Loading...
HomeMy WebLinkAbout99-06778h v .Z ?? a ? i ,, ?' ? ' ?. ,... • N ?_ r? / , h I` 1 . ' ?9 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. SYLVIA F. RAINES Defendant NO. j% ?y77b l 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 CUMBERLAND COUNTY 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. VALERIE ROSENBLUTH PARK ATTORNEY I.D. it '12094 PARK LAW ASSOCIATES, P.C. 25 EAST STATE STREET, P.O. BOX 1779 DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION 5040 JOHNSON DRIVE PLEASANTON, CA 94566 PLAINTIFF VS SYLVIA F. HAINES 308 Market Street Lemoyne, PA 17043-3.627 DEFENDANT NO. CIVIL ACTION 1. FIRST SELECT CORPORATION, an organization domiciled at 5040 JOHNSON DRIVE, PLEASANTON, CA 94566, and existing under the laws of the United States of America, is the owner of a credit account opened at the request of the Defendant. 2. The Defendant is SYLVIA F. HAINES, an individual who resides at 308 Market Street, Lemovne, PA 17043-1627. 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 owned by the Plaintiff bearing account number 4168100003048566. 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 $2,319.82 as of 07/22/1999, plus pre-judgment contractual interest at the rate of 12.89% 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 $463.00. 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 acid/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 CORPORATION, and against the Defendant in the amount of $2,319.82, plus pre-judgment interest at the contractual rate of 12.89% per annum from 07/22/1999 until the date of the judgment herein, plus reasonable attorney's fees in the amount of $463.00, less payments made, plus costs and any other such relief as this Court deems reasonable and just. PARK LAW ASSOCIATES, P.C. BY: / VALERLP9 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. 11?;1 couvr*c o_ S.;C_s ' _z_?._, ?scaL.°, ?_?'= du:y s•.:c.=. zcco_d_.^.c tc Law, de?oses and sa'.;s _.. 7aW iaZe ?.C. .haL C.1a 0a_zv lacks sL------"- cc cake a ve_L__cacLo chat the Cocc: and oLCs'_da ^e jc_-sdiccic^ o c c_.a a:1owed Da_:_=s °leLL. LCaLLOR ca:, aoc be c.:va1 ?^ nL?..^.'_- or obi -0_ I i:.q p° Z: _'OL - d -aka c-a zac,; -,.,a- ch= = .acts cc-zainec ..urce Of M" -r of docL=en7-s er yr?? .-P1RST SELECT C O R p O R A T I O N ACCOUNT AGREEMENT Your FLEET BANE account has been transferred in First Select Carpontion. Your FLEET. B.A.\;g account ens dosed at the time of this transfer, and will therelbre continue to be dosed. This Aeeaunt Agreement eontai'm the terns that govern visor Fin Select ae:vunt (•.he'A<count"). In this Agreement. "you" and 'your' mean each person who is liable for payment on the Account. "Me.' 'our' 'burs: and -us' mean Fir,: Select corporation or its assignees. Because your Account has been miluferr ed t6 us, you arc now abligated to repay the Account to us instead of FLEET BANK. If the Account was opened as ajoint aaeounL we may as on the instructions of any joint accountholder. Payments / Finance Charges- As long as you have a balance outstanding on your Account linmce char,a are calculated as lollasss: To figure the finance charges for each billing cycle. It multiply the aveng<daily balance on your Account by a daily periodic rate. The daily periodic rate wa apply ts Your Account's Annual Percentage Rate divided by 36 i. -the Annual Percentage Rate will be calculated as disclosed in your most re-rat FLE' X BANK account terms (the "Original Tema"). If Your Original Terms provided for different Annual Percentage Rata to be applied to darerenl components or your outstanding balance, we will apply the lowest such Annual Percentage Rate to your entire outstanding balance. We may accept late or panial payments, or payments marked -paid in full" or marked with other resuictiors. 