Loading...
HomeMy WebLinkAbout10-49027 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. CIVIL-LAW MICHAEL A. FARLING AND : DOCKET NO. I - ??aa DAWN M. FARLING, Defendants ENTRY OF APPEARANCE ?i ri/ Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully submitted, Laurinda J. Voelck: Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 ? 17 C? ?lfV _ G?l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff n vs. MICHAEL A. FARLING AND DAWN M. FARLING, Defendants CIVIL-LAW DOCKET NO. NOTICE TO DEFENDANT TO THE DEFENDANT: _l ?l YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service 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 LAURINDA J. VOMX, ESQUIRE Attorney for Plaintiff ?9?./d !1/?l !/OI?CkY lei' /a00 7 01i ,,?t15-sqv IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. MICHAEL A. FARLING AND DAWN M. FARLING, Defendants 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, Michael A. Farling, resides at 909 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Defendant, Dawn M. Farling, resides at 613 W. Shady Lane, Enola, Cumberland County, Pennsylvania 17025. 4. Defendant Michael A. Farling is indebted to the Plaintiff in the amount of $13,091.94 for the two unpaid accounts as detailed below. 5. Defendant Dawn M. Farling is indebted to the Plaintiff in the amount of $12,188.30 for the unpaid automobile loan account as detailed below. AUTOMOBILE LOAN REMIT CORPORATION VS. MICHAEL FARLING AND DAWN M. FARLING 6. Defendants obtained a financial loan on or about April 29, 2006 from Americhoice Federal Credit Union in the amount of $15,724.05 to purchase a 2001 Volkswagon Golf GTI GLX automobile vin number 9BWPG61 J51404233 1. 7. On or about December 2, 2008, Remit Corporation purchased the account of Michael A. Farling and Dawn M. Farling 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. 8. Defendants defaulted on scheduled payments and the account was charged-off on or about February 20, 2008. 9. The automobile was repossessed and sold. After credits from the sale as well as Defendants payments, the remaining balance owed was $10,093.25. A copy of the relevant document for this transaction is attached hereto, incorporated herein and referred to hereafter as Exhibit B. 10. To date the remaining charge-off balance is $10,093.25 and $2,095.05 post-charge off interest that has accrued at 8.98% for a total of $12,188.30 which Plaintiff is seeking from both Defendants Michael A. Farling and Dawn M. Farling. VISA CREDIT CARD REMIT CORPORATION VS. MICHAEL A. FARLING 11. Defendant Michael A Farling obtained a Visa credit card on or about February 10, 2006, from AmeriChoice Federal Credit Union, (hereinafter "original creditor"), account number 4202 9000 0007 7510. 12. On or about December 2, 2008, Remit Corporation purchased the account of Michael A. Farling 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. 13. Defendant used the extended credit leaving an unpaid balance of $903.64 with interest continuing to accrue at 12.90% per annum. 14. Defendant defaulted on the payments due and the last payment on this account was made on or about March 2, 2006. 15. To date the charge-off balance is $675.16 and $228.48 post-charge off interest for a total of $903.64 which Plaintiff is seeking from Defendant Michael F. Farling. COUNT 1 BREACH OF EXPRESS CONTRACT 16. In consideration of the extension of credit provided by original creditor through the loan and credit card account, Defendants agreed to pay for all charges for purchases, fees and interest on these accounts. 17. The reasonable charges and expenses owing for the loan and credit card account, fees and interest is $12,188.30 for the loan and $13,091.94 for both the loan and credit card account. 18. Defendants accepted the extension of credit and utilized the loan and credit card account without complaint, objection or dispute as to services provided, the prices charged for the same or the costs incurred. 19. Defendant Michael A. Farling is indebted to the Plaintiff in the amount of $13,091.94. Defendant Dawn M. Farling is indebted to the Plaintiff in the amount of $12,188.30. Defendants have failed and refused to pay the aforesaid sum despite frequent demand to do so and the same is now due and owing. 20. Defendants failure to pay is a breach of the express written agreements between the Defendants and the original creditor. Pursuant to Pa.R.C.P. No. 1019(1), copies of these writings are attached hereto, incorporated herein and referred to hereafter as Exhibits C, D, and E. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant Michael A. Farling in the amount of $13,091.94 and Defendant Dawn M. Farling in the amount of $12,188.30 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 21. The preceding paragraphs are incorporated herein by reference and made a part thereof as if fully set forth herein. 