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HomeMy WebLinkAbout06-4852Helene 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., Petitioner, VS. SHAD D MCCONNELL, Respondent. CUMBERLAND COUNTY COUNTY COURT OF COMMONS PLEAS TRIAL DIVISION Civil Action No.: 0 ` --'1PS °"- (? J-W l,?n 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 further 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 confirmar 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 arbitraje 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 1 - day of by- 2004 . 0 =? b, Helene B. Raush Bar No: 60140 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT This communication is fmm a debt collector. This is an attempt to maect 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., ) CUMBERLAND COUNTY COUNTY COURT OF COMMONS PLEAS Petitioner, VS. SHAD D MCCONNELL, Respondent. TRIAL DIVISION Civil Action No.: "- 44OSS;t, C',.z C -7? PvA Arbitration Matter Motion to Confirm Arbitration Award as an Original Proceeding PETITION TO CONFIRM ARBITRATION AWARD 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: 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 53 Sample Bridge Rd, Mechanicsburg, PA 170500000, located in Cumberland County County. 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(a). 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 4264-2990-6946-9188 ("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 4168-1000-1910-8230. 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 10797791. 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 22, 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 22, 2005 the Respondent defaulted by failing to appear and the arbitrator found for the Petitioner and awarded the sum of $19413.41 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 L day of k,?9??"?_l1,20? 06? . iF O N • Q rtu v?4 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 Credit Cara ANT9g ns_`4 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 (the "Agreement") consists of this document and the terms 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 tozhe 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 and/or record any of your telephone•conversadons with ow repm- sentatives or the representatives of any of those companies. All capitali2ed terms not defined herein shall have the meaning as defined in the Required Federal Disclosures section of your card carrier. and From time to time, we may obtain updated inforrca< tion about you including, for example, credit informa- tion. We may &hare information about you with credit 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 MBNA. Affiliare Information Sharing, P.O. Box 15342, Wilmington. DE 1 98 50-53 42. 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 Reporarig Agencies, P.O. Box 17054, Wllmington, 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 federal law and the laws of the State of Delaware, if an amendment gives you the opportunity to relea 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- Lion. The amended Agreement (including any higher rate or other higher charges or fees) 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 ail of our rights andfor obligations under this Agreement, to the extent assigned. Credit LiMit Your credit limit is shown on your card carrier andgen- eraAy on each monthly statement. We may change your credit limit-or limits from time to time, and we will notify 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, if granttd, 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 limitl, we may: (1) honor the request without per- manently raising your credit limit f 2) honor the request and treat the amount which is more than your credit limit We may advise the person who nade the request that it has been refused. if we refuse to honor a Check 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 ) -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 later. Litigation The Arbitration provisions below apply to you unless you were given the opportunity to reject the Arbitratlott 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 ("Claim-) 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 T binding arbitration. The arbitration shall be conducted by the National Arbitration Forum ('NAF'l. under the Code of Procedure in effect at the time the Claim is filed. Rules and forms of the National Arbitration Forum may be obtained and Claims may be riled at any National Arbitration Forum office, www.arbs forum.com, or P.O. Box 50191, Minneapolis, Minnesota 55405, telephone 1-800-d74-2371. if the NAY is unable or unwilling to act 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 any 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 )urisdiction. Any arbitration hearing at which you appear will take place within the federal fudicial district that includes your billing address at the time the Ciaim.is filed This arbhs#- tion agreement is made pursuant to a transaction involv- ing interstate commerce, and shall begovemed by the Federal Arbitration Ac, 9 U.S.C. §§.1-16 (•FAP). Judgment. upon any arbitration award may be.antered in any court having jurisdiction. The arbitrator shallfolloweristing. 