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HomeMy WebLinkAbout10-0763IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. CORRINE D. HEMPT, Defendant NOTICE TO DEFENDANT LL_` TO THE DEFENDANT: CIVIL-LAW : DOCKET NO. to -- -76.3 CL-"it".ey" 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 c .? N i Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 k- w 1c) Attorney Tor Y tltt X42 .,:::o ?I 44,1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, ; Plaintiff vs. CIVIL-LAW CORRINE D. HEMPT, DOCKET NO. Defendant ; COMPLAINT The Plaintiff, Remit Corporation, by and through its attorney Laurinda Voelcker, Esquire, hereby files this Complaint of which the following is a statement: 1. The Plaintiff, Remit Corporation, is a Pennsylvania Corporation doing business at 36 West Main Street, P.O. Box 7, Bloomsburg, Columbia County, Pennsylvania 17815. 2. The Defendant, Corrine D. Hempt, is an adult individual residing at 3790 Mountain View Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Defendant is indebted to the Plaintiff in the amount of $1,408.03 for unpaid account as detailed below. 4. On or about December 2, 2008, Remit Corporation purchased the accounts of Corrine D. Hempt from the original creditor. The sale included the transfer of all right, title, and interest in the account to Remit Corporation. A copy of the relevant document for this transaction is attached hereto, incorporated herein and referred to hereafter as Exhibit A. AUTOMOBILE LOAN 5. Defendant obtained a financial loan on or about March 8, 2005 from Americhoice Federal Credit Union (hereinafter "original creditor") in the amount of $18,855.50 to purchase a 2000 Lincoln Navigator automobile vin number 5LMPU28AOYLJ07743. 6. Defendant defaulted on scheduled payments and the account was charged off on or about March 20, 2008. 7. The automobile was repossessed and sold. After credits from the sale as well as Defendant's payments, the remaining balance owed was $1,256.57. A copy of the relevant document for this transaction is attached hereto, incorporated herein and referred to hereafter as Exhibit B. 8. To date the charge-off balance is $1,256.57 and $151.46 post-charge off interest that has accrued at 6.52% for a total of $1,408.03. COUNT 1 BREACH OF EXPRESS CONTRACT 9. In consideration of the extension of credit provided by original creditor through the loan, Defendant agreed to pay for all charges for purchases, fees and interest on this account. 10. The reasonable charges and expenses owing for the loans, fees and interest is $1,408.03. 11. Defendant accepted the extension of credit and utilized the loan without complaint, objection or dispute as to services provided, the prices charged for the same or the costs incurred. 12. Defendant is indebted to the Plaintiff in the amount of $1,408.03. 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 writings are attached hereto, incorporated herein and referred to hereafter as Exhibits C. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $1,408.03 together with interest, costs, attorney fees and such further and additional relief as this Honorable Court deems just and equitable. COUNT II BREACH OF IMPLIED CONTRACT 14. The preceding paragraphs are incorporated herein by reference and made a part thereof as if fully set forth herein. 15. It is averred, in the alternative, in the paragraphs set forth above, if express contracts between original creditor and Defendant did not exist, that contracts implied by fact or implied by law exist. 16. At all times relevant hereto, Defendant was aware that the original creditor was extending credit services to her and that the original creditor expected to be paid for the Defendant's use of this credit. 17. Defendant used the loan to purchase items, and she received the same to her benefit. 18. The total reasonable value of the Defendant's use of the credit extended by original creditor is $1,408.03. 19. In breach of the implied contracts, Defendant has failed and refused to pay the outstanding sum for the loan and the same is now due and owing. 20. The Defendant has failed and refused to pay the aforementioned sum despite frequent demand to do so. 21. By virtue of Plaintiff's purchase of this account and the assignment of all rights to the Plaintiff, Defendant is indebted to the Plaintiff in the amount of $1,408.03. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $1,408.03, 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, fees and interest. 24. The credit extended by original creditor benefited Defendant. 25. The Defendant will be unjustly enriched if she is allowed to retain the benefit resulting from her use of the loan provided by original creditor without having to make reasonable payment for the value of the benefits received from the original creditor's provision of credit. 