Loading...
HomeMy WebLinkAbout08-6285H - toag'5 IN Credigy Receivables Inc. VS. VANESSA L HORNE 1605 AIRPORT DR MECHANICSBURG PA 17050-2102 NO: 0031353civil D3-i353 aivit i? PRAECIPE FOR WRIT OF REVIVAL TO THE PROTHONOTARY: Please issue writ of evival of lien of judgment entered at this Court at 0031353civil and enter it in the jud ent index against VANESSA L HORNE in the amount of $3,594.82 with interest from May 14, 2003. & Associates, E COURT OF COMMON PLEAS OF ;RLAND COUNTY, PENNSYLVANIA CIVIL DIVISION laintiff Michael F. RJtchf Attorney I.D. No.: Attorney for Plain Aa ? g Ads 0 E7 C Od Q. (7p s= a m ? can O N C+c7 m EXHHIBTT A r • 0 0 (a) Fir Select, Inc., a Delaware corporation (" e 1 ' ), hereby irrevocably constitutes and oints Credigy Receivables, Inc., a Nevada corporation ("Attormev'?, with full power f substitution, acting through any officer, employee or agent appointed by Attorney, as its trio and lawful attorney-in-fact with full irrevocable power and authority in the place and ste of Seller and in its own name, or, if specifically authorized below, in the name of Seller, fro time to time, for the purpose of carrying out the terms of that certain Purchase and Sale Agr ent, dated as of December 27, 2002, by and between Seller and Attomey as Purchaser thereund (collectively, the " eemeat"; capitalized terms used herein and not otherwise de&ned her ' shall have the meanings ascribed to such terms in the Agreement) to take any and all propriate action to arcoinplish, anal to execute and deliver any and all documents and instrum is 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 an 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, craft notes, acceptances, money orders and other remittances received by Seller or Purc er on account of the Acquired Assets; (in) in Attorney's own name, direct any party liable for any payment under or in resp of any of the Acquired Assets to make payment of any and all monies due or to b ome due thereunder, directly to Attorney or Purchaser or as Attorney shall direct; C in Attorney's own name, in sign and endorse any invoices, express bills, drafts again debtors, assigmnents, verifications, and notices in.oonnection with accounts and other cements constituting or related to the Acquired. Assets; (iv) in Attorney's own name, settle, compromise or adjust any suit, action, or proceefttg described above and, in connection therewith, give such discharges or.releases as Attorney may deem amopriate; . (v) commence any other art deemed appropriate by due under the Acquired A (Vi) suits, actions or proceedv enforce any other right in : I proceeding brought aga defend such suit, action such defense in a mane Assets; and power of Attorney (Agreement) in Attorney's own name, file any claim or take or or proceeding in any court of law or equity or otherwise aey for the purpose of collecting any and all such monies s whenever payable; in Attor:ney'a own name, commence and prosecute any of law or equity in any court of competent jurisdiction to Beet of the Acquired Assets; in Attorney's own name, defend any suit, action or ,t Seller with respect to the Acquired Assets if Seller does not proceeding or if Attorney believes that Seller is not pursuing that will ma7dmize the recovery with respect to the Acquired EXHIBIT A O In-fact is disclosed) or desirable to (1) 1 the Accounts (2) sul proceeding or (3) as credit counseling si pleadings, instrume documents as Attor Assets to Purchaser and (viii) (A) in Seller's name (provided Attorney's status as attorney- in Attorney's own name, execute such documents as are necessary Ign Seller's right, title and interest in and to judgments relating to itute Purchaser for Seller as plaintiff in any litigation or bankruptcy m Seller's right, title and interest in Accounts subject to consumer rice agreements and (B) in Attorney's own name, execute such i, assignments, bills, receipts, affidavits, certifications and other y dooms necessary to effectuate the full transfer of the Acquired to assist in the enforcement or collection of -any Acquired Asset; O (b) with the Agreement, do or protest and dishonor of any or in connection with the b granted pursuant to this Pi irrevocable for a period coi months thereafter. Seller hereby authorizes Attorney shall lawfully, and in accordance use to be done by virtue hereof and waives notice of presentment, istrumment endorsed by Attorney pursuant to this Power of Attorney isactions contemplated by the Agreement. The power of attorney rer of Attorney is a power couple with an interest and shall be aencing on the Service Transfer Date and ending twenty-four (24) (c) The powers conferred on Attorney hereunder are solely-to protect Purchaser's interest in the Ac uired Assets and shall not impose any duty upon it to exercise any such powers. Attorney shall of be responsible to Seller for any act taken in good faith and with due care to protect Purchaser' interest, or any failure to take such action. (d) Attorney is subject to the IN WITNESS day of July, 2004. otwithstanding any other provision herein, this Power. of and conditions of the Agmement. the undersigned has executed this Power of Attorney this 30 FIRST SELECT, INC. By: Name: Anthony P. V oto Title Vice Chairman & Chief Financial Officer _V I-L (\. J) Name CoI I toN * 1417067 MftWMAft BOO CotMlyr '- ?Y 1Q EXHIBIT A , I i o ' CALIFORNIA ALL-PUR POSE ACKNOWLEDGMENT State of California I =0j lq=A County of ?O 85. I on JULY so, 2= before me JOA"We J. Jear IJryrAW i' 1bwC_- , ' pats NBms WW Mb or o fh. " ow, NWq personally appeared dWY ?