22. 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. 23. 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 Defendants use of this credit. 24. Defendants used the loan and credit card account to purchase items, and they received the same to their benefit. 25. The total reasonable value of the Defendant Michal A. Farling use of the credit extended by original creditor is $13,091.94. The total reasonable value of the Defendant Dawn M. Farling use of the credit extended by original creditor is $12,188.30. 26. In breach of the implied contracts, Defendants have failed and refused to pay the outstanding sum for the loan and credit card account and the same is now due and owing. 27. The Defendants have failed and refused to pay the aforementioned sum despite frequent demand to do so. 28. By virtue of Plaintiffs purchase of this account and the assignment of all rights to the Plaintiff, Defendants Michael A. Farling is indebted to the Plaintiff in the amount of r $13,091.94. Defendant Dawn M. Farling is indebted to the Plaintiff in the amount of $12,188.30. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant Michael A. Farling in the amount of $13,091.94 and Defendant Dawn M. Farling in the amount of $12,188.30 together with interest, costs, attorney fees and such further and additional relief as this Honorable Court deems just and equitable. COUNT III QUANTUM MERUIT/UNJUST ENRICHMENT 29. The preceding paragraphs are incorporated herein by reference and made a part thereof as if fully set forth herein. 30. 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. 31. The credit extended by original creditor benefited the Defendants. 32. The Defendants will be unjustly enriched if they are allowed to retain the benefit resulting from their use of the loans and credit card account provided by original creditor without having to make reasonable payment for the value of the benefits received. 33. 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 loans and credit card account. 34. The reasonable value of the Defendant Michael A. Farling use of the loan and credit card account including purchases, fees and interest is $13,091.94. The reasonable value of the Defendant Dawn M. Farling use of the loan account including purchase, fees and interest is $12,188.30. 35. By virtue of the Plaintiffs purchase of this account along with the assignment of all relevant rights thereto, Plaintiff, Remit Corporation is entitled to $12,188.30 from Michael A. Farling and Dawn A. Farling and additional $903.64 from Michael A. Farling 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 Defendant Michael A. Farling in the amount of $13,091.94 and Defendant Dawn M. Farling in the amount of $12,188.30 together with interest, costs, attorney fees and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, Laurinda J. Voe!Aer, 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 B ' G?l? fir/ Y' JAMES A GLA LTER EXHIBIT 10 of 11 pPAmeriChoice F E D E R A L C R E D I T U N I O N Building Relationships For Life February 15, 2008 Michael Farling 613 W Shady Lane Enola, PA 17025 RE: 38792-31 2001 VW Golf GTI Mr. Farling, Please be advised that we received 0 bid(s) on your 2001 VW Golf. As of 1/31/08, we have sold the vehicle for $3,878.00. After applying the proceeds received from this sale, the balance owed to the Credit Union is $10,093.25. The breakdown is as follows: Principal Balance Owed (1-31-08) $ 13,941.75 Cost of Repossession of Vehicle $ 0.00 Interest (01-31-08) $ 224.32 Cost of Penn DOT Title Work $ 35.22 Cost to clean & repair $ 0.00 Add in Paper $ 0.00 Total after Expenses Incurred $ 13,976.97 Proceeds from Sale $ 3,878.00 Funds in shares applied to loan balance $ 5.72 Gap insurance reimbursement $ 0.00 Warranty insurance reimbursement $ 0.00 Insurance payment $ 0.00 Final Total Deficiency Balance through 1/17/08 $ 10,093.25* The Credit Union demands repayment of the deficiency balance of $ $10,093.25 on or before 3/03/08. 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, Corey Groff *plus Dailey interest EXHIBIT L Silver Spring Commons Office: 20 Sporting Green Drive • Mechanicsburg, PA 17050 • Phone: (717) 591-9690 • Fax: (717) 591-969 _ Website: www.americhoice.org ilk _NCUA F.E," LENDER LENDER CRE•;17 '`1 UNIONS' AmeriOoice 20 Sporting Green Drive Mechanicsburg, PA 17050 FEDERAL CREDIT uNIoN 717-697-3474 Building Relationships For Life 800-240-4364 LOAN AND SECURITY AGREEMENTS AND DISCLOSURE STATEMENT LVM14 LJMIt LOAN NUMBER ACCOUNT NUMBER GROUP POLICY NUMBER MATURITY DATE ISURRE)WER 7 R R 2 NAME AND ADDRESS NAME (AND ADDRESS IF DIFFERENT FROM BORROWER 1) FARLING, MIKE A FARLING, DAWN M 613 WEST SHADY LANE 613 W SHADY LANE ENOLA, PA 17025 ENOLA, PA 17025 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 S your behalf. all payments as scheduled. 