HomeMy WebLinkAbout04-5490
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.
Stephen Snyder,
Defendant.
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CUMBERLAND COUNTY
COURT OF COMMON PLEAS
TRIAL DIVISION
Civil Action No.: O~ - 5q9D
C/cj~L/~
Arbitration Matter
Assessment of Damages Hearing
Not Required
NOTICE
To: Stephen Snyder
802 Bridge St Apt 6
New Cumberland, P A 17070-0000
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 Lawyer Referral Service 4th Floor,
Cumberland County Courthouse, Carlisle, P A 17013.
NOTICE PURSUANT 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) dras 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, S1
USTED no TIENE a UN ABOGADO ni no PUEDE PROPORC10NAR UNO, IR A ni
TELEFONEAR LA OF1CINA EXPUSO DEBAJO DE A VER1GUAR DONDE USTED
PUEDE OBTENER A YUDA LEGAL.
Servicio De Referencia E Informacion Legal 717-240-6200. Lawyer Referral
Service 4th Floor, Cumberland County Courthouse, Carlisle, P A 17013.
***** NOTICE PURSUANT 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.
Stephen Snyder,
Defendant.
)
)
)
)
)
)
)
)
)
)
)
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
TRIAL DIVISION
Civil Action No.:
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 Stephen Snyder, Defendant, is and was at all times relevant to this case a citizen
and resident of, Cumberland County, Pel111sylvania and may be served at 802 Bridge St Apt 6
New Cumberland, P A 17070-0000.
3. Defendant entered a written contract (the "Contract") for a credit card account (the
"Account") with the Associates (the "Original Creditor"), specifically account number
4168100012434070 and thereafter assigned the account to First Select, Inc. (the "Prior
Creditor"). An exemplary copy of the Contract is attached hereto as Exhibit "A" and
incorporated herein by reference.
4. Among the terms and conditions of the Contract, Defendant agreed to pay promptly
on rendition of a statement, all charges on the account.
5. Defendant accepted and used the credit card provided by the Original Creditor.
6. The Original Creditor rendered monthly statements of charges to Defendant.
7. The Original Creditor made written demand on Defendant for the balance due and
owing on the account separate and apart from the statements rendered to Defendant, but the
Defendant failed and refused to pay,
8. Defendant agreed in the Contract to pay all reasonable costs of collection, including
reasonable attorney's fees, if Defendant's account was referred to an attorney for collection.
9. The Prior Creditor duly assigned and transferred all of its rights, title and interest in
and to the Account and the Contract, to Plaintiff, and by reason of that assignment, Plaintiff
became, and now is, the holder and owner of the Account and the Contract, as shown on the
Officer's Certificate attesting to the account transfer only attached hereto and incorporated herein
as Exhibit "B."
10. Plaintiffs attorney has notified Defendant as required by the Fair Debt Collection
Practices Act by letter.
FIRST CLAIM FOR RELIEF
(Breach of Contract)
11. The allegations contained in paragraphs 1 through 10 of the Plaintiffs Complaint are
incorporated by reference herein.
12. Plaintiff has performed all conditions precedent to be performed by Plaintiff under the
Contract or the conditions have been satisfied.
13. Defendant has not repaid Plaintiff for credit extended under the Contract and on the
Account.
14. As a result of Defendant's failure and refusal to pay the balance due on the account,
Plaintiff is entitled to a judgment against Defendant in the amount of $2,631.54, that is due with
interest as shown on the Affidavit in Proof of Claim and Non-Military Service attached hereto
and incorporated herein as Exhibit "C."
WHEREFORE, the Plaintiff respectfully requests that the court award the following
relief:
1. Enter a judgment in favor of the Plaintiff and against Defendant in the amount of
$2,631.54 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 $2,631.54, 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 $2,631.54 in quantum meruit, or on implied contract plus interest;
2. Tax the costs of this action against the Defendant;
3. A ward to the Plaintiff its reasonable attorneys' fees, costs and expenses incurred in
prosecuting this action; and
4. Grant such other and further relief in favor of the Plaintiff as the court deems just and
appropriate.
