HomeMy WebLinkAbout04-3615
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.
Jackson M Smith Sr,
Defendant.
To: Jackson M Smith Sr
278 Longs Gap Rd
Carlisle, PA 17013-1224
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CUMBERLAND COUNTY
COURT OF COMMONS PLEAS
TRIAL DIVISION
Civil Action No.: 04 -31../$ c.;(.>~C~~
Arbitration Matter
Assessment of Damages Hearing
Not Required
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and notice are served by
entering a written appearance personally or by 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
ALA WYER 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 717-2406200.
Office headquarters are located at 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
Usted ha sido demandado en el Tribunal. Sf 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 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 INMEDlATAMENTE. Sl
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 717-2406200. 4th floor,
Cumberland County Courthouse Carlisle, PA 17013.
..... NOTICE PURUANT TO FAIR DEBT COLLECTION PRACTICES ACP....
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.
Jackson M Smith Sr,
Defendant.
)
)
)
)
)
)
)
)
)
)
)
CUMBERLAND COUNTY
COURT OF COMMONS PLEAS
TRIAL DIVISION
Civil Action No.: 04 - 3 t. I {
C;u~C/~
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 Jackson M Smith Sr, Defendant, is and was at all times relevant to this case a
citizen and resident of, Cumberland County, Pennsylvania and may be served at 278 Longs Gap
Rd Carlisle, PA 17013-1224.
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
4168100020339550 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$5,827.9I, 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
$5,827.91 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 1 through 14 of the Plaintiffs 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
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SECOND CLAIM FOR RELIEF
(Quantum Meruit or Implied Contract)
15. The allegations contained in paragraphs I.through 14 of the Plaintiffs 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 u~ust1y enriched in at least the amount
of$5,827.91, 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$5,827.91 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 '2/tday of :I<<!J
?of.)<I
~~.~
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 PVRVANT 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 ~ 4904 relating to unsworn falsification to authorities.
CREDIGY RECEIVABLES INC.
BY:
/0~
IANT
EXHIBIT A
F1RST SELECT
CORPORATION
ACCOUNT AGREEMENT
Your FLEET DANK ilccount has been mmsferred IG First Select CorpormioIl. Vour FLEET BANK l:lCCOllnl was clused at the lime ofthis transfer and will therefore continue
to be closed. Thi~ Account Agreement t:QIlwins the lem!!: lhm govern your FiTSl Select llCCOUllI (the "Account"J. 1n thi~ Agreemenl "you" and "your" mean t<lch person who is
hllble for paymenl on the Account. "We" "our" llnd "us" mean First StleGI Corporation or iIS assignees_ Because your Account has been transferred I(J m:, you art now
obligated 10 repay the Account 10 us instead of FLEET BANK. ]flhe ACCOUnl was opened as f.ljOin111CCOUlll, we rolly lIel on tilt instructions orany joint account holder.
J'llymcllu;/Finance Charges: As long as you have a balance OUTStanding on yom Account, finance clHlrg~s ar~ calculated Jl5 follows
To figure the finance charges for each billing cycle, we multiply the average daily balance periodic ratt_ The daily periodic rate we apply i~ your Account AnnuiI] Percemage
Rate divided by 365_ The Annual J'ercentage rUlle will be calculated as disclosed in your most recent FLEET BANK account term (the "Original Tem1s")_ lfyour urigina]
Terms provided for different Annual Percentage llille to be applied to different components of your omstanding baianct, we wi1i apply the lowesl such Annual Percentage
Jute on your entin; oumanding balance
We m:J)' accept late or panial payments, orpaymems marked "paid in full" or marked with otherresrrictions, without losing our righno conect all amounts owing under this
Agreement. You may asL Firsl Select Corporation to p:JY your Account by debiting your checking or savings account. You may revoke your authorization by wriling to First
Select Customer Service.
Fees: We will charge your AccoUnl a fee for each billing cycle within whidl your Account is delinquent (late charge)_ The amount ofthe 131e charge will be as disclosed in
your Original Temls or the maximum late charge permitted by the law ofyollT state of residence, whichever is lower.
