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HomeMy WebLinkAbout06-4851Helene B. Raush Attorney for Plaintiff 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 Petitioner, VS. WILLIAM H ANDRING, Respondent. COURT OF COMMONS PLEAS TRIAL DIVISION Civil Action No.: Q(, -'YQSl (2tuiC - ? Notice to File Answer to Petition to Confirm Arbitration Award as an Original Proceeding Notice to File Answer A party to these proceedings has filed a motion to confirm an arbitration award. If you oppose the motion, you are required to file an answer to the motion within thirty (30) days from the date of service setting forth your objections to the motion. If you fail to file an answer, a money judgment based on the arbitration award may be entered against you without fiuther notice. 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. Un partido a estos actos ha puesto una demanda para confumar la recompensa del arbitraje. Si usted se opone a este procedimento, usted es requerido a someter una respuesta al procedimiento dentro de treinta (30) dias desde la fecha indicada abajo para explicar sus objeciones al procedimento. Si usted falla a someter una respuesta, un juicio monetario basado en la demanda del arbitraj a puede ser sometido contra usted sin aviso previo. Usted puede perder dinero o propiedad o otros derechos importantes de usted. USTED LE DEBE LLEVAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED no TIENE a UN ABOGADO ni PUEDE PROPORCIONAR UNO, VAYA O LLAME A LA OFICINA MENCIONADA ABAJO PARA AVERIGUAR DONDE USTED PUEDE OBTENER AYUDA LEGAL. Lawyer Referral Service 32 South Bedford Street Carlisle Pennsylvania 17013 (717/)249-3166 Respectfully submitted this day of fiAl- 200,10 ,6-/ Helene B. Raush Bar No: 60140 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 Attorney for Plaintiff Bar No: 60140 Of Counsel to Stewart & Associates, P.C. P.O. Box 2629 Suwanee, GA. 30024 (866) 990-9968 phone (678) 684-4975 fax CREDIGY RECEIVABLES, INC., ) Petitioner, ) vs. ) WILLIAM H ANDRING, ) Respondent. ) CUMBERLAND COUNTY COURT OF COMMONS PLEAS TRIAL DIVISION Civil Action No.: 0 L - 4PS[ Arbitration Matter Motion to Confirm Arbitration Award as an Original Proceeding PETITION TO CONFIRM ARBITRATION AWARD (, 60 ? Petitioner CREDIGY RECEIVABLES, INC., by its counsel, Stewart & Associates, P.C., submits this Petition to Confirm the Arbitration Award entered in this cause of action, and in support thereof avers as follows: 1. The Petitioner, CREDIGY RECEIVABLES, INC., was and is, during all times mentioned in this Petition, a corporation organized and existing under the laws of the State of Nevada, with its principal place of business at 2877 Paradise Road, Suite 303, Las Vegas, Nevada 89109. 2. Respondent is a resident of the State of Pennsylvania, who, at all times relevant to this matter, resided or resides at 248 Creek Rd, Camp Hill, PA 170110000, located in Cumberland County. 3. Petitioner files this petition pursuant to Federal Arbitration Act, 9 U.S.C. §§ 1-16 ("FAA") then § 501(a) of the Uniform Arbitration Act, 42 Pa.C.S.A. & 7304( . 4. Petitioner is the owner of the closed consumer credit account originally requested by Respondent from MBNA ("Original Creditor") referenced by Original Creditor as account number 4313-0420-1131-6045 ("Account"). 5. The Respondent defaulted on the payment terms of his/her credit agreement with the Original Creditor. 6. The Original Creditor transferred and sold all of its right, title and interest in and to Respondent's Account to FIRST SELECT, INC. ("Prior Creditor"). The account number assigned to Respondent's Account by Prior Creditor was 4168-1000-2431-2322. 7. On December 27, 2002, Prior Creditor transferred and sold all of its right, title and interest in and to Respondent's Account to Petitioner. The Account is now referenced as account number 10202306. 8. All disputes and controversies between the parties were required by the contract to be settled by arbitration as evidenced in the Terms and Conditions. Because of the length of the contract, only the relevant portions have been attached to this Petition and marked as Exhibit "A". Respondent has a complete copy of the contract. 9. FIRST SELECT, INC. requires that the Agreement between the Parties follow the Original Creditor's guidelines as to the applicable law, as evidenced by the FIRST SELECT Legal Notice or Terms and Conditions attached hereto as Exhibit "B". 10. In order to resolve the dispute between the parties, a single arbitrator or a panel of arbitrators was appointed and held a hearing on August 25, 2005. 11. The Respondent defaulted on the payment terms of his/her credit agreement with the Original Creditor. Original Creditor or its assignee declared the Respondent in Default under the terms of the credit contract and commenced collection proceedings against the Respondent. 