lO applicable law,
and the rest cfthe provision in the Agreemenr will still be enforceable We may rransfer or assign our right to all or some of your payments If stat law requires that you
receive norice of sllch and event to protect the purchaser or the assignee, we may give you such norice by filing a financing statement with the state's SecretaTJ' of Stale.
Customer Service: For general questions regarding your First Select account, please call our toll-free service number, 1-888-924-2000. For quality e.ssurance purposes, and to
improve customer service and security, telephone calls to or from our offices may be monitored or recorded.
Credit Reporting: lfyOUT fail to fulfill the tenns of your credit obllgation, a negative credit report reflecting on YOllr credit record may be submitted to a credit reponing
agency. In order to dispuH:: any information we are reporring about yom Account, you must wrile to us at the following address: FiTE! Select Corporation, P.O Box 9104,
Pleasanton, C.alifornia 94566.
Sharing Information: We ma\' share infoTmariOTl with OUT affiliates. includin!! withoullimitation. Providian National Banl: and Providian Bank. However. vou ma" write to
us at anvtirne instructin!:': us notto share credit information with OUT affiliates
YOUR BILUNG RlGHTS,KEEP TIllS NOTICE FOR FUTURE USE
This notice contains imponant information about your rights and our responsibilities under1he Fair Credit Billing Act.
Notif~' Us in Case of Errors or Questions about Your Bill
If you think YOllr 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
Bo}; 9104, Pleasanton, California 94566. Write us as soon as possible. We must hear from you no laterthan 60 days after we sentyoll the firstbil] 011 which the eITOTor
problem appeared. You t:an telephone us, but doing so will not preserve yOUT rights
In the letter, give us the following:
-Your name alld Account number.
-The dollar lII110unt ofthe suspected error.
~A description of the error and an explanation, ifpossible, of why you believe there is and error. IfYOll need more information, describe the item you are not sure about.
Your Rights and Our Responsibilities After We Receive YourWriUen Notice
We must aclrnowledge your letter within 30 days, unless we have corrected the error by then Within 90 days, we must either correct the error or explnin why we he1ieve the
bill was correct. After we receive your letter, we cannot try to collect or report you as delinquent as to any amount you question, including finance charges_ We can apply an)'
unpaid amounl 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 ofthe bill that are
not in question.
lfwe find thalwe hllve made a mistake on your bill, you will not have 1O pay any finance charge related to any questioned amount. ]fwe did n01 make a mistake, you may
have to pay finance charges, and you will have to make up the missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe
and the date that it is due. lfyou fail to pay the amount we thin\; you owe, we mayrepor1 you as delinquent. However, if our explanation does nOI satisfy you and you wrile 10
us within 10 days telling us thaI you stil] refuse 10 pay, we must tell anyone we report you to that you question your bill. And we must tell you the name of anyone we reponed
you to. We must tel] anyone we report you to that the matter has been settled between us when it [mally is. 1f we do not fol1aw these rules, we cannot colleCI the first $50 of
the questioned amount eve~ if your bill was correct
Special Rule for Credit Card J>urchases
If you have a problem witl1the qualiTY of goods and seryices that you purchased wit]l your FLEET BANK credit caTd and you have tried in good filitn to correct the probiem
with the merchant, you may nOI have to pay the remaining llmount due on the !,\oods or services There are two limitations tel this rigllt (a) you mus1 hnvt made the purchase
in your home Stale or, ifno! within your home state, within ]00 miles of your current maiiing address: and (b) the -purchase price musl have been mOTe than s,SO, TIlese
limitmions do not apply if either we 01 FLEET BANK own OT opcrate the merchilnl, or' we or FLEET BANI':" mailed you tIle advenisemem for the property or serl'ices.
EXHIBIT B
Officer's Certificate
I, being duly sworn, hereby state and attest that I am a designated officer of
Credigy Receivables Inc. ("Credigy"), a Nevada Corporation and the PURCHASER in
that certain Purchase and Sale Agreement between First Select, Inc, ("First Select"), the
SELLER, dated as of December 27,2002.
