NORTH CAROLINA
`
`MECKLENBURG COUNTY
`FOUNDERS FEDERAL CREDIT
`UNION,
`
`Plaintiff,
`
`KAYLA CAROLINE WALLING A/K/A)
`KAYLA FAIN and CHRISTOPHER
`FAIN,
`
`Defendants.
`
`)
`
`IN THE GENERAL COURT OF JUSTICE
`SUPERIOR COURT DIVISION
`23CvS017385-590
`
`AFFIDAVIT REGARDING SERVICE BY
`PUBLICATION
`
`The undersigned, being first duly sworn, deposes and says that:
`
`He is an attorney duly licensed to practice law in the state of North Carolina and is
`1.
`Plaintiffs attorney in the above-captioned action.
`
`Defendants, Kayla Caroline Walling a/k/a Kayla Fain and Christopher Fain
`2.
`("Defendants'') could not with due diligence be served by personal delivery or U.S. Postal service
`by certified mail, return receipt requested, as more fully described below. Accordingly, Plaintiff,
`pursuant to Rule 441) of the North Carolina Rules of Civil Procedure, caused Defendants to be
`served by publication. Attached hereto as Exhibit A and incorporated herein by reference is the
`original Affidavit of Publication.
`Pursuant to Rule 441) of the North Carolina Rules of Civil Procedure, the Notice
`3.
`of Service of Process by Publication was published once a week for three successive weeks in a
`newspaper that is qualified for legal advertising in accordance with N.C. Gen. Stat. § 1-597 and §
`1-598 and was circulated in the area where Defendants were last known to be located.
`
`As noted above, Defendants could not, with due diligence, be served by personal
`4,
`delivery. This action was commenced with the issuance of the Summons and the filing of the
`Complaint on October 2, 2023. Plaintiff attempted service of process on Defendants via personal
`delivery of the Summons and Complaint by Sheriff at the last known address for Defendants, but
`the Summons for Defendants were returned unserved.
`
`On December 14, 2023 Plaintiff attempted service of process on Defendants via
`5.
`US. Postal service by certified mail, return receipt requested of the Summons and Complaint.
`Said Summons for Defendants were returned unserved. A copy of the U.S. Postal service by
`certified mail, return receipt requested envelope and delivery history are attached hereto as Exhibit
`B and incorporated herein by reference.
`
`1
`
`NPDocuments: 62844268. 1
`
`Electronically Filed Date: 4/22/2024 3:41 PM Mecklenburg County Clerk of Superior Court
`
`Mecklenburg County Clerk of Superior Court
`
`

`

`The undersigned was unable to ascertain a post office address for Defendants
`6.
`separate and apart from the addresses used for attempted service via Sherriff and U.S. Postal
`service by certified mail, return receipt requested.
`day of April, 2024.
`
`This the
`
`Brian T. Pearce
`N.C. State Bar No. 31722
`Attorneyfor Founders Federal Credit Union
`
`beigef
`
`Sworn to and subscribed before me
`day ofJanuary, 2024.
`this
`Gpe:
`
`otary
`
`Pub ic
`
`Printed Name of Notary Public:
`i
`
`My commission expires:
`
`i.
`
`i
`
`HY
`
`f3
`
`EXPIRE§
`
`4
`
`:
`
`>=>=
`
`=.
`
`2
`
`NPDocuments: 62844268. 1
`
`

`

`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing Affidavit Regarding
`Service By Publication was duly served upon Defendant in accordance with the provisions of
`Rule 5 of the North Carolina Rules of Civil Procedure by depositing it in the United States Mail,
`first-class postage prepaid, addressed as follows:
`
`Christopher Fain
`1112 Regehr Avenue
`Charlotte, NC 28214
`
`Kayla Carolina Fain a/k/a Kayla Fain
`1112 Regehr Avenue
`Charlotte, NC 28214
`
`Christopher Fain
`3130 Rustic Charm Way
`Knoxville, NC 27913
`
`Kayla Caroline Fain a/k/a Kayla Fain
`3130 Rustic Charm Way
`Knoxville, NC 27913
`
`This the 22-day of April, 2024.
`
`Brian T. Pearce
`Attorneyfor Plaintiff
`
`3
`
`NPDocuments: 62844268.1
`
`

