Loading...
HomeMy WebLinkAbout04-4556Helene B. Raush Bar No: 60140 Of Counsel to Stewart & Associates, P.C. P.O. Box 2629 Suwanee, GA. 30024 (866) 990-9968 phone (678) 684-4120 fax Credigy Receivables Inc., Plaintiff, VS. Calvin T Fitting, Defendant. CUMBERLAND COUNTY COURT OF COMMON PLEAS TRIAL DIVISION Civil Action No.: O 4- 9 J 5G CL A- `1,1 Arbitration Matter Assessment of Damages Hearing Not Required NOTICE To: Calvin T Fitting 350 Mountainview Rd Mount Holly Springs, PA 17065-0000 You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania'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 Jos reclamos expuso en las piginas siguientes, usted debe tomar medidas dentro de veinte (20) dfas 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 o las objecciones a los reclamos exponen contra usted. Usted es advertido que si usted falls de hacer asi, el caso puede avanzar sin usted y un juicio puede ser entrado contra usted pot el tribual sin sota adicional para cualquier dinero reclamado en la queja o para cualquier otro reclamo o el alivio solicitados por el Demandante. Usted puede perder dinero o 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 AVERIGUAR DONDE USTED PUEDE OBTENER AYUDA 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 Bar No: 60140 Of Counsel to Stewart & Associates, P.C. P.O. Box 2629 Suwanee, GA. 30024 (866) 990-9968 phone (678) 684-4120 fax Credigy Receivables Inc., Plaintiff, vs. Calvin T Fitting, Defendant. CUMBERLAND COUNTY COURT OF COMMON PLEAS TRIAL DIVISION Civil Action No.: 07- 956(- U^4 -f? Arbitration Matter Assessment of Damages Hearing Not Required COMPLAINT The Plaintiff asserts the following cause of action against the Defendant: 1. That Credigy Receivables Inc., Plaintiff, was and is, during all times mentioned in this Complaint, a corporation organized and existing under and by virtue of the laws of the State of Nevada, having its principal place of business located at 9404 Drew Court Las Vegas, Nevada 89117. 2. That Calvin T Fitting, Defendant, is and was at all times relevant to this case a citizen and resident of, Cumberland County, Pennsylvania and may be served at 350 Mountainview Rd. Mount Holly Springs, PA 17065-0000, 3. Defendant entered a written contract (the "Contract") for a credit card account (the "Account") with the Associates (the "Original Creditor"), specifically account number 4168100020525802 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) 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 $1,508.78, 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 $1,508.78 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 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 $1,508.78, 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 $1,508.78 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 appropnate. 51' A Respectfully submitted this%I day of It??° 2E)ON . A& A / Helene B. Raush Bar No: 60140 Of Counsel to Stewart & Associates, P.C. P.O. Box 2629 Suwanee, GA. 30024 (866) 990-9968 phone (678) 684-4120 fax NOTICE PURUANT TO FAIR DEBT COLLECTION PRACTICES ACT This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. VERIFICATION I hereby state that I am the Assistant Vice President of Plaintiff, that I am authorized to make this verification on behalf of Plaintiff in the foregoing action, that I have personal knowledge of the statements made in the foregoing Complaint, and that the statements made in 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 § 4904 relating to unswom falsification to authorities. CREDIGY RECEIV. BY: EXHIBIT A FIRST SELECT IMPORTANT LEGAL NOTICE Faders law gives you 30 days afl?you receive this letter to dispute the valid in of the debt orany pan of it If you do not dispute the valid in, of the debt or any part of n within mat period we will assume that tn- debt is valid- If you dispute the debt 01-am ' pan of it in wntma by mailing is a notice m hat effect on or before the 30a' day following the date on received this lever- we will obtain and mail to you proof(verifeaion) of debt