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HomeMy WebLinkAbout10-2127IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNIN-ED-OfFiCE COMMONWEALTH OF PENNSYLVANIA ()? T-!E R+?0TH ONOTMy REMIT CORPORATION, 2010 KAR 26 PM 3: 23 Plaintiff ?n?WA vs. CIVIL-LAW CHRISTINA WALDEN, :DOCKET NO. I O - a ld7 0.11v < < Ter w+ Defendant ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully submitted, Laurinda J. Voe er, Esqui Attorney for aintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 570-387-1873 Fax: 570-387-6474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ..? COMMONWEALTH OF PENNSYLVANIA t ?r- :;a Fn REMIT CORPORATION, ? A Plaintiff -` ' VS. CIVIL-LAW T?_ C w ©m CHRISTINA WALDEN, DOCKET NO. !a - a?a7 alvit r (e-pk Defendant 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 0 +U-0O PD ATTq cx`? 1*4s? 12' a,V 553 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW CHRISTINA WALDEN, DOCKET NO. Defendant COMPLAINT The Plaintiff, Remit Corporation, by and through its attorney Laurinda Voelcker, Esquire, hereby files this Complaint of which the following is a statement: 1. The Plaintiff, Remit Corporation, is a Pennsylvania Corporation doing business at 36 West Main Street, P.O. Box 7, Bloomsburg, Columbia County, Pennsylvania 17815. 2. The Defendant, Christina Walden, is an adult individual residing at 11 Tiptop Circle, Carlisle, Cumberland County, Pennsylvania 17015. 3. Defendant is indebted to the Plaintiff in the amount of $8,170.39 for unpaid account as detailed below. 4. On or about December 2, 2008, Remit Corporation purchased the accounts of Christina Walden 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 December 11, 2003 from Americhoice Federal Credit Union (hereinafter "original creditor") in the amount of $12,990.50 to purchase a 2000 Jeep Grand Cherokee automobile vin number 1J4GW48SIYC211111. 6. Defendant defaulted on scheduled payments and the account was charged off on or about July 21, 2006. 7. The automobile was repossessed and sold. After credits from the sale as well as Defendant's payments, the remaining balance owed was $5,982.44. A copy of the relevant document for this transaction is attached hereto, incorporated herein and referred to hereafter as Exhibit B. 8. To date the charge-off balance is $5,982.44 and $2,187.95 post-charge off interest that has accrued at 9.99% for a total of $8,170.39. 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 $8,170.39. 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 $8,170.39. 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 $8,170.39 together with interest, costs, attorney fees and such further and additional relief as this Honorable Court deems just and equitable. COUNT II BREACH OF IMPLIED CONTRACT 14. The preceding paragraphs are incorporated herein by reference and made a part thereof as if fully set forth herein. 15. It is averred, in the alternative, in the paragraphs set forth above, if express contracts between original creditor and Defendant did not exist, that contracts implied by fact or implied by law exist. 16. At all times relevant hereto, Defendant was aware that the original creditor was extending credit services to her and that the original creditor expected to be paid for the Defendant's use of this credit. 17. Defendant used the loan to purchase items, and she received the same to her benefit. 18. The total reasonable value of the Defendant's use of the credit extended by original creditor is $8,170.39. 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 $8,170.39. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $8,170.39, 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 Defendant. 25. The Defendant will be unjustly enriched if she is allowed to retain the benefit resulting from her use of the loan provided by original creditor without having to make reasonable payment for the value of the benefits received from the original creditor's provision of credit. 