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HomeMy WebLinkAbout09-5944IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of RAB Performance Recoveries, Plaintiff vs. CIVIL-LAW SARAH E. DOUGHERTY CHACE, DOCKET NO. QQ - S941y Defendant 1. I u c L 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. Pennsylvania Lawyer Referral Service 100 South Street, PO Box 186 Harrisburg, PA 17108 800-692-7375 717-238-6807 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 LAURINDA J. V ELCKER, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of RAB Performance Recoveries, Plaintiff vs. CIVIL-LAW SARAH E. DOUGHERTY CHACE, DOCKET NO. Defendant COMPLAINT The Plaintiff, Remit Corporation, by and through its attorney Laurinda J. Voelcker, Esquire, hereby files this Complaint of which the following is a statement: 1. The Plaintiff, The Remit Corporation is a Pennsylvania Corporation doing business at 36 West Main Street, P.O. Box 7, Bloomsburg, Columbia County, Pennsylvania 17815 and is the assignee of RAB Performance Recoveries Partners. A copy of the document assigning all relevant rights with reference to the present action to the Remit Corporation is attached hereto, incorporated herein and referred to hereafter as Exhibit A. 2. The Defendant, Sarah E. Dougherty Chace, is an adult individual residing at 4707A Charles Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Defendant obtained a Bankfirst Visa credit card on or about February 15, 2000, from Bankfirst, (hereinafter "original creditor"), Account number 4777 2108 4221 8636. 4. RAB Performance Recoveries Partners purchased the account of Sarah E. Dougherty Chace from Bankfirst. Defendant used the extended credit leaving an unpaid balance of $1,179.43 with interest continuing to accrue at 11.90% per annum. 6. Defendant defaulted on the payments due and the last payment on this account was made on or about February 17, 2006. 7. To date the charge off balance is $602.92 and $576.51 post charge off interest for a total of $1,179.43. COUNT 1 BREACH OF EXPRESS CONTRACT 8. The preceding paragraphs are incorporated herein by reference and made a part thereof as if fully set forth herein. 9. In consideration of the extension of credit provided by original creditor through a credit card, Defendant agreed to pay for all charges for purchases, balance transfers, cash advances, fees and interest on his/her account. 10. The reasonable charges and expenses owing for the credit card purchases, cash advances, balance transfers, fees and interest is $1,179.43. 11. Defendant accepted the extension of credit and utilized the credit card without complaint, objection or dispute as to credit services provided, the prices charged for the same or the costs incurred. 12. Defendant is indebted to the Plaintiff in the amount of $1,179.43. Defendant has failed and refused to pay the aforesaid sum despite frequent demand to do so and the same is now due and owing. 13. Defendant's failure to pay is a breach of the express written agreement between the Defendant and original creditor. Pursuant to Pa.R.C.P. No. 1019(i), a copy of the written agreement is attached hereto, incorporated herein and referred to hereafter as Exhibit B. WHEREFORE, Plaintiff, Remit Corporation, assignee of RAB Performance Recoveries Partners, demands judgment against the Defendant in the amount of $1,179.43 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 within the law exists. 16. At all times relevant hereto, Defendant was aware that the original creditor was extending credit services to Defendant and that the original creditor expected to be paid for the Defendant's use of this credit. 17. Defendant used the credit card to purchase items, and/or transfer balances, and/or obtain cash advances and he received the same to Defendant's benefit. 18. The total reasonable value of the Defendant's use of the credit extended by original creditor is $1,179.43. 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 assignment of this account, Defendant is indebted to the Plaintiff in the amount of $1,179.43. WHEREFORE, Plaintiff, Remit Corporation, assignee of RAB Performance Recoveries, demands judgment against Defendant in the amount of $1,179.43, together with interest, costs, attorney fees and such further and additional relief as this Honorable Court deems just and equitable. COUNT III QUANTUM MERIUT/UNJUST ENRICHMENT 22. The preceding paragraphs are incorporated herein by reference and made a part thereof as if fully set forth herein. 23. Original creditor provided the extension of credit as set forth above with the expectation of receiving payment for all use of this credit including, but not limited to, purchases, cash advances, balance transfers, fees and interest. 24. The credit extended by original creditor benefited Defendant. 