HomeMy WebLinkAbout08-6286r
M- 6018(o
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Credigy Receivables Inc
CIVIL DIVISION
Plaintiff
vs.
NO: 0003574civil
DORIS L BENSON a3-57y
323 CASCADE RD
MECHANICSBURG PA
17055-5518
Defendant
PRAECIPE FOR WRIT OF REVIVAL
TO THE PROTHONOTARY:
Please issue writ of revival of lien of judgment entered at this Court at
0003574civil and enter it in the judgment index against DORIS L BENSON in the amount of
$3,408.69 with interest from April 3, 2003.
Abrahamsen & Associates, P.C.
Michael F. Ratchford,
Attorney I.D. No.: 8
Attorney for Plai x
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EXHIBIT A
PO'VfrER OF ATTORNEY - PURCHASE AND SALE AGREEMENT
(a) First Select, Inc., a Delaware corporation ("Seller"), hereby
irrevocably constitutes and appoints Credigy Receivables, Inc., a Nevada corporation
("Alto e "), with full power of substitution, acting through any officer, employee or agent
appointed by Attorney, as its true and lawful attomey-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 u1363r 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's 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 naive, file any claim or take or
co=ence 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;
j (vii) in Attorney's 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
I
Power of Attorney (Agreement)
EXHIBIT 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 couple with an interest and shall be
irrevocable for a period commencing on the Service Transfdr Date and ending twenty-four (24)
months thereafter.
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FIRST SELECT, INC.
•
By.
Name: Anthony F. V oto
Title Vice Chairman &
Chief Financial Officer
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(c) The powers conferred on Attorney hereunder are solely-to protect
Purchaser's interest 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 provision 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 30
day of July, 2004.
Witn s?
Name
W J. J. J
CC*.VIW a 1417067
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EXHIBIT A
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InBLIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
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On Jur-/ before me JoANWE J. Jovm Nar'Arr/ t-Ut31.1a
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Pale Nome and TO of OfA9er ("., "Jane Doe, Noury Publl9y
personally appeared
Name(a) of Signer(s)
? personally known to me
1K proved to me on the basis of satisfactory
evidence
JOANNE J. 10 VE9
O otmnbNon 1417067
Notary ?ubra , CaNtomla
Snntsyafnohco Cofugtr
W Omer Moy 10, 2007
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to be the person(s) whose name(s) is/are
subscribed to the within Instrument and
acknowledged to me that he/she/they executed
the same In his/her/their authorized
capacity(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,
All
Place Notary Seel Above "tun of Nolary Pub9o
OP ZONAL12
Though the Information below is not required by law, It may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: RMVP 'PP= A-7c'F 4W-f FtA PC;HA2W ,414D IsAye P? R6EM ENT
Document Date: Ju W gx:>, 2 0444 Number of Pages: 2-
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
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? Individual op of thumb here.
)[ Corporate Officer-Title(s): VfoE CNAIPNIAN GNiEF f'")µAN?I?.L
? Partner -? Limited ? General
? Attorney In Fact
? Trustee
? Guardian or Conservator
? Other:
Signer Is Representing:
0 1999 NODWA No" AaaCW9on •9939 Co Sow Me., P.O. eve EASE - Chebwodh. CA 91919.2492 -mrene9o 0kWwyar9 Prod. No. 6907 Reader. Col Tdwrw 1.09o-e7 -eve
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FIRST SELECT CORPORATION
Plaintiff
VS.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND, PENNSYLVANIA
: NO. 0003574CIVIL
DORIS L BENSON
: CIVIL ACTION - LAW
Defendant
ASSIGNMENT OF JUDGMENT
THIS INDENTURE, made this 27th day of December, 2002 between First Select Inc.
(the "Assignor"), 1600 Ormsby Station Court, Louisville, Kentucky 40223, and Credigy
Receivables Inc. (the "Assignee"), 2877 Paradise Road, Suite 303, Las Vegas, NV 89109.