Ana if within the same period you request in writing the name and adores, of the original creditor (If quadrant from the current creditor)- We will famish you with that information too. If we do receive a timely written notice all efforts to celled this deb: will resuspended until we mail any required information to vou. The purpose of this communication is to collect a debt: any information obtained will be used for collecting the debt. ACCOUNT AGREEMENT Your ASSOCIATES account has been transferred to First Select Corporation. Your ASSOCIATES account was closed in the time arms transfer and will therefore continue to be closed. This Account Agreement contains the terms that govern your Firs Select account (me':Account' j. In mss Agreement "you" and "you'mean each person who is liable for payment on fie Account "We" "due and "us" mean Firs: Select Corporation or it; assignees. Because your Account has been transferred to us, You are now obligated to repay the Account to us instead or-ASSOCI.ATES. If the Account was; opened as ajomt account, we may act on the instructions of any joint account holder. Pavments/Finan to 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, wemultiply the average daily balance periodic rate. The daily periodic rate we apply is your Account Annual Percentage Rate divided b) 365, The Annual Percentage Rate will be calculaed as disclose' in your most recent ASSOCIATES account term (the "Original Terri tryout Original Terms provided for different Annual Percentage Rate to be applied to different components of your mustarding balance, we will apply the lowest such Annual Percentage Rate on your entire outstanding balance. We may accept are a-panial payments, or payments marked "paid in full" or marked wim other restrictions. without losses our right to collectall amounts awing under this Agreement. You may ask First Select Corporation to pay your Account by debiting your checkine_ orsavinda account. You may revoke you- authorization by writing to First Select Customer Service Fees: We will merge your Account a fee for each billing cycle within which ,our Account is delinquent (late charge). The amount of the late charge pill be a disclosed it your Original Terms arms maximum late charge permitted by the lawofyeurr state o residence, WheadVisT IS lower purposes. and to improve customer service and seciarin, telephone calls to or from our offices may be monitored or recorded. Credit Reporting: If your mi! to fulfill be 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, 11.0 . Box 9104, Pleasanton, California 94566 Sharing Information: We may share informant, with our affiliates, includins without limitation, Providian National Bank and Prnvidian Bank. However vou may write to us at any time instmoting us not to share credit information with our affiliates. YOUR BILLING RIGHTS-SEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibil hies under the Fair Credit Billing AC_ Notify Us in Case of Errors or Questions about Your Bill If you thinh vourbill 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 leer than 60 days after we sent you the fist bill or. which the error orprodmat appeared. You can telephone as, but doing se will notpreserve your rights. In the letter, givens the following: -Your name and Account number. -The dollar amount ofth , suspected error. -A description ofint error and an explanation. if passible, of why you believe there is and error. If you need more information describe the item you are not sure about We Will Conrad yourACCotmt a fee forcach returned-payment check (reported check charge). The amount of the returned cheek charge will be as disclosed in your Original Terms, or the maximum resumes check charge permitted by the law or your state of residence, whichever is lower, To the extent provided in your Original Terms 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 Terms provided for an award of anomey's fees and court costs, such provision as incorporated herein shall apply reciprocally to the prevailing parry 