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Home My WebLink About09-0485IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. DONALD B. VAN FLEET, Defendant TO THE DEFENDANT: CIVIL-LAW DOCKET NO. 0 9- '/ 8? a ! z "`" NOTICE TO 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. VO CKER, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF YORK COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW DONALD B. VAN FLEET, DOCKET NO. 0 9 - 'i 95' ? 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, Donald B. Van Fleet, is an adult individual residing at 828 Tavistock Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Defendant obtained a Washington Mutual visa credit card on or about May 17, 1999, from Washington Mutual, Inc., (hereinafter "original creditor"), Account number 4465 6950 0017 2137. 4. Defendant used the extended credit leaving an unpaid balance of $15,552.30 with interest continuing to accrue at 31.49% per annum. 5. Defendant's last payment on this account was made on or about January 8, 2007. 6. On or about March 21, 2008 Remit Corporation purchased the account of Donald B. Van Fleet from Bureaus Investment Group No. 11, LLC, who purchased the account from Washington Mutual, Inc., on August 28, 2007, the previous owner of this account. The sale includes the transfer of all right, title, and interest in the account to Remit Corporation. 7. To date the balance is $10,885.15 principal and $4,667.15 interest for a total of $15,552.30. 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 $15,552.30. 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 $15,552.30. Defendant has failed and refused to pay the aforesaid sum despite frequent demand to do so and the same is now due and owing. 13. Defendant's failure to pay is a breach of the express written agreement between the Defendant and original creditor. Pursuant to Pa.R.C.P. No. 1019(i), a copy of this writing is attached hereto, incorporated herein and referred to hereafter as Exhibit A. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Donald B. Van Fleet in the amount of $15,552.30 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 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 $15,552.30. 19. In breach of the implied contract, Defendant has failed and refused to pay the outstanding sum for the credit card use and the same is now due and owing. 20. The Defendant has failed and refused to pay the aforementioned sum despite frequent demand to do so. 21. By virtue of Plaintiff's purchase of this account and the assignment of all rights to the Plaintiff, Defendant is indebted to the Plaintiff in the amount of $15,552.30. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $15,552.30, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. COUNT III QUANTUM MERIUT/UNJUST ENRICHMENT 22. The preceding paragraphs are incorporated herein by reference and made a part thereof as if fully set forth herein. 23. Original creditor provided the extension of credit as set forth above with the expectation of receiving payment for all use of this credit including, but not limited to, purchases, cash advances, balance transfers, fees and interest. 24. The credit extended by original creditor benefited Defendant. 25. The Defendant will be unjustly enriched if he is allowed to retain the benefit resulting from his use of the credit card provided by original creditor without having to make reasonable payment for the value of the benefits received from the original creditor's provision of credit. 26. The original creditor was not a volunteer in providing the credit services set forth above and the Defendant understood that original creditor was entitled to compensation based upon her 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 $15,552.30. 