25. The Defendant will be unjustly enriched if Defendant is allowed to retain the benefit resulting from Defendant's use of the credit card provided by original creditor without having to make reasonable payment for the value of the benefits received from the original creditor's provision of credit. 26. The original creditor was not a volunteer in providing the credit services set forth above and the Defendant understood that original creditor was entitled to compensation based upon Defendant's use of the credit card. 27. The reasonable value of the Defendant's use of the credit card including purchases, balances transfers, cash advances, fees and interest is $1,179.43. 28. By virtue of the Plaintiff's assignment of this account, Plaintiff, Remit Corporation is entitled to $1,179.43 from the Defendant and frequent demand for said sums has been made and the Defendant has failed and refused to pay the same. WHEREFORE, Plaintiff, Remit Corporation, assignee of RAB Performance Recoveries, demands judgment against the Defendant in the amount of $1,179.43 together with interest, costs, attorney fees and such further and additional relief, as this Honorable Court deems just and equitable. Respectfully submitted, Laurinda I Voelc er, Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Telephone 570-387-1873 Fax 570-387-6474 ASSIGNMENT OF CLAIM PURSUANT TO PENNSYLVANIA ACT 219 OF 1990 For value received, the undersigned: RAB PERFORMANCE RECOVERIES assigns to: THE REMIT CORPORATION doing business at: 36 W MAIN STREET PO BOX 7 BLOOMSBURG, PA 17815 a debt due to the undersigned from: SARAH E. DOUGHERTY CHACE 365172 for the sum of $1,179.43 arising from unpaid credit card services The said sum is justly due to the undersigned without offset or defense. The undersigned neither transfers to The Remit Corporation, nor expects The Remit Corporation to assume, any obligation or any liability of the assignor to the said debt. The undersigned has done nothing and will do nothing to discharge the debt or hinder its collection and hereby grants to The Remit Corporation the full power and authority, to bill and collect the aforesaid claim, in accordance with Pennsylvania Act 219 of 1990, Section 2, as it amends Title 18 regarding Section 7311, including to sue for, (in its own name, through a licensed attorney) and discharge the assigned debt. The Remit Corporation specifically agrees to comply with the Pennsylvania Act of December 17, 1968, P.L. 1224, No. 387 (known as the Unfair Trade Practices and Consumer Protection Law), and with the regulations promulgated under that Act pursuant to this assignment. Dated this _ ?- day of 0,27. Authorized Signature RAB PERFORMANCE RECOVERIES EXHIBIT a -k- 'Aug 10 05 09:11p Rug 30 2005 10:40 RB CONSULTING LLC 9S236890A5 ACTION CARD $891$0 Card onomb?tr Agreement DIREC TONY PO A PAVMre141M, FOR MISTOMER N4KMFS: AcfOn CBRI Aeftft C ld P.O. a" site P.0.111=51= SWOK ftes, So S7117.rJ1se $.p.u nab. So $7117-3067 IMPORTANT PHONE NUMBERS CagOmOrS?rvko! I-AC e324M1 Fri Lim: , -@W43-0eea Losuslate" C rd Amp": 1.8004"4641 AppllgrOn ANAWArm. 14MI) X5157 wbOhllbAd?hhhes: Wvrw.K/Nrrb"1%4wd.C m CAROMEMSER AGREEMEN7 This agreement (AgreeiTwo r) contains farms and conadions order which a credit card account ("Account' has been sstabttehed for you. The word "Card' means the VISA& or tule8t0rGtird0 ts+odt card isswU to you in Cortrnection with your Account. The words "we. "us' and "burs' mean BANKFIRST, the issuer of the Action Caro. The words "you' end y4tre• mean ouch parson who applied for !he Acccut%t. eadl person to wim- vos issue a Card. and anyone eke who ussa ~ Gerd with ymv consent. Your execution of to evo%= ion for the Account (or. in 1ho qp of a kdephonic application, yow oral request for the Account) and she use of the Card 0onditulas your spreembflt to the team and condift s of this A e0rnent. Please read this Apreemem earefuly. 11. YOUR C ARO. You may use your Card or Aecotrnr to purchase or leas- goods or services ("Purchases') wherever the Cab Is honored. Flom time 1o time vve may offer you other serviioes (optional Services) which will be biNed b your a66unL You also rney use the Card W obtaw cash Mash Aavaness7 from any financial Wtolk tlen the! accepts the Csr4t or any queiiried Aulomatte Teller Mad *w ('ATM"). Each Wm you use your Card. you turns nquaatft us to aWo a ben to you. It you use your Account number VYt mM preeendrtg your Card (such as for a mail order or telephone Purchase), the legal Mfad Wfi be" sw" as if you used the-Card itself. You agree 10 sign the Dock of" Card issued to you In connedlon with your Account imrnediately upon weiliv The Chard will rernaln our properly and must be surrendered to us upon demand. The Card is nonftwwfwaWe. and it may be Canceled. reposseessed. or waked at any time without prior notice subject to applkable law. Initially, your Card wail be valid for 12 months urdaea canaded. repossessed, or revoked by us. Theraef0ar. d we elect 1o renew the Card