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HomeMy WebLinkAbout10-1421IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. LEE MOORE, Defendant : CIVIL-LAW DOCKET NO. 10 - 1 oL I ?i u vL?• . l_ NOTICE TO DEFENDANT TO THE DEFENDANT: YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service 100 South Street, PO Box 186 Harrisburg, PA 17108 800-692-7375 717-238-6807 Ljj Ls_ ._ ?- ; `_•' u N Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ? aaet?40 (1.114cm-d /2V26) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. CIVIL-LAW LEE MOORE, DOCKET NO. 16 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, Lee Moore, is an adult individual residing at 520 Reno Street Apt. 8, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Defendant is indebted to the Plaintiff in the amount of $4,161.73 for unpaid account as detailed below. 4. On or about December 2, 2008, Remit Corporation purchased the account of Lee Moore 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 October 8, 2005 from Americhoice Federal Credit Union (hereinafter "original creditor") in the amount of $6,190.00 to purchase a 1998 Nissan Maxima automobile vin number JN I CA21AXWT401840. 6. Defendant defaulted on scheduled payments and the account was charged off on or about December 22, 2006. 7. The automobile was repossessed and sold. After credits from the sale as well as Defendant's payments, the remaining balance owed was $2,865.44. A copy of the relevant document for this transaction is attached hereto, incorporated herein and referred to hereafter as Exhibit B. To date the charge-off balance is $2,865.44 and $1,296.29 post-charge off interest that has accrued at 14.24% for a total of $4,161.73. 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 $4,161.73. 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 $4,161.73. 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 Exhibits C. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $4,161.73 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 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 $4,161.73. 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 $4,161.73. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $4,161.73, 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 $4,161.73. 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 $4,161.73 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 $4,161.73, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, 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: JAMES A GLA LTER 10 of 11 EXHIBIT November 14, 2006 Lee Moore 85 D Red Mill Road Etters, PA 17319-9337 RE: 38421-30 1998 Nissan Maxima Mr. Moore: Please be advised that we received 0 bids on your 1998 Nissan Maxima. As of 11/14/06, we have sold the vehicle for $1,917.00 through the Harrisburg Auto Auction. After applying the proceeds received from this sale, the balance owed to the Credit Union is $2,86544. The breakdown is as follows: Principal Balance Owed (11-14-06) $ 4,333.83 Cost of Repossession of Vehicle $ 0.00 Interest (11/14/06) $ 258.69 Cost of Penn DOT Title Work $ 34.10 Cost to clean & repair $ 155.82 Gas $ 0.00 Total after Expenses Incurred $ 4,782.44 Proceeds from Sale $ 1917.00 Funds in shares applied to loan balance $ 0.00 Gap insurance reimbursement $ 0.00 Warranty insurance reimbursement $ 0.00 Final Total Deficiency Balance through 11/14/06 $ 2,865.44* The Credit Union demands repayment of the deficiency balance of $2,865.44 on or before 11/27/06. 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 *plus Dailey interest EXHIBIT f " *j%Merj(jjoiCe 20 Sporting Green Drive Mechanicsburg, PA 17050 FEDERAL CREDIT uNIom 717-697-3474 Building Relationships For Life 800-240-4364 LOAN AND SECURITY AGREEMENTS AND DISCLOSURE STATEMENT LOAN DATE LOAN NUMBER ACCOUNT NUMBER MOORE, LEE R 607 3RD STREET NEW CUMBERLAND, PA 17070 GROUP POLICY NUMBER ADDRESS IF DIFFERENT FROM t) MATURITY DATE ... .. , ,s, 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 paid after you have made $ your behalf. all payments as scheduled. which includes your 14.240 % $ 965. 