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 $15,552.30 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 $15,552.30, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, Laurinda J. Voel er, Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 570-387-1873 Fax: 570-387-6474 fit ?b ';OM ifpJi lE1.?'d;? rs-I is ?i# FED S b 3 ? E ? A K ,1111812 U-121MI 3 ro,; I sj i t 1 .1 1, _ 'fill 1 4 fl-j lea if P, 1 .r??. all ind unii j p b. .lab JI Ira i I M all I i s? lgx! 3 :1 fill 5 sill ,4 h d o E9iw! M'i. E _.4 k? ..b' milks 3 I a Ali lit s Hill i r1 #3 a! i EXFNBR were not dguble for the Account at the lime it waa opened, (2) you fag to pity any mount due tow under title Agreement or any other agreement (3) " payment item Is returned unpaid; (4) you fal to comply whlh this AQ?ee , Q5) any irufonrwtiorh you giro us Provo to be i ooany Part at mplets or false` Bf ) you death, bw"Pft a Tees hWW.y or late irrconpelence; (7) a barreoplcy Petition Is filed by or sguhirhat yo; or (8) ws believe in good faith l hat you may not pay or Pe'f?+ your obligations under Male Agreement. N you deft* we may furless proM'bhed by Is4 without turiher dement or notice: (1) carnal you MO putrhpK M declare yow Account balance wwmkA* due and ph; (* dwp you for our reasonable collection costs; and (4) n any as e "yep certain Amount defauls Oo? esanuple tees prynhentsl, your s ftX your the APRs avant may , may increase eUloms6c* up to the Default APR two section 4 N you defanrft, the unpaid Account Warm will continue to aroma h loom and other fees and charges 8e provided b this Agraww*, man Nwe hews sued you to colsot tiro WOW you owe. IF We An YOU or OW am us for beach dialsApsswa4 or for airy other wain arlsig of of ft Agrsaraarhf. Yhs pahnai6g aids may recover reasonable attorney's less and cod 00ats to tits ardent net P Wd*d by lerv, WCkKkt SHOW WS tees and oat cosh in anyadion or poosadrg to "W" a judgment based on a dairn a W g out of We Avow mast w either you or we s uNy assert a aslolf, aw* d W% or wW datanse b a soul, to somas may wilhhold from to p waling part' d or any portion of the attorney's fees that the court considers equkeblL 1% Now This Agreeme t Applies; This Agmeraed in the complete and antis statement of Mho contract between you and w and will not be a%cftd by of agrammt We my deby or waive sueferm-alt of any or aryr Otftsr PrO+rWM Islet. You warns the dam to pnaserimant, damard, pmlest, or r"ce of dkrhanor; any stakie Of thrhlati0nhr, and airy right you may have to require w 10 proceed againd w1a batons we aMenhp b recover tram you N any inn In title Agreement R shade nrNnkea" though lee, roguiatioh, or coot dedeion, all other provisions will ratnsin In erect is. Asadinnfertt ft may hamlet or assign our rights and dulise talon this Ageeseut to a Mind Partyo N sale law requires that you ncAm notice ofeuch an aseignment to poled the pu dmw or assigns, we may no*yOui by ft a 6wl0k g +tsleneent with do sale's Secretary of States You may not assign your rights and dudes under this Agreenart. IL Appieabta Law. No neatest whets you tint this Airsenfsuutt and YOw ' I I -- I we ot loud by I* laws of tit U~ !hales ante, b ifs *XhW n lase Thai AVessaent takes when we aoesthe it SMU of Is a Monads. pt i Is dlshreda. tAts sse yourAooo net of wiwo yOte iw or t 1t. Tokphme Monliorfni end Romrdkhg, V% treat d orstoaher cats artklantidy: Your telephone conversations win our repnsanaty a may be moitond AneV0r reaaded for quality asshsanos paposaa, unhisk at the bq*ftofeachW*hamoawmlr %yaniNwnotbmaimor rohdthecaL 21. lWq* me Con m-11cs-'m you autWW w b cal you or surd a lad mosaps to you at any nu adwy ou povids or at any mannber at which we reaaonthly below we an cotad you, iududrg cuts b rssbil% oAuM?, or sirhtar WW Prom I de message% for any dasoas, and nndhhdrhp lets uhdrg arttorrhatc tslrphhenr dieing ayalenrhs ktrvkl pwposs, Wiled b: (1) suspected hand or deendlY Mtsft; (V (2f ob Ahinirhg king kled not hfonthation moseseq or desirable: (8) yOUh aocoir 1 barnaetens or asnv okS and (4) on Nuntbrs Iau pV" ir"de rarnbsre you gWo us Wwor numlbee from which you al us, You some to pay any {a(s) or to bdaWus, to W the may incur for incoming ass front tw a xVa outgoing cab arty ouch number, whthod reimbursement tram us. MARYLAND RESIDENTS: You have the right to receive an answer to a written inquiry oonCBmig