HomeMy WebLinkAbout08-0325IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Assignee of Unifund CCR,
Plaintiff
vs.
CIVIL-LAW
DOCKET NO. 08 -
32s
EDWARD L. RIGGLEMAN,
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 fiuther 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 OELCKER, 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
EDWARD L. RIGGLEMAN, DOCKET NO. O F-
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 Unifund 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, Edward L. Riggleman, is an adult individual residing at 90
Fairview Street, Carlisle, Cumberland County, Pennsylvania 17015.
3. Defendant obtained a Household Metris Mastercard credit card on or about July
31, 1995, from HSBC Bank Nevada National Association, (hereinafter "original creditor"),
Account number 5149 5370 3203 7634.
4. Unifund CCR Partners purchased the account of Edward L. Riggleman from
Platinum Capital Investments. 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 $11,191.54 with
interest continuing to accrue at 6.00'/o per annum.
6. Defendant's last payment on this account was made on or about June 7, 2005.
7. To date the balance is $10,063.98 principal and $1,127.56 interest for a total of
$11,191.54.
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 $11,191.54.
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 $11,191.54. 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(1), 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 $11,191.54 together with interest, costs,
attorney fees and such further and additional relief as this Honorable Court deems just and
equitable.
COUNT U
BREACH OF U"LIED 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 $11,191.54.
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 PlaintiffT s assignment of this account, Defendant is indebted to the
Plaintiff in the amount of $11,191.54.
WHEREFORE, Plaintiff, Remit Corporation, assignee of Unifund CCR Partners, demands
judgment against Defendant in the amount of $11,191.54, together with interest, costs, attorney
fees and such further and additional relief as this Honorable Court deems just and equitable.
COUNT III
QUANTUM MERIMUNJUST 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 $11,191.54.
28. By virtue of the PlaintifFs assignment of this account, Plaintiff Remit
Corporation is entitled to $11,191.54 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:
RIGGLEMAN, EDWARD L # 446406
5149537032037634
for the sum of $11,191.54 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.
Authorized Signature: Joseph Lutz
Unifund CCR Partners
EXIi1BIT
fi
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 Relief Act of 1940 and amendments thereto-
There is due and payable from EDWARD L RIGGLEMAN, Account Number 5149537032037634, the
amount of $11170.05.
This account was issued under the name of HSBC BANK NEVADA NA and acquired from Platinum
...._-...._ -- - - - fo - ..T.
Capital eshnenfs.aii?acco-
-untha-s been rwarded to REMI Corporation, as attorney for Plaintiff
Unifund CCR Partners, 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, adjustmcat, 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.
WWYDATED this 1.0/07/2007
CCR PARTNERS
By: Kim Kenney, Authorized Representative
Title
10625 Techwoods Circle Cincinnati, OH 45242
Address
I hereby certify that on 10/07/2007, before me, a subscriber, a
State/County aforesaid, personally appeared t above stated of
form of law.
V CA
. ?.? ......r JENNIFER A p
`
?.??? 1 I.1 ? t4OTARY P s_Ic
t _
.
%R 7
H10
STATE Of
Corn
.ry
=
:
04. 2012
July
.
634
ry Public for the
and made oath in due
My commission Expires
EXNB-1
Household Bank
CARDMEMBER AoREEAmENT
AND DismosujtE STATEMENT
GENERIC AG1119F
Please keep tide with your Important Mm
AGREERM TO TERi UU OF ACOOIINT.DEFjNMON OF PARTIES
In this Cardmember Agreement' and Disctesure Statement and the
enclosed sheet entitled Important Information Regarding Your
Account" (collectively, the "Agreement") and in your monthly
statements, the words "you' and *)VUe refer to all persons named on
the credit card application, Account, credit card or acceptance
certificate, the word "Card" means a single credit card or two or more
credit cards we have Issued to you under this Agreement, the words
'tive", 'ua", and `our" refer to Household Bank (Nevada), N.A., Las
Vegas, Nevada and the word `Account" meanss the open end line of
credit we have established for you and which can be accessed by your
Card or other means approved by us. You may not use your credit card
checks to make paymeiVto us or any bf our affilista
This Agreement (and any amendments) covers your Account with us,
and you and we will be bound by it from the time you receive your Card
or AgreemenL You agree to use this Account only forper4', family,
household or charitable purposes. You may cancel thWAeikmt before
using it without paying any tea, If your Account Is a
and your JJoint Accountholder
responsible each promise to pay are Individually regardless of any divorce or other legal proceedings this Agreement
that may effect liability between you. I or any Agreement
disclaiming liability for amounts owed under any of you glues Agreement, , us notice
we may
close the Account. In that event, we may
outstanding you may continue to pay the
will balance under the terms of this Agreement. However, you
will of be to make azWww charm on the Account.