`

`Exhibit A
`
`4
`
`NPDocuments: 62844268. 1
`
`

`

`LocaliQ
`Tennessee
`GANNETT
`
`PO Box 631340 Cincinnati, OH 45263-1340
`
`PROOF OF PUBLICATION
`
`Suite 1550
`Maynard Nexsen PC
`1230 Main Street, Suite 700
`Columbia SC 29201
`
`STATE OF WISCONSIN, COUNTY OF BROWN
`
`The Knoxville News-Sentinel, a daily newspaper published in the
`city of Knoxviile, Knox County, State of Tennessee, and personal
`knowledge of the facts herein state and that the notice hereto
`annexed was Published in said newspapers in the issue:
`
`03/19/2024, 03/26/2024, 04/02/2024
`
`and that the fees charged are legal.
`Sworn to and subscribed before on 04/02/2024
`
`Legal
`
`otary,
`
`o
`
`Brown
`
`DLS: a
`
`My comfsisdion expires
`Publication Cost:
`$1456.92
`9965554
`Order No:
`1403054
`Customer No:
`LOKR0074775
`PO #:
`THIS IS NOT AN INVOICE!
`Please do not use this orm for payment remittance.
`
`# of Copies:
`0
`
`NANCY HEYRMAN
`Notary Public
`State of Wisconsin
`
`Page 1 of 2
`
`