26. The original creditor was not a volunteer in providing the credit services set forth above and the Defendant understood that original creditor was entitled to compensation based upon her use of the loan. 27. The reasonable value of the Defendant's use of the loan including purchases, fees and interest is $1,408.03. 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 $1,408.03 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 $1,408.03, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, Laurinda J. Voelcker, E?ui Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 570-387-1873 Fax: 570-387-6474 EXHIBIT C AMERICHOICE FCU 20 Sporting Green Drive Mechanicsburg, PA 17050 ASSIGNMENT AND BILL OF SALE AMERICHOICE FCU ("Seller") has entered into a Credit Card Purchase Agreement, dated,DECEMBER 2, 2008 ("Agreement") for the sale of Accounts described in Exhibit A thereof to REMIT CORPORATION ("Purchaser"), upon the terms and conditions set forth in that Agreement. NOW, THEREFORE, for good and valuable consideration, Seller hereby sells, assigns and transfers to Purchaser all of Seller's rights, title and interest in each and every one of the Accounts described in the Agreement, provided however such transfer is made without any representations, warranties or recourse. Purchaser and Seller agree that the Purchase Price shall be as stated in Exhibit B, attached to the Agreement. IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the 2 day of DECEMBER , 2008. SELLER By: f G JAMES A GLA LTER 100f 11 EXHIBIT February 14, 2008 Corinne Hempt 3 Farmhouse Lane. Carlisle, PA 17013 RE: 37372-30 2000 Lincoln Navigator Ms. Hempt, Please be advised that we received 1 bid(s) on your 2000 Lincoln Navigator. As of 2/14/08, we have sold the vehicle for $6569.00 at auction. After applying the proceeds received from this sale, the balance owed to the Credit Union is $1,256.57. The breakdown is as follows: Principal Balance Owed (2-14-08) $ 7 489 05 Cost of Repossession of Vehicle $ , . 325 00 Cost of Penn DOT Title Work $ . 35 22 Cost to clean & repair $ . 00 00 Add in Paper $ . 00 00 Total after Expenses Incurred $ . 7,844.27 Proceeds from Sale $ 5 793 00 Funds in shares applied to loan balance $ . . 5 00 Gap insurance reimbursement $ . 0 00 Warranty insurance reimbursement $ . 0 00 Insurance payment $ . 0 00 Final Total Deficiency Balance through 2/14/08 $ . 1,256.57* The Credit Union demands repayment of the deficiency balance of $ 1,256.57 on or before 2/25/08. Other wise without further notice, the Credit Union will proceed to exercise our rights to protect our interest in this matter. Please be advised that any collection costs will be charged to your account. Your immediate response to this matter is anticipated. Sincerely, Beth Hull Loan Adjuster AmeriChoice Federal Credit Union Cc: File, Corey Groff *plus Dailey interest EXHIBIT 6 AmeriChoice 20 Sporting Green Drive Mechanicsburg, PA 17050 -FIDiRAL CREDIT UNION 717-697-3474 Building Relationships For Life 800-240-4364 It !'? ll,I ?? Application Married Appli(ants: May apply for a separate account. 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 pledged as collateral is located in a community property state (AK, AZ, CA, ID, LA, NM, NV, TX, WA, WI), 2. your spouse will use the account, or 3. you are relying on your spouse's income as a basis for repayment. If you are relying on income from alimony, child support, or separate maintenance, complete the Other section to the extent possible about the person on whose payments you are relying. Joint Credit: If you are applying with another person, complete the Applicant and Other sections. Guarantor: Complete the Other section if you are a guarantor on an account/loan. LOANLINER Account/Loan: V?D /Including ATM/Debit CardAccess?to Account if Available) Amount Requested $ 18, 000.00 Purpose/Collateral: Oo L; ncD(,L AZQ Repayment: CASH PAYMENT PROTECTION NO SINGLE CREDIT DISABILITY NO SINGLE CREDIT LIFE NO JOINT CREDIT LIFE i HEMPT, CORINNE D I 102/22/82 (717) 741-T 94rZ r-r-I -71 one .. I PRESENT ADDRESS 116 WILLOW VIEW DRIVE CARLISLE, PA 17013 LENGTH AT RES11 NCE YRS P3790 MTEVIEW ROAD MECHANICSBURG, PA 17050 LENGTH AT RESIDENCE 22 YRS COMPLETE FOR JOINT CREDIT, SECURED CREDIT OR IF YOU LIVE IN A COMM UN ITY PROPERTY STATE: MARITAL STATUS: UNMARRIED EMPLOYMENT/INCOME $ /34/q PER NAME AND MONTHLY c?j5 ADDRESS OF 2400 THEA DRIVE EMPLOYER HARRISBURG, PA TITLE/GRADE DATA ENTRY START DATE 02-01 0 HOURS AT WORK - 2 40 SUPERVISOR'S NAME IF SELF EMPLOYED, TYPE OF BUSINESS NOTICE: ALIMONY, CHILD SUPPORT, OR SEPARATE MAINTENANCE INCOME NEED NOT BE REVEALED IF YOU DO NOT CHOOSE TO HAVE IT CONSIDERED OTHER INCOME $ PER ACE $ PER SOURCE $ PER SOURCE $ SOURCE MILITARY: IS D STATION TRANSFER EXPECTED DURING NEXT YEAR? WHERE ENDING/SEPARATION DATE PREVIOUS EMPLOYER NAME AND ADDRESS IF EMPLOYED LESS THAN STARTING DATE FIVE YEARS JFC STAFFING ENDING DATE REFERENCE RELATIONSHIP MOTHER NAME AND ADDRESS OF NEAREST RELATIVE NOT LIVING WITH YOU CONNIE HEMPT HOME PHONE 3790 MT VIEW ROAD (717) MECHANICSBURG, PA 17050 732-3509 YRS PROPERTY STATE: l UIVIIVIUNI I T MARITAL STATUS: EMPLOYMENT NAME AND ADDRESS OF EMPLOYER REVEALED ONSIDERED`OME NEED NOT BE OTHER INCOME $ $ $ $ ENDING/SEPARATION DATE ERE YEARS REFERENCE NAME AND ADDRE SS OF NEAREST RELATIVINOTLI -- - - --- • ---? ?