HomeMy WebLinkAbout05-5616
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.
Jill F Sandifer,
Defendant.
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CUMBERLAND COUNTY
COURT OF COMMON PLEAS
TRIAL DIVISION
Civil Action No.: OS- - Sf." I b
CL;L'J-~
Arbitration Matter
Assessment of Damages Hearing
Not Required
NOTICE TO DEFEND
To: Jill F Sandifer
114 Timber Ln
Shippensburg, P A 17257-9538
You have beeu sued iu Court. If you wish to defend against the claims set forth in the following
pages, you must take action within twenty (20) days after this Complaint and notice are served by
entering a written appearance personally or by attorney and filing in writing with the court your
defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the
case may proceed without you and a judgment may be entered against you by the court without
further notice for any money claimed in the complaint or for any other claim or relief requested by the
Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
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) dias
despues que esta Queja y la nota son servidas entrando una apariencia escrita personalmente
o par abogado y clasificaci6n a escribir con el tribunal sus defnsas 0 las objecciones a los
reclamos exponen contra usted. U sted es advertido que si usted falla de hacer asi, el caso
puede avanzar sin usted y un juicio puede ser entrado contra usted por el tribual sin sota
adicional para cualquier dinero reclamado en la queja 0 para cualquier otro reclamo 0 el
alivio solicitados por el Demandante. Usted puede perder dinero 0 propiedad u otros
derechos importantes a usted.
USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDlATAMENTE. 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. Lawyer Referral
Service, 4th Floor, Cumberland County Courthouse, Carlisle, PA 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
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.
Jill F Sandifer,
Defendant.
)
)
)
)
)
)
)
)
)
)
)
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
TRIAL DIVISION
Civil Action No.: or - .S~/fr
CwLI&2-~
Arbitration Matter
Assessment of Damages Hearing
Not Required
COMPLAINT
The Plaintiff asserts the following cause of action against the Defendant:
I. That Credigy Receivables Inc., Plaintiff, is a corporation org,mized and existing under
the laws of the State of Nevada, having its principal place of business located at 2877
Paradise Road, Suite 303, Las Vegas, Nevada 89109.
2. That Jill F Sandifer, Defendant, resides at 114 Timber Ln, Shippensburg, Pennsylvania
17257-9538 located in Cumberland County.
3. Defendant accepted an extension of credit from Fleet Bank (hereinafter the "Original
Creditor") on a credit card Account, specifically Account Number 5491000024772415.
4. The Original Creditor thereafter assigned all rights in and to the Account to First Select,
Inc. (hereinafter the "Prior Creditor"), which Account was thereafter referenced by the
Prior Creditor as Account Number 4168100023747056. An exemplary copy of the
Terms and Conditions issued by the Prior Creditor referencing and incorporating the
Terms and Conditions governing the Account issued by the Original Creditor is
attached hereto as Exhibit "A" and is incorporated herein by reference.
5. The Terms and Conditions governing the Account required Defendant to pay promptly
all charges on the Account, together with all accrued interest and fees pursuant thereto.
6. In the event Defendant's Account was referred for collection, the Terms and Conditions
governing the Account provide that Defendant shall pay all reasonable costs of
collection, including reasonable attorney's fees.
7. Defendant accepted and used the credit card provided by the Original Creditor.
8. Both the Original Creditor and the Prior Creditor rendered monthly statements of
charges to Defendant.
9. Both the Original Creditor and the Prior Creditor made written demand on Defendant
for the balance due and owing on the Account separate and apart from their respective
statements rendered to Defendant.
10. The Defendant failed and refused to pay both the Original Creditor and the Prior
Creditor.
II. The Prior Creditor duly assigned and transferred to Plaintiff all of its right, title and
interest in and to Account Number 4168100023747056.
12. Plaintiff became, and remains, the holder and owner of the Account now referenced as
Account Number 10194213, and the successor in interest to the Terms and Conditions
relating thereto, as evidenced by the Officer's Certificate attached hereto and
incorporated herein as Exhibit "B," attesting to the sale of the Account to Plaintiff.
