The URL can be used to link to this page

Home My WebLink About09-8471THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. JAMIE RISLEY, : CIVIL-LAW DOCKET NO. O q " 0 q ?l . . _7? clu t C Defendant NOTICE TO DEFENDANT TO THE DEFENDANT: YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service 100 South Street, P.O. Box 186 Harrisburg, PA 17108 800-692-7375 717-238-6807 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ,0? Wvt??_ LAURINDA J. V LCKER, ESQUIRE Attorney for Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW JAMIE RISLEY, 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. 2. The Defendant, Jamie Risley, is an individual residing at 2024 Market Street, Apartment 2"d, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant obtained a Visa credit card on or about July 12, 2004, from AmeriChoice Federal Credit Union, (hereinafter "original creditor"), account number 4202 9000 0007 3345. 4. On or about December 2, 2008, Remit Corporation purchased the account of Jamie Risley 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. 5. Defendant used the extended credit leaving an unpaid balance of $826.77 with interest continuing to accrue at 12.90% per annum. 6. Defendant defaulted on the payments due and the last activity on this account was on or about November 17, 2006. 7. To date the charge-off balance is $624.47 and $202.30 post-charge off interest for a total of $826.77. 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 the credit card, Defendant agreed to repay the money loaned including all charges for fees and interest on his/her account. 10. The reasonable charges and expenses owing for the credit card use is $826.77. 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 $826.77. 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(1), copies of these agreements are attached hereto, incorporated herein and referred to hereafter as Exhibits B and C. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $826.77 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 for these accounts 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 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 he/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 $826.77. 19. In breach of the implied contracts, Defendant has failed and refused to pay the outstanding sum for the credit card use and for the personal 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 these accounts and the assignment of all rights to the Plaintiff, Defendant is indebted to the Plaintiff in the amount of $826.77. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $826.77, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. COUNT III QUANTUM MERUIT/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 $826.77. 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 $826.77 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 $826.77, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. Respectfully Laurinda J. Voelc r, Esquire Attorney for Plai tiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Phone: 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 10of11 AMERICHOICE FEDERAL CREDIT UNION A table that includes the APRs and 20 Sporting Green Drive other required cost disclosures for Mechanicsburg, PA 17050 credit card applications is on the re- (717) 795-0249 verse side of this application. -5d ?y- CREDIT CARD APPLICATION Individual Credit: You must complete the Applicant section about yourself and the Other section about your spouse if: (1) you live in or the property WI); (2) your spouse will use the account, or, (3) you TX WA NM NV ID LA AZ CA roperty state (AK cated in a communit l i l ll t d , , , y p era s o as co a ledge If you are relyin income as a basis for repayment ' l i , , , , , , child support, or separate maintenance, complete g on income from alimony , . ng on your spouse s are re y ossible about the person on whose payments you are relying. nt th t t t th p e ex ion e o er sec the O OJoint Credit: If you are applying with another person, complete the Applicant and Other sections. Other: ECo-Applicant ESpouse Applicant NAME (Last - First - Initial) MOTHE E NAME (Last - First - Initial) MOTHER'S MAIDEN NAME ACCOUNT NUMBER SOCIALS I a740 I ACCOUNT NUMBER SOCIAL SECURITY NUMBER I _ DRIVER'S LICENSE I?W / DRIVER'S LICENSE NUMBER / STATE H p K PHONE/ EXT BIRTH DATE HOME PHONE WORK PHONE/ EXT ( ) I I ) E-MAIL ADDRESS E-MAIL ADDRESS AD S Street - C - t - Z) OWN ENT YEARS AT I PRESENT ADDRESS (Street - City - State - Zip) ? OWN ? RENT YEARS AT THIS ADDRES ADDRESS PREVIOUS ADDRESS (Street - ity - Stat - Zip) W? RENT YEARS AT THIS PREVIOUS ADDRESS (Street - City - State - Zip) ?OWN ? RENT YEARS AT THIS ADDRESS ADDRESS MORTGAGEIRENT OWED TO: MORTGAGE'RENT OWED TO: MORTGAGE LANCE MON H NT NO. OF DEPFpipENTS & AGE MORTGAGE BALANCE MONTHLY PAYMENT NO. OF DEPENDENTS & AGE COMPLETE FOR JOINT CREDIT, SECURIEM CREDIT OR IF YOU LIVE IN A COMMUNITY PROPERTY STATE: COMPLETE FOR JOINT CREDIT, SECURED