05e s 6,190.00 $ 7, 155.05e 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 Due 13 BEGINNING 11/10/05 2 9 8 pay a penalty. , . 23 $ MONTHLY THEREAFTER. Required Depc sit: The Annual Percentage Rate does s 1 $ 298.06 10/10/07 it, if any. not take into count your required depo ing your mobile home Assumption: Someone bu y Property Insurance: You may obtain property insurance from anyone 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: This obligation has a demand feature. Late Charge: All disclosures are based on an assumed maturity of one year. If any portion 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 property described below: Collateral Property/Model Year I.D. Number Type Value Key Number NISSAN MAXIMA 1998 JNlCA21AXWT401840 SDN $ 6,000.00 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. SIGNATIJF ES 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 ISEAu BORROWER 2 DATE x ISEAu OTHER BORROWER ? OWNER OF PROPERTY ? WITNESS DATE EXHIBIT Credit Union AMERICHOICE FEDERAL CREDIT UNION Loan No. 15752 Acct. No. 38421-30 Borrower(s1 LEE R MOORE ITEM11 TION F : <. .. FI NAN E0 Itemization of Amount Financed of Amount Given to You Directly Amount Paid on Your Account Prepaid Finance Charge $ 6,190.00 $ $ $ Amounts Paid to Others on Your Behalf: (If an amount is marked with an asterisk (") we will be retaining a portion of the amount.) $ 190.00 To MOORE GAP 38421 $ 6,000.00 To AUTO FIRST $ To $ To $ To $ To $ To $ To $ To INSURANCE $ To $ $ To To 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 $ 6,190.00 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 14.240 % 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 15W of the unpaid debt and all court costs. 2. PAYMENTS - You promise to make payments of the before the date it is due. You will be in default if you break amount and at the time shown in the Truth in Lending any promise you made in connection with this loan or if Disclosure. You may prepay any amount without enalty. ff anyone is in default nder any security agreeme t made in ou prepay any part of what lyou owe, you are Stipp req fired connection with this Agreement. You will be in de?ault if you o make the regularly scheduled payments, unless we nave die, file f?rills bankruptcy, become insolvent (that is unable to agreed to a change in the payment schedule. Because this pay our and loans as they become duel, or if you made is a simple i terest loan, if you do not make payments any Yalse or misleading statements in your loan application. exactly as sc?ia uled, your final payment may be more or You will also be in d-ef ult if something happens that we In than the amount of the final payment that is disclosed. believe may seriously affect your ability, to repay what you I ou elect credit insurance, we will either include the owe under this Agreement or if you are in default under any premium in your payments or extend the term of your loan. other loan a reement ou have with us. if he term is extended you will be required to make 6. ACTION AFTER D?FAULT - When ou are in default, we additional payments of the scheduled amount, until what may de ma d r pay p ment o the entire unaid you owe has been paid. You promise to make all payments balance under this Agreement. You waive any riht you have to the place we choos If this loan refinances another loan to receive demand for payment, notice of inten to demand wQ have with you, tie other loan will be canceled and immediate aymant and notice of demand for immediate refin d Qf the J AV of his I an. payment. I we demand immediate payment, you will 3. L8a P?cEEDS ?Y MAIL - I7 the proceeds of this loan continue to pay interest at the rate provided for in this are mailed to you, interest on this loan begins on the date Agreement, until what you owe has been repaid. We will the 1 n r ce arg mailed to vou. also apply against what you owe any shares and/or deposits 4.S ??URI?Y P A LUAN - his Agreement is secured by all even as security under this Agreement. We may also propprty described in the "Security," section of the Truth in ?xercise any other rights given By law when you are in Lending Disclosure. Prooertv securing other loans you have def ul . in the "Securit " se"ction of the Truth in Lending Disclosure f9r this loan. ff 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 Pave with us to satisfy that obligation. After you are in default, we may exerci a this right without further notice to you. ?We have a federal charier if our name includes the term Federal Credit Union.") if Credit Union has a state charter, exceRt In Ohio and Rhode Island.