Loading...
HomeMy WebLinkAbout01-03326 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. MATTHEW S BABAIAN Defendant ESQUIRE COUNTY COURT OF COMMON PLEAS NO. of - 92-4., NOTICE Ic 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. • DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF ACT#:4168100012923791 CUMBERLAND COUNTY COURT OF COMMON PLEAS VALERIE ROSENBLUTH PARK ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 FIRST SELECT, INC. 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 PLAINTIFF VS MATTHEW S BABAIAN 15 SUSSEX RD CAMP HILL, PA 17011-6652 DEFENDANT NO. b/- 33 -2 4 044;-t -rz" - 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, MATTHEW S BABAIAN , is an individual who resides at 15 SUSSEX RD CAMP HILL, PA 17011-6652, . 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 4168100012923791. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 $8,652.27 as of 01/10/2001, plus pre-judgment contractual interest at the rate of 18.00% 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 $1,471.00. WHEREFORE, Plaintiff demands that judgment be rendered in favor of the Plaintiff, FIRST SELECT, INC. and against the Defendant in the amount of $8,652.27, plus pre-judgment interest at the contractual rate of 18.00% per annum from 01/10/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,471.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. rr%TTKrV TT 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 THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 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 $8,652.27, plus pre-judgment interest at the contractual rate of 18.00% per annum from 01/10/2001 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $1,471.00, 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. 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 tie StAte of California. Date Designated Agent DRIVE 5040 JOHNSON P,O. BOX BOX 9104 9104 FIRST SELECT - PLEASANTON, CA 94566 R C 0 R P O R A T 1 O N 866-964-4000 ? s'iXH I B ACCOUNT AGREEMENT Your DISCOVER account has been transferred to First Select Corporation. Your DISCOVER account was closed at the time of this transfer, and will therefore continue to be closed. This Account Agreement contains the turns that govern your First Select account (the "Account"). In this Agreement, "you" and "your" mean each person who is liable for payment on the Account. "We," "our," 'oun," and "us" mean First Select Corporation or its assignees. Because your Account has been transferred to us, you are now obligated to repay the Account to us instead of DISCOVER If the Account was opened as ajoint account, we may act on the instructions of anyjoint accountholder. Payments I Finance Charges. As long as you have a balance outstanding on your Account, France charges are calculated as follows: To figure the finance charges for each billing cycle, we multiply the average daily balance on your Account by a daily periodic rate. The daily periodic rate we apply is your Account's Annual Percentage Rate divided by 365. The Annual Percentage Rate will be calculated as disclosed in your most recent DISCOVER account terns (the "Original Terms"). If your Original Terns 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 losing our right to collect all amounts owing under this Agreement. Fees. We will charge your Account a fee for each billing cycle within which your Account is delinquent (laze charge). The amount of the late charge will be as disclosed in your Original Terms or the maximum late charge permitted by the law of your state of residence, whichever is lower. We will charge your Account a fee for each returned payment check (returned check charge). The amount of the returned check charge will be as disclosed in your Original Terms, or the maximum returned check charge permitted by the law of your state of residence, whichever is lower. - To the extent provided in your Original Terns, and to the extent permitted by applicable law, in addition to your obligation to pay the outstanding balance on your Account, plus interest and fees as disclosed herein, we may also charge you for any collection costs we incur, including but not limited to reasonable attorneys' fees and courtcasts. If your Original Terms provided form award of attomeys' fees and court costs, such provision as incorporated herein shall apply reciprocally to the prevailing party in any lawsuit arising out of this AgreemenL Non-Waiver of Certain Rights. We may delay or waive enforcement of any provision of this Agreement without losing our right to enforce it or any other provision later. Applicable