CREDIT OR IF YOU LIVE IN A COMMUNITY PROPERTY STATE: ED F-ISEPARATED UNMARRIED (Single - Divorced - Widowed) RR 0 MARRIED SEPARATED UNMARRIED (Single - Divorced - Widowed MA I ND ADD PLO ER prnp{oyrfnnEflrl•cun•. NAME AND ADDRESS OF EMPLOYER STA A POSITION START DATE POSITION NOT] LI ONY, CHILD SUPPORT, OR SEPARATE MAINTENANCE INCOME NEED NOT BE REVEALED NOTICE: ALIMONY, CHILD SUPPORT, OR SEPARATE MAINTENANCE INCOME NEED NOT BE REVEALED HOOSE TO HAVE IT CONSIDERED T IF YOU D NOT CHOOSE TO HAVE IT CONSIDERED. . IF YOU DO NO C EMPLOYMENT INCOME OT ME EMPLOYMENT INCOME OTHER INCOME JIM $ PER $ P $ PER _ $ PER ? N ? GROSS SO R E - ? NET ? GROSS SOURCE NA S OF P O STA END T NAME AND ADDRESS OF PREVIOUS EMPLOYER START DATE/END DATE 7- r T ob IT ilspo•ft Aacaunt 3 trtninb•r ilifAL6E Credlli Na me BALANCE MONTHLY P Y SAVINGS - $ CREDITOR $ $ CHECKING 4 51-7 A-1- $ CREDITOR $ $ IDOW A•as#s CREDITOR $ $ OTHER PROPERTY $ CREDITOR $ $ OTHER $ AUTO $ $ AUTO MAK EAR OTHER $ $ t CANT APPLI OTHER xff Ot#W Int IF YOU ANSWER "YES" TO ANY QUESTION OTHER THAN x411, EXPLAIN ON AN ATTACHED SHEET. YES NO YES NO Alwut Ytut 1. ARE YOU A U.S. CITIZEN OR PERMANENT RESIDENT ALIEN? 2. DO YOU CURRENTLY HAVE ANY OUTSTANDING JUDGMENTS OR HAVE YOU EVER FILED FOR BANKRUPTCY, HAD A DEBT ADJUSTMENT PLAN CONFIRMED UNDER CHAPTER 13, HAD PROPERTY FORECLOSED UPON OR REPOSSESSED IN THE LAST 7 YEARS, OR BEEN A PARTY IN A LAWSUIT? 3. ARE YOU A CO-MAKER, CO-SIGNER OR GUARANTOR ON ANY LOAN NOT LISTED ABOVE? FOR WHOM (Name of Others Obligated on Loan): TO WHOM (Name of Creditor). Ra%F*F f• RELATIONSHIP: HOME PHONE: NAME AND ADDRESS OF NEAREST RELATIVE NOT LIVING WITH YOU: Std (a1M{ Nth OHIO RESIDENTS ONLY: The Ohio laws against discrimination of the agreement, statement or decree, or has actual knowledge of its terms, before the require that all creditors make credit equally available to all creditworthy customers, and credit is granted or the account is opened. (2) Please sign if you are not applying for this that credit reporting agencies maintain separate credit histories on each individual upon account or loan with your spouse. The credit being applied for, if granted, will be incurred in request. The Ohio Civil Rights Commission administers compliance with this taw. the interest of the marriage or family of the undersigned. WISCONSIN RESIDENTS ONLY: (1) No provision of any marital property agreement, y unilateral statement under Section 766.59, or court decree under Section 766.70 will J? adversely affect the rights of the Credit Union unless the Credit Union is furnished a copy Signa SIGNATURE FOR WISCONSIN R SIDENTS ONLY DATE tures You promise that everything you have stated in this application is correct to the best of NCUA. You understand that the use of your card will constitute acknowledgment of receipt your knowledge. If there are any important changes you will notify us in writing immediately. and agreement to the terms of the credit card agreement. A condition of your account is You authorize the Credit Union to obtain credit reports in connection with this application your granting us a security Interest in your share accounts. By signing below you for credit and for any update, increase, renewal, extension, or collection of the credit grant us a security interest In all individual and joint share and/or deposit accounts received. You understand that the Credit Union will rely on the information in this application you have with us now and In the future to secure your credit card account. Shares and your credit report to make its decision. If you request, the Credit Union will tell you the and deposits in an Individual Retirement Account and any other account that would name and address of any credit bureau from which it received a credit report on you. It is lose special tax treatment under state or federal law if given as security are not a federal crime to willfully and deliberately provide inc to or incorrect information on subject to this security interest. When you are In default we may apply the balance loan ications made to federal credit unions or a ch ered credit unions insured by In these accounts to any amounts due under the credit card agreement. APPLI NT SIGNATURE DATE OTHER SIGNATURE EXHIBIT CREDIT UNION 13 APFROyEO No. oR cow cAEOrr urarr t caEOrr oAao /j ? / USE ONLY 13 DISCt.INE0 CREMT COMyTM OR LOAN OFFICER S*MTURE ( J1 CUNA MUTUAL GROUP. 1995, 2001, ALL RIGHTS RESERVED TO ORDER: 1-800-356-5012 a T ti LI U) C Al K i Ir •? I L Z >. >>, O• cc O C O 1. U L CV ? c CD :Z z <L _ a U 050L l vd 9EjnaS01NVHJJV' ]AIHQ N3380 ONIIHOdS 0,' NOINrl DODHO-IVH343H 30E0HOIHAM 0 C? c O 0 z . 