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HomeMy WebLinkAbout08-628408 - ~a$~f ~ivi t Terra IN TH~ COURT OF COMMON PLEAS OF 'UMB BLAND COUNTY, PENNSYLVANIA Credigy Receivables Inc. vs. JOEL N BRYAN 4 FAIRFIELD ST APT 1 NEWVILLE PA 17241-13 CIVIL DIVISION NO: 0031356civil 03-135( PRAECIPE FOR WRIT F REVIVAL TO THE PROTHONOTARIY Please issue writ of evival of lien of judgment entered at this Court at 0031356civil and enter it in the jud meat index against JOEL N BRYAN in the amount of $2,471.68 with interest from Augu t 18, 2003. Edwin . Abrahamsen & Associates, P.C. /~ Michael F. Ratchford, Attorney I.D. No.: 8 Attorney for Plain 'bl S i4 ~ ~ ~ 6~' 0080 0 ~~ ~ ~_ ~ ' _ ...~ _ -d ~ ~ ~ ~ ~ ~~ ~ a ~ ~ ~rc_ a~. ~~~a ~, ~ :~' ~= ~ rn ~ .. ~ •t ~' EXHIBIT A 0 0 (a) Fir Select, Inc., a Delaware corporation ("~glles'~, hereby irnvocably constitutes and oints Credigy Receivables, Inc., a Nevada corporation (~° tt e '~, with full power o substitution, acting through any oi~icer, caaPloyoe or agent appoiatod by Attorney, as its a end lawful attorney-ia-:fact with full irrovoeablo power and authority xn the place and steal of Seller and in its own name, or, if specifically authorized below, in the name of Salter, fr tune tq time, fox the perpo~ of carrying out rho terms of that curtain purchase and Sale Agr ant, dated as of Docaxnbcr 27, 2002, by and between Seller and Attorney as Purchaser thereund (coAectively, the " ccamont"; capitalized terms used heroin and not otherwise de;~~ ha' ' shall have the :tneaaings ascribed to such tams iti the Agreement) to take any and all riate action to accomplish, and to execute and deliver any and all documents and instnun , is wla~ch may be necessary or desirable to e~ceomplish, the Purposes of the Agreement; and, without limiting the generality of the foregoing, Seller hereby. greats to Attorney, the power and right, at any time, to do the foAowing: (i) in the Wares of Seller or in its own name, endorse Seller's mame upo'3i any chocks, ,cotes, aceeptaucos, money ordeal and other rermttances receaved by Seller or Per er on account oPthe Acquired Assets; (ii) in Attorney's own Warne, direct any PAY liable for any payment candor or iu ~P of any of the Acquired Assets to make payment of say and all moaios due qr to b erne duo thereunder, dix'octly to Attorney yr Purchaser or as Attorney shat] direct; (iii in Attorney's own name, in sign and endorse any invoices, express bills, drafts ag ' debtors, assignments, verifications, and notices in.conaection vi,~ accounts cad otbes cements constituting or related to the Acquired Assets; (iv in Attosney's own name, settle, ceanpromi.se or adjust any suit, action, ~ pmCe descn'bed above and, in oonrnecti.on therewith, give such discharges or~releases as ttomey may deem appropriate; ~y) commence any .other act deemed appropriate by ~ due under the Acquired A suits, actions or proce~ enforce any other right ~~.. I proceeding brought agai defend such suit, action such defense in a rnann~ Assets; and Pawar ofAtiornry (Agreement) in Attcmaey's own name, file any claim or take or or proceeding in any court of law or equity ox otherwise nay for the purpose of collecting any and all such monies s whmevex payable; in Attorney's own mine, commaace and prosecute any of law or equity in any court of competent jurisdiction to sect of the Acquired Assets; in Attorney's own name, defend any suit, action ox t Seller with respect to the Acquired Assets if Soll.er does not proceeding or if Attorney belierves that Sellar is not pursuing that will maxi.