Respectfully submitted this Z7~ay of o-J..,
, .wtJ.o/ '
~p~
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 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.
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 unsworn falsification to authorities.
BY:
EXHIBIT A
FIRST SELECT
IMPORTANT LEGAL NOTICE
Federal law gIves you 30 days afier you receive this letter to dispute the validllY of the debt or any part of it. If you do not dispute the validity of the debt or any part of it
wllhin that period we will assume that the debt IS valId. If you dispute the debt or any part ofll in writing by mailIng us a notice to that eflect on or before the 3011' day
following the date you received this letter - we will obtain and mail to you proof (verification) of debt. And if wi thin the same period you request in writing the name and
address of the original creditor (If diflerent trom the current creditor). We will furnish you with that infonnation too. [I' we do receive a timely written notice all eflorts to
collect this debt will be suspended until we mail any required infonnation to you.
The purpose of this communication is to collect a debt; any information obtained will be used for collecting the debt.
ACCOUNT AGREEMENT
Y our ASSOCIATES account has been transferred to First Select Corporation.
Your ASSOCIATES account was closed at the time of this 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 to repay the Account to us
instead of ASSOCIATES. If the Account was opened as ajomt account, we may
act on the instructions of any joint account holder.
PaymentslFinance Charges: As long as you have a balance outstanding on your
Account, finance charges are calculated as follows.
To figure the finance charges for each billing cycle, we multiply the average
daily balance penodic 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 ASSOCIATES account tenn (the
"Original Tenns"). If your Origmal Tenns provided for difterent Annual
Percentage Rate to be applied to diflerent 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 wnting to First Select Customer ServIce.
Fees: We will charge your Account a fee for each billing cycle within which
your Account is delmquent (late charge). The amount of the late charge will be
as disclosed in your Original Tenns or the maximum late charge pennitted by the
law of your stateofrestdence, whichever is lower.
We will charge your Account a fee for each returned payment check (retumed
check charge). The amount of the returned check charge will be as disclosed in
your Onginal T enns, or the maximum returned check charge pennitted by the
law or your state of residence, whichever is lower.
To the extent provided in your Original Tenns and to the extent pennitted by
applicable law, in addition to your obligations to pay the outstanding balance on
your Account, plus interest and fees as disclosed herein, we may also charge you
for any collection costs we in~l",line hilt omljmili:lUo.~Q!!l!ble~_
attomey's fees and court costs. ]fyour 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 tenns. If your Original
T enns did not contam an applicable law provision, then this Agreement and your
Account are governed by federal law and the law of your state of residence. This
Agreement is a final expression 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 confonn to applicable law, and the rest of the
provision in the Agreement will still be enforceable. We may transfer or assign
our right to all or some of your payments. Ifstat 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 OUl. toll-tree service number, ]-888-924-2000. For quality assurance
purposes, and to improve customer service and security, telephone calls to or
trom our offices may be monitored or recorded.
Credit Reporting: If your fail to fulfill the tenns of your credit obligation, a
negative credll report reflecting on your credit record may be submitted to a
credit repor1ing agency. In order to dispute any infonnation we are reporting
about your Account, you must write to us at the following address: F\rst Select
Corporation, P.O. Box 9104, Pleasanton, California 94566.
Sharing Information: We may share infonnation with our affiliates, including
without limitation, Providian National Bank and Providtan Bank. However, you
may write to us at any IIIne instructing us not to share credit infonnation with our
affiliates.
YOUR B]LLlNG RIGHTS-KEEP THIS NOTICE FOR FUTURE USE
This notice contams important infonnation about your rights and our
responsibilities under the Fair Credit Billing Act.
Notify Us in Case of Errors or Questions about Your Bill
]1' you think your bill is wrong or if you need more mfonnation 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 trom 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.
In 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 withm 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 agamst your credit line. You do not
have tv pay I>uy q"cstionod omount whils.we-are inveitigMing. hilt yo" are still
obligated to pay the parts of the bill that are not in question.
