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HomeMy WebLinkAbout09-3593IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. CIVIL-LAW JOSEPH R KAPP, JR., DOCKET NO. U ?/ 3 S3 ?,;,1 // e - Defendant ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully Submitted, THE REMIT CORPORATION /f n A . 1-1 LAURINDA J. VO?CKER, ESQUIRE Attorney No. 8270 36 W Main St Bloomsburg, PA 17815 Phone: (570) 387-1873 Fax: 570-387-6474 ?i FILEr, C r r i7 I ? ? rA E k f Y TfI P. CO M9 tii 11 - i Fs' 3 1 0 _ i?tk IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. JOSEPH R KAPP, JR., Defendant : CIVIL-LAW DOCKET NO. p q_ 35'q 3 &t;?l 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LAURINDA J. Attorney for PI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW JOSEPH R KAPP, JR., DOCKET NO. 09- 36-9-3 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, Joseph R Kapp, Jr., is an adult individual residing at 214 West Simpson Street, Mechanicsburg, Columbia County, Pennsylvania 17055-6320. 3. Defendant obtained a Washington Mutual Visa credit card on or about October 27, 1999, from Washington Mutual Finance, (hereinafter "original creditor"), Account number 4031 1476 7408 3021. 4. Defendant used the extended credit leaving an unpaid balance of $12,667.08 with interest continuing to accrue at 23.99% per annum. 5. Defendant defaulted on the payments due and the last payment on this account was made on or about July 11, 2007. 6. On or about December 29, 2008, Remit Corporation purchased the account of Joseph R Kapp, Jr., from CreditMax Recoveries, LLC, 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 charge-off balance is $9,800.73 and $2,866.35 post-charge off interest for a total of $12,667.08. 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/her account. 10. The reasonable charges and expenses owing for the credit card purchases, cash advances, balance transfers, fees and interest is $12,667.08. 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 $12,667.08. 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 Defendant in the amount of $12,667.08 together with interest, costs, attorney fees and such further and additional relief as this Honorable Court deems just and equitable. COUNT H BREACH OF IMPLIED CONTRACT 14. The preceding paragraphs are incorporated herein by reference and made a part thereof as if fully set forth herein. 15. It is averred, in the alternative, in the paragraphs set forth above, if an express contract between original creditor and Defendant did not exist, that a contract implied by fact or implied by law exists. 16. At all times relevant hereto, Defendant was aware that the original creditor was extending credit services to him/her 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 she received the same to his/her benefit. 18. The total reasonable value of the Defendant's use of the credit extended by original creditor is $12,667.08. 19. In breach of the implied contract, Defendant has failed and refused to pay the outstanding sum for the credit card use and the same is now due and owing. 20. The Defendant has failed and refused to pay the aforementioned sum despite frequent demand to do so. 21. By virtue of Plaintiffs purchase of this account and the assignment of all rights to the Plaintiff, Defendant is indebted to the Plaintiff in the amount of $12,667.08. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $12,667.08, 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/she is allowed to retain the benefit resulting from his/her use of the credit card provided by original creditor without having to make reasonable payment for the value of the benefits received from the original creditor's provision of credit. 26. The original creditor was not a volunteer in providing the credit services set forth above and the Defendant understood that original creditor was entitled to compensation based upon his/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 $ $12,667.08. 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 $ $12,667.08 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 $12,667.08, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, LauriWvo squire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 ed flit! 8??°#P b . s lit ? b ? Er . Ai fig fa .? A 13 s H . F X. I : v A I lift ?. ?Z. 8i - £ 2 lb age a 5 loo. a 15 ? I I I r. 3 o sit ° I-at ZZ=9 co < fill wigr $zMx<?Q ? oz9Zoil0 38PH ? O 5MI k6Z 6 z N Z Z155? Z o 0661 WPUR109MId 9 R0 ?? z a PW a: !.!: F- 9 ; C91 ft MR z bit s 81 ?aga if ?gs 8S.8 # 9 i Hum I ;I all j I It's Z I F j %V co E 4*$ M Ill 1811 1 CC, z1,??? Ulf CO 419 Jd 0000 .. ?? Its - 5.2 w ?. g ?"' M •i . '3a CC77 '6 Gw7 I It I ?a ?s pit E tilt 41 F y p {y pg Ell d Jug fir., E its 41 8 It A gill A Ell aka ???ss s ?a? •? ?. ?p? ?? ???}???? ? ?,?,,??, t ? so: ! b 6 aas Jag 401 1141.1 ia It. ti A j 1 9, 4.8 lifl! fig R ]fill INA 15 lit its ?j .fppl,8y ?!? '6?