0% N CU ? CJ U LL a 0 =E ry ID LL t- DD C {D O U H J } 0 7 n - Cl 3 ll a V cti Cc O C nS s_ .C ?a O p n > 3 E ca v id (D O c. '? N d .. -C CL O ? O V - ?? w ccs N O .A . Q E_ O 0 -0 ro ' {) : O C o N `_ U c = cc n co n *' c ro V N O a) ca 0 « c .O a) Co a) C " U h = O r• ca N Y LL s N 5? N q d5 ? `o = dm o 'F m i? c7 2 J J • 20 Sporting Green Drive JIjIleri Mechanicsburg, PA 17050 FEDERAL CREDIT UNION (717) 795-0249 VISA CLASSIC VISA CREDIT CARD AGREEMENT In this Agreement the words "you" and "your" mean each and all of those who agree to be bound by this Agreement; "Card" means the VISA credit card and any duplicates, renewals, or substitutions the Credit Union issues to you; "Account" means your VISA credit card line of credit account with the Credit Union, and "Credit Union" means the Credit Union whose name appears on this Agreement or anyone to whom the Credit Union transfers this Agreement. 1. USING YOUR ACCOUNT - If you are approved for an Account, the Credit Union will establish a line of credit for you and notify you of your credit limit. You agree that your credit limit is the maximum amount (purchases, cash advances, finance charges, plus "other charges") that you will have outstanding on your Account at any time. If you are over your credit limit, you must pay the amount you are over before payments will begin to restore your credit limit. You may request an increase in your credit limit only by a method acceptable to the Credit Union. The Credit Union has the right to reduce your credit limit, refuse to make an advance and/or terminate your Account at any time for any reason not prohibited by law. 2. USING YOUR CARD - You understand that the use of your credit card will constitute acknowledgement of receipt and agreement to the terms of the credit card agreement. You may use your card to make purchases from merchants and others who accept Visa cards. However, you may not use your card to initiate any type of gambling transaction. If you wish to pay for goods or services over the Internet, you may be required to provide card number security information before you will be permitted to complete the transaction. In addition, you may obtain cash advances from the credit union and from other financial institutions that accept Visa cards, and from some automated teller machines (ATMs). (Not all ATMs accept Visa cards.) To obtain cash advances from an ATM, you must use the personal identification number (PIN) issued to you for use with your card. You agree that you will not use your card for any transaction that is illegal under applicable federal, state or local law. 3. RESPONSIBILITY - You agree to pay all charges (purchases and cash advances) to your Account that are made by you or anyone whom you authorize to use your AcccunL You also agree to pay all finance charges and other charges added to your Account under the terms of this Agreement or another agreement you made with the Credit Union. If this is a joint Account, Section 17 below also applies to your Account. 4. FINANCE CHARGES - A Finance Charge will be imposed on Credit Purchases only if you elect not to pay the entire New Balance of purchases shown on your monthly statement for the previous billing cycle within twenty-five (25) days from the closing date of that statement. If you elect not to pay the entire New Balance of purchases shown on your previous monthly statement within that 25-day period, a Finance Charge will be imposed on the unpaid average daily balance of such Credit Purchases from the previous statement closing date and on new Credit Purchases from the date of posting to your account during the current billing cycle, and will continue to accrue until the closing date of the billing cycle preceding the date on which the entire New Balance of purchases is paid in full or until the date of payment if more than twenty-five (25) days from the closing date. The Finance Charge for a billing cycle is computed by applying the monthly Periodic Rate of 1.075%, which is an ANNUAL PERCENTAGE RATE of 12.90% to the average daily balance of Credit Purchases, which is determined by dividing the sum of the daily balances during the billing cycle by the number of days in the cycle. Each daily balance of Credit Purchases is determined by adding to the outstanding unpaid balance of Credit Purchases at the beginning of the billing cycle any new Credit Purchases posted to your account, and subtracting any payments as received and credits as posted to your account, but excluding any unpaid Finance Charges. A Finance Charge will be imposed on Cash Advances from the date made or from the first day of the billing cycle in which the Cash Advance is posted to your account, whichever is later, and will otherwise be calculated in the same manner as explained above for Credit Purchases. Balance transfers are calculated in the same manner as cash advances. 