In accordance with the Agreement, First Select sold, assigned and conveyed to
Credigy all right, title and interest in and to the account numbered 4168100023735481
and its unpaid balance, A copy of the Bill of Sale confirming that sale and assignment is
attached hereto as Appendix "A",
FURTHER AFFIANT SA YETH NAUGHT
CREDIGY RECEIVABLES INC.
BY: /~V.An1-'~ ~
AFFfA~jT--
Sworn to and subj^jbed before me this
. /).-1 L W. L.--L
~RY PUBLIC r 1
c20
day of r71d
, dft!j
~ ~ ;, " J \ ;, ',>
MY OOMMISSION EXPIRES:
:{.~"...-,.' .
.~...: ," '
'.'~..,~\,.:!,.;""
REV. 01-28-00
JI.ppendix A
pill of Sale
First Select, Inc" for value received and in accordance with the terms of the Purchase and
Sale Agreement beMeen First Select, Inc. and Credigy Receivables Inc. ("PURCHASER"'),
dated as of December ll, 2001 (the "Agreement"), does hereby sell, assign BIld transfer to
PURCHASER, its successors and assigns, all right, title BIld interest in and to the Acquired
Assets, without recourse and <;\Tithout representation or warrBIlty, including WIthout limitation
relating to wUectibility, except to the e:;..1:eul of any representations Dr warranties expressly stated
in the Agreement.
Executed on Ve...e-. :; 0 I ;2.oD- ~
FOOT SELECT, me.
~'M" By 0H.J.jJA t., krJuM ~~
Pritit Name S? \;. ""f \'\ oS O<...W-"\cJ. U ~
Title
-...,.,..;,"
,
._-----------~~- -
--~-------,_..._--,
EXHIBIT C
Affidavit in Proof of Claim and Non-Military Service
BEFORE ME, the undersigned authority, this date personally appeared Affiant
who, being first duly sworn, deposes and says:
I. That Affiant is an officer for the Plaintiff in the above-styled action.
2. That the Affiant is familiar with the above-styled cause and states that
Affiant has reviewed the business records of the Plaintiff kept in the
normal course of business and makes this statement on personal
knowledge.
3. Defendant( s) owes Plaintiff a principal sum of $6,622.37, plus interest.
4. Defendant(s) has repeatedly failed to pay the sum requested.
5, That all credits and offsets to which the Defendant( s) is entitled have been
given.
6.
That to the best of the Affiant's knowledge and belief Defendant(s) in this
action are in the military service of the United States, and none were in the
military service of the United States at the time of the filing of this action
or at the time of service of process on the Defendant(s).
,'1.
FURTHER AFFIANT SA YETH NAUGHT.
/!dAJ'd'W~ .
AmAm
Sworn to and subscribed before me this J ()
day of !1J(j
, JQy(
_.~C~
o~tf"~JJf.. .
,,~,~~fi:1~~~tOl}.~xplfes:
g ~f~):~>::"'\ ',",~'! '-'f' ".',~~. ;':.~\
~ ,~'f~; ('-'>' '~
- \ '-
"
~
~
,;:,.,,'
......~>, ~
""",,,,
r::) (J -Ig,
~ '1 CFl
~
~ J:: ~
w -(}
CI)!-J 1
_ ~ (f/
()-r'r--
g
-Z
:-)
8
,'"
10/01/2004 15:18
2055212875
,
ABC LEGAL SERVICES
PAGE 05
CUMBERLAND COUNTY COURT OF COMMONS PLEAS TRIAL DIVISION
PIIlIrlllll/POllllOll8l'
Heating Date:
CAUSE NO.
001-3&08
CAEDIOY flECllVADlE9 "C
VB,
V1~"'LWE
AFFIDAVIT OF SERVICE OF:
NOTICE "'D COMJlUUNT
Dtfend8nt/ReSpondent
The undersigned, being first duly sworn, on oath deposes and seys: That s(he) is now and at all
times herein mentioned was a citizen of the United States, over the a9& of eighteen, not an officer
of a plaintiff corporatiOn. not B party to nor interested in the above entitled action, and Is competent
to be a witness therein.