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 lawand by the law of the state designated as the applicable law in your Original terms. If your Original Teens did not contain an applicable law provision, then this Agreement and your Account are governed by federal lawand the law of your stare of residence. This Agreement is a final expression of the 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 me rest of the provision in the Agreement will still be enforceable. We-may-trmsfer-or assign our right to all or some of your payments. If suit law requires that you receive notice of such and event to protect the purchaser W 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 ourtoll-free service number, 1-888-9242000. For quality assurance Your Rights and Our Responsibilities After We RedeiveYourR' ritum Notice We must acknowledge your I ewe within 30 days, unless we have connected tot error by than. Within 90 days, we most either contact the error or explain why we believe the bill was correct. After we receive your later, 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. If we find that we have made a mistake on your bill, you will not have to pay any finance charge related m 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 awe and the date that it is due. If you fail spay 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 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 m. We must ledI 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 ASSOCIATES credit card and you have tried in good faith to correct the problem with the merchant, you may na have to pay the remaining amount due on the goods dreamiest. There are two limitations to this right: (a) you most have made the purchase in your home state or, if not within your homestate, 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 ASSOCIATES own or operate the merchant, or we or ASSOCIATES 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 4168100020525802 and its unpaid balance. A copy of the Bill of Sale confirming that sale and assignment is attached hereto as Appendix "A". FURTHER AFFIANT SAYETH NAUGHT CREDIGY RECEIV BY: Sworn to and subscribed before me this S day of Xni Kk &A'M J NOTARY P LIC aaunu"'nuu„n p R MY COMMISSION EXPIRES: pl T tbrKlu+1 a5' a? AR y 'Q?tS EXPIRES GEORGIA o FEB. 25. 2005 , Quo REV. 01 -28-00 4ppendi;: A BE of Sal-. Firs', Select. Inc.. for value received and in accordance with the terms of tht Purchase and Sale F_greement between First Select Inc and Credim Receivables Inc. (`'PTLTP=.SER"j, dated as of December 2 2002 (the `Agreemen?' j, does hcrebv sell, assign and transfer w PURCJ-LSSER. its successors and assigns, all right, title and interest in and to the A equired sets. without recourse and without representation or warrantt_ including without limitation relating to collectibilit_v; except to the extent o_' ani representations or wa`Tanues expressl_v_ stated in the Agreement. r- rxecuttd on FIRST SELECT. INC. , 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: 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. Defendant(s) owes Plaintiff a principal sum of $1,508.78, plus interest on account number 4168100020525802. 4. Defendant(s) has repeatedly failed to pay the sum requested. 5. That all credits and offsets to which the Defendant(s) is entitled have been given. 6. That to the best of the Affiant's knowledge and belief Defendant(s) in this action 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 of this action or at the time of service of process on the Defendant(s). FURTHER AFFI TH NAUGHT. ;y? t AF/j ? Sworn to and subscribed bepitF {MFR °"a S4k day of ?ltgu,g} 00 EXPIRES GEORGIA FE 2525,2005 2 G o Notary Publi f'C BLZ ryN/y?c?GC o° My commission expires: Ftb(vkrN ?5? aba6 ?_, ? , ?\ ?" ? ; ?, ?