• We have a statutory lien' on the shares an dividends and, if any, the deposits and interest in all individual and joint accounts you have with us and may exercise our righ under the lien to the extent permitted by state law. Role have a state charter if our name does not include the term "Federal Credit Union.") For sN borrowers. You pledge as security for this loan all int and individual accounts yo i now and in the future. The st, e will allow us to apply the fu ?at you owe when you are in and your pledge dyo not ap 3ment Account or any other a( al tax treatment under state or ns 7. EACH PERSON RESPONSIBLE - Each person who sig this Agreement will be individually and jointl responsible Tor payinv the entire amount owed under this greement. This mean we can enforce our rights against any one of you i divid IIy?qr ggt ?inst all of you together. . > UN CIiAWc3E - If you are late in making a payment, you promise to pay the late charge shown in the Truth in Lending Disclos re. If no late charge is shown, you will not be b harged one. . DELAY IN ENFORCING RIGHTS - We can delay enorcing any o 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 osits and interest in rec( ave with the credit one ory lien and/or your 12. in your account(s) fault. The statutory to any Individual int that would lose eral law if given as 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 CTIVENESS - If any part of this i by a court to be unenforceable, the i will be sent tQ you at the most e given us in writing. Notice to any i to all. NXX021 (LASER) 27860 + Credit Union AMERICHOICE FEDERAL CREDIT UNION Loan No. 15752 Acct. No. 3842130 Borrowerps) LEE R MOORE SECURITY AGREEMENT In this Agreement all references to "credit union," "we," "our" or the insurance requirements. If we add amounts for taxes, fees or "us" mean the credit union whose name appears on this document insurance to the unpaid balance of the Loan, we may increase your and anyone to whom the credit union assigns or transfers this payments to pay the amount added within the term of the insurance Agreement. All references to the "Loan" mean the loan described in the Loan Agreement that is part of this document. All references or term of the Loan. 7. INSURANCE NOTICE - If you do not purchase the required to "you," or "your" mean any person who signs this Agreement. THE SECURITY FOR THE LOAN - You give us what is known as 1 property insurance, the insurance we may purchase and charge you for will cover only our interest in the Property. The insurance will . a security interest in the property described in the "Security" not be liability insurance and will not satisfy any state financial section of the Truth in Lending Disclosure that is part of this responsibility or no fault laws. document ("the Property"). The security interest you give includes 8. DEFAULT - You will be in default if you break any promise you all accessions. Accessions are things which are attached to or installed in the Property now or in the future. The security interest make or fail to perform any obligation you have under this Agreement. You will also be in default under this Agreement if the also includes any replacements for the Property which you buy Loan is in default. within 10 days of the Loan and any extensions, renewals or 9. WHAT HAPPENS IF YOU ARE IN DEFAULT - When you are in refinancings of the Loan. It also includes any money you receive default, we may demand immediate payment of the outstanding from selling the Property or from insurance you have on the balance of the Loan without giving you advance notice and take Property. If the value of the Property declines, you