••? aov, o[, 04, 00, a9, 98, 2000, 2001 ALL RIGHTS RESERVED PAGE 1 EXHIBIT AXX023 (LASERI WHA CREDITOR NAME OTHER THAN THIS REDIT UNION IN T YOU OWE (Attach additional sheet(s) If necessary) TERE T RATE PRESENT BALANCE M NTHLY PAYMENT OWED BY APPLICANT DISCOVER OTHER $ $ 17. O-G WFNNB/FXPRES $ s WFFINANCIAL M N $ 6,130.0 $ 1000 XX E BU -TUN $ $ KOHLS DEP ST $ 468.0 $ 23.00 XX s s s s $ $ $ $ $ $ $ $ S $ $ $ $ $ LIST ANY NAMES UNDER WHICH YOUR CREDIT REFERENCES AND CREDIT HISTORY CAN BE CHECKED: TOTALS $ $ 002 , $ 102.00 WHAT YOU OWN LIST LOCATION OF PROPERTY OR FINANCIAL INSTITUTION MARKET VALUE PLEDGED AS COLLATERAL FOR ANOTHER LOAN OWNED APPLICANT BY OTHER ACURA INTEGRA 1995 $ $ $ $ $ $ s I s OTHER INFORMATION ABOUT YOU IF YOU ANSWER "YES" TO ANY QUESTION OTHER THAN *1, EXPLAIN ON AN ATTACHED SHEET APPLICANT OTHER 1. ARE YOU A U.S. CITIZEN OR PERMANENT RESIDENT ALIEN? YES 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 R REPOSSESSED IN THE LAST 7 YEAR R BEEN A PARTY IN A LAWSUIT? 3. IS YOUR INCOME LIKELY TO DECLINE IN THE NEXT TWO YEARS? NO 4. 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): STATE LAW NOTICES OHIO RESIDENTS ONLY: The Ohio laws unless the Credit Union is furnished a copy of the agreement, statement or against discrimination require that all creditors decree, or has actual knowledge of its terms, before the credit is granted make credit equally available to all creditworthy customers, and that credit or the account is opened. (2) Please sign if you are not applying for this reporting agencies maintain separate credit histories on each individual account or loan with your spouse. The credit being applied for, if granted, upon request. The Ohio Civil Rights Commission administers compliance will be incurred in the interest of the marriage or family of the with this law. undersigned. WISCONSIN RESIDENTS ONLY: (1) No provision of any marital property agreement, unilateral statement under Section 766.59, or court decree X under Section 766.70 will adversely affect the rights of the Credit Union SIGNATURE FOR WISCONSIN RESIDENTS ONLY DATE SIGNATURES You promise that everything you have stated in this application is correct received. You understand that the Credit Union will rely on the information to the best of your knowledge and that the above information is a in this application and your credit report to make its decision. If you complete listing of what you owe. If there are any important changes you request, the Credit Union will tell you the name and address of any credit will notify us in writing immediately. You authorize the Credit Union to bureau from which it received a credit report on you. It is a federal crime obtain credit reports in connection with this application for credit and for to willfully and deliberately provide incomplete or incorrect information on any update, increase, renewal, extension or collection of the credit loan applications made to federal credit unions or state chartered credit unions insured by NCUA. oass X (seAlp 3 0 7 /015 r7 (SEAL) APPLICANT'S SIGNATURE DATE OTHER SIGNATURE DATE FOR, CREDIT' UNION USE ONLY DATE APPROVED APPROVED SIGNATURE LINE OF CREDIT OTHER OTHER DEBT RATIO/SCORE LIMITS: DENIED (Adverse Action Notice Sent) BEFORE AFTER $ $ $ $ LOAN OFFICER COMMENTS: SIGNATURES: X X DATE DATE PAGE 2 AXX023 (LASER) gP'AmeriMoice 20 Sporting Green Drive Mechanicsburg, PA 17050 FEDERAL CREDIT UNION 717-697-3474 Building Relationships For Life 800-240-4364 -TAL??? LOAN AND SECURITY AGREEMENTS AND DISCLOSURE STATEMENT LOAN DATE LOAN NUMBER ACCOUNT NUMBER GROUP POLICY NUMBER MATURITY DATE 3 /08/05 14906 37372-30 037-1848- -03/25/09 BORROWER T, BORROWER 2 NAME AND ADDRESS NAME (AND ADDRESS IF DIFFERENT FROM BORROWER 1) !! HEMPT, CORINNE D I?p 3990 WILLOW VIEW DR CARLISLE, PA 17013 TRUTH IN LENDI NG DISC1.0SURE 'e' means an estimate ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments Total Sale Price The cost of your credit as a yearly rate. The dollar amount the credit will cost you The amount of credit provided to you or on The amount you will have i The total cost of your purchase on credit is . 6 520 your behalf. pa d after you have made all payments as scheduled. $ . % $ 2, 686. 14e $ 18,855.50 g 21, 541 .64e which includes your Your Payment Schedule Will Be: Number of Payments Amount of Payments When Payments Are Due g 448.79 BEGINNING 04/55, MONTHLY THEREAFTER. 