5. OTHER CHARGES - The following other charges (fees) will be added to your Account, as applicable: a. Over-the-Credit-Limit Fee. You maybe charged a fee of $10.00 on a state- ment date if your New Balance on that date, less any fees imposed during the cycle, is over your credit limit. You will be charged the fee each subsequent month unfit your New Balance on the statement date, less any fees imposed during the cycle, is BELOW your credit limit. b. Late Payment Fee. If you are ten (10) or more days late in making a payment, a late charge of $10.00 will be added to your account. c. Collection Cost Fee. To the extent permitted by law. You will also be required to pay the credit unions 20% collection expenses. Including court costs and attorneys fees. 8. PAYMENTS - Each month you must pay at least the minimum payment shown on your statement by the date specified on the statement or no later than twenty-five (25) days from the statement closing date, whichever is later. If your statement says the payment is "Now Due," your payment is due no later than twenty-five (25) days from the statement closing date. You may pay more frequently, pay more than the minimum payment or pay the Total New Balance in full. If you make extra or larger payments, you are still required to make at least the minimum payment each month your Account has a balance (other than a credit balance). The minimum payment is 2% of your Total New Balance, or $15.00, whichever is greater, plus the amount of any prior minimum payments that you have not made, and any amount you are over your credit limit. The Credit Union also has the right to demand immediate payment of any amount by which you are over your credit limit. 7. PAYMENT ALLOCATION - Subject to applicable law, your payments may be applied to what you owe the Credit Union in any manner the Credit Union chooses. We may accept checks marked "payment in full" or with words of similar effect without losing any of our rights to collect the full balance of your account with us. 8. SECURITY INTEREST- If you give the Credit Union a specific pledge of shares by signing a separate pledge of shares, your pledged shares will secure your Account. You may not withdraw amounts that have been specifically pledged to secure your Account until the credit union agrees to release all or part of the pledged amount. In addition, your Account is secured by all other shares you have in any individual or joint account with the Credit Union, except for shares in an Individual Retirement Account or in any other account that would lose special tax treatment under state or federal law if given as security. You authorize the Credit Union to apply the balance in your individual or joint share accounts to pay any amounts due on your Account if you should default. Collateral securing other loans you have with the Credit Union may also secure this loan, except that a dwelling will never be considered as security for this Account, notwithstanding anything to the contrary in any other agreement. 9. DEFAULT -You will be in default if you fail to make any minimum payment or other required payment by the date that it is due. You will be in default if you break any promise you make under this Agreement. You will be in default if you die, file for bankruptcy or become insolvent, that is, unable to pay your obligations when they become due. You will be in default If you make any false or misleading statements in any credit application or credit update. You will also be in default if something happens that the Credit Union believes may substantially reduce your ability to repay what you owe. When you are in default, the Credit Union has the right to demand immediate payment of your full Account balance without giving you notice. If immediate payment is demanded, you agree to continue paying finance charges, at the periodic rate charged before default, until what you owe has been paid, and any shares that were given as security for your Account may be applied towards what you owe. 10. LIABILITY FOR UNAUTHORIZED USE-LOST/STOLEN CARD NOTIFICATION - You agree to notify us immediately, orally or in writing at 20 Sporting Green Drive, Mechanicsburg, PA 17050 or telephone (717) 795-0249 Monday through Friday 8:00 am - 4:00 pm EST, (800) 433.0505 Monday through Friday 8:00 am - 6:00 pm EST, or (800) 991-4961 seven (7) days a week twenty-four (24) hours a day, of the loss, theft, or unauthorized use of your Credit Card. You may be liable for the unauthorized use of your Credit Card. You will not be liable for unauthorized use that occurs after you notify us of the loss, theft, or possible EXHIBIT V CUNA MUTUAL GROUP 19M. 7007, ALL RIGHTS RESERVED 27512cvc CUSTOM 02/11/09 31399 G unauthorized use. You will have no liability for unauthorized purchases made with your credit card, unless you are grossly negligent in the handling of your card. In any case, your liability will not exceed $50. 