HomeMy WebLinkAbout01-2821nm 4E1
I 111.7,g);
Kathryn Wakefield,Esq. '1(-)
do Claims Recovery Systems, Inc. (2D/6
P.O.Box 703 y
i
Carnegie,PA 15106I
412-276-6870 Fax:412-276-6763 C4J/4/6,F_R (•
PEiloaisf'11° CC/
Attorney for Plaintiff LVAN LISTy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
Claims Recovery Systems, Inc., )
Assignee of Remit Corporation, )
)
Plaintiff, )
)
vs. ) NO.: 2001-02821
)
ERIC MASSEY, )
)
Defendant. )
PRAECIPE TO MARK JUDGMENT TO THE USE OF ASSIGNEE
TO THE OFFICE OF THE PROTHONOTARY:
In accordance with the Assignment of Judgment duly executed by the Remit
Corporation, as Assignee of original judgment creditor, Credigy Receivables, and attached
hereto, kindly mark the judgment in the above case to the use of Claims Recovery Systems, Inc.,
upon payment of your costs only.
The precise address for Claims Recovery Systems, Inc. is set forth in the above
caption.
Respectfully ubmitted,
'........11111111111111111111111%.„,,ir
Dated: 11Z---3)
Kathy," Wakefield, Esq.
PA I.D. #85395
Attorney for Plaintiff
Attachment: 2 pages 0041
cot poe9vive
35sw-r-1
ASSIGNMENT OF JUDGMENT AND JUDGMENT LIEN
For valuable consideration, in hand paid, the receipt and adequacy of which are hereby
acknowledged, CREDIGY RECEIVABLES, INC., a Nevada corporation ("Assignor"), hereby sells,
transfers, assigns and sets over to REMIT CORPORATION, ("Assignee") all of Assignor's right, title
and interest in the hereinafter described Judgment and any judgment liens created thereby:
Court and County: COURT OF COMMON PLEAS, CUMBERLAND
Docket Number: 2001-02821;
Defendant's Name(s) ERIC K MASSEY
Date of Judgment: 5/10/2001;
Assignor makes no representation, warranty or guaranty as to the collectability or validity of the
Judgment hereby assigned,and in case of non-payment or non-collectability of such assigned Judgment,
no recourse shall be had against Assignor, except, however, that Assignor does expressly warrant that
it is the owner and holder of the judgment and judgment lien assigned herein.
IN WITNESS WHEREOF, Assignor has caused this Assignment to be executed this )?j day
of S r aver- , 20114.
CREDIGY RECEIVABLES, INC.
yv -Uk
Assistant Vice Preside of Credigy Receivables Inc.,
a Nevada corporation ("CRI") as attorney-in-fact
pursuant to Power of Attorney, dated as of December
30, 2002, granted by First Select, Inc., a Delaware
corporation, in favor of CRI, a copy of which is
attached as Exhibit A hereto
STATE OF GEORGIA §
COUNTY OF GWINNETT §
This instrument was acknowledged before me, a Notary Public in and for the said County
and State, by Thania Acosta , Assistant Vice President of Credigy Receivables Inc.,
on this date. Given under my hand and seal of office on the day of
Tt V ,-2$i-3Zot ( / /
/ ,OM /A
NOTARY PUBLIC - STATE OF GEORGIA
Miriam Torres
NOTARY PUBLIC
Gwinnett County, GEORGIA
My Comm. Expires
04/09/2017
• EXHIBIT "A"
POWER 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
("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 itor 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)
1
(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 30Th, 2002.
FIRST SELECT, INC.
By.
Name: A---evio 4k-AA0 AYI1&-
Title: c.,C.;ec 1-1.-.4.c.4 At ogi
40576533.2
Power ofAttormy(Agreement)
2
11
Bill of Sale
•
First Select, Inc., for value received and in accordance with the terms of the Purchase and
Sale Agreement between First Select, Inc. acid Credigy Receivables Inc. ("PURCHASER"),
dated as of December 27, 2002 (the "Ageemeni"), does hereby sell,, assign arid transfer to
PURCHASER, its successors and assigns, all right, ale and interest in and, to the Acquired
Assets, without recourse and without representation or warranty, including without limitation
relating to collectibility, except to the extent of any representtfions or wa tarries expressly stated
in the Agreement.
Executed cm 30; rra
1
FIRST SELECT,. C.� •
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