• v DOrC? Wuw(e) of 810MM ? personally known to me X proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/am J..Iov subscribed to the within instrument and # 1417067 acknowledged to me that he/shelthey executed om CaMfanllo the some in his/her/thelr authorized capecity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. i ft=Notwy8WA gnBaeB d Nary Pu01o bm OP ONAL Though the h?fvrmstion below s not required by law, P may prove valuable to persons relying on the document and could prevent utent removal and reattachment of this form to another document Signer's Name: ? Individual Top d 1W* hm Corporate Officer - Title(); 1/10 GHAIPMAN ::-,How !"FNA*1?tAL ? Partner - ? Limited ? G neral ? Attorney In Fact ? Trustee ? Guardian or Conservator ? Other: Description of Attached Document Title or Type of Document: V" °r- AW Document Date: JULY , Zc;04 Signer(s) Other Than Named bove: ?- i Capacity(les) Claimed by Signer Signer Is Representing: VIM tlolcnol NorgMooAoOon • Oi70 G Bob Aw., P.C#. Bm BIOQ • ClbrrioAl. CAY1S7?1104 • ?yx7 PMC W a" Radx: CA TdAft I-MF MW FtA PC- IPWE AND aAW P4F49WhAVt4T Number of Pages: 2 08 -1va8S oi v;1 T." FIRST SELECT CORPORATION : IN THE COURT OF COMMON PLEAS : CUMBERLAND, PENNSYLVANIA VS. : NO.0031353CIVIL VANESSA L HORNE CIVIL ACTION - LAW GNMENT 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, Suite 303, Las Vegas, NV 89109. WHEREAS, Judgment was Inc., and against VANESSA L HO: 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 cov4 Assignor will not collect or receiv Abrahamsen and Associates, PC, is red in the above referenced Court in favor of First Select, in the sum of $3594.82 plus interest on 5/14/2003; and now the owner of said Judgment, ,MSSETH, that the Assignor, for valuable consideration msferred to the Assignee the said Judgment and all monies ;ans thereof, or upon any proceedings to be had thereupon. I lawful proceedings for the recovery of the money due or to upon payment, to acknowledge satisfaction or discharge the rants that said judgment remains unsatisfied and that the the same or any part by the Assignee; and that Edwin A. -etained as the attorney for plaintiff. IN WITNESS WHEREOF,?this assignment has been duly executed by the Assignor and Assignee the day and year first abo a written. First Select, Inc., Assignor By: Credigy Receivables Inc., Assi Attorney in Fact for First Select, In (Signature on Following Credigy Receivables Inc., Assignee as (Signature on Following Page) Assi--ninent cal"Ridgi-nent Select Vs, VANT.ISSA L 1-10 L` ^ A Credigy ReceivE See Exhibit "A" Dated: BY: 491%Awo\- Emilyods Assistant Vice President Credigy Receivables Inc. Dated: ??Jtq 7l u STATE OF GEORGIA ) SS: COUNTY OF FORSYTH 1 The foregoing instrument was s, om to and subscribed before me this day of U ti3 , 2008 by Katres Hughley and Emily Woods, personally known to me to be the i dividual whose name is subsc 'bed to the within instrument. Y"P,I7BtIC ?mission expires 3 'bI t2- ``X?? 1111 I I I I I f l t/ ??' R. m: 18 •? ROI .* 1 Cb. PUB Pursuant to a Power of Attorney Attorney. July 30, 2004, see Attached Exhibit "X'- Power of i irst Sclcct Vs. V \I',"SSA L 1-100 'l R'tF r_ C 3 ?` .t 08 - teas FIRST SELECT CORPORATION Plaintiff VS. VANESSA L HORNE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA NO.0031353CIVIL CIVIL ACTION - LAW 0-,t- vi t lex-M TO THE PROTHONOTARY: Kindly withdraw from appearance Willi arr? Molczan of Weltman, Weinberg, and Reis Co. LPA on behalf of plaintiff, First Select Corporation, in connection with thellabove matter. BY:-?4 William Molczan Attorney I.D. # 4 437 Weltman, Weinberg, and Reis Co., LPA 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 TO THE PROTHONOTARY: Kindly enter an appearance for Michael Ra Select Corporation, in connection with the ENTRY OF APPEARANCE 3 of Edwin A. Abrahamsen and Associates, PC on t matter. B . Michael Ratchford Attorney I.D. # 85 Edwin A. A amsen and Associates, PC 1729 Pittson Avenue Scranton, PA 18504 of plaintiff, First g na ° Co C rn? ?r C (-; IN THE COURT OF CO CREDIGY RECEIVABLES Vs. VANESSA L. HORNE PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW No 08-6285 CIVIL TERM TO VANESSA L. HORNE 1605 Airport Drive Mechanicsburg, PA 17, You are notified that the Plain the judgment entered to The Plaintiff claims that the 2102 WRIT OF REVIVAL has commenced a proceeding to revive and continue the lien of No. 03-1353 Civil Term due and unpaid is $3,594.82 with interest from 5/14/03. You are required within twenty (20) days after service of this Writ to file an answer or otherwise, plead to this Writ. If you fail to do so, Judgment of revival will be entered. Costs $ 129.78 PD ATTY 2.00 DUE CO Date 10/23/08 Cu is R. Long onota (Seal) Attorney for the Plaintiff MICHAEL F. RATCHFORD, E EDWIN A. ABRAHAMSEN & 1729 PITTSON AVENUE SCRANTON, PA 18504 570-558-5510 ID #86285 Deputy , P.C. ??? z 0 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Credigy Receivables Inc. Plaintiff CIVIL DIVISION VS. VANESSA L HORNE Defendant NO: 08-6285-CIVIL PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S RESPONSES TO INTERROGATORIES IN AID OF EXECUTION Plaintiff, Credigy Receivables Inc., by and through its attorneys, Edwin A. Abrahamsen &Associates, P.C., files its Motion to Compel the Defendant's Responses to Interrogatories in Aid of Execution as follows: 1. Plaintiff, Credigy Receivables Inc.,obtained a judgment against the Defendant in regard to an outstanding, past due and defaulted credit card account. 