the status of you Account NEW JERSEY RESIDENTS: Applcabie law does not bit our *Ns Under # Agrearneri, erxcept that we meet send YOU PrW notice of any hors. in NEW YORK RESIDENTS: This Agreement begirt on the first day we emend roernon W% cr Amount, 'B evidenced by a eiprbd sates slip. OHIO RESIDENTS: The Ohio taw aganut dia?irnirrutpr ? a" alt cxeditare make ands equably waiMr * to at creditworthy cusW"s ard the credit rewsing Won request, The agencies Maintain craft histories on sech mdvK rwl thin inw. won auirhinialers oompluhce with Keay Thk No for fngse the , This notiq canutairhs inp Iwd irdotrnatioa about you nghle and our responaibiliss under the Fain Cedt t rTTlehg Act. Halft W Iii Case Of tit s Or QusNtons Abaft Mbar flit NYouthink your bi is wpir t, or ilyou need vacs inlenee lm abort an entry on your bilk *Me ha; on a $6110101b shoat, at our aridness for bi?rt deputes Meth 0" 60 tAtria b w ss soon W pcsehbin V* met ter frous you no Wer days ale w aunt you to first bill an which Mho ..or appeared You can telephone us, but doing so wit not pe serve yow rVdL In your letter, give us the - Ybur nerve and Account number. - The dollar amount Of Un SURAcyd snot. - Descrrbs tin errorand eNphj, , b Mu -,, d you cwti vdy you ys? bled m an ffl n N you needmars idemhatlen, deeerrbe the lam you are not sue about N you hove authorised ue b pup Yore Credit and lei aulonaliaty from yaw checking emoun , YOU can sioP tins Payment on any amount 0" is !ham the ? WW must reach w Mss- bait- ss days pWM* s scheduled to wow Mril You letter to us at the addrsw for bang dispules ah ealernert awn an you being *W Raqwangnu Af1ar WRsssh?hsleisrrV,ft 0'r "C VA 'It tiroeror byk'WPn ou War wil hkh 30 days, unless we have Consoled why we bdsve tin bN was aw t Ahw wuao oomusMho ..or easy to oohed airy amount yao question Or MjWt you as nq we We m contieus to bi you f r twa nvW You qu li wit We cm arh apply any unpaid amount against yaw Go* tfis. Yes do net hr t0 pay any questorhd amasy eats w lee irwsatighhtirng, but YOU ors Mi oblgalsd b lW the pshle of you bil that we not in question. N w And that we made a mistake on your bi, you we not hhaw b pay airy Yewyou nosy hues to pay dtoW V q d Fount N we Didn't mob a rrhtakon dwpsa, and yon wi No b mato up the missed ealesront d the queda+ed arnoud, In either ? we wit send you a arnout you owe and 1hs dale tint l ieduo N yet lira b pay is whom we taker you owe f w" report you as dalbhquwhl Howavey N that - w ddam not m to ? ?hyou sod You while b us VOW 10 days fait ue question You bi, And wirsl bWe MW Id it yar the hum of awe yo, rya?is wg rap " you you . VVte met let NWO w repot You to ON tits loft has been sailed between w when it &&Ay is. N we don't fobw ilms nom, we ant ocbd to first $50 of the questioned amount, even N your bill was correct. M. ?s,g l - all -- ° kis a -; m T'L - 02 Z 1E X ffi $ Ile g is wv lot ill j I a , 'Inc! .? a 10 1 0. 1 ..2 a s? It" mm? jig j F J m Y CIS -ads ?5 ab If I •- o l sg a it -1 -6: a, fit I U-f l . -all 9 j ? a Em IE I PIR Ill 0 fill k2 it I Its 8 fig t 10.11.9118 4= P-0.1 '002 'a tf " 1; l ? t Z_ ? WHO sZ fill w mF -01 1 HIS o s z rod- ?d1,. - I,& ?` 61- JD 0 ij, r .g? aP? ?' $? @ s L a of= v) ,gym°m;p?7C? $3Mp°?ym 1`° 'o4q°as` S` O m T?..r o m S$ o. O W «. dr E c oP C_ A w O 3 a. a?S?° m? H1aE. o a?? EZ 7CroT. °7o-,mho' a4 ?j?ec U ?$om? o?m 3S3? a m°°= .? A didws. o?$$$ ? ??? q+.> row ja m ccW ad°'?03 ; mz 5 w ro . ?EmvS°? d a E^?m ? °? 8? c °?Qm imo E I $$ _ _ 3 o ao ? E 35ma?ES3pr??0-?wv .g tom 3>$m'?°m^.Z+ 5 0 7, m _ra ?. ro ?. c? c ro m 7 111 m ?. V Z m = -. J1 y IS m-O O E ? =' ?a°v r m 10E E a 0.0 0 tvQ7 c Me E m cm=?aEm mc3.m Er? OHO c? $ O ?mErQ? :-c 0 OEan$?y,3mv?0E °Eo d00 c+- a? zo $? m y*' ?i? o Oc O Fm wr:_ mco °ro «'.. ,r0 mo0 . m Em (/J Cc m 0 m ? a? r C E m 20 -6 E o c c E y C> ? crt = o.? ^_12 L 'i ?+ QW °i S O ??m m mroc p m?1=. a= _C 1° C ,y Om aa?d ?+ ? ?'= ? ? 3 o 0 0 `0 2 . e me c m ? a ? ?t a a i ?` roc Oo.Tina o?? W B'i O ?O m 3$ ,$ o.