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Home My WebLink About09-2508IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. SHANNON M. DEVINE, Defendant : CIVIL-LAW DOCKET NO. 09- TO DEFENDANT NOTICE 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 717-238-6807 AU A ELCKER, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW SHANNON M. DEVINE, :DOCKET NO. a 9- 5 D P C'?.?,;,( Defendant COMPLAINT The Plaintiff, Remit Corporation, by and through its attorney Laurinda Voelcker, Esquire, hereby files this Complaint of which the following is a statement: 1. The Plaintiff, 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, Shannon M. Devine, resides at 28 Maple Avenue, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant is indebted to the Plaintiff in the amount of $6,265.33 for unpaid account as detailed below. 4. On or about December 2, 2008, Remit Corporation purchased the accounts of Shannon M. Devine from the original creditor. The sale included 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. AUTOMOBILE LOAN 5. Defendant obtained a financial loan on or about March 10, 2003 from Americhoice Federal Credit Union (hereinafter "original creditor") in the amount of $17,757.96 to purchase a 2000 Pontiac Grand Am automobile vin number I G2NF52T1 YM732557. 6. Defendant defaulted on scheduled payments and the account was charged off on or about February 20, 2005. 7. The automobile was repossessed, or returned, and sold. After credits from the sale as well as Defendant's payments, the remaining balance is $6,265.33. 8. To date the charge-off balance is $4,369.62 and $1,895.71 post-charge off interest for a total of $6,265.33 with interest continuing to accrue at 10.50%. COUNT 1 BREACH OF EXPRESS CONTRACT 9. In consideration of the extension of credit provided by original creditor through the loan, Defendant agreed to pay for all charges for purchases, fees and interest on this account. 10. The reasonable charges and expenses owing for the loans, fees and interest is $6,265.33. 11. Defendant accepted the extension of credit and utilized the loan without complaint, objection or dispute as to services provided, the prices charged for the same or the costs incurred. 12. Defendant is indebted to the Plaintiff in the amount of $6,265.33. 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 agreements between the Defendant and original creditor. Pursuant to Pa.R.C.P. No. 1019(i), copies of these writings are attached hereto, incorporated herein and referred to hereafter as Exhibits B. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $6,265.33 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 express contracts between original creditor and Defendant did not exist, that contracts implied by fact or implied by law exist. 16. At all times relevant hereto, Defendant was aware that the original creditor was extending credit services to her and that the original creditor expected to be paid for the Defendant's use of this credit. 17. Defendant used the loan to purchase items, and she received the same to her benefit. 18. The total reasonable value of the Defendant's use of the credit extended by original creditor is $6,265.33. 19. In breach of the implied contracts, Defendant has failed and refused to pay the outstanding sum for the loan 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 $6,265.33. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $6,265.33, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. COUNT III QUANTUM MERUITIUNJUST 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, fees and interest. 24. The credit extended by original creditor benefited Defendant. 25. The Defendant will be unjustly enriched if she is allowed to retain the benefit resulting from her use of the loan 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 loan. 27. The reasonable value of the Defendant's use of the loan including purchases, fees and interest is $6,265.33. 