HomeMy WebLinkAbout04-3614
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.
Jessica A Pfuhl,
Defendant.
To: Jessica A Pfuhl
619 Robert St
Mechanicsburg, P A 17055
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CUMBERLAND COUNTY
COURT OF COMMONS PLEAS
TRIAL DIVISION
Civil Action No.: 04 - .3 t...l Y
OLU'\ tT EJurl)
Arbitration Matter
Assessment of Damages Hearing
Not Required
NOTICE
You have been sned in Conrt. 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,
Pennsylvania's Lawyer Referral Services can be reached at 717-240-6200.
Office headquarters are located at Lawyer Referal Service 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 usted desea defender contra los
reclamos expuso en las paginas siguientes, usted debe tomar medidas dentro de
veinte (20) dias despues que esta Queja y la nota son servidas entrando una
apariencia escrita personal mente 0 por abogado y c1asificaci6n 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. S1
USTED no TIENE 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. Lawyer Referal
Service 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
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.
Jessica A Pfuhl,
Defendant.
)
)
)
)
)
)
)
)
)
)
)
CUMBERLAND COUNTY
COURT OF COMMONS PLEAS
TRIAL DIVISION
Civil Action No.: 04 -3l..IY
Q~O'LtT~
Arbitration Matter
Assessment of Damages Hearing
Not Required
COMPLAINT
The Plaintiff asserts the following cause of action against the Defendant:
I. 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 Jessica A Pfuhl, Defendant, is and was at all times relevant to this case a citizen
and resident of, Cumberland County, Pennsylvania and may be served at 619 Robert St
Mechanicsburg, P A 17055.
3, Defendant entered a written contract (the "Contract") for a credit card account (the
"Account") with the Discover Card (the "Original Creditor"), specifically account number
4168100018889863 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. Plaintiffs attorney has notified Defendant as required by the Fair Debt Collection
Practices Act by letter.
FIRST CLAIM FOR RELIEF
(Breach of Contract)
11. The allegations contained in paragraphs 1 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 $2,519.29, 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:
1, Enter a judgment in favor of the Plaintiff and against Defendant in the amount of
$2,519.29 for breach of contract plus interest;
2. Tax the costs of this 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.
SECOND CLAIM FOR RELIEF
(Quantum Meruit or Implied Contract)
15. The allegations contained in paragraphs I 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 Plaintiff's 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 PlaintitI the above-stated
sum for the credit extended, the Defendant has become unjustly enriched in at least the amount
of$2,519.29, at the expense ofthe 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:
1. In the alternative, enter a judgment in favor of the Plaintiff and against Defendant in
the amount of $2,519.29 in quantum meruit, or on implied contract plus interest;
2, Tax the costs of this 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:Z~ day of ~~
~4
~~.~
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
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 ofthe
statements made in the foregoing Complaint, and that the statements made in Plaintiffs
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 g 4904 relating to unsworn falsification to authorities.
CREDIGY RECEIVABLES INC.
BY: 0JJ".~;if;(,
AfFIANT
EXHIBIT A
FIRST SELECT
CORPORATION
ACCOUNT AGREEMENT
Your DISCOVER account has been transferred to First Select Corporation. Your DISCOVER account was closed at the time of this transfer and will theretore continue to be
closed. This Account Agreement contains the terms that govern your First Select account (the "Account"). In this Agreement "You" and "your" mean each person who is
liable for payment on the Account. "We" "our" and "us" mean First Select Corporation or its assignees. Because your Account has been transferred to us, you are now
obligated to repay the Account to us instead of DISCOVER. If the Account was opened as a joint account, we may act on the instructions ofarlY joint account holder.
PaymentslFinance Charges: As long as you have a balance outstanding on your Account, finance charges are calculated as follows.
To figure the finance charges for each billing cycle. we multiply the average daily balance periodic rate. The daily periodic rate we apply is your Account Annual Percentage
Rate divided by 365. The Annual Percentage Rate will be calculated as disclosed in your most recent DISCOVER account tenn (the "Original Tenns"). If your Original
Tenns. provided for different Annual Percentage Rate to be applied to different components of your outstanding balance, we will apply the lowest such Annual Percentage
Rate on your entire outstanding balance.
