Loading...
HomeMy WebLinkAbout02-5081COMMONWEALTH OF PENNSYL' NIA Cnl InITV nF- CUMBERLAND No. 09-3-02 DJ Name: Hon., HELEN B. SHULENBERGER Address. P .O. BOX 155 27 W. BIG SPRING AVENUE NEWVILLE, PA Telephone. (717) 776-3187 17241 ATTORNEY FOR PLAINTIFF : DAVID J. APOTHAKER, ESQ 1341 N DELAWARE AVE SUITE 405 PHILADELPHIA, PA 19125 NOTICE OF fGMEN /TRANSCRIPT PLAINTIFF: GI1/IL CASE NAME and ADDRESS _ FFIRST SELECT INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 L J VS. DEFENDANT: NAME and ADDRESS FCARBAUGH, BETTY 137 OAR FLAT ROAD NEWVILLE, PA 17241 L J DocketNo.: CV-0000009-02 Date Filed: 1/23/02 p THIS IS TO NOTIFY YOU THAT: Judgment: FOR PLAINTIFF Judgment was entered for: (Name) FTRRT RRT.Rr-T Twr _ F Judgment was entered against: (Name) c-ARRATTGH, RRTTY in the amount of $ a, 565 _51 on: (Date of Judgment) 211 2/112 Defendants are jointly and severally liable. (Date & Time) ? Damages will be assessed on: E] This case dismissed without prejudice. ? Amount of Judgment Subject to Attachment/Act 5 of 1996 $ ? Levy is stayed for days or F] generally stayed. ? Objection to levy has been filed and hearing will be held: Date: Time: Place: Amount of Judgment Judgment Costs Interest on Judgment Attorney Fees Total Post Judgment Credits $ Post Judgment Costs $ Certified Judgment Total $ ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OF JUDGMENT BY FILING A NOTICE OF APPEAL WITH THE PROTHONOTARY/CLERK OF THE COURT OF COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMENT/TRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. A-Lte P„ District Justice I certify that this is a true d correct copppyy? of the record of the proceedings contai ing the judgment. -O%-ate %k fM/ I t,Q.rx p? District Justice My commission expires first Monday of January, 2006 SEAL AOPC 315-99 cs Gui7 rri v l5?? o G??7 en r , N ? L 0 N G? W ^ < 3 0 ? rO L. n D r l [__ ?11 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS TO: BETTY J CARBAUGH 137 OAK FLAT RD NEWVILLE PA 17241-9467 FIRST SELECT, INC. PO BOX 24245 LOUISVILLE, KY 40224 Plaintiff, VS. BETTY J CARBAUGH 137 OAK FLAT RD NEWVILLE PA 17241-9467 Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO. CV-0000009-02 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. XX JUDGMENT BY DEFAULT JUDGMENT IN REPLEVIN JUDGMENT BY CONFESSION JUDGMENT FOR POSSESSION JUDGMENT ON AWARD OF ARBITRATORS JUDGMENT ON VERDICT JUDGMENT ON COURT FINDINGS JUDGMENT ON WRIT OF REVIVAL IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY David J. Aoothaker. Esc. at this telephone number: 800-672-0215 APOTHAKER & ASSOCIATES, P.C. BY: David J. Apothaker Attorney I.D.#38423 1341 N. Delaware Avenue, Suite 405 Philadelphia, PA 19125 (800) 672-0215 Attorney for Plaintiff FIRST SELECT, INC. ) Plaintiff, ) vs. ) BETTY J CARBAUGH ) Defendant. ) CUMBERLAND COUNTY NO. 02-5081 ASSIGNEMENT OF JUDGMENT THIS INDENTURE, made ?/,./d and Credigy (the "Assignee") between First Select, Inc., (the "Assignor"), WHEREAS, on February 12, 2002 judgment was entered in the above referenced Court, in favor of First Select, Inc. and against BETTY J CARBAUGH in the sum of $4,565.51 which judgment was duly entered on February 12, 2002 in the office of the Clerk of the County of CUMBERLAND. AND WHEREAS, the Assignee is now the owner of said judgment. NOW THEREFORE WITNESSETH, that the Assignor, in consideration of $10.00 received and duly paid and other good and valuable consideration, has sold, assigned and transferred and by these presents hereby sells, assigns and transfers to the Assignee, the said judgment and all monies that may be had or obtained by means thereof, or upon any proceedings to be had thereupon. The assignee has the right to take all lawful proceedings for the recovery of the money due or to become due on said judgment; and upon payment, to acknowledge satisfaction or discharge the same. The Assignor hereby convenants that there is now due on the judgment the sum of $4,565.51, including interest and that the Assignor will not collect or receive the same or any part thereof nor release or discharge said judgment, but will allow all lawful proceedings therein to be taken by the Assignee. IN WITNESS WHEREOF, this assignment has been duly executed by the Assignor the day and year first above written. State of 1/ County of ?0? On .2 FirsIlec c. B Yt day of , 2003, who being duly sworn, did depose and t e assignor and is authorized to execute this say that he/she is a L4&4A;91 assignment on behalf of First Select, Inc.. ?60-Atk+ Our File No.: 018501 QTAR? •% s;.•p?B LAG Nwary Public, State at Large, KY My commission expires Dec. 18, 2005 #? I? a _c v c C) C za - ? 