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HomeMy WebLinkAbout00-08800 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 CUMBERLAND FIRST SELECT, INC. Plaintiff vs. HEATHER E.MERRIS Defendant I HEREBY CERTIFY THAT THE'iA-THIN IS A T AND CORRECT COPY OF T E ORIGINAL ON FILE ESQUIRE A NEY FOR PLAINTIFF COUNTY COURT OF COMMON PLEAS NO.? - ?O W au 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717)249-3166 (800) 990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 0 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#:4168100010729927 COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS HEATHER E MERRIS 112 N FRONT ST # 3 LEMOYNE, PA 17043-1328 ? A DEFENDANT NO. aV - ?FUa l t Y T - 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, HEATHER E MERRIS , is an individual who resides at 112 N FRONT ST # 3 LEMOYNE, PA 17043-1328, . 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 4168100010729927. 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 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 0 debt as agreed. 6. The Defendant is indebted to the Plaintiff in the amount of $7,710.01 as of 08/30/2000, plus pre-judgment contractual interest at the rate of 23.99% 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 $1,310.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $7,710.01, plus pre-judgment interest at the contractual rate of 23.99% per annum from 08/30/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,310.00, 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 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. r Defendant in the amount of $7,710.01, plus pre-judgment interest at the contractual rate of 23.99°% per annum from 08/30/2000 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,310.00, 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. ORDER FOR SERVICE THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VERIFICATION I, HEATHER KOOREMAN , declare that: I am a designated agent of FIRST SELECT, INC., 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 Date California. Designated Agent F1I2_S_T SELECT EXHIBIT EVOORTANT LEGAL NOTICE ive this letter to dispute the validity of the debtor any part of it If you do not dispute the validity ofthe debt, or arty part of it within Federal law gives you 30 days after you 7" that period, we will steams the, the debt if you dispute the debt, w any part of it in writing-by mailing w a notice to that effect on or before the 30th day following the data you received this letter-we will obtain and mail to you proof (verification) ofthe debt And i? within the same period, }roc request in writing the name and address of the original cradiior(ddifferentrtfrnm the cursemt crcdiicr), we will famish yen with that infonnatian too. ffwe do receive a timely wtittrn na,ice, all efforts o Collect this debt will ireon w you. Your right w mail w a written notice of dispute lasts until Ote 30th day following the day you receive this letter. be suspended until we mail any 7. e will wait umil sal a 'a tims elapsed faros te be able to receive a written notice of dispute from ycu-even if you mail h on the 30th day following the date you received this letter-before referring youumto an mtomey in your state to S1a tall against you should h be necessary. W5111 The purpose of this communication is to collect a debt; any information obtained will be used for collecting the debt. ACCOUNT AGREEMENT Your BANK OF AMERICA account has been transferred to first Select Your SANK OF AMERICA account was closed at the time of this transfer and will therefore cormea a to be closed This Account Agreement contains the terms that govem your Fast Select account (the 'Account' ). In tlfi Agreement.'"you and 'Your" mean each person who is liabla for payment an the Account "Wa; our," and "w" mean First Select w its assignees Because you Amount has been transferred to it%you are now, obligated to repay the Account to us instead of BANK OF AMERICA If the Account was opened as ajoint account, we may act on the msnilctiom ofanyjoun amount bolder. Payutenb/F9nsnce Charges. As long as you have a balance outstanding on yow Amount, finance charges are calculated as follows: To figure the finance charges for each billing cycle. we muhiply the average daily balance on yaw account by a daily periodic rate. The daily periodic rate we apply is yaw Account's Annual Percentage Rate divided by 365. The Annual Percentage Rate will be calculated as disclosed in your most recut BANK OF AMERICA accomtterms (the "Original Termaj. If your Original Terms provided for different Annual Percentage Rates to be applied to diffisrut components ofyow Outstanding balance, we will apply the lowest such Annual Penenter Rate an yaw entire outstanding balance. We may accept late or partial payments, or payments marked"paid in full" or marked with other restrictions, without losing our right to collect all amounts owing under.this Agreameot You may ask First Solectto pay your Account by debiting }roar chx7ciogwsavibgs acdbnmt Firat3'eleu2 will fast verify yow identity end ,hgdr"dity fw'Faia3aa-Zi't':: You ray revoke your autihoti fidn byti tilhng'w First Select Customer Service pass. We will charge yaw Account a fee for each billing cycle wkhinwbhch you Account is delinquent (Into charge). The amount ofthe late charge will be as disclosed in your Original Terms or the vnatimum law charge peimuted by the law ofyow acme ofreeidence, whichever is Iowa. .We will charge your Account a fee for each retuned payment check (returned check char?a} The amour ofibe hemmed cheek charge will be as discloaedthe law of Original Tama. wthe maximum retnned chakchacga petted by your state ofresidence, whichever is lower. To the extent provided in your Original Terms and to the extent permitted by applicable law, in addition to yaw obligations to pay the outstanding balance on yow Acconnt Plus interest and Feat as disclosed herein, wemay also charge }tat for say aoilaton vests Cos incur, ixlud'mg but not limited to reasonable attames!s few and covet Coats. Ifyaw Ori ival Tams provided for an award of attomey's fact and on= casts, such proviaan as incorporated heroin shall apply reciprocally to the Preventing party hit any lawsuit arising out ofthis Agreement Non-Waiver of Certain Rights. We my delay or waive anfo cemed of arty provision ofthds Agreement without losing am right to enforce it or any other provision later. Applicable Law, Severability, Assignment No matter where you live, this Agreement and your Amount are govemea by federal law and by the law of the state designated as the applicable law in your Original Tams. Ifyow Original Term did governed by federal law and the law of yaw slaw tremdence -trim Agreement n a final expression ofthe agreement: between you and ns and may not be =addicted byewdenceofaayaitegedoratagreement ffa provision oftris agreement is hold to be invalid w unenforceable, you and we will consider that provision modified to conform in applicable law, and the rest of the provision in the Agreement will sill be enformabie We may trawfa or assign our right w all or some ofyour payments If state law requires that you receive notice of such an event to protect the purchaser or the assignee, we may give you such notice by filing a financing statement with the state's Secretary of State. Customer Service. For general questions regarding yaw First Select account piewes call ow toll-ties service number, 1-888-924.2000. For quality assurnam purposes, and to improve cos a service and security, telephone cats to or fiom our offices may he monitored or recorded Credft Reporting: Personal Information. If you fail to fulfill the terms of your credit obligation, a negative credit report reflecting any= credit record maybe submitted to a credit reporting agrncy. ffi order o dispute my information we are reporting about your Amount, you must write w 1 = the following address: First Select, P.O. Box 9104, Pleasanton, Califomia 94566. We mavshare information with our affiliates. inclil m without limitation 14ovidian National Ban4 end Provi&a Ban4 However you may write to us at sev t cin u t t share credit int'o4numm with our affilimesi , YOUR BELLING RIGHTS -KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about you rights and our responsibilities under the Fair Credit Billing Act Notify Us in Case of Errors or Questions About Yew BE If you think yaw bill is wrm& or ifyou need more information about an entry on your bill, write us, an a separate sheet, at *a following address: Fast Select, P.O. Box 9104, Pleasanton, Califomia, 94566. Write to w as soon as possible. We must hear f can you no later then 60 days after we sea you the that bill as which the error wpmblem appeared You can telephone us, but doing so will act preserve your hiatus. In the letter, give us the following: - Your name and Account number. - The dollar amount ofthe suspected canc. - :. - - A description ofthe erns and an explanation, ifpossble, ofv&xywr,beileve.. there a an anor. If you need more