~aize the recovery with respect to the Acquired r ~ EX~}3IT A ' viii) (A) in Seller's name (provided Attorney's status as attorney- in-fact ie disclosed) or 'n Attorney's own name, execute such documents as are necessary or desirable to (1) as Sellar's right, title and interest in and to judgments relating to the Accounts (2) subs ' PurchaBer for Seller as plaintiff in any litigation ox bankruptcy proceeding or (3) near li Seller's right, title and intairst in Accounts subject to consumer reements and (B) in Attorney's own name, execute such ce a ng 6 Credit CouriBC pleadings, instrumen g ,assignments, bills, roeeipts, affidavits, certifications and other documents as Attorne deems necessary to effectuate the full transfer of the Acquired Assets to Purchaser orb to assist in the enforcement or collection of ~ any Acquired Asset, and (b) ~ slier hereby authorizes Attorney shall lawfully, and in accordance with the Agreement, do or c c to be done by virtue hereof and waives notice of presentment, protest'and dishonor of any ' ixument endorsed by Attorney pursuant to this Power of Attorney or in connection with the sactions contemplated by the Agreement. The power of attorney granted pursuant to this Po er of Attorney ie a power couple with an interest and shall be irrevocable for a pczfod eo encing on the Service Transfer Date and ending twenty-four (?A~) months thereafter. ' (c) a powers conferred on Attorney hereunder are solely~to protect Purchaser's interest is the Ac uimd Assets and shall not impose any duty upon it to ~cercise any such powers. Attorney shall of be respgnsible to Seller for any act taken in good faith and with due care to protect Purchaser' interest, or any failure to take such acFioa. O f (d) otwithstanding any other provision herein, this Power, o Attorney is subject to the and conditions of the Ag~recment. IN WITNPSS OF, the undersigned has executed tbis Power of Attorney this .30 ~ day of July, 2004. FIRST SELECT, INC. ~.-~/ By: Name: Anthony F. V oto ' Title Vice Chairman & Chief Financial Officer ' 0 !EJ.J 'OonIMiMMon 11417047 Nok11y rltlD - CCMfwllb s<'at~lion0i~go C'ot#Ily My 1 !~ c '~ I I 0 O woe Na.,r fiou9h the informatlon below an0 could prevent ! Description of Attached Title or Type of Document: !~ Document Date: Ju W Signer(s) Other Than Named Capacity(ies) Claimed b~ Signer's Name: p Individual Corporate Officer - TIUei ^ Partner - O Llmfted D r ^ Atbcmey in Fact ^ Trustee ^ Guardian or Conservator ^ Other. Signer Is Representing: n EXHIBIT A Cpt„fFOt~N1A ACKNOWLEDQIIMKNT State of California ss. County of ~u ~j°'~~ Jc9i4tJWL !• ,lC~/~., Nar"At`?`/ t'~~~-Ic On Jury 30, .i before me, Nerve ~ ~ ~, ,,,~,~ ~, ~ pea ~c,,.ly ~. v u~ personally appeared ,,,,111epla,t . ^ personally known to me proved to me on the basis of saitsfactory evidence [ .:.~7 to be the person(s) whose name(s) is/are ~~ .subscribed to the within instrument and ~r 1 817067 acknowledged to me that he/shelthey executed -t~lonYo ~ the same in his/her/thelr authorised pCounA- capecity(les), and that by his/her/their aMOirr~+ signature(s) on the fnstrumentthe person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. WITNESS my hand and offlclal seal, ~pnel,n d Naar t~lo . ---- OP ONAL not recpdred bylaw, It may Prove valuable to persons rslylnp on the document rdulent removal and reattachment of thk form to arather document. Signer Number of Pages: Z ibp d thumb Hera Ei): V1oE C}IAIpMAN ~i ~1~ !'Iµi.~t~tAl- lenerel °~"'~ .¢ Meddnn • WOe Os Selo kA.. A. Bm eql ~ Olel„IOAR cneute~ure • ~e Plod. lie. 1e07 heidr.Odl ~4M01~00o-17brBR7 O 19K -Yra^r Narry Prri~I,~E AND aA1.EE Prat ~^ ~~ , 0~ ~ lod8~{ Civi (Terk FIRST SELECT CORPORATION : IN THE COURT OF COMMON PLEAS Plainti~f :CUMBERLAND, PENNSYLVANIA VS. I N0.0031356CIVIL JOEL N BRYAN CIVIL ACTION -LAW OF JUDGMENT THIS INDENTURE, made 's 27th day of December, 2002 between First Select Inc. (the "Assignor"), 1600 Ormsby tation Court, Louisville,. Kentucky 40223, and Credigy Receivables Inc. (the "Assignee"), 877 Paradise Road, Suite 303, Las Vegas, NV 89109. WHEREAS, Judgment was ntered in the above referenced