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HomeMy WebLinkAbout07-7108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. CIVIL-LAW STEVEN PELCZYNSKI, DOCKET NO. 07- '2 / e r C 1 ?-- Defendant NOTICE TO DEFENDANT TO THE DEFENDANT: YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service 100 South Street, PO Box 186 Harrisburg, PA 17108 800-692-7375 717-238-6807 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 LAURINDA . VOELCKER, E IRE Attorney for Plaintiff I ? r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. CIVIL-LAW STEVEN PELCZYNSKI, DOCKET NO. 0'7 'y d 9 Defendant COMPLAINT The Plaintiff, Remit Corporation, by and through its attorney Laurinda J. Voelcker, Esquire, hereby files this Complaint of which the following is a statement: 1. The Plaintiff, the Remit Corporation is a Pennsylvania Corporation doing business at 36 West Main Street, P.O. Box 7, Bloomsburg, Columbia County, Pennsylvania 17815. 2. The Defendant, Steven Pelczynski, is an adult individual residing at 1111 East Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055-5932. 3. Defendant obtained a Fleet Visa credit card on or about June 13, 2001 from Fleet Bank (RI) National Association (hereinafter "original creditor"), Account number 4050 8600 1220 7336. 4. Defendant used the extended credit leaving an unpaid balance of $8,665.45 with interest continuing to accrue at 18.00% per annum. 5. Defendant's last payment on this account was made on or about February, 2006. r . % . 6. On or about August 1, 2007 Remit Corporation purchased the account of Steven Pelczynski from Credigy Receivables, Inc., the previous owner of this account. The sale includes the transfer of all right, title, and interest in the account to Remit Corporation. 7. To date the balance is $3,487.18 principal and $5,178.27 interest for a total of $8,665.45. COUNTI BREACH OF EXPRESS CONTRACT 8. The above paragraphs are incorporated herein as though more fully set forth at length. 9. In consideration of the extension of credit provided by original creditor through a credit card, Defendant agreed to pay for all charges for purchases, balance transfers, cash advances, fees and interest on his account. 10. The reasonable charges and expenses owing for the credit card purchases, cash advances, balance transfers, fees and interest is $8,665.45. 11. Defendant accepted the extension of credit and utilized the credit card without complaint, objection or dispute as to credit services provided, the prices charged for the same or the costs incurred. 12. Defendant is indebted to the Plaintiff in the amount of $8,665.45. Defendant has failed and refused to pay the aforesaid sum despite frequent demand to do so and the same is now due and owing. 13. Defendant's failure to pay is a breach of the express written agreement between the Defendant and original creditor. Pursuant to Pa.R.C.P. No. 1019(i), a copy of this writing is attached hereto, incorporated herein and referred to hereafter as Exhibit A. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against the Defendant in the amount of $8,665.45 together with interest, costs, attorney fees and such further and additional relief as this Honorable Court deems just and equitable. COUNT II BREACH OF IWLIED CONTRACT 14. The preceding paragraphs are incorporated herein by reference and made a part thereof as if fully set forth herein. 15. It is averred, in the alternative, in the paragraphs set forth above, if an express contract between original creditor and Defendant did not exist, that a contract implied by fact or implied by law exists. 16. At all times relevant hereto, Defendant was aware that the original creditor was extending credit services to hun and that the original creditor expected to be paid for the Defendant's use of this credit. 17. Defendant used the credit card to purchase items, and/or transfer balances, and/or obtain cash advances and he received the same to his benefit. 18. The total reasonable value of the Defendant's use of the credit extended by original creditor is $8,665.45. 19. In breach of the implied contract, Defendant has failed and refused to pay the outstanding sum for the credit card use and the same is now due and owing. 20. The Defendant has failed and refused to pay the aforementioned sum despite frequent demand to do so. , . 21. By virtue of Plaintiff's purchase of this account and the assignment of all rights to the Plaintiff, Defendant is indebted to the Plaintiff in the amount of $8,665.45. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $8,665.45, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. COUNT III QUANTUM MERIUT/UNJUST ENRICHMENT 22. The preceding paragraphs are incorporated herein by reference and made a part thereof as if fully set forth herein. 