We may accept late or partial payments, or payments marked "paid in full" or marked with other restrictions, without losing our right to collect all amounts owing under this
Agreement. You may ask First Setect Corporation to pay your Account by debiting your checking or savings account. You may revoke your authorization by writing to Firsl
Select Customer Service.
Fee1i: We will charge your Account a fee tor each billing cycle within which your Account is delinquent (late charge). The amount of the late charge will be as disclosed in
your Original Terms or the maximum [ate chargepennilted by the law of your state of residence, whichever is lower.
We will charge your Account a fee for each returned payment check (returned check charge). The amount of the returned check charge will be as disclosed in your Original
Tenns, or the maximum returned check charge pennitted by the law or your state of residence, whichever is lower.
To the extent provided in your Original Tenns and to the extent pennitted by applicable law, in addition to your obligations to 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 but not limited to reasonable attorney's fees and court costs. If
your Original Tenns provided for an award of attorney's fees and court costs, such provision as incorporated herein shall apply reciprocally to the prevailing party in any
lawsuit arising au! of this Agreement.
Non-Waiver of Certain Rights: We may deJay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other provision later.
Applicable Law, SeverabUity, Assignment: No matter where you live. this Agreement and your Account are governed by federal law and by the Jaw of the state designated
as tbe applicable law in your Original tenns. If your Original Tenns did not contain an applicable law provision, then this Agreement and your Account are governed by
federal law and the law of your state of residence. This Agreement is a final expression ofthe agreement between you and us and may not be contradicted by evidence of any
alleged oral agreement. Ifa provision of this Agreement is held to be invaljd or unenforceable, you and we will consider that provision modified to confonn to applicable law,
and the rest of the provision in the Agreement will still be enforceable. We may transfer or assign our right to a1l or some of your payments. ffstat Jaw requires that you
receive notice of such and event (0 protect the purchaser or the assignee, we may give you such notice by filing a financing statement with the state's Secretary of State.
Customer Service: For general questions regarding your First Select account. please call our toll-tree service number, I -888-924-2000. For quality assurance purposes, and to
improve customer service and security, telephone calls to or from our offices may be monitored or recorded.
Credit Reporting: If your fail to fulfill the terms of your credit obligation, a negative credit report reflecting on your credit record may be submitted to a credit reporting
agency. In order to dispute any information we are reporting about your Account, you must write to us at the following address; First Select Corporation, P.O. Box 9104,
Pleasanton, California 94566.
Sharing Information: We may share infonnation with our affiliates, includinJ': without limitation. Providian National Bank and Providian Bank. However. vou mav write to
us at any time instructinl?: us not to share credit infonnation with Qur affiliat<;;s.
YOUR BILLING RIGHTS-KEEP THIS NOTICE FOR fUTURE USE
This notice contains important infonnation about your rights and OUf responsibilities under the Fair Credit Billing Act.
Notify Us in Case of Errors or Questions about Your Bill
If you think your bill is \vrong or if you need more infonnation about an entry on your bill write us, on a separate sheet, at the tollowing address; First Select Corporation, P.O.
Box 9104, Pleasanton, California 94566. Write 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 elToror
problem appeared. You can telephone us, but doing so will not preserve your rights.
In the Jetter, give us the following:
-Your name and Account number.
-The dollar amount of the suspected error.
-A description of the error and an explanation, if possible, of why you believe there is and error. If you need more infonnation, describe the item you are not sure about.
Your Rights and Our Responsibilities After We Receive Your Written Notice
We must acknowledge your letter within 30 days. unless we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe 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 any
unpaid amount against your credit line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of the bill that are
not in question.