On the 23rd day of August. 2004, at 9:15 PM, at the address of 372 BURNTHOUSE Road ,
CARLISLE, Cum".nd County, PA ; this affiant served the above described documents upon
VIRGINIA M LWE, by then and there pef800aly delivenng 1 true and COIT8Ct oopy(ies) thereof, by
then presenting to and leaving the same with VIRGINIA UWE, I person of suitable age and
discretion who stated the above address to be the residence and usual ptace of abode of
themselves and the sub;ect(S) and/or subjeCts legal representative listed abOve.
No Information was provtded Or discovered that indicates that the subjects served are members of
the U.S. military.
Affiant hereby states under penalty of perjury under the laws of the State of Pennsylvania that the
stateme~e is true and correct.
~J)~~
ABC's Client Name
Stewart & A88ocIates, PC
ORIGINAL PROOF OF
SERVICE
i..
Nc*IriaI Seal
.....J. JtI'I1*. NalafY ~.....
c.IIlIe8Dlo. ~"^",,,.J
UVa.lmasone.prta- 2'3.2008
.......A._~_Ml . fj-aNr*dll
o
~
"'0(:"
~iX\
,:<..:.
~
~0,1~~,:
?;!
"'"'-
\, ',,-' '<."
_"~.4 ,...
f t ~ I" ,>~~
,'tf~ -~i;" (. l ..::t....
}', .;. l~"~;'," 1'-II.t"~f.P~~~~,
,It,,'. "/J.' ")('11'11.., ',;,~,I
~.~. --'-'" "'~-<<->'I. ''''-''__.
~~y,t "~;f("'.':Y""''''lf'''.'''',,''''.~~' ~"':.lJ
r-..:>
c::::>
c::::>
.x;-
:;;e:
~
N
:c:-
o
-n
:t-n
(T\-
'"tJf!i
:IJt?
o.b
:::i -,.
::1. -n
0-
:0,,..0
.(,-rn
~
')>
~~
'P'
';:ll:
25
.,
o
v:>
r
. .
Helene B. Raush
Bar No: 60140
Stewart & Associates, P.C.
P.O. Box 2629
Suwanee, GA 30024
(866) 990-9968 phone
(678) 684-4975 fax
CREDIGY RECEIVABLES INC.,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
vs.
)
)
)
)
)
)
)
)
Civil Action No.: 04-3608
Plaintiff,
VIRGINIA M LILLIE,
PRAECIPE TO ENTER
DEFAULT JUDGMENT
Defendant.
TO THE PROTHONOTARY:
Enter judgment in favor of Plaintiff, CREDIGY RECEIVABLES INC., and against
Defendant, VIRGINIA M LILLIE, for want of an answer. The amount stated in Plaintiff's initial
pleading consisted of the balance as of the date Plaintiff acquired Defendant's account plus
accrued and unpaid interest through the date of filing of the Complaint. Plaintiff now requests
judgment for the current balance of Defendant's account as follows:
PRINCIPAL AMOUNT $ 5,136.29
PLUS INTEREST $ 5,119.68
ATTORNEY FEES $ 1,027.26
COSTS $ 117.50
TOTAL $ 11,400.73 (plus additional costs)
POST-JUDGMENT INTEREST AT THE CONTRACT RATE OF 18.00 PERCENT PER ANNUM
COMPOUNDED USING THE AVERAGE DAILY BALANCE METHOD COMPOUNDED
MONTHLY.
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.
A NOTICE OF PRAECIPE TO ENTER DEFAULT JUDGMENT WAS MAILED TO THE PARTY
AGAINST WHOM JUDGMENT IS TO BE ENTERED AND TO HIS 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, PURSUANT TO Pa.R.C.P. 237.1. A COPY OF THE
NOTICE AND THE CERTIFICATION OF SERVICE ARE ATTACHED AS EXHIBIT "A" AND "B."