PROMTOPAY
You promise to pay according to the terms that we requite or request for.
(a) credit efrided by as to you or to awne wham you permit to use
this Account; (b) Finance Charges, late charges, and other
research administrative charges P returned ched charge, overlimit fee and
attorneys'ees as permitted ? (c) collection casts, and
tbes aid (d) credit In excess of
y credit limit a that permitted by applicable lew'
mayeftul to you. We can accept late or partial
payments or checks or money orders marited'Payment In Nl• or
otherwise rmbkttye(y endorsed without waiving our right to tffinedliPaymentIn toil or lowing asyof our tights under this Agreement. ? ?
MAXWW CREOITUMIT
You will not exceed the credit limit that we sot for you. You may obtain
credit by asp means approved by us until the total unpaid balance of
your Account teaches you credit limit At our discretion, we may limit
the amount of any type of transaction on your Account, Including Cash
Advances. You agree that any transaction limitations may change at
am time without notice to you as long as the limit is applied to all or a
substantial portion of our accounts. You agree not to allow your total
unpaid balance, including finance Charges and other charges, to
exceed your credit limit established by us from time to time. We are not
required to make Cash Advances (including accepting credit card
checks or Automated Teller (Machine ("ATM") transactions), or extend
credit for purchases at you request if you have exceeded your credit
EXHIBIT
(2-1
0o c a tnwo:Ere tY °?i'^ ooa w b ee? -.7 s?yY o?oov-, co ^,
C ?'? • a ao 0 0
??gnF?. J. o. ^S?Fnc?d _o
'AP-: • °,
??yy `C }?}5.??LL bap a o •7,' 7
OO^??R?'' JF?4g~Oti? osFi f?7 p??.-?p?°L G
? ? ° ? ? ? ? o ° ? Y,• ?.F+?a? ?• >or° p.?'? ?r ?d x?' ?y ?° ?? `c' T+ ? ? v S° ? a
F R spMb a.1 pO? +•/°d?tX'G ?,CV. ??t'"?6b P. ?'lcRy? ?n y.O-? u
F!'S^° s e~i??or.oo$F Qe p fF °, °rb tl??`d oS ° ar p-? a o?_
? S Q C Rp Sp .. G ? fc w -i
O? ° ? yWp0 n ? COCa `_ `?? ° ?o aypppC °p ???J'S .°•- frp ?P.CF?'I rX? O ?n rl•? ?
° Gp,?a? b o A O s5i? OtR' q? ?' R??b' ^ri ?' '?pI °?• a.? Fn 7 c ?i
:O w°bb O'^AAAQaQ??°i O C.6 O•?b r?y.Cs°P0. ?.• °? .O 7%Ap'J'??-"'+• °?•p O S1s?
3 ?+ x ? ?x E, ° ??e ryg p a s'7 ° ? ? R c ? o 'o .?y ij x ^ S Fa 0 °
_ ?} al P,
?a oMgNe3 ?cbo? S°^ ?o7 C e om o F 4ca p prc9 '; a °ya
a V ?• C F ? go ?4 y M V °?+ aG 7 C ?gj ?C r? ? p ?: a° ?O,. ?w S' p, ° Pi Fi 'J' . yb
•? ? R? ?A O'^ ?C O ?'S7 S? 7?,.?•? ? ES O O ° 6 S? C?j dV G 7
° C?a Q ° !Y u" TT ASR Ov0 6-i F 'J ^ y F< ?+? •s?0
Mz? `i `C ?sry pF.r ' C OS O s? ~?p LFi ?°?. Yf? ?S° • .';. ~?j oOr p n,
t' Pe R f6Y1 0 R ° ?C/ ti7yp ?i '?!-y'37 ° g 3 -°? x c 5 ^ -. ?•`?