` ,. - -. ?, o Cr' v 4, L CUMBERLAND COUNTY COURT OF COMMONS PLEAS TRIAL DIVISION CREDIGY RECEIVABLES INC PLAINTIFF / PETITIONER VS. CALVIN T FITTING DEFENDANT/ RESPONDANT CAUSE #: 04-4556 AFFIDAVIT OF SERVICE OF: NOTICE AND COMPLAINT; CIVIL COVER SHEET HEARING DATE: WITNESS FEE TENDERED: The undersigned, being first duly sworn, on oath deposes and says: That s(he) is now and at all times herein mentioned, a citizen of the United States and over the age of 18, not an officer of a plaintiff corporation, not a parry to nor interested in the above entitled action, and is competent to be a witness rein. On the date and time of /? - d at the address of Q / i city 6'f-/,M A d/ , county of state of A/A j , this affiant served the above described documents upon: ? Personal/ Corporate Service CALVIN T FITTING by then and there personally delivering true and correct copy(ies) thereof, by then presenting to and leaving the same with Person Receiving Dwuments and Their Relationship Substituted/Residential Service CALVIN T FITTING thereof, by then presenting to and leaving the by then and there p rsonally delivering / true and correct copy(i9_W-,,ke_ same with J ixJ a person o suitable ag e an lscretlon who state the above address to be the residence anusua place o abode o themselves and the subject(s) and/or subjects legal representative listed above. No information was provided that indicates that the subjects served are members of the , S. military. ? ? es Typed or printed Name o Process Server Server S' ature Subscribed and Sworn to before me this a Notary Public in the State of `/ " Residing at - !424M 62. Nolarirli Si; IJnda J. Jumper, Notary PuL*c cafte 8aror Cumberland COWRY N* Conrdsdm Expires July 23.2m MMAW. PwAV4rbAWariationofriorarios ABC Legal Services, Inc. Stewart & Associates, PC 910 5a' Ave. Seattle, WA 98104 3950 Johns Creek Court' (206) 521-9000 ORIGINAL ----- TRACKING #: 3516993 Suwanne, GA 30024 1111111111 PROOF OF SERVICE 678684-4100 Page 1 of 1 OR FWPRN ?;7; ?? ?4:i ? ?? ?_,._ .,T. _, ? ? R ? ' '' , ' .? .1` ` ? .:: ?_.,. yrr? t .?%" '° . c,? .;•vr' .e.l. a? i ',:?f:.i's e.'G'f.i.?Ln'f;f1)E. 1 f°:.! 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 Plaintiff, ) vs. ) Civil Action No.: 04-4556 CALVIN T FITTING, } PRAECIPE TO ENTER DEFAULT JUDGMENT Defendant. ) TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff, CREDIGY RECEIVABLES INC., and against Defendant, CALVIN T FITTING, 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 $ 952.40 PLUS INTEREST $ 917.83 ATTORNEY FEES $190.48 COSTS $ 0.00 TOTAL $ 2,060.71 (plus additional costs) POST-JUDGMENT INTEREST AT THE CONTRACT RATE OF 17.24 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 TTACHED AS EXHIBIT "A" AND "B." 3&D ARE A-4 Date: Helene B. Raush This,, day of 2 , judgment is entered in favor of CREDIGY RECEIVABLES INC. and against Defendant, CALVIN T FITTING, by default for want of an answer and damages assessed for the sum listed above as per the above certification. The court also grants permission to the Plaintiff to contact third parties who have or would reasonably have knowledge relevant to the collection of this jud t pursu nt to zut § 1692c. f gril - 160? Prothonotary EXHIBIT A-1 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., Plaintiff, VS. CALVIN T FITTING, CUMBERLAND COUNTY COURT OF COMMON PLEAS Civil Action No.: 04-4556 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT Defendant. TO: CALVIN T FITTING c/o PHILIP BRIGANIT, Attorney for Defendant 74 W. POMFRET ST, CARLISLE, PA 17013-0000 IMPORTANT NOTICE YOU ARE IN DEFAULT 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: 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 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 Plaintiff, ) VS. ) Civil Action No.: 04-4556 CALVIN T FITTING, ) NOTICE OF PRAECIPE TO ENTER 1 JUDGMENT BY DEFAULT Defendant. TO: CALVIN T FITTING c/o PHILIP BRIGANIT, Attorney for Defendant 74 W. POMFRET ST, CARLISLE, PA 17013-0000 AVISO IMPORTANTE Usted eata en rebeldia porque ha fallado en tomar la accion exigida de su parte en este case. A menos de que usted actue dentro de diez dias de la fecha de este aviso, as puede regis-trar uns sentica contra usted, si el beneficio de una audiencia y puede perder su propiedad o 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, PA 17013 (717) 240-6200 FECHA DEL AVISO: 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 B AFFIDAVIT OF DEFAULT, CERTIFICATION OF NOTICE OF PRAECIPE TO ENTER DEFAULT 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.mil/scra/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. On July 03, 2006 a copy of the Notice of Praecipe to Enter Judgment of Default was served by regular mail upon the Defendant, CALVIN T FITTING, c/o Philip Briganit. FURTHE FFIANT SAYETH NAUGHT. X sa McGraw, Affiant Sworn to the subscribed r Before me this , j 7 day of ' t, ---- \pnuuuurm _-- °\\\\?.?r` AID Notary Public, State of Georgia rGR My commission expires: n Department of Defense Manpower Data Center FEB-13-2007 10:16:27 Military Status Report Pursuant to the Servicemembers Civil Relief Act -<Last Name First/Middle Begin Date IActive Duty Status I Service/Agency FITTING CALVIN T 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. 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 of the 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 of DOB, 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/faa/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: BTEEPTFJAGZ ACCOUNT MONTHL Y BALANCE STATEMENT SUMMARY AccountID 10190630 Charge off Balance 952.40 Account Provider First Select, Inc. Current Balance 1,8 70.23 Product Associates Open Date 08/02/2000 Product Type Credit Card Charge Off Date 09/ 23/2001 Account Number# 4168-1000-2052-5802 Last Payment Date 02/ 15/2005 Account Original I+D# 4621-2010.2381-6049 Customer Name CALVIN T FITTING APR 17.240% Report Date 02/14/2007 STATEMENT PERIOD: 09/23/2001 To 09/3012001 Total Principal Interest Expenses BEGINNING BALANCE 1952.40 1952.40 10.00 10.00 I Total (Principal Interest (Expenses 1 ENDING BALANCE 1955.55 1952.40 3.15 10.00 PERIOD: 10/01/2001 To 10/31/2001 1 Total Principal Interest [Expenses BEGINNING BALANCE 1955.55 1952.40 13.15 10.00 Total Principal Interest (Expenses l ENDING BALANCE 1969.54 1952.40 117.14 10.00 PERIOD: 1.1/01/2001 To 11/30/2001 1 Total (Principal Interest - Expenses BEGINNING BALANCE 1969.54 ( 952.40 117.14 - 10.00 Total Principal Interest Expenses ENDING BALANCE 1983.28 1952.40 130.88 10.00 PERIOD. 12/01/2001 To 12/31/2001- . Total Principal Interest Expenses BEGINNING BALANCE 1983.28 1952.40- 130.88 10.00 (Total Principal Interest Expenses ENDING BALANCE 1 997.68 1952.40 1 45.28 10.00 PERIOD: 01/01/2002 To 01/31/2002 1 Total Principal Interest Expenses J BEGINNING BALANCE 1997.68 1952.40 145.28 10.00 (Total F. Principal Expenses ,E'NDING' BALANCE 1,012.28 952.40 159.88 10.00 PERIOD: 02/01/2002 To 02/28/2002 1 Total iPrincipal Interest }Expenses BEGINNING BALANCE 1 1,012.28 1952.40 59.88 ( 0.00 ITotal [Principal Interest Expenses' ENDING BALANCE 11,025.67 1952.40 173.27 10.00 PERIOD: 03/01/2002 To 03/31/2002 I Total Principal [Interest Expenses BEGINNING BALANCE ( 1,025.67 19S2.40 1 73.27 10.00 ITotal Principal Interest Expenses ENDING BALANCE 11,040.69 1952.40 188.29 10.00 PERIOD: 04/0112002 To 04/30/2002 1 1 Total Principal Interest Expenses BEGINNING BALANCE 11,040.69, 1952.40 188.29 10.00 ITotal Principal Interest Expenses ENDING BALANCE 1 1,055.44 ` 1952.40 J 1103.04 10.00 PERIOD: 05/01/2002 To 05131,/2002 Total Principal Interest Expenses BEGINNING BALANCE 11,055.44 1952.40 1103.04 10.00 I Total Principal Interest Expenses ENDING BALANCE 11,070.89 1952.40 1118.49 10.00 f PERIOD: 06/01/2002 To 06/30/2002 1 Total Principal Interest Expenses BEGINNING BALANCE 11,070.89 1952.40 1118.49 10.00 Total Principal Interest Expenses ENDING BALANCE 1 1,086.06 1952.40 1 133.66 ( 0.00 PERIOD: 07/01/2002 To 07/31/2002" Total Principal Interest 1 Expenses BEGINNING BALANCE 11,085.06 1952.40 1`133.66 10.00 Total Principal Interest 11 Expenses .ENDINGG' BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE 11,101.97 1952.40 PERIOD: 08101/2002 To 08/31/2002 Total Principal 11,101,97 952.40 Total Principal 1,118.10 1952.40 PERIOD: 09101/2002 To 09/30/2002 Total Principal - 11,118.10 1952.40 1 149.57 10.00 Interest Expenses 149.57 0.00 Interest Expenses 165.70 10.00 Interest Expenses 1 165.70 10.00 Total Principal, Interest Expenses 11,133.95 ? 