12. On August 25, 2005 the Respondent defaulted by failing to appear and the arbitrator found for the Petitioner and awarded the sum of $7775.7 to petitioner. A true and complete copy of the decision and award of the arbitrators is attached as Exhibit to this Petition and marked as Exhibit "C". 13. More than thirty days have passed since entry of the arbitrators' award, and respondent has taken no action to contest its validity. WHEREFORE, petitioner requests that this Court enter an Order confirming the arbitration award and that judgment be entered against respondent for the full amount of the award, plus interest, costs, and such other relief as the Court deems appropriate. Respectfully submitted this -+-- day of , 20 006 . Helene B. Raush Attorney for Plaintiff Bar No: 60140 Stewart & Associates, P.C. P.O. Box 2629 Suwanee, GA 30024 (866) 990-9968 phone (678) 684-4975 fax I EXHIBIT A F77CreiiE Ci2rd A;Fee)n__a General in this Credit Card Agreement, the words "you' and "your" reter to each and all of the persons who accept a credit card issued by us or under an account we hold. This Credit Card Agreement ithe "Agreement") consists of this document and the terns and conditions set forth in the Required Federal Disclosures section of the accompanying card carrier, which is incorporated herein and made a par hereof. The words, -we," "us: -our' and "MBNA America" mean MBNA America Bank, N.A. When you accept or use the account- you agree rozhe terms in this Agreement. You should sign your card before you use it. You consent to and authorize MBNA America, any of its affiliates, or its marketing associates to monitor andior record any of your telephone-conversations with out repre- sentatives or the representatives of any of those companies. All capitalized terms not defined herein shall have the meaning as defined in the Required Federal Disclosures section of youf card carrier. Information Gathering and Sharing From time to time, we may obtain updated Worm& tlon about you including, for example, credit informa- tion. we may share information about you with credlt reporting agencies and others, including merchants, and among companies affiliated with us. You may request that information about you not be shared among our affiliates, other than information pertaining solely to transactions or experiences between you and us (or an MBNA America affiliate), by writing us at M13MA. Affilixt information Sharing, P.O. Box 15342, Wilmington, DE 19850-5342. Please include your name, address, home phone number and all MBNA America account numbers. if you believe that inaccurate or incomplete information about you or your account has been shared by us with a "credit reporting agency, write to us at. MBNA, Credit Reporting Agencies, P.O. Box 19054, Wilmington, DE 19884-7054. Please include your name, address, home phone number, and account number, and explain which information you believe is inaccurate or incomplete. ,applicable notification requirements of ledwal law and the laws of the State of Delaware. If an amendment gives you the opportunity to reject the change, and if you reject the change in the manner provided in such amendment, we may terminate your right to receive credit and may ask you to return all credit devices as a condition of your rejec- tion. The amended Agreement {including any higher rate or other higher charges or tees! will apply to the entire unpaid balance. including the balance existing before the amendment became effective. We may replace your credit card with another card at any time. Assignment We may at any time, and without notice to you, assign your account, any sums due on your account, this Agreement or our rights or obligations under your account or this Agreement to any person or entity. The person or entity to whom we make any such assignment shall be entitled to all of our rights and/or obligations under this Agreement, to the extent assigned. Credit Limit Your credit limit is shown on your card carrier and gGfl- erally on each monthly statement. We may change your credit limit or limits from tune to time, and we will netifg you if we do. The total amount of credit outstanding at any time must not be more than your credit limit, We may also establish a separate credit limit for Cash Advances. If we do, your outstanding Cash Advance balance may not exceed this Cash Advance limit. Request for Credit Over Your Credit Limits if you request credit in any form which, jr granted, would result in either your total outstanding balance or your Cash Advance balance, including authorized transac- tions not yet posted to your account, being more than