promise to give possession of the Property. You agree the Credit Union has the right us more property as security if asked to do so. to take possession of the Property without judicial process if this 2. WHAT THE SECURITY INTEREST COVERS - The Property can be done without breach of the peace. If we ask, you promise to secures the Loan and any extensions, renewals or refinancings of deliver the Property at a time and place we choose. We will not be the Loan. If the Property is not a dwelling, it also secures any other responsible for any other property not covered by this Agreement including any credit card loan, you have now or receive in loans that you leave inside the Property or that is attached to the , the future from us and any other amounts you owe us for any Property. We will try to return that property to you or make it reason now or in the future, except any loan secured by your principal residence. If the Property is household goods as defined available to you to claim. After we have possession of the Property, we can sell it and apply by the Federal Trade Commission Credit Practices Rule or your the money to any amounts you owe us. We will give you notice of principal residence, the Property will secure only this Loan and not any public sale or the date after which a private sale will be held. other loans or amounts you owe us. Our expenses for taking possession of and selling the Property will 3. OWNERSHIP OF THE PROPERTY - You promise that you own be deducted from the money received from the sale. Those costs the Property or, if this Loan is to buy the Property, you promise may include the cost of storing the Property, preparing it for sale you will use the Loan proceeds for that purpose. You promise that and attorney's fees to the extent permitted under state law or no one else has any interest in or claim against the Property that awarded under the Bankruptcy Code. The rest of the sale money you have not already told us about. You promise not to sell or will be applied to what you owe under the Loan. lease the Property or to use it as security for a loan with another If you have agreed to pay the Loan, you will also have to pay any creditor until the Loan is repaid. You promise you will allow no amount that remains unpaid after the sale money has been applied other security interest or lien to attach to the Property either by to the unpaid balance of the Loan and to what you owe under this your actions or by operation of law. Agreement. You agree to pay interest on that amount at the same 4. PROTECTING THE SECURITY INTEREST - If your state issues a rate as the Loan until that amount has been paid. title for the Property, you promise to have our security interest 10. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE LOAN - shown on the title. We may have to file what is called a financing We can delay enforcing any of our rights under this Agreement any statement to protect our security interest from the claims of number of times without losing the ability to exercise our rights others. If asked to do so, you promise to sign a financing later. We can enforce this Agreement against your heirs or legal statement. You promise to do whatever else we think is necessary representatives. If we change the terms of the Loan, you agree that to protect our security interest in the Property. You also promise to this Agreement will remain in effect. pay all costs, including but not limited to any attorney fees, we 11. CONTINUED EFFECTIVENESS - If any part of this Agreement is ill i i h incur in protecting our security interest and rights in the Property, rema n n e rest w determined by a court to be unenforceable, t to the extent permitted by applicable law. effect. 5. USE OF PROPERTY - Until the Loan has been paid off, you 12. NORTH DAKOTA NOTICE TO BORROWERS PURCHASING A promise you will: (1) Use the Property carefully and keep it in good MOTOR VEHICLE - The motor vehicle in this transaction may be repair. 