4 _ In the Court of Common Pleas of CUMBERLAND County Credigy Receivables Inc. Assignee of First Select, Inc. Plaintiff vs. BETTY J CARBAUGH Defendant NO: 2002-05081 PRAECIPE TO MARK JUDGMENT TO USE OF ASSIGNEE To the Prothonotary: Mark the judgment in the above case to the use of Credigy Receivables, Inc. upon payment of your costs only. Dated: April 2, 2009 j4i/chael F. Ratc d, Esquire 1729 Pittston e Scranton, P 505 (570) 558 10 ID No: 86285 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Credigy Receivables Inc. Assignee of First Select, Inc CIVIL ACTION Plaintiff vs. BETTY J CARBAUGH NO: Defendant CERIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on April 2, 20091 served a copy of the Assignment of Judgment and Entry of Appearance in the above captioned matter by mailing the same via First Class United States mail, postage prepaid addressed as follows: BETTY J CARBAUGH 137 OAK FLAT RD NEWVILLE PA 17241-9467 Edwin. A. Abrahamsen & Associates, P Attorney I.D. No.: 86285 1729 Pittston Avenue Scranton, PA 18505 (570) 558-5510 IN THE COURT OF COMMON PLEAS COURT OF CUMBERLAND COUNTY STATE OF PENNSYLVANIA FIRST SELECT INC Plaintiff V. BETTY J CARBAUGH Defendant CIVIL ACTION FILE NO. 2002-05081 ASSIGNMENT OF JUDGMENT THIS INDENTURE, made this 27th day of December, 2002 between First Select Inc. (the "Assignor"), 1600 Ormsby Station Court, Louisville, Kentucky 40223, and Credigy Receivables Inc. (the "Assignee"), 2877 Paradise Road, #303 Las Vegas, Nevada 89109. WHEREAS, Judgment was entered in the above referenced Court in favor of FIRST SELECT INC and against BETTY J CARBAUGH in the original sum of $4,565.51 plus costs on October 18, 2002; and WHEREAS, the Assignee is now the owner of said Judgment, NOW THEREFORE WITNESSETH, that the Assignor, in consideration of $10.00 received and duly paid and other good and valuable consideration has sold, assigned and transferred and by these presents hereby sells, assigns and transfers to the Assignee, the said Judgment and all monies that may be had or obtained by means thereof, or upon any proceedings to be had thereupon. The assignee has the right to take all lawful proceedings for the recovery of the money due or to become due on said Judgment; and upon payment, to acknowledge satisfaction or discharge the same. The Assignor hereby covenants that there is now due on the Judgment the sum of $4,565.51, including interest and that the Assignor will not collect or receive the same or any part thereof nor release or discharge said Judgment, but will allow all lawful proceedings therein to be taken by the Assignee; and that The Latw Offices of Edwin A. Abrahamsen & Associates,P.C., is retained as attorney for plaintiff. IN WITNESS WHEREOF, this assignment has been duly executed by the Assignor and Assignee the day and year first above written. FIRST SELECT INC, Assignor Credigy Receivables Inc., Assignee By: Credigy Receivables Inc., Assignee as Attorney in Fact for FIRST SELECT INC (Signature on Following Page) (Signature on Following Page) Axsignmew of '.In,4ymem (. [1?ST Sf 7 f C`7 IA C v. RETTY J C;S RB.4 bGlb 10210344 BY 0 staM Vice President redigy Receivables, Inc See Exhibit "A" Dated: 1111h COUNTY OF FORSYTH ) XP7 ? STATE OF GEORGIA ) SS: BY: Emily Woods Assistant Vice President Credigy Receivables, Inc. Dated: (4/w/?/ The foregoing instrument was sworn to and subscribed before me this ? day of Murk , 2004 by Katresha Hughley and Emily Woods, personally known to me' to be the individual whose name is subscribed to the within instrument. `? I ?- ?il?l N T Y PUBLIC M Uy ©i 2oi Z? goy ?,? My -Commission expires 311? HE11111G'??? Pursuant to a Power of Attorney dated December 30, 2002, see Attached Exhibit "A" - Power of Attorney. Assi xnnnernt u,'.Ja,,fYinerzt (/ZRSTS If't T I:?t'?. B TII JCJRRdC'CiHI 10210344 IF EXHIBIT "A" OF ATTORNEY - PURCHASE AND SALE AEI' (a) First Select, Inc., a Delaware corporation ("Seller"), hereby irrevocably constitutes and appoints Credigy Receivables, Inc., a Nevada corporation ("Attorney"'), with full power of substitution, acting through any officer, employee or agent appointed by Attorney, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of Seller and in its own name, or, if specifically authorized below, in the name of Seller, from time to time, for the purpose of carrying out the terms of that certain Purchase and Sale Agreement, dated as of December 27, 2002, by and between Seller and Attorney as Purchaser thereulnder (collectively the "Agreement"; capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to such terms in the Agreement) to take any and all appropriate action to accomplish, and