your credit limit or your Cash Advance credit limit, if we have established one for you, (whether or not such bal- ances before the request were more than the respective credit limit), we may: f 1) honor the request without per- manently raising your credit limit-, {21 honor the request and treat the amount which is more than your credit limit we may advise the person who mode the request that it has been refused. If we refuse to honor a Chedc Cash Advance or Balance Transfer. we may do so by advising the person presenting the Check Cash Advance or Balance Transfer that credit has been refused, that there are insufficient funds to pay the Check-Cash Advance or Balance Transfer. or in any other manner. if we have previously honored requests for credit over your credit limit, it does not mean that we will honor further overlimit requests. If we decide to honor such a request, we may assess an Overlimit Fee as provided in this Agreement. Unauthorized Use of Your Card Please notify us immediately of the loss, theft. or possible unauthorized use of your account at 1-800.789-6701. Governing Law This Agreement Is made in Delaware. It is governed by the laws of the State of Delaware, without regard to its conflict of laws principles, and by any applicable federal laws. if any part of this Agreement is found to be invalid, the rest remains effective. Our failure or delay in exer- cising any of our rights under this Agreement does not mean that we are unable to exercise those rights laces. Utigation The Arbitration provisions below apply to you unless you were given the opportunity to reject the Arbitration provisions and you did so reject them., in which case, you agree that any litigation brought by you against us regarding this account or this Agreement shall be brought in a court located in the State of Delaware. Arbitration: Any claim or dispute ("C)aim-) by either you or us against the other, or against the employees, agents or assigns of the other, arising from or relating in any way to this Agreement or any prior Agreement or your account (whether under a statute, in contract, tort, or otherwise and whether for money damages, penalties or declaratory or equitable relief), including Claims regarding the applicability of this Arbitration Section or the validity of the entire binding arbitration. The arbitration shall be conducted by the National Arbitration Forum ('NAF-), under the Code of Procedure in effect at the time the Claim is flied. Rules and forms of the National Arbitration Forum may be obtained and claims may be riled at any National Arbitration Forum office, www,arb-forum.com, or P.Q. Box 50191, Minneapolis, Minnesota 55405. telephone 1.800.47&2371. If the NAF is unable or unwilling to as as arbitrator, we may substitute another nationally recognized, indepen- dent arbitration organization that uses a similar code of procedure. At your written request, we will advance arty arbitration filing fee, administrative and hearing fees which you are required to pay to-pursue a Claim In arbi- tration. The arbitrator will decide who will be ultimately responsible for paying those fees. In no event will you be required to reimburse us for any arbitration filing. administrative or hearing fees in an amount greater than what your court costs would have been if the Claim had been resolved in a state court with jurisdiction. Any arbitration hearing at which you appear will take place within the federal ludicfal district that includes your billing address at the time the Claim.is filed. This arbfua- tion agreement is made pursuam to a transaction invo}v- fng interstate commerce, and shall begovemed by the Federal Arbitration Act, 9 U,S.C, §6.1-16 ('FAA"). ludgment. upon any arbitration award may be.antered in any court having jurisdiction. The arbitratorshallfollowexfsting. substantive law to-the extent. consistent with the FAA and applicable statutes of limitations and shall honor any claims or privilege recognized by law. If any party requests. the arbitrator shall unite an opinion containing the reasons for the award. No Claim submitted to arbitration rs heard bi7a jury and no Claim may be brought as a class action or as a private attorney general. You do not have the right to act as.a class representative or participate•as.a member of a class of claimants with respect to any Claim. This Arbitration Section applies to ail Claims now-in existence or that may arise In-the future. This Arbitration Section shall survive the termination of your account with us as well as. any voluntary pay- ment of the debt m Full by you, any bankruptcy bYVOU or sale of the debt by us. For the purposes of this Arbitration Section, W uld 'us" means MBNA America Bank N,&-. Its