HomeMy WebLinkAbout10-1838IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Plaintiff
VS.
CIVIL-LAW
BONNIE KIMBLE-GORDON AND DOCKET NO. 1 V - 1936
ADAM M. GORDON,
Defendants
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
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
-
?`
- LAURINDA J. VOE R, ESQUIRE
- Attorney for Plainf
?92.00 1
L'..1 %L
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Plaintiff
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, Bonnie Kimble-Gordon, resides at 111 Maple Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17050.
3. The Defendant, Adam M. Gordon, resides at 111 Maple Drive, Mechanicsburg,
Cumberland County, Pennsylvania 17050.
4. Defendants are indebted to the Plaintiff in the amount of $2,862.80 for an unpaid
account as detailed below.
SIGNATURE LOAN
5. Defendants obtained a financial loan on or about June 15, 2005 from Americhoice
Federal Credit Union in the amount of $5,000.00 to pay off bills and make home improvements.
6. On or about December 2, 2008, Remit Corporation purchased the account of
Bonnie Kimble-Gordon and Adam M. Gordon from the original creditor. The sale included the
vs.
BONNIE KIMBLE-GORDON AND
ADAM M. GORDON,
Defendants
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.
7. Defendant defaulted on the payments due and the last payment on this account
was made on or about November 30, 2007.
8. To date the charge-off balance is $2,178.57 and $684.23 post-charge off interest
that has accrued at 15.99% for a total of $2,862.80.
COUNT 1
BREACH OF EXPRESS CONTRACT
9. In consideration of the extension of credit provided by original creditor through
the loan, Defendants 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
$2,862.80.
11. Defendants 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. Defendants are indebted to the Plaintiff in the amount of $2,862.80. Defendants
have 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 Defendants 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 Exhibit B.
WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendants in the
amount of $2,862.80 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 Defendants did not exist, that contracts implied by fact or
implied by law exist.
16. At all times relevant hereto, Defendants were aware that the original creditor was
extending credit services to them and that the original creditor expected to be paid for the
Defendant's use of this credit.
17. Defendants used the loan to purchase items, and they received the same to their
benefit.
18. The total reasonable value of the Defendants use of the credit extended by
original creditor is $2,862.80.
19. In breach of the implied contracts, Defendants have failed and refused to pay the
outstanding sum for the loan and the same is now due and owing.
20. The Defendants have 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, Defendants are indebted to the Plaintiff in the amount of $2,862.80.
WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendants in the
amount of $2,862.80, together with interest, costs and such further and additional relief as this
Honorable Court deems just and equitable.
COUNT III
QUANTUM MERUITIUNJUST 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 Defendants.
25. The Defendants will be unjustly enriched if they are allowed to retain the benefit
resulting from their 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 Defendants understood that original creditor was entitled to compensation based
upon their use of the loan.
27. The reasonable value of the Defendant's use of the loan including purchases, fees
and interest is $2,862.80.
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 $2,862.80 from the
Defendants and frequent demand for said sums has been made and the Defendants have failed
and refused to pay the same.
WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendants in the
amount of $2,862.80, together with interest, costs and such further and additional relief as this
Honorable Court deems just and equitable.
Respectfully submitted,
vwx__?--
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
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
I --?
AmeriChoice
CA" Building Relationships For Life
20 Sporting Green Drive
Mechanicsburg, PA 17050
717-697-3474
800-240-4364
LOAN AND SECURITY AGREEMENTS
AND DISCLOSURE STATEMENT
LOAN DATE LOAN NUMBER ACCOUNT NUMBER GROUP POLICY NUMBER MATURITY DATE
7 77- 7- -
8 . OR _ ... ROWER 1 6WROWEIR 2
NAME AND ADDRESS NAME IAND ADDRESS IF DIFFERENT FROM BORROWER 1)
KIMBLE-GORDON, BONNIE GORDON, ADAM M
111 MAPLE DR 111 MAPLE DR
MECHANICSBURG, PA 17050 MECHANICSBURG, PA 17050
...
IN I
TRUW .' ...
F'
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.
328.39e $ 5,000.00 s 6, 328. 39e which includes your
990 % S 1
15
,
.
downpayment of 9
Your Payment Schedule Will Be: Prepayment: If you pay off early you will not have to
Number of Payments Amount of Payments When Payments Are us
79 BEGINNING 07/15/05
7 pay a penalty.
,
5.
35 $ 1
MONTHLY THEREAFTER. Required Deposit: The Annual Percentage Rate does
s
1 $ 175.74 06/15/08 it, if any.
not take into account your required depo
? Assumption: Someone buying your mobile home
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
Fili
F
Fili
I
N
days late, you will incur a $15.00 late fee. ng
ees
nsurance
on-
ng
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
S
S
5
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.