`

`NOTICE OF SERVICE OF PROCESS BY PUBLICATION
`STATE OF NORTH CAROLINA, COUNTY OF MECKLEN-
`BURG
`{IN THE GENERAL COURT OF JUSTICE, SUPERIOR
`COURT DIVISION
`23 CVS 17385
`FOUNDERS FEDERAL CREDIT UNION,
`Plaintiff,
`vs.
`KAYLA CAROLINE WALLING A/K/A
`KAYLA FAIN and CHRISTOPHER FAIN,
`Defendant.
`KAYLA CAROLINE WALLING A/K/A KAYLA FAIN
`TO:
`and CHRISTOPHER FAIN
`TAKE NOTICE that a pleading seeking relief against
`you has been filed in the above-entitied action. The nature of
`the relief being sought is as follows: On or about January 31,
`2018, Founders Federal Credit Union ("Plaintiff") extended
`a line of credit to Kayla Caroline Walling a/k/a Kayla Fain
`(the "First LOC") as shown on a No Frills
`("Ms. Fain")
`Visa Application and term sheet and MasterCard terms and
`conditions (the "First LOC Note"). Ms. Fain failed to make
`payments when due on the First LOC and the First LOC
`Note. After providing all credits due to Ms. Fain on the First
`LOC and the First LOC Note, Ms. Fain owes Plaintiff the sum
`of no less than $8,588.63 plus interest accruing thereon from
`and after the date of judgment at the maximum legal rate
`until paid and attorney's fees, pursuant to the First LOC, the
`First LOC Note and N.C. Gen. Stat. § 6-21.2 in the amount
`of $1,288.29, which is 15% of the amount due under the First
`LOC and the First LOC Note. Thereafter, on or about May 8,
`2018, Ms. Fain and defendant Christopher Fain ("Mr. Fain;"
`Ms. Fain and Mr. Fain are collectively the "Defendants")
`executed a Membership Application and Account Card (the
`"Apptication") whereby Defendants agreed to be bound by
`the Accounts and Services of the Credit Union booklet (the
`Thereaffer on or about January
`"Credit Union Booklet').
`18, 2019, Mr. Fain executed a Visa Signature Application
`electronically with Plaintiff. On or about February 5, 2019,
`Plaintiff extended a line of credit to Mr. Fain subject to the
`Credit Union Booklet and a Visa Signature Agreement and
`(the "LOC") and MasterCard terms
`Disclosure Statement
`and conditions (the "LOC Note"). Mr. Fain failed to make
`payments when due on the LOC and LOC Note and the Credit
`Union Booklet. After providing all credits due to Mr. Fain
`on the LOC, the LOC Note, and the Credit Union Booklet, Mr.
`Fain owes Plaintiff the sum of no less than $10,835.20 plus
`interest accruing thereon from and after the date of
`judg-
`ment at the maximum legal rate until paid and attorney's
`fees, pursuant to the Credit Union Booklet,
`the LOC and
`the LOC Note and N.C. Gen. Stat. § 6-21.2,
`in the amount of
`$1,625.28, which is 15% of the amount due under the Credit
`Union Booklet, the LOC and the LOC Note. Thereafter, on
`or about October 28, 2020, Plaintiff advanced funds to Mr.
`Fain subject to the Credit Union Booklet and a Consumer
`Lending Plan Advance Receipt and Truth-in-Lending State-
`ment (the "First Note"). Mr. Fain failed to make payments
`when due on the First Note and the Credit Union Booklet.
`After providing all credits due to Mr. Fain on the First
`Note and the Credit Union Booklet, Mr. Fain owes Plain-
`tiff the sum of no less than $7,993.21 plus interest accruing
`thereon at the rate of $2.60 per day from and after July 21,
`2023 until the date of judgment and thereafter at the lower
`of the maximum legal rate or the rate of the First Note
`until paid and attorney's fees, pursuant to the Credit Union
`Booklet and the First Note and N.C. Gen. Stat. § 6-21.2,
`in the
`amount of $1,198.98, which is 15% of the amount due under
`the Credit Union Booklet and the First Note. Thereafter, on
`or about June 8, 2021, Plaintiff advanced funds to Defendants
`subject to the Credit Union Booklet and a Consumer Lending
`Plan Advance Receipt and Truth-in-Lending Statement (the
`"Second Note"). Defendants failed to make payments when
`due on the Second Note and the Credit Union Booklet. After
`providing ail credits due ts Cefendants on the Second Note
`and the Credit Union Booklet, Defendants owe Plaintiff the
`sum of no less than $2,894.42 plus interest accruing thereon
`at the rate of $0.93 per day from and after July 21, 2023
`until the date of judgment and thereafter at the lower of the
`maximum legal rate until paid or the rate of the Second Note
`until paid and attorney's fees, pursuant to the Credit Union
`Booklet and the Second Note and N.C. Gen. Stat. § 6-21.2 in
`the amount of $434.16, which is 15% of the amount due under
`the Credit Union Booklet and the Second Note. Beginning
`on or about June 20, 2022 and extending through August 18,
`2022, Mr. Fain engaged in several transactions which caused
`an overdraft on Checking Account No. XXXXXXXXXX0070
`in the amount of $504.29. After
`(the "Checking Account")
`proper application of payments and other credits due, Mr.
`Fain remains indebted under the Application,
`the Credit
`Union Booklet and the Checking Account for the full sum of
`no less than $277.09, plus interest accruing thereon from and
`after the date of judgment at the lower of the maximum 1egal
`rate or the rate of the Checking Accounting until paid, plus
`Plaintiff's attorney's fees.
`
`You are required to make defense to such pleading
`no later than April 29, 2024, said date being 40 days from the
`date of first publication of this notice, and upon your failure
`to do so the party seeking service against you will apply to
`the court for the relief sought.
`This the 19th day of March, 2024.
`Brian T. Pearce
`NC State Bar No. 31722
`Attorney for Plaintiff
`Maynard Nexsen PC
`800 Green Valley Road, Suite 500
`Greensboro, NC 27408
`336-387-5137
`March 19, 26, April 2 2024
`LOKR0074775
`
`