2. On June 01, 2009, Plaintiff served Defendant with Interrogatories in Aid of Execution on the subject judgment. (See, Interrogatories in Aid of Execution dated June 01, 2009, attached hereto and marked Exhibit "A ". ) 3. Defendant failed to respond to the Interrogatories in Aid of Execution within the time permitted by the Pennsylvania Rules of Civil Procedure. 4. On July 27, 2009, Plaintiff sent a letter to remind the Defendant of the past due responses and his duty to provide the same. (See, Correspondence to Defendant, attached hereto and marked Exhibit "B ". ) 5. Defendant still failed and refused to respond to the Interrogatories in Aid of Execution or respond to Plaintiffs counsel in any manner. 6. On January 21, 2009, Plaintiffs counsel notified Defendant that he intended to present to the court the within Motion to Compel Defendant's Response to Interrogatories in Aid of Execution if Defendant continued to fail to provide the responses. (See Correspondence to Defendant, attached hereto and marked Exhibit "C'.) 7. Pursuant to the Pennsylvania Rules of Civil Procedure Defendant should have responded to the Interrogatories within 30 days. 8. More than 30 days have passed since Defendant was served with the Interrogatories in Aid of Execution. WHEREFORE, Plaintiff request this Honorable Court to grant the within Motion to Compel Defendant's Responses to Interrogatories in Aid of Execution and direct Defendant to provide full and complete response to the Interrogatories in Aid of Execution within 20 days upon penalty of sanctions, and that Plaintiff be awarded attorney's fees, costs and such other relief as the court deems just and appropriate. Respectfully submitted, Edwin A, ahamsen & Associates, P.C. Michaelef atchford, Esquire HeiK h K. 'Woodruff, Esquire At.D. Nos: 86285/207805 12 Keyser Ave Scranton, Pa 18504 Phone: 570-558-5510 Fax: 570-558-5511 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Credigy Receivables Inc. Plaintiff CIVIL DIVISION VS. VANESSA L HORNE NO: 08-6285-CIVIL Defendant PLAINTIFF'S BRIEF IN SUPPORT OF ITS MOTION TO COMPEL DEFENDANT'S RESPONSES TO INTERROGATORIES IN AID OF EXECUTION Plaintiff, Credigy Receivables Inc., by and through its attorneys, Edwin A. Abrahamsen & Associates, P.C., submits its Brief in Support of its Motion to Compel the Defendant's Responses to Interrogatories in Aid of Execution as follows: 1. STATEMENT OF FACTS Plaintiff, Credigy Receivables Inc., obtained a judgment against the Defendant in regard to an outstanding, past due and defaulted credit card account. On June 01, 2009, Plaintiff served Defendant with Interrogatories in Aid of Execution of the subject judgment. (See, Interrogatories in Aid of Execution, dated June 01, 2009, attached hereto and marked Exhibit "A.') Defendant failed to respond to the Interrogatories in Aid of Execution within the time permitted by the Pennsylvania Rules of Civil Procedure. On July 27, 2009, Plaintiff sent a letter to Defendant concerning the past due responses. (See, Correspondence attached hereto and marked Exhibit "B.'? Plaintiff still failed and refused to respond to the Interrogatories in Aid of Execution or respond to Plaintiffs counsel in any manner. On January 21, 2009, Plaintiffs counsel notified Defendant that he intended to present to the court the within Motion to Compel Defendant's Response to Interrogatories in Aid of Execution if Defendant continued to fail to provide the responses.(See Correspondence to Defendant, attached hereto and marked Exhibit "C') Pursuant to the Pennsylvania Rules of Civil Procedure Defendant should have responded to the Interrogatories within 30 days. More than 30 days have passed since Defendant was served with the Interrogatories in Aid of Execution. II. QUESTION PRESENTED Whether Plaintiffs Motion to Compel Defendant's responses to discovery requests should be granted when the responses are more than 30 days past due. Suggested answers: Yes III. LEGAL ARGUMENT Pursuant to the Pennsylvania Rules of Civil Procedure Defendant should have responded to the Interrogatories in Aid of Execution within thirty (30) days after service thereof. More than thirty (30) days have passed since defendant was served with the Interrogatories in Aid of Execution, however, Defendant has not answered, objected or responded in any manner to the Interrogatories or to the notice sent by Plaintiffs counsel. IV. CONCLUSION Plaintiff requests this Honorable Court to grant the within Motion to