to execute and deliver any and all documents and instruments which may be necessary or desirable to accomplish, the purposes of the Agreement; and, without limiting the generality of the foregoing, Seller hereby grants to Attorney, the power and right, at any time, to do the following: j(i) in the name of Seller or in its own name, endorse Seller's name upon any checks, drafts, notes, acceptances, money orders and other remittances received by Seller or Purchaser on account of the Acquired Assets; (ii) in Attorney's own name, direct any party liable for any payment under or in respect of any of the Acquired Assets to make payment of any and all monies due or to !become due thereunder, directly to Attorney or Purchaser or as Attorney shall direct; (iii) in Attorney own-name, in sign and endorse any invoices express bills, drafts against debtors, assignments, verifications, and notices in connection with accounts and other documents constituting or related to the Acquired Assets; !(iv) in Attorney's own name, settle, compromise or adjust any suit, action, or proceeding described above and, in connection therewith, give such discharges or releases as Attorney may deem appropriate; (v) in Attorney's own name, file any claim or take or commence any other ;action or proceeding in any court of law-or equity-or otherwise deemed appropriate by Attorney for the purpose of collecting any and all such monies due under the Acquired Assets whenever payable; (vi) in Attorney's own name, commence and prosecute any suits, actions or proceedings of law or equity in any court of competent jurisdiction to enforce any other right in respect of the Acquired Assets; (vii) in Attorney own name, defend any suit, action or proceeding brought against Seller with respect to the Acquired Assets if Seller does not defend such suit, actiojp or proceeding or if Attorney believes that Seller is not pursuing such defense in a mahner that will maximize the recovery with respect to the Acquired Assets; and Power of Attorney (Agreement) 3 (viii) (A) in Seller's name (provided Attorney's status as attorney- in-fact is disclosed) or in Attorney's own name, execute such documents as are necessary or desirable to: (1) assign Seller's right, title and interest in and to judgments relating to the Accounts; (2) substitute Purchaser for Seller as plaintiff in any litigation or bankruptcy proceeding or; (3) assign Seller's right, title and interest in Accounts subject to consumer credit counseling service agreements, and (B) in Attorney's own name, execute such pleadings, instruments, assignments, bills, receipts, affidavits, :certifications and other documents as Attorney deems necessary to effectuate the full transfer of the Acquired Assets to Purchaser or to assist 'in the enforcement or collection of any Acquired Asset; and (b) Seller hereby authorizes Attorney shall lawfully, and in accordance with the Agreement, do or cause to be done by virtue hereof and waives notice of presentment, protest and dishonor of any instrument endorsed by Attorney pursuant to this Power of Attorney or in connection with the transactions contemplated by the Agreement. The power of attorney granted pursuant to this Power of Attorney is a power coupled with an interest and shall be irrevocable for a period commencing on-the Servicing Transfer Date and ending twenty-four (24) months thereafter. (c) The powers conferred on Attorney hereunder are solely to protect Purchaser's interests in the Acquired Assets and shall not impose any duty upon it to exercise any such powers. Attorney shall not be responsible to Seller for any act taken in good faith and with due care to protect Purchaser's interest, or any failure to take such action. (d) Notwithstanding any other provisions herein, this Power of Attorney is subject to the terms and conditions of the Agreement. IN WITNESS WHEREOF, the undersigned has executed this Power of Attorney this of December 30Th, 2002. FIRST SELECT, INC. BY. Cy?? l? ' Name: A;"+o t uo&O Title: CA,, & r a? ?: a C7 i 40576533.2 Power of Attorney (Agreement) FILED-OFFICE CF THE PRO" r NOTARY 2009 APR -9 AM 11: 28 PO"YLVANA Q KrTy _?° CZO 503A 04 .lassos Credigy Receivables Inc. Assignee of First Select, Inc In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division VS. BETTY J CARBAUGH NO: 2002-05081 Defendant Praecipe for Entry of Appearance Kindly enter my appearance on behalf of Credigy Receivable, Inc. Assignee of First Select, Inc. in the above-captioned matter. Date:Apri12, 2009 1729 Pittston Ave Scranton, PA 185 (570) 558-5510 Supreme Court # 86285 RLED-OFFICE OF THE PrQTHOT'ARY 2U9 APR --9 AM 11: 28 PENNSYI-VANA .