12) Obtain our written permission before making major subject to repossession. If it is repossessed and sold to someone changes to the Property or changing the address where the else, and all amounts due to the secured party are not received in Property is kept. (3) Inform us in writing before changing your that sale, you may have to pay the difference. address. (4) Allow us to inspect the Property. (5) Promptly notify 13. NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful us if the Property is damaged, stolen or abused. (6) Not use the for you to fail to return a motor vehicle that is subject to a security Property for any unlawful purpose. interest, within thirty days after you have received notice of default. 6. PROPERTY INSURANCE, TAXES AND FEES - You promise to The notice will be mailed to the address you gave us. It is your pay all taxes and fees (like registration fees) due on the Property responsibility to notify us if your address changes. The maximum and to keep the Property insured against loss and damage. The penalty for unlawful failure to return a motor vehicle is one year in amount and coverage of the property insurance must be prison and/or a fine of $150,000.00. acceptable to us. You may provide the property insurance through a policy you already have, or through a policy you get and pay for. Is marked. ?The following notice spp?DsER ONLY OF when THIS the box at left CONSUMER CREDIT ANY HOL NOTICE: 14 You promise make the insurance policy payable to us and to SUBJECT TO ALL CLAIMS AND DEFENSES CONTRACT IS deliver the policy or proof coverage to us if asked to do so. If you cancel your insurance and get a refund, have e a right to WHICH THE DEBTOR COULD ASSERT AGAINST THE the refund. If the Property is lost or damaged, , we can use the SELLER OF GOODS OR SERVICES OBTAINED PURSUANT insurance settlement to repair the Property or apply it towards HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY what you owe. You authorize us to endorse any draft or check HEREUNDER BY THE DEBTOR SHALL NOT EXCEED which may be payable to you in order for us to collect any refund AMOUNTS PAID BY THE DEBTOR HEREUNDER. or benefits due under your insurance policy. 15. OTHER PROVISIONS - 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 NXX021 (LASER) 27860 F 20 Sporting Green Drive hmmd? ?,.AmerUVACe Mechanicsburg, PA 17050 U&NMR. FEDERAL CREDIT UNION 717-697-3474 Building Relationships For Life 800-240-4364 CREDIT INSURANCE 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. CLJM NILTT[TAL GROUP P.O. Box 391.5910 Mineral Point Road Madison, WI 53701-Ml CREDIT INSURANCE APPLICATION & SCHEDULE CUM Mutual Insurance Society Phone: 8001937-2644 "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 LEE R MOORE MEMBER'S DATE OF BIRTH 10/13/84 ACCT ND. 38421-30 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 14.240% $ EFFECTIVE DATE OF CERTIFICATE EXPIRATION DATE OF CERTIFICATE TERM OF CERTIFICATE IN MONTHS INITIAL AMOUNT OF LOAN INSURED 10/08/05 CD CL CD CL CDS CL$ 6,190.OC THE FOLLOWING STATEMENTS MADE BY YOU ARE REPRESENTATIONS AND ARE TRUE TO THE BEST OF YOUR KNOWLEDGE AND BELIEF: CREDIT DISABILITY INSURANCE CRE LIFE INSURANCE YES OVERAGE SELECTED PREMIUM SCHEDULE GLE CREDIT DISABILITY e YOU UNDER AGE ? MAXIMUM AGE FOR INSURANCE NONE YARE this date, are you presently actively at work and regularly rforming all of the usual duties of a gainful occupation a mini 25 hours a week? If No, why not? II/A MAXIMUM MAXIMUM Under CL/CD the maximum MONTHLY TOTAL AMOUNT OF eligibility age for DISABILITY BENEFIT LOAN INSURABLE coverage is 65 with no $ 850.00 $ NONE maximum termination date. If you are totally disabled for more than 14 days, then the disability t will begin with the 15th day of disability. S N RE EM ee sure to check one of the boxes above.) Date X W Date APP. 860-11 YE NO COVERAGE SELECTED PREMIUM SCHEDULE INGLE CREDIT LIFE e DINT CREDIT LIFE e ARE YOU UNDER AGE 65? MAXIMUM AGE FOR INSURANCE NONE MAXIMUM AMOUNT OF Under CL/CD the maximum LOAN INSURABLE eligibility age for $ 50,000.00 coverage is 65 with no maximum termination date. SI NATU OF MEMBER we sure t check one of the boxes above.) Date X URE OF JOI T INSU D MEMBER Date (Only required if Joint Credit Life coverage is