parem, sub. sidiaries, affiliates, licensees, predecessors, successom assigns. and any purchaser of your account, and all of theft' officers, directors, employees, agents and assigns or any and all of them. Additionally, -we' or 'us' shall mean any third party providing benefits, services, or products in connection with the account (including but not limited to credit bureaus, merchants that accept any Credit device issued under the account. rewards or enrollment services, credit insurance companies, debt collectors and all of their officers, directors, employees and agents) if, and only if, such a third patty is named by you as a co-defendant in any Claim you assert against us. Also, for the purposes of this Arbitration Section, 'you- or 'yours".shall mean any person or entity approved by us to use the Account, including but not limited to all per- sons or entities contractually obligated on the Account and ail authorized users of the account. If any part of this Arbitration Section Is found to be invalid. or unenforceable under any law or statute consis- tent with the FAA, the remainder of this Arbitration section shall be enforceable without regard to such invalidity or unenforceability. THE RESULT OF THIS ARBITRATION AGREEMENT IS THAT, EXCEPT AS PROVIDED ABOVE, CLAIMS CAN- NOT BE LITIGATED IN COURT, INCLUDING SOME CLAIMS THAT COULD HAVE BEEN TRIED BEFORE A JURY, AS CLASS ACTIONS OR AS PRIVATE ATTORNEY GENERAL ACTIONS. Platinum Plus Coverage Credit insurance Beneffits, Limitations, Costs & Exclusions platinum Plus Coveraee pays your minimum monthly payment- up to your balance on the date of loss (not to exceed S) 3,000), until you return to work" if you are involuntarily unemployed, wrally disabled, or if you or your spouse takes covered family leave. Platinum Plus Coverage also cat's your insured outstanding balance up to the least of your outstanding balance, your credit limit. or SI 5,000 if you die. EXHIBIT B FIRST SELECT IMPORTANT LEGAL NOTICE Federal law gives ym 30 days afteryou move this leas to dispute the validity of the debt or my pat of it If you do nor dispute the validity of the debt or any an of it wiWmthat period we will ammene this the debt is valid. If you dispute the debt wary pm o`t in writing by mailing u a notice to to effect on or before the 30a day following the dateym moved this letter-we will obtain and mail W You proof (verification) of debt And. ifwithin the same period you request in writing, the come mid adding of the original creditor (If different from the commit ueaiur). We will f rnishyou with that information too Ifwe do move atimely written notice all efforts to collect this debt will be suspended until we mail arty required information to you. The purpose of this communication is to collect a debt; any Information obtained will be used for collecting the debt. ACCOUNT AGREEMENT Your MMZ& eccantko been transferred to Fiat Select Corporation. Your MBNA account war closed at the time of this Trmafer and will therefore tontine W be closed This Account Agreement contains the alma thatgovan your First select acmua(the "Accomr). in No Agneement'yoti and'ymf' mean inch persm who is liable for payment on The Account. "We" "or" and'u,"inemr First Select Compontim or its mignaea Beane your Account has berm transferred to us, you we now obligated to repay the Account to us instead of MENA. If the Account was opened as ajoint ucouo, we may act on the mahucharu of arty joint accaintholder. Pgmmta/binma Charges: As Im$ as You how, a balance outstaxting on your Account, fuance chagaarc calculated at follews. To figure the finance charges fm each billing cycle, we multiply the sverai e daily bl =periodic cwe.Ttued;t,, Paiodicrdewe apPiy isYOm Accounu Aanual aitage Rae divsded 36'5 TheAmma1 Percentage Itatewill be cohabited am disclosed my" most recmtAMA account tem (the"Original Tomas'), Ifyor Orignsi Ter aprovided £ordi fercet Annual PercentageRak to be applied to dificiod continuants ofymr outstanding balance, we will apply the 1~ such Armual Percentage Rate on your entire outstanding balance We in" accept ate a partial payments, or payments narked "paid in full' or marked with otherrnlrictions, without losing au right m collect all amounts owing under this Agreement You may ask First Select Corporation to pay your Account by debiting your checking a savings account You may revoke Your otharization by writing to First Select Customer Soria. Fan: We will Charge Yom Account a fee fm each billing cycle within which you Aceousd is delinquent (Late chase). The anaimt tithe lobe cheallewill be as disclosedin ymr Original Terms a themaidmum late chargepcmdttedby the law ofyou state ofrnidmce. whichever is lower. We will chageyour Account a fee for each rammed payment check (returned check change). The amount of the remained lack chagewill be as disclosed in you Original Temm, or themaxonoanreturned check charge Permitted by the law or you dote of residence, whichever is lower. Tothec dadprovided in your Original Terror and w the nrout permitted by applicable low, in addition toyour obligations to pay the oonandng balance m your Account, plus interest and fees in disclosed herein, we may also charge you for any collection coda we me r, including but not limited in reasonable ammy's fen and court costa. Ifyou Original Tema provided for an . award of atmney's fees and taut coma, such provision eanarymated helm shill apply reciprocally in Ne prevailing party in any lawsuit wising out of this Agreement Non-Walver ofCelb nRights: We may delay or waive of any provision of this Ageemmt without losing out right to enforce it carry oho provision four. Applicable Law. Severabli ty, Aesignmant: Nomana whesym live, this Agreemml and your Account we governed by federal law, and by the law of the were designated was fed appliableaw myour Original terms. Ifyour Original Tana didna cocain an applicable law.provisim, than this Agreement and your Account areBwerrad by federal law and the law of9na state ofrtgideme This Agreement is a final expression ofthe agreement between ym and maul may no be cmdndcted by evident ofary alleged oral agreement. Ifa provision of this Agrcanent is held to be invalid or unmfmceable, you and we will consider fast provision modified to conform to applicable law, and the rat of the provision in the Agreement will still be enforceable We may transfer or assign err Tight to all or sane ofymrpyinma. If star law requires that you receive notice of much and event to protect the puuchua or the assignee, we may give you inch notice by filing a financing marmmmt with the stax's Secretary of Sum Customer Service: For general questions regarding your Find Select secoont. please caller WII-het service rumba, 1.888474-1000. For quality assurance pwpoom and to improve mummer service and geenrtty, telephone calls. W.or limn our offices may be monitored or recorded. CreditReparN(g: If your fail to fulfill the erns ofyour credit obligation, a negativeaedd report renecting on your weft record may, be submitted to a credit reporting agency. in order to disPdeMY information we are mpotag. about your Account you=at writeteus at thefollowing 'address: First Select Corporation, PA. Box 9104, Plwudmn,California 94566. Sharing lnrumnau: Werra since mitimistion won without I' - tan'dusabliumnt 9ins+ndProvidumall However, vat msawrite to us a am :tire anstruc' ioh &M annwith YOUR HILUNG RIGHTS-KEEP TIMS NOTICE FOR FUTURE USE This nwicecontains orportad information abonymr rights mud om responsibilities under the Fair Credit Billing Act Notly Us in Came of Errors W Qontiem about your BII( Ifym thin: your bill is wrong or ifyou need more information abort an may on yourbill writem, on a separate *,set, at the fdlnwiigaddre a: First Seled Computation, P.O. Box 9104, Pleasanton, Calif r a 945616. Write or es atom u possible Wenruatheafimymnolaw#mn60day afterwemeoymgefnst bin on waachthemor mprabamappeaed Ym cm tebphme m, but doing so will not preserve us t ejg)u. In the letter, give ire the following: -Your name and Account number. -The dollar amount of the suspected era. -A desorption of the nor and an aph w im, if pamhle, of why you believe there is and samr. Ifym need more information. describe the item you arc not mmabout. Yom Rights and Orr Responsibilities Asa We Recdw Yom written Notice We must acknowledge your lara within 30 days, unless we have cm Wted the eaor by down. Within 90 drys, we mot ether correct the ern or explain why we believe the bill was coned. After wereadveyour letter, we maim ay W collet or report you as delinquent u to any mmutyen question,. including finance charges. we can apply any unpaid amoun[ against your credit line. You do not ban to payany questioned mint while we are investigators boyon are still obligated to pay the parts one bill ft are no in question. If we find that we have made amistake on your bill, you will no have to pry mty finance chase related to any questioned amount If we did not make amistake; you may have to pay finance charges. and you will have to make up tin missed payments on the questioned anmnt In either case, we will send Yo a satanum of the mantyou owe and flit tae that it is due Ifym fail to pay the amount weNOdkym name. we may report ymn delinquent However. if cur explanation don no satisfy you and you write to us within 10 days telling us thatym still refuse to pay, we must tell anyone we report You To that you question your bill AM we mast tell You the name of my" we reported you to. We now tell