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HomeMy WebLinkAbout10-0764IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. THOMAS NOSS, Defendant : CIVIL-LAW DOCKET NO. lC? - '?'L l? t .CI L ENOTICE 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? LCKER, ESQUIRE Attorney for Plaintiff 99, LA_ C? ?) a lZ_W a23'yD Lf LF C1.4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. : CIVIL-LAW THOMAS NOSS, :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, Thomas Noss, is an adult individual residing at 1602 Elm Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Defendant is indebted to the Plaintiff in the amount of $1,850.88 for unpaid account as detailed below. 4. On or about December 2, 2008, Remit Corporation purchased the accounts of Thomas Noss 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 May 25, 2005 from Americhoice Federal Credit Union (hereinafter "original creditor") in the amount of $2,000.00 to purchase a 1973 Cadillac Deville automobile vin number 6D49R3E363070. 6. Defendant defaulted on scheduled payments and the account was charged off on or about December 21, 2005. 7. The automobile was repossessed and sold. After credits from the sale as well as Defendant's payments, the remaining balance owed was $1,175.64. 8. To date the charge-off balance is $1,175.64 and $675.24 post-charge off interest that has accrued at 13.991/o for a total of $1,850.88. 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 $1,850.88. 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 $1,850.88. 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 B. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $1,850.88 together with interest, costs, attorney fees and such further and additional relief as this Honorable Court deems just and equitable. COUNT H BREACH OF MIPLIED 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 him 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 he received the same to his benefit. 18. The total reasonable value of the Defendant's use of the credit extended by original creditor is $1,850.88. 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 $1,850.88. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $1,850.88, 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 he is allowed to retain the benefit resulting from his 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 his use of the loan. 27. The reasonable value of the Defendant's use of the loan including purchases, fees and interest is $1,850.88. 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 $1,850.88 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 $1,850.88, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, Laurinda J. Voelcker, E 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: 2?u JAMES A GLA LTER 10 of 11 E EXHIBIT I-A- -3 AmeriChoice 20 Sporting Green Drive Mechanicsburg, PA 17050 FEDERAL CREDIT UNIoN 717-697-3474 Building Relationships For Life 800-240-4364 LOAN AND SECURITY AGREEMENTS AND DISCLOSURE STATEMENT LU~4 LJA i t LUAN NUMBER ACCOUNT NUMBER GROUP POLICY NUMBER MATURITY DATE 015425/05 1504 74 1- 037-1840-3 6/14/06 BORROWER 9 BORROWER 2 NAME AND ADDRESS NAME IAND ADDRESS IF DIFFERENT FROM BORROWER 1) NOSS, THOMAS J 1602 ELM ST NEW CUMBERLAND, PA 17070 ............. . TRUTH N LENDING DIG RE '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 The amount of credit The amount you will have The total cost of your purchase on credit is credit will cost you provided to you or on i . pa d after you have made your behalf, all payments as scheduled . 13 . 990 o/0 $ 165. 30e $ 2,000.00 S 2, 165. 30e which includes your downpayment of $ Your Payment Schedule Will Be: Prepayment: If you pay off early you will not have to Number of Payments Amount of Payments When Payments re ue pay a penalty. 25 83 29 BEGI NNING 06/2 9 05 . $ BIWEEKLY THEREAFTER. Required Deposit: The Annual Percentage Rate does 1 $ 83.05 06/14/06 not take into account your required deposit, if any. Property Insurance: You may obtain property insurance from anyone El Assumption: Someone buying your mobile home you cannot assume the remainder of the loan on the want that is acceptable to the credit union. If you get the insurance from us, original terms . you will pays Demand: El This obligation has a demand feature . Late Charge: 0AII disclosures are based on an assumed maturity of one year. If i any port on of your payment is more than 15 days late, you will incur a $15.00 late fee. Filing Fees Non-Filing Insurance S S 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 ro ert d ib p p y escr ed below: Collateral Property/Model Year I.D. Number Type Value Key Number CADILLAC DEVILLE 1973 6D49R3E363070 SDN $ 2,318.00 S 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. C[n21UA-n Irmo _ 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. 