Ifwe find that we have made a mistake on your bill, you will not have to pay any
finance charge related to any questioned amount. ]fwe 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. If you fail to pay the amount
we think you owe, we may report you as delmquent. 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 to. We must tell
anyone we report you to that the matter has been settled between us when it
finally is. ]f 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
]f 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 not have to pay the remaimng 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, if not within your home state,
within 100 miles of your current mailing address: and (b) the purchase price must
have been more than $50. These limitations do not apply if either we or
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 4168100012434070
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:
Sworn to and subscribed before me this ~
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MY COMMISSION EXPIRES:
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Appendix A
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firsT. Sei en. in c:.. Tor value T.eceiveci and in accDrdance with the terms ohhe Purchase and
Sale Agreemem :DeTiveenrirsT SelecI. Inc..arro CrealgyRe:::eivaoJ.es Ine (<'PURCR..6-,-S3P."!.
ciaT:edas of Dee.ember::7. 1001 fthe-'Agreemenf'). does ber.eb~, sell assigD .ano rransie~ tc,
PURCHASER irssllceessorsan.dassigm., all right. titLe andmrerest 1TI .arrd to the Acquired
.1.l~sseIS. wIthom recourse anc withom represemation or warranty. inciucim~ withoUt iimrcatioD
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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 $2,631.54, plus interest on
account number 4168100012434070.
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).
YETH NAUGHT,
Sworn to and subscribed before me this 0
day of ~ , D~
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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
Attorney For Plaintiff
Credigy Receivables Inc.,
Plaintiff,
vs.
Stephen Snyder,
Defendant.
)
)
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)
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)
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)
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)
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CUMBERLAND COUNTY
COURT OF COMMON PLEAS
TRIAL DIVISION
Civil Action No.: 04-5490
PRAECIPE TO
REINSTATE COMPLAINT-CIVIL ACTION
(REISSUE WRIT OF SUMMONS)
TO THE PROTHONOTARY:
Kindly reinstate (reissue) the Complaint (Writ of Summons) in the above-captioned
Civil Action for an additional thirty (30) days (or ninety days, if an out-of state defendant).
DA TED::;2!J3!D'5'
,jA4t4~
Helene B. Raush
Attorney for Plaintiff
Form 3-1
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2004-05490 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CREDIGY RECEIVABLES INC
VS
SNYDER STEPHEN
R. Thomas Kline
ISheriff or Deputy Sheriff, who being
duly sworn according to lawl saysl that he made a diligent search and
inquiry for the within named DEFENDANT
SNYDER STEPHEN
but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT & NOTICE
I NOT FOUND I as to
the within named DEFENDANT
I SNYDER STEPHEN
802 BRIDGE ST APT 6
NEW CUMBERLAND, PA 17070
UNABLE TO MAKE SERVICE ON DEFENDANT PRIOR TO EXPIRATION.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
18.00
13.32
5.00
10.00
.00
46.32
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R. Tho~as K(I"ine
Sheriff of Cumberland County
ABC LEGAL SERVICES INC
11/29/2004
Sworn and subscribed to before me
~~
day of 9~./
this
JIH'!! A.D.
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Pro t onotary ,
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-05490 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
CREDIGY RECEIVABLES INC
VS
SNYDER STEPHEN
CPL. TIMOTHY REITZ
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn accordin to law,
says, the within COMPLAINT & NOTICE
SNYDER STEPHEN
DEFENDANT
was served upon
t e
at 1829:00 HOURS, on the 11th day of March
, 2005
at 802 BRIDGE ST
NEW CUMBERLAND, PA 17070
STEPHEN SNYDER
APT 6
by handing to
a true and attested copy of COMPLAINT & NOTICE
together ith
and at the same time directing His attention to the contents the eof,
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
12.58
.00
10.00
.00
40.58
Sworn and Subscribed to before
me this ~ I day of
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So Answers:
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R, Thomas Kline
03/14/2005
STEWART & ASSOCIATES
By:
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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.,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
vs.