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 (late charge). The amount of the late charge will be as disclosed in your Original Terms or the maximum late charge pemined by the law of your Gate ofraidenee. whichever is lower. We will charge your Account a fee far each returned payment check (returned check charge). The amount of the returned check charge will be u disclosed in your Original Terms, or the maximum retumed check charge pemined by the law of your state ofraidenee, whichever is lower. extent your addi plicable itted Account. plus interest and fees as d sclosed h rein, we may alsotcharge youbfor any collection casts wtion ncar. ournclobludi gbbut not limited totreasonable anoance ys' p(ow fees and court costs. If your Original Terns provided for an award of attomeyi fees and court costs. such pr. visiun as incorporated herein shall apply reciprocally to the prevailing pram/ in any lawsuit arising out of this Agreement. Non•Waiverof Cerain Rights. We may delay or waive enforcement of any provision of this Ag:enem,ithout losing our right to enforce it or any other provision later. Applicable Low; Sevenbilil-v: Assignment. No matter where you live, this Aycemenl and your Aa^unt are govemed by federal law and by the law of the slate designated as the applicable law in your Original Tema. If vour original terns did not contain an applicable law prayizian, then this Agreement and your Account are governed by federal law and the law of your state of residence. This Agreement is a final ea_res:ian of the agreement between you and us and may to Se invalid or unenforceable, yuu and we will consider not be contradicted by evidence of any alleged oral agreement. If any provision of this Ag:rmea is t:.-Id that prevision modified to conform to applicable law, and the rest of the provisions in the Agreement still ;:•: i be enforceable. We may transfer or sssign our right to all or sonic of your payments. If state lasv requires that you receive notice of such an event to pretea:he rrchsser or assignee, we may give you such notice by riling a linancmg statement with the stales secretary of State. Credit Repnr tang. If you fail to fulfill the terms of your credit obligation, a negative credit repay. nfzc:ing on your credit record may be submitted to a credit reporting agency. In order to dispute any infci mation sve are reponing about your Account. ycu must k%-..:z to a at the following addrcsst Ein Select Corporation, P.O. Bas 9104, Pleasanton, California, 94;66. YOUR BI LIA rG RIGHTS - KEEP TFI IS NOTICE FOR FUTURE USE Tnis notice contains important information about your rights and our responsibilities under the Fair Credit Billing Ac: ;Vutity Cs in Case of Errors or Questions About Your Bill If you think your bill is wrong, or if you n.-d more information about an entry on your bill, sari:- at. an a shatc:e shy.:, at tit<followine we en First Select Corporation, P.O. Box 9104, Pleasanton, CA 94566. R'ritc to us as soon as possible. We must.`.-car f:e . ;:aft no later than 60 days oiler we cent you the first till on which the error or problem appeared. You can telephone us, but doing so will not preserve p<cr ri g:.u. In your letter, give us the following: • Your name and Account number. • The dollar amount of the suspected error. • the error and explain, if you can, why you believe there is an.mr. If you need mar: in[ar.a:icr_ describe the item you it net stir. about. Describe th Your Righu and Our Responsibilities After We Receive Your Written Notice explain why we We must acknowledge your letter within 30 days, unless we have eorect-d the en.or by then tlidsin 90 r-;.s. we must Ether "n eet the error or believe the bill wu comet. :tiler we receive your, letteq we cant.our/ to mlleet car report you a d-liaewn: s to ms. amount guts question, including finance charges. We can apply any unpaid amount agaima your credit line. You do not have to pay any quetiored ar..aunt while we are mvcstigmm;tut you are still obligated to pay the pans of the hill that are not in question. Rwe find that we made a mistake on your bill, you will not have to pay any finance charge nlatel to try queT.ioned amount. If c `vdil $,admok a statement ofu may have to pay finance charges, and you will have to make up tit<missed payments an the qua;ic na.ar ^an stets ss del nquent However }ifuur explanation the amount you owe and the date that it is due. If you fail to pay the amount we think You owe. r..uu tell anyone we upon you to that you question your bill. does not satisfy You and you write to us within 10 days telling us that you still refuse to pay. And we must tell you the name of c nnol We MP the ant S 0 oil -the questioned one we reps I'd if ooui bhihws prten hss been tented het•.reen uswhen it finally is. amount v If sve do not follow these rules, s Special Rule for Credit Card Purchases ;NK aediward and you have tried in god faith to correct if you have a problem vY411 the quality of goods and ser: ices that you purchased with Your FLEET B. the problem with the merchant. You may not has- to pay the rernalumv amount due on the scads or s,nizes. There are two limitations to tbu right: (a) you must have made the purchase in your home state or, if not within vour "nee state. within 100 miles of }cur current mailing address; and (b) Lite purchase price must have been more than $30. These Gnutations do not apply if either we or FLEET BANK own or operate :::e mere:tint. or if are or FLEET BANK mailed you the advertisement for the property or ScMces. IYN y y- 1_r •. L:; t\ W LLi1. 