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HomeMy WebLinkAbout08-2891wy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of RAB Performance Recoveries, Plaintiff . VS. CIVIL-LAW THERESA SEIBERT, : DOCKET NO. 0 S- a ? 9 711- 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 Cumberland County Bar Association 100 South Street, PO Box 186 2 Liberty Avenue Harrisburg, PA 17108 Carlisle, PA 17013 800-692-7375 717-249-3166 717-238-6807 LAURINDA J. VOE KER, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of RAB Performance Recoveries, Plaintiff VS. CIVIL-LAW THERESA SEIBERT, DOCKET NO. 4 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 and is the assignee of RAB Performance Recoveries Partners. A copy of the document assigning all relevant rights with reference to the present action to the Remit Corporation is attached hereto, incorporated herein and referred to hereafter as Exhibit A. 2. The Defendant, Theresa Seibert, is an adult individual residing at 7C Creekside Lane, Carlisle, Cumberland County, Pennsylvania 17015. 3. Defendant obtained a Metris/HSBC credit card on or about June 15, 2001, from Household Bank (SB), National Association, (hereinafter "original creditor"), Account number 5123 0030 4458 4311. 4. RAB Performance Recoveries Partners purchased the account of Theresa Seibert from Household Bank (SB), National Association. 5. Defendant used the extended credit leaving an unpaid balance of $6,661.93. 6. Defendant's last payment on this account was made on or about March 19, 2006. 7. To date the balance is $6,661.93. 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 $6,661.93. 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 $6,661.93. 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 B. WHEREFORE, Plaintiff, Remit Corporation, assignee of RAB Performance Recoveries Partners, demands judgment against the Defendant in the amount of $6,661.93 together with interest, costs, attorney fees and such further and additional relief as this Honorable Court deems just and equitable. COUNT II 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 $6,661.93. 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 assignment of this account, Defendant is indebted to the Plaintiff in the amount of $6,661.93. WHEREFORE, Plaintiff, Remit Corporation, assignee of RAB Performance Recoveries, demands judgment against Defendant in the amount of $6,661.93, together with interest, costs, attorney fees and such further and additional relief as this Honorable Court deems just and equitable. COUNT III QUANTUM MERIUT/UNJUST ENRICHMENT 22. The preceding paragraphs are incorporated herein by reference and made a part thereof as if fully set forth herein. 23. Original creditor provided the extension of credit as set forth above with the expectation of receiving payment for all use of this credit including, but not limited to, purchases, cash advances, balance transfers, fees and interest. 24. The credit extended by original creditor benefited Defendant. 25. The Defendant will be unjustly enriched if 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 $6,661.93. 28. By virtue of the Plaintiff's assignment of this account, Plaintiff, Remit Corporation is entitled to $6,661.93 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, assignee of RAB Performance Recoveries, demands judgment against the Defendant in the amount of $6,661.93 together with interest, costs, attorney fees and such further and additional relief, as this Honorable Court deems just and equitable. Respectfully submitted, Laurinda J. voelck , Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Telephone 570-387-1873 Fax 570-387-6474 ASSIGNMENT OF CLAIM PURSUANT TO PENNSYLVANIA ACT 219 OF 1990 For value received, the undersigned: RAB PERFORMANCE RECOVERIES 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: SEIBERT, THERESA # 541077 5123003044584311 for the sum of $6,661.93 arising from unpaid credit card services. 