1 $ 448.51 03/25/09 Property Insurance: You may obtain property insurance from anyone you want that is acceptable to the credit union. If you get the insurance from us, you will pays Late Charge: If any portion of your payment is more than 15 days late, you will incur a $15.00 late fee. downpayment of $ Prepayment: If you pay off early you will not have to pay a penalty. Required Deposit: The Annual Percentage Rate does not take into account your required deposit, if any. ? Assumption: Someone buying your mobile home cannot assume the remainder of the loan on the original terms. Demand: ?This obligation has a demand feature. ?All disclosures are based on an assumed maturity of one year. Filing Fees Non-Filing Insurance $ g Security: Collateral securing other loans with the credit union may also secure this loan. You are giving a security interest in your shares and dividends and, if any, your deposits and interest in the credit union; and the property described below: Collateral Property/Model Year I.D. Number Type Value Key Number LINCOLN NAVIGATOR 2000 SLMPU28AOYLJO7743 SUV $ 15,265.00 S Other (Describe) $ Pledge of Shares $ in Account No. $ in Account No. See your contract documents for any additional information about nonpayment, default, and any required repayment in full before the scheduled date. CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGREEMENT BEFORE YOU SIGN IT. By signing as Borrower, you agree to the terms of the Loan Agreement. If property is described in the " Security" section of the Truth in Lending Disclosure, you also agree to the terms of the Security Agreement. If you sign as "Owner of Property" you agree only to the terms of the Security Agreement. X (SEAL) BORROWER 2 DATE X (SEAL) 3CK_ Ej OTHER BORROWER Lj O ER OF P ITNESS DATE A CUNA MUTUAL GROUP. 1999. 2000. ALL RIGHTS RESERVED Credit Union AMERI CHOICE FEDERAL CREDIT UNION Loan No. 14906 Acct. No. 37372-30 Borrower(s) CORINNE D HEMPT ITEMIZATION OF THE AMOUNT FINANCED Itemization of Amount Financed of Amount Given to You Directly Amount Paid on Your Account Prepaid Finance Charge $ 18,855.50 $ $ $ Amounts Paid to Others on Your Behalf: (If an amount is marked with an asterisk (*) we will be retaining a portion of the amount.) $ 18,855.50 To STONEHOUSE AUTO SALE $ To $ To $ To $ To $ To $ To $ To $ To $ To INSURANCE $ To $ To $ To LOAN AGREEMENT In this Loan Agreement ("Agreement") all references to "Credit Union," "we," "our," or "us," mean the Credit Union whose name appears above and anyone to whom the Credit Union assigns or transfers this Agreement. All references to "you," or "your" mean each person who signs this Agreement as a borrower. 1. PROMISE TO PAY - You promise to pay $ 18,855.50 to the Credit Union plus interest on the unpaid balance until what you owe has been repaid. For fixed rate loans the interest rate is 6.520 W per year. Collection Costs: You agree to pay all costs of collecting the amount you owe under this Agreement, including reasonable attorney fees not in excess of 15% of the unpaid debt and all court costs. 2. PAYMENTS - You promise to make payments of the amount and at the time shown in the Truth in Lending Disclosure. You may prepay any amount without penalty. It Y ou prepay any part of what yyou owe, you are still required o make the regularly schedured payments, unless we have agreed to a change in the payment schedule. Because this is a simple interest loan, if you do not make payments exactly as scheduled, your final payment may be more or I ss than the amount of the final payment that is disclosed. 1 you elect credit insurance, we will either include the premium in your payments or extend the term of your loan. If the term is extended you will be required to make additional payments of tfie scheduled amount, until what yyou owe has been paid. You promise to make all payments to the place we choose. If this loan refinances another loan we have with you, the other loan will be canceled and refin need as of the date of this loan. 3. LOAN PROCEEDS BY MAIL - If the proceeds of this loan are mailed to you, interest on this loan begins on the date the ton roceeds are mailed to you. 4. SE?Ut?ITY FOR LOAN - This Agreement is secured by all property described in the "Security" section of the Truth in Lending Disclosure. Property securing other loans you have with us also secures this loan, unless the property is a dwellingc? A dwelling secures this loan only if it is described in the "security' section of the Truth in Lending Disclosure for this loan. /f Credit Union has a federal charter: Statutory Lien - If you are in default on a financial obligation to us, federal law give us the right to apply the balance of shares and dividends in all individual and joint accounts, you have with us to satisfy that obligation. After you are in default, we may exercise this rigght without further notice to you. LWe have a federal charier if our name includes the term Federal Credit Union.") K Credit Union has a state charter, except in Ohio and Rhode Island: We have a statutory lien on tie shares and dividends and, if any, the deposits and interest in all individual and lioint accounts you have with us and may exercise our rights under the lien to the extent permitted by state law. (We have a state charter if our name does not include the term "Federal Credit Union."