952.40 181.55 10.00 PERIOD: Total 10/01/2002 To 10/31/2002 Principal Interest Expenses 11,133.95 952.40 181.55 10.00 Total - [Principal Interest Expenses 1,150.55 1 952.40 1198.15 10.00 PERIOD: Total 11/01/2002 To 11/30/2002 Principal Interest [Expenses 11,150.55 1952.40 1198.15 1 `0.00 Total Principal Interest ENDING BALANCE 11,166.85 1952.40 1214.45 PERIOD: 12/01/2002 To 12/3112002 (Total Principal Interest BEGINNING BALANCE 11,166.85 1952.40 1214.45 RExpenses 10.00 rr1 FExpenses 10.00 Total Principal Interest Expenses ENDING BALANCE 11,183.94 1952.40 1231.54 10.00 PERIOD: 01/01/2003 To 01/31/2003 Total Principal [Interest 1 Expenses BEGINNING BALANCE 11,183.94 1952.40 1231.54 10.00 `-Total Principal Interest [Expenses .ENDING BALANCE 1,201.27 1 952.40 248.87 10.00 PERIOD: 02/01./2003 To 02/28/2003 S?Total Principal tiInterest Expenses BEGINNING BALANCE 1,201.27 952.40 248.87 0.00 ITotal [Princ'ipal' Interest Expenses ENDING BALANCE 11,217.16 1952.40 1264.76 10.00 PERIOD: 03/01/2003 To 03/31/2003 Total Principal Interest Expenses BEGINNING BALANCE 11,217.16 1952,40 1264.76 10.00 Total Principal Interest Expenses E'N'DING BALANCE 11,234.98 1952.40 1282.58 1 0.00 PERIOD: 04/01/2003 To 04/30/2003 ITotal Principal Interest Expenses BEGINNING BALANCE 11,234.98 1952.40 1282.58 10;00 Total Principal' Interest Expenses 1 ENDING BALANCE 1 1,252.48" 1952.40 1 300.08° 10.00 PERIOD: 05/01/2003 To 05/3112003 ITotal Principal Interest Expenses BEGINNING BALANCE 11,2S2.48 1952.40 1300.08 10,00 Total Principal Interest Expenses ENDING BALANCE 11;270.82 1952.40 1318.42 10.00 PERIOD: 06/01/2003 To 06/30/2003 Total Principal Interest [Expenses BEGINNING' BALANCE 11,270.82 1952.40 1318.42 10.00 Total Principal Interest Expenses ENDING BALANCE 11,288.83 1952.40 1336.43 10.00 PERIOD: 07/01/2003 To 07/31/2003 1 [Total Principal (Interest Expenses 1 BEGINNING BALANCE 11,288.83'- 1952.40 1336.43 10.00 N, F Total Principal Interest Expenses ,E'NDING' BALANCE BEGINNING BALANCE 1 1,307.70 1 952.40355.30 10.00 PERIOD: 08/01/2003 To 08/31/2003 Total Principal Interest Expenses 1,307.70 1952.40 1 355.30 1 0.00 [Total ENDING BALANCE 11,326.85 'Principal Interest Expenses 1952.40 374.45 10.00 PERIOD; 09101/2003 To 09/30/2003 ITotal Principal [Interest [Expenses BEGINNING BALANCE 11,326.85 1952.40 1374.45 10.00 ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE ENDING BALANCE I BEGINNING BALANCE ENDING BALANCE TotalPrincipal Interest 'Expenses 11,345.65 1952.40 1393.25 10.00 PERIOD: 10/01/2003 To 10/31/2003 ITotal [Principal Interest Expenses 1 1,345.65 1952.40 1393.25 10.00 Total - Principal Interest Expenses ` 1 1,365.35 1952.40 1412.95 10.00 PERIOD. 11/0112003 To 11/30/2003 [Total (Principal Interest Expenses 11,365.35 1952.40 1412,95 10.00 Total -_Principal Interest Expenses 1 1,384.70 1952.40 1432.30 10.00 PERIOD: 12/01/2003 To 12/31/2003 1 1Total [Principal (Interest Expenses 11,384.70 1952.40 ,. 1432.30 10.00 ITotal Principal 1 1,404.97 1952.40 PERIOD: 01/01/2004 To 01/31/2004 Total Principal BEGINNING BALANCE 11,404.97 1952.40 Interest Expenses 1452.57 1 0.00 Interest Expenses 1452.57 10.00 T Total Principal Interest Expenses ,E'NDING' BALANCE 11,425:54 1952.40 1473.14 10.00 PERIOD: 02/01/2004 To 02/29/2004 Total Principal BEGINNING' BALANCE 11,425.54 1952.40 ITotal Principal ENDING BALANCE 11,445.07 1952.40 PERIOD: ,03101/2004 To 03/31/2004 Total Principal BEGINNING' BALANCE ? 1,445.07 ? 