26. The original creditor was not a volunteer in providing the credit services set forth above and the Defendant understood that original creditor was entitled to compensation based upon her use of the loan. 27. The reasonable value of the Defendant's use of the loan including purchases, fees and interest is $8,170.39. 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 $8,170.39 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 $8,170.39, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, Laurinda J. Vgklcker, Esquire Attorney for 'Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 570-387-1873 Fax: 570-387-6474 EXHIBIT C AMERICHOICE FCU 20 Sporting Green Drive Mechanicsburg, PA 17050 ASSIGNMENT AND BILL OF SALE AMERICHOICE FCU ("Seller") has entered into a Credit Card Purchase Agreement, dated, DECEMBER 2, 2008 ("Agreement") for the sale of Accounts described in Exhibit A thereof to REMIT CORPORATION ("Purchaser"), upon the terms and conditions set forth in that Agreement. NOW, THEREFORE, for good and valuable consideration, Seller hereby sells, assigns and transfers to Purchaser all of Seller's rights, title and interest in each and every one of the Accounts described in the Agreement, provided however such transfer is made without any representations, warranties or recourse. Purchaser and Seller agree that the Purchase Price shall be as stated in Exhibit B, attached to the Agreement. IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the 2 day of DECEMBER .2008. SELLER By: JAMES A GLA LTF.R 10 of 11 EXHIBIT June 21, 2006 Christina L Waldon 516 N West Street Carlisle, PA 17013-1964 RE: 35669-30 2000 Jeep Ms. Waldon: Please be advised that we received 0 bids on your 2000 Jeep Grand Cherokee. As of 06/21/06, we have sold the vehicle for $1,875.00 through the Harrisburg Auto Auction. After applying the proceeds received from this sale, the balance owed to the Credit Union is $6,348.61. The breakdown is as follows: Principal Balance Owed (06-21-06) $ 8,013.34 Cost of Repossession of Vehicle $ 0.00 Interest (06/21/06) $ 166.17 Cost of Penn DOT Title Work $ 34.10 Cost to clean & repair $ 0.00 Gas $ 10.00 Total after Expenses Incurred $ 8,223.61 Proceeds from Sale $ 1875.00 Funds in shares applied to loan balance $ 0.00 Gap insurance reimbursement $ 0.00 Warranty insurance reimbursement $ 0.00 Final Total Deficiency Balance through 04/20/06 $ 6,348.61 The Credit Union demands repayment of the deficiency balance of $6,348.61 on or before 07/03/06. 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 if--4- 1 M PA 23-SLC (Rev. 3/03) SIMPLE INTEREST INSYLVANIA (OR VEHICLE INSTALLMENT SALE CONTRACT, 7 -2Z1?9-_3c) Dated f Ir - 1 / O 3 G ?/ ANNUAL FINANCE Amount Financed Total of Payments Total Sale Price PERCENTAGE RATE CHARGE The amount of credit provided The amount you will have paid after you The total cost of your purchase on The cost of your credit as l t The dollar amount the dit ill t to you or on your behalf. have made all scheduled payments. credit, including your downpayment f; ?d loy a year y ra e. cre w cos you. . . o % 4 s 3, 5 r 44f ; is b. 0 = 16 556.E = I ? .???? l our Payment Schedule will be: No. of Payments Amount of Payments When Payments Are Due a& 0 0 .2 monthly, beginning /0 I s 9'75-1 A.21 I - I"A00 Ir Security: You are giving a security interest in the motor vehicle being purchased. Prepayment: If you pay off early, you will not have to pay a penalty. 