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HomeMy WebLinkAbout00-04742 VALERIE ROSENBLUTH PARK, ESQUIRE Attorney I.D. #72094 PARK LAW ASSOCIATES, P.C. 25 East State Street P.O. Box 1779 Doylestown, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FIRST SELECT CORPORATION Plaintiff VS. CRYSTAL A SHIELDS Defendant NO. F,U ` 11/ 7Q NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for other claims or relief requested by the Plaintiff. 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. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:4168100107429910 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS CRYSTAL A SHIELDS 72 SHIPPENSBURG MOBILE EST SHIPPENSBURG, PA 17257-9531 DEFENDANT NO. /rV_Y1vZe?tu•- CIVIL 1. The Plaintiff, First Select, Inc. is a Delaware corporation organized and existing under the laws of the State of Delaware with its principal place of business at 4460 Rosewood Drive, Pleasanton, CA 94588. Plaintiff is the owner of this account, which is the subject matter of this action. 2. The Defendant, CRYSTAL A SHIELDS, is an individual who resides at 72 SHIPPENSBURG MOBILE EST, SHIPPENSBURG, PA 17257-9531. 3. The Defendant is indebted to Plaintiff on the credit account by virtue of charges or cash advances incurred by the Defendant or authorized by the Defendant on a credit card or line of credit, bearing account number 4168100107429910. 4. The terms of said account are stated in the documentation attached hereto as Exhibit "A". 5. The Defendant has failed to pay the amount owed in accordance with the Account Agreement and has failed to pay the outstanding debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $3,022.70 as of 02/16/2000, plus pre-judgment contractual interest at the rate of 19.80% per annum, less payments made. 7. In accordance with the documentation attached as Exhibit "A," Plaintiff is entitled to reasonable attorney's fees, and Plaintiff will incur attorney's fees in the amount of $604.54. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $3,022.70, plus pre-judgment interest at the contractual rate of 19.80% per annum from 02/16/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $604.54, less payments made, plus costs and any other such relief as this Court deems reasonable and just. COUNT II 8. Plaintiff hereby incorporates paragraphs 1 through 7 above as though set forth in full. 9. The Defendant received a monetary benefit, which was in fact appreciated by the Defendant. 10. The Defendant accepted the benefits. 11. By virtue of the circumstances surrounding the request for funds made, the Defendant knowingly requested the funds at issue and/or knowingly and voluntarily accepted the benefits bestowed. 12. It would be inequitable for this Court to allow the Defendant to retain the benefits of the funds or to be unjustly enriched at the expense of the Plaintiff or allow the Defendant to retain the value of the funds at issue without repaying the Plaintiff the value of same. WHEREFORE, Plaintiff demands that Judgment be rendered in favor of the Plaintiff, First Select, Inc. and against the Defendant in the amount of $3,022.70, plus pre-judgment interest at the contractual rate of 19.80% per annum from 02/16/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $604.54, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQUIRE PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VERIFICATION I, MARY M. MAXEDON , declare that as of February 28, 2000: I am a designated agent of FIRST SELECT CORPORATION, the Plaintiff in this action, and I am duly authorized to make this verification on its behalf. I have read the foregoing complaint and know the contents thereof; that the same is true of my own knowledge, except as to those matters stated on information and belief and, as to those matters, I believe them to be true. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. Executed at Alameda County, in the State of California. WAwk MARY M. MAXE®ON Designated Agent SOaO )Ch KSON ORNE P.O. BOX 9104 PLEASANTON. CA 94566 888-964-4000 0 ACCOUNT AGREELMENT F i ezHiBrr C O S Your DISCOVER account has been transferred to First Select Corporation. Your DISCOVER account was closed uthe time of this transfer, and will therefore continue to be closed. This Assourit Agreement contains the terms that govern your First Select account (the' 'Account'"). in this Agreement, "you" and "your" mean each person who is liable for payment on the Accoun4 "We,'.. cur," "ours," and' us" mega First Select Corporation or tts assignees. Because your Account has br_n trasftred to us, you are now obligated to repay the Account tP us instead of D[SCO?T2 IFtie Account was opened asa joint account, we may act on the instructions of any joint accountholder. Payments l Finance Charges. As long as you have a balance outstanding on your Account, finance charges are calculated as follows: To figure the finance charges for each billing cycle, we multiply Lie average daily balance on your Account by & daily