1 J VALERIE ROSENBLUTH PARK, ESQURIE Attorney I.D. 1172094 PARK LAW ASSOCIATES, P.C. 25 E. State Street Doylestown, PA 18901 (215 348-5200 ATTORNEY FOR PLAINTIFF FIRST SELECT CORPORATION VS. SYLVIA F. HAINES Plaintiff Defendant : CUMBERLAND COUNTY : COURT OF COMMON PLEAS NO. 1999-06778 PRAECIPE TO ATTACH TO THE PROTHONOTARY: Kindly attach the enclosed verification to the Plaintiff's Civil Action. PARK LAW ASSOCIATES, P.C. BY: VALERIE ROS LUTH PARK, ESQUIRE mi VERIFICATION SUSAN declare: I, L_ z tt _f A a'i ?,i?,:,??- ? I am a designated agent of C ??La`vnui ?crLt c?L? u n , in the above entitled 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. Section4904 relating to unsworn falsification to authorities. I declare under penalty of perjury that the foregoing are true and correct. 1999 at Executed this day of county, in the state of I , ?? i , Designated Agent FIRST SELECT CORPORATION SYIXIA F. HAINES 4 16810000304 8566 929099-1 ,. ,_, ?.: :; ?:: : ; `? ,,, :_ ? .. :_ _ s " ` 1 i.l iL" SHERIFF'S RETURN - REGULAR CASE NO: 1999-06778 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FIRST SELECT CORP VS. HAINES SYLVIA F SHAWN HARRISON , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly s worn according to law, says, the within COMPLAINT was served upon HAINES SYLVIA F the defendant, at 1731:00 HOURS, on the 12th day of November 1999 at 308 MARKET ST It 1 LEMOYNE, PA 17043 CUMBERLAND County, Pennsylvania, by handing to SYLVIA HAINES a true and attested copy of the COM PLAINT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So ans •' ?? r>. ?? 8.00 9.30 .00 8.00 R-Tnomas n ine, it eri?f $30 30- PARK LAW S ASSOC 11/15/199 7 by Sworn and subscribed to before me this JLI day of ka,c' C'--- 19A.D. -ro nono-ary. ? -4" VALERIE ROSEDISLUTH PARK ATTORNEY I.D. n 72094 PARK LAW ASSOCIATES, P.C 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY C-ERTI?Y THAT THE TRUE A:ID CORRECT ADDRESS IS: PLAINT177: 5040 JOiDISON DRIVE PLEASAAIT-ON, CA 94966 DEP: 308 Market Street Lemoyne, PA 17043-1627 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS SYLVIA F. HAINES Defendant NO. 996778 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 $2,319.82 ATTORNEY FEES $463.00 PLUS ACCRUED INTEREST $130.26 LESS PRINCIPAL PAID ($0.00) LESS OTHER PAYMENTS ($0.00) TOTAL $2,913.08 PLUS ADDITIONAL COSTS I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE Ili 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 Praecioe. A true and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is attached hereto and marked Exhibit "A". VALERIE ROSENBLUTH PARK,ESQUIRE Attorney for the Plaintiff AND NOW, Judgment is entered in fa?o of the Plaintiff and against the Defendant by Default fo ant of an Answer and damages assessed in the sum set forth in the above certification. PROTHONOTARY J S 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 25 EAST STATE STREET DOYLESTOWN, PA 18901 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAIfITIFF: 5040 JOHNSON DRIVE PLEASANTON, CA 94566 DEF: 308 Market Street Lemoyne, PA 17043-1627 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS SYLVIA F. HAINES Defendant NO. 996778 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 SYLVIA F. HAINES, Defendant is over 21 years of age; that his/her place of residence/business is located at 308 Market Street Lemoyne, PA 17043-1627 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 LAkl 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 (215) 348-5200 ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE TRUE AND CORRECT ADDRESS IS: PLAINTIFF: 5040 JOHNSON DRIVE PLEASA17TON, CA 94566 DEF: 300 Diarket Street Lemoyne, PA 17043-1627 CUMBERLAND COUNTY COURT OF COMMON PLEAS FIRST SELECT CORPORATION Plaintiff VS SYLVIA F. HAINES Defendant NO. 996778 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 by Default [ ] Money Judgment [ ] Judgment in Replevin [ ] Judgment in Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings [ ] Judgment on District Justice Transcripts [ ] Judgment on Judgment Note [ ] Judgment on Writ of Revival [ ] Praecipe to Reassess Damages IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: Park Law Associates, P.C. at this telephone number: (215) 348-5200. P7THONOTARY: I?A /? ` U DEBT COLLECTION P TICES ACT, PURSUANT TO THE FAIR 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. 