'iling Fees: S ate Chap: If a payment is late, you will be charged 2% of the portion of the payment which is late for each month, or part of a month greater than 10 days, that it remains unpaid. ;ee below and any other Contract documents for any additional information about nonpayment, default, any required repayment in full before the scheduled date and prepayment efunds and penaltie& a means estimate his Contract IF YOU DO NOT MEET YOUR CONTRACT are ????!! rm OBLIGATIONS, YOU MAY LOSE THE MOTOR SELLERd1r t /? ? ? LI)02I,D /NG 4ttS SrQ?Ny 44 CQ?Q(,1,?,VEHICLE AND PROPERTY THAT YOU Name Address Zip Code BOUGHT WITH THIS CONTRACT, AND/OR MONEY ON DEPOSIT WITH THE ASSIGNEE. are BUYER(Sem Name(s) This Contract is between Seller and Buyer. AN disdosuaes have been made by Seiler. Seller intends to assign this Conbact to the Assignee. sere is more than one Buyer, each promises, separately and together, to pay all sums due us and to perform all agreements in this Contract "l MIUMU Cash Price 1DE-IN: have traded in following vehicle: and Make M100% Description DU balance is still owing on the vehicle you have traded in, the Seiler will pay off this amount on your behalf. You warrant and represent to us that trade-in is free from lien, claim, encumbrance or security interest, except as shown in the Itemization of Amount Financed as the *Lien Payoff.' )PERTY INSURANCE: You may choose the person through whom insurance is obtained against loss or damage to the Vehicle and against ility arising out of use or ownership of the Vehicle. In this Contract, you are promising to insure the Vehicle and keep it insured. :DIT INSURANCE IS NOT REQUIRED: Credit Life Insurance and Credit Accident & Health (Disability) Insurance are not required to obtain ;it, and will not be provided unless you sign below and agree to pay the additional cost(s). Please read the NOTICE OF PROPOSED CREDIT :URANCE on the reverse side. Your insurance certificate or policy will tell you the MAXIMUM amount of insurance available. MI insurance chased will be for the term of the credit We may receive a financial benefit froon your purchase of credit insurance. signing, you select Single Credit Life Insurance, What is your By signing, you select Single Credit Accident & What is your ch costs; -Pi- age? *j j}Years Health Insurance, which costs; ? age? Years W nature of Buyer to be i sureedd for Single Credit life Insurance Sigrahn of MW to be inswed tar Single Credit Accident & Him Insurance signing, you both select Joint What are By signing, you both select heat Credit What are Percentage dit Life Insurance, which costs S your agns? kcident & Heath Insurance, which coals; your ages? to be insured natures of both Buyers to be insured for Joint Credit I Signatures of both Buyers to be insured for Joint Insurance Credit Accident & Hub Insurance Cash Downpayment s ?D•4c Trade-In Y00, 00. Value of Trade-In S Lien Payoff to : N 1I Unpaid Cash Price Balance ; ?a To Credit Insurance Cop ppany _ $ To Public Officials for. Y License, Ta and Reglstratinin S eR d? 2 Lien Fee ao s , c? o W ? c To 0 r s Y To ?° sjudwAru uv Nur ho 41 uo imp eq Wm lu=Atd wy SLL' s to IutawLedd leUll a Put '4399 w )Shaw! snp Ptauew,J )unowy MR sn of Led of asift noA - slnPog3S luaeei od (a3ueWawiy seed 10 Igol ply a3ueuli p.'• wow )unowd s a 01 put AlaleJedas saaile pug apMeA aq) w Isaja)ul Aipnan a sn smia MOld4 judwddAav /ylllldd, a,JOw-U--j -41 uun.u... uow........Y •aanmv 1 •elW^ 04 P "W ue aq sou HIM JOAS-03 •#3eJ1u033 SM w sluawa 3181 wJolJad al put anp swns Led of '(s)jaAng pue (sjj9u3!S-o3 Ile tWA wqpft pue Lla)aedas sw wid Molaq )uawaaay saauHlS-oo aq) HuluHls uosied Luy :ll3nlS-( PAspog oowv IuauwHpxe us sajew Jqm P P w4m noA H!M asuHlssr wli ' V aig Aq algeasuolua aq pug of Huopq NnR )uanuaaey n3aS 341 ut Pug MAIM s!Vl ul gall all p qVrjoq pug WW ip 'I m No JOW "Nopaa pabeWe qpns of wop aep uua) 041 '""IPM )u bulat a ?w a Idequop UMNIN calf No N VOWA V. w13 S1 qupps Aueduloa ammug sips a 41 wavi oaf Lun=S put puma sell M :33N IS 01 IAuIA - OC111 Wf? _ .M.dd 4: wfrv mW 'PdS S - Ow IS Ws .S? •1•V Paddln ' aerj/try?•YJ IIIIf1".wossfrm?q 41 -C1 I'M off dMd?9 J ncso?