We will charge your Account;i fee for each returned payment check (returned check charge) The amount oithE returnEd check charge wi]] be as disclosed in your Original
Terms, or the maximum returned check charge permined by the Jawor your State of residence, whichever is lower
To the extent provided in your Original Terms and to the extent pennitted by applicable law, in addition lD your obligations to -pay the outstanding balance or your Account,
plus imerest and fees as disclosed herein, we m:JY also charge you for any colleC1:ion costs we incur, including bu;: nOl limited to reasonable anorney's fees and coun cosu;. If
your Original Terms provided for ar, award ofattomey's fees and coun costs, such provision as incorporated herein shall apply reciprocally to the prevailing pany in any
lawsuit arising out of this Agreement.
Non-Waiver cf Certain Rights: We may delay or waive enforcement of any provision of this Agreement without losing outright to enforce it or any otberprovision later.
Applicable Law, Severabilit)', Assignment: No matter where you live, this Agreement and your Account are governed by federal law and by the law of the state designated
as the appli cllble law in your Original tenns. lfyour Original Terms did not contain <IT, applicable law provision, then this Agreement and your Account are governed by
federal la\>" and the lawofyour state of residenCE:. This Agreement is a final expression of the agreement belWeen you and us and may no: be contradicted b::' evidence of any
alleged Dial agreement If a provision olthis Agreement is held to be invalid Dr unenforceable, you and we will consider thaT provision modified 10 conform to app1icable law,
and the rest (lfthe provision in the Agreemem will still be enforceable We may rransfer or assign our right to all or some of your payments. lfsr:atlaw requires that you
receive norice of such and even1to protect the purchaser or the assignee, we roa)' give you such notice by filing a financing statement with the stale's SecretaT}' of State.
Customer Service: For general questions regarding your First Select account, please call ourto])-free service number, J-888-924-2000. For quality assurance pLriposes, and to
improve customer service and security, telephone calls to or from our offices may be mOrlllOred or recorded.
Credit Reporting: lfyour fail to fulfil1 the tenns ofyollT credit obligatior., a negative credit report refleering on your credit record may be submitted to a credit reponing
agency. In ardeno displlle any information we arereporring about YOUT Account, you must wrile to us at the following address: First Select Corporation, P.O. Box 9J04,
Pleasamon, California 94566.
Sharing Information: We ma\' share infonnatioTl with OUT affiliates, including- without limitation. Providian Nalional Bank and Providian Bank. However_ vau m,n' write to
us at aTlvtime instructinl:! us not to share credit information with our affiliates.
YOUR BILUNG R1GHTS-KEEP THIS NOnCE FOR FUTURE USE
This notice contains imponant infonnation about your righu; and our responsibilities under the Fair Credit Bi11ing Act.
Notif)' Us ill Case of Err on or Questions about Your Bill
If you think your bill is wrong or if you need more infornmtion about an entry on your bill write us, on.a separate sheet, at the following address: First Select Corporation, P.O.
Box 9104, PleasantOTl, California 94566. Write us as soon as possible..Wemust hear from you no later than 60 days afr.erwe sent you the first bill an which tlle eITOTOT
problem appeared. You can telephonem, bur doing so will not preserve your rights
In the Jetter, give us the following:
-Your name and Account number.
-The dollar amount ofthe suspected error.
~A description of the error and an explanation, ifpossible, 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 YOllrWritten Notice
We must acknowledge your letter within 30 days, unless we h:Jve corrected the error by then. Within 90 days, we muSl either correct the error or explnin wh\' we beiieve the
bill was correct. After we receive your letter, we canTlot try to collect or report you as delinquent as to any amount you question, including finance charges_ We can apply any
unpaid amounl against your credi!line. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the pans ofthe bill that are
nO! in question
Jfwe find thalwe have made a mistake on your bill, you will not have to pay any finance charge related to any queSTioned amount_ ]fwe dionot 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 wi1] send you a statemem ofthe am~unt you owe
and 1be riatethat it is due. If you fail to pay the amouTI1 we thinl: you owe, we may report you as delinquent. However, ifour explanation does not satisfy you and you write to
us within 10 days telling us thai you still refuse tn pay, we must tell anyone we report you to that you question your bilL And we mLlsl!e]] you the name of anyone we reponed
you to_ We must tell anyone we report you La that themaner has been settled between us when it fmally is. lfwe do not follow these: rules, we cannot collect the first $50 of
the questioned amount eve~ if your bill was correct.