11. CHANGING OR TERMINATING YOUR ACCOUNT - The Credit Union may change the terms of this Agreement from time to time. Notice of any change will be given in accordance with applicable law. If permitted by law and specified in the notice to you, the change will apply to your existing Account balance as well as to future transactions. Either you or the Credit Union may terminate this Agreement at any time, but termination by you or the Credit Union will not affect your obligation to pay the Account balance plus any finance and other charges you owe under this Agreement. You are also responsible for all transactions made to your Account after termination, unless the transactions were unauthorized. The Card or Cards you receive remain the property of the Credit Union and you must recover and surrender to the Credit Union all Cards upon request or upon termination of this Agreement whether by you or the Credit Union. The Credit Union has the right to require you to pay your full Account balance at any time after your Account is terminated, whether it is terminated by you or the Credit Union. If this is a joint Account, Section 17 of this Agreement also applies to termination of the Account. 12. CREDIT INFORMATION - You authorize the Credit Union to investigate your credit standing when opening or reviewing your Account. You authorize the Credit Union to disclose information regarding your Account to credit bureaus and creditors who inquire about your credit standing. If your account is eligible for emergency cash and/or emergency card replacement services, and you request such services, you agree that we may provide personal information about you and your account that is necessary to provide you with the requested service(s). 13. RETURNS AND ADJUSTMENTS - Merchants and others who honor your Card may give credit for returns or adjustments, and they will do so by sending the Credit Union a credit slip which will be posted to your Account. If your credits and payments exceed what you owe the Credit Union, the amount will be applied against future purchases and cash advances. If the credit balance amount is $1 or more, it will be refunded upon your written request or automatically after six (6) months. 14. ADDITIONAL BENEFITS/CARD ENHANCEMENTS - The Credit Union may from time to time offer additional services to your Account, such as travel accident insurance, at no additional cost to you. You understand that the Credit Union is not obligated to offer such services and may withdraw or change them at any time. 15. FOREIGN TRANSACTIONS - Visa. Purchases and cash advances made in foreign currencies Vol] be debited from your account in U.S. dollars. The exchange rate between the transaction currency and the billing currency used for processing international transactions is a rate selected by Visa from a range of rates available in wholesale currency markets for the applicable central processing date, which rate may vary from the rate Visa itself receives or the government-mandated rate in effect for the applicable central processing date. The exchange rate used on the processing date may differ from the rate that would have been used on the purchase date or cardholder statement posting date. A fee of 1 percent of the amount of the transaction, calculated in U.S. dollars, will be imposed on all multiple currency foreign transactions, including purchases, cash advances and credits to your account. A fee of 0.8 percent of the amount of the transaction, calculated in U.S. dollars, will be imposed on all single currency foreign transactions, including purchases, cash advances and credits to your account, A foreign transaction is any transaction that you complete or a merchant completes on your card outside of the United States, with the exception of U.S. military bases, U.S. territories, U.S. embassies or U.S. consulates. 16. MERCHANT DISPUTES - The Credit Union is not responsible for the refusal of any merchant or financial institution to honor your Card. The Credit Union is subject to claims and defenses (other than tort claims) arising out of goods or services you purchase with the Card 9 you have made a good faith attempt but have been unable to obtain satisfaction from the merchant or service provider, and (a) your purchase was made in response to an advertisement the Credit Union sent or participated in sending to you; or (b) your purchase cost more than $50 and was made in your state or within one hundred (100) miles of your home. 17. JOINT ACCOUNTS - If this is a joint Account, each person on the Account must sign the Agreement (by signing on the application). Each of you will be individually and jointly responsible for paying all amounts owed under this Agreement. This means that the Credit Union can require any one of you individually to repay the entire amount owed under this Agreement. Each of you authorizes the other(s) to make purchases or cash advances individually. Any one of you may terminate the Account and the termination will be effective as to all of you. 16. EFFECT OF AGREEMENT - This Agreement is the contract which applies to all transactions on your Account even though the sales, cash advances, credit or other slips you sign or receive may contain different terms.. 