8 . 980 % S 3, 931. 94e $ 15, 724.05 $ 20, 524 .57e which includes your downpayment of $ Your Payment Schedule Will Be: Prepayment: If you pay off early you will not have to Number of Payments Amount of Payments When Payments re ue 59 342 08 BEGINNIN ? A pay a penalty. . G 05 1 6, $ MONTHLY THEREAFTER. Required Deposit: The Annual Percentage Rate does 1 $ 341.85 04/30/11 not take into account your required deposit, if any. Property Insurance: You may obtain property insurance from anyone you y 0 Assumption: Someone buying your mobile home want that is acceptable to the credit union. If you get the insurance from us, cannot assume the remainder of the loan on the original terms. you will pays Demand: This obligation has a demand f t Late Charge: ea ure. B AII disclosures are based on an assumed maturity of one year. If any portion of your payment is more than 15 days late ou will incur $15 00 l Fili , y a . ate fee. ng Fees Non-Filing Insurance a 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 VOLKSWAGON GOLF GTI GLX 2001 9BWPG61J514042331 CPE $ 11,565.00 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. SIGNATURES CAUTION: IT IS IMPORTANT THAT YOU THOROUGHLY READ THE AGREEMENT BEFORE YOU SIGN IT. By si ningg as Borrower you agree to the terms of the Loan Agreement. If property is described in the "Security" section of the I ruth 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. (sEA104 29 06 BORROWER 2 DATE x (SEAL) OTHER BORROWER OWNER OF PROPERTY ? WITNESS DATE EXHIBIT I i CUNA MUTUAL GROUP, 1999, 2000, ALL RIGHTS RESERVED r.ivvn)1 11 ....1 n-r- Credit Union AMERICHOICE FEDERAL CREDIT UNION Loan No. 16098 Acct. No. 39792-31 Borrower(s) MIKE A FARLING DAWN M FARLING ITEMIZATION OF TIO:X10,01UNT FINANCED Itemization of Amount Financed of Amount Given to You Directly Amount Paid on Your Account Prepaid Finance Charge $ 16,592.63 $ $ $ Amounts Paid to Others on Your Behalf: (If an amount is marked with an asterisk (•) we will be retaining a portion of the amount.) g 15,685.57 To NBT ]SANK j 5.00 To COMMONWEALTH OF PENN $ 33.48 To 35504-31 PAYOFF $ To $ To To $ To $ To 868.58 To INSURANCE $ To $ To LOAN AGREEMENT in tnls 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 $ 15,724.05 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 8.980 % per year. Collection Costs: You agree to pay all costs of collecting the amount you owe under this Agreement, including reasonable attorney fees not in excess of 15% of the unpaid debt and all court costs. 2. PAYMENTS - You promise to make payments of the before the date it is due. You will be in default if ou break mount and at the time shown in the Truth in Lending any promise you made in connection with this roan or if Disclosure. You me prepay any amount without penaty. ff anyone is in def ult nder any security agreement made in ou prepay any pa of what ou owe, you are stll required connectiogn with tt is ?greement. You will Be in default if you Yo make the regular y schedureed payments, unl ss we have die, file for bankruptcy, become insolven (that is unable to agreed, to a change in the payment schedule. Because this pay your bills and loans as they become nue , or if you made is a pimple inte est loan, if y u do not makQ payments any false or misleading statements in your loan application. exactly as scheduled, your final payment may be more or Yop will also be in clef ult if something happens that we I ss than the amoont of the final payrnent that is disclosed. believe may eenously of , t your ability, to r pa what you I you elect credit insurance, we will either me ude the owe under this Agreement or if you are in de ault under any premium in your payments or extend the term, of your loan. Qther I an a reement 1ou have with us. the term is extended you will Lie required to Mat 6. ACIONAFTER DEFAULT - When you are in default, we additional payments of the schedule amount, until w at m y demand immediate payment o the entire unpaid you owe has been paid. You promise o make all payments ba?ance under this Agreement. You waive any right you have to the. place a choos If this I an refinances another loa to receive demand for payment, notice of intento demand w have wilt you, As other loan will be canceled and immediate ayment and notice of demand for immediate refin d Qf the d t of his I an. payment. I? we demand immediate payment, you will 3. L6a? P &CEE IS 17 MAJL - It the proceeds of this loan ontinue 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 loan ce aL iled to ou. also apply against what you owe any shares and/or deposits 4. SECut$ir$l Lba" -This Agreement is secured byy all given as security under this A reement. We may also roparty described i the "Security," section of the lruth in ?xercise any other rights