)
)
)
)
)
)
)
)
Civil Action No.: 04-5490
Plaintiff,
STEPHEN SNYDER,
PRAECIPE TO ENTER
DEFAULT JUDGMENT
Defendant.
TO THE PROTHONOTARY:
Enter judgment in favor of Plaintiff, CREDIGY RECEIVABLES INC., and against
Defendant, STEPHEN SNYDER, for want of an answer, The amount stated in Plaintiffs initial
pleading consisted of the balance as of the date Plaintiff acquired Defendant's account plus
accrued and unpaid interest through the date of filing of the Complaint. Plaintiff now requests
judgment for the current balance of Defendant's account as follows:
PRINCIPAL AMOUNT $ 1,368.50
PLUS INTEREST $ 2,274.14
ATTORNEY FEES $ 273.70
C03~ --$ 96,00 -+
TOTAL $ 4,8n.42' (plus additional costs)
I1f d&'lt..3"~
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: *lo(p 1k /3.~ -
Helene B. Raush
This :J I s-r day of S1~+ , .:x;:ofe:, , judgment is entered in favor
of CREDIGY RECEIVABLES INC. and agamst Defendant, STEPHEN SNYDER, 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 Plaintif to contact third ies who have or would
reasonably have knowledge relevant to the collection of this . 015 U.S,C.A. S 1 692c,
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.,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
VS,
STEPHEN SNYDER,
)
)
)
)
)
)
)
)
)
Civil Action No.: 04-5490
Plaintiff,
NOTICE OF PRAECIPE TO ENTER
JUDGMENT BY DEF AUL T
Defendant.
TO: STEPHEN SNYDER
802 BRIDGE ST APT 6
NEW CUMBERLAND, P A 17070-0000
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 (1 0) 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, P A 17013
(717) 240-6200
DATE: Julv 03. 2006
/s/ HELENE B. RAUSH
Helene B. Raush
BarNo: 60140
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICE ACT
This communication is from a debt collector. This is an attempt to collect a debt and any information
obtained will be used for that purpose.
EXHIBIT A-2
Helene B. Raush
Bar No: 60140
Stewart & Associates, P,C.
P.O, Box 2629
Suwanee, GA. 30024
(866) 990-9968 phone
(678) 684-4975 fax
CREDIGY RECEIVABLES INC.,
vs.
)
)
)
)
)
)
)
)
)
)
Civil Action No.: 04-5490
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff,
STEPHEN SNYDER,
NOTICE OF PRAECIPE TO ENTER
JUDGMENT BY DEFAULT
Defendant.
TO: STEPHEN SNYDER
802 BRIDGE ST APT 6
NEW CUMBERLAND, PA 17070-0000
A VISO IMPORT ANTE
U sted 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 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: Julv 03. 2006
/s/ HELENE B. RAUSH
Helene B. Raush
BarNo: 60140
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICE ACT
This communication is from a debt collector. This is an attempt to collect a debt and any
information obtained will be used for that purpose.
EXHIBIT B
AFFIDAVIT OF DEFAULT, CERTIFICATION OF NOTICE OF PRAECIPE TO ENTER
DEFAULT JUDGMENT, AND NON-MILITARY SERVICE.
STATE OF GEORGIA
COUNTY OF FORSYTH
Cherita Carter, first being duly sworn, deposes and says:
1. That Affiant, Cherita Carter, is duly authorized to execute this affidavit on behalf
of the Plaintiff.
2. That the Affiant has reviewed the business records of the Plaintiff kept in the
normal course of business. Attached hereto is an Account Monthly Balance
Statement for the Defendant.
3. Defendant has failed to answer or appear in the above referenced matter,
4. To the best of my knowledge, Defendant is not now nor was at any relevant time
a member of the United States Military,
5. On July 03, 2006 a copy of the Notice of Praecipe to Enter Judgment of Default
was served by regular mail upon the Defendant, STEPHEN SNYDER.