SIGNATURES
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.
11x IS??l6 15 05
BORROWER 2 ATE
X ISEAU (D s
[] OTHER BORROWER iL OW PERTY ITNESS ATE
E IBIT
N
r?o?a? ?rt uxw
FEDERAL CREDIT UNION
Credit UnionAMERICHOICE FEDERAL CREDIT UNION Loan No. 15075' Acct. No. 3447-31
Borrower(s) BONNIE KIMBLE-GORDON ' ADAM M GORDON
ITEMIZATION OF T U T FINANCIER
Itemization of Amount Financed of Amount Given to You Directly Amount Paid on Your Account Prepaid Finance Charge
$ 5,000.00 $ $ 5,000.00 $
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 $ To
$ To $ To
$ To $ To
$ To $ To
$ To $ To
$ To $ To INSURANCE $ To
$ To
In this Loan Agreement (-Agreement- 1 an refer
appears above and anyone to whom the Credit U
person who signs this Agreement as a borrower.
1. PROMISE TO PAY -
assigns or transfers this Agreement. An references io
ion Whose name
your" mean each
You promise to pay $ 5,000.00 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 15.990 % 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 ayments of the
amount and at the time shown in the truth in Lending
Disclosure. You may prepay any amount without it
u prepay any part of what ou owe, you are shll req fired
Y01 make the regularly schedulyed payments, unless we Dave
agreed, to a change in the payment schedule. Because this
is a s)m )le interest loan, if you do not make payments
exactly as scheduled, our final payment may, be more or
I ss than the amount of the final payment that is disclosed.
17 you elect credit insurance, we will either include the
remwm in your payments or extend the term of your loan.
Pf the term is extended you will be required to make
additional payments of tie 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
3.L1SAf1???bZ`E?S ?Y MAIL - I the proceeds of this loan
are mailed to you, interest on this loan begins on the date
the I n r ce dd r mile to ou.
4.s ??U?I?II' ?Ofta1.?A1? - his yAgreement is secured by all
roparty described in the "Security" section of the Truth in
Lending Disclosure. Property securing other loans you have
with us also secures this loan, unress the property is a
dwellin'A dwelling secur s this loan only if it is described
in the ecunt " section oef the Truth in Lending Disclosure
fqr this Joan. /VCredit Union has a Warp/ charter: Statutory
Lien - I you are in default on a financial obligation to us,
federal law ive us the right to apply the balance of shares
and dividends in all individual and accounts you have
with us to satisfy that obligation. fter you are in default,
mayexerci a this right {yithout further notice to ou.
111fe have a federal charter If our name includes the term
Federal Credit Union.") /f Credit Union has a state charter,
ex t in Ohio anal Rhode /s/and• We have a statutory lien
on tie shares and dividends and, if 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. (ve have a state charter if our
name does not include the term "Federal Credit Union."?
For aN borrowers: You pledge as security for this loan al
shares and dividends and, it an , all deposits and interest in
all joint and individual accoun s you nave with th credit
union now and in the future. T e statutory lien and?or your
pledge will allow us to apply the funs in yo r account(s)
to at you owe when you are in efault. The statutory
lien and your pledge dyo not apply to any Individual
Retirement Account or any other ac ount that would lose
special tax treatment under state or Ylederal law if given as
itrv
1ecuR-ULT - 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 mle in
connection with this Agreement. You will be in default i you
die, file for bankruptcy, become insolvent (that is, unable #o
pay our bills and loans as they become due}, or if you made
anyalse or misleading statements in your loan application.
Yop will also be in dgef ult if something happens that we
believe may seriously affect your ability, to repay what you
owe under this Agreement or if you are in default under any
other loan a reement ou have with us.
6. ACTIONFAFTER 09FAULT - When ou are in default, we
may demand immediate payment of the entire unpaid
balance under this Agreement. You waive any n ht you have
to receive demand for payment, notice of inten? to demand
immediate ayment and notice of demand for immediate
payment. If we demand immediate payment, you will
ontinue to pay interest at the rate provided for in this
cgreement, 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 Aggre ment. We may also
e rse any other rights given By law when you are in
d7. EA -H PERSON RESPONSIBLE - Each, person who si ns
this Agreement will be individually and )omtlY responsible Tor
paying the entire amount owed under this Agreement. This
means we can enforce our rights against any one of you
individ II r nst all of yolj togetfior.
8. LA I MA R - If you are late in making a payment, you
promise to pay the late charge shown in the Truth in Lending
Disclosure. If no late charge is shown, you will not be
-W.-DA-1- YIN ENFORCING RIGHTS - We can delay enforcing
any of our rights under this Agreement any number of times
without losing the ability to exercise our rights later. We can
enforce this Agreement against your heirs or legal
representatives.