23. Original creditor provided the extension of credit as set forth above with the expectation of receiving payment for all use of this credit including, but not limited to, purchases, cash advances, balance transfers, fees and interest. 24. The credit extended by original creditor benefited Defendant. 25. The Defendant will be unjustly enriched if he is allowed to retain the benefit resulting from his use of the credit card provided by original creditor without having to make reasonable payment for the value of the benefits received from the original creditor's provision of credit. 26. The original creditor was not a volunteer in providing the credit services set forth above and the Defendant understood that original creditor was entitled to compensation based upon his use of the credit card. 27. The reasonable value of the Defendant's use of the credit card including purchases, balances transfers, cash advances, fees and interest is $8,665.45. 28. By virtue of the Plaintiffs purchase of this account along with the assignment of all relevant rights thereto, Plaintiff, Remit Corporation is entitled to $8,665.45 from the Defendant and frequent demand for said sums has been made and the Defendant has failed and refused to pay the same. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $8,665.45, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, , 104 Laurinda J. V elcker, Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 570-387-6470 EXHIBIT A LF40 1401m I41 Fleet Fdlotving is a new AgnameAi gm? mLV your w dl card soaouM from fgset Eaak On NeAwnal Asapolft Wift rafleals hnparlafd W=goe. 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B ? ? ? s PEW e;R1s?gs g'g 'r s 1 600-°, Q S'S L 1?i P. sr 'ced aI -V III s g ? tp-F 13 s.l? s ` p r- e M?Rs??1 ` ?? s 16 a • M VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unworn falsification to authorities. V "Z • A Ree , Re t Corporation . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. CIVIL-LAW STEVEN PELCZYNSKI, DOCKET NO. Defendant AFFIDAVIT OF NON-MILITARY SERVICE The Defendant is not now in the Military Service, as defined in the Soldier's and Sailor's Civil Relief Act of 1940 with amendments, not has been in such service within thirty days hereof. I?K- Dated this day of October, 2007 -A41 ? Laurinda J. lc er, Esquire Attorney For Remit Corporation Attorney ID 82706 36 West Main Street Bloomsburg, PA 17815 (570) 387-1873 Reques` for Military Status Department of Elefense Manpower Data Center ]Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 OCT-29-2007 10:04:37 < Last Name First/Middle Begin Date Active Duty Status Service/Agency PELCIYNSKI Steven M Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that ;you provided, the above is the current status of the individual as to all branches of the Military. At 4 Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http //www.defenselink.mil/fag/ -is/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BCXNXDOOECA https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 10/29/2007 16r ,., A. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. CIVIL-LAW STEVEN PELCZYNSKI, DOCKET NO. Defendant CERTIFICATION OF ADDRESSES I certify that the precise address(es) of Plaintiff and Defendant(s) are as follows: Plaintiff: Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Defendant: Steven Pelczynski 1111 East Lisburn Road Mechanicsburg, PA 17055-5932 Respectfully submitted, ?4 VA Laurinda J. Voe cker, Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 W ui I THE REMIT CORPORATION Laurinda Voelcker, Esquire 36 W. Main St Bloomsburg, PA 17815 Telephone 570-387-6470 Fax 570-387-6474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. STEVEN PELCZYNSKI, Defendant CIVIL-LAW DOCKET NO. d ?7- 7 i b k PRAECIPE FOR ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully Submitted, THE REMIT CORPORATION LAURINDA J. VO CKER, ESQUIRE Attorney For Plaintiff PA ID # 82706 36 W Main St Bloomsburg, PA 17815 570-387-6470 P n :ry f _ SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-07108 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND REMIT CORPORATION VS PELCZYNSKI STEVEN R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT PELCZYNSKI STEVEN but was unable to locate Him in his bailiwick. He therefore returns the t'r1TQT1T T TTTT f TT(1T T t'V NOT FOUND , as to the within named DEFENDANT PELCZYNSKI STEVEN 1111 EAST LISBURN ROAD MECHANICSBURG, PA 17055-5932 PER EX-WIFE, DEFENDANT HAS NOT LIVED AT GIVEN ADDRESS SINCE 2001. Sheriff's Costs: So answers Docketing 18.00 Service 9.60 Not Found 5.00 R. T mas Kline Surcharge 10.00 Sheriff of Cumberland County .00 4!14 42.60 THE REMIT CORPORATION 12/14/2007 Sworn and Subscribed to before me this day of A. D.