anyone we report you to that the rmemeirhas bent settled between no when it finally is. if we do notfolowthese mles, we canna collect the floor $50 tithe questioned amount teen fyourbill was correct. Special Rule for Credit Cad Purchases Ifyonhave a problem with the quality of goods and services Nuymm purchased with your MBNAcredit card and Yost have tried ngood &iN W comm: the problem with themerchan,You may not have to pay the remaining amount due on the goods or services. Thee are two limitations to this right (a) you rant have madethepmhm my= borne mate a, if not within your home ease,. within 100 miles ofyow current maiingaddnes: and (b) the paehase price most here been more than $SQ Theme limitations do nos apply if either we or MENA own or operate the merchant, or we aMBNA mailed you the advertisement for the property or services. NATIONAL ARBITRATION FORUM" William H Andring 248 Creek Rd Camp Hill, PA 17011-0000 'k- IA C EXHIBIT. August 25, 2005 Credigy Receivables, Inc. c/o Stewart & Associates, P.C., Attorneys at Law Chuck Deloatche, Esq. 3950 Johns Creek Court Suite 100 Suwanee, GA 30024 RE: Credigy Receivables, Inc. v William H Andring File Number: FA0506000500354 Claimant Reference Number: 10202306 Dear Parties: Enclosed and served upon you by United States Mail is a copy of the Award, which has been entered in this matter. This case is now closed with the National Arbitration Forum. All future inquiries regarding this case should be directed to the opposing Party. Sincerely, Johnson Case Coordinator Enclosure P.O. Box 50191 Minneapolis USA 55405-0191 w ..arbitrstion-/oram.com 800.474.2371 952.516.6400 Fm 952.345.1160 f Credigy Receivables, Inc. c/o Stewart & Associates, P.C., Attorneys at Law 3950 Johns Creek Court Suite 100 Suwanee, GA 30024 41A NATIONAL ARBITRATION FORUM CLAIMANT(s), AWARD EXHIBIT c RE: Credigy Receivables, Inc. v William H Andring File Number: FA0506000500354 Claimant File Number: 4168100024312322 William H Andring 248 Creek Rd Camp Hill, PA 17011-0000 RESPONDENT(s). The undersigned Arbitrator in this case FINDS 1. That no known conflict of interest exists. 2. That on or before 06/17/2005 the Parties entered into an agreement providing that this matter shall be resolved through binding arbitration in accordance with the Forum Code of Procedure. 3. That the Claimant has filed a Claim with the Forum and served it on the Respondent in accordance with Rule 6 4. That the matter has proceeded in accord with the applicable Forum Code of Procedure. 5. The Parties have had the opportunity to present all evidence and information to the Arbitrator. 6. That the Arbitrator has reviewed all evidence and information submitted in this case. 7. That the information and evidence submitted supports the issuance of an Award as stated. Therefore, the Arbitrator ISSUES: An Award in favor of the Claimant, for a total amount of $7,775.70. Entered and Affirmed in the State of Pennsylvania E. raid Donnelly, Esq. Arbitrator Date: 08/25/2005 ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly and the Forum hereby certifies that a co 0.hi?ly was sent by first class mail pos e p 'd to P ies at the above referenced a entatives, on 10 a Sit C- Honorable Harold Kobna, Ret. Director VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.CS § 4904 relating to unworn falsification to authorities, that he/she, Amanda Sandage, is duly authorized to execute this affidavit on behalf of the Plaintiff, CREDIGY RECEIVABLES INC. The Affiant has reviewed the business records of the Plaintiff, as pertaining to Respondent WILLIAM H ANDRING, kept in the normal course of business and the facts set forth in the foregoing Petition are true and correct based on information and belief. CREDIGY RECEIVABLES, INC., BY: Date: ?/ A AFFIANT c> rn ro -DC \ \ p r- - Gm tv d ?J CREDIGY RECEIVABLES INC., IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vii. PETITION TO CONFIRM ARBITRATION AWARD WILLIAM H. ANDRING, Respondent No. 06-4851 CIVIL TERM NOTICE TO PLEAD To: Credigy Receivables, Inc. You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. WILLIAM H. ANDRING Respondent 248 Creek Road Camp Hill, PA 17011 y CREDIGY RECEIVABLES INC., IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA V. PETITION TO CONFIRM ARBITRATION AWARD WILLIAM H. ANDRING, Respondent No. 06-4851 CIVIL TERM RESPONDENT'S ANSWER TO PETITION 1. Admitted 2. Admitted 3. Denied. Respondent is without sufficient knowledge or information to form a belief as to the truth of these allegations. To the extent an answer is required, the allegations are denied, and specific proof thereof is hereby demanded. 4. Denied. Respondent is without sufficient knowledge or information to form a belief as to the truth of these allegations. To the extent an answer is required, the allegations are denied, and specific proof thereof is hereby demanded. 