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HomeMy WebLinkAbout01-1774NMFile # D163904 FIRST SELECT INC Plaintiff VS. DENNIS G DEITCH Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.: 01-1774 ENTRY OF APPEARANCE Kindly enter my appearance SELECT INC in the above captioned Date: on behalf of the Plaintiff, FIRST matter. By: Ralph lko , ID# 32771 804 West Avenue Jenkintown, PA 19046 1-215-576-1900 WITHDRAWAL OF APPEARANCE Kindly withdraw my appearance on behalf of the Plaintiff, FIRST SELECT INC in the above captioned matter. Date: By: Attorney for Plaintiff ESQ, PRESSLER and PRESSLER, LLP By: Ralph Gulko, Esquire ID No.: 32771 7 Entin Road Parsippany, NJ 07054 (973) 753-5100 FIRST SELECT, INC. : COURT OF COMMON PLEAS : CUMBERLAND COUNTY v. DENNIS G DEITCH : Docket: 01-1774 : CIVIL ACTION ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of New Century Financial Services, Inc., Assignee of Judgment and Judgment Lien previously entered in favor of First Select, Inc., Assignor, in this matter. Date: P&P File Number D163904 /Li Ralph s' lko, ES •, I' Atto �ey for Assignee, New Century Financial Services, Inc. PRESSLER and PRESSLER, LLP By: Ralph Gulko, Esquire ID No.: 32771 7 Entin Road Parsippany, NJ 07054 (973) 753-5100 FIRST SELECT, INC . v. DENNIS G DEITCH P&P File Number D163904 : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : Docket: 01-1774 : CIVIL ACTION PRAECIPE TO DOCKET, MARK JUDGMENT TO THE USE OF AND RECORD ASSIGNMENT OF JUDGMENT AND JUDGMENT LIEN IN FAVOR OF NEW CENTURY FINANCIAL SERVICES, INC. TO THE PROTHONOTARY: Kindly docket, Mark the Judgment to the Use Of New Century Financial Services, Inc. and Record the attached Assignment of Judgment and Judgment Lien in favor of the Plaintiff, First Select, Inc., (Assignor), to the Use Of New Century Financial Services, Inc., (Assignee), in the Civil Docket and Judgment Index. Date: P&P File Number D163904 "ad/ RALPH%e LKO, S ()UIR Atto for Assign:' New Century Financial Services, Inc. ov,0 gcl.sr)pc1 al-ka iio-mcdo8 72-�4 3►Sol l 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 NEW CENTURY FINANCIAL SERVICES, INC a New Jersey 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 COUNTY, PENNSYLVANIA Docket Number: 01-1774 Defendant's Name(s): DEITCH, DENNIS G Date of Judgment: May 16, 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 a day of November, 2013 CREDIGY RECEIVABLES, INC. yk Assistant Vice President 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 ThaniaAcosta , Assistant Vice President of Credigy Receivables Inc, on this date. Given under my hand and seal of office on the a I day of Nov- - ser, 2013. NOTARY PUB IC — OF GEORGIA Miriam Torres NOTARY PUBLIC Gwinnett County, GEORGIA My Comm. Expires 04/09/2017 6` (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. 40576533.2 Power of Attorney (Agreement) FIRST SELECT, CORP. By Name: ficiAliq o y. tft',o-fa Title: 6,C:1e-E (frz::c+M:c- At 64{:t 2 EXHIBIT "A" 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 ofAttorney (Agreement)