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Home My WebLink About10-1002IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. SANDRA DRAYER, Defendant TO THE DEFENDANT: NIL-LAW DOCKET NO. I U -?b p a. NOTICE TO DEFENDANT c'lv'C. E2•k-+'L 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 Cumberland County Bar Association 100 South Street, PO Box 186 2 Liberty Avenue Harrisburg, PA 17108 Carlisle, PA 17013 800-692-7375 717-249-3166 717-238-6807 LAURINDA J. OELCKER, ESQUIRE Attorney for P aintiff o S LL) ca k/- I x.351 LAJ N i a 3 73s7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. SANDRA DRAYER, Defendant : CIVIL-LAW : DOCKET NO. 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, Sandra Drayer, is an individual residing at 717 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. Defendant is indebted to the Plaintiff in the amount of $1,099.58 for unpaid account as detailed below. OVERDRAFT PROTECTION 4. Defendant obtained an Overdraft Protection on or about April 27, 2004, from AmeriChoice Federal Credit Union, (hereinafter "original creditor"), account number 36095. 5. On or about December 2, 2008, Remit Corporation purchased the account of Sandra Drayer 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. 6. Defendant used the extended credit leaving an unpaid balance of $1,099.58. 7. Defendant defaulted on the payments due and the last activity on this account was made on or about November 28, 2006. 8. To date the balance due is $1,099.58. 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 $1,099.58. 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 $1,099.58. 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(i), copies of these writings are attached hereto, incorporated herein and referred to hereafter as Exhibit B. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $1,099.58 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 $1,099.58. 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 $1,099.58. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $1,099.58, 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 $1,099.58. 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 $1,099.58 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 $1,099.58, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, Laurinda J. Vo ker, Esquire Attorney for Plaintiff 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: a?? ZA, 'a JAMES A GLA LTER EXHIBIT 10 of 11 x x D? w U) co w NBC ... m?a: w 0) l< CL 7r <. (A m "'- N (D O y 7 1D m C co tj :j Q C 3m? -, +3m c .-n m w NBC m m,p O N m Q _5 vom? ? ??C??wp?• m? m?•? Tim Z ?? a O h m e m o<<D n ?m w sw °-'•O ?'?'3 aa? ? m ? oc?°w?w? &gQ3m7? ?o? r CD e n y m N o n w N ° "'. 1 +tp ID 10 w On O a C I m 4m m m m T? cOSD y a Yp? = On ?+ m 4+ 7 0 7 C= ? C m .7 ?? ? ID > m c X X j cy 2v y . C?.m ` m C ?`e n ?ai m C G d 7 F c ? 1 _ v m m O_ o `D m w m an n? m arc n? LP CZZ RA =r my m o ka 'm C, o ° 11D D 3 c? °jO cn?n?cm n ? T O O W N R? ?? 7 o??m7?`°? o m?`° (COL > ID a? m? a? m m 3 m aj ?•m C= W p?0 y ? m m C? M .?i 7? ? a ? m W ? o ? A 3 y 5 to `° ? i m c W ,` T ? i 0 J?sa c c -Al EL V? ? ?c, w ?uT m cu m v' w n m W Cl) 5 x ? ? ? Q r. g m d II i e y r ? IL 10 EXHIBIT D _w W E ' ?L11 l U ? B C S ? Oyu ? ? ?D o' 3 ? N 0 0 ? o g N a c g o 0 cn c o 0 v o N ? m a 9 (D I ? I k Qi. Z a m z i I c 0 A Cc (A ? P xmF z O rvrOro ?WDO Z } p v C. m O MM m y o o n g i z 0 G m Z, a , c Q N z J J j v ' . ? w o c J y Q N ? _ N N w 0 O O O O V ? x ? YI ?1 V 40 M N 2 C w ! i .1 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. Harry A. usser, III, Remit Corporation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. : CIVIL-LAW SANDRA DRAYER, 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. Dated this day of 2010 Laurinda J. Voelcke squire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 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 Feb-05-2010 09:24:46 m t First/Middle Begin Date Active Duty Status Active Duty End Date Service A e Na gency Based on the information you have furnished, the DMDC does not possess DRAYER SANDRA aninformation 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). n1a 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 02/05/2010 Request for Military Status Page 2 of 2 D1ore 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 SCR.4 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:UP09C6NEJQ https://www.dmdc.osd.mil/appj/scra/popreport.do 02/05/2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW SANDRA DRAYER, 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: Sandra Drayer 717 Market Street Lemoyne, PA 17043 Respectfully submitted, Laurinda J. V cker, Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Phone: 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 SANDRA DRAYER, DOCKET NO. I O - 4??- ?? 1,??%Lr?? Defendant ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully submitted, ';?449 aurinda J. Voel er, Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 C o - s ° n 0.g ? z rn ? o Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ..~r r ~~ Irv ~ t~.~ .n, t~; 2GlQ FED i ~ ~~ ~ ~~ ~~+ Remit Corporation vs. Sandra Drayer Case Number 2010-1002 SHERIFF'S RETURN OF SERVICE 02/12/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Sandra Drayer, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Sandra Drayer. Request for service at 717 Market Street, Suite 111, Lemoyne, PA 17043 is the UPS Store. Sandra Drayer does have a mailbox at this location, but the UPS Store is unable to give out this information. SHERIFF COST: $42.84 February 12, 2010 you OF co,„ David D. Buell- e P nee Simpson Prothonotary rte' ;, 15` Deputy Prothonotary o ro I a` :.�'y Irene E. Morrow �irkS. Sohonage, ESQ �__ Solicitor „so 2n'Deputy Prothonotary Office of the Prothonotary Gum ôerCancf County, cPennsyCvania /0 — /OOCL CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,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 • Carlisle, PA 17013 • (717)240-6195 • Fad(717)240-6573