Compel Defendant's Responses to Interrogatories in Aid of Execution and direct Defendant to provide full and complete response to the Interrogatories in Aid of Execution within twenty (20) days upon penalty of sanctions, and that Plaintiff be awarded attorney's fees, costs and such other relief as the court deems just and appropriate. Respectfully submitted, dwin A. Ab sen & Associates, P.C. Michael F. chford, Esquire Attorney IN . No.: 86285 VERIFICATION 1, Michael F. Ratchford, Esquire, attorney for Plaintiff, Credigy Receivables Inc. am fully familiar with the facts set forth in the within Motion to Compel Defendent's Response to Interrogatories in Aid of Execution and am authorized to make this Verification on behalf of Plaintiff. I verify that the facts set forth.in the within Motion are true and correct to the best of my knowledge, information and belief. I know that any false statements are punishable by law pursuant to 18 C.S.A. §4904. EDVM1 A APAAHAI ISEI I M)CHAEL F. RAWHFOPU HEs7FIER F . A'- --IN MFV 454) A I It l It EF• (•F Ft ?.I I R? THE LAW OFFICE OF EDIVIN A. A I:I:.i ti3bl•>•F.N F.• A",*' ItIAT F. z. PC' LYW W,t AA . t A W.1:14A VANESSA I, HORNE 1028 dill Rd MECHANIC:SBURG PA 17040-2102 June 1. 2009 RF:: Crc?liE;y Ruccivahles, Incr(:rcdi?y Rccc atd?Ics Inc. ?s. VANl:Stirt f, I[t)RtF. file ti C:08-0158 R:thUlCV: $2,339.09 Dear SitA-ladant: Inclosed please lind Interrogatories I'M Disco; en' of A%wt% in Aid of E\ectttitm, which base been propounded in accurdance with the applicable }'ennfyl.,tnia Rules ut (Ii?•il f nitedure. full and cornplcte instructions concerning; v0 ur kfuty to An,?ticr acid the penalties tiu failure to Ansacr ore contained in tht Interrogatories. Plea\L read the inttructions Carefully. You are to note %our answers on the original and return it to this oilice after ii is properly notarized. Please be aware that tinder the Rules o( Court, %%e can and %%ill. Ita+e our attomi:5 's I'm and expenses ol'all discovery Proceedings and Nano ion Hearings charimiJ against tiou as "additional costs" rin %hieh %oa will he respltinsihlc, Ill the altetna0vc, wit nuty make arrmpent ms to pay the lml. 1cc owed bethre I114 113411- (?O) days Iu An5v er the Interrogatories expire, Either the balance must be paid w us or the Interroplorics anst?ered "chin thirty (30) d-a}:s lirom the receipt ol-this (ester. '('his is an attempt to coltect a debt and any information obtained will be used fur thm pu")w. This i'; a communication lions a dcht collcclor. U" in A. AhmImmscn R Associait:s, P.C' Itcathcr K. 1h'uixintff, Esquire lilt MitMN AriNuf SUANION. FA 11505 1P) Sig $58.5511 If 15 10.$SR.SSI I IN THECOURT OFCOMMON 1'I.JiASOF t:IJMBER1,ANl) COUNTY PINNSYLVANfA CIVIL DIVISION Cre iigy Receivables. Inc, assignee of Credigy Recei%ables Inc. 111nimliff -?•s• LlT.Q7J?h?RS-CI?'ll. VANESSA I, 1101{NI: I kti ndant 1%TE:RR0(;,%TOR]FS 1:4 OR WNCOVQ(Y OFASSE:T:S IN AID 0E' E'\FC(JTI(0 ' 111RE:CTE;II'1I) .1111K.-MENT UI;ILTUR Because you have failed to pay the full amo unt of the Judgment PrO ithUSK entered against you. the Judgment-Creditor. to who you we indebted. has a right to attempt to enforce tint Judgment bya Judicial Sale (Sherills Sale) of)-rmr assets: and hatLa rig-hi to inquire concerning the eAislencc aad locatiorl jif those asset.. 'I'll ercforc, pursuant ay the applicable Rulcs rtf'Court, Nutt are required to make Nil and complete Answers to the questions set forth in the tuliooing pagrs. These Ansm em mum be made in u ritine_ under oath- within thine (34) days Stier senicc u1xyn %ott You are wm-mod that, should VOLE 1"ril 111 flu S0. lilt' CIAll1 1111~ make an tVdor irnposing ptarishmenl for Cowrnpt orComi, Please, if y ou do not understand,;our duty to anwer these questions. you should consult a lawyer. I kou do not hive or know a lawyer, then you should find r+nt where y nU can Let legal !kelp, such as your local Caunly liar. Assoriutiom or [m%vyi2r Iteferenee Scfvice. Pi)RTIO.NS {)F THE r1PPLICAB.11E 1'LNISti't•I.VANIA kUI.ES (11.' (.I VI I. Pli()t P,I)U f'C:O-'1C :RItiFN I)ISC'()WRY OI' - SS.1-j :5 11-, All) ()F F-----v,n )1' " Rule 31 1 7. Discovery in Aid of Execution. (a) Plaintiff, at am' tulle aAar judgment. hetbre or niter the i,suunce nfo writ orexecutum, may. fire lltc pr;rpase 4 ,t disc,?very cor'assm. of u, dcl4ndant, take tite testis nt,;tm: person, including a clelcndant ur a zirnishec. upon oral C\V[Tdflafinn or written interruealOTies as pmvi(ted by 1110 roles rehaing to Dcpnsjli?ns 111cl Discovm ...... (b) All rcasonahle expenses ill comiection with the discovery ma" he lazed a?,aitlst the defendant as WAS irit is ascerrlined by 111:. dise?ncrs proceedings that he has prrperty liable to execution" (en>pltasis added) Rule 4005. Wrilten 1mcrrwrat4sries to a Party. (a) ......an% pttrn' may wrve alloy any (?fhcr p;trry u•ritlzn iulc:rrc,katorics to b ;insw red bV the party scr%ed ,.... "ho shall Furnish ;ticfl jrtlormition m i5 trnilnhle...... ' Rule 4006. Answers to Writtcn InWlrolUl wrics I,% a 1'trrl\-. (a) ( I ) Arrswu,,r to inlerrt}gan,rics;fr;Ill bi. in writing and under o;lth. The answers shall he tiltisened isltlle spvtts pmvided in the acrrol aluries, lftliem is