$Z`CD a qu r7 AdrowslraWs Rules. You can select the Adminatraior if You i" us written I no Claim or tice of YOM selection with Your notice tlwt you we eboting to arwimse within 20 days after we 9W you notice that we are abc*V b select a arw for ClakL If you do'rt u asked the Ad?ri ".k,, or, we wi i any reason the Adminiwaw you or we SOW is unable or j un wft to asps or continue to sense a, Adminisb.1M or inoffews or rahwas have 20 ciao ID Ysele t a d1favod Aanforce a #is t'r°„si°rti you will ffmkdw* • You or we can gills WONT notice of an Wention to begin arbitration of a Chum or Claims or to require stbrl?atim of the other Parh' GaiA or Tfrs notice can be given by Oro part' even if the other tea??Nonn wWw?tFss Rtioveron8annotice d ? y OW Clsirn w be resolved the Acts6datrateft Ruin el/oct at the time the Clean is ilea wih the Ad w ajar mw the bsgbw w vA siren 10 Yens' =Pwiwm or a ngrad bWg& A coq of has asserted a Claim in a low" may sW at arbitration clan use A pert' try Claim ow is War asserted In Mw same bav,cit by any o6w pwtjL AN do" about whe#wr lo arbitrate a Cbbn shah be rasdwd in faroraf anbistion. We wrT not sled to a" We an in ckidtrsi Geier No you bong aw k* Us !A own" ° claims' cart. However. we may sbct to abirata a vw, adabrw' oohrt Claim Mwi is later rernoved, sent, Or appealed 10 any dWwwd oowL IF YOU OR WE ELECT TD ARBITRATE A? THE RIGHT 70 PURSUE THAT CLAIM W COURT YOU WILL NOT HAVE DECIDE THE CLAIM. ALSO, YOUR ABILITY 70 OffM? HAVE AAM7N0 FROM US AND 70 APPEAL IS MORE LIMITED IN AN ARBITRATION THAN IN A LAWgUTL OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT 70 COURT MAY ALSO NOT BE AVAILABLE IN AR6ffRAT M THE FEES CHARGED BY THE ADMINISTRATOR AMY BE HIGHER TWM TH APPLY TO US- IN E FEES CHARGED BY A COURT. THE SAME LNINDjxm ALSO C LAIM: (1) NEITHER RYYOUUNNO? IF YOU ANYONE ELSE ON YOUR BEH4F CAN PURSUE THAT CLAIM IN COURT REMESEuTATIVE ACTION (SUCH AS A PRIVATE I A RW OREWPAL ACrK*A: (2) NEITHER YOU NOR ANYONE ELSE ON YOUR BEHNF CAN PURSUE THAT CLAIM IN THE ARBITRATION ON A CLASS.WiDE CM REPRESENi UW {'SUCH AS A PRIVATE ATIORNEy GENERAtj BASIS; AND (3) CLAMS BROUGHT BY OR AGWW ONE ACCOUNT (O WITH CLAIM ft JOINT ACCOUNT HOLDERS) MAY NOIT BE JONdED 70GETHER R UGHT BY OR AGAINST Myth OTHER ACCOUNT HOLDER THESE OTHREE S ARE HEREINAFTER REFERRED TO AS THE'CL.ASS ACTICNV WAIVEIV Place at a locallon mm-W* coormwiers to y a etrdvr8faloe Whom ailord to the fees cha?p,d by the Adnrrrwra er and Ms wbb* w I you bob" M+st such Isle NO 100 high, we will consider t, good fW* rewomWe rrril0en request by you for us to pay ft fees. VV, will pay a w j any Or m**Wtopsybybwt.lbuwillnwwbemgdrodtopsyw Or"F V § mustvm bwthe 11 0 pMr?j? ON tw and tlaabikasw Each N rsgrdes, dwho %%*w the arbil Lion, sump 10 #0 swartt #W applicable, law or the Adrrrrstralo% Rohs provide otherwise. dealt: This Agwsnhant iwolvss brlerotwe oorrer em and re Provision is govamed by the Federal Arbindion Ad ('FAA', UrAod s?A Code, Title a Sediom i and the %h wbhg, The arbitrator must lblbw: (1) the FAA; (2) the subslantivs 141M oon,isterrt with the F (9) 91"Ass Of irnikel ons; end (4) d" of pis" the NmelY request of either party. the arbitrator worst provide a at brief v? eaplarwtion of the basis for tfw award. The arbWoor oil deletmI Mw rubs d Wasi and this wwwonce to apply, M Pocock" R&S of w davidance After an atbi paws "ght to d*in briorrnai ?a obtain moat request must be provided b the of Baia Mon, *** ? The aft le inFwnsfon is aubni w the arbrTtalar'a aawrd.lia arbAny " Ior appssi FW troller the FAA an $100,000. For Mine bW CNeises, only arbrbvilor WW Wpob*d by to Act D1°r age aay pot of the MW Wft deckled. The declaim s/ #0 POW WN p rovides Wwrw*% appeal the loss b for SUM 111 *pod will be paid by tha Iq the appeal } , ws wwd conekkkarr "quaw by You for us to pal such be, atoll apply to any Appeal to a Mrrasrbi Provision to a ate * a bbabor"aDOI Matter wlhaj 10 YOU Or yDUr A taros even 1. (iyar cr,? pdvlsgss a your Aocourht; (8) ym lawsuit 10 calm repyp? erMl M WAS we %* You Comment with (e or wq* for the 01ass Action VWwW am row of this provision wB cordran 10 app be wokwoad for try now in a CNalrr ! RMWOn slim be and and "tic r pspoa not prockd& wskw a /sae appo tp in ? In IA, men of an 016 pr o on Ma, am W,4 sad I P Pro"lon Will wafWsApnorsnf,ont resew alb and replam stria You WW Us. Please have P? opted out, Thle -m- Of Pieviolov da M YOU hors a cloaeMOn about the ad ft Acirm"ale; would Be to obtain a a edvaddenj or wail gas a Claim bork Noland Arbitration M Fanw?rwPOLllrbihA?iler WAClaim IN"10 of ;' bbyy4 esters W-N.0- M04 a... oItwialw t With the FAA, Are federal, atte, or " rwt ol Iawe a W1 state or loc R90" In been tad in a" M b a r fors the Other pally under, the '*NW the wb*ater m wntbrg b slow from the other of Pay That paq "M Iluen halls the lays. The Objection Anal be sent to the 6" v ir, hi-or her " 04wkn pror* V sWarded 100won w7 bee keel and upon "No for askes kwoZ?00010! po* w" appeal tta loodwee. rnis6 al0t That pond Will QwWder v Nwt aypart'' arsata Was - a m** vnM and wi be 6W and War Ow FAA. Union applicable law V ,, regardless Of who wine AN ofhw w of this P?wiaion "NOW Pw* to " fti ft PWW m*wwg in Mrs papal This Provision wi wnarn In few no ocuft For fte"pte, it will resoin k, AmVusd batrrog W wed* a ww, a 16) you becorrw bankn?lor , ID w h9pnb of A a be onforow Action io v&%w mank oanno, ttw N Class 101 $of you ww U86 0" to entire r *f *W CWK ?bwawS Mr, dos, oowt W Ms? Mho Gass Acton or ar other homer Arbrbitra pro nhw,in % not apply b Your Amourhj if you own a, Of ,* pffiflwift Mn ulOr Ise 4M Y1A6rmsapor, MN 110 554M wd&dM 386 Madison kanaa? ? r1e nilse also ob" uslonwr srsenncs Wft aO 7/bs NMAOloo VERIFICATION I verify that the statements made in the foregoing complaint are true an( f correct. I understand that false statements herein are subject to the penalties of 18 Pa. C. . sec. 4904 relating to unworn falsification to authorities. it ?,II Harry A. &rausseerr, III, RexA Corporation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. DONALD B. VAN FLEET, Defendant CIVIL-LAW DOCKET NO. AFFIDAVIT OF NON-MILITARY SERVICE The Defendant is not now in the Military Service, as defined in the Sol ier's and Sailor's Civil Relief Act of 1940 with amendments, not has been in such servic within thirty days hereof. Dated this of JA4I ,4y Y , 2009 Laurinda J. Voelcke , Esquire Attorney For Remi Corporation Attorney ID 82706 36 West Main Street Bloomsburg, PA 17815 (570) 387-1873 Fax: 570-387-6474 Request for Military Staffs Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 JAN-12-2009 11:43:58 < Last Name First/Middle Begin Date Active Duty Status Service/ en c3' VAN FLEET DONALD B Based on the information you have furnished, the DMDC doe 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 Ce ter, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. 01 Olt y? /^. -? 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 F USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 11 issued hundreds of thousands of "does not possess any information indicating that the inndividi active duty" responses, and has experienced a small error rate. In the event the individual refe any family member, friend, or representative asserts in any manner that the individual is on ac otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain fiuth the person's active duty status by contacting that person's Military Service via the "defenselinl provided below. If you have evidence the person is on active-duty and you fail to obtain this a 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, you can submit your request again at this Web site and we will provide a new certificate for th This response reflects current active duty status only. For historical information, please contact Service SCRA points-of-contact. See: hgP://www.defenselink.mil/f Aq/Pis/PC09SLDRhtml ief Act [50 )). DMDC has is currently on iced above, or ,e duty, or is verification of til" URL middle name), query. Military WARNING: This certificate was provided based on a name and Social Security number (SSN)1rovided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provitr Report ID: PWIIQEYZOD https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 1/12/2009 .