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Home My WebLink About08-2827L 0 A 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. CIVIL-LAW MICHAEL L. WARNER, DOCKET NO. F°2 7 Ct?t-j -? Defendant 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 AURIND VOELCKER, ESQUIRE Attorney For Plaintiff PA ID # 82706 36 W Main St Bloomsburg, PA 17815 570-387-6470 40 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW MICHAEL L. WARNER, : DOCKET NO. 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 J. ELCKER, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. : CIVIL-LAW MICHAEL L. WARNER, DOCKET NO. d F, -2 Fa 7 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, Michael L. Warner, is an adult individual residing at 195 Conodoguinet Mobile Est., Newville, Cumberland County, Pennsylvania 17241. 3. Defendant obtained a Bank of America Visa credit card on or about July 11, 2002 from Bank of America, (hereinafter "original creditor"), Account number 4319 0410 1805 8141. 4. Defendant used the extended credit leaving an unpaid balance of $1,282.89 with interest continuing to accrue at 22.49% per annum. 5. Defendant's last payment on this account was made on or about June 30, 2004. 6. On or about November 4, 2006 Remit Corporation purchased the account of Michael L. Warner from The Sagres Company, the previous owner of this account. 1? The sale includes the transfer of all right, title, and interest in the account to Remit Corporation. A copy of the relevant document for this transaction is attached hereto, incorporated herein and referred to hereafter as Exhibit A. 7. To date the balance due is $1,282.89. 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 $1,282.89. 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 $1,282.89. 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 B. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against the Defendant in the amount of $1,282.89 together with interest, costs, attorney fees and such further and additional relief as this Honorable Court deems just and equitable. CO?UNT_H 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 by law exists. 16. At all times relevant hereto, Defendant was aware that the original creditor was extending credit services to him 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 $1,282.89. 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 Plaintiffs purchase of this account and the assignment of all rights to the Plaintiff, Defendant is indebted to the Plaintiff in the amount of $1,282.89. J WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $1,282.89, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. COUNT III 4UANTUM ME RIUT/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 $1,282.89. 28. By virtue of the Plaintiff's purchase of this account along with the assignment of all relevant rights thereto, Plaintiff, Remit Corporation is entitled to -a $1,282.89 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 $1,282.89, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, Laurinda I Voel r, Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 570-387-6470 ,r AFFIDAVIT OF CLAIM AND CERTIFICATION OF DEBT STATE OF CALIFORNIA ) )ss. COUNTY OF SAN DIEGO) The Sagres Company Accountholder: WARNER, MICHAEL L The undersigned, Jerry Greenblatt, being duly sworn, states and deposes as follows: 1. That Affiant is employed by The Sagres Company; successor in interest to Bank of America, in the position of VP/CIO and is duly authorized to make this affidavit. 2. That the original contract in this matter has been destroyed, or is no longer accessible to Affiant and that this Affidavit is to be treated as the original document for all purposes. If any originals are discovered, they will be submitted to the court for review. 3. That the statements made in this Affidavit are based on the computerized and hard copy books and records of The Sagres Company, which are maintained in the ordinary course of business, with the entries in them having been made at or near the time of the transaction recorded. 4. That account number 4319041018058141 was opened on 07/11/02 by WARNER, MICHAEL L whose social security number is 5. That there is due and payable from WARNER, MICHAEL L as of February 8, 2007 the sum of $1,282.89 not withstanding legally chargeable post charge-off interest, pursuant to the terms of the card member agreement with Bank of America. 6. That said agreement and account was, on November 4, 2006 sold, transferred and set over unto Remit Corporation, with full authority to do and perform all acts necessary for collection, settlement, adjustment, compromise or satisfaction of the said claim. 7. That as a result of the sale of said account, Remit Corporation and/or its authorized agent, has complete authority to settle, adjust, compromise and satisfy same that The Sagres Company had no further interest in this account for any purpose. 8. That to the best of Affiant's knowledge, information and belief, there were no uncredited payments, just counterclaims or offsets against said debt when sold. FURTHER AFFIANT SAYETH NOT. By: DATED THI&day of? 2007 Account No.: 4319041018058141 Subscribed and sworn to before me this 5-7-1" day of 2007 KIMBERLY Co BAKER EXHIBIT Commission # 1462301 -d Notary Public -California Son Diego County My Comm. Expires ion 73.2008 'Z"_ I X 2 E? if ri R r Fiji Rte M 5Y E a?_ Pit a R s R?? J s 1tv W. ?a , k a wIF Ir y E ?1 a it g d s ?. a ??1g l' m Y f ?a g4E,fffl, ; l? 7 will l? ?i i ~ ! Muff, is 1 4 :'; W all ilia a i ?_9(92 tiff fit ff it S l R? . 11T f r g iL Pulp 19 R ?t a ??l U ; fit 1 ?s off Sy ¢¢ssQQ? IU I r ?kr 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. U Harry A. user, I , Remit C ration IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. : CIVIL-LAW MICHAEL L. WARNER, 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. Dated this9/day of Apr", 2008 AO _?, Laurinda J. Voel er, Esquire Attorney For Remit Corporation Attorney ID 82706 36 West Main Street Bloomsburg, PA 17815 (570) 387-1873 Request.for Military Status Page I of 1 Department of Defense Manpower Data Center 0 Military Status Report I"ursimt to the Servicemembers Civil Relief Act APR-16-2008 10:00:12 ¦;. Last Name First/Middle Begin Date Active Duty Status Service/Agency WARNER MICHAEL 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. 4hut A 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/faq/pis/PC09SLDR.htmi 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: CAXJUCPHAD h4s://www.dmdc.osd.mil/scra/owa/scra.prc_Select 4/16/2008 t ( - ..? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. : CIVIL-LAW MICHAEL L. WARNER, 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: Michael L. Warner 195 Conodoguinet Mobile Est. Newville, PA 17241 Respectfully submitted, Laurinda J. V cker, Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 (.. r ~ rte'' - r-p G SHERIFF'S RETURN - REGULAR CASE NO: 2008-02827 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REMIT CORPORATION VS WARNER MICHAEL L MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE WARNER MICHAEL L was served upon the DEFENDANT , at 1435:00 HOURS, on the 8th day of May , 2008 at 195 CONODOGUINET MOBILE EST NEWVILLE, PA 17241 MICHAEL WARNER by handing to 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 _ f,,? Service 11.00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 Sf I'l?Op., ? 39.00 05/09/2008 REMIT CORPORATION Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. MICHAEL L. WARNER, Defendant CIVIL-LAW : DOCKET NO. 08-2827 CIVIL TERM PRAECIPE TO WITHDRAW COMPLAINT To The Prothonotary: Please withdraw the complaint filed by the Plaintiff, REMIT CORPORATION, against Defendant, MICHAEL L. WARNER. Respectfully Submitted, THE REMIT CORPORATION 14, 14 LAURINDA VOELC R, ESQU Attorney ID 82706 Attorney for Plaintiff The Remit Corporation 36 W Main St PO Box 7 Bloomsburg, PA 17815 Telephone 570-387-6470 Fax 570-387-6474 ' 77 - N3 DO q