insufficient space to Snswcr an intermptory, the remainder of the answer shall Ii,)low on a suppleutcntal sheet. rhl (2) Each inlerm;aMry shall bt: wiswureci fully acid compleldy unless objected co. in which event the reasoRti lnr the oblitcekvn shall he ,lmcd Ill llctr of art '1 he allsvel-ing pare shall file and scree a Ci+p? arfhe ;7psclc'rs and ob.jcclions, iraily, %tiidlin 330 davs after the see vice tff fhe intei-rogatories._... "Rule -1419, Sanctions. (a) ( I ) 'Fhc couil may, on motion, make an appropriate order if (i) n petty fails to scrv0 answers. sufficient antiwers, or ohjections to writren imurruiralories under RLIle 400, (c) •The COLI1't. „hen ;tcling under 4ubdiVisi4Ill(ti? Ol this rule. m;t% m;rke,..... (4) an order imposing punishmenr lior contempt....." (emphasis added) INTFRRfIGAI IRI t. Please stale Ilu• 10IILMjjt g; (a)Thr' iilII name, agu artd Roy ial Security nuulbur or'lIic INCrsnn ++ht', is Ilnvwring thew Intcr7ogatories. ANS" F: R: (bJ Phone number. address and ht+u' lung at this adtlrucy. ANS E:R: ?. REA I. ESTA r G: Do you have: an oNnerslrip or in1ere51 in any real estate an?'Wherc in floc United States? 11511, set fottlf a briefdescrilitiun thereof. included oho structure and Iii siir and is pe of cl+trtU'nciiun; the Jocatit,n, induding the stale, aluuty and ItnlnieipAty; Illy V411OR10 Mill l7aaX Rttlllh?l' rl1'tI1C 01richLI IWOrd tllt•reul` wd state tla'tlicr whether yt+u own N solely or together with any other person ur Ilcr,;ons and give their dill names and addresses. A ti514 ER: (h) II'I1f11' 01 the ahuvc Prolicrlics is re riI0QLa_P(:d. ?ullIII Iltc rrnncs,In(I ,ItIjrrsus of lenders, the late and anlututt.,I the nu+ttg?ls e, u'Ilurr it is recorded, die mowlily payments and the balance n('%V clue. AtiSWER: 3. f?(14'F.It\',tiil V'1' t7UNFI'IPA1, or t'(J RPORAT17 ILO.NDS; Stain whether ur tent P U own individually or jointly any- curporate or governtrtent h0tld i. If so, include the f:teC Ltnrtllrnt, serial nuinkrr Und maturity date and state the present location thereat: I f you own any of these Bonds jointly with any other person or persons, give their name and address. 4. STOCKS tiltARES or-1-NI R-K. f: State whether ur not wit own any sttxks, shares or interest in any corporation. or tonirtcorporated association or partnership interest, limited or general and state the location thereof. Include the names and addrescrs vt'ihe organiratiow, and the serial numbers of the share-. or stocks. If sou nu n an?' of the Stocks. Shares or Interest jointy u i I h an% other pennon or tk rsons, ;ive: their name and address. . ANSWER 5. AC('01IN'T'`, State ahetheCor not ?ou maintain an• checking or savings accounts. II'so, state the dame and location of the banks or sasin ,s and loan association or' building and Ivan association or credit union and the branch or hunches thereol; the identificatim, numbr:rs of thosr aCCOUn15, and the amount or amounts Sou have in each account- Ify'nu maintain any orthese jr+inUY wi111 nnother person, give their eta ne and address. Stan whefltiEr sai;:t? dcpnsil, ANSWER: 6. PERSONAL PROPERTY. `irate «hethorr er not you os%n am• per%tmal pro?pers., Include a full description el'all furnishings and anti other items til'Ixrsonal pn)pert} tincludin, je?.cln ).?ith lull cfcuriPtion, ?alue and present location. Slate also) vohelhcr or nol there are tin} cneamhrances tm Mitt property ;and if 50, the ncirne ami address tul the enctunhrunce huller, the date td'the encumbrances, (fie original amount of that encumbrance, the present balance of that encumbrance and the transaction which gave rise to the existence of the encumbrance. If you o?+n a personal pmpem jointly with 8115. Other person or persons, gi?e I h 0 r name and address. MOT M VFlllta.l:S: State whether or nut ; uu own motor vehicles. Include a full description of such motrs r Vehicles includinO color, model. tidy number, serial number and re>tistrntion plate number. Also xhrnr the exact name or names in which the major vehicles are registered. the present ?;aluc of those rnolor vehicles and their present IL,catiOn ;rnd place of rvgUlar sttiragc, rnrtiging «r parking. date also whether rr not there are an?• cactnnhrances till those mutor vehicles and if so, the name and ;address t f the rncurnhmace holkler, the date trl the encurtabrtnce. the original amount of that encumbrance, the present balance of the encurnbrance and the transaction which have rise lo the existence of the encumbrance. ANS" Lk: 8. RENTAI. I?CU?1 'ti: Slalc kliether you are the rcCipienz. dirccth or indirectly, ol'any income for the i-cmal of any real orprrnanal prnpenr:;In(l ifso. state specilicalI} the sourcet,f liasnirnt, the hersun Ito uhorn such pas-mems arc ntatic wnd Al L:ann ounl and (Lat: %diev lhmq ltayinviiI ctrl recei% kl, ANS Fly: Edwin A. Abrahimsen & Asu?Cialcs, P.C. I):4'I'I:D:.Imu• [fir I>! ?} L . unrncls liar I'1;iintiff AF FIIL. ? t'C1U:til'?' t1F' c_tl?