.2 p OMy ?j? p.?g ? v ????? N !5s}' ?SsM? O , ^?FQIt?g ?. 'J?•
s TTT l?a1 ?-?•C? RObr o?'CO ? ??.+ fe? ? C.P. O ??S?q e- ?N?
C• V~ n.FOCn.. •?°• ?O °oG?i.{
a 4v piEJ. °i ^g?, G `boCr' E-0
13 WN
1 .1
jr P:9 - u. I F1
Sri. F O _ ° z_ O °° `iP.° .0,.
a° 0. $A a p r- ? ?.
{ cb
0 0 3L`tC1 ?o
. ? ? S
ti _ O? O 7 V
_ z -13
eta` c2 •
oK!'? 7 n
C" 1 O n
n
l7 p i?
IR ? ?-
z ?. o
r
!C'•- 7s ?i
s Kr
u o Rig
w? $ •° ? ° °' ? '?'•ca ? a so l
.C1 P.~VV????A ?OO +Y C?ip`?CTGL?
P S °R•v ?? ri7?g??0 ?r 'OLf i fl?ia!' ?'"?• o'CS$• ° FS[c, rL?
n C.3 s °R FjS+° P ;; 'or b g F? S•,?a -'SHI r- $36
s? o r cap r??y o ?Ga o? K ^ g
y s+ p -.? ?C ?t?y QpF .+O SEP° ? ?? a 14 s ?ea' 9
O b Fn S ZJ.' a P O p F •i" eB c0_ O c+ •3 ` ° c,' ,r ^
c c? Asa `? t''yo "< ?i a •?+n o o "'o °
OR& P.
P P,
=r ?' °' `? E°$ ??r.,a `? ° S c a •e o_ qua n=y.
C??1 ° ° F
° ,' a ?' ? o ? F as ^a° f" ? On- ° cyz
?r.
v ° b^ C ?rJ'• b {°? a £3 ?p° ? 7s ^R??C? d?'? ?? °fi?ie ? Nyo° 7 a F o ?n tyii• GrygC
an
+, t°f iii o -' Jr.a 8 Fes,- ?e? `dam ?n ?p ^b ^o ?7 s d w a o-?l .?R C
d ?' c a??b a ? 1 Cy w?a ?° o''° °•a? o•?p-•.?..?? pi°^., ° •.-?
° ?? ?+ °'' oMS pn^ppyc ?oo S `6p Coa?Cw .CO 9I's
° ? H O O ^ ° °p ?•. b, O' N ° ^ ° ?' O •7 O ? a 1 n ti' C 7.?t O C ? •"iG f 2 .! ,Y F CC.
'? ?Of p O ^ eO? p? r p O.y y o v
7" -CO ???C ~ p_. C C p ° C ^ 4.
a O ?? Y'?P. ?Q7^ rj2?C ?'Q 7pC0.1 P'p?j?¢?'O C OG CO OOn^F -7 7
o^ ??r"? nC•'
. p q ^ J. ° n P• C y j 7?- 5 ?•C O C j "' M ° 'O ?K! p. ? cr ,, 7 O ? p o
0T+ °°ixg Oa.'.cyac'ol' Na
000
., p
rCq"Sp yp °
=• 3 0 0 lb'. ?'i 7 n `? - c ti ` o ^ J }- amt y fx . = -?i rd'
ON z: :4
VATEMEATS
We will send you a statement covering each billing cycle In which you
have a balance in excess of $1 showing (as of the billing cycle):
(a) payments, credits, purchases, Cash Advances, Finance Charges,
and all other charges made to your Account; (b) the minimum payment
you must make (called the `btinimum Payment") and the date It Is-
requested; and (c) your available credit.
P.U MNY
?• * •• Each month you must pay us at least the Minimum Payment reflected on
your statement. We must receive the Minimum Payment withla 25 days
- after the time of the billing cycle (called the 'Payment Due Date). If
ou wi
h
t
i
t
d
Mi
P
ti
h
• y
s
aymen
an
a
, you maypay more than t
mum
e
n
any
me
you maypay the entire amount owed (called'New Balance').