Periodic rate. The daily periodic rate we apply u your .Account's .Snnual Percentage Rata divided by 305. The Annual Percentage Rate will be calculated as disclosed in your most recent DISCOVER account terms (the "Original Terms"). IF your Original Tents provided for different Annual Percentage Rates to be applied to different components of your outstanding balance, we will apply the lowest such Annual Percentage Rate to your entire outstanding balance. We may accept late or partial payments, or payments marked "Paid in full" or marked with other restrictions, without lasing our right to collect all amounts awing undo; this Agreement. Fees. We will charge your Account a Fr- Far each billing cycle within which your Account is delinquent (late charge). The amount oFthe late charge will be as disclosed in your Original Terns or the maximum late charge permitted by the law of your sate of residence, whichever is lower. We will charge your Account a Fee for each returned payment check (returned check charge). The amount of the rtramed check charge will be as disclosed in your Original Tares, or the nadnum returned check charge permitted by the law of your state of ceddencc, whichever is lower. To the extant provided in your Original Terms, and to the extent permitted by applicable taw, in addition to your obligation to pay the outstanding balance on your Account, plus interest and fees as disclosed herein, wa may also charge you for any collection ecsac we mcia, including but not limited to reasonable at[omeys' 'fees and court costs If your Original Terms provided for m award ofattameys' fees and court costs, such provision as insorperated herein shall apply reciprocally to the prevailing party in any lawsuit arising out of this Agreement. Non-Waiver of Certain Rights. We may delay orwaive enforcement of any provision Of this Ag:'eeentat without losing our right to enforce it or any other Provision Later. Applicable Law; Severnbilitr, Assiegnrnent 'To matter where you fivS this Agreement and your Account are governed by federal law and by the law of the state designated as the applicable law in your Original Terms. If your Original to= did not contain an molicable, law provision, then this Agreement and your Account are governed by federal law and the law of your state of residence. This Agreement is a fna1 expressian of the agreement between[ you and" and may not he contradicted by evidence of any alleged oral agreement If any provision oFltis Agreement is held to be invalid or unenforceable, you and we will consicitr that provision medifted to conform w applicable taw, and the rest ofthe provisions in the Agreement will still be enforceable. We may transferor align our right to all or some of your payments. If state law requires that you receive notice of such an event to protect &.a purchaser or assignee, we may giva you such notice by filing a financing statement with the sates Secretary of State. Credit Reporting. If you fail to Fvni U the learns of your credit obligation, a negative credit report raLTa¢ing on your credit record may be submitted to a credit reporting agency. In order to dispute any infortation we are reporting about your Account, you must write to us at the following address:- First Select Corporation, P.O. Sox 9104, Pleasanton, California, 94566. YOUR BILLING RIGHTS - SEEP THIS NOTICE FOR FUTURE USE This notice contains important infarHatioa about your rights and our respansi6ilities under the Fair Credit Billing Act Notify Us in Case of Errors or Questions About Your Bill if you think your hill is wrong, or if You need more information about an entry on your bill, write us, on a separate sheet, at the following address: First Sele; Corpoatian, ?.0. Bas 9104, Pleasanton, CA 94566. Write to us a soon as possible. We catn hear Liam you no later than 60 days after we sent you the Fast bili an which the error or Problem appeared. You can telephone •ss, but doing so will not preserve your rights. In your (ewer, give us the following: Your name and Account aumben • The dollar amount of the suspected error. • Describe the error and eap(ain, if you can, why you he(ieva Ihece is an trgr. Ifyou need more information, describe the iten you are not sure about Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unicss we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. A,`ter we receive your lent., we cannot try to collect or report you as delinquent as to any amount you question, including fuim t charges. We can apply any unpaid amount against your credit line. You do not have io pay any questioned amount while we are investigating, but you are still obligated to pay the parts of the bill that are not in question. Uwe find that we made a mistake on your bill, you will not have to pay cry finance charge related to cry questioned amount. Uwe did not make a mistake, you may have to pay finance charges, and you will have to make up the [Hissed payments an the questioned amount Ice either