[Rt•:Fi[.,?tiU COMMON %%I;A1.1I1OFPE: NSVINAN1A sS Befun me, the undel'siped outlluritk ptrsnnaii% appcarcd .rho, being dull mom according to Im". dcposcs and -,ays Thal the 1i?regoinb Answers m InicrrugainrieS 1:41" 1)iccovcry ol'AsseIS ill Aid ul'Fxrrtrtioll urC true orld Correct iu the NS1 of dic aR"tant'sknoAledge. intotmSliun and Ixlief, IVORN'7U AN0 SIIHSCR111F1) III?FC?RE; MF HIS DAY O • 211 NOTARY PUBLIC A!' I [AN 1 S SIGNATURE AI IAti lti AW)RESS 1 ITI.F: IFF 0F•'VICIA1, EOW?N A, ABRAW&M56N MICnACL r. *^tCnrplio nEATn EM a_ woop*4brr- 'ALSO ME-BEM or rt 0A0 VANFSSA I, I MIME 1028 Mill Rol THE LAW ?FFICE OF CUMN A. ABRAMAMSEN & ASSOCIATES, P.C. WWW. EAA-LAW. COM MECHANICSBURG PA 17050-2102 Rli: Crct itor: Credigy Receivable,., Inc 069inal Creditor: (:ruligy Rcccivablcs 111c. (original Account Nultlher: 53 29000537005578 Balance Due: $2.77;.45 Our File 0: C08-0158 Dear VANI-SSA f. NORNE: Juh• 27, 2tK19 You rceently received a series of Ir ieffoiwories in Aid of Execution fri1111 I'dwin A. Abrahamsen R Associates, I .C. regardinga judgment that has been obtained again, you by C+edr l Recerrnhlns hie, . According to the Pennsylvania Rules ot'Clvil Proccdure, y(?u had thirty days to provide this otlice with your reply to the interrogalories. To date, my otlicu has not rccuivcd a reply. t'lca.se provitic an answcr to Ihuse Interrogalt+ri4s, ell' (:oiita(;t (itlr {tl Ille within t11c 11axt 15 days, or appn1Itriatc stets may he token with the COUrt to wmpcl you U11 ;rrtswer thern_ This is un important mater that requires your utiention. Ve ruly Yvtlrs, 4 .I 4 Ile 7 h, x tuft: E. \liellael F. Ratrhlord. Esq. Fdwin A. Abralianisen R Asmwiales, ['.C, This is a communicalion from a debt collector in an aticmpt to collet a debt. Any iriformaiion obtained will he tuned for that rurpose. 1 20 NORTH KE:YSER AVENLrE • SCRANTON PA 1 4 t3 50a fP) 570.598,551 O l?1 570.558.551 1 EDWIN A. ASRAHAMSEN MICHAEL F, RATCHFORD HEATHER K. WOODRUFF' 'ALSO MEMBER OF FL BAR THE LAW OFFICE OF EDWIN A. ABRAHAMSEN & ASSOCIATES, P.C. WWW.EAA-LAW. COM January 21, 2009 VANESSA L HORNE 1605 AIRPORT DR MECHANICSBURG PA 17050-2102 Re. Credigy Receivables Inc. v. VANESSA L HORNE CUMBERLAND County Civil Action No.:00313353civil Our File #: C08-0158 Dear VANESSA L HORNE: As you know, on November 26, 2008, you were served with Interrogatories in Aid of Execution in regard to the above-noted matter, to which you have failed to respond. As a result, please be advised that if I do not receive your responses within ten (10) days of the date of this letter, I intend to file a Motion to Compel your Responses to Interrogatories in Aid of Execution in the CUMBERLAND Court of Common Pleas. If you wish to discuss this issue or a reasonable resolution of this matter, please contact me at 570-558-5510. Thank you. Edw'n A. Aorahamsen & Associates, P.C. Michael F. Ratchf0 , sq. This is a communication from a debt collector in an atte? collect a debt. Any information obtained will be used for that purpose. 1 729 PITTSTON AVE. 0 SCRANTON, PA 1 8505 0 (P) 570.558.551 0 - (F) 570.555.551 1 Credigy Receivables Inc. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. VANESSA L HORNE Defendant • CIVIL DIVISION • NO: 08-6285-CIVIL CERTIFICATE OF SERVICE I, Michael F. Ratchford, Esquire, hereby certify that I caused a true and correct copy of the within Motion to Compel Defendant's Responses to Interrogatories in Aid of Execution, Brief in Support thereof, Notice of Presentation and Proposed Order via first class United States Mail, postage prepaid on the date set forth below upon the following: VANESSA L HORNE 1028 Mill Rd MECHANICSBURG PA 1 7050-2 1 02 Date: Michael F. R chford, Attorney I. o.: 86285 uire OF THE PROS f O Z 1 AM 2009 OCT -2 PM 12: SO A NA CREDIGY RECEIVABLES, : IN THE COURT OF COMMON PLEAS OF INC., : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW VANESSA L. HORNE, Defendant NO. 08-6285 CIVIL TERM ORDER OF COURT AND NOW, this 21" day of October, 2009, upon consideration of Plaintiffs Motion To Compel Defendant's Responses to Interrogatories in Aid of Execution, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of the date of this order. ichael F. Ratchford, Esq. Heather K. Woodruff, Esq. Edwin A. Abrahamsen & Associates, P.C.. 120 North Keyser Avenue Scranton, PA 18504 Attorneys for Plaintiff .,-Vanessa L. Horne 1028 Mill Road Mechanicsburg, PA 17050-2102 Defendant, pro Se :rc nn t v 2.2.? Ug BY THE COURT, 20P9 OCT 22 AM 11 ' 2 OU -J! PRAECIPE TO =ISSUE WRIT OF EXECUTION - (MONEY JUDGMENT) RULES PA. R.C.P. 3252,3111 (a) Credigy Receivables, Inc 3950 Johns Creek Court In the Court of Common Pleas of Suwannee, GA 30024 CUMBERLAND County, Pennsylvania Plaintiff Civil Division VS. VANESSA L HORNE NO: 08-6285-CIVIL 1028 Mill Rd MECHANICSBURG PA 17050-2102 Defendant PRAECIPE TO REISSUE WRIT OF EXECUTION VS. AND ATTACHMENT TD BANK(COMMERCE BANK) W191R M4" 4860 CARLISLE PIKE MECHANICSBURG PA (MONEY JUDGMENT) Garnishee To the Prothonotary: TO SATISFY THE JUDGMENT, ISSUE WRIT OF EXECUTON IN THE ABOVE MATTER (1) Directed to the Sheriff of CUMBERLAND County, Pennsylvania; (2) Against: VANESSA L HORNE 1028 Mill Rd MECHANICSBURG PA 17050-2102 of to me" (3) And against: TD BANK(COMMERCE BANK) 4860 CARLISLE PIKE MECHANICSBURG PA (4) and index this writ (a) against Defendant(s) (b) against Garnishee(s), as a lis pendens against the real property of the defendant(s) in the name of the Garnishee(s), any and