10. CONTINUED EFFECTIVENESS - If any part of this
Agreement is determ ned by a court to be unenforceable, the
rest will remain in effect.
11. NOTIES - Notces will be sent tq you at the most
recent address you nave given us in writing. Notice to any
one of ou will be notice to all.
12. OTHER PROVISIONS -
NXX021 (LASER) 27880
Credit Union AMERICHOIgE FEDERAL CREDIT UNION Loan No. 15075 Acct. No. 3447731
' Borrower(s) BONNIE KIMBLE-GORDON ' ADAM M GORDON
SECURITY AdREEKINT
In this Agreement all references to "credit union," "we," "our" or
"us" mean the credit union whose name appears on this document the insurance requirements. If we add amounts for taxes, fees or
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.
k
h
i property insurance, the insurance we may purchase and charge you
our interest in the Property. The insurance will
will cover onl
f
nown as
at
s
1. THE SECURITY FOR THE LOAN - You give us w
a security interest in the property described in the "Security" y
or
not be liability insurance and will not satisfy any state financial
section of the Truth in Lending Disclosure that is part of this
document ("the Property"). The security interest you give includes responsibility or no fault laws.
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
n the
h
i default, we may demand immediate payment of the outstanding
balance of the Loan without giving you advance notice and take
ave o
nsurance you
from selling the Property or from
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
WHAT THE SECURITY INTEREST COVERS - The Property
2 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
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 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
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
k i
essar
thi
l
h later. We can enforce this Agreement against your heirs or legal
you agree that
e the terms of the Loan
If we chan
resentatives
re
s nec
n
y
atever e
se we
statement. You promise to do w ,
g
.
p
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
incur in protecting our security interest and rights in the Property, determined by a court to be unenforceable, the rest will remain in
to the extent permitted by applicable law.
5. USE OF PROPERTY - Until the Loan has been paid off, you effect.
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. (2) 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 [3 The fopowing notice eppAw ONLY when the box at left is marked.
a policy you already have, or through a policy you get and pay for. 14 NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT
to us and to
You promise to make the insurance policy payable CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES
to do so.
deliver the policy or proof coverage to us if asked
a ave e
to
a right
a refund,
have
and
get
e
cancel
your insurance
If you WHICH THE DEBTOR COULD ASSERT AGAINST THE
damaged, ,
can
use the
we
or
is
lost
If the
Property
refund.
the SELLER OF GOODS OR SERVICES OBTAINED PURSUANT
RECOVERY
HERETO OR WITH THE PROCEEDS HEREOF
insurance settlement to repair the Property or apply it towards
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
--'---...-..- --- - ---- ---- ... .......-.. ..-...-....?.. NXXn7111 ACFRI 77RRn
P,d ???e 20 Sporting Green Drive ?MI
. EL
Mechanicsburg, PA 17050 kakvw
9FEDERAL 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.
CUNANU i V/ L GROUP P.O. Box 381 • 5810 Mineral Point Road
Madison, W153701-0381
CREDIT INSURANCE APPLICATION & SCHEDULE CUNA Mutuai Insurance Sodety Phone: 8001937-26,14
"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 BONNIE KIMBLE-GORDON MEMBER'S DATE OF BIRTH 04/28/70 ACCTNO. 34477-31
JOINT INSURED MEMBER ADAM M GORDON JOINT INSURED'S DATE OF BIRTH 07 / 02 / 63 ACCT NO. 35361
GROUP POLICY SECONDARY BENEFICIARY RATE OF INTEREST USED ON THIS LOAN MONTHLY PAYMENT/BENEFIT
(IF YOU DESIRE TO NAME ONE)
037-1848-3 15.990% $
EFFECTIVE DATE OF CERTIFICATE EXPIRATION DATE OF CERTIFICATE TERM OF CERTIFICATE IN MONTHS INITIAL AMOUNT OF LOAN INSURED
06/15/05 CD CL CD CL CD$ CL$ 5,000.00
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 SCHEDULE
XX SINGLE CREDIT DISABILITY e
ARE YOU UNDER AGE65 1 MAXIMUM AGE FOR INSURANCE NONE
On this date, are you presently actively at work and regularly
performing all of the usual duties of a gainful occupation a
minimum of 25 hours a week?
If No, why not?
MAXIMUM MAXIMUM Under CL/CD the maximum
MONTHLY TOTAL AMOUNT OF eligibility age for
DISABILITY BENEFIT LOAN INSURABLE overage is 65 with no
g 850.00 $ NONE aximum to ination date.
If you 11 isabled f mo han 1 , then the disability
ys
7
day f di bill
bens t ' in ith the
X I AT E B (Be JQG. t the 1 ate
XV
X THE t
zhs- APP. 880-1187PA ??