Special Rule for Credit Card Purchases
lfyou have a problem witll!he quality or goods and services thai you purchased witll your FLEET BANK credit card and you have tried in good faith lD correct the problem
with the merchant, you may not hove to PRY the remaining amounl due on tIle goods or services. There are tW(J limitations w this rigllt: (n) you must hnve made the purchase
in your home state or, ifnot within yom 110me state, within 100 miles of your current mlliling address: and (b) the purchase price must have been marc than 5:50, TIlese
limitations do not apply if either we 01' FLEET BANK own or operate the merchnnl, or we or FLEET BANK mniled you tIle advertisement for the property 0: 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 4168100020339550
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: 'is, 'tVJ fA ~
krANT
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Sjo/f to and sUbscriV~re me this ,~
N,. ~
NOTAR PU L
day of ~d/
,eLL.
MY COMMISSION EXPIRES:
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REV. 01.28.00
Appendix A
Bill of Sale
First S elect, Inc., ror value received and in accordance with the terms Dr tbe Purchase and
Sale Agreement between First Select, Inc. and Creclig)' Receiva.bles Ine ("PURCH.A.SER"),
dated as ofD~cember;;[1, 2002 (fue "Agreement"), does bereby sell, assign and transfer to
PORCFlASER, its successors and Jl5sign.s, all righi, title and :interest:in ana to fue Acqu.ir~d
Assets, wlfuou( recourse and without representation or warranty, :including V\'ifuout limita.tion.
relating to collectibility, except to the extent or any representatioTl5 or walTanties eJ:pressly stated
in the Agreement.
Executed on Ye..c... 3, D? ;2.oD :;L
FIRST SELECT, We. ~
'O'M'" By ~JfJ 1\ t.. Id-CV.A/IA ~
Prilit Name :s-? I;. "i' \" S C>...u-Ad. e..r.s..
Title
,
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_._-------~---------
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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 $5,827.91, 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 ofthe 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.
~~
Sworn to and subscribed before me this ;;?{)
daYOf~Y ,eLL.
expues:
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SHERIFF'S RETURN - REGULAR
CASE NO: 2004-03615 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CREDIGY RECEIVABLES INC
VS
SMITH JACKSON M SR
RICHARD SMITH , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according o law,
says, the within COMPLAINT & NOTICE was served upon
SMITH JACKSON M SR tte
DEFENDANT , at 1852:00 HOURS, on the 4th day of March , 2005
- -
at 278 LONGS GAP ROAD
CARLISLE, PA 17013-1224 by handing to
GERALDINE SMITH, WIFE
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents hereof.
-
Sheriff's Costs: So Answers:
Docketing 18.00 .~~~~
Service 3.70
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
31.70 03/04/2005
STEWART & AS~TES
Sworn and Subscribed to before By: ''L
q day Of~ "'-;- . c" .
me this I Deputy Sheriff
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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.,
vs.
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)
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Civil Action No.: 04-3615
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
JACKSON M SMITH SR,
PRAECIPE TO ENTER
DEFAULT JUDGMENT
Defendant.
TO THE PROTHONOTARY:
Enter judgment in favor of Plaintiff, CREDIGY RECEIV ABLES INC., and against
Defendant, JACKSON M SMITH SR, 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 $ 5,436.06
PLUS INTEREST $ 0.00
ATTORNEY FEES WAnmD
COSTS $ 0.00
TOTAL $ 5,436.06 (plus additional costs)
POST-JUDGMENT INTEREST ACCRUING AT THE STATUTORY RATE OF 6.00 PERCENT
PER ANNUM UNTIL SATISFIED
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 JS~" AND "B."
Date: '/11/07 ~,6~
Helene B. Raush
This ::;::2 A,.)c..L.. day of..... )d A...J . ,:J() 6{ , judgment is entered in favor
of CREDIGY RECEIVABLES INC. and against Defendant, JACKSON M SMITH SR, 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 c ntact third pies who have or would
reasonably have knowledge relevant to the collection of this jud t p 0 15 U.S.C.A. ~ 1692c.
EXHIBIT A-I
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.,
)
)
)
)
)
)
)
)
)
Civil Action No.: 04-3615
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
vs.
JACKSON M SMITH SR,
NOTICE OF PRAECIPE TO ENTER
JUDGMENT BY DEFAULT
Defendant.