all accounts of the defendant(s), in the possession of Garnishee, including but not limited to savings account balances; checking account balances; Certificates of Deposit; Money Market Accounts; contents of Safety Deposit Boxes. Defendant's SSN(s): 183-72-2195; (5) Judgment Amount $3,594.82 Interest $ -ow Clerks Fee $ Sheriff $ Poundage $ Total $ Date: October 16, 2009 V " Michael F. Ratchford, Esqui Edwin A. Abrahamsen & Associates, P.C. Attorney for Plaintiff mratchford@eaa-law.com lij TJ? 23 ?as+ ?.S U t{ ?2.vv ? ? ?ss Credigy Receivables, Inc 3950 Johns Creek Court In the Court of Common Pleas of Suwannee, GA 30024 CUMBERLAND County, Pennsylvania Plaintiff Civil Division VS. VANESSA L HORNE NO: 08-6285-CIVIL 1028 Mill Rd MECHANICSBURG PA 17050-2102 Defendant VS. TD BANK(COMMERCE BANK) W`Kl a 4860 CARLISLE PIKE MECHANICSBURG PA Garnishee Praecipe for Entry of Appearance Kindly enter my appearance on behalf of Credigy Receivables, Inc in the above-captioned matter. s WCkkVj Date: October 16, 2009 SignaturePrint Name: Michael F. Ratc rd Es uire Address: 120 North Keyser Avenue Scranton, PA 18504 Telephone No: (570) 558-5510 Ext. 101 Supreme Court ID No: 86285 210 09 0 C! 2 3 i"ll` 11 1, 0: 51 i Credigy Receivables, Inc 3950 Johns Creek Court In the Court of Common Pleas of Suwannee, GA 30024 CUMBERLAND County, Pennsylvania Plaintiff Civil Division vs. VANESSA L HORNE NO: 08-6285-CIVIL 1028 Mill Rd MECHANICSBURG PA 17050-2102 Defendant vs. AFFIDAVIT UNDER SOLDIERS AND SAILORS TD BANK(COMMERCE BANK) RELIEF CIVIL RELIEF ACT OF 1940 AS 4860 CARLISLE PIKE AMENDED MECHANICSBURG PA Garnishee State of Pennsylvania County of CUMBERLAND SS: Michael F. Ratchford, Esquire being duly sworn according to law deposes and says that the above named defendant(s): VANESSA L HORNE; is(are) not in the military service of the United States of America as defined by the Soldiers' and Sailors' Civil Relief Act of 1940 as amended; That the defendant(s): VANESSA L HORNE; is(are) older than eighteen years of age; That the employment status of the defendant(s): VANESSA L O is are) u nown. Michael F. Ratchford, E wire before me this _J-'- _ay of 20O- Loeh Meb6ittiIAnd ivener- Not Public 0 J??NtFNOia?y p?ti P??NNp 0 ?°Ng? ScMV°mm 29 99 - } 2- 3 " '1 lYi WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-6285 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CREDIGY RECEIVABLES, INC., Plaintiff (s) From VANESSA L. HORNE, 1028 MILL RD, MECHANICSBURG, PA 17050-2102 (1) You are directed to levy upon the property of the defendant (s)and to sell . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of TD BANK (COMMERCE BANK) NWA METRO BANK - 4860 CARLISLE PIKE, MECHANICSBURG, PA GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,594.82 Interest $1,388.68 Atty's Comm % Atty Paid $164.78 Plaintiff Paid Date: OCTOBER 23, 2009 (Seal) REQUESTING PARTY: Name MICHAEL F. RATCHFORD, ESQUIRE Address: EDWIN A. ABRAHAMSEN & ASSOCIATES, P.C. 120 NORTH KEYSER AVENUE SCRANTON, PA 18504 Attorney for: PLAINTIFF Telephone: 570-588-5510 EXT. 101 Supreme Court ID No. 86285 L.L.$.50 Due Prothy $2.00 Other Costs Deputy Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor $?Ntitiq of C11146ErJ b OFF : ,E ,F TrF ALEQ-Q-'rICE QF NE F _ Y'. 'NOTARY 2009 NOY -2 PM 2: 28 WUNTY F[ NNSYLV,,NA Credigy Receivables, Inc. Case Number vs. Vanessa L Horne 2008-6285 SHERIFF'S RETURN OF SERVICE 10/28/2009 10:48 AM - Timothy R. Black, Deputy Sheriff, who being duly sworn according to law, states that on October 28, 2009 at 1045 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Vanessa L. Horne, in the hands, possession, or control of the within named garnishee, Metro Bank, 20 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Mary Morgan Kellenr, Customer Service Representative personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on November 2, 2009 to Vanessa L. Horne, at 1028 Mill Road, Mechanicsburg, PA 17050. So Answers, R. Thomas Kline, Sheriff % By;?? puty Sheriff Credigy Receivables, Inc 3950 Johns Creek Court Suwannee, GA 30024 VS. VANESSA L HORNE 1028 Mill Rd MECHANICSBURG PA 17050-2102 VS. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania Plaintiff Civil Division Defendant TD BANK(COMMERCE BANK) hi/14 4860 CARLISLE PIKE txe: do ?LNk- MECHANICSBURG PA Garnishee NO: 08-6285-CIVIL INTERROGATORIES IN ATTACHMENT RE: Execution of Judgment against your depositor VANESSA L HORNE SSN # 183-72-2195 You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you: 1) At the time you were served or at any subseqent time, did the Defendant possess any bank accounts, joint or individual, that were in your custody or control? Please specify joint or individual account. Please list the legal title of any such account(s) an dthe primary account holder and if known whether joint account is entireties property. Defendant has account 536985971 held individually with a balance of $.88. Defendant did not receive $300 exemption. 