19. NO WAIVER - The Credit Union can delay enforcing any of its rights any number of times without losing them. 20. STATEMENTS AND NOTICES - Statements and notices will be mailed to you at the most recent address you have given the Credit Union. Notice sent to any one of you will be considered notice to all. 21. FINAL EXPRESSION - This Agreement is the final expression of the terms and conditions of this VISA line of credit between you and the Credit Union. This written Agreement may not be contradicted by evidence of any alleged oral agreement. 22. COPY RECEIVED - You acknowledge that you have received a copy of this Agreement. 23. SIGNATURES - By signing in the Signature area of the application form that was attached to this Agreement when you received it, you agree to the terms of this Agreement. You should detach this Agreement from the application and retain it for your records. YOUR BILLING RIGHTS KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about your rights and our responsi- bilities under the Fair Credit Billing Act. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BILL - If you think your bill is wrong, or if you need more information about a transaction on your bill, write us on a separate sheet at the address listed on your bill. Write to us as soon as possible. We must hear from you no later than sixty (60) days after we sent you the first bill on which the error or problem appeared. You can telephone us, but doing so will not preserve your rights. In your letter, give us the following information: • Your name and account number. • The dollar amount of the suspected error. • Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your credit card bill automatically from your savings or share draft account, you can stop the payment on any amount you think is wrong. To stop the payment your letter must reach us three (3) business days before the automatic payment is scheduled to occur. YOUR RIGHTS AND OUR RESPONSIBILITIES AFTER WE RECEIVE YOUR WRITTEN NOTICE - We must acknowledge your letter within thirty (30) days, unless we have corrected the error by then. Within ninety (90) days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We can continue to bill you for the amount you question, including finance charges, and we can apply an unpaid amount against your credit limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within tan (10) days telling us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must tell you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finally is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct. SPECIAL RULE FOR CREDIT CARD PURCHASES - If you have a problem with the quality of property or services that you purchased with a credit card, and you have tried in good faith to correct the problem with the merchant, you may have the right not to pay the remaining amount due on the property or services. There are two (2) limitations on this right: • You must have made the purchase in your home state or, if not within your home state, within one hundred (100) miles of your current mailing address; and • The purchase price must have been more than $50. These limitations do not apply If we own or operate the merchant, or if we mailed you the advertisement for the property or services. 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. /Z r?Uf ? J=?=, --,? Harry A. trausser, III, Remit orporation THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. : CIVIL-LAW JAMIE RISLEY, 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. u? Dated this / day of 009 LaLirinda J. Voelcker, E! Attorney for Remit Coq PA ID #82706 i 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 Request for Military Statwq Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of I JUN-01-2009 05:20::2 Last Name First/Middle Begin Date Active Duty Status Service/Agency RISLEY JAIME R 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: HITNZTNXXD https://www.dmdc.osd.mil/scra/owa/scm.prc_Select 06/01/2009 ¦ r THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. CIVIL-LAW JAMIE RISLEY, DOCKET NO. Defendant 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: Jamie Risley 2024 Market Street, Apt 2°a Camp Hill, PA 17011 Respectfully submitted, Laurinda J. Vo 1cker, Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 oll, aooF -ba ?9rn u.2G f crc-4 «o'o ??-#- ? 3?lla Sa THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW JAMIE RISLEY, DOCKET NO. U v C Defendant ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully submitted, THE REMIT RPO ION Laurinda J. Voelcker, squire Attorney for Plainti PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 %Y,L,L OW'r-f-- 4U, 5aa46x-ed')? L ., c (David D. Bueff Prothonotary KirkS. Sohonage, ESQ SoCicitor ?§nee T, Simpson 151 Deputy Prothonotary Irene E. Morrow 2"d Deputy Prothonotary Office of the lnrothonotary Cumber(and County, 1Pennsy(vania t- eylLCIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 30TH DAY OF OCTOBER, 2012, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P. 230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 0 Carl sCe, PA 17013 0 (717 240-6195 • Fa.-)c (717 240-6573