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 $6,265.33 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 $6,265.33, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, Laurinda J. Voelc r, Esquire Attorney for Pl tiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 570-387-1873 Fax: 570-387-6474 EXHIBIT C AMERICHOICE FCU 20 Sporting Green Drive Mechanicsburg, PA 17050 ASSIGNMENT AND BILL OF SALE AMERICHOICE FCU ("Seller") has entered into a Credit Card Purchase Agreement, dated,DECEMBER 2, 2008 ("Agreement") for the sale of Accounts described in Exhibit A thereof to REMIT CORPORATION ("Purchaser"), upon the terms and conditions set forth in that Agreement. NOW, THEREFORE, for good and valuable consideration, Seller hereby sells, assigns and transfers to Purchaser all of Seller's rights, title and interest in each and every one of the Accounts described in the Agreement, provided however such transfer is made without any representations, warranties or recourse. Purchaser and Seller agree that the Purchase Price shall be as stated in Exhibit B, attached to the Agreement. IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the 2 day of DECEMBER .2008. SELLER By: JAMES A GLA LTER EXHIBIT --A- Vf m = x ?- z z_ o n Z m D ri- a r- m < D Z K m m C f1 9 O N W C W m Z o Z N 0 D ? v r ?p m ,rn D LA m C7 D 2 r 'O D C r-. o N v = " O V V K tp m w = O cn 0) Z m J N V O V m 00 X W 00 = l0 O Z m ID a to n LA N Z a W 0 m 0 o Z N M \ m D C) uoi "? w in D o m o Z 0 N r 'n N '`O D D N T. G) T O m iA 4 W Z n CD N t "' Z O ? O > o m r O Q z o ? N m m O ? n m 70 EXHIBIT FORM PA 23 SLC (Re PENNSYLVANIA MOTOR VEHICLE I Dated 03/10/2003 ANNUAL FINANCE Amount Financed PERCENTAGE RATE CHARGE The amount of credit provided The cost of your credit as The dollar amount the to you or on your behalf. a yearly rate. credit will cost you. 10.50 %1 $ 4370.06 1$ 13387.90 Your Payment Snc?dnic Wai K.- Total of Payments The amount you will have paid after you have made all scheduled payments. $ 17757.96 Total Sale Price The total cost of your purchase on credit, including your downpayment of$ 800.00 $ 18557.96 Security: You are giving a security interest in the motor vehicle being purchased. No. of Payments Amount of Payments When Payments Are Due 66 $ 269.06 Monthly, beginning 24 APR 2003 i r nn Prepayment: If you pay off early, you will not have to pay a penalty. Late Charge: If a payment is late, you will be charged 2% of the portion of the payment which is late for each month, or part of a month greater than 10 days, that it remains unpaid. See below and any other Contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date and prepayment refunds and penalties e means estimate In this Contract we are the SELLER. SPANKEY'S AUTO SALES INC 701 E LOCUST ST Name Address Code You are SHANNON M DEVINE 107 NORTH YORK ST MECHANICSBURG PA 17055 the BUYER(S). Name(s) Address(es) Zip Code(s) If there is more than one Buyer, each promises, separately and together, to pay all sums due us and to perform all agreements in this Contract. TRADE-IN: You have traded in N1A the following vehicle: Year and Make Description If a balance is still owing on the vehicle you have traded in, the Seller will pay off this amount on your behalf. You warrant and represent to us that any trade-in is free from lien, claim, encumbrance or security interest, except as shown in the Itemization of Amount Financed as the "Lien Payoff." PROPERTY INSURANCE: You may choose the person through whom insurance is obtained against loss or damage to the Vehicle and against liability arising out of use or ownership of the Vehicle. In this Contract, you are promising to insure the Vehicle and keep it insured. CREDIT INSURANCE IS NOT REQUIRED: Credit Life Insurance and Credit Accident & Health (Disability) Insurance are not required to obtain credit, and will not be provided unless you sign below and agree to pay the additional cost(s). Please read the NOTICE OF PROPOSED CREDIT INSURANCE on the reverse side. Your insurance certificate or policy will tell you the MAXIMUM amount of insurance available. All insurance purchased will be for the term of the credit. By signing, you select Single Credit Life Insurance, What is your By signing, you select Single Credit Accident & which costs $ _ What is your --- - age? Years Health Insurance, which costs $ ---" age. Years Signature of Buyer to be insured for Single Credit Life Insurance By signing, you both select Joint What are Credit Life Insurance, which costs $ - NIA your ages? 1. 2. Signatures of both Buyers to be insured for Joint Credit Life Inswance Signature of Buyer to be insured for Single Credit Accident & Health Insurarxx By signing, you both select Joint Credit What are Percentage Accident & Health Insurance, which costs $ N111your ages? lobe insured 1 1. 