issued to you, the Card will be valid for a period to be dowmined by us. unless canceled. repossessed, or r&mwd by u5. We may. at our option. give you a Peril" Identification Nurnber ("PM'). If we give you a PIN. you may use your Cord to obtain a Cash Attvonce from any ATM that bears the VISA or MasterCard logo. All ATM transeebons are treated as Cash Advsnobs. We hews the right to restrict your acem to any quotilted ATM at any tune. You should not "your PIN with your Card, If you believe that anyone has gained unauthorized acc "s Ip your PIN. you should advise us immet#4tely. "I&MV true proCedurm in the paragraph labeled "LlabiNty for Unautharlaed Use.' 2. AUTMORI7.E0 USERS. You may request an additional Card an VW Acoolnt for # x*w person. Uwmed an'Auihorized User! You rney also pwrml wmlher person to hNW a4maas to your Card or Account number. However. if you do. you are liable for all dtsroee meth by Uwe 9ersorna. You must no* us to revolts porm"lon for any Demon you pre i0uey *UftrlZed to ups you Account. You are respwiolblefor eN chwgas and f6m incurred by erv Authorized Use. If you tall us to rwooke en Authorized 1. Ws use of your Card, we may class yow Account and issue • new Card or Cards we i difhrent /account rwmbAr. You are vrMly responsible for the use of each Card "md on your Account a,a &Ong to the team c0 this Agreement. EXHIBIT P.5 p.2 A'ue 10 05 d9: 1 1 p P. G Rug 10 2008 10:40 RD CONSULTIMG LLC 95223699085 p.3 3. JOINT CARDMMOSRS. In the case Of joirnt cardrnernbers. each is jointy and asaveMNy liable for till AA tawomm of alt Purchases. Oplional Sarvions. t ads Advenots, 6nana cNnrges. other tiros aw charges. and tarty other mwmtwy ofta bons assadded with the Aoaomltht, Ineplding ameurtts in eiaoass of your oTedit limit This means filet we may c~ dw NO arnount from any of you ehreA if the amount is witurred by eay other plnt cardmember. 4. CAEOIT LIMIT. The Initial credit IN'nlt for your Accourd is shown on the folder contsininp your Card. W Wray el+alpe hour &* M Mrnlt from tme 1o time. and your ourront audit limit will appear an your monthly billing staterrnent. You spree rmt to nwo arty twwomaion that would cause the unpaid balaneaa of your Account, including accrWo bill ungald Aner 0e charges erica chief' fees and ChsrM, to exceed your ova iienit. in addition. the ma nnum Cash Advance balance of your Account may not exceed 2D percent (20%) of your credit Iknlt. This Agnioment WY ads* apply to the annwnb in excess; of your credit Broil. and you agree to pay the excess Immadoely upon demand. You agree: that Vve relay change or ow%cal your credit llmR at any time without affecting your obligabon to pay the amounts which you owe under this Agreement. A payment made on your Account may not realm the crew avallabIs to you under your Acoot M uMl tan (10) days after the date an which the payment K posted to your Account. 5- Ai.1T140R IZATiONS. We will not be fafponslble for the ohnfim* of any merchant or bank to honor the Card or rtsequast for a loan or sale. A ustmeaus for overpayments or ottierwise will be made: by a4ustmenta to your Account end not dirspllyto.you- Nothing herein shall deny or restrict us prom the pursuit of any remedise available to us by law. 8. PAYMENTS. You promise w pay us all smounts adwarwed by us to you under this Agroame . plus all ranance charges assessed an those amoaoht:r. and all charges. costs. and teas wttich you incur under the terms of this Agreement Pay merits shell be due and Payable monthly. ancl (nLW be made to us of the address shown an the m?d'ehly billing Istatemernt an of before the 'Payment Due Date" shown on the monthly t ding $WftmWt: Payments recnve0 by 10 a.m. Central Standard Tarns an business days at the addr+ses spo allis 0 in yew atslement will be CM0111e0 ale of the daft of recaipL is received later or on run-business days may be credttad as of Ina Most business day. SatutVays. Sundays. acrd federal holidays arc no aonstdeted busaness days, even if wa are apart. Payments received at Wher kications may not be credited for up to five days- Credit for psyrnents may also be deia"O up to fire days d payment ire not sent In the standard payment envelope allonp with the statement stub. if peymants include staples, or paper Clips, or if 60freaparxkme is alleched to It* payments. You may repay ar'?1r or all of the amounts you ovve at any time wlthout penalty. M you must pay at least the mrnlrftrn monthly payment on or before the Payment Due Oates. The minimum payment required it dw Now 8glanos+' &4 own on your slatornhent. if the ar nournt is equal to or less than 525.00. If the New Balance miceeds 525.00. the minirnum payment is (a) lour percent (4%) at the ttorban of ante Now Balance which daces not wvmod your credit limit (rounded to the neitNt dollar). or (b) $25.00. whichwrr is ge'e", pka the total of any Op6w W Services. plus lute entire portion of the Now Balance in excess of your credit firnlL pW any amount poet due. At our crociskm. we may accept lane or pas zo paAymanta as well as payments that an induced "pod in full' or other restrictive andorsements. without losing any of our rights under this AW*Omw%L Payments nVA0 be mode in U.S. Donors. and all checks or other herns tendered in payment of the orroomts sue on the Account must be drawn on hands on deposit in the Unittd States. 