Law; Severability; Assignment No matter where you live, 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 terns did not contain an applicable 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 final expression of the agreement between you and uAnd may not be contradicted by evidence of any alleged oral agreement. If any provision of this Agreement is held to be invalid or unenforceable, you and we will consider that provision modified to conform to applicable law, and the rest of the provisions in the Agreement will still be enforceable. We may transfer or assign our right to all or some of your payments. If state law requires that you receive notice of such an event to protect the purchaser or assignee, we may give you such notice by filing a financing statement with the state's Secretary of State. Credit Reporting. If you fail to fulfill the terms of yew credit obligation, a negative credit report reflecting on your credit record may be submitted to a credit reporting agency. In order to dispute any information we are reporting about your Account, you most write to us at the following address: First Select Corporation, P.O. Box 9104, Pleasanton, California, 94566. YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsibilities under the Fair Credit Billing Act Notify Us in Case of Errors or Questions About Your Bill if you think your bill 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 Select Corporation, P. 0. Box 9104, Pleasanton, CA 94566. Write to us as soon w possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can telephone as, but doing so will not preserve your rights. In you; letter, give us the following: • Your name and Account number. - • The dollar amount of the suspected error. • Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. Your Rights and Our Responsibilities After We Receive Your Written Notice We must acknowledge your letter within 30 days, unless 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. Attu we receive your letter, we cannot try to tolled or repot you as delinquent as co any amount you question, including finance charges. We can apply any unpaid amount against your credit line. You do not have to 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. If we find that we made a mistake on your bill, you will not have to pay any finance charge related to any questioned amount If we did not make a mistake, you may have to pay Finance charges, 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 owe and the date that it is due. If you fail to pay the amount we think you owe, we may report you as delinquent However, if our explanation does not satisfy you and you write to us within 10 days telling us that you still refuse to pay, we must tell anyone we report you to that you question your bill. And we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we do not follow these rules, we cannot collect the first 350 of the questioned amount even if your 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 your DISCOVER credit card and you have tried in good faith to correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or son ices. 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 of your current mailing address; and (b) the purchase price must have been more than 550. 'Mesa limitations do not apply if either we or DISCOVER own or operate the merchant, or if we or DISCOVER mailed you the advertisement for the property or services. Z586 Z5a6 tk) lJ ?i ?g I c C r SHERIFF'S RETURN - REGULAR CASE NO: 2001-03326 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT INC VS BABAIAN MATTHEW S CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BABAIAN MATTHEW S the DEFENDANT , at 0013:50 HOURS, on the 5th day of June 2001 at 15 SUSSEX RD CAMP HILL, PA 17011 by handing to MATTHEW S. BABAIAN 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 8.06 Affidavit .00 Surcharge 10.00 .00 36.06 Sworn and Subscribed to before me this 29 tz- day of J &V / A. D. Prothonotary So Answers* R. Thomas Kline 06/06/2001 PARK LAW ASSOCIATES By: 01 - Dep y Sheriff- f 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: 15 SUSSEX RD CAMP HILL, PA 17011-6652 4168100012923791 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS MATTHEW S BABAIAN Defendant NO.01-3326 CIVIL TERM 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 $8,652.27 ATTORNEY FEES $1,471.00 PLUS ACCRUED INTEREST $559.06 LESS PRINCIPAL PAID ($0.00) LESS OTHER PAYMENTS ($0.00) TOTAL $10,682.33 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. Icertify 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,,--K-11. Attornev for the Plaintiff AND NOW, 2W Judgment is entered in favor of the Plaintiff and against the Defendant by Default for want of an Answer and damages assessed in the sum set forth in the above certification. 