(' 10eJlu03 si41 w .api4a& ; Palle3 si 43i4M luawdmbe eilxa sli pue al3ulaA Jolow 8uI 1 aq) 'l3eJ)uoJ si41 Io suual aqi iapun 'ase43md o) poojh aAe4 ?roA 313IH aaim 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 trausser, III, mit Corporation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. CIVIL-LAW CHRISTINA WALDEN, DOCKET NO. Defendant AFFIDAVIT OF NON-MILITARY SERVICE The Defendant is not now in the Military Service, as defined in the Soldier's and Sailor's Civil Relief Act of 1940 with amendments, and has not been in such service within thirty days hereof. Dated this ag 1) day of '2010 PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 570-387-1873 Fax: 570-387-6474 Request for Military Status Department of Defense Manpower Data Center 10 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Mar-18-2010 11:20:03 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency CHRISTINA Based on the information you have furnished, the DMDC does not possess WALDEN 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). Alt 404,101, A?M_ 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.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. 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:VQJ26686HT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff Vs. CHRISTINA WALDEN, Defendant CIVIL-LAW DOCKET NO. CERTIFICATION OF ADDRESSES I certify that the precise addresses of Plaintiff and Defendant(s) are as follows: Plaintiff: Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Defendant: Christina Walden 11 Tiptop Circle Carlisle, PA 17015 PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 570-387-1873 Fax: 570-387-6474 Respectfully submitted, s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. :CIVIL-LAW CHRISTINA WALDEN, :DOCKET NO. 10-2127 CIVIL TERM Defendant PRAECIPE FOR JUDGMENT AND ASSESSMENT OF DAMAGES ~y _.. ~,,, ~-~! ...~.~~:;: -Tt TO THE PROTHONOTARY: 'T- ' - ~ ~ ' `~ ~- .~ -- c?' ~;, - Kindly enter judgment against Defendant in the above captioned matter as follows: ~~: _, Real debt $ 8,170.39 '~ _ Interest from March 26, 2010 $ 40.85 .~ ~ ==~ Total: $ 8,211.24 Kindly assess damages against Defendant in the sum of $ 8,211.24 plus continuing interest at the statutory rate of 6%. BY: Laurinda J.JVd6lcker, Esquire Attorney or Plaintiff $ i~.oo PA A~f C~~ lal~o3 2,~ ~/a y'f8 (~o-he~ I~/lou~-~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CHRISTINA WALDEN, Defendant CIVIL-LAW DOCKET NO. 10-2127 CIVIL TERM TO: Christina Walden 11 Tiptop Circle Carlisle, PA 17015 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 / J 5 O lD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW CHRISTINA WALDEN, :DOCKET NO. 10-2127 CIVIL TERM Defendant 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 May 3, 2010. BY: 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW CHRISTINA WALDEN, :DOCKET NO. 10-2127 CIVIL TERM Defendant NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: Christina Walden 11 Tiptop Circle Carlisle, PA 17015 DATE OF NOTICE: May 3, 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 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 717-238-6807 REMIT Mailed to: Christina Walden Laurind c er, Esquire 11 Tiptop Circle 570-387-1 3 Carlisle, PA 17015 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW CHRISTINA WALDEN, :DOCKET NO. 10-2127 CIVIL TERM Defendant AFFIDAVIT OF NON-MILITARY SERVICE The Defendant is not now in the Military Service, as defined in the Soldier's and Sailor's Civil Relief Act of 1940 with amendments, not has been in such service within thirty days hereof. Dated this`~day~of. ~ ~l~~~ ,,010 Lauririda J. Voelck~, E~~uire Attorney For Rem Corporation 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 `'' ~'~y.. ~ Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 May-13-2010 09:15:12 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service A enc g Y WALDEN CHRISTINA 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). ~ ~y-~-- 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 httn://www.defenselink.mil/faq/nis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA 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. httns://www.dmdc.osd.mil/anni/scra/nonrenort