7. FINANCE CtiARGE3. To evoW hCttrring addkk w1 finance charges on the balance of PaXrhosea or Optional 5ervx" reflected on the stalionerlt end try new Purchases or Optona 5arvicea appearing on your next statement. you must pay tare Now ealsnm which appears on your Mitring sfateirtaat, on or before the Payment Due Date. Fir+ance charges on Cash Advances will be Imposed from the dew mate or train the first day of the bi111ng Cycle in which the Cash Advance Is posted to your Account, whicharer is later. and will Continue to acCrue until toe dale paymant as rec aNed in full. As of May 31. 2000. the monthly"Peatodlo Rote'' Weed to compute finance changse would to 1.78596. which coeresponaa to an ANNUAL PeACENTAGE RATE of 21.42%. divided by Waft. The Annual Percentaos Rate may vary monthly. The Annual Porcer,409 Rafe It determined by adding 11.9276 to the n1ghest U.3. Prkne Rate. as published in The W al Street Joumal. an Irmo last business day of each month. Any change in the Annual Per"rit"is Role wtl take effect an the first day of your next billing statement in the month following to change and will apply to as balances carried I&vj2rd from your preview baling tlagaln L In the earent The' Wall Senaet Jmx W ceases to publish the U.S. Prune Rata, wo reserve (tta runt tic subsbbule a Cwnpara;tble new index. There is no lirnitlon on the amount the rah may Inivesse or decrease. Any increase in tha Are" Pwcentapa Rate wW cause the amount of finance charge assessed on your account Io also increase. The finance ednaf'ge for a baiting cycle is octtowUld by agalying that moflthly Periodic Rats to the -Avefapp Deily BNenos," The Average Daly $alance is delermk" by die4inp the cum Of the defy balances during the billing cycle by the m mbar of days~ A the cyds. Eaton dally balance is determined Aug 10 05 09:11p p.7 . Aug 10 2005 10:40 R8 CONSULTING LLC 9523689085 p.4 by adding to the "PreMan 64MA e' any now Purchases. Options( Servo" Or Cash Advances 12 m to m b V" ACCOM ¦s of the VmsncWn dale or the Rest day of the bNlirrlS cycle In which pt>slod, Who~ 19 letaf •nd tubhOliA? WW payments r@caivW and vedits posted, to your Aec wM but @XdLxft any unpaid Anance dw"&. e. P tRIOCrC FEE. We Will irnposr an "Mnusl Cite" on Your A kjnt at SM-00 (=0.00 a s joint or Auftin red Uasr Acootat) end this mm a Fee melt be imposed in about the same bwo cycle each Year. You spree to pity to flee e4ern y Wu do not use the A=O Wtt.1'ho Annual Fee wit be charged to UNION W*bbd by MW or IM. Armu W Fm may No MM@d ss of ad6p al &m b y acoouxht and MW be sublet to Anarnoe "gee. We maintain and reaffitm au poWy of rebatkrQ a POrtkM Of the AMOK Fee to you If you ten,raete your Caro and Account- The rebaesd portion is calculated an a Prorated basis. 9. OTHER FEES. We vA mess an "Ouerllmk Fed of $25.00 for aech biMNq eyes* that your Aotovnt balance o>Iaaseda your CMI Nrnll at any time during the billing CYcle. We vA assess a "Cale Fee" of 523.00 for each b4ft ale that your rninimyrn monthly payment N not r+eoeiwd at the address atown an tier monthly biting hefty ent oft Of before the Payment Due Date shaven on the Mon" billing atstarrnent. M your Recount OmMP privileges are suspended Of csneeled. s $25.00 Melrlslal irrnent Fee" wr17 be essaatsed to raectivete your chw" privileges- A "Return Item Fee of 52S.00 may be assessed for any check or o0w ftm laddered In payffwa of the arrnounbe due an the Account which is returned far any Maw. including M uMdant hr4s in the account an vrf*M 9 wits drawn. In o* event that your check is r mmed unpaid for insufficient or uncoNected funds, we may represent your c»ck•elsctrorniaary. Your check will not be relwned to you. but a Copy do be totrkried by corntecting Vwjr Mar cal iristt utim. Unwss prahibited by tow or regulation. Other Fees may be treated ai additional chutes to ywr Account alnd mW be sutlect to fM1 Mwe charges. 10. OTHER FINANCE CHARGES. We will cease a Cewh Advance Fee of $2.50 or 3 Percent (8%) of the Cash Adver4a, amoun4 whichaver is Greeter, lion each Cash AdVer" transaction made wiM your Car& We tutu sstees a FINANCE CHARGIF of 15.a0 tsar each telephone authOrisad po rnent We vA eases a Wwo Fee FINANCF-CFr1ARGE of 510.00 forM;h noartnkQ wire tranwer. M addition. we will assess a One-tinfo Action Card Emolla ernt FINE QUA of "9.00 when your aunt is esta Weed. We maintain and reaffirm cur policy of rebra ft a patlorl of Via Action Cab EmotkneM to you M you termimits your Card and Account. The rebaw portion is caleudaled on a prorated basis. 