COUNT I
(Breach of Contract)
13. The allegations contained in paragraphs 1 through 12 of the Complaint are incorporated
by reference herein.
14. Plaintiff has performed all conditions precedent to be performed by Plaintiff m
accordance with its obligations.
15. Defendant has not paid the outstanding amount of the credit extended to Defendant on
the Account.
16. As a result of the Defendant's failure and refusal to pay the balance due on the Account,
the Plaintiff is entitled to a judgment against the Defendant in the amount of$12,328.80
as stated in the Affidavit of Account (the "Statement") attached hereto and incorporated
herein as Exhibit "C." together with accruing interest, costs and fees, and reasonable
attorneys' fees.
COUNT II
(Quantum Meruit or Implied Contract)
17. The allegations contained in paragraphs I through 16 of the Complaint are incorporated
herein by reference.
18. Subject to the Terms and Conditions agreed to and accepted by Defendant for
Defendant's use and benefit, the Original Creditor extended credit to the Defendant on
the Account.
19. By and as a result of Defendant's acceptance and use of the credit card Account,
Defendant incurred a balance on the Account.
20. Plaintiff has a reasonable expectation to be fully paid by the Defendant for the balance
due and owing on the Account.
21. The Defendant incurred said balance on the Account with knowledge or reason to know
that the Account Owner and any successor thereto expected to be fully paid for said
balance, together with interest.
22. The Plaintiff has made demand on the Defendant to fully pay the Plaintiff the balance
due on the Account.
23. The Defendant has failed to pay the balance due on the Account.
24. Plaintiff is therefore entitled to recover from the Defendant in quantum meruit andlor on
the basis of implied contract the sum of credit extended on the Account, plus accruing
interest, fees, and costs of collection, together with the reasonable attorneys' fees
incurred in connection with the collection actions necessitated by Defendant's failure to
pay.
WHEREFORE, the Plaintiff respectfully requests that the Court award the following relief:
1. Enter a judgment in favor of the Plaintiff and against the Defendant in the amount of
$ I 2,328.80 for breach of contract plus accrued interest;
2. In the alternative, enter a judgment in favor of the Plaintiff and against the Defendant
in the amount of $12,328.80 in quantum meruit, or on implied contract plus accrued
interest;
3. Tax the costs ofthis action against the Defendant;
4. Award to the Plaintiff its reasonable attorneys' fees, costs and expenses incurred in
prosecuting this action; and
5. Grant such other and further relief in favor of the Plaintiff as the Court deems just and
appropriate.
Respectfully submitted this ;) # day of Dc!
, 200s- -'
4iJty ~, ~tdL~
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 Plaintiff's
Complaint are true and correct to the best of my knowledge, information and belief.
I understand that the statements in this verification are made subject to the penalties of 18
Pa.CS ~ 4904 relating to unsworn falsification to authorities.
CREDIGY RECEIVABLES INe.
BY:
~d ~r-
AFFIANT
L_
EXHIBIT A
FIRST SELECT
CORPORATION
ACCOUNT AGREEMENT
Your FLEET BANK account has been transterred to First Select Corporation Your FLEET BANK account was closed at th,~ time of this transfer and will therefore continue
to be closed. This Account Agreement contains the terms that govern your First Select account (the "Account"). In this Agreement "you" and ''your'' mean each person who is
liable for payment on the Account "We" "our" and "us" mean First Select Corporation or its assignees. Because your Account has been transferred to us, you are now
obligated to repay the Account to lIS instead of FLEET BANK. [fthe Account was opened as ajoint account, we may act on the instructions of any joint account holder
PalmentslFinllnce Charge.~: As long as you huve a balance outstanding on your Account, tlnance 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 FLEET BANK account term (the "Original Tenns"). If your Original
Terms provided for different Annual Percentage Ratc 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 fu1l" 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 to First
Select Customer Service.