TO: JACKSON M SMITH SR
clo F AYE BROWN, Attorney for Defendant
4 NORTH HANOVER ST.
CARLISLE, PA 17013-0000
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, PA 17013
(717) 240-6200
DATE: October 20. 2006
Isl 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 pwpose.
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.: 04-3615
Plaintiff,
JACKSON M SMITH SR,
NOTICE OF PRAECIPE TO ENTER
JUDGMENT BY DEFAULT
Defendant.
TO: JACKSON M SMITH SR
clo FAYE BROWN, Attorney for Defendant
4 NORTH HANOVER ST.
CARLISLE, P A 17013-0000
A VISO IMPORTANTE
Usted eata en rebeldia porque ha fa1lado en tomar la accion exigida de su parte en
este case. A menos de que usted actue dentro de diez <;lias 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 VISO: October 20. 2006
Isl 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 DEF AUL T, CERTIFICATION OF NOTICE OF PRAECIPE TO ENTER
DEF AUL T JUDGMENT, AND NON-MILITARY SERVICE.
STATE OF GEORGIA
COUNTY OF FORSYTH
Lisa McGraw, first being duly sworn, deposes and says:
1. That Affiant, Lisa McGraw, is duly authorized to execute this affidavit on behalf
of the Plaintiff.
2. The Affiant makes this statement based upon the Affiant's review of the business
records of Plaintiff kept in the normal course of business and/or the records of the
United States Department of Defense Manpower Data Center, located on the
internet at https://www.dmdc.osd.millscra/owa/scra.home. 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. Defendant is not in the military service of the United States. Attached hereto is a
Military Status Report for Defendant.
5. On October 20,2006 a copy of the Notice of Praecipe to Enter Judgment of Default
was served by regular mail upon the Defendant, JACKSON M SMITH SR, c/o
Faye Brown.
~~~~~AUGHT.
Lisa McGraw, Affiant
Sworn to the subscribed
Before me this 5N day 02140;
~ ;)~1 ___
, 02DdI .
Notary Public, State of Georgia
My commission expires:
Department of Defense Manpower Data Center
. Military Status Report
i . .. .. i. Pursuant to the Servicemembers Civil Relief Act
JAN-09-2007l0:0l:20
SMITH SR JACKSON M Based on the information you have furnished, the DMDC does not possess any information
indicating that the individual is currently on active duty.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the
information that you provided, the above is the current status of the individual as to all branches of the Military.
~)l ~-~
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the
Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility
for military medical care and other eligibility systems.
The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx.
#167;#167; 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds
of thousands of "does not possess any information indicating that the individual is currently on active duty" responses,
and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or
representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the
SCRA, you are strongly encouraged to obtain further verification ofthe person's active duty status by contacting that
person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-
duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against
you.
If you obtain further information about the person (e.g., an SSN, improved accuracy ofDOB, a middle name), you can
submit your request again at this Web site and we will provide a new certificate for that query.
This response reflects current active duty status only. For historical information, please contact the Military Service
SCRA points-of-contact.
See: http://www.defenselink.mil/faq/pis/PC09SLDR.html
WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester.
Providing an erroneous name or SSN will cause an erroneous certificate to be provided.
Report ID:BLDKZQLYCHB
ACCOUNT MONTHLY BALANCE STATEMENT
SUMMARY
AccountID
Account Provider
Product
Product Type
Account Number#
Account 0 riginal ID#
APR
10205147
First Select, Inc.