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 wrfte an opinion containing the reasons for the award. No Claim submitted to arbitration is heard bye 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 all 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 volontaty pay- ment of the debt in W) by you, any bankruptcy by you or sale of the debt by us. For the purposes of this Arbitration Section, ^«t and 'US" means MBNA America Bank NA. Its parent, sub- sidiaries. affiliates, licensees, predea rs, succeMo. assigns, and any purchaser of your account and all or their officers, directors. employees, agents and assigns or any and ail 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 parry 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 all 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 Benefits, Limitations, Costs & Exclusions Platinum Pfus overage pays your minimum monthly payment' up to your balance on the date of loss (not to exceed S) 5,000), until you return to work" if you are involuntarily unemployed, totally disabled, or if you or your spouse takes covered family leave. Plaunum Plus Coverage also pays 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 givesyes 30 days atte'ym receive slut lettermdispute Me validity of the debt in my pat of it If you do net dispute the validity ofthe debt tarry T"` of it within thatperiodwewill assume thatthedebtisvdid. If yen dispubcthe debt or argpart of din writingby mailingus a noticetothat effeclm abefimthe30 day following the tlateyou received this letter -we will obtain and nail toyou proof(verd'ncdm) ddebt And if within the tame pariodym request in writingthe msrc and address oftheaigind creditor (If dia'aae:ftom the curers. aedita} We will fianishyou with that information ton. Ifwe do receive a timely writtmnotic , alleffana to collect this deba will be suspended mail we mail any required infirmustiontoyou. The purpose of this communication is to collect a debt; any ifdormation obtained will be used for collecting the debt. ACCOUNT AGREEAUNT Y=NMNAucomthu bearbwnftrnd n Fhet Sekcl Capaadm. Your AITIM amoadwas closed atthe tna of thisaaosfa and will thasbre continue robe closed. This Accamt Agreement connnvthetams thffi govern yarFnrt gelKt account (the"Amounn. In this Agreement" Wald"Your'* om each person who is liable for payment on the Account. "War "me' aul `tw" mean First Select Corporation a its assignees. Because your Account has been mmfmaed to t, you stenow obligated to. repay the Account tom instead of MBNA. Ifthe Account was opened as a joint uceum, we may act on the instruction of my joint account holder. PaymmtatFlnana Charges: As long as year have a balmxe Wlaratling on your Account, frsoce charges arc calculated as follom. Tofigaethefmatcecharges for each billing cycle, we =triply the average daily balance periodic nett. The daily periodic rde we apply is your Amount Annual Percentage Rue divided by 365. The Annual Percentage Rate will be calculated a disclosed in your mat recent MENA account team (the "Original Tame"). Ifyour Original Tam provided for different Annul Pors"e Ric to be applied to dffi'eran components ofymr outstanding balance, we will apply the lowest such Annual Percentage Rate on your entire outstanding baWwt We may accept ate or partial payments, s payments maked'paid in full" or marked with other restrictions, witiwul lasing cur right to collect all mount' owing under this Agreement Year may ask First Select Corportim to pry you Account by debiting your cliecknga savange account You may reveke your suthcriastion by writing to Fart Select Customer Service Fen: We will chap your Amount a fee for each billing cycle within which your Amount is delinquent fate dsrge). The mount ofthe lterharge will be as diecloaed in your Original Tama or the maximum tae charge permitted by the law ofyoa state ormsidence, whichever is louver. We will charge your Account a fae for each renurced promenl check (reamed check charge). The i m unit ofthe returned check charge will be as disclosed in your Origin Tans, a the returned check charge perniadby the law or your slate ofmidenee, whichever is lower. To the struck provided in your Original Tema ands the assent permitted by applicable law, in addition be, yew Obligtime to pay' the a ding balance M your Account, phw interest and fen as disclosed herein, we hay also charge you fa any collation costs we incur, including but nor limited to mendable amomey's fen ad tout toes. Ifyour Original Terms provided for an award of money's fen ad court costs, such Provisos ae incorporated herein d all apply reciprocally to the prevailing pasty in ary lawsuit critics old of this Agreement Iqm-Walva or Combats Rights: We my delay a waive cif rcement of any provision of this Agreematwithout losing our right to enforce it or my other provision later. Applhzble Law, Sawaabalty, AadgmmnttNo mum whereym live,this Agreement adyin r Account are governed by federal law and by thelaw ofthe elate designed as the applicable law nyour Origin boom. Ifyom Origins. Terms didna comae an applicable lewprovision, then this Agheeaent and your Account are governed by federal law and rise law ofyour state ofresidence. This Agreement is a fins expieaion ofthe agreement between you and us and may non be contradicted by evidence of ary alleged oral agTmnterrt. Ifa provision a' Ws Agreement is held to be invalid or unenforceable you and we will consider that provision modified to conform to applicable law, and tire rest ofthe provision in the Agreement will still be enforceable. We may banter a resign an right to all a smue ayourpayments. If tat law requires this you receive notice ofsuch and event to protect the purchaser or the couples, we may give you such notice by filing a futancng statement with the Me,s Secretary of Sate Customer Service: For general questions regarding your pink Select aoccunq plains call mar toll-free service number, 1-883-924-7000. For quality assurance purposes, and to improve mamma service aid actually, telephone calls to or from our offices may be Marketed in raccarded. Credit Reportmg: If your fail a fulfill the tams of your aedit obligation, a negative add repot reflecting on your media record may be submitted to a