Court in favor of First Select, Inc., and against JOEL N BRYAN i the sum of $2471.68 plus interest on 8/18/2003; and WHEREAS, the Assignee NOW THEREFORE WIT received, has sold, assigned, and b that may be had or obtained by m The assignee has the right to take a become due on said Judgment; and same. The Assignor hereby cove Assignor will not collect or receiv Abrahamsen and Associates, PC, is IN WITNESS WHEREOF, Assignee the day and year first abo~ First Select, Inc., Assignor By: Credigy Receivables Inc., A Attorney in Fact for First Select, (Signature on Following now the owner of said Judgment, 1ESSETH, that the Assignor, for valuable consideration uisferred to the Assignee the said Judgment and all monies ;ans thereof, or upon any proceedings to be had thereupon. l lawful proceedings for the recovery of the money due or to upon payment, to acknowledge satisfaction or discharge the Hants that said judgment remains unsatisfied and that the the same or any part by the Assignee; and that Edwin A. retained as the attorney for plaintiff. is assignment has been duly executed by the Assignor and written. Credigy Receivables Inc., Assignee as (Signature on Following Page) -~ ~~ psis Vice President Credi Receivables Inc. See Exhibit "A" Dated: ~ ~~, STATE OF GEORGIA ) SS: COUNTY OF FORSYTH ) BY: Emily oods Assistant Vice President Credigy Receivables Inc. Dated: foregoing instrument was s I orn to and subscribed before me this ~ day of ~9,~ , 2008 by Katresh Hughley and Emily Woods, personally known to me to be ivied dual whose name is subsc 'bed to the within instrument. A1R LIC My Commission expires ~ 2-01 ~-- ``,~~~~Itil I iIl y~~~''i `~~~. ~~'NA HUTC•'. ~ •'~o~M~sS~o' .~'i'. :~'~ ~•~. q r8 R' m:z= 2p ~. :. ~. r2 °~ ~,~ , .~.: %%,,m~~~~ua° ~, Pursuant to a Power of Attorney dated July 30, 2004, see Attached Exhibit "A" -Power of Attorney. L ~ '1 t~0 ,~ ~k 4 ~.~ ..._ Q ~ " 6' t11 r o ~ ~ Sti ~- ~ 9J ~ t„ ~:r r s ~ m 3> ~= ~_ ~ ~ ~~ ~- ~. , . ~~ 4 ~A ~ 4 . ~ 'D ~~.', os - ~ag~ C ~~; c ~~-~ FIRST SELECT CORPORATION : IN THE COURT OF COMMON PLEAS Plaintiff ~ :CUMBERLAND, PENNSYLVANIA VS. N0.0031356CIVIL JOEL N BRYAN CIVIL ACTION -LAW Defendant i WITiHDRAWAL OF APPEARANCE -T TO THE PROTHONOTARY: Kindly withdraw from appearance William I olczan of Weltman, Weinberg, and Reis Co. LPA on behalf of plaintiff, First Select Corporation, in connection with the bove matter. I BY: ~/~~ 1 William Molczan Attorney I.D. # 47 37 Weltman, Weinberg, and Reis Co., LPA 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 TO THE PROTHONOTARY: ENTRY OF APPEARANCE Kindly enter an appearance for Michael chford of Edwin A. Abrahamsen and Associates, PC on behalf of plaintiff, First Select Corporation, in connection with the bove matter. '~~ , /~ ~ ~ /`~i ~ - Michael Ratchford Attorney I.D. #862 Edwin A. Abrah e 1729 Pittson Avenue Scranton, PA 18504 and Associates, PC ~-b1~3 G~ '~ ~ ~., m a ~ ri. --~ ~~ ' '' w ' . _~ s_. _, ~ IN THE COURT OF COMMONf PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i CREDIGY RECEIVABLES IN~ Vs. JOEL N. BRYAN CIVIL ACTION LAW No 08-6284 CIVIL TERM WRIT OF REVIVAL TO JOEL N. BRYAN 4 Fairfield Street, Apt 1 Newville, PA 17241-1306 You are notified that the the judgment entered to The Plaintiff claims that the You are required within twen plead to this Writ. If you fail Costs $ 165.56 PD ATTY 3.00 DUE CO .50 Date 10/23/08 commenced a proceeding to revive and continue the lien of No. 03-1356 Civil Term due and unpaid is $2,471.68 with interest from 8/18/03. (20) days after service of this Writ to file an answer or otherwise, do so, Judgment of revival will be entered. C 's R L g, othono ry Deputy (Seal) Attorney for the Plaintiff MICHAEL F. RATCHFORD, EI EDWIN A. ABRAHAMSEN & 1729 PITTSON AVENUE SCRANTON, PA 18504 570-558-5510 ID #86285 SOCAITES, P.C. 11 ~''~ ~. L o 0 a~