952.40 I ENDING' BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE ENDING BALANCE BEGINNING BALANCE ENDING' BALANCE Total Principal 11,466.23 1952.40 InterestExpenses 1513.83 10.00 PERIOD: 04/01/2004 To 04/30/2004 Total Principal Interest [Expenses 1,466.23 1952.40 1513.83 10.00 ITotal Principal - Interest [Expenses 1,487.01 1952.40 1534.61 10.00 PERIOD: 05/01/2004 To 05/31/2004 Total Principal Interest [Expenses 1 11,487,01 1952.40 1534.61 10.00 ITotal Principal Interest [Expenses 11,508.78 1 952.40 1556.38 1 0.00 PERIOD, 06/01/2004 To 05/30/2004 Total Principal Interest [Expenses { 11,508.78 1952.40 1556.38` 1 0.00 ITotal Principal Interest Expenses' 11,530.16 1952.40 ` 1577.76 10.00 PERIOD: 07/01/2004 To 07/31/2004 ITotal Principal Interest Expenses BEGINNING BALANCE 1`1,530.16 1952.40 1577:76 10.00 ;Interest Expenses 473.14 1 0.00 Interest Expenses 1492.67 1 0.00 I Interest [Expenses E 492:67 10.00 Transactions Amount' Transaction Date 55.50 07/29/2004 100.00 07/29/2004 100.00 07/29/2004 1 Total ENDING 'BALANCE 1 1,608.14 Type Legal Expenses 1 Legal Expenses Legal Expense Reversal Principal 1952.40 Interest Expenses 1600.24 1 55:50 PERIOD: 08/01/2004 To 08/31/2004 ITotal Principal Interest [Expenses BEGINNING BALANCE 11,608.14 1952.40 1600.24 155.50 Total [Principal Interest Expenses ENDING BALANCE 1 1,631.69 1952.40 1623,79 1 55.50 PERIOD: 09/01/ 2004 To 09/30/2004 Total Principal Interest Expenses BEGINNING` BALANCE 11,631.69 1952.40 1623.79 155.50 Total Principal interest - - Expenses ENDING BALANCE, 11,654.81 1952.40 1646.91 155.50 PERIOD: 10/011. 2004 To 10/31/2004 Total [Principal Interest [Expenses BEGINNING BALANCE (1,554.81 1952.40 1646.91 155.50 Total Principal Interest Expenses ENDING BALANCE 11,679.04 1952.40 1671.14 155.50 PERIOD, 11/01/ 2004, To 11/30/2004 Total Principal Interest Expenses BEGINNING BALANCE 11,679.04 1952.40 1671.14 155,50 Transactions Amount (Transaction Date (Type 140.00 111/30/2004 ( Payment, Without Plan Total' Principal (Interest Expenses ENDING BALANCE 11,562.76 1952.40 1610.36 10.00 PERIOD: 12/01/ 2004 To 12/31/2004 1 1 Total Principal Interest Expenses BEGIUKING BALANCE 11,562.76 ENDING BALANCE Total 11,585.65 952.40 1 610.36 10.00; Principal Interest Expenses 1952.40 1633.25 0100 PERIOD::' 01101/2005 To 01/31/2005 Total Principal (Interest Expenses 11,585.65 1952.40 1633.25 10.00 I BEGINNING BALANCE Transactions Amount Transaction Date Type 140.00 101/06/2005 Payment Without Plan ENDING BALANCE Total Principal Interest Expenses 11,467.15 952,40514.75 10.00 PERIOD: 02101,/2005 To 02/28/2005, ITotal [PrincipalInterest BEGINNING BALANCE 11,467.15 1952.40 1514.75 Transactions Amount l 140.00 (Transaction Date -[Type 102/15/2005 k Payment Without Plan l [Expenses I 0.00 ITotal Principal Interest Expenses ENDING BALANCE 11,345.62 1952.40 1393.22 10.00 PERIOD: 03/0112005 To 03131/2005 Total Principal Interest (Expenses { BEGINNING BALANCE 11,345.62 1952.40 1393.22 10.00 ENDING BALANCE BEGINNING BALANCE Total Principal 11,365.33 1952.40 PERIOD: 04/03/2005 To 04/30/2005 ITotal (Principal 1 1,365.33 1952.40 interest Expenses 1412.93 10.00 Interest 'Expenses 1 412.93 10.00 ,Total Principal .:Interest Expenses ENDING BALANCE 11,384.67 1952.40 1432.27 10.00 BEGINNING BALANCE PERIOD: 05/01/2005 To 05/31/2005 "Total Principal L 1,384.67 952.40 i Interest Expenses 432.27 0.00 (Total (Principal ENDING BALANCE' 11,404.95 1952.40 PERIOD: 06/01/2005 To 06/30/2005 Total ('Principal BEGINNING BALANCE 11,404.95 1952.40 ENDING BALANCE BEGINNING BALANCE Interest Expenses 1452.55 1 0.00 [Interest Expenses 1452.55 ' 0.00 ITotal Principal Interest Expenses 11,424.85 ? 952.40 1472.45 10.00 PERIOD: 07/01/2005 To 07/31/2005 ITotal Principal 11 Interest Expenses 1 1,424.85 1952.40 1472.45 10.00 Total [Principal Interest Expenses ENDING BALANCE 11,445.72 1952.40 1493.32 10.00 PERIOD: 08/01/2005 To 08/31/2005 1 Total Principal Interest Expenses j BEGINNING BALANCE 11,445.72 1952.40 149332 10.00 Total ['Principal Interest Expenses ENDING BALANCE 11,466.89 1952.40 1514.49 ` 10.00 PERIOD: 09/0112005 To 09/30/2005 Total Principal Interest Expenses <BEGINN'ING BALANCE 11,466.89 1952.40 1514.49 10.00 ITotal 11 Principal Interest Expenses ENDING BALANCE 11,487.67 1 952.40 1535.27 10.00 PERIOD: 10/01/2005 To 10/31/2005 Total [Principal Interest Expenses BEGINNING BALANCE 11,487.67 1952.40 1535.27 10.00 Total Principal [Interest Expenses ENDING BALANCE' 1 1,509.45 1 952.40 1557.05 1 0.00 I PERIOD: 11/01/2005 To 11/30/2005 i'Total Principal BEGINNING BALANCE 11,509.45 952.40 ENDING BALANCE I BEGINNING