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HomeMy WebLinkAbout08-0324IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, Plaintiff VS. : CIVIL-LAW FONDA L. ZEIGLER, DOCKET NO. 08 Defendant ?L 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 J. VO CKER, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, Plaintiff vs. : CIVIL-LAW FONDA L. ZEIGLER, DOCKET NO. 07-3-7-V 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: 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 and is the assignee of Unifimd CCR Partners. Copies of the documents assigning all relevant rights with reference to the present action to the Remit Corporation are attached hereto, incorporated herein and referred to hereafter as Exhibits A and B. 2. The Defendant, Fonda L. Zeigler, is an adult individual residing at 720 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant obtained a First Card Conversion Visa credit card on or about February 1, 1997, from Chase Bank USA, National Association, (hereinafter "original creditor"), Account number 4366 1630 7289 5242. 4. Unifund CCR Partners, assignee of Palisades Collection, LLC, placed this account with Remit Corporation for collection purposed, including litigation. A copy of the Affidavit of Indebtedness is attached hereto and labeled as Exhibit B. 5. Defendant used the extended credit leaving an unpaid balance of $12,471.49 with interest continuing to accrue at 6.00% per annum. 6. Defendant's last payment on this account was made on or about June 23, 2005. 7. To date the balance is $10,610.44 principal and $1,861.05 interest for a total of $12,471.49. COUNT 1 BREACH OF EXPRESS CONTRACT 8. The preceding paragraphs are incorporated herein by reference and made a part thereof as if fully set forth herein. 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/her account. 10. The reasonable charges and expenses owing for the credit card purchases, cash advances, balance transfers, fees and interest is $12,471.49. 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 $12,471.49. 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 the written agreement is attached hereto, incorporated herein and referred to hereafter as Exhibit C. WHEREFORE, Plaintiff, Remit Corporation, assignee of Unifund CCR Partners, demands judgment against the Defendant in the amount of $12,471.49 together with interest, costs, attorney fees and such further and additional relief as this Honorable Court deems just and equitable. COUNT U BREACH OF IMPLIED 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 within the law exists. 16. At all times relevant hereto, Defendant was aware that the original creditor was extending credit services to Defendant 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 Defendant's benefit. 18. The total reasonable value of the Defendant's use of the credit extended by original creditor is $12,471.49. 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 assignment of this account, Defendant is indebted to the Plaintiff in the amount of $12,471.49. WHEREFORE, Plaintiff, Remit Corporation, assignee of Unifund CCR Partners, demands judgment against Defendant in the amount of $12,471.49, together with interest, costs, attorney fees and such further and additional relief as this Honorable Court deems just and equitable. COUNT III QUANTUM MERIUT/UNdUST 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 Defendant is allowed to retain the benefit resulting from Defendant's 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 Defendant's 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 $12,471.49. 