Ifwe find that we have made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount. Ifwe did not make a mistake, you may
have 10 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. If you fail to pay the amount we think you owe, we may report you as delinquent. However, ifour explanation does not satist)' you and you write to
us wilhin to days telling us that you still refuse to pay, we must tell anyone we report you to that you question your bill. And we must tell you the name of anyone we reported
you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we do not follow these rules, we cannot collect the first $50 of
the questioned amount even if your bill was correct.
Special Rule for Credit Card Purchases
If you have a problem with the quality of goods and services that you purchased with your DISCOVER credit card and you have tried in good faith 10 correct the problem with
the merchant, you may not have to pay the remaining amount due on the goods or services. There are two limitations 10 this right (a) you must have made the purchase in
your home state or, ifnol within your home state, within 100 miles of your current mailing address: and (b) the purchase price must have been more than $50. These
limitations do not apply if either we or DISCOVER own or operate the merchant, or we or DISCOVER mailed you the advertisement for the property or services
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 4168100018889863
and its unpaid balance. A copy ofthe Bill of Sale confirming that sale and assignment is
attached hereto as Appendix "A",
FURTHER AFFIANT SA YETH NAUGHT
CREDIGY RECEIVABLES INC.
BY: '{>>" A n )..A)1ux:L
AFF~
Sworn to and subscribed before me this \ \~, day of ~0'" , ;~ .
~"~~~~~
Nhr ~ PUBLIC
MY COMMISSION EXPIRES:
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Appendix A
Bill of Sale
First Select, lnc., for value received and in accordance with the terms of the Purchase and
Sale Agreement between First Select, Inc. and Credigy Receivables Ine, ("PURCHASER"),
dated as of Dee=ber 27, 2002 (the "Agreement"), does hereby sell, assign and transfer to
PURCR4.SER, itssueeessors and assigns, all right, title and interest in and to the Acquired
Assets, without recourse and without representation or warranty, including without limitation
relating to collectibility, except to the extent of any representations or warranties expressly stated
in the Agreement.
Executed on 'Ye-c.., s. 0 I ,;2.oD ~
FIRST SELECT, INe,
'W'u' By rJ~M/)'At.. t~ ~ .
~N~rS:>'i.~\". SO..u.-'"'.d."-i"s.
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:
1. 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$2,519.29, 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 ofthe 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).
FURTHER AFFIANT SA YETH NAUGHT.
0J'-'_L{O~
AFFIANT
Sworn to and subscribed before me this \ \\lI.,- day oD ' . .." ,~.
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10/01/2004 15:18
2055212875
ABC LEGClI_ SERVICES
PAGE 03
CUMBERLAND COUNTY COURT OF COMMONS PLEAS mlAl DIVISION
CAEDlGv RECEIVABLES IMe
Pl8intifflf'etilioller
HeMing Date;
CAUSE NO.
04-3&14
'IS.
J~SSICA A PFUHL
AFFIDAVIT OF SERVICE OF:
NOTICE AND COMPlAINT; CMl. COVER SHEET
D8f8nd8nt1Respondent
The undersigned, being first duly sworn, on oath deposes and says: That s(he) is now and at all
times herein mentioned was a oiti%en of the United States, over the age of eighteen, not an officer
of a plaintiff corporation, not a party to nor interested in the above entitled action, and is competent
to be a witness therein.
On the 24th cI8y of Au9UM, 2004, lit 7:56 AM, at the address of 819 ROBERT Street,
MECHANlCSBURG, Cum....anc:t County, PA ; this dlant sef\led the above desaibed
documents upon JESSICA A PFUttL, by then and 1here personally delivering 1 true and correct
copy(ies) thereof, by then presenting to and leaving the same with JESSICA A. PFUHL, , person of
suitable age and discretion Who stated the above address to be the residence and usual place of
abode of themselves and the subject(s) and/or subjects legal representative listed above.
No ln1ormation was provided 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
_e~ Irue and correct.