For billing cycles beginning on or alter May 1, 1999, the btinimum '
Payment each month will be equal to the greater of :
(a) (1) 2.5% of the New Balance or S 15, whichever is greater (or the
amount of the New Balance ff less than S15), plus
(in, my pad due amounts appearing on your statement; or
(b) the amount by which the New Balance exceeds your credit limit.
Ali payments by mail must be made by check or money order. You
agree that any payment you make may be returned to you without
applying it to your Account and without presentment or protest, for arty
reason, including If the check or money order 12 (1) not drawn on the
U.S. Post Office or a financial institution located In the United Stater
(2) missing a signature; (9) drawn with different numeric and written
amounts; 14) restrictively endorsed; (5) postdated; (6) not payable to
Househol Credit Services, inc. or Household Bank (Nevada), NA;
(7) not drawn-in U.S. dollars on funds on deposit to the US; (8) not
paid =m, presentment; or (9) drawn on a credit card access or other
checed by Household Bank or Its Mates. You agree to pay alp
bank or financial institution collection fees we incur for any check
payments made In U.S. dollars drawn on a fm3nclal institution not
located In the United States. All payments under this Agreement must
be received at the address specified pp.your billing statement.
Disputed payments, including those marked `Payment in Fill''or
otherwise restrictively endorsed must be mailed to the Customer
' Service address showy on your monthly statement.
FM\TE CHARGES
Finance Charges are the total of (a) periodic Finance Charges and
(b) Cash Advance Fee Finance Charges.
(a) periodic Finance Charges. 'these are computed by multiplying
the'D49y Periodic Rate' by the Average Daily Balance or your
Account and then multiplying the result by the number of days In
the billing cycle. For billing cycles beginning on or after June 1,
1999, to get the'Daijy Balance, we take the beginning debit
balance of your Account each day, add any new purchases and/or
Cash Advances (whether in cash, by credit card check, by ATM or
otherwise), any previous day's periodic Finance Charges, the
Annual Fee (if applicable), Cash Advance fees, any late charges,
any orerlimit fees and other administrathro charges (including
credit life insurance) on your Account, and'subtraet arc payments
and/or credits applied to your Account. If a debit transaction
posts after the beginning of your billing cycle, but the transaction
occurred prior to the beginning of your billing cycle, the daily
balance will be &(lusted to include the transaction amount and
any previous day's periodic Finance Charges, for each day the
transaction was outstanding prior to the beginning of the current
billing cycle. Then we add all the Daily Balances for the baling
cycle together and dMile the total by the number of days In the
billing cycle. This gives is the Avenge Daily Balance.
The Daffy Periodic Rate used to determine your periodic Finance
Charge will be a variable rate which may change.
The Spread, Annual Percentage Rate, Daily Periodic Rate and
=w*.- Y •v '.?''"" minimum rate of Finance Charge for the Customary APR are
shown oh the enclosed sheet entitled *Important Information
Regarding Your AccouoV
The Daily Periodic Rate for the Customary APR will be based on
I/Wth of the sum of the highest Prime Rate published in TAe Wall
Street Journal on the fourth •ihursday of tl„- month Preceding 1
month In which the billing period begins (-Index')-plus the Sp
If The fall Street Journal or the Prime Rate is not published on
fourth Thuvsday, the rate will be determined on the nett day
Prime Rate Is publshed in The W011 Street Jourmf. 7be•;uew t
Periodic Rate is applicable to the billing cycle that begin, on or a
the first day of the next succeeding month.
If your Minimum Payment is made after the Paiment, Due Date
longer payment
lo
be y eligible for any special reduced proreason, motionalAn:
Percentage Rate you may have and your entire balance %-M
changed to the Customary APR.