28. By virtue of the Plaintiff's assignment of this account, Plaintiff, Remit Corporation is entitled to $12,471.49 from the Defendant and frequent demand for said sums has been made and the Defendant has failed and refused to pay the same. ASSIGNMENT OF CLAIM PURSUANT TO PENNSYLVANIA ACT 219 OF 1990 For value received, the undersigned: Unifund CCR Partners assigns to: The Remit Corporation doing business at: 36 W Main Street PO Box 7 Bloomsburg, PA 17815 a debt due to the undersigned from: ZEIGLER, FONDA L # 435062 4366163072895242 for the sum of $12,471.49 arising from unpaid credit card services with interest accruing at 6.00% per annum. The said sum is justly due to the undersigned without offset or defense. The undersigned neither transfers to The Remit Corporation, nor expects The Remit Corporation to assume, any obligation or any liability of the assignor to the said debt. The undersigned has done nothing and will do nothing to discharge the debt or hinder its collection and hereby grants to The Remit Corporation the full power and authority, to bill and collect the aforesaid claim, in accordance with Pennsylvania Act 219 of 1990, Section 2, as it amends Title 18 regarding Section 7311, including to sue for, (in its own name, through a licensed attorney) and discharge the assigned debt. The Remit Corporation specifically agrees to comply with the Pennsylvania Act of December 17, 1968, P.L. 1224, No. 387 (known as the Unfair Trade Practices and Consumer Protection Law), and with the regulations promulgated under that Act pursuant to this assignment. Dated this 26th day of October, 2007. Authors Signature: Josep u Unifund CCR Partners EXHIBIT 1 ----- A-? AFFIDAVIT OF INDEBTEDNESS State of Ohio ) County of Hamilton ) ss. Kim Kenney, being sworn, deposes and says that she is an authorized representative of Unifund CCR Partners, servicer, which is doing business at 10625 Techwoods Circle, Cincinnati, Ohio 45242, and that she is authorized to make the following statements and representations which are within her personal knowledge, and that she is competent to testify to the matters stated herein. To the best of her knowledge the Defendant is not now in the Military Service as defined in the Soldier's and Sailor's Civil RefiefAct of 1940 and amendments thereto. There is due and payable from FONDA L ZEIGLER, Account Number 4366163072895242, the amount of $12379.37. This account was issued under the name of FIRST CARD CONV and acquired from Chase Bank USA NA. Said' account -has been'foiwarded fo ItE11?IIT Corporation, as attorney for-Plaintiff Uiiil'urid' CCK Partners . assignee of Palisades Collection LLC, for the purpose of the commencement of a legal suit, with full power and authority to do and perform all acts necessary for the collection, adjustment, compromise or satisfaction of said claim as permitted by law. I do solemnly declare and affirm under the penalties of perjury that the matters set forth above are true and correct to the best of my knowledge. this 08/17/2007 CCR PARTNERS By: Kim Kenney. Authorized Reeresentative Title I hereby certify that on 08/17/2007, before me, the State/County aforesaid, personally appeared the ab, form of law. `\``??{1111 I? ?1 A ..... ire =E O1'ARY pUBIIC a S N S Comm TATE OF 01410 ,OF..ON`0\`\\\\??? July 4 20. E 1r2s 634 10625 Techwoods Circle Cincinnati OH 45242 Address a Nttary Public for the affianand made oath in due EXHIBIT a My commission Expires a 31 g Vi 3 -arf I I I It A z a m I 0 I cl O Cy ?o m? r N s a w < Mj ar fill all g s? a IV 4 it a gF R s jig Qa ? $ , Ir tea.85? 7 1 r st c $ a < a .c L4 df C 52 _L _? yg s 11.011. 1 n''$ Lr 'T a 11?i MW > w I w i ; 11 0 ff a ^IT N i s s $ rn M? ? ?•? ?"? .. ? ? X76 ?? bo??h? c .? ?? v.r 72 m 72 3 In ? Cr 3 ' g Pd I'D CD IA EXHIBIT S 0- 1 c N $ y Q D CI y a7 ? ? D? es V Si 11-i"Wiill F f c A I. [ is, ?,e n? $ a -9, 6 or m 6 a ?t' y P a [Ilia a ?' s ? -. a ?• $ Q -- ? ? ?• ? HFor 91--gm 11 $ge3 i'r 8. 