information. describe the item you-are not sure about Yaw Rights and Our Responsibilities After We Reedve yow Written Notice We must acknowledge you letter within 30 days, unit= we have wuected the error by than. Within 90 days, we must either comatthe vror or explain why we believe thebillwasconat Afterwe receive yaw letter, we cannot try to wiled or report you as delinquent as to any avouutyou question. includingSoanca chuges. We ern apply any unpaid amount against yow credit rate Youdonnthavawpayany questioned amount while we are imesctgatug but you are still obligated to pay the pmts ofthe bill that are not in question. If we find that we have made a mistake on your bill, you will ndhaw to pay any finance charge related to any questioned amount Ifwe did not make a mistake. you may have to pay finance charge, and you will have to make up the missed payments on the questioned amount In either case, we will send you a statement of the amount you awe And the datethat it is due Ifyou fail to paythe amount we think you owe, we may report you as delinquent. However if carexpldnatica does not satisfy you and you write tons within 10 days telliaRw that you still rdweto pay, we must tell anyone we report you to that you question your bill. And we must tell you tha name ofanyone wit reported you w. We meat tallanyone we reportyou w that the matte teas been settled betwern w who iffiaaty in. lfwe do nt follow these mites, we cannot collect the first S50 of the questioned amount even if you bill was correct Special Rule for Credit Card Purchases If you have a problem with the quality of goods and services that you purchased with yaw BANK OF AMERICA credit card and you have hied in good faith to cornet the problem with the merchant, you any act 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 you home state w, if nerwithin your home state, within 100 miles of your cumeutmailing address: and (b) the purchase price must have been more than S50. These limitations do not apply if either we or BANK OF AMERICA own or operate the merchant or we or BANK OF AMERICA mailed you the advertisement for the property a services. a'w,.<..,: ?*n?'..r,>iseesrs?sFEl?ix?5iesaa#zasd+rrua..;,,,s? rte,-.r.:.-?d?.µ,.?.kY&?` .. _ .. "' .. ?.. •. )w Z V V 0 c7 C C:? 'ti't rJ, O Z DD t0 '< W SHERIFF'S RETURN - REGULAR CASE NO: 2000-08800 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS MERRIS HEATHER E DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE MERRIS HEATHER E was served upon the DEFENDANT , at 0010:36 HOURS, on the 2nd day of January 2001 at 112 N FRONT ST # 3 LEMOYNE, PA 17043-1328 by handing to CRIST AUXT (BOYFRIEND) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof Sheriff's Costs: Docketing 18.00 Service 9.92 Affidavit .00 Surcharge 10.00 .00 37.92 Sworn and Subscribed to before me this day of eZbv/ A. D. i PProthonotary So Answers: R. Thomas Kline 01/04/2001 PARK LAW ASSOCIATES By: oC_l?l? ? ??Yw`?YY Deputy Sheriff .1 VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 112 N FRONT ST # LEMOYNE, PA 17043-1328 4168100010729927 COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS HEATHER E MERRIS Defendant NO.00-8800 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 ATTORNEY FEES PLUS ACCRUED INTEREST LESS PRINCIPAL PAID LESS OTHER PAYMENTS TOTAL $7,710.01 $1,310.00 $653.71 ($0.00) ($0.00) $9,673.72 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 Civ,Procedure No. 237.1 is attached hereto and marked Exhibit " ' At BLUTH PARK,ES the Plaintiff AND NOW, LA? Judgment in favor of the Plaintiff and against the Defendant by for want of an Answer and damages assessed in the sum in the above certification. is entered Default set forth y PROTHONOTARY 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. VALERIE ROSENBLUTH PARK I HEREBY CERTIFY THAT THE a` ATTORNEY I.D. # 72094 TRUE AND CORRECT ADDRESS IS: PARK LAW ASSOCIATES, P.C. PLAINTIFF: 4460 ROSEWOOD DRIVE 25 EAST STATE STREET, P.O. BOX 1779 PLEASANTON, CA 94588 DOYLESTOWN, PA 18901 DER 112 N FRONT ST # 3 (215) 348-5200 LEMOYNE, PA 17043-1328 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY,COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS HEATHER E MERRIS Defendant NO. 00-8800 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: HEATHER E MERRIS 112 N FRONT ST # 3 LEMOYNE, PA 17043-1328 DATE OF NOTICE: 1/23/01 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (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, 4th FLOOR CARLISLE, PA 17013 (717) 240-6200 PARK LAW SSOCIATES, P.C. BY: VALERIE ROSENBLUTH PARK, ESQ. cc: THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. ExHisrr_?-= VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS HEATHER E MERRIS Defendant VERIFICATION 01 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF BUCKS I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 112 N FRONT ST # 3 LEMOYNE, PA 17043-1328 NO. 00-8800 LITARY 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 HEATHER E MERRIs, Defendant is over 21 years of age; that his/her place of residence/business is located at 112 N FRONT ST # 3 LEMOYNE, PA 17043-1328 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 a its amendments. PARK LAW AS CIATES, P.C. BY: Valeri Rosenbluth Park Attorney for Plaintiff E10 VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P. 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND FIRST SELECT, INC. Plaintiff VS HEATHER E MERRIS Defendant I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: C. PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 112 N FRONT ST # 3 LEMOYNE, PA 17043-1328 COUNTY COURT OF COMMON PLEAS NO. 00-8800 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: [X] Judgment [ ] Money Ju, [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Judgment [ ] Praecipe by igm 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. P THONOT FAIR DEBT COLLECTION RACTICES ACT, IT IS THE FOLLOWING TO YOU. THIS IS AN ATTEMPT INFORMATION OBTAINED WILL BE USED FOR THAT ,.a.,'.=:'" ??,x a??..aa?uzr?v,?wiaamk?.wa.-xa.M w,??,?????e< a?e ...?:...:?a,? 3:?".":va' 'aNaStF,? _"°.,'- ..•=„? ?..-•. ,.?` ..4 cs? ?J Credigy Receivables Inc. Assignee of First Select, Inc Plaintiff In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division vs. HEATHER E MERRIS NO: 2000-08800 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: Michael F. Ratchford, 1729 Pittston Avenu Scranton, PA 1850 (570) 558-5510 Supreme Co D # 86285 Q 3- P E{)TARY 2009 AUG 18 H! I'- 2 9 t In the Court of Common Pleas of CUMBERLAND County Credigy Receivables Inc. Assignee of First Select, Inc. Plaintiff : vs. NO: 2000-08800 HEATHER E MERRIS Defendant . 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: Michael F. Ratchfo , squire 1729 Pittston A ue Scranton, PA 505 (570) 558-5 0 Supreme ourt 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. HEATHER E MERRIS Defendant NO: CERIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that on 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: HEATHER E MERRIS 1871 W Lisburn Rd Carlisle PA 17013 Edwin A.,Abrahamsen & Associates, P.C. BY/ V - 'l_ Michael F. Ratchford, Attorney I.D. No.: 86. 1729 Pittston Avenu Scranton, PA 185/ (570) 558-5510 IN THE COURT OF COMMON PLEAS COURT OF CUMBERLAND COUNTY STATE OF PENNSYLVANIA FIRST SELECT INC Plaintiff CIVIL ACTION FILE NO. 2000-08800 HEATHER E MERRIS Defendant 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 HEATHER E MERRIS in the original sum of $9,673.72 plus costs on February 14, 2001; 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 $9,673.72, 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 INC, Assignor By: Credigy Receivables Inc., Assignee as Attorney in Fact for FIRST SELECT INC (Signature on Following Page) Credigy Receivables Inc., Assignee (Signature on Following Page) 10196583 (? 0f? -o`6u-;5 BY a e a Hughley sis Vice President Credigy Receivables, Inc See Exhibit "A" Dated: 3 ?! STATE OF GEORGIA ) SS: COUNTY OF FORSYTH ) B . Emily oods Assistant Vice President Credigy Receivables, Inc. Dated: '5 ! 11dF The foregoing instrument was sworn to and subscribed before me this 1l 'th day of WCC h , 200? by Katresha Hughley and Emily Woods, personally known to me to be the individual whose name is subscribed to the within instrument. `,??1111111/???? .;AAN 4f N T Y PUBLIC ?. Gp111? 8? .9 C mmission expires a h Vzoa- 4* Ste! ?? •?? U)= to M 79 LICi Jt ',,?'a F CC Pursuant to a Power of Attorney dated December 30, 2002, see Attached Exhibit "A" - Power of Attorney. z?s?;?r. ?rrr 1 1s:???3tr?:raa r{,>=Crget } t.,f 1;. IIt,AIHT;R T Aft;7','It{5',i 10196583 EXHIBIT `W' POWER OF ATTORNEY - PURCHASE AND SALE AGREEMENT (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 thereunder (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: (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 ofAttorney (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. $y: Name: Ar-+iq4 t./uofa nrnhtr- Title: LG,te-P 40576533.2 Power of Attorney (Agreement) 14\10,11, ARY 2009 AUG 18 PH 1:29 $8.oo po A-rr! CO 3$aio5 {ZT* oaaq 3S5