cue, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the mount we think you owe, we may raport you as delinquent However, if our explanation does not satisfy you and you write to us syithm 10 days telling us that you still refuse cc day. we must tell anyone we report you to that you question your bill. And we must cell you the nacre of anyone we reporttd you to. We must tell anyone we report you to that tin matter has been settled between us when it Finally is. IFwe do not fallow these rules, we cannot collet the first S50 of the euesrioned amount even if your bill w's correct Special Rule for Credit Card Purchases if you have a problem with the quality of goods and services that you purchased +euli •: our DISCO 4 ER credit card and you have tried in good faith to correct trio problem with the merchant, you may not have to pay the remaining amount due on the goods or services. There are two limitations to this right; (a) you must have made the purchase in your home state or, if not within your home state. within 100 miles atyour curent mailing address; and (b) the purchase price ntut halt been more thanS50. These limitations do not apply if either we or DISCOVER own ar uoenane the merchant, or if wt or DISCOVER mailed you the aulertisement far the property or services. ", 11 l? X/ V e 0 ov L 3i Z !? G l? T C ?i T . C? 941 SHERIFF'S RETURN - REGULAR CASE NO: 2000-04742 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORP VS SHIELDS CRYSTAL A J. MICHAEL I , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SHIELDS CRYSTAL A the DEFENDANT , at 1130:00 HOURS, on the 13th day of July , 2000 at 72 SHIPPENSBURG MOBILE EST SHIPPENSBURG, PA 17257-9531 by handing to CRYSTAL A. SHIELDS a true and attested copy of COMPLAINT & NOTICE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 11.78 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 39.78 07/14/2000 PARK LAW ASSOCIATES e Sworn and Subscribed to before By: me this day of Deputy Sheriff Z? A.D. Prothonot ry I' 4 VALERIE ROSENBLUTH PARK I HEREBY CERTIFY THAT THE ATTORNEY I.D. # 72094 TRUE AND CORRECT ADDRESS IS: PARK LAW ASSOCIATES, P.C. PLAINTIFF: 4460 ROSEWOOD DRIVE 25 EAST STATE STREET PLEASANTON, CA 94588 DOYLESTOWN, PA 18901 DEF: 72 SHIPPENSBURG MOBILE EST (215) 348-5200 SHIPPENSBURG, PA 17257-9531 ATTORNEY FOR PLAINTIFF 4168100107429910 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS CRYSTAL A SHIELDS Defendant € NO.00-4742 PRAECIPE FOR JUDGMENT TO THE PROTHONOTARY: Please enter Judgment in favor of the Plaintiff and against the said Defendant for failure to plead or otherwise respond to the Complaint and assess the damages as follows: AMOUNT OF CLAIM $3,022.70 ATTORNEY FEES $604.54 PLUS ACCRUED INTEREST $295.15 LESS PRINCIPAL PAID ($0.00) LESS OTHER PAYMENTS ($0.00) TOTAL $3,922.39 PLUS ADDITIONAL COSTS I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to the attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this Praecipe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit ". VALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff r AND NOW, -CXJudgment is entered in favor of the P in14 tiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. MOT NOTARY PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IT IS REQUIRED THAT WE STATE THE FOLLOWING TO YOU. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VALFRIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. DRIVE 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 EST (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND FIRST SELECT CORPORATION Plaintiff VS CRYSTAL A SHIELDS Defendant I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD PLEASANTON, CA 94588 DEF: 72 SHIPPENSBURG MOBILE SHIPPENSBURG, PA 17257-9531 OF COMMON PLEAS NO. 00-4742 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: CRYSTAL A SHIELDS 72 SHIPPENSBURG MOBILE EST SHIPPENSBURG, PA 17257-9531 DATE OF NOTICE: 8/3/00 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHINTEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 41h FLOOR CARLISLE, PA 17013 (717) 240-6200 PARK LAW ASSOCIATES, P BY: VALE`M ROSENBLUTH PARK, ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. &"Nmm- VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P. 25 EAST STATE STREET DOYLESTOWN, PA 18901 EST (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: C. PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 72 SHIPPENSBURG MOBILE SHIPPENSBURG, PA 17257-9531 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS NO. 00-4742 CRYSTAL A SHIELDS Defendant VERIFICATION OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS VALERIE ROSENBLUTH PARK, Esquire, being duly sworn according to law, deposes and says that she will make this affidavit on behalf of the within Plaintiff, being authorized to do so, and that she believes and therefore avers, that CRYSTAL A SHIELDS, Defendant is over 21 years of age; that his/her place of residence/business is located at 72 SHIPPENSBURG MOBILE EST SHIPPENSBURG, PA 17257-9531 and that he/she is employed and