1.9 a ? s g y rit ar ll, 3 a??? F st ? S o Jilin v? Q I sr x ,A I$' e ? H sR a s. g -q _ I S a' . A 1 Hit as fit IFill ST ?. If fig •?iYi? ? 1 H. ?$. muff Q CL la.,°? ?,. R g'?a ° FE AL WO OIL IS a ? - 73 a!z 13 ;Q a? fit a 5 w : dD wig sa 19 I Q 3 ? ? a A? if f i`f,. rte. ''7Yt ?,g Ira ui S F? s? SL Mail 'IT a TA s Npe g P 7 s ? rn cr a i $ J'i gill, 4a 0. fl! s a : aR ;T - ° Q? N $F'a s, sit a4l ,? spa s. ate, a? s g. b , H 'a" a N I. MITI is ? d o maR.oT! rn jig bmixs g a?3 cr lipf +i .lea. s p S Q jTWS Ids jjYj alI 2 t Q ? 1q, all u? s 9.13 fa s191 jar -? n ? ?? $ . a ? I at, I I [. SL ?. 'L a 7 P4' g ? .?? st g J• as-1 a Nw. ?s, CL 9 ?. ?r R 3411 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 unswom falsification to authorities. -6i? Harry A4Strser, III, Remit Corporation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, Plaintiff VS. : CIVIL-LAW FONDA L. ZEIGLER, 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. ?r? Dated this day of ?V4v??,2007 Laurinda J. Voelc r, Esquire Attorney For Remit Corporation Attorney ID 82706 36 West Main Street Bloomsburg, PA 17815 (570) 387-1873 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 NOV-09-2007 09:28:35 < Last Name First/Middle Begin Date Active Duty Status Service/Agency ZEIGLER FONDA L 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. 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: hip://www.defenselink.mil/faA/pis/PC09SLDR.htrnl WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 11/09/2007 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BVBYDKTXKOD https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 11/09/2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, Plaintiff VS. CIVIL-LAW FONDA L. ZEIGLER, Defendant DOCKET NO. 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: Fonda L. Zeigler 720 Cranes Gap Road Carlisle, PA 17013 Respectfully submitted, Laurinda J. Volcker, Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 570-387-6470 su w -4111* W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, Plaintiff VS. CIVIL-LAW FONDA L. ZEIGLER, DOCKET NO. Q Defendant $ 13Z/ 10 !?,Q 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. EL R, ESQUIRE Attorney No. 82706 36 W Main St Bloomsburg, PA 17815 (570) 387-1873 c3 ; _7 G`7 SHERIFF'S RETURN - REGULAR CASE NO: 2008-00324 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REMIT CORPORATION VS ZEIGLER FONDA L KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon ZEIGLER FONDA L the DEFENDANT , at 1535:00 HOURS, on the 16th day of January , 2008 at 720 CRANES GAP ROAD CARLISLE, PA 17013 by handing to KEN WELSH, ADULT IN CHARGE a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.80 .op Affidavit 00 Surcharge 10.00 R. Thomas Kline 00 3 01/17/2008 REMIT CORPORATION Sworn and Subscibed to By: before me this day ep ty S e iff of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, Plaintiff VS. FONDA L. ZEIGLER, Defendant : CIVIL-LAW : DOCKET NO. 08-00324 PRAECIPE FOR IJDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment against Defendant in the above captioned matter as follows: Real debt $12,471.49 Attorney Fees $ 2,652.61 Costs $ 111.30 Default judgment $ 14.00 Interest from Jan 16, 2007 $ 62.36 Total: $15,311.76 Kindly assess damages against Defendant in the sum of $15,311.76 plus continuing interest at the statutory rate of 6%. BY: 4i'a? Laurinda J. Voelel er, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, Plaintiff vs. FONDA L. ZEIGLER, Defendant TO: Fonda L. Zeigler 720 Cranes Gap Road Carlisle, PA 17013 CIVIL-LAW DOCKET NO. 08-00324 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Judgment by Default Money Judgment Judgment in Replevin Judgment of Possession Judgment on Award on Arbitration Judgment on Verdict Judgment on Court findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: LAURINDA J. VOELCKER, ESQUIRE AT THIS TELEPHONE NUMBER: 570-387-1873 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, Plaintiff vs. : CIVIL-LAW FONDA L. ZEIGLER, DOCKET NO. 08-00324 Defendant CERTIFICATION OF TEN (10) DAY NOTICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: I, LAURINDA J. VOELCKER, ESQUIRE, hereby swear and certify that I served a copy of the Ten (10) Day Notice by regular mail to Defendant on February 6, 2008. BY: ;"i fzl,?W4?? Laurinda J. Voe cker, Esq. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, Plaintiff vs. : CIVIL-LAW FONDA L. ZEIGLER, DOCKET NO. 08-00324 Defendant ; NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: Fonda L. Zeigler DATE OF NOTICE: February 6, 2008 720 Cranes Gap Road Carlisle, PA 17013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Lawyer Referral Service 100 South Street, PO Box 186 Harrisburg, PA 17108 800-692-7375 717-238-6807 RE CO TI Laurinda J. Voel er, Esquire Remit Corporation PO Box 7 Bloomsburg, PA 17815 570-387-1873 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 Mailed to: Fonda L. Zeigler 720 Cranes Gap Road Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, Plaintiff VS. : CIVIL-LAW FONDA L. ZEIGLER, DOCKET NO. 08-00324 Defendant AFFIDAVIT OF NON-NULITARY 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. FA Dated this aaday of 'rya ?y 2008 Laurinda J. Voelcko'r, Esquire Attorney For Remit Corporation Attorney ID 82706 36 West Main Street Bloomsburg, PA 17815 (570) 387-1873 . Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 FEB-20-2008 09:28:45 -4( Last Name First/Middle Begin Date Active Duty Status Service/Agency ZEIGLER Fonda L 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. olal )4. 11 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/fac?/pis/PC09SLDR.h_tml 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.ZEMOWMIVAV https://www.dmdc.osd.mil/scra/owa/scra.prq_Select 02/20/2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifiwd CCR, Plaintiff VS. : CIVIL-LAW FONDA L. ZEIGLER, DOCKET NO. 08-00324 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: Fonda L. Zeigler 720 Cranes Gap Road Carlisle, PA 17013 Respectfully submitted, Laurinda J. Voelck, Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 570-387-6470 `? ?:: ; ?? Kw ? T) ? " .? r 1 . ? _. ? ? `_ ?' o r ? _ ? ? t1J ? ? ::3 , _'J oQ "" ' l C` '? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: f I -jell, J 1?5. : ? Confessed Judgment ? Other File No. O ?'' 00 32- -j Amount Due 15- , 3 11,*? (O Interest . )11("03.00 Atty's Comm . Costs f -da TO THE PROTHONOTARY OF THE SAID COURT: LT The undersigned hereby certifies that the below does not arise out of a retail installment We, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of County, for debt, interest and costs, upon the following described property of the defendant (s) .ewI? ? At 0ef?&A&k PRS rjM4r14 i vt ypd?p ?\? °?'S ecoesSiaA . I.,c ` `J.f" L,+ "-? 1."4 . ej+c, ,c?eSFptNS ?Joa )cuwwua? [???? jrt'r?sr tj cr s l lS e`r ( r us 1,r Cl(??T1DY</C ?`{ ?C.' Dlvrs PT4?+Q{ PNs??C f/ StcX PRAECIPE FOR ATTACHMENT EXECUTI N AM's ?`:?'3 S Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis defendant(s) described in the attached exhibit. Date 11 /30'/0:1 Signature: Print Name Address: Attorney for: Telephone: pendens against real estate of the ?un T GeI4cr '3(< ?es? 1- ;%, S4-. 6 1coµ s? C/-- n&k's Pig`, -H gI ?rn sn>- 3,P- s?3 Supreme Court ID No:z`1l f AQY r- 2099 UEC -2 AtVl 1l : C: i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, Plaintiff VS. : CIVIL-LAW FONDA L. ZEIGLER, DOCKET NO. 08-00324 Defendant WAIVER OF WATCHMAN Any deputy sheriff levying upon or attaching any property under within may leave same without a watchmen, in custody of whoever is found in possession, after notifying such person of such levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any such property before sheriff's sale thereof. FONDA L. ZEIGLER, 720 Cranes Gap Road Carlisle, PA 17013 z?? ; 111-15- LPA ID# 82706 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Telephone: 570-387-1873 Fax: 570-387-6474 n('i (t ' s C LU l; 9 G ?