selected) X WIT S Date X APP. 85 -11 7 7PA IPA301 (LASER) 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. r usser, III, Remo orporation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. LEE MOORE, 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. day of 2010 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 3r? Dated this Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Feb-23-2010 06:26:19 ., Last Firs~dle Begin Date Active Duty Status Active Duty End Date Service A en Name g cy Based on the information you have furnished, the DMDC does not possess MOORE LEE 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). AuOk 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: //wiAfw. defensel i nk. init/faq/Si s/PC09 S LDR-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 02/23/2010 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 § 5020 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:6OF 1570A7Q https://www.dmdc.osd.mil/appj/scra/popreport.do 02/23/2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. CIVIL-LAW LEE MOORE, 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: Lee Moore 520 Reno Street, Apt. 8 New Cumberland, PA 17070 PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 570-387-1873 Fax: 570-387-6474 Respectfully submitted, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. LEE MOORE, Defendant CIVIL-LAW DOCKET NO. l, ENTRY OF APPEARANCE C;o Z-a.'V, Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully submitted, WIIWAAJwft?? Laurinda J. Vo cker, Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 570-387-1873 Fax: 570-387-6474 n r-a ' N Y t n (J,I ` SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor .F FLED-+'~i-, i~;~ Z~~Q ~ri~ -4 i~i; ~~ ~$ CUi~~~ ;..~ ,,~i~liY F.~ ~E 4~~ ~~'€,Y~i~a, Remit Corporation ( Case Number vs. Lee Moore 2010-1421 SHERIFF'S RETURN OF SERVICE 03/05/2010 04:37 PM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 5, 2010 at 1635 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lee Moore, by making known unto himself personally, at 520 Reno Street, Apt. 8 Basement, New Cumberland, Cumberland County, Pennsylvania 17070 its contents and at the same time handing to him personally the said true and correct copy of the same. MARK COPE IN, EPUTY SHERIFF COST: $43.30 March 08, 2010 SO ANSWERS, ~,. ~--~- RON ~ R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff ~~'~. ~, . ,~~ r -~ C?'! ~r; vs. :CIVIL-LAW ~ ~~ ~ n ~._. . ~_ ~.~. LEE MOORE, :DOCKET NO. 10-1421 CIVIL TER ~` ~ `-~_r;~+ Defendant ~~ ' ~ Cw.) {_~ , PRAECIPE FOR JUDGMENT AND ASSESSMENT OF DAMAGES ~' TO THE PROTHONOTARY: Kindly enter judgment against Defendant in the above captioned matter as follows: Real debt $ 4,161.73 Interest from Feb. 26, 2010 $ 20.81 Total: $ 4,182.54 Kindly assess damages against Defendant in the sum of $ 4,182.54 plus continuing interest at the statutory rate of 6%. BY: Laurinda oelcker, Esquire Attorney for Plaintiff ~I~-.oo pA ~o'rT-{ ~, `~ I a sag ~~ a~fo 59(v o`t~C~. I~Q.c.~~C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. LEE MOORE, Defendant CIVIL-LAW DOCKET NO. 10-1421 CIVIL TERM TO: Lee Moore 520 Reno Street, Apt. 8 New Cumberland, PA 17070 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment by Default Money Judgment Judgment in Replevin Judgment of Possession Judgment on Award on Arbitration Judgment on Verdict Judgment on Court findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: LAURINDA J. VOELCKER, ESQUIRE AT THIS TELEPHONE NUMBER: 570-387-1873 ~„ ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. LEE MOORE, Defendant CIVIL-LAW DOCKET NO. 10-1421 CIVIL TERM CERTIFICATION OF TEN (10) DAY NOTICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: I, LAURINDA J. VOELCKER, ESQUIRE, hereby swear and certify that I served a copy of the Ten (10) Day Notice by regular mail to Defendant on March 29, 2010. Laurinda J. Vo l~r, Esq. Attorney for aintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. LEE MOORE, CIVIL-LAW DOCKET NO. 10-1421 CIVIL TERM Defendant : NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: Lee Moore 520 Reno Street, Apt. 8 New Cumberland, PA 17070 DATE OF NOTICE: March 29, 2010 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 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 RE NCO Mailed to: ~-----' Lee Moore aurinda J. , oelcker, Esquire 520 Reno Street, Apt. 8 570-387-1573 New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. LEE MOORE, Defendant CIVIL-LAW DOCKET NO. 10-1421 CIVIL TERM 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, not has been in such service within thirty days hereof. 