2 Signatures of bath Buyers to be insured for Joint Credit Accident & Health Insurance 96 Insurer: VEHICLE. You have agreed to purchase, under the terms of this Contract, the following motor vehicle and its extra equipment, which is called the "Vehicle" in this Contract. LIL!! Y &K and ltlats!< Mild @4dY StYlg l?4. Cyl. SED 2000 PONTIAC GRAND AM SD 4 1G2NF52T1YM732SS7 Equipped - A.T.`ti___ P.S. -_ AM-FM Stereo - 5 Spd. Other with X _ A.C}_- P.W. , AM-FM Tape Vinyl Top ASSIGNEE We may assign this Contract and Security Agreement to a sales finance company which is the Assignee." If the Assignee assigns e ?-.??tr? ?a ?llG??uent assiaaee. the tee Alan .ors +„ -1, IF YOU DO NOT MEET YOUR CONTRACT OBLIGATIONS, YOU MAY LOSE THE MOTOR VEHICLE AND PROPERTY THAT YOU BOUGHT WITH THIS CONTRACT, AND/OR MONEY ON DEPOSIT WITH THE ASSIGNEE. This Contract is between Seller and Buyer. All disclosures have been made by Seller. Seller intends to assign this Contract to the Assignee. Cash Price Cash Downpayment Trade-In Value of Trade-In Lien Payoff to : N/A _ Unpaid Cash Price Balance To Credit nsurance Company a __ To Public Officials for. License, Tags and Registration E Lien Fee $ r m DOG rrr $ 0 ? d _n LIADRAN Y s S TosT?L=Lrnv .2 $ rr,T -_ 770 AQ a To GAP !NSURN49- Ilud Im qty k 1 umbe Amount 96 Finance Charge Total of $ NL!! Y?L ilk Mlhil f lltE 224 ?tYIR bs. SrSI. IMh In Capacity &I Number ;ED 2000 PONTIAC GRANDAM SD 4 1G2NF52T1YM732557 quipped _ A.T)(,_ P.S. _ AM-FM Stereo _ 5 Spd. Other iith X _ A C P.W. _ AM-FU Tape _. Vinyl Top &SSIGNEE We may assign this Contract and Security Agreement to a sales finance company which is the 'Assignee' if the Assignee assigns ie Contract to a subsequent assignee, the term also refers to such subsequent a . After,the assignment ell rights and beneff}s of the elkr.in thia'COrlt lit sind iii"tie ll t aR.baki to end' be by B+Na nd if Seller makes an assignment. ' As fined wff no** whei? MEMBER FINANCED AUTOS, INC. O-SIGNER: Any person signing the Co-Signer's Agreement below promises separately and together with all Co-Signer(s) and Buyer(s), to pay II sums due and to perform all agreements in this Contract. Co-Signer will not be an Owner of the Vehicle. O-OWNER: Any person signing the Co-Owner's Security Agreement below gives us a Security interest in the Vehicle and agrees separately and igether with all Co-Owner(s) and Buyer(s), to perform all agreements in the Security Agreement and all other parts of this Contract except the Promise to Pay' section. ERMS: The terms shown in the boxes above are part of this Contract ROMISE TO PAY: You agree to pay us the Total Sake Price for the Vehicle by making the Cash ownpayment and the Trade In, rf Own above, on or before the date of this Contract, and eying us the Amount Financed plus interest. You promise to make payments in accordance with the ayment Schedule. You protege to make payments on or before the same day of each month as the rst payment due date. You agree to pay all other amounts which may become due under the terms f this Contract You agree to pay the Seiler or Assignee costs of suit You also agree to pay easonable attorneys' fees if Seiler or Assignee hires an attorney to collect amounts due under this Dntrract or to prelotd or get possession of the Vehicle. You agree to make payments at the place or to eeid payments to the address which the Assignee most recently specifies in the written notice to you.. ;y signing below, we agree to sell the Vehicle to you under the terms of this Contract II ELLER 03/10/03 Date Amount Finance Charge TOW of Foomal,SOti"vio - You agEae to pay to us the Amount Financed plus interest in payments of; each, and?a final;glhut of The first payment wi E(e'I 1404 APR and theayments will We Is on that same day of each month following. To Secure the payment of all sums due and the performance of all er this Contract, you give a security interest in the Vehicle, in all ) attached to the Vehicle at any later time, and in any proceeds of urance proceeds. The Assignee may set-off any amounts due and act against any of your money on deposit with Assignee. This h is now or may in the future tNe deposited with Assignee by you. out any prior notice to You. AND NOTICE TO BUYER-DO NOT SIGN THIS CONTRACT IN BLANK. YOU ARE ENTITLED TO AN EXACT COPY OF THE CONTRACT YOU SIGN. KEEP IT TO