1 BORROWER (OWNER OF CUNA MUTUAL GROUP, 1999, 2000, ALL RIGHTS RESERVED 5 O 5 x (SEAL) DATE BORROWER 2 DATE Lx (SEAL DATE OTHER B RO E] OWNER OF PROPERTY WITNESS DATE EXHIBIT NXX021 (LASER) 27860 Credit Union AMERICHOICE FEDERAL CREDIT UNION Loan No. 15044 Acct. No. 37431-30 Borrower(s) THOMAS J NOSS Itemization of Amount Financed of Amount Given to You Directly Amount Paid on Your Account Prepaid Finance Charge $ 2,000.00 $ $ $ Amounts Paid to Others on Your Behalf: (If an amount is marked with an asterisk (*) we will be retaining a portion of the amount.) $ $ To $ 2,000.00 To PATRICE CROWLEY AND $ To $ To $ To $ To $ To $ To $ To $ To $ To INSURANCE $ 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 $ 2,000.00 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 13.990 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 Lendingq Disclosure. You may prepay any amount without penalty. if r ou prepay any part of what you owe, you are still required o make the regularly scheduled 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. It 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 tAe scheduled amount, until what you 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 nced as Qf the date of this loan. 3. L(f AN PROCEEDS BY MAIL - If the proceeds of this loan are mailed to you, interest on this loan begins on the date the to n proceeds ar mailed to you. 4. SE8URITY FOR L8AN -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 dwellingq.. 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 1gint accounts you have with us to satisfy that obligation. After you are in default, we may exercise this ri ht without further notice to you. ?We have a federal charter if our name includes the term Federal Credit Union.") If Credit Union has a state charter, except in Ohio and Rhode Island.- We have a statutory lien on the shares and dividends and, it any, the deposits and interest in all individual and joint 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 a// borrowers: You pledge as security for this loan all shares and dividends and, if any, all deposits and interest in all joint and individual accounts you nave with the credit union now and in the future. The statutory lien and/or your pledge will allow us to apply the funs in your account(s) to wat you owe when you are in efault. The statutory lien and your pledge dyo not apply to any Individual speciamtax treatment under state or federaltlaw f givenas securit 5. DEAULT - You will be in default under this Agreement if you do not make a payment of the amount required on or 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 loan 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 believe may seriously affect g Peens that we Y Y your ability to repay what you owe under this Agreement or if you are in default under any other loan a reement ou have with us. 6. ACTIONFAFTER D1FAULT - When you are in default, we may demand immediate payment of the entire unpaid balance under this Agreement. You waive any ri ht you have to receive demand for payment, notice of inten? to demand immediate payment and notice of demand for immediate payment. It 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 6y law when you are in ripfm i t :H PERSON RESPONSIBLE - Each person who signs reement will be individually and joint[ Y responsible for the entire amount owed under this Agreement. This we can enforce our rights against any one of you [ IIY or against all of you together. CHARGE - If you are late in making a payment, you ire. pIfy noe ate charge siso shown eyou t will no Len tlbe i a. ur-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 reppresentatives. 1v. 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 Credit Union AMERICHOICE FEDERAL CREDIT UNION Borrower(s) THOMAS J NOSS L SECURITY In this Agreement all references to "credit union," 'we," "our" or "us" mean the credit union whose name appears on this document and anyone to whom the credit union assigns or transfers this Agreement. All references to the "Loan" mean the loan described in the Loan Agreement that is part of this document. All references to "you," or "your" mean any person who signs this Agreement. 1. THE SECURITY FOR THE LOAN - You give us what is known as a security interest in the property described in the "Security" section of the Truth in Lending Disclosure that is part of this document ("the Property"). The security interest you give includes all accessions. Accessions are things which are attached to or installed in the Property now or in the future. The security interest also includes any replacements for the Property which you buy within 10 days of the Loan and any extensions, renewals or refinancings of the Loan. It also includes any money you receive from selling the Property or from insurance you have on the Property. If the value of the Property declines, you promise to give us more property as security if asked to do so. 2. WHAT THE SECURITY INTEREST COVERS - The Property secures the Loan and any extensions, renewals or refinancings of the Loan. If the Property is not a dwelling, it also secures any other loans, including any credit card loan, you have now or receive in the future from us and any other amounts you owe us for any reason now or in the future, except any loan secured by your principal residence. If the Property is household goods as defined by the Federal Trade Commission Credit Practices Rule or your principal