C ftE:.l,A)
to \ f, 104
SUBSCRIBED AND SWORN to before me this 1 st day of October, 201>4
~~$bI~~nsyWo"~
ABC's Client Name
Stewart & Anoel.tea, PC
ORIGINAL PROOF OF
SERVICE
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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.: 04-3614
Plaintiff,
JESSICA A PFUHL,
PRAECIPE TO ENTER
DEFAULT JUDGMENT
Defendant.
TO THE PROTHONOTARY:
Enter judgment in favor of Plaintiff, CREDIGY RECEIVABLES INC., and against
Defendant, JESSICA A PFUHL, for want of an answer. The amount stated in Plaintiffs 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 $ 1,541.16
PLUS INTEREST $ 898.79
ATTORNEY FEES $ 308.23
COSTS $ 0.00
TOTAL $ 2,748.18 (plus additional costs)
POST-JUDGMENT INTEREST AT THE CONTRACT RATE OF 18.00 PERCENT PER ANNUM
COMPOUNDED USING THE A VERAGE 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:~qlo(.. ~,6~-
Helene B. Raush
This ,;(1 S-r- day of 0--1 ~'m ,~a){r) , judgment is entered in favor
of CREDIGY RECEIV ABL~ and against Defendant, JESSICA A PFUHL, 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 ird parties who have or would reasonably
have knowledge relevant to the collection of this judgment ua . .A. 9 1692c.
EXHIBIT A-I
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
Defendant.
)
)
)
)
)
)
)
)
)
Civil Action No.: 04-3614
Plaintiff,
vs.
JESSICA A PFUHL,
NOTICE OF PRAECIPE TO ENTER
JUDGMENT BY DEF AUL T
TO: JESSICA A PFUHL
619 ROBERT ST
MECHANICSBURG, P A 17055-0000
IMPORTANT NOTICE
YOU ARE IN DEF AUL T BECAUSE YOU HAVE 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.
EXHIBIT A-2
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.: 04-3614
Plaintiff,
JESSICA A PFUHL,
NOTICE OF PRAECIPE TO ENTER
JUDGMENT BY DEF AUL T
Defendant.
TO: JESSICA A PFUHL
619 ROBERT ST
MECHANICSBURG, P A 17055-0000
A VISO IMPORT ANTE
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. Usted 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
/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.
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, JESSICA A PFUHL.
~ \ FURT~~I~YETHNAUGHT.
A~~ i-... =>
Cherita Carter, A Iant
ACCOUNT MONTHLY BALANCE STATEMENT
SUMMARY
AccountID
Account Provider
Product
Product Type
Account Number#
Account Orig inal ID#
APR
10181971
First Select, Inc.
Discover Card
Credit Card
4168-1000-1888-9863
6011-0023-2030-8653
18.000%
Charge off Balance
Current Balance
Open Date
Charge Off Date
Last Payment Date
Customer Name
Report Date
1,541.16
2,439.95
11/19/2000
07/31/2001
10/04/2005
JESSICA A PFUHL
08/24/2006
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
EGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
11,636.00
11,541.16
, 94.84
10.00
I
BEGINNING BALANCE
ENDING BALANCE
.principal
, 1,541.16
IInterest
1119,85
IExpenses
, 0.00
BEGINNING BALANCE
ENDING BALANCE
IExpenses
, 0.00
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
IExpenses
10.00 ..
