Loading...
HomeMy WebLinkAbout06-4853Helene 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. CARL SIMS, Respondent. CUMBERLAND COUNTY COURT OF COMMONS PLEAS TRIAL DIVISION Civil Action No.: CI. -qP$'3 a zbik , 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 confinnar 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 demands 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 10 day of &f- , 20 db . - 4y 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. CARL SIMS, Respondent. CUMBERLAND COUNTY COURT OF COMMONS PLEAS TRIAL DIVISION Civil Action No.: 06 - 41,9S3 &,-! 7-4- 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: 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 345 W Penn St, Carlisle, PA 170130000, 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. & 73040. 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 4313-0300-6306-6543 ("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 4168-1000-2380-7116. 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 10212296. 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 31, 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 31, 2005 the Respondent defaulted by failing to appear and the arbitrator found for the Petitioner and awarded the sum of $3425.14 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 19 day of k, 2004 . dtQw ?- 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 iarebl Card fitrecina_-4 General In this Credit Card Agreement, the words -you" and "your" reter m 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 accounr you agree rothe 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 andtor record any of your te)ephone-conversations with our 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 your card carrier. Tn formation Gathering and Sharing From time to time, we may obtain updated inkmra? tion about you including, for example, credit informa- tion. We may share 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 maNA America affiliate), by writing us at MBNA, Affiliart 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 bi:ileve char 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 17054, 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. 11041 pop F applinble notification requirements of federal law and the laws of the State of Delaware. If an amendment gives you the opportunity to rely 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 co return all credit devices as a condition of your rejec- tion. 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. Assianment 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 andgen- erally 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 Gash 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: (1) honor the request without per- manently raising your credit limit: (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 overiimit 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 )ass, theft. or possible unauthorized use of your account at 1-800-789-6701. Goverfliit9 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. Litigatlion 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 looted 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 --15- Paco binding arbitration. The arbitration shall be conducted by the National Arbitration Forum ("NAM. 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.arb-forum.com, or P.O. Box 50191, Minneapolis, Minnesota 55405, telephone 1.800-474-2311. it the NAF 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 arbitratorwill 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 ara amount greater than what your couit 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 f udicial district that includes your billing address at the time the Claim.is filed. This arbiud- tion agreement is made pursuant to a transaction invo)v- Ing interstate commerce, and shall be-govemed by the federal Arbitration Act, 9 U.S.C, §§• 1-16 ("FAA"). ludgment. upon any arbitration award may be.entered in any court having jurisdiction. The arbitrator shall follow existing. 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 write an opinion containing the reasons for the award. No Claim submitted to arbitration Te heard by.a iury 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 voluntary pay- ment of the debt in full by you, any bankruptcy by-you or sale of the debt by us. For the purposes of this Arbitration Section, W and 'us" means MBNA America Bank NA. Its parent, sub. sidiaries, affiliates, itcerugees, predecessors, sucQSaors. assigns. and any purchaser of your account. and all of their 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 party is named by you as a cc-defendant in any Claim you assert against us. Also, for the purposes of this Arbirration 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 unenforceabifity. 