YES NO COVERAGE SELECTED PREMIUM SCHEDULE
SINGLE CREDIT LIFE e
XX JOINT CREDIT LIFE e
ARE YOU UNDER AGE 65? MAXIMUM AGE FOR INSURANCE NONE
MAXIMUM AMOUNT OF Under CL/CD the maximum
LOAN 114SURABLE ig' bill ge for
$ 50,000.00 A verage B 5 with no
i
erm nation date.
aximurn
UR OF MEM R 1 e to c of he box above.) at
X
49,
I 0 JO E R D e
(Only required if Joint Credit Life co erepe is selected)
X
Date
X
APP. 850-1187PA ( /
5
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.
6" " "/---
Harry trausser, III, it Corporation
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Plaintiff
VS.
CIVIL-LAW
BONNIE KIMBLE-GORDON AND DOCKET NO.
ADAM M. GORDON,
Defendants
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 U day of 4Pf1'6??'1 , 2010
7? W97A17,17JV,1Z74QZ1
Laurinda J. Voelckpf, E"squire
Attorney for Plainiff
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
AdftL
Military Status Report
Pursuant to the Service Members Civil Relief Act
1W
Page 1 of 2
NW-08-2010 09:43:07
Service
Last Name FirstfAliddle Begin Date Active Duty Status Active Duty End Date ency
KIlVIBLE- Based on the information you have furnished, the DMDC does not
GORDON BONNIE 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, NOAH, 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.defense]ink.mi1/fag/pis/P(095LDR_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 03/08/2010
Request for Military Status Page 2 of 2
More information on "Active Daty SWW "
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) fora
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 (AGF:)
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:94K4902J5T
https://www.dmdc.osd.mil/appj/scra/popreport.do 03/08/2010
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
Mar-08-2010 09:43:52
. Last First/Middl Begin Date Active Duty Status Active Duty End Date Service
A envy
Name
Based on the information you have furnished, the DMDC does not possess
GORDON ADAM M 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).
rte, n ,c?.,j ,-
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 1)1 tl;:i'iwww.detet)selii-ik iiii1/faq/pis/KC 09SLDR.1qrid. 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 03/08/2010
Request for Military Status Page 2 of 2
More information on "Active Duty Stadis"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) fora
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:7FJERQ3LHA
https://www.dmdc.osd.mil/appj/scra/popreport.do 03/08/2010
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Plaintiff
vs. CIVIL-LAW
BONNIE KIMBLE-GORDON AND DOCKET NO.
ADAM M. GORDON,
Defendants
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: Bonnie Kimble-Gordon
111 Maple Drive
Mechanicsburg, PA 17050
Defendant: Adam M. Gordon
111 Maple Drive
Mechanicsburg, PA 17050
PA ID #82706
Remit Corporation
36 West Main Street
Bloomsburg, PA 17815
Phone: 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.
BONNIE KIMBLE-GORDON AND
ADAM M. GORDON,
Defendants
CIVIL-LAW
DOCKET NO. D -' X83
ENTRY OF APPEARANCE
C u i l Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above
captioned matter.
Respectfully submitted,
Laurinda J. Voelc ,1??
Attorney for Pla ntiff
PA ID #82706
Remit Corporation
36 West Main Street
Bloomsburg, PA 17815
Phone: 570-387-1873
Fax: 570-387-6474
n "`'
% CT
a-
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
tip nt C11114 "t
V
ol,
OFFif E ,'I T ; ' r- tR FF
G r.".C r
201fl??R 22 a'i ?• J$
Remit Corporation
vs. Case Number
.
Adam M. Gordon (et al.) 2010-1838
SHERIFF'S RETURN OF SERVICE
03/18/2010 03:20 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on
March 18, 2010 at 1520 hours, she served a true copy of the within Complaint and Notice, upon the within
named defendant, to wit: Bonnie Kimble-Gordon, by making known unto Adam Gordon, Husband of
defendant at 111 Maple Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and
at the same time handing to him personally the said true and correct copy of the same.
Vl
? in a
AMANDA COBAUGH, DEPUTY
03/18/2010 03:20 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on
March 18, 2010 at 1520 hours, she served a true copy of the within Complaint and Notice, upon the within
named defendant, to wit: Adam M. Gordon, by making known unto himself personally, at 111 Maple Drive,
Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to
him personally the said true and correct copy of the same.
AMARDA COBAUGH, DEPU
SHERIFF COST: $53.00
March 19, 2010
SO ANSWERS,
2 `
xr ?'
RON R ANDERSON, SHERIFF
"S-1 Coun;ySuite SMenff_ TeieCsoft. I %-,