2010 Attorney For Remit~'orporation Attorney ID 82706 36 West Main Street Bloomsburg, PA 17815 Telephone: (570) 387-1873 Fax: (570) 387-6474 Request for Military Status Department of Defense Manpower Data Center ', Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Apr-09-2010 08:15:16 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency MOORE LEE 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). ~~ ~-~ 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/faq/pis/PC09SLDR.htm1. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA maybe 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 04/09/2010 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:QT6H22O2CA https://www. dmdc.osd.mil/appj/scra/popreport.do 04/09/2010 e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. LEE MOORE, CIVIL-LAW DOCKET NO. 10-1421 CIVIL TERM Defendant CERTIFICATION OF ADDRESSES I certify that the precise address(es) of Plaintiff and Defendant(s) are as follows: Plaintiff: Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Defendant: Lee Moore 520 Reno Street, Apt. 8 New Cumberland, PA 17070 Respectfully submitted, ~~~0~~-~ Laurinda J. Voe cker, Esquire Attorney for P aintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Telephone: (570) 387-1873 Fax: (570) 387-6474 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~s~~~" at ~r!uabrr~r~~ ~~~.~ ~-Q~ ~4~~ ~~ ; ~~ ~''~~~~tI~~OTAF~~o' Jody S Smith Chief Deputy Richard W Stewart Solicitor o py'' fl ~.~~+~~,, ~//~ nra ~ n, Remit Corporation vs. Lee Moore Case Number 2010-1421 SHERIFF'S RETURN OF SERVICE 09/30/2010 12:10 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 30, 2010 at 1150 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Lee Moore, in the hands, possession, or control of the within named garnishee, Integrity Bank, 440 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070, by handing to Drew Haynos, Bank Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on Lee Moore at 520 Reno Street, Apt. 8, New Cumberland, PA 17070. SO ANSWERS, •--... October 01, 2010 RON R A DERSON, SHERIFF i iam Cline, Deputy {ci CountySuite She»ff. Teleosoft. h1c- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. :CIVIL-LAW LEE MOORE, SSIp Rent S~, Apt 8 :DOCKET NO. 10-1421 CIVIL TERM Defendant fib, PA vs. I~o70 INTEGRITY BANK, Hob ~''~`~ St. Garnishee New Cwn-herlund, PA ~ (~oh0 PRAECIPE FOR WRIT OF EXECUTION '~ 3 rnW (MONEY JUDGMENT) x To the Prothonotary: n ~ --C ~'' Issue a Writ of Execution in the above matter, !.` (1) directed to the Sheriff of Cumberland County, Pennsylvania -~~.' mac.. ~~ (2) against Lee Moore, defendant; and ~ (3) Against Integrity Bank, Garnishee; (4) and index this Writ in the judgment index and (a) against Lee Moore, defendant(s), and (b) against Integrity Bank, as garnishee, as a lis pendens against real property of the defendant in name of garnishee(s) as follows: N/A (5) Amount Due: $ 4,182.54 Interest from 0411 5/20 1 0 $ 97.31 Credits $ 433.00 Costs to be added: Clerks Fee: $ Sheriff: $ C #at~.~o NS, 30 9a. o0 IMF . oc j a. 5o PQ A`rTy CCSF ~~ Total: $ Dated this I ~ .day of ~7l0.3~ ~P~ AYr/ ~a.oo f~:Co 'so c.t. e+f Ia81b e#aysa5~1 u~~~+~ ~ d 2010 Laurinda J. Voe ker, PA ID# 82706 Attorney for aintiff 36 West Main Street Bloomsburg, PA 17815 Phone: (570) 387-1873 Fax: (570) 387-6474 N ~ ~-.-.. Y' ~,•, z-r~ ~ -_ °° -~-+e~ ~~ s~ o ~ ~ c=3 c? ,'`~,~ ;> w ~- TN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. LEE MOORE, Defendant vs. CIVIL-LAW DOCKET NO. 10-1421 CIVIL TERM INTEGRITY BANK, ~ o '~ -*r Garnishee ~ -- G, --s ~~ ~~ cn ~ ~~ -°~ ~ ~° ~ ~ ~~ o a ~ own ate AFFIDAVIT OF NON-MILITARY SERVICE ,., ~ ~? ~ --r -- `~ ~ The Defendant is not now in the Military Service, as defined in the Soldier's~dnd "°~ Sailor's Civil Relief Act of 1940 with amendments, nor has been in such service within thirty days hereof. '~~ ` /day of , 2010 Dated this ~ i Laurinda J.