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 IURY. AS CLASS ACTIONS OR AS PRIVATE ATTORNEY GENERAL ACTIONS. Platinum Plus Coverage Credit Insurance Benefits, Limitations, Cosits & Exclusions elatinl4m Pits Coveraee pays your minimum morrthiy 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, rurally disabled, or if you or your spouse takes covered family leave. Platinum Plus coverage also pays your insured outstanding balance up to the least of your outstanding balance, your credit limit. or 515,000 if you die. EXHIBIT B FIRST SELECT IMPORTANT LEGAL NOTICE Federal law gives You 30 days adterym meve thus leaerto dispose tie validity of the debt or my pat of it If you dons dispute the validity of the debt ot any pm of it within thatperiodwe will some Oat the debt invalid. Ifyou dispute the debt or mypan oft in writing by mailingu a notice to the effecton orbefaethe 30w day following the date youreceived this letter-we will obtain and mail to you Roof (veri ication) of debt And ifwithin the sane period you request in writing the rme and address ofthe original creditor of i iRvmt tumthe ornrcnt dedita). We will fmish you with that inf err ationtoa.Ifwe do receive a timely written notice all effets n collect this debt will be suspended until we mail ariy required informationtseyou. The purpose of this communication is to collect a debt; any information obtained will be used for collecting the debt ACCOUNT AGREEMENT Your MINAoccmmt his been transferred to First Select Corporation. You MBNA account was closed at one tires of this transfer and will therefore continue to be closed. This Account AgRmIQd contains the owns that goVQn your First Select account (the ."Account'). In this Agreement "you" and 'y an" mean each person who in liable for payment on theAccount. "we "ous"and"us"mean First Select Corporation or its uagnces. Baeueyour Account has berm transferred In us, you art new obligated to repay die Account to in instead of hfBNA. Ifthe Account was opened u ajoist memo, we may act m the instructions ofanyjoint account holder. PaymasWldoma Charges: As long as you . have abalance outstanding on you Account, frsance charges arc calculated in follows. To figure the finance charges for each billing cycle, wmultiply the average. daily balance periodic rate The daily periodic rate w apply is your Accost Annual Percentage Rate divided by 365. The Annual Percentage Rate will be calculated as disclosed in you moat rccenl MBNAaccount term (the''Original Terra'). Ifyour original Tenon provided fit different Annicid Percentage Rate to be applied to different components ofyour outatahdngbalance, we will apply the lowest such Annual Percentage Rare on yc u entire mounting balance. We may accept late a partial payments, or payments coated "paid in full" or marked with other restrictions, without [wig mrrighl to collect all amounts awing mder this Agreernen: You may ask First Select Corporation to pp Your Account by debitngymr checking or savings account You may revoke Your wermisffiion6y writing osFistSelect Customer Service Fed: We will charge you Account a Darfur each billing cycle withinwhich your Account is delinquent faecharge). The mount of the bruchatge will be as disclosed in your Original Terms or the maxi arm late charge permitted by the law, of you state ofmsidmce, whichever is lower. We will chageyour Account a fee for each returned payment check (retuned check charge). The amount of the worried cluck charge will be in disclosed in your original Turns, atihemaximum mounted check charge Permitted by the law wyour stale ofresideneg whichever is lover. To the adeotprovided in your Original Terms and to the indent permitted by applicable law, in addition to your obiigiions to pay the outstanding balance on your Accamt,phis interest and fees a disclosed herein, we may also charge you for any collection costs we naa, including bon no limited n reasonable attorney's fee, and taut cats. Ifyour Original Tema provided form award of attorney's fees and taut cons, such provision as incorporated herein shall apply reciprocally to the prevailing party in any lawsuit arising out of this Agreement Non-Wdvsr of CatadaRlghts: We may delay or waive enforcement of any provision of this Agreemedwithmd losing our right toeofare it a any other provision later. Apphlable law, Sessabitty, Assignment: No matter wbesyou IivS this Agreement mid you Account we governed by federal law and by the law ofthe data designated lithe applicable law in your Original firma. Ifyour Original Tema did not contain an applicable law. provision, than this Agreement and you Account asgwerned by federal law and the law olyour ran nfresidme This Agreement is a final expression ofthe agreement between you and in and may not be contradicted by evidence of any alleged oral assessment. If a provision of this Agreement is held to be invalid m unmforcablS you and we will consider dim provision modified to contrast to applicable Im, said the rest ofthe provision in the Agreement will still be enforceable We may transfer or insist. our right to all or some fyour payments. If"Iaw requires that ymrereive notice of such and went to protect the purchases otter assignee, we may give you such notice by filing a financing statement with thestale's Secretary of State. Customer Servine For genml questions regarding youFrst Select account plane call mr loll-tree service number, 1-885-924-3000. For quality assurance purposes, and to improve customer service and security, telephone calls to or into m oboes may be monitored or recorded. Credit Reporting: ifyomfall to fulfill the teens ofyw credit obligation, a negative credit report reflecting on your credit record may bea timitcd toa creditr portirg agency. in order to dispute any information we am reporting about your ACCOUd; You =it write to u at thefollowng address: Fist Select Corporation, P.O. Box 9104, Pleaentan, California 94566. Sharing Information: We my dare information