? For all borrowers: You pledge as security for this loan al shares and dividends and, if an ,all deposits and interest in all joint and individual accoun s you nave with the credit union now and in the future. T e statutory lien andtor your pledge will allow us to apply the funds in your account(s) o What you owe when you are in default. The statutory lien and your pledge do not apply to any Individual Retirement Account or any other account that would lose special tax treatment under state or federal law if given as security. 5. DEFAULT - You will be in default under this Agreement if you do not make a payment of the amount required on or A CUNA MUTUAL GROUP, 1999, 2000, ALL RIGHTS RESERVED before the date it is due. You will be in default if you break any promise you made in connection with this roan or if anyone is in default under any security agreement made in connection with this Agreement. You will be in default if you die, file for bankruptcy, become insolvent (that is unable to pay our bills and loans as they become due), or if you made any Talse or misleading statements in your loan application. You will also be in default if something happens that we believe may seriously affect your ability to repay what you owe under this Agreement or if you are in default under any other loan a reement you have with us. 6. ACTIONS-AFTER DEFAULT - When you are in default, we may demand immediate payment of the entire unpaid balance under this Agreement. You waive any n ht you have to receive demand for payment, notice of inten? to demand immediate ayment and notice of demand for immediate payment. I we demand immediate payment, you will continue to pay interest at the rate provided for in this Agreement, until what you owe has been repaid. We will also apply against what you owe any shares and/or deposits given, as security under this Agreement. We may also exercise any other rights given Dy law when you are in 7. EACH PERSON RESPONSIBLE - Each person who signs this Agreement will be individually and jointly responsible for paying the entire amount owed under this Agreement. This means we can enforce our rights against any one of you individually or against all of you togetFier. 8. LATE CHARGE - If you are late in making a payment, you r mise to pay the late charge shown in the Truth in Lending disclosure. If no late charge is shown, you will not be char ed one. 9. D?LAY IN ENFORCING RIGHTS - We can delay enforcing any of our rights under this Agreement any number of times without losing the ability to exercise our rights later. We can enforce this Agreement against your heirs or legal representatives. 10. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect. 11. NOTICES - Notices will be sent to you at the most recent address you have given us in writing. Notice to any one of you will be notice to all. 12. OTHER PROVISIONS - NXX021 (LASER) 27860 t Credit Union AMERICHOICE FEDERAL CREDIT UNION Loan No. 14906 Acct 3737230 No Borrower(s) CORINNE D HEMPT . . SECURITY AGREEMENT In this Agreement all references to "credit union," we," "our" or " us" mean the credit union whose name appears on this docume t the insurance requirements. If we add amounts for taxes, fees or i n and anyone to whom the credit union assigns or transfers this Agreement. All references to the "Loan" mean the l d i nsurance to the unpaid balance of the Loan, we may increase your payments to pay the amount added within the term of the insurance oan escr bed in the Loan Agreement that is part of this document. All references to "you," or "your" mean any person who signs this A reeme t or term of the Loan. 7. INSURANCE NOTICE - If you do not purchase the required g n . 1. THE SECURITY FOR THE LOAN - You give us what is known as i property insurance, the insurance we may purchase and charge you for will cover only our interest in the Pro ert Th i a secur ty interest in the property described in the "Security" section of the Truth in Lending Disclosure that is art f hi p y. e nsurance will not be liability insurance and will not satisfy any state financial p o t s document ("the Property"). The security interest you give includes all accession A i responsibility or no fault laws. 8. DEFAULT - You will be in default if you break any romise o s. ccess ons are things which are attached to or installed in the Property now or in the future. The security interest al i l d p y u make or fail to perform any obligation you have under this Agreement. You will also be in default under this A if so nc u es any replacements for the Property which you buy within 10 da s of th L d greement the Loan is in default. y e oan an any extensions, renewals or refinancings of the Loan. It also includes any money you receive 9. WHAT HAPPENS IF YOU ARE IN DEFAULT - When you are in default w d from selling the Property or from insurance you have on the Property. If the value of the Pro ert d li , e may emand immediate payment of the outstanding balance of the Loan without giving you advance notice and take p y ec nes, you promise to give us more property as security if asked to do so. 2 WHAT T possession of the Property. You agree the Credit Union has the right to take possession of the Property without j di i l . HE SECURITY INTEREST COVERS - The Property secures the Loan and any extensions, renewals or refinancings of h L u c a process if this can be done without breach of the peace. If we ask, you promise to deliver the Property at a time and lac h t e oan. If the Property is not a dwelling, it also secures any other loans, including any credit card loan you have now or i i p e we c oose. We will not be responsible for any other property not covered by this Agreement , rece ve n the future from us and any other amounts you owe us for any reason no i h that you leave inside the Property or that is attached to the Property. We will try to return that property to ou o k i w or n t e future, except any loan secured by your principal residence. If the Property is household goods as defined b h F y r ma e t available to you to claim. After we have possession of the Pro ert ll i y t e ederal Trade Commission Credit Practices Rule or your principal residence, the Property will secure only this Loan a d p y, we can se t and apply the money to any amounts you owe us. We will give you notice of n not other loans or amounts you owe us. 3 OWNERSHIP OF THE PROP any public sale or the date after which a private sale will be held. Our expenses for taking possession of and selling the Pro ert ill . ERTY - You promise that you own the Property or, if this Loan is to buy the Property ou romi p y w be deducted from the money received from the sale. Those costs , y p se you will use the Loan proceeds for that purpose. You promise that may include the cost of storing the Property, preparing it for sale and attorney's fees to the t no one else has any interest in or claim against the Property that you have not already told us about You promise not t ll ex ent permitted under state law or awarded under the Bankruptcy Code. The rest of the sale money . o se or lease the Property or to use it as security for a loan with another di will be applied to what you owe under the Loan. If you have agreed to pay the Loa ill cre tor until the Loan is repaid. You promise you will allow no other security interest or lien to attach to the Propert either b n, you w also have to pay any amount that remains unpaid after the sale money has been applied y y your actions or by operation of law. 4. PROTECTING THE SECURITY INTEREST to the unpaid balance of the Loan and to what you owe under this Agreement. You agree to pay interest on that amount at the same - If your state issues a title for the Property, you promise to have our security interest shown on the title. We may have to file what is called a fi i rate as the Loan until that amount has been paid. 10. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE LOAN - nanc ng statement to protect our security interest from the claims of oth If We can delay enforcing any of our rights under this Agreement any number of times without losing the abilit t ers. asked to do so, you promise to sign a financing statement. You promise to do whatever else we think is necessar y o exercise our rights later. We can enforce this Agreement against your heirs or legal y to protect our security interest in the Property. You also promise to representatives. If we change the terms of the Loan, you agree that this Agreement will remain in ff pay all costs, including but not limited to any attorney fees, we incur in protecting our security interest and ri hts in th P e ect. 11. CONTINUED EFFECTIVENESS - If any part of this Agreement is g e roperty, to the extent permitted by applicable law. determined by a court to be unenforceable, the rest will remain in effect 5. USE OF PROPERTY - Until the Loan has been paid off, you promise you will: (1) Use the Property carefully and keep it in ood . 12. NORTH DAKOTA NOTICE TO BORROWERS PURCHASING A MOT g repair. (2) Obtain our written permission before making major changes to the Property or chan in th dd OR VEHICLE - The motor vehicle in this transaction may be subject to repossession. If it is repossessed and sold to someone g g e a ress where the Property is kept. (3) Inform us in writing before changing your address. (4) Allow us to inspect the P 5 else, and all amounts due to the secured party are not received in that sale, you may have to pay the difference. roperty. ( ) Promptly notify us if the Property is damaged, stolen or abused. (6) Not use the Property for any unlawful pur ose 13. NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful for you to fail to return a motor vehicle that is subject to a securit p . 