Fleet Bank
Credit Card
4168-1000-2033-9550
5447-1952-0432-1556
Charge off Balance
Current Balance
Open Date
Charge Off Date
Last Payment Date
Customer Name
Report Date
6,476.18
5,585.26
09/18/1998
09/30/2001
11/05/2002
JACKSON M SMITH SR
01/10/2007
STATEMENT
Expenses
BEGIN NINGBALANCE
0.00
ENDING BALANCE
BEG.INNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
. ENDI~G BALANCE
[6,476.18
16,476.18
[ 0.00
10.00
BEGINNING BALANCE
I Interest
10.00
I Expenses
10.00
ENDING BALANCE
, BEGINNING BALANCE
ITotal :
ENDI~G BALANCE
16,040.14
16,040.14
10.00
10.00
I
BEGINNING BALANCE
I Expenses
10.00
. BEGINNING BALANCE
, BEGINNING BALANCE
ENDING BALANCE
. BEGIN NING BALANCE
. BEGINNING BALANCE
!Total
ISA36.06
NDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
NDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING. BALANCE
'BEGINNING BALANCE
ITotal
!5,436.06
IprinCiPal
!5,436.06
IInterest
10.00
.1 Expenses
! 0.00
.. ENDING BALANCE
,BEGINNING BALANCE
END.INGBALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGI-NNING BALANCE
ITotal
15,436,06
IprinCiPal
15,436,06
I Interest
110,00
I Expenses
10,00
ENDING BALANCE
IExpenses
10.00
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGIN NING BALANCE
ENDING BALANCE
BEGINNING BALANCE
E.NDING BALANCE
BEGINNING BALANCE
----..
ENDING BALANCE
. BEGINNING
l ENDING BALANCE
. BEGINNING BALANCE
.. BEGINNING BALANCE
BEGINNING BALANCE
BEGINNING BALANCE
. ENDING BALANCE
.1
BEGINNING BALANCE
I Interest
10.00
ENDING BALANCE
BEGINNING BALANCE
. ENDING BALANCE
. ENDING BALANCE
. BEGINNING BALANCE
END:tNGBALANCE
~
r, Total
I 5,585.26
I Principal
/5,436.06
I Expenses
1149.20
BEGIN NINGBALANCE
ENDING BALANCE
EGINNING BALANCE
PERIOD: 05/01/2005
I Total
15,585.26
ITotal
I
'ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
. ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
. ENDING BALANCE
I Interest
10.00
If Expenses
1149.20
BEGINNING BALANCE
~ Expenses
1149.20
ENDING BALANCE
IInterest
10.00
I Expenses
1149.20
BEGINNING BALANCE
. ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
. BEGIN NING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDI'NG BALANCE
ITotal
15,585.26
I Principal
15,436.06
IInterest
10.00
BEGINNING BALANCE
ENDING BALANCE
BEGlNNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
. BEGINNING BALANCE
; ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEG IN.N J NG BALANCE
-,
ENDING 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
CREDIGY RECEIVABLES INC.
2877 Paradise Road, Suite 303
Las Vegas, Nevada 89109
Vs
Case Number 04-3615
2004 - 07 -
Plaintiff{ s)
Defendant(s)
JACKSON M SMITH SR
c/o F AYE BROWN
ATTORNEY FOR DEFENDANT
4 NORTH HANOVER ST.
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
[i] Judgment of D ConfessionD Verdict D Court Order X Default D Non-Suit
o D Non-Pros D Arbitration Award
~ Judgment in the amount ofS 5,436.06 . plus costs.
D District Justice Transcript of Judgment in the amount of $ , plus costs.
D !fnot 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! AddresslTelephone Number of (AttomeylFilingParty )
Helene B. Raush, BarNo. 60140
P.O. Box 2629 Suwanee, GA 30024
(866) 990-9968
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY
STATE OF PENNSYLVANIA
CREDIGY RECENABLES INC.,
Plaintiff 1
CNIL ACTION
v ) FILE NO. 04-3615
JACKSON M. SMITH SR., )
Defendant )
PRAECIPE TO SATISFY JUDGMENT
TO THE PROTHONOTARY:
Kindly mark the judgment entered in the above-captioned matter satisfied upon payment of your
costs only.
CERTIFICATE OF SERVICE
This is to certify that I have this day served the opposing party (through counsel if represented)
with a copy of the Praecipe to Satisfy Judgment by depositing in the United States Mail with a copy of
same in a properly addressed envelope with adequate postage to:
DUNCAN HARTMAN, P.C.
ATTY: SUSAN J. HARTMAN
ONE IRVINE ROW
CARLISLE, PA 17013
Dated: ql ~ ~/ ~ 9
-C ~ ~a2
Helene B. Raush
Bar No. 60140
Attorney for Plaintiff
Stewart & Associates, P.C..
P.O. Box 2389
Suwanee, GA 30024
(866)990-9968
(678) 684-4975 (fax)
FI~~L~-" -=,r.
2CC~O~T 49 ~~ 2~ ~ ~
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