2) At the time you were served or at any subsequent time, what was the balance and account number of the bank accounts(s) identified in Interrogatory #1? See answer to question 1 3) At the time you were served or at any subsequent time, please list the average daily balance in the past five (5) months for each such account identified in your answer to Interrogatories number one (1) and two (2) above. The avaerage daily balance for account 536985971 is $17.31 4) At the time you were served or at any subsequent time, did the bank account(s) that the Defendant possessed contain fund derived solely from social security funds and/or disability funds? Not to the knowledge of Metro Bank 5) At any time before or after you were served, did the Defendant(s) transfer or deliver any property or money to you or to any person or place pursuant to your direction or consent, and if so, what was the consideration therefore? No 6) At any time after you were served, did you pay, transfer or deliver any money or property to the Defendant(s) or to any person or place pursuant to the Depositor's direction or otherwise discharge any claim of the Depositor against you? no 7) At the time you were served or any subsequent time, did you have, share, or utilize any safe-deposit boxes, pledges, documents of title, securities, notes, coupons, receivable, license, or collateral in which there was an interest claimed by Defendant(s)? no 8) At the time you were served or at any subsequent time did the Defendant(s)accoount contain funds deposited electronically on a recurring basis and which are identified as being exempt from execution, levy or attachment. If so, state the reason for the exemption, the amount being withheld and the entity electronically depositing those funds on a recurring basis. no 9) At the time you were served or at any subsequent time did the defendant have funds on deposit in an accoun in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. Section 8123? If so, identify each account. no 10) Identify every other account (not previously noted) titled in the name of the Defendant(s) in which you believe the Defendant(s) have an interest in whole of part, whether or not styled as a payroll account, individual retirement account, tax acocunt, lottery account, partnership account, joint or tenants by entirety account, insurance account, trust or escrow account, attorney's account, or otherwise. no 11) To the extent that you're above answers depend in whole or part on documents, account records, or other papers or electronic data, describe each in exact detail (or attach a copy of the same). Edwin A. Abrahamsen & Associates, P.C. Michael F. Ratchfor Esquire 120 North Keyser Av nue Scranton, PA 18504 (570) 558-5510 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. § 4904 relating to unsworn falsifications to authorities, that he/she is Jennifer Hilbish (Name) Lem Specialist of Metro Bank, garnishee herein, (Title) (Company) that he/she duly authorized to make this verification, and that the facts set forth in the foregoing Answers to Interrogatories are true and correct to the best of his/her knowledge, information and belief. (SIGNATURE) r: Ti's ., J 1`DIAfY 2009 NOV -G PH Li. 1 I Credigy Receivables Inc. In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division vs. VANESSA L HORNE 1028 Mill Rd NO: 08-6285-CIVIL MECHANICSBURG PA 17050-2102 Defendant Praecipe to Dissolve the Attachment against vs. Garnishee TD BANK(COMMERCE BANK) 4860 CARLISLE PIKE MECHANICSBURG PA _?. .? r Garnishee r- - rn 0 S To the Prothonotary of CUMBERLAND County Pennsylvania: Please enter the above Praecipe to Dissolve the Attachment against Garnishee. Michael F. Ratchford, s Edwin A. Abrahams & Lawyer ID # 86285 Sworn ana subs4pribed before P.C. 000, day 20_0 - P-- Q?? pS1`- 6 4g.Op p a 1\T rn cy-fl cosy a364cpq SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff a??tt4' pt ??urrLrrf r ?? I?? r},r'? Jody S Smith Chief Deputy f, f 0 J ? "g R '1 8'. 43 Richard W Stewart Solicitor rb.4i Credigy Receivables, Inc. vs. Case Number Vanessa L Horne 2008-6285 SHERIFF'S RETURN OF SERVICE 10/28/2009 10:48 AM - Timothy R. Black, Deputy Sheriff, who being duly sworn according to law, states that on October 28, 2009 at 1045 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Vanessa L. Horne, in the hands, possession, or control of the within named garnishee, Metro Bank, 20 Noble Boulevard, Carlisle, Cumberland County, Pennsylvania 17013, by handing to Mary Morgan Kellenr, Customer Service Representative personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on November 2, 2009 to Vanessa L. Horne, at 1028 Mill Road, Mechanicsburg, PA 17050. 07/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $86.60 July 07, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF Sharon R. L n z R .00 mac. C_.'o. X12-# '76? >y c1 countysuite sherft. Tei?"cso{t. Inc. Credigy Receivables Inc. In the Court of Common Pleas of Plaintiff CUMBERLAND County, Pennsylvania Civil Division vs. VANESSA L HORNE NO: 08-6285-CIVIL Defendant Praecipe to Satisfy the Judgment PRAECIPE. TO SATISFY THE JUDGMENT To the Prothonotary of CUMBERLAND County Pennsylvania: -z: _ Please enter the above Praecipe to Satisfy the Judgment. Crx r--- r, ?' "?; _v , ; Thank you, Michael F. Ratchford, Esqu' e Edwin A. Abrahamsen & ssociates, P.C. Lawyer ID # 86285 120 N. Keyser Avenue Scranton PA 18504 ,,I . C 30 9' ?' ?3n,;