Fees: We will charge your Account a fee tor each billing cycle within which your Account is delinquent (late charge), The amount of the late charge will be as disclosed in
your Original Tenns or the maximum latc charge permitted by the law of your state of residence, whichever is lower
We will charge your Account a fee for e<lch returned payment check (returned check c1mrge), 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 Terms 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 11erein, \ve may also charge you l'Or any collection costs we incur, including but not limited to reasonable attorney's fees and court costs If
your Original Tenns provided for an a\vard of attorney's Ices 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 \vilive enforcement of any provision of this Agreement viithout losing our right to enforce it or any other provision later
Applicable Law, Severability, Assignment: No matter y.,'here you live, this Agreement and your Account are governed by federal law and by the law of the slate designated
as the applicable law in your Original tenns, IfYOllr Original Terms did not contain an applicablc law provision, then this Agreement and your Account are governed by
federal law and the law of your state ofresidcncc 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 oflhis Agreemt;'nt is held to be invalid or unenf'Orceable, you and we will consider that provision modified to conform to applicable la\v,
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 thc purchaser or the assignee, we may give YOll 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, tclcphol1t;' calls to or from our offices may he monitored or recorded
Credit Reporting: If your fail to fulfill the tenns of your credit oblig<ltion, a negative credit report rclkcting on your credit record may be submitted to a credit reporting
agency. In order to dispute any information we are reporting about your Account, you must write to us at the following address: First Select Corporation, P,O Box 91 04,
Pleasanton, California 94566.
Sharing Information: We mav share information with our affiliates inc1udine: without limitation. Providian National Bank and Providian Bank, However vou may ""Tite to
us at anv time instructine: us not to share credit inlormation with our atriliates
YOUR BILLING RIGHTS-KEEP THIS NOTICE FOR FllTURE USE
This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act
i\'otify Us in Case of Errors or Questions about Your Bill
If you think YOllr bill is wrong or if you nced more intormation about an entry on your bill write us. on a separate sheet at the f'Ollowing address: First Select Corporation, P.O
Box 9104, Pleasanton, Calif'Ornia 94566. Write us as SOOI1 as possible, We mllst 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 LIS, but doing so will not preserve your rights.
In the letter, give us the f'Ollowing
-Your name and Account number
-The dollar amount ofthe suspected error
-A description of the error and an explanation, if possible, of why you believe th(;re is and error. If you need more information, describe the item you are not sure about
Your Rights and Our Responsibilities After \\'e Receive Your Written Notice
We must acknowledge your letter within 30 days. unless \ve have corrected the error b:y 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 wIlde Vie are investigating, but you are still obligated to pay the parts of the bill that are
not in questIon
Ifwe find that we have made a mistake on your hill, YOll 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. If you fail to pay the amount we think you owe, we may report you as delinquent However, if our I~xplanation 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
YOll to. We must tell anyone we report you to that the matter has been settled between us \vhen it finally is Ifwe 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
IfYOLI have a problem with the quality of goods and services that you purchased with your FLEET BANK credit card and yOll have tried in good faith to correct the problem
with the merchant, you may not have to pay the remaining amount due on the goods or services, There arc 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 if either we or FLEET BANK o\vn or operate the merchant, or we or FI.EET BANK mailed you the advertisement f'Or 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 4168100023747056
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 INe.
BY: AFfr~i~L ,1.",7
Sworn to and subscribed before me this / I
day of PI".I , ,1/Ui .
m./td<im VJb~
NOTARYP L1C
MY COMMISSION EXPIRES:
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REV. 01-28.00
Bill of Sale
First Select, IIlC., for value received and in accordance with the terms of the Purchase and
Sale Agreement between First Select, Inc. and Credigy Receivables Inc. ("PURCHASER"),
dated as of December ;n., 2002 (the "Agreement''), does hereby sell, assign and transfer to
PURCHASER, its successors and assigns, all right, title and interest in and to the Acquired
Assets, williout recourse and without representation OT warranty, including without limitation
:r~lating to collectibilitv. ex cent to tbe eAient of any representations or warranties expressly stated
in the Agreement.