residence, the Property will secure only this Loan and not other loans or amounts you owe us. 3. OWNERSHIP OF THE PROPERTY - You promise that you own the Property or, if this Loan is to buy the Property, you promise you will use the Loan proceeds for that purpose. You promise that no one else has any interest in or claim against the Property that you have not already told us about. You promise not to sell or lease the Property or to use it as security for a loan with another creditor until the Loan is repaid. You promise you will allow no other security interest or lien to attach to the Property either by your actions or by operation of law. 4. PROTECTING THE SECURITY INTEREST - 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 financing statement to protect, our security interest from the claims of others. If asked to do so, you promise to sign a financing statement. You promise to do whatever else we think is necessary to protect our security interest in the Property. You also promise to pay all costs, including but not limited to any attorney fees, we incur in protecting our security interest and rights in the Property, to the extent permitted by applicable law. 5. USE OF PROPERTY - Until the Loan has been paid off, you promise you will: (1) Use the Property carefully and keep it in good repair. (2) Obtain our written permission before making major changes to the Property or changing the address where the Property is kept. (3) Inform us in writing before changing your address. (4) Allow us to inspect the Property. (5) Promptly notify us if the Property is damaged, stolen or abused. (6) Not use the Property for any unlawful purpose. 6. PROPERTY INSURANCE, TAXES AND FEES - You promise to pay all taxes and fees (like registration fees) due on the Property and to keep the Property insured against loss and damage. The amount and coverage of the property insurance must be acceptable to us. You may provide the property insurance through a policy you already have, or through a policy you get and pay for. You promise to make the insurance policy payable to us and to deliver the policy or proof of coverage to us if asked to do so. If you cancel your insurance and get a refund, we have a right to the refund. If the Property is lost or damaged, we can use the insurance settlement to repair the Property or apply it towards what you owe. You authorize us to endorse any draft or check which may be payable to you in order for us to collect any refund or benefits due under your insurance policy. If you do not pay the taxes or fees on the Property when due or keep it insured, we may pay these obligations, but we are not required to do so. Any money 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 insurance requirements 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 Loan No. 15044 Acct. No. 3743130 the insurance requirements. If we add amounts for taxes, fees or insurance to the unpaid balance of the Loan, we may increase your payments to pay the amount added within the term of the insurance or term of the Loan. 7. INSURANCE NOTICE - If you do not purchase the required property insurance, the insurance we may purchase and charge you for will cover only our interest in the Property. The insurance will not be liability insurance and will not satisfy any state financial responsibility or no fault laws. B. DEFAULT - You will be in default if you break any promise you make or fail to perform any obligation you have under this Agreement. You will also be in default under this Agreement if the Loan is in default. 9. WHAT HAPPENS IF YOU ARE IN DEFAULT - When you are in default, we may demand immediate payment of the outstanding balance of the Loan without giving you advance notice and take possession of the Property. You agree the Credit Union has the right to take possession of the Property without judicial process if this can be done without breach of the peace. If we ask, you promise to deliver the Property at a time and place we choose., We will not be responsible for any other property not covered by this Agreement that you leave inside the Property or that is attached to the Property. We will try to return that property to you or make it available to you to claim. After we have possession of the Property, we can sell it and apply the money to any amounts you owe us. We will give you notice of any public sale or the date after which a private sale will be held. Our expenses for taking possession of and selling the Property will be deducted from the money received from the sale. Those costs may include the cost of storing the Property, preparing it for sale and attorney's fees to the extent permitted under state law or awarded under the Bankruptcy Code. The rest of the sale money will be applied to what you owe under the Loan. If you have agreed to pay the Loan, you will also have to pay any amount that remains unpaid after the sale money has been applied 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 rate as the Loan until that amount has been paid. 10. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE LOAN - 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. If we change the terms of the Loan, you agree that this Agreement will remain in effect. 11. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect. 12. NORTH DAKOTA NOTICE TO BORROWERS PURCHASING A MOTOR VEHICLE - The motor vehicle in this transaction may be subject to repossession. If it is repossessed and sold to someone else, and all amounts due to the secured party are not received in that sale, you may have to pay the difference. 13. NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful for you to fail to return a motor vehicle that is subject to a security 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 responsibility to notify us if your address changes. The maximum penalty for unlawful failure to return a motor vehicle is one year in prison and/or a fine of $150,000.00. ? The following notice applies Oft Y when the box at /aft is marked. 14. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 15. OTHER PROVISIONS - AmeriChoice FEDERAL CREDIT UNION Building Relationships For Life CREDIT INSURANCE 20 Sporting Green Drive Mechanicsburg, PA 17050 717-697-3474 800-240-4364 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. CUM MUTUAL GROUP P.O. Box 391.5910 Mineral Point Road CINA Mutual Insurance Society Madison, WI 53701-0391 CREDIT INSURANCE APPLICATION & SCHEDULE 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 THOMAS J NOSS MEMBER'S DATE OF BIRTH 09/17/84 ACCTNO. 37431-30 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) 037-1848-3 13.990% $ EFFECTIVE DATE OF CERTIFICATE EXPIRATION DATE OF CERTIFICATE TERM OF CERTIFICATE IN MONTHS INITIAL AMOUNT OF LOAN INSURED 05/25/05 CD CL CD CL CDS CLS 2,000.00 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 S HEDUE XX SINGLE CREDIT DISABILITY 21 - q ARE YOU UNDER AGE65 ? MXIMUM AGE FOR INSURAN NONE rl XX On this date, are you presently activelwork an ? performing all of the usual duties of a gainful occpaon a minimum of 25 hours a week? If No, why not? MAXIMUM MAXIMUM Under CL/CD the maximum MONTHLY TOTAL DISABILITY BENEFIT AMOUNT OF LOAN INSURABLE eligibility age for $ 850.00 $ NONE coverage is 65 with no maximum termination date. If you are totally disabled for more than 14 days, then the disabili benefit will begin with the 15th day of disability. X SIGN TURE OF MEMBER (Be sure to check one of the boxes above.) Date St ZS VS X WITNE _ oo? Date rrrr. 660- 1 1 is FA YES NO COVERAGE SELECTED PREMIUM SCHEDULE XX SINGLE CREDIT LIFE e XX JOINT CREDIT LIFE X e ARE YOU UNDER AGE 6T? MAXIMUM AGE FOR INSURANCE NONE MAXIMUM AMOUNT OF LOAN INSURABLE Under CL/CD the maximum eligibility age for $ 50,000.00 coverage is 65 with no maximum termination date. X SIGNATURE OF MEMBER (Be sure to check one of the boxes above.) Date SIGNATURE OF JOINT INSURED MEMBER Date ( Only required if Joint Credit Life coverage is selected) X WITNESS Date X ? S Arr. OOV- 1 I C / YA?// 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. HarryA. S usser, III, Rem orporation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW THOMAS NOSS, 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. ?j Dated thisday of Ian q, 2010 Laurinda J. V e er, Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 570-387-1873 Fax: 570-387-6474 Request for Military Status Pagel of 2 Department of Defense Manpower Data Center Jan-28-2010 12:53:23 Military Status Report Pursuant to the Service Members Civil Relief Act Name Last First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency NOSS THOMAS Based on the information you have furnished, the DMDC does not possess 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). 14. in V4V4t4V,-44,. 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 htta://www.defenselink.mil/faq/t)is/PC09SL:)R.htmi. 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(dxl) 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: GJA7ITLMP 1 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. CIVIL-LAW THOMAS NOSS, 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: Thomas Noss 1602 Elm Street New Cumberland, PA 17070 Respectfully submitted, Laurinda J. Voelcker, Esquire 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. CIVIL-LAW THOMAS NOSS, Defendant '• DOCKET NO. ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully submitted, Laurinda J. Voelcker, squi Attorney for Plainti PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 570-387-1873 Fax: 570-387-6474 czz) ' J c. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~~~~~fi~ ci ~!`u+ritJr~.ly~t~ ~; _ „, FILED-tJ~-c?C~ '~~ ?!-E PF`?T~'~~aOTAF~Y Z0~0 FE8 -8 ~~ i I ~ 59 Edward L Schorpp Solicitor Remit Corporation vs. Thomas Noss F~ . ~. ~ ~u~~,~ eu~~~~. 4~ ,~~~r r ~~ ,a ~~~ trill Prl`~w~, ~.V,-~ .Ir`~ Case Number 2010-764 SHERIFF'S RETURN OF SERVICE 02/03/2010 09:05 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 3, 2010 at 2105 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Thomas Noss, by making known unto Amelia Weaver, Adult in charge at 1602 Elm Street, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $43.30 February 04, 2010 SO ANSWERS, NY R ANDERSON, SHERIFF Deputy Sherif icl CouniySuite S"entt, ie'ec.=.oft. Inr,.