given Ry law when you are in Lending Disclosure. Property securing other loans you have of I . with- us also secures Phis loan- unass the nrnnarty is a VAU PERSON RESP )an. it c you are w ive ends in with us to satisfy that obli we may exercise this rihi ?We have a federal chartei Federal Credit Union.") /f sxce tin Ohio end Rhode on tie shares and dividenc interest in all individual and and may exercise our righ permitted by state law. 0 ove does not include thi Rove borrowers: You plel shares and dividends and, 11 all joint and individual.. accl union now and in the uture led a will allow us to app Lo va at you owe when ( lien and your pledge dyo Retirement Account or any special tax treatment under nes a twerp) charter: Statutory on a financial obligation to us, t to apply the balance of shares is and 'o'pt accounts you Pays lation. Aflter you are in defauYt, v .yithout further notice to you. IT our name includes th term :redit Union hes a state cher?r s/snd• We have a statutory lie s ana, We any, the deposits ands joint accounts you have with us nder the lien to the a tent ?e ave a state charter iii our term "Federal CrIt Union. "I ge as security for t is loan al an?r, all deposits and interest in ur?#s you (Pave ith th credit y the jundsoin your account(s) u are in ddefault. The statutory not apply to any Individual other ac o nt that oyld lose state or a 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 ONSIBLE - Each person who signs sement will be individually and jointlY responsible for he entire amount owed under this Agreement. This Ive can enforce our rights against any one of you 111 r gg nst all of you together. • WA r 3 - If you are late in making a payment, you to pay the late charge shown in the Truth in Lending re.-If no late charge is shown, you will not be an o`# our wi out lo: enforce t one 12. ' RIGHTS - We can delay enforcing is Agreement any number of times to exercise our rights later. We can it against your heirs or legal :TIVENESS - If any part of this by a court to be unenforceable, the will be sent to you at the most given us in writing. Notice to any to all. NYYm1 11 ecco, 11o4n Credit LMion AMERICHOICE FEDERAL CREDIT UNION Borrower(s) MIKE A FARLING Loan No. DAWN M FARLING 16098 Acct. No. 3879231 In this Agreement all references to "credit union," "we," "our" o "us" mean the credit union whose name appears on this document and anyone to whom the credit union assigns or transfers this Agreement. All references to the "Loan" mean the loan described in the Loan Agreement that is part of this document. All reference to "you," or "your" mean any person who signs this Agreement. 1. THE SECURITY FOR THE LOAN - You give us what is known a as a security interest in the property described in the "Security" section of the Truth in Lending Disclosure that is part of thi this document ("the Property"). The security interest you give include all accessions. Accessions are things which are attached to 0 or installed in the Property now or in the future. The security interest also includes any replacements for the Property which you buy within 10 days of the Loan and any extensions, renewals or refinancings of the Loan. It also includes any money you receive from selling the Property or from insurance you have on the Property. If the value of the Property declines, you promise to give us more property as security if asked to do so. 2. WHAT THE SECURITY INTEREST COVERS - The Property secures the Loan and any extensions, renewals or refinancings of the Loan. If the Property is not a dwelling, it also secures any other loans, including any credit card loan, you have now or receive in the future from us and any other amounts you owe us for any reason now or in the future, except any loan secured by your principal residence. If the Property is household goods as defined by the Federal Trade Commission Credit Practices Rule or your principal residence, the Property will secure only this Loan and not other loans or amounts you owe us. 3. OWNERSHIP OF THE PROPERTY - You promise that you own the Property or, if this Loan is to buy the Property, you promise you will use the Loan proceeds for that purpose. You promise that no one else has any interest in or claim against the Property that you have not already told us about. You promise not to sell or lease the Property or to use it as security for a loan with another creditor until the Loan is repaid. You promise you will allow no other security interest or lien to attach to the Property either by your actions or by operation of law. 4. PROTECTING THE SECURITY INTEREST - If your state issues a title for the Property, you promise to have our security interest shown on the title. We may have to file what is called a financing statement to protect our security interest from the