that he/she is not in the Military or Naval Service of the United States or its Allies or otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its amendments. PARK LAW ASSOCIATES, P. BY: Valerie Rosenbluth Park Attorney for Plaintiff E10 VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 EST (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS NO. 00-4742 CRYSTAL A SHIELDS Defendant NOTICE I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 72 SHIPPENSBURG MOBILE SHIPPENSBURG, PA 17257-9531 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: [X] Judgment [ ] Money Ju [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ 7 Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Praecipe by 3gml in in on on on on on on to Default ant Replevin Possession Award of Arbitration Verdict Court Findings District Justice Transcripts Judgment Note Writ of Revival Reassess Damages IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number:(215) 348-5200. PURSUANT TO THE REQUIRED THAT WE STATE TO COLLECT A DEBT. ANY PURPOSE. PROT TOT RY FAIR DEBT COLLECTION PRAC CRS ACT, IT IS THE FOLLOWING TO YOU. THIS IS AN ATTEMPT INFORMATION OBTAINED WILL BE USED FOR THAT ?h ICRI c o GERALD T. PHILLIPS and PORTIA PHILLIPS, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-4742 vs. FREDERICK W. ADAMS, Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT 1. Plaintiffs are Gerald T. Phillips and Portia Phillips, adult individuals, husband and wife, who reside at 113 Deerfield Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Frederick W. Adams, an adult individual who resides at 960 Valley Road, Marysville, Pennsylvania. 3. This action arises from a motor vehicle collision which took place on September 10, 1999 at the intersection of Creekview Road and Orrs Bridge Road in Hampden Township, Cumberland County, Pennsylvania. 4. At the time and place aforesaid, Plaintiff Gerald T. Phillips was operating a certain 1999 Ford F-150 XLT pickup truck, traveling in a southbound direction on Orrs Bridge Road. 5. At the time and place aforesaid, Defendant Frederick W. Adams was operating a certain 1999 Chevrolet Venture motor vehicle traveling in an eastbound direction on Creek View Road approaching the intersection of Creekview Road with Orrs Bridge Road. 1 6. The intersection was controlled by a stop sign facing the direction of travel of Defendant Frederick W. Adams, which required Mr. Adams to stop before entering the intersection. 7. Defendant Adams failed to stop for the stop sign, and drove through the stop sign and crashed directly into the side of the motor vehicle operated by Plaintiff Gerald T. Phillips. 8. The force of the collision was sufficiently great to push the Phillips vehicle out of its lane of travel, across the northbound lane of travel and through a lawn, bushes, and shrubbery located on the east side of Offs Bridge Road. 9. The force of the collision was so great as to hurl Plaintiff Gerald T. Phillips about the interior of the pickup truck that he was operating, inflicting grievous bodily harm to his person. 10. Defendant Adams was negligent in failing to observe the stop sign; and failing to stop at the stop sign; in failing to yield the right of way to PlaintiffPhillips and in failing to keep his vehicle under adequate and proper control. 11. Defendant Adams was negligent per se in violating Section 3323(b) of the vehicle code. 12. As the result ofthis collision, Mr. Phillips suffered injuries to his neck and back for which injuries he has undergone an extended course of medical care and treatment. 13. Mr. Phillips has incurred past medical expenses for the care and treatment of his injuries in an amount in excess of $20,030.81, which medical expenses will continue to accrue in the future. 14. Mr. Phillips has suffered past loss of earnings and future loss of earning capacity. 15. Mr. Phillips has endured pain, suffering, aggravation, inconvenience, and the loss of life's pleasures, and will continue to endure these damages for the remainder of his natural life. 2 16. As the result of the injuries that he suffered, and the medical treatments which he has undergone, Mr. Phillips has been prevented from attending to the normal activities of his daily life; has been required to wear orthopaedic devices; has been required to ingest medications which affect his ability to conduct his normal daily activities; and has been otherwise impaired in the ability to perform his normal daily activities. 17. The injuries suffered by Mr. Phillips are permanent. 18. As the result of the injuries suffered by her husband, Portia Phillips has lost the services, society, and comfort of her spouse and claims loss of consortium therefore. 