4 72094 PARK LAW ASSOCIATES, P.C. 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: 5040 JOHNSON DRIVE PLEASANTON, CA 94566 DEF: 308 Market Street Lemoyne, PA 17043-1627 CUNIBERLA1ND COUNTY COURT OF COM3 ION PLEAS FIRST SELECT CORPORATION Plaintiff VS i SYLVIA F. HAINES •: Defendant NO. 996778 NOTICE OF PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT TO: SYLVIA F. HAINES 308 Market Street Lemoyne, PA 17043-1627 DATE OF NOTICE: 12/17/99 LN PORTANT 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 n FLOOR CARLISLE, PA 17013 (717) 240-6200 PARK LAW ASSOCIATES, P BY: V UTH FARK, THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORNIATION OBTAINED- WILL BE USED FOR THAT PURPOSE. y EXHIBIT 9 p\ r' r-- o (n c.+ =i In the Court of Common Pleas of CUMBERLAND County Credigy Receivables Inc. Assignee of First Select, Corp. Plaintiff VS. SYLVIA F HAINES Defendant NO: 1999-06778 PRAECIPE TO MARK JUDGMENT 'r0 USE OF ASSIGNEE To the Prothonotary: Mark the judgment in the above case to the use of Credigy Receivables, Inc. upon payment of your costs only. Dated: April 2, 2009 17 29 Pittston ) Scranton, PA 1 05 (570) 558-55 Supreme C ID No: 86285 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Credigy Receivables Inc. Assignee of First Select, Corp. CIVIL ACTION Plaintiff vs. SYLVIA F HAINES Defendant : NO: 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: SYLVIA F HAINES 1 FALCON CT MECHANICSBURG PA 17055-4315 Edwin A. Abrahamsen & Associates, P.C. ]Michael F. Ratchford, Es 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. ) SYLVIA F HAINES ) Defendant ) CIVIL ACTION FILE NO. 1999-06778 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 SYLVIA F HAINES in the original sum of $2,913.08 plus costs on January 20, 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 $2,913.08, 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 Credigy Receivables Inc., Assignee By: Credigy Receivables Inc., Assignee as Attorney in Fact for FIRST SELECT CORP (Signature on Following Page) (Signature on Following Page) Assi?ynnieja q .hutgment /I 112,57'S'I;1;1;C'7'C()Rt'v. SYLT74 F FI4IA-I;Si 10200601 ( AssislAnt Vice President /credigy Receivables, Inc See Exhibit "A" Dated: C / STATE OF GEORGIA ) SS: COUNTY OF FORSYTH ) BY: Emily Woods Assistant Vice President Credigy Receivables, Inc. Dated: 5A016 The foregoing instrument was sworn to and subscribed before me this day of d>ZC , 20 69 by Katresha Hughley and Emily Woods, personally known to me to be the individual whose name is subscribed to the within instrument. ,SL, , ?-nl Y PUBLIC SNEAN *M 11 I;r OT mmission expires ?j /9 Zoi2 ?+ 00? ?• ' CC do C • Z , 20-1% Of Sb fr CO 'fill `1,, Pursuant to a Power of Attorney dated December 30, 2002, see Attached Exhibit "A" - Power of Attorney. 4 signment q, Jut?gmeni ii IRST .U., CTCORP v. S)717, 4 I IWAITS) 10200601 e ?y p ? ,.hk'? rat 1f #7"1 ?? ??/?p 'i "? •? ?t .? t 3/ ? ? ? y) ? • V .. . ?? ?? ??? 4,- ? _ ° EXHIBIT NNA" 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 "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) a - a (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 30n, 2002. FIRST SELECT, CORP. ?..c By. 4:5:?? Name: Amm+%* tluo-e.0 qtr Title; LL ,zf o9i ar 40576533.2 Power of Attorney (Agreement) FAQ-O- FFICE OF THE rROTHNOTC' 2009 APR -9 AM i I : 22 KBNSYLVANA jS.00 Po ATM C,o Credigy Receivables Inc. Assignee of First Select, Corp. Plaintiff In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Civil Division vs. SYLVIA F HAINES NO: 1999-06778 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 Wchael F. Ratchford, 1729 Pittston Avenue Scranton, PA 18505 (570) 558-5510 Supreme Court ID # 8 OF THE l M i'r Y 219 APR -9 I I = 22 u` ',i PENNSAYANA