HomeMy WebLinkAbout04-4504
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.
Wayne A Culbertson,
Defendant.
To: Wayne A Culbertson
16159 Burnt Mill Rd
Newburg, P A 17240-0000
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CUMBERLAND COUNTY
COURT OF COMMONS PLEAS
TRIAL DIVISION
Civil Action No.: oLf - LfJ 7J t.f ~
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 TillS 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) 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 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 0 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 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. 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
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.
Wayne A Culbertson,
Defendant.
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CUMBERLAND COUNTY
COURT OF COMMONS PLEAS
TRIAL DIVISION
Civil Action No.: O'-/-lfSO,/
Arbitration Matter
Assessment of Dam ages 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 Wayne A Culbertson, Defendant, is and was at all times relevant to this case a
citizen and resident of, Cumberland County, Pennsylvania and may be served at 16159 Burnt
Mill Rd Newburg, P A 17240-0000.
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
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4168100020818736 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 Plaintiff's 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 $3,854.91, 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:
L Enter a judgment in favor of the Plaintiff and against Defendant in the amount of
$3,854.91 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 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 $3,854.91, 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:
1. In the alternative, enter a judgment in favor of the Plaintiff and against Defendant in
the amount of$3,854.91 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 3rffday of ~5 '
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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.
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VERIFICATION
I hereby state that 1 am the Assistant Vice President of Plaintiff, that I am authorized to make this
verification on behalf of Plaintiff in the foregoing action, that 1 have personal knowledge of the
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 S 4904 relating to unsworn falsification to authorities.
CREDIGY RECEIVABLES INC.
BY j~Vf1f
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 ofthis transfer and will therefore continue to be
closed. This Account Agreement contains the tenns 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 10 repay the Account to us instead of DISCOVER. If the Account was opened as ajoint account, we may act on the instructions of any joint account holder.
Payments/Finance 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 Terms"). If your Original
Terms 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 Select Corporation to pay your Account by debiting your checking or savings account. You may revoke your authorization by writing 10 First
Select Customer Service.
Fees: We will charge your Account a fee for 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 late charge pennitted 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
Terms, or the maximum returned check charge permitted by the law or your state of residence, whichever is lower.
To the extent provided in your Original Tenns and to the extent permitted 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 out of this Agreement.
Non-Waiver of Certain Rights: We may delay or waive enforcement of any provision of this Agreement without losing our right 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 state designated
as the applicable law in your Original terms. If your Original Terms did not contain an applicable law provision, then this Agreement and your Account are governed by
federal law and Ihe law of your state of residence. This Agreement is a final expression oflhe agreement between you and us and may not be contradicted by evidence of any
alleged oral agreement. If a provision of this Agreement is held to be invalid or unenforceable, you and we will consider that provision modified to conform to applicable law,
and the rest ofthe provision in the Agreement will still be enforceable, We may transfer or assign our right to all or some of your payments. If slat law requires that you
receive notice of such and event to 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-free service number, 1-888~924-2000. 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 intonnation we are reporting about your Account, you must write to us at the following address: First Seled Corporation, P.O. Box 9104,
Pleasanton, California 94566.
Sharing Information: We may share intonnation with our affiliates. including without limitation. Providian National Bank and Providian Bank. However. you mav write to
us at any time instructing us not to share credit infonnation with our affiliates.
YOUR BILLING RIGHTS-KEEP THIS NOTICE FOR FUTURE USE
This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act.
Notify Us In Case of Errors or Questions about Your Bill
]fyou think your bill is wrong or if you need more information about an entry on your bill write us, on a separate sheet, at the following address: First Select Corporation, P.O.
Box 9104, Pleasanton, 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 error or
problem appeared. You can telephone us, but doing so will not preserve your rights.
]n the letter, 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 information, 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.