$7 $JQ! it o$` ZIA Z O 112 1 ?1 _G 1 1 I A $. ..? t .? gas c [its -I 12 ? ,. d)j 1 SIR g??#g jit 'B?{e ?f AlE? ??i? a ?°e?? ?e ??SL a till ?9?'"b vs I $ b j-1 $ A. b JO VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unworn falsification to authorities. Harry A. Str, ser, III, Remit ration IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. JOSEPH R KAPP, JR., Defendant CIVIL-LAW DOCKET NO. 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. O Dated this dg N ay of e4la Laurindi J. Voelckq! Esquire Attorney For Remit Corporation Attorney ID 82706 36 West Main Street Bloomsburg, PA 17815 Phone: (570) 387-1873 Fax: 570-387-6474 , 2009 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page MAY-19-2009 12:43:06 Last Name First/Middle Begin Date Active Duty Status Service/Agency KAPP JOSEPH 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 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: 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: VEWEQASRX https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 05/19/2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. : CIVIL-LAW JOSEPH R KAPP, JR., 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: Joseph R Kapp, Jr. 214 West Simpson Street Mechanicsburg, PA 17055-6320 Respectfully submitted, Laurinda J. Voelck , Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 ?--'i 2u09 JUN -1 Pf" 3: 3 "1 A, Pv '9 ?g-s" CA 3 3 7.5( Sheriff s Office of Cumberland County R Thomas Kline ~~~*~tp of ~a~~r~,~~ Edwazd L Schorpp Sheriff ~~ ~ Solicitor ',~~~ '~: Ronny R Anderson ~'~~ Jody S Smith Chief Deputy r#~ or TAE ~si~~ Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/10/2009 03:32 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on June 10, 2009 at 1532 hours, she served a true copy of the within Complaint and Notice, upon {he within namec defendant, to wit: Joseph R. Kapp, Jr., by making known unto himself personally, defendant at 521 Barry Court Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 June 11, 2009 SO ANSWERS, `.~~: R THOMAS KLINE, SHERIFF De ty Sherif 2009-3593 Remit Corporation v Joseph R. Kapp, Jr. ~ o ~ A~t-r' A~ 5 ~ I + ~ . ~ ~l . 1 ; ~ , ry IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. JOSEPH R. KAPP, JR., 301 -8 rake tc y (lute Defendant vs. pig- no5$ WOODFOREST NATIONAL BANK, (Du t j& tQ, (k u d Garnishee : CIVIL -LAW : DOCKET NO. 09-3593 CIVIL Clm(khakk ( 1-7 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) To the Prothonotary: Issue a Writ of Execution in the above matter, (1) (2) (3) (4) directed to the Sheriff of Cumberland County, Pennsylvania against JOSEPH R. KAPP, JR., defendant; and Against WOODFOREST NATIONAL BANK, Garnishee; and index this Writ in the judgment index and (a) against JOSEPH R. KAPP, JR., defendant(s), and (b) against WOODFOREST NATIONAL BANK, as garnishee, as a lis pendens against real property of the defendant in name of garnishee(s) as follows: N/A (5) Amount Due: Interest from 07/29/2009 Other Credits Costs to be added: Clerks Fee: Sheriff: Total: gimk-saq no -7 ap- (9ti t, Q"<c $ 12,667.08 $ 3,106.14 $ 174.00 �1p, p� $ 2,957.06 "^3 _ 11 $ 29.00 $ 200.00 $ 13,219.16 Dated this ff day of DIC, , 2014 Raymo'. W. Kessler, PA ID# 309802 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Phone: (570) 387-1873 Fax: (570) 387-6474 sabaS biAig 5leg) l.v9 U Pa" r.; d 6/ Irs.--&rect THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net REMIT CORPORATION Vs. JOSEPH R. KAPP, JR. WRIT OF EXECUTION (Pa R.C.P. 3252) NO 09-3593 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against JOSEPH R. KAPP, JR., 307 BRANDY LANE, MECHANICSBURG, PA 17055 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; PERSONAL PROPERTY LEVY UPON THE DEFENDANT. (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of WOODFOREST NATIONAL BANK GARNISHEE(S), as garnishee, 60 NOBLE BLVD., CARLISLE, PA 17013 (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $9,710.02 Interest FROM 7/29/2009 - $3,106.14 Attorney's Comm. Attorney Paid $196. lig Date: 12/9/2014 (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 Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs $174.00 David D. Buell, Prothonotary Qih. Deputy MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW I. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ' c - REMIT CORPORATION, Plaintiff vs. : CIVIL -LAW JOSEPH R. KAPP, JR., : DOCKET NO. 09-3593 CIVIL Defendant WITHDRAWAL OF APPEARANCE I, Laurinda J. Voelcker, Esquire, hereby withdraw my appearance as Counsel in the above - captioned matter. Date: By: Laurinda J. V ENTRY OF APPEARANCE lcker, Esquire I Raymond W. Kessler, Esquire hereby enter my appearance on behalf of Remit Corporation, Plaintiff, in the above -captioned matter. Date: 1) -WI B Ra and W. Kessler, Esquire PA ID 309802 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Telephone: 570-387-1873 Fax: 570-387-6474 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFF CF (F THE RIFF 2 1l, DEC 22 task IQ: CUMBERLAND PENNSYLVANIA Remit Corporation vs. Joseph R. Kapp, Jr. Case Number 2009-3593 SHERIFF'S RETURN OF SERVICE 12/18/2014 11:03 AM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Woodforest National Bank, 60 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Tabitha Merwine, Banker, personally three copies of interrogatories together with three true and attested copies of the Writ of Executiy and made the contents there of known to her. WILAM CLINE, DEPUTY SO ANSWERS, December 19, 2014 RONNY R ANDERSON, SHERIFF (c) ^ountySuite Sheriff, Teleosoff, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. JOSEPH R. KAPP, JR., Defendant vs. WOODFOREST NATIONAL : 3ANK, Garnishee : CIVIL -LAW : DOCKET NO. 09-3593 CIVIL INTERROGATORIES TO GARNISHEE TO: Woodforest National Bank 60 Noble Blvd Carlisle, PA 17013 You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. If you need additional information such as a social security number, contact the attorney listed at the end of this document. 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant claim that you owed the defendant any money or were liable to the defendant for any reason? 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property of any nature owned solel or in part by the defendant? S(Jfl(C.flCX- , I a co Litt wbaoeeOv O5n' 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? N 0 5. At any time before or after you were served did the defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration thereof? 1) O 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? No o 7. If you are a bank or other institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis andwhich are identified as being funds that upon 'deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the amount of funds in each account, and the entity electronically depositing those funds on a recurring basis. 1,‘, v 8. If you are a bank or other institution, at the time you were served or at any subsequent time did the, defendant have funds on deposit in an account in which the funds on deposit, not including any, otherwise exempt funds, did not exceed the amount of the. general monetary exemption unifier 42 Pa.C.S. § 8123? If so, identify each account. N 0 9. If your answer to any of the above is in the affirmative, state the amount on deposit or owed or describe the property in detail and provide any other particulars of the transaction as may be relevant to this attachment. oft blae-04-1n aCCDu wAn a 1001 Ince 0-P 5R^1. &Q COMPLETED BY: Name (print) LEGAL DEPARTMENT -375-2898 PH 832-375-3071 FAX Interrogatories submitted to garnishee by: Raymot'W. Kessler, PA ID #339802 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Remit Corporation Plaintiff vs. Case No.09-3593 Civil Joseph R. Kapp, Jr., Defendant VERIFICATION I, _ Jazmin Tello hereby state that the facts above set forth are true and correct to the best of my knowledge, information and belief and that I expect to be able to prove the same at a hearing held in this matter. I ?understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 49G 4 (relating to unsworn falsification to authorities). Date: December 19, 2014 441 By Jazmin Tello, Legal Clerk W. Jeffrey Levi, Vice President Woodforest National Bank 25231 Grogan's Mill Rd., Suite 100 The Woodlands, TX 77380 832-375-2898 — Phone 832-375-3071 — Fax STATE OF TEXAS COUNTY OF MONTGOMERY Before me, the undersigned auth prity, personally appeared Jazmin Tello on the 19th day of December, 2014 and stated that the forego'ng is of their personal knowledge and is true and correct. �`"°°"' AMANDA JUMPER `,�LpRY PVB ��, �__ Notary Public, State of Texas My Commission Expires August 13, 2018 1 • ARY PUBLIC A'•, FOR T STATE OF TE S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. : CIVIL -LAW JOSEPH R. KAPP, JR., : DOCKET NO. 09-3593 CIVIL Defendant vs. WOODFOREST NATIONAL BANK, Garnishee PRAECIPE FOR ENTRY OF JUDGMENT BY ADMISSION AGAINST GARNISHEE AND CERTIFICATION OF ADDRESSES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against the above named garnishee, in the sum of $297.56 said sum being admitted in its Answers to Interrogatories as being owing to the Plaintiff and which is not greater than the sum due from Defendant to Plaintiff. I certify that the precise address(es) of Plaintiff, Defendant(s) and Garnishee are as follows: Plaintiff: Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Defendant: Joseph R. Kapp, Jr. 307 Brandy Lane Mechanicsburg, PA 17055 101. (g)(o.54poh/66,A_ cuL* S,59 �� 3is3�a Nofice (Y12jP� Garnishee: Woodforest National Bank 60 Noble Blvd Carlisle, PA 17013 Respectfully Submitted by: Raymon. Kessler, PA ID #309802 Attorney for the Plaintiff 36 West Main Street Bloomsburg, PA 17815 Te1.570-387-1873 Fax 570-387-6474 JUDGMENT SO ENTERED AND DAMAGES ASSESSED AS ABOVE; NOTICE GIVEN PRUSUANT TO PaR.C.236 Protho i` ary Cumberland County Prothonotary Cumberland County Courthouse 1 Courthouse Square; RM 100 Carlisle, PA 17013-3394 2014/12/22 10:33:02 2 /5 m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMON JWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff Vs. : CIVIL -LAW JOSEPH R. KAPP, JR., : DOCKET NO. 09-3593 CIVIL Defendant vs. WOODFOREST NATIONAL 3ANK, Garnishee INTERROGATORIES TO GARNISHEE TO: Woodforest National Bank 60 Noble Blvd Carlisle, PA 17013 You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. If you need additional information such as 1 social security number, contact the attomey listed at the end of this document. 