11 _ CHARGES MADE IN F'OR61GN CURRENCIES. H you incur a Charge in a foreign currency, ow charge will be eorrvarlad into a U.S. Dollar amount. The procedures for (the conversion of a foreign currency t><anaaGtiQn into U.S. Oclim wS be flat forth in opandit regulations of the applicable credit G111rd association at: marl be in effect at the Wria the lranasellon is processed. 12. DEFAULT. We rimW. at out option, declare your Account to be in defautt upon the oceurrefx* of any of the fojI wing events: S. You fait to make any peyrnent required under the totms of this Agreernani when due; b. You firs to comply with cry of the lietme and Conditions set Gxth h tine Aoreement c. You exceed your credit irnit; d. You die at becom bw*r jW Or lunch W*: e. Y provide us UM fnMWel Wbrmation which is false or misieWft in any "meriai respe f. You fag to provide us with updated financial statowaw ty when requested, or any updated rworicAd srnant Provided by you to us reflects a metered adverse change In your g. We, in goad f"% deem ourselves to be insecure or bellm that the prospect of peyrrant is ImInWed; or h. One pith dirarnernbor requests that the rights of another joint wonrlenlbGr to use the Aeeeunt be tormin ted. plug 10 05 09:12p nub 10 2005 10:4I RB CONSULTING LLC 9523689085 If urs declare yoe;a? ACCOUnt 14 4e in dehsult. your ability to use the Account and the Carle W41 be Wminetld. Our tLJhwb b declare ys><ar ACownt In default dots Act excuse you from pertlpffake0 all of Your 60114tH its ttfldsK this AQreetnertt nor shad such tagure constitute a waiver of our right to declare the AOC*uat 1n default and terminate, your obllity to use the Account and the Card at a later time or upon the occwrfnos or ft qW to or a diftilent swerit at t>le*A, d SAY one of atone of the swats of default sfaodfied ow . we may, at our Opt W. dad&* all sums due WW owing under tine tstrtrre OfVft AWevmcnt to to hTwnedlately due and payable In hall, and may exercise all other rigtda Ot nwriedip permitted y -- We of not WJDMed b exert" any of air riis or remedies in true event of your default under this Agreement. Our alsimm to a carcive any one right or remedy shall not constitute a wetwr of our ^Am m exercise wWam w right or remedy. not doom ourfa Tura to exen*w aright or remedy llollowins default preclude our amcin of that 699 or renm*. or any other right or remedy. in the event of a subaequeM detdult. We may delay artbrtfip our V ft under this Agneernastnt without kmN thorn. A waiver of any right by us shed not to debrne0 to be a wakes of other rights or of the saute right at another time. 13. TERMINATION OF THE ACCOUNT AND THE CARD. We srsy terminate your ebMV 1o vie the AcMmt od the Card at early theta without poor notice. If the Account and the Cato are lerminved. you must pay 0 amounts wA** under the Agreement but you may continue to mekt rmimurn nxxthly P aynpnb under this AgreermeK unless the Account and the CwV are tarmnalid DeCause of your default under lute terms of the Ilgraament. 14. ATTORNEYS FEES. You agree I* pay an cocoa incurred by us, our vx cessmv. or asslgnees. M collecting unpaid indebledneo a or in erl0weing this Agrsernent., including attorneys fees and costs, as well as those costs. expanses and attorney's tees inournd by appsBste. bankrvptay and post. judgement prove"ngs. except to the extent that such costs. fees. or expenses are p+ohibtted by law, 15. ARBITRATION. 11 you or we acv not able to resole our ddhrences infOrm ally, you and we agree that any dhw*. ngardlees of when it arose, shall be resolved at the option of you or us. by arbitration In accordence with this pro sion. A T ISPUW is any CWM or vontnourny of any kind that anew out of, or is in any way related lo. your Agreement and Acoowt with us. R kwiudes statutory, oon'trrtor+ law and egkAlSbte ctai"m indud ft the validltY Or enfoncesb6ty Otto arbitration provision. "Dlepube" also includeta our claims aftgaWW you. including codeckm of sung due to us. 'Arbitration' is a memo of having an independent third party resolve a Dispute. Either you or we Can request that a DiW% be stubmblsd to Arbitration. Either you or vve ce n do this at any time regardless Of whewlher a lawoult tus been fled or not. unWos such a lawsuit thefts reaylted in a judgement other titan default judgement. UNDER ARBITRATION. YOU WILL NOT HAVE THI'. RIGHT TO GO TO COURT OR TO HAVE A JURY TRIAL., TO ENGAGE IN PRE-ARBITRATION DISCOVERY, EXCEPT AS PROVIDgo FOR IN THE AFWMATiON RULES. OR TO PARTICIPATE A$ A REPRESENTATIVE OR MEMBER OF ANY CLASS OF Ct.Ai11s1Aws PERTAtmwap TO ANY OISPUTF- OTHER R16HT3 THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALL NOT BE AVAILABLE IN ARBITRATION. Eaeh Arbitratio% including the sselsotipn of the arbitratw. wilt be administered by the American Arbitration Association ('AAA") pursuant to ;ts Commercial Arbitr~ Rules. The Ar Votlon will be consduGtad in the state Of yow residence. Each Arbltratlon wig be governed by tine Federal Arbitration Act (That 8 of the United States Code). and to the axtarst any provision sir In* Act is inspplicsrble. the I awe of the Stela Of South Oakota. To find out how to indisOm an Arbitrslst m. simply calif spy office of the AAA for more Warmatlorl. If ek her party Was to submit to Arbitratlon toftwing a proper demand to do so. than party shall bear all wets and sacpCrtM. irssdudi V ns;w onaable ai lorn& Mess. G?csurred by the other petty compelling ArbltratloH. The arbitrator attot lieu! the authority to award any remedy or relief tltat a court in South Oakots could ardor or Brent. The arbitrator. however. Is not authorised to Cnangs or altar the terms of your Agreement. including this Arbitration provision. In an Arbitration in which the Dypsube or the award made exceeds # S WO In the aggregate, or there is s request for aquibble rstsWhMlett a pobreelial rmwcisl impact in scopes; of $25.000 in the A199regats. the %W&d of the arbitrator Shall be IM wrilind acid shah sp"N the tam tacit the law on which It b based. In such Arbitrertdm (1) the arbOator shall not haw the power to mom any steward which is not supported by swbstesttial witierm. or which is basted on legal arrow: (7) an award shall not be binding upon the prrom. uniess the fitdkhgs M foot am wipportetl by aubston1W evldenca, and the oondusions of taw we not encrovow under the substardw a law of Me Stets of South D.ssatr, end (s) the parties, shall have, in addition to the grounds re/wred 10 in the Federal Arbitration Act for ue caring, p. e P.5 .fang 10 05 09:12p p.9 'Aug 10 2005 10:41 AD CONSULTING LLC 9523669095 P.6 modifying or oonwbN nn atleW. ftright to judloW revitlw of (ft) vrttel w ft flndhw Wad rendered by the arbitratot we au pot? by suittlsl evidence. end (b) whOw the condusions of law are erroneous under the subeh r" law or the a aN of South De1ralill. JudgemerR an dww d in we h a praGoo nQ may 4s, 10 1-d only It a opttrt determin" DW tit ~4 by subltd Wal BvK*m lend rot bmW an Ilso emir urt+ w the subMantlwy law of Ihp S4te of 8&-Jb Oelaots. All MAO= of MmltNbn appficeble to any Dlapule OW apply to any ArWfMtlon between you and us, if a Dispute is propel1y filed in a amid ctairns or jusks dauR and if the smolt ale" or justice court has Jurisdiction to reeoNe the claim. ftkMfnq all croseclahns and cou nteratah is. than the peay that der normft Arbitration and removes the DbpuW iron the small clowns or justrca court shall pay the administrative foe of fie AAA ud the fees, cosh and emoniee of the arbitrator. The forepoino Agreement sW not prevent us from emetsing cw dahla under any security aptoemant in the ease of a debt arising W" any non-eonset?nwr credit t anseckw% our right to set ord. 16. NOTICES. Any notice raWhad 1o be provir0 to you under tltis Aorooriwtt shall be given at yow address shown on our records and shaft be effective when mailed by us unless olfner w+se required by South Dakots. in Which case South Dakota law wilt govern. You agree to adviso us promptly of any change bo your address. # you ere a Cailfornie residers, you agree lief we may obtain your most current residence address from the Oop<7rtetlent of Motor Vehicles and therefore you weiw yew rights under the Vehicle Code Section 18N.21. Any notice ter Action Caro at P.O. Box 3052. Skxm Fells. SO 67117-5M. or such ~ address as we may give by notice to you as, provided in thib Apfe pron. shalll be effective when received by us. We may report your pods mere undere this Agreement to credit reporting agenciew The infamu ivn provided welt be your name. eddraea. Aeoouett nurnber, Social SecuMy number. the st Ais of yaw Aoeowht. and any other k0orntatfvn required by law, n you think " heave reported erroneous :rfanmr ion about you tp a credit raportsnp agency. please reify us. We will kwes*p1e, the matter by contacting each ere0t reporting agency whose records may reflect the error and rsquirinp them to COtrect your report if you are cared. f wee diswee vft you after the investigwtiort. we wit notify ypu in m titep or by Mophone and rtstruet you how to submit Ile thew sgerfdett s slat wnent of your posklon that will becme a part of your credit report with Mom. 17. SMRABILITY. K any pmwision etthis; Agreernent shag the determined to be WmWd or uneMarceeble under any rule. looK or regWstion of arty gaiverru wAst egenccy, local. suet. or fooere4 the v"ty or *rforceability of any other provision of tMs Agreement shag not be affected. 