with cur affiliates- includi without limusim. P with Nd_ IBartr Providisin Bank. However, v new write to u at am time inatnetinii us not to dim credit information with h YOUR BILLING RIGHTS-KEEP THIS NOTICE FOR IM ME USE This notice contains important information about your rights and cur responsibilities under the Fair Credit Billing Act Noty Us in Cue. of Err an w Questions about your Bon Ifyou think your bill is wrong or ifyou need more infor anion about an entry m your bill write us; on a separate shat, at the following address: First Select Corporation, P.O. Box 9104, PlemmM California 94566. Write u asow as possible. We most hear franyou no I" than 60 days after we sad you the flow bill on which the eror mproblem appeared. You can ulepboneu, but doing eo will not preserveyour rights. In the bitter, give us the follming: -You name and Accoudnmbe. -The dollar amount oft he suspected ern. -A description ofthe worst and an explanation, if possible, ofwhy you believe there is and moor. Ifyou need more information, describe the itemym as rout sure about Yew Rights and Our RespmdbWtin Aaar We Receive Your Written Notice Wemost acknowledge your lee within 30 days, unless we hue connected the earorby gran. Within 90 days, we must either correct the smarm eplain wiry we believe tnebill wu correct. Ater we receive your letter, we carrot by to collet or report youa s delinquent as to any mount just question, including finance charges. We can apply cry unpaid mount against your credit line. You do not have to pay ary questioned mount while we was investigating bit yen am atilt obligated to pay the pats of the bill # at see trot in question. if we find that we have made amistake on yaw bill, you will not ham to pay ary finance charge related to any questioned mount if we did not nuke a misldce, you may have to pay fiance charges, and you will hour to make up thendssed payments on the questionedmcmd In either cue, we will send you a statement of the amount you ow and the date that it is due. Ifyw fail to pay the mount we think you owe, we may rcpmym as delinquent. However; ifour explanation don not satisfy you mdyou writers, us within 10 days tellingus thatym mill refuse to pay, we mum tell anyone werporyou to dmyw quationyou bill And we cum tell you the name of aryaeswe reported you to. We most tell myonewe reportyouto that the mother has ban settled betweehus when it finally is. Ifw do not follow, these mks, we cannot collect the laid &50 afthe questioned amount even dyour bill was correct Special Rule for Credit Card Purchases Ifym have a problem with the quality of goods and services that you purchased with your MBNA credit cad and you have tried in good faith to correct. the problem with the merchant, you may not have to pay the remaining ammo due w the goads or services. Thee sstwo limitations to this right: (a) you rued have made the purchase in your home dae a, if not within your home date,. within 100 miles ofyou current mailing address: and (b) the purchase price most have been mom than $50 These limitations do not apply if either we a MBNA own or operate the merchant, mw or MBNA mailed you the adverfisment fit the property or services. '?'j o? a9 IYI NATIONAL ARBITRATION August 31, 2005 FORUM@ Carl Sims 345 W Penn St Carlisle, PA 17013-0000 EXHIBIT " C" 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 Carl Sims File Number: FA0506000500940 Claimant Reference Number: 10212296 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, Laura Johnson Case Coordinator Enclosure p.0. Box 50191 Minneapolis USA 55405-0191 w varbttrafion-fbNm.com 600.474.2371 952.516.6400 Fm 952.345.1160 m? NATIONAL ARBITRATION EXHIBIT to C" FORUM e 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 Carl Sims File Number: FA0506000500940 Claimant File Number: 4168100023807116 Carl Sims 345 W Penn St Carlisle, PA 17013-0000 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 $3,425.14. Entered and Affirmed in the State of Pennsylvania ACKNOWLEDGEMENT AND CERTIFICATE OF SERVICE This Award was duly pleret and the Forum hereby certifies that a cowas sent by first Jo D. Hendricks, Es 4. class mail post e p aid to P ies at the above Arbitrator referenced a ere entatives, on Date: 08/31/2005 z" u'?"IIMp? ? i -' ,I1?11 ?Id `r st ?' orahl ' , Ret. Director VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.CS § 4904 relating to unsworn 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 CARL SIMS, 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: ilf`e: Ar- AFFIANT J? Lrl SHERIFF'S RETURN - REGULAR CASE NO: 2006-04853 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CREDIGY RECEIVABLES INC VS SIMS CARL MICHAEL BARRICK Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PETITION SIMS CARL RESPONDANT Sheriff or Deputy Sheriff of was served upon the at 2035:00 HOURS, on the 28th day of September, 2006 at 345 W PENN STREET CARLISLE, PA 17013 l IT T Afi'r r1TTT TAT -rA f?TJ(I/-AT by handing to ADULT IN CHARGE a true and attested copy of PETITION together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 18.00 4.40 Affidavit 00 Surcharge 10.00 nn R. Thomas Kline 32.40;/'00/00/0000 Sworn and Subscibed to By: before me this day Deputy S iff of A. D. Curtis R. Long Prothonotary office of the Protbonotarp Cumberianb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 016 -'18 S-3 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