You qualify for the CustomaryMt as long asyour balknum paytde
recehed and pasted to your Account within 58 dais of the Payment
Date. If your blinimum Payment is 58 or more dais late, your Aca
will no longer be eligible for the C tstomary API and your ec
balance will change to the Default APR, if at aqy time the Custcc
APR exceeds the Default APR, then the (hutomaryAPRwIiI app;
the balance of your Account Your Account may be rewnsidered
lower rate after you re-establish and maintain )our Account in
standing for six consecutht months
For bulling cycles beginning on or after blay 1, 1999, the Daily Per'
Rate for the Default APR will be based on 1/365th of the sum cl
Index pis 211.24% (`Spread") and Is applicable to the bt'llptg cycle
begins on or after the rust day of the next succeeding moatit_
exam for billing cycles beginning December 1, 1994 the
for the Default APR would We been a Daly Periodic :
of.07668% (corresponding t0 a 27.99% ANNUAL PERCEbr-
I=. The mhdmum rate of MMW Rr.F. for the De
APR will be a Daly Periodic Rate of.07668% (corresponding-
27.99% N'" 11 PERCEMA .R -- - increase In the P
Rate will increase your applicable Daily Periodic Rate fo=
Customary and Default APRs, which may Increase the Finance C
and the Minimum Payment due on your Account
For billing cycles beginning on or after May 1, 1999 per-
Finance Charges oa'puichiles begin to accrue on-the date c
purchase transaction (including administrative fees and biller
unpaid Finance Charges) except that no periodic Finance Cl•_
w•DI be incurred on new credit card purchases if the hew Balars
every statement is paid in full within 25 dais after the close e
billing cycle (called your "Grace Period'). If the New Balance
paid in full for W cycle after hawing been paid in full or havittc
a zero balance for the previous cycle, periodic Finance Chary.
be incurred on new credit card purchases comprising'thi
Balance from the transaction date. For arts billing cycle ltnme-=
folbwving one for which therewas a New Balance that was ncc
in full within 25 days following the close of the previous billing c
periodic Finance Chargeswill be incurred on credit card pur_'
from the date of the transaction and on previous(v billed but t=
purchases from the beginning of the current cycle.
'Cash Advances" Include all advances made by cash advancer
the counter, through an ATM, by check or other 'cash-
transactions which trill be determined by us. Periodic 1'i.
Charges on Cash Advances, including advances and purc'.
made by credit card check will accrue from the date of the
Adwnee transaction until the Cash Advance is paid In full. Pe:
Finance Charges on Cash Advances which accrue ante
statement date .will appear on the next statement.
If periodic Finance Charges are to be assessed, all trarim
posted will have periodic Finance (;harges Initially calculate=
the Dally Periodic Rate In effect on the posting date. •
A change In your mailing address may result in a change t:
bUliq cycle.
.(b) Cash Advance Fee Finance Charges. A Finance Charge
computed on tht~ amount of each Cash Advance as of the daLe
transaction. The Cash Advance Fee FINANCE CHARGE for a_
Advances, Including Cash Advances made by credit card cl •
4% of the Cash Advance, with a minimum FINANCE CfivL?
$e.. Any Cash Advance Fee Finance Charge may increase the
Annual Percentage Rate.
br-M MOON-,
MLMIUMFL` SCE CHARGE .ach billing
There will be a llinimu m ,?.,,_E ? M
of payable. Any di+s+:r^?un
tyele in which.a periodic Finance Charge Is pays
finance 'Cha le may Increase the actual Annual Percentage Rate.
ANNUAL FEE
The 'Important Information Regarding Your Account. sheet Indicates
whether or not your Account Is subject to an Annual Fee. If your
Account has an Annual Fee, you agree to pay a non-refundable Annual
Membership Fee for each year your Account Is open In an amount to be
set by us from time to time. You agree that the Annual Fee, U any, will
be charged to your Account.
LATE CHMUE
It we do not receive the Minimum payment within 25 close of the billing cycle, )vu agree to pay a $29 charge. days after the
RETMED CHECK CHARGE
You agree to pay $29 each time your payment on your Account Is
returned unsatisfied by your bank or other financial institution. You
agree that this fee maybe added to your AccouAL
You agree to pay $29 each time a credit card check Is returned
unsatisfied by us for any reason.lhis fee Rtes be added to your Cash
Advance balaace.
OIYRLnQf FEE exceed your
You agree to pay a $29 tee for each billing cycle you
credit limit.
RESEARCH CHARGE and $3 for each
You agree to pay'V for each sales slip copy you request
statement conyou request.
APPLICATION OP PAY)t MIS
Your payments will be allocated In a manner we determine In
accordance with applicable law, and may change from time to time.
CHANGE OP TERMS (leeiudiog Fiaaaee Charges): SUBJECT TO WE XAT
CKAI APPLICABLEREE=r OY ADD hM TERMS AT kilt ? ALUM9 f?