Date:Mo~ ~/!J.~-
Helene B. Raush
This ~() ~ day of ~ , .;21JlJ~ , judgment is entered in favor
of CREDIGY RECEIVABLES INC. and against Defendant, VIRGINIA M LILLIE, by default
for want of an answer and damages assessed for the sum listed above as per the above
certification. The court also grants permission to the Plaintiff to contact third parties who have or would
reasonably have knowledge relevant to the collection of this j ent s t 15 U.S.C.A. ~ 1692c.
,
/
I
,
EXHmIT A-1
Helene B. Raush
BarNo: 60140
Stewart & Associates, P.C.
P.O. Box 2629
Suwanee, GA. 30024
(866) 990-9968 phone
(678) 684-4975 fax
CREDIGY RECEIVABLES INC.,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Defendant.
)
)
)
)
)
)
)
)
)
Civil Action No.: 04-3608
Plaintiff,
vs.
VIRGINIA M LILLIE,
NOTICE OF PRAECIPE TO ENTER
JUDGMENT BY DEFAULT
TO: VIRGINIA M LILLIE
372 BURNTHOUSE RD
CARLISLE, PA 17013-0000
IMPORTANT NOTICE
YOU ARE IN DEF AUL T BECAUSE YOU HA VB FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. 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 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 and Information Service
Lawyer Referral Service
4th Floor, Cumberland County Courthouse
Carlisle, P A 17013
(717) 240-6200
DATE: July 03.2006
/s/ HELENE B. RAUSH
Helene B. Raush
BarNo: 60140
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICE ACT
This communication is from a debt collector. This is an attempt to collect a debt and any information
obtained will be used for that purpose.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND
PENNSYLVANIA
:NOTICE OF ORDER, DECREE OR JUDGMENT
Prothonotary";Rule236
Plaintifl{ s)
CREDIGY RECEIVABLES INe.
2877 Paradise Road, Suite 303
Las Vegas, Nevada 89109
Vs
CascNumber 04-3608
2004 - 07 -
Defendant(s)
VIRGINIA M LILLIE
372 BURNTHOUSE RD
CARLISLE, PA 17013-0000
ToO Plaintiff ~ Defendant D Garnishee D Additional Defendant
You are hereby notified that the following Order, Decree or Judgment has been entered against you
on
D Decree Nisi in Equity. .
D Final Decree in Equity. 0
[iJ Judgment of D ConfessionD Verdict D Court Order X Default D Non-Suit
o D Non-Pros D Arbitration Award
~ Judgment in the amount of$ 11,400.73 . plus costs.
D District Justice Transcript of Judgment in the amount of $ , plus costs.
D If not satisfied with sixty (60) days, your motor vehicle operator's license will be suspended by the
Pennsylvania Department of Transportation.
By
If you have any questions concerning the above, please contact :
Name! Address/relephone Number of (AttomeylFilingParty )
Helene B. Raush, Bar No. 60140
P.O. Box 2629 Suwanee, GA 30024
(866) 990-9968
EXHIBIT A-2
Helene B. Raush
BarNo: 60140
Stewart & Associates, P.e.
P.O. Box 2629
Suwanee, GA. 30024
(866) 990-9968 phone
(678) 684-4975 fax
CREDIGY RECEIVABLES INC.,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
vs.
)
)
)
)
)
)
)
)
)
)
Civil Action No.: 04-3608
Plaintiff,
VIRGINIA M LILLIE,
NOTICE OF PRAECIPE TO ENTER
JUDGMENT BY DEFAULT
Defendant.
TO: VIRGINIA M LILLIE
372 BURNTHOUSE RD
CARLISLE, PA 17013-0000
A VISO IMPORTANTE
Usted eata en rebeldia porque ha fallado en tomar la accion exigida de su parte en
este case. A menos de que usted actue dentro de diez dias de la fecha de este aviso, as puede
regis-trar uns sentica contra usted, si el beneficio de una audiencia y puede perder su
propiedad 0 derechos importantes. U sted debe llevar este aviso a un abogado enseguida. Si
usted no tiene un abogado y no puede pagar por los servicios de un abogado, debe
communicarse con la siguiente oficina para averiguar donde puede obtener ayuda legal:
SERVICIO DE REFERENCIA LEGAL
Lawyer Referral Service
4th Floor, Cumberland County Courthouse
Carlisle, P A 17013
(717) 240-6200
FECHA DEL A VISa: July 03. 2006
Isl HELENE B. RAUSH
Helene B. Raush
Bar No: 60140
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICE ACT
This communication is from a debt collector. This is an attempt to collect a debt and any
information obtained will be used for that purpose.