1$. GOVERNING LAW. This Agreement will be governed by trio low of ft State of South Dakota except to the extent governed by fedwat low. 19. AMENDMENT OR U00iFICATION. We may modify tries Agreement with regard to existing Valences and Muro transactions by ngiNing notice of file modificrelion to you at your current designated address. We may change the Anneal Peroereage Pift or any other term in this Agreement. We *N provide prior notice to yaw of any such m06111cMim. as may be provided by South Dakots or federal law. 20. FINANCIAL STATEMENTS. You Gorse to provide us with an updated financial *element upon request 21. CREDIT' INFOPMATION. You agree Viet vie may request a aonstunar credit report from one or irrore credit reporting agencies it connection vAM your application and tM adminlebution of your Awount. You *be authorize to to exotenge credit kftrmatlon ca%mwing you or yaw A= wsw with (and answer questions and requests, from) others. such as merehents and credit reporting agencies. 22. WMING INFORMATION WITH AFFILIATES. We may share Information about you vAth our sfNi w companies. You may regwK that we do not share inlormotion (chief then that related to your Account) with our aff'ilkoss. by writtrtp to uo at: Action Card. P.O. Box 5052. Sioux Fable, SD 57117_ 5052. Memo krpudd your name, address and Accourd number wish your request. 23. GAROMEvMBER LISTS. Frovn teens f0 wrm. we may share our cardmernber fists with eorrVimies whose produt is and services we think vM be of interest to you. We aereflully revlew these offer: to make sure they meet our standards. You may request that your niece not be given to th*se compenias by writing to us at Action Card. F?.O. Box 6062. Sioux Fans. SO 57117.5052. release include your name. wwron and Account number with your rpwet. rluS lu U../ UO: 1cp P. LU 'Aug 10 2005 10x42 RH CONSULTING LL.C 9523689085 p.7 24, $KIPIPROMOTIONAL FEATURES. From um0110 tints, ter MRY lei PY *kip or redWX Wo or mom Mw* owea during 6 •yw oft vw moy tnnpon" *Uce W lowme 0stiml11'yW" d"d On eli or a peft o of your A88dunt btllwas or aftir ytxl ovw spttru111e ms. N we do. we will 0"" you of the Stop* and duration at the applicable skip or prornotlortet teelunr. When the slap or prOf tiwel fa hn ends. your ftiqulat robs and Isms wN resume. 25. TELOPHONE INSTPAJC'(K*WL40NITOltM O. E ybur appWoon cure falconOvwithe teiephono, YOU r" rm ~ Cons" to am ? eserr4t v0A appNgbort for your Card an Atoour t and your rcoaptarxe?terms of that ? te this Agreement. If we rec" instrucliions by 1*1100 7ne from sornetxte vo believe to be a party to this AigreernenL we may, at our cols duvetIan. follow ft inetruc0ons. Our ix4erstalWinq of such instrvctione and our reoorde ahaN be cahclueAre svidenoa of the actual lneatrplons Shen. We may monitor teleovirm convsraaiaons we hang wah you in order to encore hi9laqualkyresponse nod service. You agree that we will have suat AgM with mmoact to all 1Nep #ww eor%woutions between you and our emp%yom whedw initiated by you or aryl our employ. 28 LIABILITY FOR UNAUTHORIZED USE. You may be liable for unauthorized use of ywu Card. You will not be liable for unauttfortmd use that occurs alter you notify us orally or In wr" of em loss. Mat. or possible unauthorized we at 1-OM8311-MMI. Action Card Same* Oepartrnent, P.O. Box 501 T. Sioux Fans, 30 57117-5017. in any cow your liability will not exceed $50. See 'Your Oiling Rights" listed on the back panel for additional Infornmativn. YOUR 04LLJNG RIGHTS KEEP THIS NOTICE FOR FUTURE USE This nofte? Contains important information about your rights and our responsibilities under the Fair Credit Bh1hV ACL Notify Vs in Call of Orwis or Questions About Your DIN If you think your bill is wrong, or if you need whore inbrtrtatbn about a transectlon on your big. VA*O ui On a Separate cheat at AMM Card. PO Box 3012. Sbuu Fags, SO 57117-012. Write to us as soon as possible . We must hear from you no later then 60 dais afoer we sent you the first bill on which tlhe error or problem appeared. You can telephone ua. but doing so will not preserve yaw rot&. In your letter. time us the blowing k0orrnetion: Your name and Account number. The dollar amount of Vw suspected errw- Dew" the of roil and explain. If you Can. why you believe there is an error. M you need Abort! Worm "cri. 005clibe the heath you we not sure about. If you have au~zed us to pay your credit card bill autorrrab a N fsom your sevings or checking account. you can stop the payment on any amot h you think is wrertq. To slop the payment your letter must react us three business deys before the automatic ownent is scheduled to occur. Your Rights and Our Rpsponalblltties After W* Receive Your WrWAn Notice We must acknowledge your 1 it- within 30 days. urdess we ham corrected the error by then Within 90 gays, we Rhust ekW correct the error or mplein why we believe the bill web correct. After we receive your WW. we Cannot try to colloot any amount you question. or report you as delinquent. we am continue b Will you for I* wriount you question, including finance charges, and we can sporty any unpaid amount against your credit limit. You do not have to pay any quesboned amount whits we are i ivinduat>ing, tort you are *0 obligated to pay the peAs