`

`Exhibit B
`
`5
`
`NPDocuments: 62844268.1
`
`

`

`Mecklenburg County Clerk of Superior Court
`
`STATE OF NORTH CAROLINA
`COUNTY OF MECKLENBURG
`
`IN THE GENERAL COURT OF JUSTICE
`SUPERIOR COURT DIVISION
`File No. 23-CVS-17385
`
`FOUNDERS FEDERAL CREDIT UNION
`
`Plaintiff,
`
`KAYLA CAROLINE WALLING A/K/A
`KAYLA FAIN and CHRISTOPHER
`FAIN,
`
`Defendants.
`
`AFFIDAVIT OF
`ATTEMPTED SERVICE
`
`The undersigned, Brian T. Pearce, attorney for Plaintiff, being first duly sworn, deposes,
`says, and certifies:
`
`That on December 14, 2023, the undersigned caused copies of the Alias and
`1.
`Pluries Summons issued December 13, 2023 and Verified Complaint filed on October 2, 2023 in
`this action to be deposited with the U.S. Postal Service, Certified Mail, Return Receipt
`Requested, postage prepaid, and authorized under Rule 4 of the North Carolina Rules of Civil
`Procedure, delivery receipt requested.
`
`That it was mailed to Defendant, Christopher Fain at the following address, which
`2.
`the undersigned believed to be Defendant's dwelling house or usual place of abode:
`
`Christopher Fain
`3130 Rustic Charm Way
`Knoxville, TN 37912
`
`3,
`
`That the disposition of the mailing is evidenced by the attached as Exhibit A.
`
`Electronically Filed Date: 2/13/2024 3:41 PM Mecklenburg County Clerk of Supewepdaganit-62550717.1
`
`

`

`This the
`
`/3™ day of
`
`.2024,
`
`Brian T. Pearce
`Attorneyfor Plaintiff
`N.C, State Bar No. 31722
`
`SWORN,and SUBSCRBD
`This the 3™ day of
`
`to before me
`-, 2024.
`
`Notary Public
`My commission expires: 33
`
`fo")
`
`(SEAL)
`
`MARY C. CORRIHER
`NOTARY PUBLIC
`GUILFORD COUNTY, NC- .
`
`2
`
`NPDocuments: 62550717.1
`
`

`

`CERTIFICATE OF SERVICE
`
`I, Brian T. Pearce, do hereby certify that the foregoing Affidavit of Attempted Service was
`served on the Defendant herein by depositing in the U.S. Mail a copy of same, postage prepaid,
`addressed as follows:
`
`Christopher Fain
`1112 Regehr Avenue
`Charlotte, NC 28214
`
`Christopher Fain
`3130 Rustic Charm Way
`Knoxville, TN 37912
`
`Kayla Caroline Walling
`a/k/a Kayla Fain
`1112 Regehr Avenue
`Charlotte, NC 28214
`
`Kayla Caroline Walling
`a/k/a Kayla Fain
`3130 Rustic Charm Way
`Knoxville, TN 37912
`
`This the
`
`dav of
`
`.2024.
`
`"a
`
`Brian T. Pearce
`Attorneyfor Plaintiff
`
`3
`
`NPDocuments: 62550717.1
`
`

`

`Exhibit A
`
`4
`
`NPDocuments: 62550717.1
`
`

`

`AYINAKUINEASEIN
`
`)O Green Valley Road
`lite 500
`eensboro, NC 27408
`
`9314 7699 0430 0115 1480 76
`RETURN RECEIPT REQUESTED
`
`FROM 27
`
`VA
`
`il
`
`Christopher Fain
`3130 Rustic Charm Way
`Knoxville, TN 37912
`
`vs
`
`R-T
`
`379122026-1N
`RETURN TO SENDER
`UNABLE TO FORWARD
`RETURN TO SENDER
`
`UNCLAIMED
`
`02/02/24
`
`