]f we find that we have made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount. If we did not 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. ]fyou fail to pay the amount we think you owe, we may report you as delinquent. However, if our explanation does not satisfY you and you write to
us within 10 days telling us that you stiIJ 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 wilh the quality of goods and services that you purchased with your DISCOVER credit card and you have tried in good faith to correctlhe problem with
the merchant, you may nol have to pay the remaining amount due on the goods or services. There are two limitations to this right: (a) you must have made the purchase in
your home state or, ifnot 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 ifeither 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 4168100020818736
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 J~~
Sworn to and subscribed before me this
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Appendix A
Bill of Sale
First Select. Inc" for value received and in accordance with the terms of the Purchase and
Sale Agreement between First Select, IDC, and Credigy Receivables IDC, ("PURCHASER"),
dated as of December 27, 2002 (the "Agreement"), does hereby sell, assign and transfer to
PURCHASER, its successors and assii,,'llS, 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 e)(tent of any representations or warranties expressly stated
in the Agreement.
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FIRST SELECT, me.
Arlo'" By 0'1J-.;1J1\ t.., ttY././LA 6""\./-
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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:
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$3,854.91, plus interest on
account number 4168100020818736.
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
gtven.
6, That to the best of the Affiant's knowledge and belief Defendant(s) in this
action is not in the military service of the United States, and was not in the
military service of the United States at the time of the filing ofthis action
or at the time of service of process on the Defendant(s).
FURTHER AFFIANT SA YETH NAUGHT.
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AFFIANT '-' \:\J
Sworn to and subscribed before me this2l..Jfk- day of Qui; ,AJJ1f.
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My commission expires:
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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.
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Civil Action No.: 04-4504
Plaintiff,
WAYNE A CULBERTSON,
PRAECIPE TO ENTER
DEF AUL T JUDGMENT
Defendant.
TO THE PROTHONOTARY:
Enter judgment in favor of Plaintiff, CREDIGY RECEIVABLES INC., and against
Defendant, WAYNE A CULBERTSON, 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 $ 2,527.48
PLUS INTEREST $ 3,175.04
ATTORNEY FEES $ 505.50
(;OgT~ -!j; 55.564:-
TOTAL 8> 6,263.52. (plus additional costs)
f 1..2br.62... '*
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: 9//7/0(P ~/J~-
Helene B. Raush
This .< I.rt- day of S1~ ' ,,;Jcx:>b , judgment is entered in favor
of CREDIGY RECEIVABLES INC. and agamst Defendant, WAYNE A CULBERTSON, 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 Plaint' f to contact t . d . es who have or would
reasonably have knowledge relevant to the collection ofth' j 15 U.S.c.A. S 1692c.
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EXHIBIT A-l
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.
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Civil Action No.: 04-4504
Plaintiff,
vs.
WAYNE A CULBERTSON,
NOTICE OF PRAECIPE TO ENTER
JUDGMENT BY DEFAULT
TO: WAYNE A CULBERTSON
16159 BURNT MILL RD
NEWBURG, P A 17240-0000
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 WDGMENT 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: July 03. 2006
/s/ 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 A-2
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
vs.
)
)
)
)
)
)
)
)
)
)
Civil Action No.: 04-4504
Plaintiff,
WAYNE A CULBERTSON,
NOTICE OF PRAECIPE TO ENTER
JUDGMENT BY DEF AUL T
Defendant.
TO: WAYNE A CULBERTSON
16159 BURNT MILL RD
NEWBURG, P A 17240-0000
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
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
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, WAYNE A CULBERTSON.
1(, ~THER~. NT.~YETHNAUGHT.
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Cherita arter, Affiant
Sworn to the subscribed
Before me this ~~YOf~' ~
ti - ~~ ~ \..LY akC}~
Notary Public, State of Georgia
My commission expires:
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ACCOUNT MONTHLY BALANCE STATEMENT
SUMMARY
AccountID
Account Provider
Product
Product Type
Account Number#
Account Original ID#
APR
10203780
First Select, Inc.