_ -2 ti i i ( ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, Plaintiff vs. CIVIL-LAW FONDA L. ZEIGLER, DOCKET NO. 08-00324 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, nor has been in such service within thirty days hereof. 19? ADated this / fday of [ A9 Laurinda J. Voelcker Attorney for Plaintiff Attorney ID 82706 36 West Main Street Bloomsburg, PA 17815 Tel. (570) 387-1873 Fax (570)387-6474 ?t 2CuO DEC; -Z 9 11: 01 Request for. Military Status Department of Defense Manpower Data Center a ' Military Status Report Pursuant to the Service Members Civil Relief Act ?t Page 1 of 2 Nov-19-2009 07:10:26 ,`- Last First/Middle Begin Date Active Duty Status Active Duty End Date Service enc A Name g y Based on the information you have furnished, the DMDC does not possess Z.EIGLER FONDA any information indicating the individual status. 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 Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). 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 DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as 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 status by contacting that person's Service via the "defenselink.mil" URL htto://www.defenselink.mil/faq/-Pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional 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 active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 11/19/2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, Plaintiff VS. CIVIL-LAW FONDA L. ZEIGLER, DOCKET NO. 08-00324 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: FONDA L. ZEIGLER 720 Cranes Gap Road Carlisle, PA 17013 Respectfully Submitted, Laurinda J. oelcker, Esquire Attorney for Plaintiff PA ID#82706 36 West Main Street Bloomsburg, PA 17815 Tel.(570)387-1873 Fax (570)387-6474 r { Y ... .?..,' p y 2 C". C -2 ?' 11 C l zl. ?'v 5D (j. Ct:?Uq 01" Cl- . sa ? ? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-324 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due REMIT CORPORATION ASSIGNEE OF UNIFUND CCR Plaintiff (s) From FONDA L ZEIGLER 720 CRANES GAP ROAD CARLISLE PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY IN DEFENDANT'S POSSESSION, INCLUDING BUT NOT LIMITED TO: VEHICLES, ATVS, BOATS, SNOW BLOWER, RIDING TRACTORS, GUNS, OTHER SPORTING GOODS OR EQUIPMENT, COMPUTERS AND OFFICE EQUIPMENT, ELECTRONICS, COLLECTIONS, JEWELRY, AND OTHER HOUSEHOLD GODDS AND FURNISHINGS. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of 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 $15.311.76 L.L.$0.50 Interest $2,603.00 Atty's Comm % Atty Paid $2.50 Plaintiff Paid $149.30 Due Prothy $2.00 Other Costs Date: DECEMBER 2, 2009 (Seal) is R. Long, tart' By: Deputy REQUESTING PARTY: Name LAURINDA J VOELCKER, ESQ Address: 36 WEST MAIN STREET, BLOOMSBURG, PA 17815 Attorney for: PLAINTIFF Telephone: 750-387-1873 Supreme Court ID No. 82706 C110ty RONNY R. ANDERSON Sheriff JODY S. SMITH Chief Deputy To Whom It May Concern: EDWARD L. SCHORPP Solicitor OFFICE OF THE SHERIFF n Q ; One Courthouse Square, Room 303 Irri Carlisle, Pennsylvania 17013 February 8, 2010 -- +- Remit Corporation •• G' N ^S vs Fonda Zeigler Writ No. 2008-324 Property Claim Determination Reference is made to Property Claim dated January 29, 2010, entered by Kenneth E. Welch, Writ of Execution No. 2008-324 Civil Term, Remit Corporation, Assignee of Unifund CCR vs Fonda L. Zeigler. Ronny R. Anderson, Sheriff, has