`

`Mecklenburg County Clerk of Superior Court
`
`STATE OF NORTH CAROLINA
`COUNTY OF MECKLENBURG
`
`FOUNDERS FEDERAL CREDIT UNION
`
`Plaintiff,
`
`KAYLA CAROLINE WALLING A/K/A
`KAYLA FAIN and CHRISTOPHER
`FAIN,
`
`Defendants.
`
`)
`
`)
`
`IN THE GENERAL COURT OF JUSTICE
`SUPERIOR COURT DIVISION
`File No. 23-CVS-17385
`
`AFFIDAVIT OF
`ATTEMPTED SERVICE
`
`The undersigned, Brian T. Pearce, attorney for Plaintiff, being first duly sworn, deposes,
`says, and certifies:
`
`That on December 14, 2023, the undersigned caused copies of the Alias and
`1.
`Pluries Summons issued December 13, 2023 and Verified Complaint filed on October 2, 2023 in
`this action to be deposited with the U.S. Postal Service, Certified Mail, Return Receipt
`Requested, postage prepaid, and authorized under Rule 4 of the North Carolina Rules of Civil
`Procedure, delivery receipt requested.
`
`That it was mailed to Defendant, Kayla Caroline Fain a/k/a Kayla Fain at the
`2.
`following address, which the undersigned believed to be Defendant's dwelling house or usual
`place of abode:
`
`Kayla Caroline Fain a/k/a Kayla Fain
`3130 Rustic Charm Way
`Knoxville, TN 37912
`
`3.
`
`That the disposition of the mailing is evidenced by the attached as Exhibit A.
`
`Electronically Filed Date: 3/11/2024 2:19 PM Mecklenburg County Clerk of SupemenGauites71014.1
`
`

`

`This the {P~ day of
`
`.2024.
`
`hc.
`
`Brian T. Pearce
`Attorneyfor Plaintiff
`N.C. State Bar No. 31722
`
`SWORN and SUBSCRIBED to before me
`day of
`This the
`.2024.
`Vz
`
`Vynun ©,
`Notary Public
`My commission expires: 3 au o
`
`14
`
`:
`
`(SEAL)
`
`CORRI; ER
`MARY
`NOTARY PUBLIC
`GUILFORD COUNTY, NC
`
`|
`
`2
`
`NPDocuments:62671014.1
`
`

`

`CERTIFICATE OF SERVICE
`
`I, Brian T. Pearce, do hereby certify that the foregoing Affidavit of Attempted Service was
`served on the Defendant herein by depositing in the U.S. Mail a copy of same, postage prepaid,
`addressed as follows:
`
`Christopher Fain
`1112 Regehr Avenue
`Charlotte, NC 28214
`
`Christopher Fain
`3130 Rustic Charm Way
`Knoxville, TN 37912
`
`Kayla Caroline Walling
`a/k/a Kayla Fain
`1112 Regehr Avenue
`Charlotte, NC 28214
`
`Kayla Caroline Walling
`a/k/a Kayla Fain
`3130 Rustic Charm Way
`Knoxville, TN 37912
`
`This the
`
`day of Macck
`
`.2024.
`
`Brian T. Pearce
`Attorneyfor Plaintiff
`
`3
`
`NPDocuments: 62671014.1
`
`

`

`Exhibit A
`
`4
`
`NPDocuments: 62671014.1
`
`

`

`MAY.
`
`NEXSEN
`
`g
`
`38
`we
`
`FROM 274108
`
`8
`
`uite 500
`Greensboro, NC 27408
`
`Green Valley Road
`
`9314 7699 0430 0115 147925
`RETURN RECEIPT REQUESTED
`
`Kayla Caroline Walling
`A/k/a Kayla Fain
`3130 Rustic Charm Way
`Knoxville, TN 37912
`
`RETHRN TG
`
`al
`
`MANUAL
`
`REG
`
`