claims of others. If asked to do so, you promise to sign a financing statement. You promise to do whatever else we think is necessary to protect our security interest in the Property. You also promise to pay all costs, including but not limited to any attorney fees, we incur in protecting our security interest and rights in the Property, to the extent permitted by applicable law. 5. USE OF PROPERTY - Until the Loan has been paid off, you promise you will: (1) Use the Property carefully and keep it in good repair. (2) Obtain our written permission before making major changes to the Property or changing the address where the Property is kept. (3) Inform us in writing before changing your address. (4) Allow us to inspect the Property. (5) Promptly notify us if the Property is damaged, stolen or abused. (6) Not use the Property for any unlawful purpose. 6. PROPERTY INSURANCE, TAXES AND FEES - You promise to pay all taxes and fees (like registration fees) due on the Property and to keep the Property insured against loss and damage. The amount and coverage of the property insurance must be acceptable to us. You may provide the property insurance through a policy you already have, or through a policy you get and pay for. You promise to make the insurance policy payable to us and to deliver the policy or proof of coverage to us if asked to do so. If you cancel your insurance and get a refund, we have a right to the refund. If the Property is lost or damaged, we can use the insurance settlement to repair the Property or apply it towards what you owe. You authorize us to endorse any draft or check which may be payable to you in order for us to collect any refund or benefits due under your insurance policy. If you do not pay the taxes or fees on the Property when due or keep it insured, we may pay these obligations, but we are not required to do so. Any money we spend for taxes, fees or insurance will be added to the unpaid balance of the Loan and you will pay interest on those amounts at the same rate you agreed to pay on the Loan. We may receive payments in connection with the insurance from a company which provides the insurance. We may monitor our loans for the purpose of determining whether you and other borrowers have complied with the insurance requirements of our loan agreements or may engage others to do so. The insurance charge added to the Loan may include (1) the insurance company's payments to us and (2) the cost of determining compliance with A CUNA MUTUAL GROUP, 1999, 2000, ALL RIGHTS RESERVED r the insurance requirements. If we add amounts for taxes, fees or insurance to the unpaid balance of the Loan, we may increase your payments to pay the amount added within the term of the insurance or term of the Loan. s 7. INSURANCE NOTICE - If you do not purchase the required property insurance, the insurance we may purchase and charge you for will cover only our interest in the Property. The insurance will not be liability insurance and will not satisfy any state financial responsibility or no fault laws. s S. DEFAULT - You will be in default if you break any promise you make or fail to perform any obligation you have under this Agreement. You will also be in default under this Agreement if the Loan is in default. 9. WHAT HAPPENS IF YOU ARE IN DEFAULT - When you are in default, we may demand immediate payment of the outstanding balance of the Loan without giving you advance notice and take possession of the Property. You agree the Credit Union has the right to take possession of the Property without judicial process if this can be done without breach of the peace. If we ask, you promise to deliver the Property at a time and place we choose. We will not be responsible for any other property not covered by this Agreement that you leave inside the Property or that is attached to the Property. We will try to return that property to you or make it available to you to claim. After we have possession of the Property, we can sell it and apply the money to any amounts you owe us. We will give you notice of any public sale or the date after which a private sale will be held. Our expenses for taking possession of and selling the Property will be deducted from the money received from the sale. Those costs may include the cost of storing the Property, preparing it for sale and attorney's fees to the extent permitted under state law or awarded under the Bankruptcy Code. The rest of the sale money will be applied to what you owe under the Loan. If you have agreed to pay the Loan, you will also have to pay any amount that remains unpaid after the sale money has been applied to the unpaid balance of the Loan and to what you owe under this Agreement. You agree to pay interest on that amount at the same rate as the Loan until that amount has been paid. 10. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE LOAN - We can delay enforcing any of our rights under this Agreement any number of times without losing the ability to exercise our rights later. We can enforce this Agreement against your heirs or legal representatives. If we change the terms of the Loan, you agree that this. Agreement will remain in effect. 11. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect. 12. NORTH DAKOTA NOTICE TO BORROWERS PURCHASING A MOTOR VEHICLE - The motor vehicle in this transaction may be subject to repossession. If it is repossessed and sold to someone else, and all amounts due to the secured party are not received in that sale, you may have to pay the difference. 13. NOTICE FOR ARIZONA OWNERS OF PROPERTY - It is unlawful for you to fail to return a motor vehicle that is subject to a security interest, within thirty days after you have received notice of default. The notice will be mailed to the address you gave us. It is your responsibility to notify us if your address changes. The maximum penalty for unlawful failure to return a motor vehicle is one year in prison and/or a fine of $150,000.00. O The IoMotyft notice applies ONLY when the box at left /s marked. 14. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 15. OTHER PROVISIONS - NXX091 I] ACFAI 97nan ,FEDERAL CREDIT UNION Building Relationships For Life CREDIT INSURANCE 20 Sporting Green Drive Mechanicsburg, PA 17050 717-697-3474 800-240-4364 You can protect your financial future by signing up for voluntary credit insurance below. Enroll by simply indicating your preference in the "Credit Insurance Application" section below. Your credit union will be happy to explain the various insurance options and coverage. The cost is reasonable. CUM MUTUAL GROUP P.O. Box 391.5910 Mineral Point Road Madison, WI 53701-0391 CREDIT INSURANCE APPLICATION & SCHEDULE CUNAMutual lnsuranceSociety Phone: 600/937-2644 "You" or "Your" means the member. DO NOT SIGN THIS APPLICATION IF IT CONTAINS ANY Credit insurance is voluntary and not required in order to BLANK SPACES. This application is void and will not be obtain this loan. You may select any insurer of your choice. used in a contest if all blank spaces have not been You are applying to the Society for credit insurance on your completed, if the member has not signed and dated the loan. You agree to pay the premium charges shown. The Application, and If the Application has not been witnessed. rate for this coverage is subject to change. You will be notified in advance before a rate increase is put into effect. NOTE: The Insurance you're applying for contains certain terms and exclusions; Refer to your certificate for coverage details. MEMBER MIKE A FARLING MEMBER'S DATE OF BIRTH 11/02/85 ACCT NO. 38792 - 4l -V VV ?V ??n DAWN M FARLING JOINT INSURED'S DATE OF BIRTH ACCT NO. GROUP POLICY SECONDARY BENEFICIARY (IF YOU DESIRE TO NAME ONE) RATE OF INTEREST USED ON THIS LOAN MONTHLY PAYMENT/BENEFIT 037-1848-3 8.980% $ 342 08 EFFECTIVE DATE OF CERTIFICATE 04/29/06 EXPIRATION DATE OF CERTIFICATE 04/30/11 TERM OF CERTIFICATE IN MONTHS 60 . INITIAL AMOUNT OF LOAN INSURED CD CL CD CL CD$ 15, 724.05CL$15,724.05 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 868.58e ARE YOU UNDER AGE65 7 MAXIMUM AGE FOR INSURANCE NoNE XX On this date, are you presently actively at work and regularl y performing all of the usual duties of a gainful occupation a minimum of 25 hours a week? If No, why not? T/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 th 14 ys, then the disabili benefit will day of disability. X SIGNA E BER sure to check one of the boxes above.) Date X WIT Date APP. 860-1 187PA YES NO COVERAGE SELECTED PREMIUM SCHEDULE SINGLE CREDIT LIFE e XX JOINT CREDIT LIFE e ARE YOU UNDER AGE 65l MAXIMUM AGE FOR INSURANCE NONE MAXIMUM AMOUNT OF LOAN INSURABLE Under CL/CD the maximum eligibility age for >f 50,000.00 coverage is 65 with no maximum termination date. X SIGN AT MEMBE Be sure to check one of the boxes above.) Date SIG A J N SUR ME Date ( 0 r J Credit rape is sektctW) X WITNESS Date X APP. 850-1 187PA IPA301 (LASER) AmeriChoice FEDERAL CREDIT UNION Building Relationships For Life NOTICE TO COSIGNER You are being asked to guarantee this debt. Think carefully before you do. If the borrower does not pay this debt, you will have to. Be sure that you can pay if you have to and that you want to accept this responsibility. You may have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay late fees or collection costs, which would increase this amount. The creditor can collect this debt from you without first trying to collect from the borrower. The creditor can use the same collection methods against you that can be used against the borrower such as suing you, garnishing your wages, etc. If this debt is ever in