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. CIVIL-LAW DONALD B. VAN FLEET, : 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: Donald B. Van Fleet 828 Tavistock Road Mechanicsburg, PA 17050 Respectfully submitted, Laurinda J- VoXcker, Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 570-387-1873 Fax: 570-387-6474 ?n C 1 ?.1 1A ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. DONALD B. VAN FLEET, Defendant CIVIL-LAW DOCKET NO. ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, above captioned matter. Respectfully Submitted, THE REMIT CORPORATION LAURINDA J. V,OELC Attorney No. 82706 36 W Main St Bloomsburg, PA 17815 (570) 387-1873 Fax: 570-387-6474 ESQ T, in the N .mss + i " ?.. _ - Ci ?y SHERIFF'S RETURN - REGULAR CASE NO: 2009-00485 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REMIT CORPORATION VS VAN FLEET DONALD B SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon VAN FLEET DONALD B the DEFENDANT , at 0018:30 HOURS, on the 5th day of February-, 2009 at 828 TAVISTOCK ROAD MECHANICSBURG, PA 17050 by handing to DONALD VAN FLEET a true and attested copy of NOTICE together with COMPLAINT and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 ? Service 11.70 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 39.70 02/06/2009 REMITT CORPORA Sworn and Subscibed to By: before me this day eputy Sheriff of A.D. r c r ) c LL. N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW DONALD B. VAN FLEET, DOCKET NO. 09485 Defendant PRAECIPE FOR JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment against Defendant in the above captioned matter as follows: Real debt $ 15,552.30 Interest from Jan. 30, 2009 $ 155.52 Total: $ 15,707.82 Kindly assess damages against Defendant in the sum of $ 15,707.82 plus Continuing interest at the statutory rate of 6%. BY: Laurinda J. V cker, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. CIVIL-LAW DONALD B. VAN FLEET, Defendant DOCKET NO. 09-485 TO: Donald B. Van Fleet 828 Tavistock Road Mechanicsburg, PA 17050 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. X 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, Plaintiff VS. DONALD B. VAN FLEET, Defendant CIVIL-LAW DOCKET NO. 09-485 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 March 6, 2009. BY: Laurinda J. Vo cker, Esq. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. : CIVIL-LAW DONALD B. VAN FLEET, DOCKET NO. 09-485 Defendant NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: Donald B. Van Fleet DATE OF NOTICE: March 6, 2009 828 Tavistock Road Mechanicsburg, PA 17050 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 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 REIV CORP Mailed to: Donald B. Van Fleet aunnda J. Voel gkdr, Esquire 828 Tavistock Road 570-387-1873 V Mechanicsburg, PA 17050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. : CIVIL-LAW DONALD B. VAN FLEET, DOCKET NO. 09-485 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 this ,day of 2009 nda J. Voe Lauri er, Esquire Attorney For Remit Corporation Attorney ID 82706 ,36 West Main Street :Bloomsburg, PA 17815 Telephone: (570) 387-1873 Fax: (570) 387-6474 Request for Military Status I> partment of Defense Manpower Data Center Military- Status Report Pursuant to the Servicemembers Civil Relief Act Page I of I JAN-12-2009 11:43:58 -' Last Name First/Middle Begin Date Active Duty Status Service/Agency VAN FLEET DONALD B 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. 410 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. Repor4 ID: PWKIQEYZOD https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 1/12/2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. CIVIL-LAW DONALD B. VAN FLEET, DOCKET NO. 09-485 Defendant CERTIFICATION OF ADDRESSES l 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: Donald B. Van Fleet 828 Tavistock Road Mechanicsburg, PA 17050 Respectfully submitted, 'd?j Laurinda J. Voelc squire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Telephone: (570) 387-1873 Fax: (570) 387-6474 X14„ c' X crn