BALANCE Interest 557.05 1 3Expenses 0.00 .Total (Principal Interest Expenses 1 1,530.84 1952.40 1 578.44 10.00 PERIOD: 12/011200`5 To 12/31/2005 Total, (Principal Interest Expenses 1,530.84 1 952.40 1 578.44 10.00 (Total 11, Principal (Interest Expenses ENDING BALANCE 11,553.26 1952.40 1600.86 10.00 PERIOD: 01/01/2006 To 01/31/2006 Total Pri ncipal Interest Expenses BEGINNING 'BALA'NCE 11,553.26 1952.40 1600.86 10.00 ENDING BALANCE I BEGINNING BALANCE ENDING BALANCE I'll BEGINNING BALANCE ENDING BALANCE I BEGINNING BALANCE ITotal [Principal Interest Expenses 11,576.00 1952.40 1623.60 10.00 PERIOD: 02/0`112006 To 02/28/2005 1 Total Principal Interest Expenses 11,576.00 1952.40 1523.60 10.00 [Total Principal Interest Expenses 11,596.84 1 952.40 1 644.44 10.00 PERIOD: 03/0112006 To 03/31/2006 Total [Principal .Interest [Expenses 11,596.84 1952.40 1644.44 10.00 ITotal Principal Interest Expenses 1 1,620.23. 1952.40 1667.83 10.00 PERIOD: 04/01/2005 To 04/30/2006 Total [Principal Interest [Expenses 1 1,620.23 1952.40 1 667.83 1 0.00 [Total [Principal ;Interest Expenses ENDING BALANCE 11,643.18 1952.40 1690.78 10.00 PERIOD: 05/01/2006 To 05/31/2006 eTotal Principal BEGINNING BALANCE 11,643.18 1952.40 ENDING BALANCE I BEGINNING BALANCE I Total 'Principal 11,667.24 1952.40 PERIOD: 06/01/2006 To 06/30/2006 Total (Principal 1,667.24 1 952.40 [Interest Expenses 690.78 0.00 Interest Expenses 1714.84 10.00 interest [Expenses 1714.84 10.00 [Total Principal Interest Expenses ENDING BALANCE 11,690.87 1952.40 1738.47 10.00 PERIOD: 07/01/2006 To 07/31/2006 Total (Principal Interest Expenses BEGINNING BALANCE 11,690.87 1952.40 1 738.47 10.00 (Total Principal Interest Expenses I ENDING BALANCE 11,715.63 1952.40 1763.23 10.00 " PERIOD: 08/01/2006 To 08/31/2006 TotalPrincipal Interest Expenses BEGINNING BALANCE 11,715.63 1952.40 176123 10.00 ENDING BALANCE I BEGINNING BALANCE (Total Principal 11,740.75 1 952.40 PERIOD: 09/01/2006 To 09/30/2006 Total (Principal 1 1,740.75 1952.40 Total Principal ENDING BALANCE 11,765.41 1952.40 PERIOD: 10/01/2006 To 10/3112006 ITotal Principal BEGINNING BALANCE 11,765.41 1952.40 ITotal Principal ENDING BALANCE' 11,791.26 1952.40 Interest Expenses 1 788.35 10.00 Interest Expenses 178&35 10.00 Interest 1813.01 Interest 1 813.01 Interest 838.86 (Expenses 10.00 Expenses 10.00 Expenses 0.00 BEGINNING BALANCE PERIOD: 11/01/2006 To 11/30/2006 1 Total 'Principal Interest Expenses 1 1,791.26 952.40.838.86 0.00 ITotal Principal ENDING BALANCE 11,816.64 1952.40 PERIOD: 12/01/2006 To 12/31/2006 Total Principal BEGINNING BALANCE 11,816.64 1952.40 Interest [Expenses 1864.24 10.00 Interest Expenses 1864.24 0.00 ITotal Principal Interest Expenses ENDING BALANCE ( 1,843.24 952.40 890.84 1 0.00 PERIOD: 01101/2007 To 01/31/2007 ITotal Principal Interest [Expenses BEGINNING BALANCE 11,843.24 1952.40 1890.84 10.00 [Total Principal Interest Expenses ENDING BALANCE 11,870.23 1952.40 1917.83 1 0.00 A -t - s. i IN THE COURT OF COMMON PLEAS OF CUMBERLAND PENNSYLVANIA NOTICE OF ORDER, DECREE OR JUDGMENT Prothonotary-Rule236 Plaintiff(s) Case Number 04-4556 CREDIGY RECEIVABLES INC. 2004 - 09 2877 Paradise Road, Suite 303 Las Vegas, Nevada 89109 Vs Defendant(s) CALVIN T FITTING c/o PHILIP BRIGANIT ATTORNEY FOR DEFENDANT 74 W. POMFRET ST. To? Plaintiff FX1 Defendant ? Garnishee ? Additional Defendant You are hereby notified that the following Carder, Decree or Judgment has been entered against you on 0 Decree Nisi in Equity. Final Decree in Equity. X Judgment of confession= verdict= Court Order?X Default= Non-Suit Q Non-Pros 0 Arbitration Award Fx]Judgrnent in the amount of $2„060.71 . plus costs. Q District Justice Transcript of judgment in the amount of $ plus costs. ? If not satisfied with sixty (60) days, your motor vehicle operators license will be suspended by the Pennsylvania Department of Transportation. BMW- If you have any questions concerning the above, please contact : Name/AddreswTelephone Number of (Attorney/FilingParty ) Helene B. Raush, Bar No. 60140 P.O. Box 2629 Suwanee, GA 30024 (866) 990-9968