default, that fact may become part of your credit record. This contract is not the contract that makes you liable for the debt. C -Signer's Signature Co-Signers' Name Principal Borrower: Account Number: Date of Loan: Amount of Loan: DAWN M. FARLING MICHAEL A. FARLING 38792-31 04-28-06 15 724.05 AmeriChoice FCU 20 Sporting Green Drive Mechanicsburg, PA 17050 AMERICHOICE FEDERAL CREDIT UNION A table that includes the APRs and 20 Sporting Green Drive o other required cost disclosures for ` n3 Mechanicsburg, PA 17050 eLSN C credit card applications is on the re- - 795 0249 ? C? verse side of this application. CREDIT CARD APPLICATION - - -- - P,?a? ^r r??arr. aa?uun nuvut yuulseu anD me umer Becton about your spouse if: (1) you live in or the property pledged as collateral is located in a community property state (AK, , CA, ID, LA, NM, NV, TX, WA, WI); (2) your spouse will use the account, or (3) you are relying on your spouse's income as a basis for repayment. If you are relying on income from alimony, child support, or separate maintenance, complete the Other section to the extent possible about the person on whose payments you are relying. O Joint Credit: Each applicant must individually complete the appropriate section below. If Co-Borrower is spouse of the applicant, mark the Co-Applicant box. D Guarantor: Comnlete the Other seCtinn if vnu nra 7 mmranfnr ?., NAME (Last - First - Initial) r Fart, - MOTHER'S MAIDEN NAME NAME (Last - First - Initial) MOTHER'S MAIDEN NAME ACCOUNT NUMBER "7Q S1 1 L SECURITY NUMBER ACCOUNT NUMBER SOCIAL SECURITY NUMBER DRIVER'S LICENSE NUMBER / STATE DRIVER'S LICENSE NUMBER / STATE BIRTH DATE NOME PHONE WORK PHONE/ EXT BIRTH DATE HOME PHONE WORK PHONE/ EXT. E-MAILADDRESS E-MAILADDRESS PRESENT ADDRESS (Street - Cit S Z y - tate - ip) ? OWN ? RENT YEARS AT THIS ADD SE ADD at- - ip) []OWN ? RENT YEARS AT THIS ADDRE PREVIOUS ADDRESS (Street -Cit Zi -St t SS y a e - p) RENT YE T IS R SS PR IOUs ADDRESS (Street - City -State -Zip) ? OWN ? RENT YEARS AT THIS MORTGAGElRENT OWED TO ADDRESS MORTGAGE/RENT OWED TO'. MORTGAGE BALANCE MONTHL COMPLETE FOR JOINT CREDIT SE Y M CURED CREDIT OR IF YOU I NO. OF DEPENDENT BAGE MORTGAGE BALANCE MONTHLY PAYMENT NO. OF DEPENDENTS& AGE . L VE IN A COMMU RO R ST MARRIED SEPARATED UNMARRIED Sin le -Divorced -Widow COMPLETE FOR JOINT CREDIT SECURED CREDIT OR IF YOU LIVE IN A COMMUNITY PROPERTY STATE. MARRIED SEPAR T EMPlOy111af binCOM NAME AND A ED UNMARRIED (Single - Divorced - Widowed) ADDRESS OF EMPLOYER Employment4noome NAME AND ADDRESS OF EMPLOYER START DATE POSITION NOTICE: ALIMONY, CHILD SUPPORT, OR SEPARATE MAINTENANCE IN OME NEED NOT BE REVEALED IF YOU D NOT CHOOSE T HAVE IT CONSIDERED . START DATE POSITION NOTICE: ALIMONY. CHILD SUPPORT. OR SEPARATE MAINTENANCE INCOME NEED NOT BE REVEALED IF EMPLOYMENT INCOME OTHER YOU DO NOT CHOOSE TO HAVE IT CONSIDERED. INCOME $ PER ---- - $ _------------------PER -__.------------ []NET []GROSS SOURCE EMPLOYMENT INCOME OTHER INCOME --- -----------PER __. --.---- $ $ PER -- []NET []GROSS NAME AND ADDRESS OF PREVIOUS EMPLOYER T SOURCE S ART DATE/END DATE NAME AND ADDRESS OF PREVIOUS EMPLOYER START DATE/END DATE DgXWf<Account MOM & At ount N C utnber VALUE Cnditor N @rw & Ao Mnt NUN bar BALANCE MONTHLY PAYMENT CHECKING $ TAUTO DITOR $ $ OtherAaaets DITOR $ $ OTHER PROPERTY $ DITOR $ $ OTHER $ $ $ AUTO MAKE YEAR ER $ $ fltf!Nr 11N?1faNtalt AtbW YOU IF YOU ANSWER "YES" TO ANY QUESTION OTHER THAN +r1, EXPLAIN ON AN ATTACHED SHEET. AP 1. ARE YOU A U.S. CITIZEN OR PERMANENT RESIDENT ALIEN? YE 2. DO YOU CURRENTLY HAVE ANY OUTSTANDING JUDGMENTS OR HAVE YOU EVER FILED FOR BANKRUPTCY, HAD A DEBT ADJUSTMENT PLAN CONFIRMED UNDER CHAPTER 13, HAD PROPERTY FORECLOSED UPON OR REPOSSESSED IN THE LAST 7 YEARS, OR BEEN A PARTY IN A LAWSUIT? 3. ARE YOU A CO-MAKER. CO-SIGNER OR GUARANTOR ON ANY LOAN NOT LISTED ABOVE? FOR WHOM (Name of Others Obligated on Loan): TO WHOM (Name of Creditor): Pe?fOnM' RSIW" RELATIONSHIP: NAME AND ADDRESS OF NEAREST RELATIVE NOT LIVING WITH YOU: Sfbatr Law NO#0 OHIO RESIDENTS ONLY: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law. WISCONSIN RESIDENTS ONLY: (1) No provision of any marital property agreement, unilateral statement under Section 766.59, or court decree under Section 766.70 will adversely affect the rights of the Credit Union unless the Credit Union is furnished a copy You promise that everything you have stated in this application is correct to the best of your knowledge. If there are any important changes you will notify us in writing immediately. You authorize the Credit Union to obtain credit reports in connection with this application for credit and for any update, increase, renewal, extension, or collection of the credit received. YoJadoI that the Credit Union will rely on the information in this application and