Discover Card
Credit Card
4168-1000-2081-8736
6011-0023-3058-1851
18.000%
Charge off Balance
Current Balance
Open Date
Charge Off Date
Last Payment Date
Customer Name
Report Date
2,527.48
5,758.02
03/27/1997
10/31/2001
02/15/2002
WAYNE A CULBERTSON
08/24/2006
STATEMENT
BEGINNING BALANCE
ENDING BALANCE
s
12,527.48
10.00.
10.00
BEGINNING BALANCE
ENDING BALANCE
I Expenses
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
Transactions
IAmount
1103.00
Date
IType
I Installment Payment
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGIN NING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
IprinciPal
12,527.48
PERIOD; 08/01/2.002 To 08/31/2002
BEGINNING BALANCE
ITotal
12,777.06
Iprincipal
12,527.48
IInterest
1249.58
I Expenses
10.00
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
IExpenses
10.00
BEGIN NING BALANCE
ENDING BALANCE
BEGIN NING BALANCE
ENDING BALANCE
BEGIN NING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
ITotal
13,038.78
PERIOD: 02/CU/2003 To 02/28/2003
BEGINNING BALANCE
ITotal
\3,038.78
IprinciPal
12,527.48
IInterest
\511.30
I Expenses
\ 0.00
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING. BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ITotal
13,320.30
IprinciPal
\2,527.48
I Interest
I 792.82
I Expenses
10.00
ENDING BALANCE
I Expenses
10.00
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
ITotal
13,633.21
IInterest
11,105.73
BEGINNING BALANCE
Total
3.21
I Principal
12,527.48
I Interest
11,105.73
I Expenses
10.00
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
Iprincipal
12,527.48
IInterest
11,269.38
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
I Expenses
10.00
BEGINNING BALANCE
Transactions
IAmou
1100.00
155.50
ITransaction
I 07/16/2004
107/16/2004 .
IType
I Legal Expenses
I Legal Expenses
1100.00
ENDING BALANCE
107/16/2004
I Legal Expense Reversal
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
ITotal
14,340.89
Iprincipal
12,527.48 .
BEGINNING BALANCE
\4,340.89
12,527.48
11,757.91
155.50
BEGINNING BALANCE
I Principal
I Expenses
.50
ENDING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
I Interest
12.160.07
IExpenses
155.50
IInterest
BEGINNING BALANCE
14,743.05
12,527.48
12,160.07
155.50
ENDING BALANCE
ITotal
\4,815.57
IInterest
12,232.59
I Expenses
\55.50
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
ITotal
15,199.40
I Expenses
\64.50
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGIN NING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
ITotal
15,588.64
I Expenses
155.50
BEGINNING BALANCE
ENDING BALANCE
PERIOD: 06/01/2006 To 06/30/2006
ITotal IprlnciPal
15,588.64 12,527.48
IInterest
13,005.66
I Expenses
155.50
Ilnterest
13,175.04
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
Plaintiff{ s)
CREDIGY RECEIVABLES INC.
2877 Paradise Road, Suite 303
Las Vegas, Nevada 89109
Vs
Case Number 04-4504
2004 - 09 -
Defendant(s)
WAYNE A CULBERTSON
16159 BURNT MILL RD
NEWBURG, P A 17240-0000
ToO Plaintiff 00 Defendant D Garnishee 0 Additional Defendant
You are hereby notified that the following Ordert Decree or Judgment has been entered against you
on
o Decree Nisi in Equity.
H Final Decree in Equity. 0
W Judgment of 0 ConfessionD Verdict 0 Court Order X Default 0 Non-Suit
o DNon-Pros D Arbltration Award
~ Judgment in the amount of $ ~,2 ~ J . ~ 2 'L26,p.6.2.. 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
/" \
9f';J.l loG.
If you have any questions concerning the abovet please contact :
Name! Address/Telephone Number of (AttomeylFilingParty )
Helene B. Raush, Bar No. 60140
P.O. Box 2629 Suwanee, GA 30024
(866) 990-9968