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ITotal
IInterest
IExpenses
ENDIN-G BALANCE
11,788.43
11,541.16
1247.27
10.00
. "ERIOD: 06/01/2002 To 06/30/2002
BEGIN NING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ITotal
IInterest
IExpenses
. ENDING BALANCE
11,956.02
11,541.16
1414.86
10.00
BEGINNING BALANCE
ENDING BALANCE
BEGIN NING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ITotal
Iprincipal
IInterest
I Expenses
. ENDING BALANCE
BEGIN NING BALANCE
NDING BALANCE
EGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
NDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGIN NING BALANCE
ENDING BALANCE
BEGINNING BALANCE
. ENDIN"G BALANCE
12,338.65
11,541.16
1797.49
10.00
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ITotal
IPrincipal
IInterest
IExpenses
. ENDING BALANCE
12,557.81
11,541.16
/1,016.65
10.00
PERIOD: 06/01/2004 To 06/30/2004
BEGINNING BALANCE
Transactions
IAmount
, 55.50
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGIN NING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
I Interest
11,178.35
IExpenses
1117.50
BEGINNING BALANCE
ENDING BALANCE
I Interest
11,221.72
IExpenses
1117.50
BEGIN NING BALANCE
ENDING BALANCE
IprinCiPal
I Interest
BEGINNING BALANCE
ENDING BALANCE
ITotal
12,967,68
BEGINNING BALANCE
ENDING BALANCE
BEGIN NING BALANCE
Transactions
I Amount
1500.00
ENDING BALANCE
BEGINNING BALANCE
Transactions
IAmount
ITransaction Date
1.100,00 .
103/31/2005
I Installment Payment
ENDING BALANCE
ITotal
12,493.41
IPrinCipal
11,541.16
I Interest
1952,25
BEGINNING BALANCE
Transactions
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
IExpenses
10.00'
BEGINNING BALANCE
Transactions
IAmount
1100.00
ENDING BALANCE
. BEGINNING BALANCE
12,301,03
11,541.16
1759.87
10.00
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGIN NING BALANCE
ENDING BALANCE
. BEGINNING BALANCE
12,134.74
11,541.16
1593.58
10.00
ENDING BALANCE
ITa tal
12,166.32
Iprincipal
11,541.16
I Interest
1625.16
I Expenses
10.00
BEGINNING BALANCE
ENDING BALANCE
BEGIN NINGBALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
IExpenses
10.00
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
ITota
12,332.52
. BEGI....NING BALANCE
12,332.52
11,541.16
1791.36
10.00
ENDING BALANCE
Iprincipal
I Interest
1827,02
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND
PENNSYLVANIA
:NOTICE OF ORDER, DECREE OR JUDGMENT
Prothonotary-Rule236
Plaintiffl.s)
CREDIGY RECEIVABLES INC.
2877 Paradise Road, Suite 303
Las Vegas, Nevada 89109
Vs
Case Number 04-3614
2004 - 07 -
Defendant(s)
JESSICA A PFUHL
619 ROBERT ST
MECHANICSBURG, P A 17055-0000
ToD 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
[i] Judgment of D ConfessionD Verdict D Court Order X Default D Non-Suit
D DNon-Pros D Arbitration Award
~ Judgment in the amount of $ 2,748. I 8 . 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 t~-
If you have any questions concerning the above, please contact :
Name! AddresslTelephone Number of (AttomeylFilingParty )
Helene B. Raush, Bar No. 60140
P.O. Box 2629 Suwanee, GA 30024
(866) 990-9968
GORDON & WEINBERG, P.C.
BY: FREDERIC I. WEINBERG, ESQUIRE
Identification No.: 41360
JOEL M. FLINK, ESQUIRE
Identification No.: 41200
1001 E. Hector Street, Ste 220
Conshohocken, PA 19428
484/351-0500
2115875 R
.
? ?
Rs?
.-? r cn
Credigy Receivables, Inc.
VS.
JESSICA A PFUHL
TO THE PROTHONOTARY:
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
DOCKET NO. : 04-3614
ENTRY OF APPEARANCE
Kindly enter my appearance on behalf of the plaintiff in the
above-captioned matter.
GORDON & WEINBERG, P.C.
BY:
FREDER C . WEINBERG, ESQUIRE
JOEL M. FLINK, ESQUIRE
Attorney for Plaintiff
P012
CERTIFICATION OF SERVICE
I, FREDERIC I. WEINBERG, ESQUIRE, hereby certify that I, on
the date below, served a copy of the Substitution of Attorney and
Entry of Appearance Pursuant to Pa.R.C.P. 1028(c)(1), via First
Class Mail, postage pre-paid, to all other parties or their
counsel of record.
FREDERIC I. BERG, ESQUIRE
Dated: c( lo (if