\:.~ .~H~~~,SAYETHNAUGHT
Cherita Carter, A lant
Sworn to the subscribed
Before me this ~ay of
r;) cUp
ACCOUNT MONTHLY BALANCE STATEMENT
SUMMARY
AccountID 10206263 Charge off Balance 1,402,13
Account Provider First Select, lnc, Current Balance 3,738.72
Prod uct Associates Open Date 09/03/1993
Product Type Credit Card Charge Off Date 08/31/2000
Account Number# 4168-1000-1243-4070 Last Payment Date 03/05/2001
Account Original ID# 5457-1500-4027-2700 Customer Name STEPHEN SNYDER
APR 18.000% Report Date 08/24/2006
I
STATEMENT
PERIOD: 08/31/2000 To 08/3172000
BEGINNING BALANCE
Ilnterest
10.00
I Expenses
10.00
ENDING BALANCE
IprinciPal
11,402.13
IExpenses
10.00
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
ITotal
11,466.00
BEGINNING BALANCE
: pl:RIO D:
ITotal
11,466.00
., "",,,.
12/01/2000 To 121.3112000
IPrincipal
11,402,13
I Expenses
10,00
ITotal
Iprincipal
Ilnterest
I Expenses
ENDING. BALANCE
11,488.41
11,402.13
1 86,Z8
10.00
I
PERIOD: 01/01/2001 To 0.1/31/2001
ITotal I Principal
11,488,41 11,402,13
I Interest
1 86,Z8
BEGINNING BALANCE
Transactions
I Amount
113.45
144,83
ITransaction Date
1 01l15/Z001
101/17/Z001
IType
I MatchPaySettlement
! InstallrMnt Payment
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
ITotal
11,472.50
BEGINNING BALANCE
I Principal
11,402.13
IInterest.
170,37
I Expenses
10,00
Transactions
IAmount
!24.00
!80_00
IType
1 Matchpay Settlement
1 Installment Payment
ENDING BALANCE
ITotal
11,389.60
I Principal
11,368.50
I Expenses
10.00.
04/30/2001..
Iprincipal .
11.368,50 .
BEGINNING BALANCE
ENDING BALANCE
ITotal
11,410.16
I Principal
11,368.50
I
PERIOD: 05/01/2001 To 05/31/2001
ITotal IprinciPal
BEGIN N.ING BALANCE
11,410.16
141.66
11,368.50
ENDING BALANCE
ITotal
11,431. 71 .
I Interest
163.22
BEGINNING BALANCE
06/01/2001 To 06/30/2001
.prinCiPal
11,368,50
IInterest
[63.22
ENDING BALANCE
I Interest
[ 84.40
Ul
10.00
I
I
IExpenses
[0.00.
BEGIN NING BALANCE
ENDING BALANCE
ITotal
[1,475.11
IInterest
[106.61
BEGINNING BALANCE
ENDING BALANCE
ITotal
[1,497.66
IInterest
1129.16
.principal
.111368.50
BEGINNING BALANCE
ENDING BALANCE
IInterest
1151.32
IPrincipal
11,368.50
BEGINNING BALANCE
ENDING BALANCE
PERIOD: 11/01/2001 To 11/30/2001
ITotal .principal
I Expenses
10.00
.BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
11,543,05
, 1,368.50
1174.55
10.00
ITotal
11,565.88
IExpenses
, 0.00
I Expenses
10.00
IprinCiPal
11,368.50
PERIOD;
ITotal
11,565,88
12/01/2001 To 12/31/2001
IprinCiPal
11,368.50
IExpenses
10,00
I Interest
1197,38
ITotal.