. .
EXHIBIT B
AFFIDAVIT OF DEFAULT, CERTIFICATION OF NOTICE OF PRAECIPE TO ENTER
DEFAULT JUDGMENT, AND NON-MILITARY SERVICE.
STATE OF GEORGIA
COUNTY OF FORSYTH
Cherita Carter, first being duly sworn, deposes and says:
1. That Affiant, Cherita Carter, is duly authorized to execute this affidavit on behalf
of the Plaintiff.
2. That the Affiant has reviewed the business records of the Plaintiff kept in the
normal course of business. Attached hereto is an Account Monthly Balance
Statement for the Defendant.
3. Defendant has failed to answer or appear in the above referenced matter.
4. To the best of my knowledge, Defendant is not now nor was at any relevant time
a member of the United States Military.
5. On July 03,2006 a copy of the Notice of Praecipe to Enter Judgment of Default
was served by regular mail upon the Defendant, VIRGINIA M LILLIE.
\:~ ~~~~~ S~YETH NAUGHT.
Cherita Carter, Affiant
,~Ca
ACCOUNT MONTHLY BALANCE STATEMENT
SUMMARY
AccountID
Account Provider
Product
Product Type
Account Number#
. Account Original
APR
10187443
First Select, Inc.
Fleet Bank
Credit Card
4168-1000-2373-5481
5420-9685-1290-8723
18.000%
Charge off Balance
Current Balance
: Open Date
Charge Off Date
Last Payment Date
Customer Name
Report Date
5,136.29
10,373.47
08/15/1997
04/30/2002
11/01/2002
VIRGINIA M LILLIE
08/24/2006
STATEMENT
EGINNING BALANCE
ENDING BALANCE
Ii BEGINNING BALANCE
EN DING BA LANC E
BEGINNING. BALANCE
ENDING BALANCE
nBEGINNINGBALANCE
ENDING BALANCE
BEGINNING BALANCE
~
NDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
ENDING BALANC
) BEGINNING BALANCE
ENDING BALANCE
(BEGIN NING)BALANCE
ENDING BALANCE
EGINNING BALANCE
DING BALANCE
~
. .
BEGINNING BALANCE
ENDING BALANCE
'. BEGINNING BALANCE
... ENDING BALANCE
BEGINNING BALANCE
. ENDING BALANCE
INNING BALANCE
ENDING BALANCE
BEGIN NINGBALAN
ENDING..BALANCE
EGINNING BALANCE
ENDING BALANCE
~
BEGIN NING BALANCE
.. ENDING BALANCE
BEGINNING BALANCE
DING BALANC
BEGINNING BALANCE
... ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDINGBALA
EGINNING BALANCE
DING BALANCE
L_
BEGINNING BALANCE
. ENDING BALANCE
EGINNING BALANCE
,ENDING BALANCE
BEGINNING BALANCE
DING BALANCE
:'! BEGINNING BALANCE
DING BALANCE
BEGINNING BALANCE
DING..BALANC
BEGINNING BALANCE
Ln
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGIN NING BALANCE
ENDING. BALANCE
BEGINNING BALANCE
ENDING BALANCE
I
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
. ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
I
BEGINNING BALANCE
ENDING. BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
. .
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGIN NING BALANCE
NDINGBALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGIN NING BALANCE
ITotal
I Interest.
I Expenses..
BEGINNING BALANCE
DING BALANCE
t' BEGINNING BALANCE
; ENDING BALANCE
-d
1
1
~
\.
~
t
~
~
f ~ ~
\....>
-...$) ....
...q ,....
v'\ .s>
c- (' c;
.,., ~ 0
~
\
~ ~.
.....
v, .........
~ -
)~
~
~
~