determined that the claimant, Kenneth E. Welch, in the above mentioned property claim, is the owner of the property set forth in the claim with the exception of the 1999 Yamaha motorcycle, PA Registration CTH25; VIN JYAVP07EXXA001708, which is registered to the defendant Fonda L. Zeigler. cc Laurinda Voelcker, Atty for Plaintiff Fonda Zeigler, Defendant Kenneth Welch, Claimant of Cutor", era tZ& So Answ s: 20 R . Anderson, Sheriff By NOTICE OF PROPERTY CLAIM Remit Corporation, Assignee of Unifund CCR VS Fonda L. Zeigler In the Court of Common Pleas Cumberland County, Pennsylvania No. 2008-324 Civil Term Writ of Execution TO THE DEFENDANT AND ALL OTHER PARTIES IN INTEREST: You are hereby notified that a property claim, a copy of which is attached hereto has been filed by Kenneth E. Welch, claiming property listed therein. Unless an appraisal of the property is requested within (10) days from the date of this notice, the Sheriff without making an appraisal will accept the value of the property set forth in the claim. Date 01-29-10 Cc Linda J. Voelcker, Atty for Plaintiff Fonda L. Zeigler, Defendant Kenneth E. Welch, Claimant ro't S ri of Cumberland County By PROPERTY CLAIM it Cc r P VS TO THE SHERIFF OF CUMBERLAND COUNTY, PENNSYLVANIA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. G k- 30,Lt The property listed below and levied upon in this case is not the property of the defendant, but is the property of the undersigned. A list of the claimed property and the values thereof are: LIST OF PROPERTY VALUE vr'S Tt[ev i" 0Y,%0\1- RNA w.ai (:-4-k [3 0-B, 4 au(Z•s l N e - .r, i f-6ner C 0,0 ? AJ F NO(`CPtCty? ?1nll c VV`L.Aja -T-Qt)V WoLk" l'L.a'krJ maw hlbower- , v\? iV J Roo V Q C , vn i y\ e. - h. "a -Toa S vin \, .li C l o cl, m e N e THE CLAIMANT OBTAINED TITLE TO THE PROPERTY AS FOLLOWR! above list in the property claim are correct and true. to before me M A. ARY PUBUC Carlisle Boro, Cumberland County My C ommission Expires April 4, 2013 being duly swom according to law, deposes and says that the Claimant e.vvet?. we- I C441, `(AO Cwa--e y of 1?d Car,[&le P.a_ iio,3 Cowee 610-- -E005te ours -- See then Pr` VV`. A? (?C ?!`2S C Q? S m. ?V C C^v t^ eCl ?D `? VV` 6,j e - r Date 01 l Z q / / -0 Claimant /C?'???'_ ,I-V State of Pennsylvania: County of Cumberland TAR (- Mw?. W p,3htS Tv VQC Co\,\? Uter TKvs ?E Dvs , ?. s S`?a r•S' Stu ES :11 d b Z W OtOZ VC1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION Plaintiff n CIVIL ACTION -LAW ° - vs. NO. 08-00324 > 1. C. = y FONDA L. ZEIGLER = Defendant ASSIGNMENT OF JUDGMENT KNOW ALL MEN BY THESE PRESENTS, that Remit Corporation in consideration of the prior contractual agreement between the parties, the receipt and sufficiency of which is acknowledged, does hereby grant, bargain, transfer, assign and make over to Unifund Corporation assignee of Palisades Collection, LLC of 10625 Techwoods Cr, Cincinnati, Hamilton County, Ohio, 45242 (hereinafter "Unifund"), its successors and assigns, a certain Judgment recovered by Remit Corporation of 36 West Main St, Bloomsburg, Columbia County, Pennsylvania 17815, in the Cumberland Court of Common Pleas, Cumberland County, Pennsylvania, filed to docket number 08-00324 against Defendant, FONDA L. ZEIGLER, for the sum of $12,596.79 which constitutes damages and costs of suit, plus interest at 6.00% annum from 02/29/2008, together with all the benefits and advantages that may be obtained thereby, and full power to enforce and recover the Judgment to Unifund's own use. Remit Corporation, further authorizes and Empowers the Prothonotary or any attorney on behalf of the Assignee to mark said Judgment to the Assignee's use. $8. oo PO ATT Y e?? las?8 oaiqbg0 a IN WITNESS WHEREOF and intending to be legally bound hereby, Remit Corporation, has