11,614.12
Iprincipal
! 1,368.50
I Interest
1245,63
BEGIN NING BALANCE
ENDING BALANCE
I
BEGINNING BALANCE
ENDING BALANCE
PERIOD: 05/01/2002 To 05/31/2002
ITotal . . IPri cipal
IExpenses
10.00
I Expenses
10.00
BEGIN N.ING BALANCE
11,686.01
11,368.50
1317.51
10,00
ENDING BALANCE
IprinCiPal
11,368.50
IInterest
1343.29
I Expenses
10.00
BEGINNING BALANCE
ENDING BALANCE
ITotal
11,737.11
IprinCiPal
11,368.50
IInterest
\368.61
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
ITotal
11,790.63
BEGINNING BALANCE
ENDING BALANCE
ITotal
11,817,12
I Expenses
10,00
BEGINNING BALANCE
PERIOD: 10/01/2002 To 10/31/2002
ENDING BALANCE
ITotal
11,844,90
IprinCiPal
11,368.50
I Interest
1476.40
I Expenses
10.00
I
. PERIOD; 11/01/2002 To 1 i/30/
ITotal I Principal
BEGINN.ING BALANCE
11,844.90
11,368.50
1476.40
10.00
BEGINNING BALANCE
IprinCIPal
\1,368.50
IInterest
1503.70
I Expenses
10,00
ENDING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
ses
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
I Expenses
10.00
BEGINNING BALANCE
. PERIOD: Q4/01/2003 T004/30/i003
ITotal .
11,986.43 .
ENDING BALANCE
ITotal
12,015,82
IprinCiPal
11,368.50
I Expenses
10,00
To 05/31/2003.
. BEGINNING BALANCE
ENDING BALANCE
12,015.82
11,368.50
ITotal
12,046.64
BEGINNING BALANCE
ENDING BALANCE
BEGIN NING BALANCE
ENDING BALANCE
PERIOD: 06/01/2003 To 06/3012003
ITotal IPrincipal
12,046.64 11,368.50
.. PERIOD: 07/01/2003 To 07/3112003.
.. IprinciPal.
11,368.50
1647.32
10,00
IInterest
1678.14
I Expenses
10,00
IInterest
1678.14
I Expenses
10,00
IInterest
1708.42
I Expenses
10.00
IInterest
1708.42
IExpenses
10.00
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
ITotal
12,172.58
IprinciPal
11,368,50
BEGINNING BALANCE
ENDING BALANCE
IInterest
1804.08
ITotal
12,205.79
IprinciPal
, 1,368.50
..... PERioD: 11/01/2003 To 11/30/2003
ITotal . . . . ".principal
IInterest
1837.29
I Expenses
10.00
IInterest
BEGINNING BALANCE
12,205.79
11,368.50
1837.29
ENDING BALANCE
ITotal
12,238.42
IprinclPal
11,368.50
I Interest
1869.93
PERIOD: 12/01/2003 TO 12/31/2003
BEGINNING BALANCE
12,238.42
10.00
I Expenses
10.00
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
ITotal
12,
Ilnterest
38_89
BEGINNING BALANCE
ENDING BALANCE
Ilnterest
1 971.89
IExpenses
10.00
BEGINNING BALANCE
ENDING BALANCE
PERIOD: 04/01/2004 To 04130/2004
BEGIN NING BALANCE
ENDING BALANCE
ITotal
12,411,32
I Principal
11,368.50
IInterest
11,042,82
PERIOD: 05/01/2004 To 05/31/2004
ITotal . I Principal
I Expenses
10,00
I Expenses
BEGINNING BALANCE
12,411.32
\ 1,368.50
11,042,82
10.00
ENDING BALANCE
IInterest
11,079.69
I Expenses
10.00
I
BEGINNING BALANCE
BEGINNING BALANCE
ENDING BALANCE
ENDING BALANCE
I Expenses
10.00
BEGINNING BALANCE
ENDING BALANCE
IInterest
r 1,192.45
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
I Legal Expenses
I Legal Expense Reversal
ENDING BALANCE
ITotal
\2,694.91
IprinCipal
11,368.50
I Interest
11,270.91
IExpenses
155.50
BEGINNING BALANCE
PERtOD1. 11/01/2004 To 11/30/200".
ITotal . . ..IPrinciPal.