Executed all 'Dee.. 3.0 I ;;.00 ~
FIRST SELECT, INC. f
P\r!-""BY~'A t... (d-{UMA~
Pri Name.)"" I'.~'" SOV-V\d..e..r.s.
Title
.
EXHIBIT C
Affidavit in Proof of Claim and Non-Military Service
BEFORE ME, the undersigned authority, this date personally appeared Affiant
who, being first duly sworn, deposes and says:
1. That Affiant is an officer for the Plaintiff in the above-styled action.
2. That the Affiant is familiar with the above-styled cause and states that
Affiant has reviewed the business records ofthe Plaintiff kept in the
normal course of business and makes this statement on personal
knowledge.
3. Defendant(s) owes Plaintiff a principal sum of $12,328.80, plus interest on
account number 10194213.
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 AFFIANT SA YETH NAUGHT.
4Ht~ !L_j~
AFFIANT 7
Sworn to and subscribed before me this /1
dayof /J(lyG
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2005-05616 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
CREDIGY RECEIVABLES INC
VS
SANDIFER JILL F
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
SANDIFER JILL F
but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT & NOTICE
, NOT FOUND , as to
the within named DEFENDANT
, SANDIFER JILL F
114 TIMBER LANE
SHIPPENSBURG, PA 17257-9538
DEFENDANT LIVES IN FRANKLIN COUNTY.
HER ADDRESS IS 2220 LINDSAY LOT ROAD SHIPPENSBURG
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
Postage
So answers: ?
18.00
19.20
5.00
10.00
.37
52.57
.:;:;:;::;--,~._"..
-..--.. ....,...,~--"~ ~..:..-.....- '-C.'
R. Thomas Kline
Sheriff of Cumberland County
STEWART & ASSOCIATES
11/15/2005
Sworn and subscribed to before me
this
/8 II-
day of (vOJt.MW
Qab (~
Pro~ono~ j1
.
,
IN THE OF COMMON PLEAS COURT IN AND
FOR CUMBERLAND COUNTY, PENNSYLVANIA
CREDIGY RECEIVABLES INC.,
CASE NO. 055616
COURT TERM: 2005-10
Plaintiff,
vs.
JILL F SANDIFER,
Defendant.
PRAECIPE TO DISCONTINUE WITHOUT PREJUDICE
COMES NOW Plaintiff, CREDIGY RECEIVABLES INC., and herewith
discontinues the above styled action against Defendant, JILL F SANDIFER, without
prejudice and herein requests the Prothonotary to mark said case as discontinued upon the
record.
On February 27, 2006
~~ I),PiwIJ
Helene B. Raush, Esquire
PABarNo; 60140
Attorney for Plaintiff
Helene B. Raush, Esquire
Attorney for Plaintiff
Stewart & Associates, p,c.
P,O. Box 2629
Suwanee, GA 30024
(866) 990-9968
(678) 684-4975 (fax)
.1 .
IN THE OF COMMON PLEAS COURT IN AND
FOR CUMBERLAND COUNTY, PENNSYLVANIA
CREDIGY RECEIVABLES INC.,
CASE NO. 055616
COURT TERM: 2005-10/28/2005
12:00:00 AM
Plaintiff,
vs,
JILL F SANDIFER,
Defendant.
CERTIFICATE OF SERVICE
This is to certify that I have this day served the opposing party (through counsel if
represented) with a copy of Praecipe to Discontinue Without Prejudice by depositing in the
United States Mail with a copy of same in a properly addressed envelope with adequate
postage to;
JILL F SANDIFER
114 Timber Ln
Shippensburg, PA, 17257-9538
On this q 1!1
day of f/larJ.,
2001"
,~
dJk~~
Helene B. Raush, Esq,
PABarNo: 60140
Attorney for Plaintiff
Helene B. Raush, Esquire
Attorney for Plaintiff
Stewart & Associates, p,c.
P,O. Box 2629
Suwanee, GA 30024
(866) 990-9968
(678) 684-4975 (fax)