L DMATION ADDLYG 01 MMEASLIG FEES. VXREASIXG YOUR 11OYMY
MINIMUM PAYSIENT AND INCREASING THE RATE 01 AMOUNT OF
FINA CE CIUME, OR MMGING THE METHOD OF COMPUTING THE
BALANCE UPON WHICR FINANCE CHARGES ARE ASSESSED. PRIOR
WRITTV; NOTICE RILL BE PROYIDED TO YOU WHEM REQUIRED BY
APPLICABLE LAW. CHANGES MAY APPLY TO BOTH NEW AND
NST ITMOY AT AYTTDM
AFFILIATES OR TO SMIE OTHER Fl:`iANCU ASSIGN YOUR
DEFALIT 01)1E101VW30NOFAGREE3IFAT ?o
You will be In default under this Agreement upon: (a) yoc??uo failure of
make at least the Miaimum Payirrent when due; (b) you
any other provision of this Agreement; (c) your death; (d) your
becoming the subject of baalauptcy or insolvency proceedingg (e) your
becoming the subject of attachment, foreclosure. repossession, ilea,
judgment or gamisluuent pmceedbv% (1) your failure to supply us with
R=T. warmatlion deem necessary: (1) your supp, Us
with mlOfeadiag, false, Incomplete willing ortunabl perform the
terms receipt or of conditions atoas o of that t this you Ap Agreement; unwilling (L) our receipt of lnlocwatbn
,
from third•partles, including credit reporting agencies, which Indicates
a serious delinquency or dnarge•off with other creditors; a) your default
our
under any other loan or agreement you have with us a now?ur
aMliates;?yourawning out of the U.S. or pm%ift or ?,,.?i??
becoming incompetent; (m) your c+?+?
your c mailing t;n Your ent is retamed unsatisfied br yourbw&
your c IwrPsi" wow; -or o credit card check is
retuurr nnesd dal unpaid by itstitution. for After your ur default, your any hecouht WarAO will
re
continue to accrue finance Charges at the contract rate- privileges under
we have the right to ternnate or suspead your
this Agreement, to change the terms of your Account and this
Agreement, to require you to pay.your entire Account balance Including
all accrued but unpaid charges immediately, and to sue you for what
you owe. You wilt pay our court costs, reasonable attorneys' fees and
other collection costs related to the default to the extent permitted by
the law In the"state In which you reside. Upon default, we will apply
your payments fast to attorneys' fees and then to principal and unpaid
Finance Charges-
CREMA1TfHORILATiONS
Some purchases will require our prior authoriution and you may be
asked by the merchant to provide identification. It our authorization
system is not working, we may not be able to authorise a transaction,
even if you have sufficient available credit. We will not be liable to you
if any of these events happen. We are not responsible for the refusal of
any merchant to accept or honor your Card.
CARD RE.KL'MAL
Cards are Issued with an expiration date.. We have the right not t,
renew your Card for any reason.
CARD CANCELLATION
lye can terminate or reduce your credit limit at any time and for an
reason, subject to the requirements of applicable law. Balance
outstanding under this Agreement when your credit limit Is reduced c
terminated will continue to accrue Finance Charges until paid In to
and are subject to all the terms and conditions of this Agreement. Yc
agree to retdrn to us or destroy your Card(s) and any unused creel
card checks, and we will net honor any credit card check written c
yourAecount Kure receive the check after your Account Is cancelled.
CLOSING YOUR ACCOUNT
You can cancel or close your Account by writing to us at P.O. B
8162, Salinas, CA 93912-1622. Your notice becomes etfective witt
tare days after we receive it. If you cancel the Account, you mi
immediately patty everything you owe us, including azT amounts or
but not yet billed to you. If you do not pay us immediately, outstand
balances will continue to accrue finance and other charges and
subject to the terms and conditions of this Agreement. You also ag
to return your Card(s) and any unused credit card checks to us.
will not honor any credit card check written on your Account If
receive the check after your Account Is closed.