12,694.91 11,368.50
ITotal
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
ITotal
121776,59
IInterest
11,352.59
I Expenses
155.50
BEGINNING BALANCE
PERIOD: 01/01/2005 .To oi/31/2005
incipal
IInterest
11,352.59
Transactions
IAmount
1100.00
ENDING BALANCE
Interest
,395.58
IExpenses
1155,50
BEGINNING BALANCE
. PERI.OD: 02/01/2005 To 02/28./2005
ITotal
12,919.58
ENDING BALANCE
ITotal
12,959,89
IExpenses
1155.50
BEGINNING BALANCE
',' ",'-' .. '''''' . -- .,
... PERIOD: 03/01/2005 To 03/31/2005
ITotal Iprincipal .
12,959.89 11,368,50
I Interest
11,435,90
I Expenses
1155.50
ITotal
I Principal
IInterest
I Expenses
ENDING BALANCE
13,005.14
11,368.50
11,481.15
1155.50
PERIO.D: 04/01./2005 To 04/30/2005
ITotal IprinCiPal
13,005.14 11,368.50
BEGIN NING BALANCE
Transactions
I Amount
159.42
IType
1 Legal Expense Reversal
ITransaction
I 04/02/2005
ENDING BALANCE
ITotal
12,989.33
Iprincipal
BEGINNING BALANCE
ENDING BALANCE
ITotal
13,035.03
IprinciPal
11,368.50
IInterest
11,570.46
BEGINNING BALANCE
ENDING BALANCE
terest
.PER.IODt 07/0112005 To 07/31/2005
ITotal .. ... Iprincipal
13,079.93 11,368.50
BEGINNING BALANCE
ENDING BALANCE
IPrinciPal
11,368.50
IInterest
11,662.44
IInterest
t 1,662.44
BEGINNING BALANCE
ENDING BALANCE
ITotal
13,174.82
IInterest
11,710.25
I Expenses
196.08
I Expenses
196.08
PERIOD: 09/01/2005 To 09/30/2005
BEGIN NING BALANCE
ENDING BALANCE
BEGIN NING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
ITotal
13,174.82
I Principal
11,368.50
IInterest
11,710.25
IExpenses
196.08
IInterest
11,757.22
, Expenses
196.08
ITotal
13,221.79
PE1UOD: 10/01/2005 To 10/31/2005
ITotal' "princiPal
13,221.79, 11,368.50
ITotal
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
I Expenses
196.08
PER~()p:01/01/2006 To 01/31/2006
ITotal' ' Iprincipal
13,370.19 11,368.50
I Interest
11,905.61
I Expenses
196.08
IInterest
11,957.13
, Expenses
196.08
'prinCiPal
11,368.50
ITotal
13,421.71
PERIOD: 02/01/2006 To 02/28/2006
ITotal I Principal
13,421.71 11,368.50
IInterest
11,957.13
ITotal
13,468.96
IPrinciPal
11,368.50
I Expenses
196.08
PERIOD: 03/01/2006 To 03/31/2006
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
ITotal
13,468.96
IprinCiPal
11,368.50
I Interest
12,004.38
I Expenses
196.08
PERIOD: 04/01/2006 To 04/30/2006
I Expenses
196.08
I Interest
12,109.52
I Expenses
196.08
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
BEGINNING BALANCE
ENDING BALANCE
I Interest
12,164.16
ITotal
13,682.42
I Expenses
196.08
ITotal
13,738.72
IInterest
12,274.14
I Expenses
196.08
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND
PENNSYLVANIA
NOTICE OF ORDER, DECREE OR JUDGMENT
Prothonotary-Rule236
Plaintiff( s)
Case Number 04-5490
CREDIGY RECEIVABLES INC.
2877 Paradise Road, Suite 303
Las Vegas, Nevada 89109
Vs
2005 - 03 -
Defendant(s)
STEPHEN SNYDER
802 BRIDGE ST APT 6
NEW CUMBERLAND, P A 17070-0000
TOO Plaintiff [!J 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
r::l D Non-Pros D Arbitration Award
~ Judgment in the amount of$ 4,8 127zt2 39/1- 11 . 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
~
qlJ.I/O~
If you have any questions concerning the above, please contact :
Name! Addresstrelephone Number of (AttomeylFilingParty )
Helene B. Raush, BarNo. 60140
P.O. Box 2629 Suwanee, GA 30024
(866) 990-9968