of your bill that are not in question. If we find that we made a mWAke on your bill. you MAN riot have to pay any finance c hergee related to any questioned arnount. If we didn't matte a mistake, you may have to pay finance charges. ant you will have to make vp any rnlased payments on *w Toned w"ouni, to eNMt oeas, we wit send you a slatie nient of the anxKmtyou ma and the data that it is dwe. tt you fttd to pay the amount that we think you Owes. we may report you as delinquent. Noway w. if our explanation does not sslfsiy you and you write to us within tan days bw ft us that you still refuse to pay. vm must NO anyone we report you to that you have a question about your bill. And. we must ten you the name of anyone we repotted you to We Must tell *fk)wm we report you to tint the matter has been bottled between us when It finally is resolved. If we dory! Wkm these rules, wile cane collect the Bret W of the questioned amount, even if your bill was correct. $peaial Ruts for Credit Card Purchases Pug 1 0 0 5 09:13P .-?„.,..? ."......»«' Aug 10 2005 10:43 RB CONSULTING LLC 9523689085 K you haul a problem with ft gWdY of PVWtY or •srvi M V* you purchowd wkh a credit c". w4 yam, haws tried in good loth to ca'raU fhtt problem wMh ra lnuctwpK you may heve Vw right no? pay un ronudrft amount dtw an the property or se viols. There are two mT t tkxn on this • You must have made the purchase, in your hoons stag or. If not within you' home star. within 100 wines of ywir eunwo m Ming address; and • The purchaw Ow must how been move than SM. P. 1 i p:8 These, knkations do not apply it vre own or operate, the merahftnt. or If we mailed you the sovarwwr4mt for the, prgperttr or services. [Back to top] 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. ' /.. rl'.', Harry A usser, III, Ren? ration IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of RAB Performance Recoveries, Plaintiff vs. CIVIL-LAW SARAH E. DOUGHERTY CHACE, DOCKET NO. Defendant : AFFIDAVIT OF NON-MU.JTARY 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" Nay of ll5? , 2009 jai V,/o Laurinda J. Voelck , 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 Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembeis Civil Relief Act Page 1 of 1 AUG-17-2009 09:04:13 --t,. Last Name Fint/Middle Begin Date Active Duty Status Service/Agency DOUGHERTY CHACE SARAH E Based on the information you have famished, 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. rho w ,w.<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 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://-vNww.defensel nk.nul/faq/ i?s/PC09SLDR.htn-fl 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: ERCWLEQJM https:/Avww.dmdc.osd.mil/scra/owa/scra.prc_Select 08/17/2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of RAB Performance Recoveries, Plaintiff vs. : CIVIL-LAW SARAH E. DOUGHERTY CHACE, : DOCKET NO. Defendant CERT FTCATION 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: Sarah E. Dougherty Chace 4707A Charles Road Mechanicsburg, PA 17050 Respectfully submitted, Laurinda J. Voe4kr, Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Telephone 570-387-1873 Fax 570-387-6474 (2) F RE `' OF TF?IE 2309 AUG 3) ! I; _j i s v 8 ?Jiul_" p7s.sa -ML ? 2iQe4/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of RAB Performance Recoveries, Plaintiff vs. CIVIL-LAW SARAH E. DOUGHERTY CHACE, DOCKET NO. QQ --SQ Y y Defendant ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully Submitted, THE REMIT CORPORATION Z;44 - I, AURINDA J. O LCKER, ESQUIRE Attorney No. 82706 36 W Main St Bloomsburg, PA 17815 Telephone 570-387-1873 Fax 570-387-6474 i !?, ARY 0 H 1. 5 I T) 2099 Wo 3 t J 1 )ti v s CUM,' ::- t t r ?'C I it «i`1 4.v , `a?t? Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant ?9`yttih? ?f ?atr'Lrrtt?f4 FILH)-43'r- (F W PP01 #-± ..,, )TARY 2009 S£P -8 AM 10: 3 b PENNSl'i.YAN A, Edward L Schorpp Solicitor Remit Corporation vs. Sarah E. Dougherty Chace Case Number 2009-5944 SHERIFF'S RETURN OF SERVICE 09/03/2009 06:28 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on September 3, 2009 at 1828 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Sarah E. Dougherty Chase, by making known unto herself personally, at 4707A Charles Road Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 SO ANSWERS, September 04, 2009 R THOMAS KLINE, SHERIFF By,74" JA16? Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW SARAH DOUGHERTY CHACE, DOCKET NO. 09-5944 Defendant PRAECIPE TO WITHDRAW COMPLAINT To The Prothonotary: Please withdraw the complaint filed by the Plaintiff, REMIT CORPORATION, against Defendant, SARAH DOUGHERTY CHACE. Respectfully Submitted, THE REMIT CORPORATION LAURIND ELCKER, ESQUIRE Attorney ID 82706 Attorney for Plaintiff The Remit Corporation 36 W Main St PO BOX 7 Bloomsburg, PA 17815 Telephone 570-387-1873 Fax 570-387-6474 OF THE_ PROTHONOTARY 2009 OCT -8 Phi 2: 2It