LIABII I FOR UX.i11TRORIMM USE
You should retain coplef of all charge slips until you receive ;
statement, at which time you sbould verify that the charges are
and the amounts unaltered. You may be liable for the unauthorizee
of your credit card. You will not be liable for unauthorized use
occurs after you notify us of the loss, theft or possble unauthorized
Notification must be given by writing us immediately upon
the loss, theft or possible unauthorized use at P.O. Box 816?2, Sal
CA 93912.1622 or by calling us at the phone number listed on
billing statement. In any case, your liability Tor unauthorized v
your credit card will not exeed M. However, unauthorized use
not include use by a person to whom you have given the credit a
authority to use the Account, and you will be liable for all use by s
user. To terminate this authority, you must retrie?t the credit at the af
from the previously authorized user and return whyyoo are doing
mentioned shore along with aletteexplaWng
SECURM
Wee are extending ),ou an v steured line of credit. ITC therefore
Wee are
,=Sage in othinterest that er loan might agreements yoarise under this u may hm*e with us reement
I= OR STOLEN CREDIT CARD CHECKS
You agree to notify us immediately U any credit card checks are
stolen. You may notify as by calling 1-W395-M
CHA\'GE Of KATIE, ADDRi t>ileY ?
you You agree to give prompt notice ame,
address, telephone number or place of employment.
STOP PA13ff1tiT
We wilt add a 329 fee to the Cash Advance balance ea
payment of a credit card check 13 stopped at ty[oour request-
P ing u
0 Bo)x 81622, Salinas, CA 93912-1621 or by Call
telephone number listed on the billing statement. When Y
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.
Harry . Strausser, III, '
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Assignee of Unifund CCR,
Plaintiff
vs.
: CIVIL-LAW
EDWARD L. RIGGLEMAN, DOCKET NO.
Defendant
AFFIDAVIT OF NON-MIIdTARY 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.
Dated this?day of &6e, 2007
Laurinda J. Voelc)cer, 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
40 Military Status Report
Pursuant to the Servicemembers Civil Relief Act
Page 1 of 2
NOV-07-2007 10:12:11
'< Last Name First/Middle Begin Date Active Duty Status Service/Agency
RIGGLEMAN EDWARD 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.
0124t
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: htty://www.defenselink mil/faq/pis/PC09SLDR html
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 11/07/2007
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: UTHXYGKGOT
https://www.dmdc.osd.mil/scra/owa/scra.prq_Select
11/07/2007
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Assignee of Unifund CCR,
Plaintiff
vs.
: CIVIL-LAW
EDWARD L. RIGGLEMAN, 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: Edward L. Riggleman
90 Fairview Street
Carlisle, PA 17015
Respectfully submitted,
Laurinda J. V ' cker, Esquire
Attorney for Plaintiff
PA ID #82706
Remit Corporation
36 West Main Street
Bloomsburg, PA 17815
570-387-6470
C?
D.
w
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Assignee of Unifund CCR,
Plaintiff
vs. : CIVIL-LAW
EDWARD L. RIGGLEMAN, :DOCKET NO. Qg ,
(2i Defendant 3OZ`S wtL
l
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. O LCKER, ESQUIRE
Attorney No. 82706
36 W Main St
Bloomsburg, PA 17815
(570) 387-1873
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-00325 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
REMIT CORPORATION
VS
RIGGLEMAN EDWARD L
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
RIGGLEMAN EDWARD L but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT & NOTICE ,
NOT FOUND , as to
the within named DEFENDANT
, RIGGLEMAN EDWARD L
90 FAIRVIEW STREET
CARLISLE, PA 17015
PER NEIGHBOR, DEFENDANT HAS BEEN DECEASED
FOR APPROXIMATELY A YEAR.
Sheriff's Costs: So answers----'
Docketing 18.00 "".-r off
Service 4.80
Not Found 5.00 R. Tha a, Kline
Surcharge 10.00 Sheriff of CCimberland County
I n 00
37.80 REMIT CORPORATION
01/22/2008
Sworn and Subscribed to before
me this day of ,
A. D.
David 1n. Bueff
Prothonotary
xirkS. Sohonage, ESQ
Solicitor
WSnee X Simpson
1" Deputy Prothonotary
Irene E. Morrow
Td Deputy Prothonotary
Office of the Prothonotary
Cum6erfand County, Pennsylvania
09-32S CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R.C.P 230.2
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 • Carfisfe, PA 17013 • (717 240-6195 0 Fa( (717 240-6573