19. The injuries and damages suffered by Plaintiffs were caused by the negligent acts and omissions of Defendant. WHEREFORE, Plaintiffs Gerald T. Phillips and Portia Phillips demand judgment against Defendant Frederick W. Adams for past and future medical expenses, past loss of earnings, future loss of earning capacity, special damages and general damages in an amount in excess of $25,000, which amount exceeds the limit for compulsory arbitration under the local rules of the Court of Common Pleas of Cumberland County. By: ESQUIRE 407 Noiront Street P.O. Bo 12027 Harrisburg, PA 17108-2027 (717) 232-0511 DATE: ?(t/ U CERTIFICATE OF SERVICE The undersigned hereby certifies that, on the date below he served a true copy of the COMPLAINT, on the person listed below, at the address set forth, by First Class United States Mail: Joseph G. Muzic, Jr., ESQUIRE NIKOLAUS & HOHENADEL, LLP 212 North Queen Street Lancaster, PA 17603 Y By: ANTHONY FANON, ESQUIRE I.D.#25497 407 North ro treet P.O. Box 12027 Harrisburg, PA 17108-2027 (717) 232-0511 DATE: VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing COMPLAINT are true and correct to the best of her knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa CSA Section 4904 relating to unworn falsification to authorities. Portia Phillips Date: O / ?? VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing COMPLAINT are true and correct to the best of his knowledge, information and belief. This Verification is made subject to the penalties of 18 Pa CSA Section 4904 relating to unworn falsification to authorities. r Gerald T. P fillips Date: 3 e3 C7 I 1 In the Court of Common Pleas of CUMBERLAND County Credigy Receivables Inc. Assignee of First Select, Corp. Plaintiff vs. CRYSTAL A SHIELDS Defendant . NO: 00-4742 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: Apri12, 2009 Michael F. Ratchford, 1729 Pittston Avenue Scranton, PA 1850 (570) 558-5510 Supreme Co No: 86285 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Credigy Receivables Inc. Assignee of First Select, Corp. CIVIL ACTION Plaintiff vs. CRYSTAL A SHIELDS NO: 00-4742 Defendant CERIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on April 2, 2009 I 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: CRYSTAL A SHIELDS 72 SHIPPENSBURG MOBILE Est SHIPPENSBURG PA 17257-9531 Edwin A. Abrahamsen & Associates, P.C. Mid&aLsl F. Ratchford, Esquire 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 CORP Plaintiff V. CRYSTAL A SHIELDS Defendant CIVIL ACTION FILE NO. 00-4742 ASSIGNMENT OF JUDGMENT THIS INDENTURE, made this 27th day of December, 2002 between First Select Corp. (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 CORP and against CRYSTAL A SHIELDS in the original sum of $3,922.39 plus costs on August 28, 2000; 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 $3,922.39, 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 Law 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 CORP, Assignor By: Credigy Receivables Inc., Assignee as Attorney in Fact for FIRST SELECT CORP (Signature on Following Page) Credigy Receivables Inc,, Assignee (Signature on Following Page) Assignment uf-h ?,?nent /f 11?S1'Sf;l f:{"'7'{'C)1ZF' i% (. R S AL . I SHII;1 DS) 10213845 //Assis)bnt Vice President Credfgy Receivables, Inc See Exhibit "A" Dated: -LP-M STATE OF GEORGIA ) SS: COUNTY OF FORSYTH ) BY: Emily Woods Assistant Vice President Credigy Receivables, Inc. Dated: 51&k) The foregoing instrument was sworn to and subscribed before me this ? day of , 200 by Katresha Hughley and Emily Woods, personally known to me to be the individual whose name is subscribed to the within instrument. N T Y PUBLIC ?`????EAN•M ???? My ommission expires 9 0/ 2 =G) - 2 ?q LIC 2 ?G rr{C0 Pursuant to a Power of Attorney dated December 30, 2002, see Attached Exhibit "A" - Power of Attorney. Assignment q .fug gmenf f1'CI?ST SI;1;F.,(`7't'OIZF' ?. C'RFSTAL A :SIIIELDS} 10213845 a, ,?- >'F .10 i. EXHIBIT "A" POWER OF ATTORNEY - PURCHASE AND SALE AGREEMENT (a) First Select, Corp., 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 thereunder (collectively the "Agrreement"; 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: (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, action or proceeding or if Attorney believes that Seller is not pursuing such defense in a manner that will maximize the recovery with respect to the Acquired Assets; and Power of Attorney (Agreement) ? . (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 Hill 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 30n, 2002. FIRST SELECT, CORP. $y. :?? -x. Name: A- +%* t/? -eo Title: 64".,&F ' -ar t 0 40 r 40576533.2 Power of Attorney (Agreement) FILED--OrTICE OF THE KrOTHMT 2009 APR -9 AM 11= 21 PD4NES'4'CONIA 8.oa Ps WT W agaso3 Credigy Receivables Inc. Assignee of First Select, Corp. Plaintiff In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division vs. CRYSTAL A SHIELDS : NO 00-4742 Defendant Praecipe for Entry of Appearance Kindly enter my appearance on behalf of Credigy Receivable, Inc. Assignee of First Select, Corp. in the above-captioned matter. Date: April 2, 2009 l chael F. Ratchford, 1729 Pittston Avenue Scranton, PA 18505 (570) 558-5510 Supreme Court I # 86285 FILED-OFFICE OF THE POT PKINOTARY 1409 APR -9 AM 11-- Z 1 PIr NNSS Iww