credit reporting agency. In order to dispute ary information we art repot* about your Account you =at write to us; at thefollowbrg address: Feat Select Corporation, P.O. Bic 9104, Pleasanton, California, 94566. Sharing lnfca mdom We may nth idomati Witt oua95lytea ' "id' mars write l mat time, interacting srta to shome credit hnommnn with aQliatn. YOUR BILUNG RIGM S-KEEP THIS NOTICE FOR FUTURE USE This notice contains maportet information about your rights and our responsibilities under the Pair Credit Billing Art Notfy Us to Can allaror, or Quesdons aboard Your Bill Ifym think your bill is wrong or ifymneed more information about an entry m yoabi3 write us, on a separm meet. athe following address: First Select Corporation, P.O. Box 9104, Pleasanton, California 94566. Write m a soon ae possible We most hew ftxmyou can later than 60 days after we sets you the fort bill on which the enor sprobkm appeared. YW cm telephmea, but doing so will not preserve, your ights. In the letter, give. us the following: -Yon naneand Amount nunalom -The dollar mount of the suspected cramr. -A description ofTheerror and on explantim, if possibb% civilly you believe tame it and arts. ifym end mom information, describe the iternyou are not sure about Yom Rlglta said Our RopmdbMdes Aster We Receive Your Waltham Nana we most ackmotvledgeyourhave withn 30 days, unless we have connected the error by then Within 90 days, car: must either correct the sacra explan why we believe the bill was correct After wereceive your letter, we cannot try to collet or report you as delinquent as to anymount your question, imitating finvance charges. We can apply eery uapaid mount against your credit fine. You do not have to pay any questioned amount while we ere investigating bayou am still obligatd to pay the pens of the bill did are not in question . If we find that we have made amidtke on your bill,ym will netiawto pay sry fmance charge related or any questioned ammist If we did not make a middke, yon may have to pay finance rhaga, and you will have to make ley the missed payments on the questioned moors. In either case; we will send ym a amement tithe amona[ym owe and the date Nit it is due. Ifym fail to pay the anarint we third, you owe, we may repot you as delinquent. However: if m aplemation does not satidy you and you write a us within 10 days telangue that yen all refuse to pay, we mat tell anyone we reponymn tatyW question your bill And we Mot tell you the nane ofaryonewe repeated you to. We mat tell anyone we repon you to thffirhe mtm has been settled beMemus when it firmly is. If" donor follow these min, we ems collect the first 550 of the questioned mount even ifyis rbill was correct Spedal Rule fa L}edR Card Purchases Ifymhave a problem with the quality of goods mid services that you purchased with yanMBNA erect card and you force tried in good faith to recover the problem with the macham;yen My not have to pay the remaining am WK due on the geode or services. There aatwo limitations mein rind: (a) Your art have made the purchase in your home state or, G'rrot within your brose Aft within 100 miles ofyoa current angling address: and (b) the purchase price Mt haw; been more than 550. These limitations donor apply if either we or MINA own a operate the merchant, awe abMNA =tied you the advemacroent for the property a service. M C)9!a)l ,. 'III NATIONAL ARBITRATION FORUM® EXHIBIT to C" Shad D Mcconnell 53 Sample Bridge Rd Mechanicsburg, PA 17050-0000 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 Shad D Mcconnell File Number: FA0506000500889 Claimant Reference Number: 10797791 Dear Parties: August 22, 2005 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, 041W#?'In.. Laura Johnson Case Coordinator Enclosure P.O. Box 50191 Minneapolis USA 554054191 w ..athftion-forvnoxom 800.474.2371 952.516.6400 Fm 952.345.1160 III NATIONAL ARBITRATION I EXHIBIT it C" FORUM Credigy Receivables, Inc. c/o Stewart & Associates, P.C., Attorneys at Law 3950 Johns Creek Court Suite 100 Suwanee, GA 30024 CLAIMANT(s), AWARD RE: Credigy Receivables, Inc. v Shad D Mcconnell File Number: FA0506000500889 Claimant File Number: 4168100019108230 Shad D Mcconnell 53 Sample Bridge Rd Mechanicsburg, PA 17050-0000 RESPONDENT(s). The undersigned Arbitrator in this case FINDS: I . 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 $19,413.41. Entered in the State of Pennsylvania Iohn Adam {ems,IT., E q Arbitrator Date: 08/22/2005 ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly entered,, and the Forum hereby certifies that a copy OF hii,*,VVaril was sent by first class mail postage preoa' id to the, Parties at the above referenced addresfit-s, o®h s R6prgsentatives, on M2? Honorable Harold Kalinin. 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 SHAD D MCCONNELL, 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: 9 ?cIG AFFIANT F Lrj of a (? W F" N (? - C c n .4 p za 7 1 c.?? , c CASE NO: 2006-04852 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CREDIGY RECEIVABLES INC VS MCCONNELL SHAD D GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PETITION AND NOTICE was served upon MCCONNELL SHAD D the RESPONDANT , at 2035:00 HOURS, on the 2nd day of October , 2006 at 53 SAMPLE BRIDGE ROAD MECHANICSBURG, PA 17050 BONNIE RIGWAY, SISTER IN LAW by handing to ADULT IN CHARGE a true and attested copy of PETITION AND NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing ,Service 18.00 8.80 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 36.80,/ 10/03/2006 jol,,106 ?" 7 STEWART & ASSOCIATES Sworn and Subscibed to By: before me this day Deputy She f of A. D. Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor O(L - 418S 2- 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