-V'oe'lc e"r; PA ID~# 82706 Attorney for Pla' tiff 36 West Main treet Bloomsburg, PA 17815 Phone: (570) 387-1873 Fax: (570) 387-6474 Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Sep-09-2010 07:31:56 ~. Last First/Middle Begin Date Active Duty Status Active Duty End Date Service A enc Name g y Based on the information you have furnished, the DMDC does not possess MOORE LEE 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). rtey,r~ .w.a,_n~. 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/faq/pis/PC09SLDR.htm1. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA maybe 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. 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:Q95UKVAAOA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. :CIVIL-LAW LEE MOORE, :DOCKET NO. 10-1421 CIVIL TERM Defendant vs. INTEGRITY BANK, Garnishee CERTIFICATION OF ADDRESSES I certify that the precise address(es) of Plaintiff and Defendant(s) are as follows: Plaintiff: Remit Corporation 36 West Main Street ~ n rn Bloomsburg, PA 17815 ~ ~ ~~ ~~, ~ ~a Defendant: Lee Moore f" ~~ ~° 520 Reno Street Apt. 8 ~~ " 3 ~-'`' New Cumberland, PA 17070 , c ~ 0~ --tom ~ ,. Garnishee Integrity Bank .~ _.~ -- 440 Bridge Street New Cumberland, PA 17070 Respectfully Submitted, Laurinda J. V cker, PA ID# 82706 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Phone: (570) 387-1873 Fax (570)387-6474 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1421 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due REMIT CORPORATION, Plaintiff (s) From LEE MOORE, 520 Reno Street, Apt 8, New Cumberland, PA 17070 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: INTEGRITY BANK, 440 Bridge Street, New Cumberland, PA 17070 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,749.54 L.L.$.50 Interest from 4/15/10 -- $97.31 Atty's Comm Atty Paid $176.30 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 9/28/10 (Seal) ~)w / David D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name LAURINDA J. VOELCKER, ESQUIRE Address: 36 WEST MAIN STREET BLOOMSBURG, PA 17815 Attorney for: PLAINTIFF Telephone: 570-387-1873 Supreme Court ID No. 82706 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff :CIVIL -LAW vs. : LEE MOORE :DOCKET NO 10-1421 CIVIL TERM , Defendant . ,,~ `' o `'`' ~, --'~ INTEGRITY BANK ~_ ~ ~ ~' ;~? , Garnishee ~:. L ~+o , > ;~- c:, -~ -~ ©--~ c~ :~, .F-- ~ ~ r~r PRAECIPE TO DISCONTINUE ATTACHMENT ~ c~ To the Prothonotary: Kindly Discontinue the Attachment of the Defendant's bank account with Integrity Bank. SUBMITTED BY: aurinda Voel cer, PA ID# 82706 Attorney for laintiff 36 West Main Street Bloomsburg, PA 17815 Telephone: (570)387-1873 Fax: (570)387-6474 ~8.6o Po R'tr/ e'~ ~ae~7 ~~ x50"{(03 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY a:> FILED-OFFICE O THE PROTHONOTARY 7011 APR 15 PM 1: 11 "UMBERLAND COUNTY PENNSYLVANIA Remit Corporation vs. Lee Moore Case Number 2010-1421 SHERIFF'S RETURN OF SERVICE 09/30/2010 12:10 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 30, 2010 at 1150 hours, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the within named defendant, to wit: Lee Moore, in the hands, possession, or control of the within named garnishee, Integrity Bank, 440 Bridge Street, New Cumberland, Cumberland County, Pennsylvania 17070, by handing to Drew Haynos, Bank Manager, personally three copies of interrogatories together with three true and attested copies of the writ of execution and made the contents there of known to him. The writ of execution and notice to defendant was mailed on Lee Moore at 520 Reno Street, Apt. 8, New Cumberland, PA 17070. 04/14/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $97.59 SO ANSWERS, April 14, 2011 RON R ANDERSON, SHERIFF B Sharon R. Lantz ?Oew. Cam. It, 4-7f -. 5- s 09`3 ;c) CountySuite Sheriff, ielecsoft.. rc