PROTECT YO EGAL RIGHT BUYE Ir IF Date BUYER (SEAL) Date COM9NER: YOU SHOULD VZAD THE CE TO CO-SIGNER, WHICH HAS BEEN GIVEN TO YOU ON A SEPARATE DOCUMENT, BEFORE SI NG THE CO-SIGN='S AGREEMENT. CO-SIGNERS AGRZE>1 SM: You, the person (or persons) signing below as "Co-Signer," promise to pay to us all sums due on this Contract and to perform all agreements in this Contract. You intend to be legally bound by all the terms of this Contract, separately and together, with the Buyer. You are making this promise to induce us to make this Contract with the Buyer, even though we will use the proceeds only for the Buyer's benefit. You agree to pay even though we may not have made any prior demand for payment on the Buyer or exercised our security interest. You also acknowledge receiving a completed copy of this Contract. (SEAL) Co-signer's Signature Co-Signer's Signature (SEAL) Address Date ------------------ Address Date :O-OWNER'S SECURITY AGREEMENT: You, the person signing below as "Co-Owner," together with the Buyer or otherwise being all of the Owners of the Vehicle, ive us a Security Interest in the Vehicle identified above. You agree to be bound by the terms of the Security Agreement and all other parts of this Contract except the Promise To Pay" section. You are giving us the security interest to induce us to make this Contract with the Buyer, and to secure the payment by the Buyer of all sums due n this Contract. You will not be responsible for any deficiency which might be due after repossession and sale of the Vehicle. :o-Owner's Signature (SEAL) Address vate CO-OWNER, AS APPLICABLE, ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS C ONTRACT w k,?_ BUYER CO-SIGNER CO-SIGNER OR CO-OWNER FORM PA 23•SlC NOTICE: SEE. REVERSE SIDE FOR IMPORTANT INFORMATION. (Rev. 4/00) ORIGINAL • white - DEALER COPY - Canary - BORROWER'S/CO-SIGNER'S COPY • Pink - COPY • Gored 0 2000 BANCONSUMER SERVICE, INC. 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. Harry A. Str ser, III, emit C poration IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. : CIVIL-LAW SHANNON M. DEVINE, 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, and has not been in such service within thirty days hereof. 17/4-" Dated this day of rl / 200 Y 9 Laurinda J. Voelcker squire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 570-387-1873 Fax: 570-387-6474 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 APR-09-2009 08:08:03 -.. Last Name First/Middle Begin Date Active Duty Status Service/Agency DEVINE SHANNON M 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. A 4t4_ * 40 (??- 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/i)is/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: BFVUNRUFUM https://www.dmdc.osd.mil/scra/owa/scm.prc_Select 4/9/2009 FILE=`?=-?,- F,? 21'07 OR 21 t f; i? 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. SHANNON M. DEVINE, Defendant CIVIL-LAW DOCKET NO. CERTIFICATION OF ADDRESSES I certify that the precise addresses of Plaintiff and Defendant(s) are as follows: Plaintiff: Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Defendant: Shannon M. Devine 28 Maple Avenue Camp Hill, PA 17011 Respectfully submitted, Laurinda J. Voelc r, squire Attorney for Pla tiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 570-387-1873 Fax: 570-387-6474 a M9A R2f rI'` s2 !2 ?d C, /j yv4 A, .22voS') IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. CIVIL-LAW SHANNON M. DEVINE, DOCKET NO. Defendant ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully submitted, Laurinda J. VoeiPt Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 570-387-1873 Fax: 570-387-6474 ,, OF THE Sheriffs Office of Cumberland County ?utpbrr h Edward L Schorpp R Thomas Kline 0O%V of Ar Sheriff C 'A Solicitor Ronny R Anderson Jody S Smith Chief Deputy 0"10E Cr '"E SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/25/2009 10:40 AM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 25, 2009 at 1040 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Shannon Devine, by making known unto herself personally, defendant at 28 Maple Avenue Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 April 27, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF 2009-2508 Remit Corporation VS Shannon M. Devine $y 1 putt' Sheriff OF THE F,' -1ll-l`AfT,,'ARY 2009 APR 28 Ail 18 nU ti ,-17h.,i irr. G , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. :CIVIL-LAW SHANNON M. DEVINE, :DOCKET NO. 09-2508-C:[VIL TERM Defendant PRAECIPE FOR JUDGMENT AND ASSESSMENT OF IIAMAGES TO THE PROTHONOTARY: Kindly enter judgment against Defendant in the above captioned matter as follows: Real debt $ 6,265.33 Interest from April 21, 2009 $ 62.65 Total: $ 6,327.98 Kindly assess damages against Defendant in the sum of $ 6,327.98 plus continuing interest at the statutory rate of 6%. BY: ~ ~~ Laurinda J. Voelcker,, quire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW SHANNON M. DEVINE, Defendant DOCKET NO. 09-2508-CIVIL TERM TO: Shannon M. Devine 28 Maple Avenue Camp Hill, PA 17011 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. CIVIL-LAW SHANNON M. DEVINE, :DOCKET NO. 09-2508-C:[VIL TERM Defendant CERTIFICATION OF TEN (10) DAY NOTICE, COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: I, LAURINDA J. VOELCKER, ESQUIRE, hereby swear and certify that [ served a copy of the Ten (10) Day Notice by regular mail to Defendant on May 29, 2009. BY: Laurinda J. V 1 ker, Esq. Attorney for, laintiff IN THE COURT OF COMMON PLEAS OF CUMBERLANID COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. :CIVIL-LAW SHANNON M. DEVINE, DOCKET NO. 09-2508-CIVIL TERM Defendant NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: Shannon M. Devine DATE OF NOTICE: May 29, 2009 28 Maple Avenue Camp Hill, PA 17011 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 HA`B 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 SE',RVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Lawyer Referral Service 100 South Street, PO Box 186 Harrisburg, PA 17108 800-692-7375 Cumberland County 13ar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 717-238-6807 M ORP ~~ Mailed to: /' _~-------------Shannon M. Devine Laurinda J. Vo cker, Esquire 28 Maple Avenue 570-387-1873 Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW SHANNON M. DEVINE, DOCKET NO. 09-2508-CIVIL TERM 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 o ,f I%l , 2009 '' ~i~~~~'`7 Laurinda J. Voelcke`r, se(uire Attorney For Remit orporation Attorney ID 82706 36 West Main Street Bloomsburg, PA 17815 Telephone: (570) 387-1873 Fax: (570) 387-6474 Request for Military Status Department of Defense Manpower Data Center ' Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 JUN-17-2009 08:02:26 Last Name First/Middle Begin Date Active Duty Status Service/Agency DEVINE SHANNON M Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. ~»~ ~-~- Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that t:he 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 c-btain 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 accurac;y 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:/iwww.defenselink.mil/faq/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: BNFFDTNUPPD https://www.dmdc.osd.miUscra/owa/scra.prc_Select 06/17/2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAM) COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. :CIVIL-LAW SHANNON M. DEVINE, :DOCKET NO. 09-2508-C[VIL TERM 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: Shannon M. Devine 28 Maple Avenue Camp Hill, PA 17011 Respectfully submitted, ~~ Laurinda J. Voe ker, Esquire Attorney for P intiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Telephone: (570) 387-1873 Fax: (570) 387-6474 -,,. f- T, '1, ~~?~~~ J ~ C..Y .~, I, `„ ~ ,.. ~'d , ~~-~~ ~ l Y. cry C'~2. il~ga ~~, .1,~7~ :3 `l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. : CIVIL-LAW SHANNON M. DEVINE, DOCKET NO. 09-2508-CIVIL TERM-) - `-- Defendant 3 N ?' MCD = ??___ PRAECIPE FOR WRIT OF EXECUTION po Personal Property Levy '-`?-?; ca To the Prothonot_ c Issue writ of execution in the above matter, s' ?? -` (1) directed to the Sheriff of Cumberland County; -. (2) against SHANNON M. DEVINE, 28 Maple Avenue, Camp Hill, PA 17011, defendant, (3) against N/A, garnishee; (4) and enter this writ to levy on the Defendant's personal property of value, in the judgment index a. against SHANNON M. DEVINE, defendant, and b. against N/A, as garnishee, as a lis pendens against real property of the defendant in name of garnishee(s) as follows: N/A (5) Amount Due: $ 6,327.98 Interest from 6/25/09 $ 1,033.97 Other: $ O Credits: $ a8 pp qmJ Costs to be added: 4 , sso CgF Clerks Fee: $ 28.50 178, go Sheriff: $ 150.00 N. oo Total: $ 7,540.45 a ? 