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