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 day of Authorized Signature RAB PERFORMANCE RECOVERIES EXHIBIT A _ aka W ? a O Z 1 2 R, Oct. s :1 6 mil. 9 41 3 111j 9 I fill EXHIBIT 1 ---6- . fill Q fill Ila gall J •i ? J1• l R van f 'as • ILIIJ? Iff QQ_ la 6 r all ? F. W BRi s i i ?jgbs I JS g?r i??`?s 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 unsworn falsification to authorities. . ,A, ",6- CN , " - ? Harr y A. S usser, III, Remit Co ration a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of RAB Performance Recoveries, Plaintiff vs. : CIVIL-LAW THERESA SEIBERT, 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. n Dated this0?day of ?? ??? , 2008 ?,17 Af A Laurin J. Voelck ,Esquie Attorney For Remit Corporation Attorney ID 82706 36 West Main Street Bloomsburg, PA 17815 Telephone 570-387-1873 Fax 570-387-6474 1b, . Request for Mflita T Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 APR-21-2008 11:11:34 4, Last Name First/Middle Begin Date Active Duty Status Service/Agency SEIBERT Theresa 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. 41 'Ir n. I rlt 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/fact/pis/PC09SLDR..html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: DRI%NUZMEI https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 04/21/2008 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of RAB Performance Recoveries, Plaintiff VS. : CIVIL-LAW THERESA SEIBERT, 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: Theresa Seibert 7C Creekside Lane Carlisle, PA 17015 Respectfully submitted, Laurinda J. V cker, Esquire Attorney for Plaintiff PA ID 482706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Telephone 570-387-1873 Fax 570-387-6474 n say. ?5 -rf 6` c w `4% IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of RAB Performance Recoveries, Plaintiff VS. CIVIL-LAW THERESA SEIBERT, : DOCKET NO. D S- ;2 8 91 Defendant ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully Submitted, THE REMIT CORPORATION LAURINDA J. VO LCKER, ESQUIRE Attorney No. 82706 36 W Main St Bloomsburg, PA 17815 Telephone 570-387-1873 Fax 570-387-6474 ? ? ` ? ..: , ? ? E - ti ?? t SHERIFF'S RETURN - REGULAR CASE NO: 2008-02891 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REMIT CORPORATION VS SEIBERT THERESA MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SEIBERT THERESA the DEFENDANT , at 1245:00 HOURS, on the 8th day of May 2008 at 7C CREEKSIDE LANE CARLISLE, PA 17015 THERESA SEIBERT by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 5.00 Affidavit ,00 Surcharge 10.00 R. Thomas Kline 00 S??y/6g 33.00 05/09/2008 REMIT CORPORATION /? Sworn and Subscibed to By: ? ?Z? 'I-. before me this day -"Deputy Sheriff of A. D. n (7j4-- Cool o ri (A n 'f ?l G©m r?? Gn w,,a1-f G-) Cq--( r- yl??5?? ?'c?a] i ?? n e t o f !? g ?.e?' 4o?,w czn G c V51 -C 17 oC (??f ?L/o °? `2 Il C,U i "F " `? ?' 'L? ? h C?Pit ?l S/ f {' 1 ? F < <? c? -j F r ?i?c ; f?? ??} , z w ? ? ?''S C c??'l /' I ? ?? rJ ?-- ct ?? j u `? ? o A r5 ;Lvtc,",'I?>?' d'ef? Cj VI L/ da'rr 4 h 4e Y7 1 ?i ?' f !7 L LL 'l " 1i - - r? -e- ,? + -? 0 r (l <-/ --Co rI +G1 -,-- P f u ?'ri f ?' f h 4 5 r7 1" r c,, U', ej Al GI Q .51,5h CO?y a -(- C c c 0 +raG.?? Ca??h c-lG? e ?? a g ?j r t, r? e Vj -t / Gi n- d C1 c r o m ,' 5 s 0 r 11 0 cj, -t C- L? Ck ?G;? r? e al,`s 17 5 N T' CID #n . td..7 z? r7 r e KS?`?f? UK,' 64? C444 I -e- PC( 015 ?7?? ?l? ?- X52 I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Recoveries, Assignee of RAB Perform Plaintiff : CIVIL-LAW VS. THERESA SEIBERT, DOCKET NO. 08-2891 CIVIL TERM Defendant . P ATCIPE TO W- j1 1tAW COMP_"-"ff To The Prothonotary: CORPORATION, dra the taint filed by the Plaintiff; REMIT Please aK THERESA SEIBERT. Defendant, against Respectfully Submitted, THE REMIT CORPORATION LAURINDA V CKER, ESQUIRE 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 n ? '? ??? ? ? ?? Cra ? -.. m ?,. ? C ? ,? y , ue { , ?;' 1'?. ? -> ` :s f ? ? - - -} °'c ? ? N