5. Denied. Respondent is without sufficient knowledge or information to form a belief as to the truth of these allegations. To the extent an answer is required, the allegations are denied, and specific proof thereof is hereby demanded. 6. Denied. Respondent is without sufficient knowledge or information to form a belief as to the truth of these allegations. To the extent an answer is required, the allegations are denied, and specific proof thereof is hereby demanded. 7. Denied. Respondent is without sufficient knowledge or information to form a belief as to the truth of these allegations. To the extent an answer is required, the allegations are denied, and specific proof thereof is hereby demanded. 8. Denied. Respondent does not have a copy of any contract, complete or otherwise, at issue in this matter. Respondent is without sufficient knowledge or information to form a belief as to the truth of the remaining allegations. To the extent an answer is required, the allegations are denied, and specific proof thereof is hereby demanded. 9. Denied. Respondent is without sufficient knowledge or information to form a belief as to the truth of these allegations. To the extent an answer is required, the allegations are denied, and specific proof thereof is hereby demanded. 10. Denied. Respondent never participated in the appointment of any arbitrators, and no hearing was ever held. 11. Denied. Respondent is without sufficient knowledge or information to form a belief as to the truth of these allegations. To the extent an answer is required, the allegations are denied, and specific proof thereof is hereby demanded. 12. Denied. Respondent has never defaulted in any proceeding, has never failed to appear, has never received any notice of any hearing, and has never participated in any hearing or proceeding. Respondent is without sufficient knowledge or information to form a belief as to the truth of the remaining allegations. To the extent an answer is required, the allegations are denied, and specific proof thereof is hereby demanded. 13. Denied. Respondent is without sufficient knowledge or information to form a belief as to the truth of these allegations. To the extent an answer is required, the allegations are denied, and specific proof thereof is hereby demanded. NEW MATTER 14. Respondent has never attended a hearing before an arbitrator, or been notified of any hearing before an arbitrator. 15. Respondent has never signed a writing agreeing to submit any claim to an arbitrator after a claim was filed with an arbitrator. 16. An arbitration award has never been entered following a court order or docket entry staying proceedings pending arbitration. WHEREFORE, Respondent respectfully requests that the Petition be dismissed. Respectfully submitted, William H. Andring Respondent 248 Creek Road Camp Hill, PA 17011 viii. WILLIAM H. ANDRING, Respondent PETITION TO CONFIRM ARBITRATION AWARD No. 06-4851 CIVIL TERM VERIFICATION I, William H. Andring, hereby verify that the statements in the attached document CREDIGY RECEIVABLES INC., IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA are true and correct, to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. rWILLIAM H. ANf /DRING R 41 CREDIGY RECEIVABLES INC., IN THE COURT OF COMMON PLEAS Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vi. PETITION TO CONFIRM ARBITRATION AWARD WILLIAM H. ANDRING, Respondent No. 06-4851 CIVIL TERM CERTIFICATE OF SERVICE I, William H. Andring, Esq., hereby certify that on this, the 26th day of October, 2006, I served a copy of the attached document by causing it to be deposited in the United States Mdil, first class postage prepaid, addressed as follows: Helene B. Raush Stewart & Associates, P.C. P.O. Box 2629 Suwanee, GA 30024 t William H.,&ndring Respondent teJ -?,r?; - CD _ r ,n SHERIFF'S RETURN - REGULAR CASE NO: 2006-04851 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CREDIGY RECEIVABLES INC VS ANDRING WILLIAM H KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE the ANDRING WILLIAM H was served upon RESPONDANT at 1939:00 HOURS, on the 12th day of October , 2006 at 248 CREEK ROAD CAMP HILL, PA 17011 WILLIAM ANDRING a true and attested copy of NOTICE PETITION TO CONFIRM ARBITRATION AWARD together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 13.20.' Affidavit.00.x'- Surcharge 10.00 R. Thomas Kline .00 41.20? 10/13/2006 /011110E 4, STEWART & ASSOCIATES Sworn and Subscibed to By: /Z/?/ ',?/ J before me this day D u er ff of A.D. by handing to Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 0a -qS 5 I CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573