do 05/13/2010 Request for Military Status Page 2 of 2 More information on "Active Dury 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:RPV3T28Q60 ~ htt»s'//www_dmdc_~sd.mil/anni/scra/nonrenort.do 05/13/2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW CHRISTINA WALDEN, :DOCKET NO. 10-2127 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: Christina Walden 11 Tiptop Circle Carlisle, PA 17015 Respectfully submitted, ~~~ Laurinda J. V~6elcker, Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Telephone: (570) 387-1873 Fax: (570) 387-6474 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2127 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due REMIT CORPORATION Plaintiff (s) From CHRISTINA WALDEN AT 11 TIPTOP CIRCLE, CARLISLE, PA 17015 (1) You are directed to levy upon the property of the defendant (s)and to sell DEFENDANT'S PERSONAL PROPERTY OF VALUE, (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: 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 $8,211.24 Interest FROM 5/20/2010 -- 5499.42 Atty's Comm % Atty Paid $165.90 Plaintiff Paid Date: 6/8/11 (Seal) L. L. $.50 Due Prothy $2.00 Other Costs David D. Buell, Prothonotary 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 N VS. :CIVIL-LAW ' 1.71 C- 7-7 J-q CHRISTINA WALDEN, DOCKET NO. 10-2127 Defendant ?-? PRAECIPE FOR WRIT OF EXECUTION `y'am' Personal Property Levy To the Prothonotary: Issue writ of execution in the above matter, (1) directed to the Sheriff of Cumberland County; (2) against CHRISTINA WALDEN, 11 Tiptop Circle, Carlisle, PA 17015, defendant, (3) against N/A, garnishee; (4) and enter this writ to levy on the Defendant's personal property of value, in the judgment index a. against CHRISTINA WALDEN, defendant, and b. against N/A, as garnishee, as a lis pendens against real property of the defendant in name of garnishee(s) as follows: N/A (5) Amount Due: Interest from 5/20/2010 Other: Credits: Costs to be added: Clerks Fee: Sheriff: Total: 333 y6 9a- O U A /I/. 00 /?? 4?Mm?- eer !l 11 ? so /'d ,4tf? ?i 13 vitro ?0 $ 8,211.24 $ 499.42 $ 24.00 $ 150.00 $ 8,884.66 Dated s day of May, 2011 Laurinda J. V elcker, PA ID# 82706 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Telephone: 570-387-1873 Fax: 570-387-6474 lJ WRIT OF EXECUTION and/or ATTACHMENT f r COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due REMIT CORPORATION Plaintiff (s) From CHRISTINA WALDEN AT 11 TIPTOP CIRCLE, CARLISLE, PA 17015 (1) You are directed to levy upon the property of the defendant (s)and to sell DEFENDANT'S NO 10-2127 Civil CIVIL ACTION - LAW PERSONAL PROPERTY OF VALUE. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: 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 $8,211.24 L.L. $.50 Interest FROM 5/20/2010 -- $499.42 Atty's Comm % Arty Paid $165.90 Plaintiff Paid Due Prothy $2.00 Other Costs Date: 6/8/11 (Seal) REQUESTING PARTY: Name LAURINDA J. VOELCKER, ESQUIRE Address: 36 WEST MAIN STREET BLOOMSBURG, PA 17815 Attorney fir: PLAINTIFF Telephone: 570-387-1873 Supreme Court ID No. 82706 'r David D. Buell, Prothonotary By: - Deputy TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court Carlisle, Pa. -90 - This day of- MAZ - 20 /??? //???Pr'othonot rY r Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor t } a ,t r„t # °f [125 A14 = JM8E RLArCD is-OUWY DINSYLVA,= IA Remit Corporation Case Number vs. Christina Walden 2010-2127 SHERIFF'S RETURN OF SERVICE 06/15/2011 04:52 PM - Gerald Worthington, Deputy, being duly sworn according to law, states that on June 15, 2011 at 4:52 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, to wit: Christina Walden at 11 Tip Top Circle, Lower Frankford Township, Carlisle, PA 17015, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on 06-16-11. 01/23/2012 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: $68.73 January 23, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF 70 /y,;Z SHERIFF'S OFFICE OF CUMBERLAND COUNTY