executed this -3 day of Assignment 2010. Remit Corporation General Counsel IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION Plaintiff CIVIL ACTION -LAW VS. NO. 08-00324 FONDA L. ZEIGLER Defendant PRAECIPE TO MARK JUDGMENT TO USE OF ASSIGNEE TO: PROTHONOTARY: Please mark the Judgment entered in the above captioned case against the Defendant(s), FONDA L. ZEIGLER, to and for the use of Unifund Corporation assignee of Palisades Collection, LLC, Assignee, as per Assignment of Judgment, a copy of which is attached hereto and made a part hereof as Exhibit A. DATED: BY: Laurmda J. Voe er, Remit Corporation JUDGMENT MARKED TO USE OF ASSIGNEE AND NOW, to wit, this day of , the Judgment entered in the above captioned case against the Defendant (s), FONDA L. ZEIGLER, is hereby marked to and for the use of Unifund Corporation assignee of Palisades Collection, LLC. Prothonotary • ~ ` ~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson _ Sheriff ;•,~ -, ~~~q~a, „r cn.nl~r., Jody S Smith '~~ `•''~ ;, Chief Deputy ~ ~ ' ,~: ``, , . G: ., ,•` Edward L Schorpp t ; Solicitor ~: "•, Remit Corporation Assignee of Unifund CCR vs. Case Number Fonda Zeigler 2008-324 SHERIFF'S RETURN OF SERVICE 01/14/2010 03:08 PM -Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on January 14, 2010 at 1430 hours, he served a true copy of the within writ of execution, upon the defendant, to wit: Fonda Zeigler, by making known unto Ken Welch, Adult in Charge, at 720 Cranes Gap Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. Upon serving the writ of execution, a levy was completed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 01-15-10. 01/29/2010 On Friday, January 29, 2010 at 1153, a property claim was filed by Kenneth E. Welch. All parties notified by mail this date. 02/08/2010 Reference is made to Property Claim dated January 29, 2010, entered by Kenneth E. Welch, Writ of Execution No. 2008-324 Civil Term, Remit Corporation, Assignee of Unifund CCR vs Fonda L. Zeigler. Ronny R. Anderson, Sheriff, has determined that the claimant, Kenneth E. Welch, in the above mentioned property claim, is the owner of the property set forth in the claim with the exception of the 199 Yamaha motorcycle, PA Registration CTH25; VIN JYAVP07EXXA001708, which is registered to the defendant Fonda L. Zeigler. 03/18/2010 12:49 PM -Sale bill posted on 03-18-10 at 1249 hours by Deputy Fry. Sale date set for Tuesday, 04-13-10 at 1500 hours. Copy of sale bill mailed to Attorney Voelcker. 04/13/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned STAYED, per request from plaintiff's attorney. SHERIFF COST: $133.76 April 13, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF ~,-, '' r B -, Sharon R. Lan z ~, q,~.r~C~ Lam' ,jUL ~~ ~1~0 ~-~ 3 `I I WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-324 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due REMIT CORPORATION ASSIGNEE OF UNIFUND CCR Plaintiff (s) From FONDA L ZEIGLER 720 CRANES GAP ROAD CARLISLE PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell ANY AND ALL PERSONAL PROPERTY IN DEFENDANT'S POSSESSION, INCLUDING BUT NOT LIMITED TO: VEHICLES, ATVS, BOATS, SNOW BLOWER, RIDING TRACTORS, GUNS, OTHER SPORTING GOODS OR EQUIPMENT, COMPUTERS AND OFFICE EQUIPMENT, ELECTRONICS, COLLECTIONS, JEWELRY, AND OTHER HOUSEHOLD GODDS AND FURNISHINGS . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of 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 $15.311.76 Interest $2,603.00 Atty's Comm Atty Paid $2.50 Plaintiff Paid $149.30 Date: DECEMBER 2, 2009 (Seal) L.L. $0.50 Due Prothy $2.00 Other Costs Cu R. Long, Pr on ary By: _ REQUESTING PARTY: Name LAURINDA J VOELCKER, ESQ Address: 36 WEST MAIN STREET, BLOOMSBURG, PA 17815 Attorney for: PLAINTIFF Telephone: 750-387-1873 Deputy Supreme Court ID No. 82706