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 ATTORNEY I.D. # 72094 PARK LAW ASSOCIATES, P.C. DRIVE 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD PLEASANTON, CA 94588 DEF: 15 SUSSEX RD CAMP HILL, PA 17011-6652 CUMBERLAND COUNTY;COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS MATTHEW S BABAIAN Defendant NO.01-3326 CIVIL TERM NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: MATTHEW S BABAIAN 15 SUSSEX RD CAMP HILL, PA 17011-6652 DATE OF NOTICE: 6/26/01 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, 4" FLOOR CARLISLE, PA 17013 (717) 240-6200 cc: PARK LAW ASSOCIATES, P.C. BY: VALE ROS LUTH PARK, ESQ. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. "V4IRIT - I VALERIE ROSENBLUTH PARK I HEREBY CERTIFY THAT THE ATTORNEY I.D. # 72094 TRUE AND CORRECT ADDRESS PARK LAW ASSOCIATES, P.C. PLAINTIFF: 4460 ROSEWOOD 25 EAST STATE STREET PLEASANTON, CA 94588 DOYLESTOWN, PA 18901 DEF: 15 SUSSEX RD (215) 348-5200 CAMP HILL, PA 17011-6652 ATTORNEY FOR PLAINTIFF IS: DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS MATTHEW S BABAIAN Defendant NO. 01-3326 CIVIL TERM 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 MATTHEW S BA$AIAN, Defendant is over 21 years of age; that his/her place of residence/business is located at 15 SUSSEX RD CAMP HILL, PA 17011- 66$2 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 Val e Rosenbluth Park Att rney for Plaintiff E10 10 R 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT, INC. Plaintiff VS NO. 01-3326 CIVIL TERM MATTHEW S BABAIAN Defendant NOTICE I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 4460 ROSEWOOD DRIVE PLEASANTON, CA 94588 DEF: 15 SUSSEX RD CAMP HILL, PA 17011-6652 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 9gm 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 THON TARY. FAIR DEBT COLLECTION P TICES ACT, IT IS THE FOLLOWING TO YOU. THIS IS AN ATTEMPT INFORMATION OBTAINED WILL BE USED FOR THAT C? ? . .? ????° ?? ???? ?. ??? v ? -_ ?, ,? _ ,? _ ?, - , ? ] - ?? _. Credigy Receivables Inc. Assignee of First Select, Inc Plaintiff In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division VS. MATTHEW S BABAIAN NO: 2001-03326 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: ffichael F. Ratc 1729 Pittston A Scranton, PA (570) 558-55 Supreme C rt Esquire ID # 86285 OF THE PIP 0 90T 2 0 0 9 A U18 PM i ' u U r? s vSy11-10:141A. In the Court of Common Pleas of CUMBERLAND County Credigy Receivables Inc. Assignee of First Select, Inc. Plaintiff vs. NO: 2001-03326 MATTHEW S BABAIAN 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: 1729 Pittston Aven Scranton, PA 18 (570) 558-551 Supreme Court 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. MATTHEW S BABAIAN : NO: Defendant 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: MATTHEW S BABAIAN 15 SUSSEX RD CAMP HILL PA 17011-6652 Edwin A. Abrahamsen & Associates, P.C. BY: / Michael F. Ratchford, Esqui 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. ) MATTHEW S BABAIAN ) Defendant ) CIVIL ACTION FILE NO. 2001-03326 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 MATTHEW S BABAIAN in the original sum of $10,682.33 plus costs on July 16, 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 $10,682.33, 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) ?rrrr-<<rlt=S; ti111,.,f t r,.f ,.l1.,,, .F S f,<A;r Credigy Receivables Inc., Assignee (Signature on Following Page) 10899831 BY: Kssistaht-Vice President Credigy Receivables, Inc See Exhibit "A" Dated: STATE OF GEORGIA ) SS: COUNTY OFFORSYTH ) BY: Emily Woods Assistant Vice President Credigy Receivables, Inc. Dated: S/-/Z 4,-? The foregoing instrument was sworn to and subscribed before me this // -M day of MO-CA , 20 0 q by Katresha Hughley and Emily Woods, personally known to me to be the individual whose name is subscribed to the within instrument. N T RY PUBLIC ?.`? 5 r•?pMwiat; •.,?.? ??? M ommission expires 9 Zoi2 S At ?'•? oar, =?'m as - Z s, C!C - F fit fill% Pursuant to a Power of Attorney dated December 30, 2002, see Attached Exhibit "A" - Power of Attorney. /A s9:4t Ilf ;1b' f,,{taALIA 10899831 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 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 an}, 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: Name: Ar--+A1o tlubfo?` Title: ct, -,e -rr.awc:,a( C9 xa.' 40576533.2 Power of Attorney (Agreement) OF THE F? `r Fax <, 3?RY t, 49-00 Po ATTI( CC,* Ma(o4 a* aag 3 5q