6. PROPERTY INSURANCE, TAXES AND FEES - You promise to pay all taxes and fees (like registration fees) d h y interest, within thirty days after you have received notice of default. The notice will be mailed to the address you gave us. It is your ue on t e Property and to keep the Property insured against loss and damage. The amount and responsibility to notify us if your address changes. The maximum penalty for unlawful failure to return a t hi coverage of the property insurance must be acceptable to us. You may provide the property insurance through mo or ve cle is one year in prison and/or a fine of $150,000.00. a policy you already have, or through a policy you get and pay for. The fo/%wing notice applies ONLY when the box at left is marked. You promise to make the insurance polic 14. NOTICE: ANY HOLDER O a bl y p ya e to us and to deliver the policy or proof of coverage to us if asked to do so. If F THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES you cancel your insurance and get a refund, we have a right to the refund. If the Property is lost or damaged we can th WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS O , use e insurance settlement to repair the Property or apply it towards what you owe. You authorize us to end d R SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY orse any raft or check which may be payable to you in order for us to collect any refund or benefits due under our in li HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER y surance po cy. If you do not pay the taxes or fees on the Property when due or . 15. OTHER PROVISIONS - keep it insured, we may pay these obligations, but we are not required to do so An mon . y ey we spend for taxes, fees or insurance will be added to the unpaid balance of the Loan and you will pay interest on those amounts at the same rate you agreed to pay on the Loan. We may receive payments in connection with the insurance from a company which provides the insurance. We may monitor our loans for the purpose of determining whether you and other borrowers have complied with the insur i ance requ rements of our loan agreements or may engage others to do so. The insurance charge added to the Loan may include (1) the insurance company's payments to us and (2) the cost of determining compliance with A CUNA MUTUAL GROUP. 1999. 2000. ALL RIGHTS RESERVED i AmeriChoice 20 Sporting Green Drive Mechanicsburg, PA 17050 FEDERAL CREDIT UNION 717-697-3474 Building Relationships For Life 800-240-4364 CREDIT INSURANCE Li I[IT You can protect your financial future by signing up for voluntary credit insurance below. Enroll by simply indicating your preference in the "Credit Insurance Application" section below. Your credit union will be happy to explain the various insurance options and coverage. The cost is reasonable. CUNA MUTUAL GROUP P.O. Box 391.5910 Mineral Point Road Madison, WI 53701-0391 CREDIT INSURANCE APPLICATION St SCHEDULE C[I111A Mutual Insurance Society Phone: 800/937-2644 "You" or "Your" means the member. DO NOT SIGN THIS APPLICATION IF IT CONTAINS ANY Credit insurance is voluntary and not required in order to BLANK SPACES. This application is void and will not be obtain this loan. You may select any insurer of your choice. used in a contest if all blank spaces have not been You are applying to the Society for credit insurance on your completed, if the member has not signed and dated the loan. You agree to pay the premium charges shown. The Application, and if the Application has not been witnessed. rate for this coverage is subject to change. You will be notified in advance before a rate increase is put into effect. NOTE: The insurance you're applying for contains certain terms and exclusions; Refer to your certificate for coverage details. MEMBER CORINNE D HEMPT MEMBER'S DATE OF BIRTH 02/22/82 ACCT NO. 37372-30 JOINT INSURED MEMBER JOINT INSURED'S DATE OF BIRTH ACCT NO. GROUP POLICY SECONDARY BENEFICIARY RATE OF INTEREST USED ON THIS LOAN MONTHLY PAYMENT/BENEFIT (IF YOU DESIRE TO NAME ONE) 037-0135-1 6 520$ 5 EFFECTIVE DATE OF CERTIFICATE EXPIRATION DATE OF CERTIFICATE TERM OF CERTIFICATE IN MONTHS INITIAL AMOUNT OF LOAN INSURED 03/08/05 CD CL CD CL CD5 CLy181855.50 THE FOLLOWING STATEMENTS MADE BY YOU ARE REPRESENTATIONS AND ARE TRUE TO THE BEST OF YOUR KNOWLEDGE AND BELIEF: CREDIT DISABILITY INSURANCE CREDIT LIFE INSURANCE YES NO COVERAGE SELECTED PREMIUM SCHEDULE XX SINGLE CREDIT DISABILITY e ARE YOU UNDER AGE65 ? MAXIMUM AGE FOR INSURANCE NONE On this date, are you presently actively at work and regularly performing all of the usual duties of a gainful occupation a minimum of 25 hours a week? If No, why not? MAXIMUM MAXIMUM MONTHLY TOTAL AMOUNT OF Under CL/CD the maximum DISABILITY BENEFIT LOAN INSURABLE eligibilit a e f y g or $ 850.00 g NONE coverage is 65 with no ' I you are totally disabled for more t an 14 ays, t e t e Isa I I benefit will begin with the 15th day of disability. X SI ATURE OP'M M R (Be su to check one of the boxes above.) $ ce X WI NES - $ Date YES NO COVERAGE SELECTED PREMIUM SCHEDULE X SINGLE CREDIT LIFE e XX JOINT CREDIT LIFE e ARE YOU UNDER AGE 651 MAXIMUM AGE FOR INSURANCE NONE MAXIMUM AMOUNT OF LOAN INSURABLE Under CL/CD the maximum eligibility age for 8 50,000.00 coverage is 65 with no ' X SIG ATURE OF ME R (Be s e to check one of the boxes above.) to ' b v 7 S NATURE OF JOINT INSU D MEMBER (Only required if Joint Credit Life coverage is selected) Date X S _ T 7 Date X C 7 PP. 860-1 187PA Arr. oav-i ioir?/ VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CORRINE D. HEMPT, 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, and has not been in such service within thirty days hereof. 6!? 1-P Dated this day of Jj4? Laurinda J. Voelcker, squire Attorney for Plaint PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 570-387-1873 Fax: 570-387-6474 2010 Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jan-28-2010 12:30:49 4k. Last Name FirstlMiddle Begin Date Active Duty Status Active Duty End Date Servi Agency HEMPT CORRINE Based on the information you have furnished, the DMDC does not possess D any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). 111101 )4. 1 Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/fag/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 01/28/2010 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS, Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive days. Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA extend beyond the last dates of active duty. Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected. WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: AIQQCUDRLE https://www.dmdc.osd.mil/appj/scra/popreport.do 01/28/2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CORRINE D. HEMPT, Defendant CIVIL-LAW : DOCKET NO. CERTIFICATION OF ADDRESSES I certify that the precise addresses of Plaintiff and Defendant(s) are as follows: Plaintiff: Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Defendant: Corrine D. Hempt 3790 Mountain View Road Mechanicsburg, PA 17050 Respectfully submitted, Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 570-387-1873 Fax: 570-387-6474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CORRINE D. HEMPT, Defendant CIVIL-LAW DOCKET NO. !U -- ?( ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully submitted, Laurinda J7rVoel r, Esquir e Attorney ff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 570-387-1873 Fax: 570-387-6474 ' ` t SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson , ~. FIi..C~-;:;~=rt',.;~ Sheriff ~~r T~~ ~~~f "'~ ~!~;;>`~j/~( ~~~}tiit, $t y.alq(~~~.~~~~~ "~~. Jody S Smith 2~« F~~ ~ i ~1~ t~, ~~ Chief Deputy - Edward L Schorpp G~s~~ .. ,~~~ Solicitor - ~ _ ,_, ~ ~ ~ ~ ~= ~~. ~ ~ ~~, ~ ~%7 s~,~/r , Y~H Remit Corporation vs. Case Number Corrine D. Hempt 2010-763 SHERIFF'S RETURN OF SERVICE 02/04/2010 02:43 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on February 4, 2010 at 1443 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Corrine D. Hempt, by making known unto Sarah Hooven, Grandmother of defendant at 3790 Mountain View 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: $46.00 February 08, 2010 SO ANSWERS, O Y R ANDERSON, SHERIFF ~~•i - 7 By Dep y Sher' f `, ~..,ourty&.iitngR2rITP. Tata^so'1. i!:~. UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CORINNE D. HEMPT Debtor/Movant CORINNE D. HEMPT Movant v. REMIT CORPORATION Respondent IN BANKRUPTCY BK. NO. 1-10-03836 MDF CHAPTER 7 PROCEEDING ,r i-iLrnl , ;: , , ~ "} ZQ~~ ~;~ Z~ P14 ~~ f ~ LIEN AVOIDANCE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-763 ORDER OF COURT VOIDING JUDICIAL LIEN In consideration of the within Motion for Order Avoiding Judicial Lien, filed by Counsel for the Debtor/Movant, the Court finds the Respondent has failed to file an Answer or otherwise plead to the Motion for an Order Avoiding Judicial Lien filed on May 2l, 2010, and duly served upon the Respondent; therefore, the Court orders judgment in favor of the Debtor/Movant, Corinne D. Hempt, and against the Respondent, Remit Corporation, as to the relief requested in the Motion. IT IS HEREBY ORDERED, adjudged and decreed that the judgment lien held by the Respondent, is hereby declared void in its entirety and of no further force and effect as it violates 11 U.S.C. Sections 547(b) and 522(h) as a preference and interferes with 11 U.S.C. Section 522(d) and (f) relating to exemptions. tl~~ the C:oart, Date: June 15, 2010 '~II _ ~ _~ ~ _.....~_. ~~~+~,~ CIS B~rdcr~icy Judge cKw:s This document is electronically signed mzd, filed on the same date. c~RTi~~ >rR~~w rtW~ a~cc~fl tn;s~ of ~-r--------~ 20 ~$, d0 P b AT7~/ ~e . Bat1k tcy Court bav~,-, Cteric, ~~'-,{g~ A. , ~# a~ ~ ~~ ~hes ~~~ $ptJ Eta Case 1:10-bk-03836-MDF Doc 19 Filed 06/15/10 Entered 06/15/10 10:45:32 Desc Main Document Page 1 of 1