1. At the time you were served or at any subsequent time did you owe the defendant any money or were you liable to the defendant on any negotiable or other written instrument, or did the defendant clu owed the defendant any money or were liable to the defendant for any reason 2. At the time you were served or at any subsequent time was there in your possession, custody or control or in the joint possession, custody or control of yourself and one or more other persons any property off�any �� {/ o� � solel�or in part by the defendant? ) b1 'e U l c 4 /Uj► ��•(L1� tut 14\11brk �, boA OgYlee 43 511 2014/12/22 10:33:02 3 /5 3. At the time you were served or at any subsequent time did you hold legal title to any property of any nature owned solely or in part by the defendant or in which defendant held or claimed any interest? No 4. At the time you were served or at any subsequent time did you hold as fiduciary any property in which the defendant had an interest? NO 5. At any time before or after you were served did the defendant transfer or deliver any property to you or to any person or place pursuant to your direction or consent and if so what was the consideration thereof? No 6. At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? y 0 7. If you area bank or other institution, at the time you were served or at any subsequent time did the defendant have fonds on deposit in an account in which funds are deposited electronically on a recurring basis and which arc identified as being funds that upon 'deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the amount of funds in each account, and the entity electronically depositing those finds on a recurring basis. Iv o 8. If you area bank or other institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 PaC.S. § 8123? If so, identify each account, N 0 2014/12/22 10:33:02 4 15 9. If your answer to any of the above is in the affirmative, state the amount on deposit or owed or describe the property in detail and provide any other particulars of the transaction as maybe relevant to this attachment. a r� o� o ux wain a Baa a ee oc i 57. & 9 COMPLETED BY: J�tmih�llo Name (print) l EGAL DEPARTMENT -882-375-2898 PH 832-375-3071 FAX Interrogatories submitteil to garnishee by: Raymon*7W. Kessler, PA ID #339802 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 2014/12 22 10:33:02 5 /5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Remit Corporation Plaintiff vs. Case No.09-3593 Civil Joseph R. Kapp, Jr., Defendant VERIFICATION I, _Jazmin Tello hereby state that the facts above set forth are true and correct to the best of my knowledge, information and belief and that I expect to be able to prove the same at a hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 49G 4 (relating to unsworn falsification to authorities). Date: December 19. 2014 By: Jazmin Tello, Legal Clerk W. Jeffrey Levi, Vice President Woodforest National Bank 25231 Grogan's Mill Rd., Suite 100 The Woodlands, TX 77380 832-375-2898 — Phone 832-375-3071 Fax STATE OF TEXAS COUNTY OF MONTGOMERY Before me, the undersigned auto 3rity, personally appeared Jazmin Tello on the 19th day of December, 2014 and stated that the fore _ +'ng is of their personal knowledge and is true and correct, !I AMANDA JUMPER Notary Public, State a' Texos T.= MY Commission Expires August 13. 2018 _/I /. /ice • ARY PUBLIC t r , FOR STATE OF TE T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. : CIVIL -LAW JOSEPH R. KAPP, JR., : DOCKET NO. 09-3593 CIVIL Defendant vs. WOODFOREST NATIONAL BANK, Garnishee ( ( NOTICE OF ENTRY OF JUDGMENT ) Notice is hereby given that a men in the above -captioned matter has been entered against you in the amount of $297.56 on , 20 ) ) A copy of all documents filed with the Prothonotary in support of the within judgment is/are enclosed. Protho` tiotfy Civil Div. By: If you have any questions regarding this Notice, please contact the filing party: NAME: Raymond W. Kessler, Esquire ADDRESS: 36 West Main Street Bloomsburg, PA 17815 TELEPHONE NO: 570-387-1873 (This Notice is given in accordance with Pa.R.C.P. 236.) NOTICE SENT TO: NAME: Joseph R. Kapp, Jr. 307 Brandy Lane Mechanicsburg, PA 17055