WHEREAS, Judgment was entered in the above referenced Court in favor of First Select,
Inc., and against DORIS L BENSON in the sum of $3408.69 plus interest on 4/3/2003; and
WHEREAS, the Assignee is now the owner of said Judgment,
NOW THEREFORE WITNESSETH, that the Assignor, for valuable consideration
received, has sold, assigned, and transferred 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 said judgment remains unsatisfied and that the
Assignor will not collect or receive the same or any part by the Assignee; and that Edwin A.
Abrahamsen and Associates, PC, is retained as the attorney for plaintiff.
IN WITNESS WHEREOF, this assignment has been duly executed by the Assignor and
Assignee the day and year first above written.
First Select, Inc., Assignor
By: Credigy Receivables Inc., Assignee as
Attorney in Fact for First Select, Inc.
(Signature on Following Page)
Credigy Receivables Inc., Assignee
(Signature on Following Page)
BY:
atr sha Hug ley
Assistant Vice President
Credigy Receivables Inc.
See Exhibit "A"
Dated:
STATE OF GEORGIA ) SS:
COUNTY OF FORSYTH )
BY4*_
Emily Assistant Vice President
Credigy Receivables Inc.
Dated: Aa Z?
The foregoing instrument was sworn to and subscribed before me this day of
2008 by Katresha Hughley and Emily Woods, personally known to me to be
the individual whose name is subscribed to the within instrument.
ARY PUBLIC
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Pursuant to a Power of Attorney dated July 30, 2004, see Attached Exhibit "A" - Power of
Attorney.
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FIRST SELECT CORPORATION
vs.
DORIS L BENSON
IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND, PENNSYLVANIA
NO. 0003574CIVIL
CIVIL ACTION - LAW
Defendant
WITHDRAWAL OF APPEARANCE
TO THE PROTHONOTARY:
C 1vi c '(e-rm
Kindly withdraw from appearance William Molczan of Weltman, Weinberg, and Reis Co. LPA on behalf of plaintiff, First
Select Corporation, in connection with the above matter.
BY: ".r
William Molc
Attorney I.D. # 47437
Weltman, Weinberg, and Reis Co., LPA
1400 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter an appearance for Michael Ratchford of Edwin A. Abrahamsen and Associates, PC on behalf of plaintiff, First
Select Corporation, in connection with the above matter.
Attorney I.D. 285
Edwin A. ahamsen and Associates, PC
1729 Pi n Avenue
Scran, PA 18504
C064 A
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CREDIGY RECEIVABLES INC
Vs.
DORIS L. BENSON
TO DORIS L. BENSON
323 Cascade Road
Mechanicsburg, PA 17055-5518
CIVIL ACTION LAW
No 08-6286 CIVIL TERM
WRIT OF REVIVAL
You are notified that the Plaintiff has commenced a proceeding to revive and continue the lien of
the judgment entered to
No. 03-574 Civil Term
The Plaintiff claims that the amount due and unpaid is $3,408.69 with interest from 4/03/03.
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 $ 128.40 PD ATTY
2.00 DUE CO
g, gothonlary
Date 10/23/08 Curtis R. L
(Seal) Deputy
Attorney for the Plaintiff
MICHAEL F. RATCHFORD, ESQUIRE
EDWIN A. ABRAHAMSEN & ASSOCAITES, P.C.
1729 PITTSON AVENUE
SCRANTON, PA 18504
570-558-5510
ID #86285
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Credigy Receivables Inc
In the Court of Common Pleas of
CUMBERLAND County, Pennsylvania
Plaintiff Civil Division
vs.
DORIS L BENSON
323 CASCADE RD
MECHANICSBURG PA 17055-5518
Defendant
NO: 086286CIVILTERM
Praecipe to Satisfy the Judgment
To the Prothonotary of CUMBERLAND County Pennsylvania:
Please enter the above Praecipe to Satisfy the Judgment.
you,
Michael F. Ratchford,
Edwin A. Abrahamsei
Lawyer ID # 86285
juire /
Associates, P.C.
Sworn add subscribed before me
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Notary Public