50 u # 1(05 oo PO A.?.y Dated this I day of Mc.?-?^ , 2012 Raymon . Kessler, PA ID # 309802 Attorney for Plaintiff t 36 West Main Street Bloomsburg, PA 17815 Telephone: 570-3 87-1873 a Fax: 570-387-6474 •50 LL C' Uogq 8 ew aia 70? to,if P8? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION c - : 1 0 Plaintiff mED =M r* ., VS. CIVIL-LAW ' SHANNON M. DEVINE, DOCKET NO. 09-2508-CIVIL TEA Defendant WAIVER OF WATCHMAN Any deputy sheriff levying upon or attaching any property under within May leave same without a watchmen, in custody of whoever is found in possession, after notifying such person of such levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any such property before sheriff's sale thereof. SHANNON M. DEVINE 28 Maple Avenue Camp Hill, PA 17011 Dated this day of M& f , 2012 Rayrnon . Kessler, PA ID # 309802 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Telephone: 570-387-1873 Fax: 570-387-6474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION : Plaintiff VS. CIVIL-LAW SHANNON M. DEVINE, DOCKET NO. 09-2508-CIVIL TERMS Defendant zS = N _ MW -<3> C .,-.# C °) :x -r AFFIDAVIT OF NON-MILITARY SERVICE The Defendant is not now in the Military Service, as defined in the Soldier's and Sailor's Civil Relief Act of 1940 with amendments, nor has been in such service within thirty days hereof. Dated this M day of Mc, fch , 2012 Raymo W. Kessler, PA ID # 309802 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Telephone: 570-387-1873 Fax: 570-387-6474 ;?.equest'or V ?itary Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Mar-15-2012 10:20:43 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency DEVINE SHANNON Based on the information you have furnished, the DMDC does not possess M any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL httn://www.defenselink.mil/fag/vis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. Request for Military Status Page 2 of 2 ,Vlore information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARs, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:H35C9DE07T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION Plaintiff VS. SHANNON M. DEVINE, Defendant CIVIL-LAW DOCKET NO. 09-2508-CIVIL TERM -rj3 rn Co =rn U7 ? CERTIFICATION OF ADDRESSES °c I certify that the precise address(es) of Plaintiff and Defendant(s) are as follows: ?c Plaintiff: REMIT CORPORATION 36 West Main Street Bloomsburg, PA 17815 Defendant: SHANNON M. DEVINE 28 Maple Avenue Camp Hill, PA 17011 Respectfully Submitted, d a IV cn C?n Raymond`W. Kessler, PA ID # 309802 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Telephone: 570-387-1873 Fax: 570-387-6474 r-- ? fr"i C3 Cn WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-2508 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due REMIT CORPORATION, Plaintiff (s) From SHANNON M. DEVINE, 28 Maple Avenue, Camp Hill, PA 17011 (1) You are directed to levy upon the property of the defendant (s)and to sell Defendant's personal property of value, (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $6,327.98 Interest from 6/25/09 -- $1,033.97 Atty's Comm % Atty Paid $165.00 L.L. $.50 Due Prothy $2.25 Other Costs: Clerks Fee: $28.50 Plaintiff Paid Date: 3/21/12 (Seal) REQUESTING PARTY: Name RAYMOND W. KESSLER, ESQUIRE Address: 36 WEST MAIN STREET BLOOMSBURG, PA 17815 Attorney for: PLAINTIFF Telephone: 570-387-1873 Supreme Court ID No. 309802 Sheriff. $150.00 David D. Buell, Prothonotary '-4y' ?? Deputy Pc ri SHERIFF'S OFFICE OF CUMBERLAND COUNTY ,4 Anderson ,w, Rj. i. Li t r?'t! _ t i ?. - iy S Smith`' .< nief Deputy ) is s e " J Ail C,: Richard W Stewart Solicitor r.., w?r t'Iyi`? i S ii.1? ? Remit Corporation Case Number vs. Shannon M. Devine 2009-2508 SHERIFF'S RETURN OF SERVICE 03/29/2012 07:21 PM - Deputy Robert Bitner, being duly sworn according to law, served the requested Writ of Execution and Claim for Exemption Form to a person representing themselves to be Matt Opperman, son of defendant, who accepted as "Adult Person in Charge" for the within named Defendant, to wit: Shannon M. Devine at 28 Maple Avenue, Hampden Township, Camp Hill, PA 17011, informed person of contents of same and levied upon personal property as directed. 04/04/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per request of plaintiffs attorney. SHERIFF COST: $92.57 April 04, 2012 SO ANSWERS, RONI'TY R ANDERSON, SHERIFF /111. T !SOfl