your crmake its decision. If you request, the Credit Union will tell you the name anany credit bureau from which it received a credit report on you. It is a federaf lly and deliberately provide incomplete or incorrect information an applfe?eral credit unions or state charter Ions insured I USE ONLY p o cREorrco © CUNA MUTUAL GROUP, 1995, 2003, ALL RIGHTS RESERVED TO ORDER: 1-800-356-5012 V C3 hnrpovEa fro. culos CPIEDIT IJMT t HOME PHONE: of the agreement, statement or decree, or has actual knowledge of its terms, before the credit is granted or the account is opened. (2) Please sign if you are not applying for this account or loan with your spouse. The credit being applied for, if granted, will be incurred in the interest of the marriage or family of the undersigned. X SIGNATURE FOR WISCONSIN RESIDENTS ONLY DATE by NCUA. You understand that the use of your card will constitute acknowledgment of receipt and agreement to the terms of the credit card agreement. A condition of your account Is your granting us a security interest in your share accounts. By signing below you grant us a security interest in all individual and joint share and/or deposit accounts you have with us now and in the future to secure your credit card account. Shares and deposits In an Individual Retirement Account and any other account that would lose special tax treatment under state or federal law if given as security are not subject to this security Interest. When you are in default we may apply the balance in these accounts to any amounts due under the credit card agreement. a SIGNATURE EXHIBIT CPAUXT CARD DETACH AND RETURN THIS APPLICATION TO YOUR CR AineriChOiCe 20 Sporting Green Drive Mechanicsburg, PA 17050 FIDIRAL CREDIT UNION 717-697-3474 Building Relationships For Life 800-240-4364 Married Application Applicants: May apply or a separate account. Individual Credit: You must complete the Applicant section about yourself and the Other section about your spouse if: 1. you live in or the property pledged as collateral is located in a community property state (AK, AZ, CA, ID, LA, NM, NV, TX, WA, WI), 2. your spouse will use the account, or 3. you are relying on your spouse's income as a basis for repayment. If you are relying on income from alimony, child support, or separate maintenance, complete the Other section to the extent possible about the person on whose payments you are relying. Joint Credit: If you are applying with another person, complete the Applicant and Other sections. Guarantor: Complete the Other section if you are a guarantor on an account/loan. LOANLINER Account/Loan: NT /Including ATM/Debit Card Access W the Account if Available) Amount Requested $ 500.00 1 3 a '1 33q Purpose/Collateral: VISA CLASSIC Repayment: CASH PAYMENT PROTECTION NO NO NO CANT FARLING, MICHAEL A -19 11/02/85 (717)909-7301 (717)691-2000 PRESENT ADORE 613 WEST SHADY LANE LENGTH AT R N E ENOLA, PA 17025 _ G YRS PROPERTY STATE: MARITAL STATUS: UNMARRIED EMPLOYMFNT/INCOME PER 1,100.00 MONTHLY CARLISLE PIKE MECHANICSBURG, DETAIL / RECON I (-01-30-06--,+-?, 40- REVEALED IF YOU DO NOT CHOOSE TO HAVE IT CONSIDERED. INCOME $ PER SOURCE $ PER SOURCE S PER SOURCE $ PER SOURCE SINGLE CREDIT DISABILITY SINGLE CREDIT LIFE JOINT CREDIT LIFE ENDING/SEPARATION DATE FIVE YEARS 07-01-04 BOBBY RAHAL LEWIS CARLISLE PIKE ENDING DA E MECHANICSBURG, PA 17050 01-30-06 REFERENCE RELATIONSHIP AUNT NAME AND ADDRESS OF NEAREST RELATIVE NOT LIVING WITH YOU LINDA FARLEY HOME PHONE MARETTIA DR. (717) HARRISBURG, PA 17000 545-9780 O CUNA MUTUAL GROUP, 1980, 82, 84, 88, 89, 98, 2000, 2001 ALL RIGHTS RESERVED P OTHER YRS -- -- -- - -•• --••-• .,w..nw ..n?a,n v Ir ivU UVe IN A WNIMUNITY PROPERTY STATE: MARITAL STATUS: EMPLOYMENTANCOME 0 PER NAME AND REVEALED IF YOU DO OTHER INCOME III PEI' $ PER PER S o YEARS CHOOSE TO HAVE IT CONSIDERED. SOURCE SOURCE SOURCE SOURCE ENDING/SEPARATION DATE #ENCE _ I AND ADDRESS OF NEAREST RELATIVE NOT LIVING WITH YOU AXX023 ILASFRI WHAT YOU OWE CREDITOR NAME OTHER THAN THIS CREDIT UNION (Attach additional shest(s) If necessary) INTERE RATE PRESENT BALANCE MONTHLY PAYMENT APPLIC OTHER AMERICHOICE $ 4, 4 3 • a 0 MR s a a s a s s s s a s s a a $ 9 $ s a a a s a a a s LIST ANY NAMES UNDER WHICH YOUR CREDIT REFERENCES AND CREDIT HISTORY CAN BE CHECKED: TOTALS a 4 434.0 a 215.00 WHAT YOU OWN OAN ON FATHE UST LOCATION OF PROPERTY OR FINANCIAL INSTITUTION 7 VW GTI MARKET VALUE PLD FOR ANOTHER HE OAN COLLATERAL OWNED - APPLICANT By O OTHER a YES a s s a s a a ATUIn ,u?An???? I s _ ' ••' .• • rvV, r VW 1. ARE YOU A U.S. CITIZEN OR PERMANENT RESIDENT ALIEN? 2. DO YOU CURRENTLY HAVE ANY OUTSTANDING JUDGMENTS OR HAVE YOU EVER FILED FOR BANKRUPTCY, HAD A DEBT ADJUSTMENT PLAN I CONFIRMEn tlwnva CWADTCC I9 -......., 3. IS YOUR INCOME LIKELY TO DECLINE IN THE NEXT TWO YEARS? ? vV A bV-MAn[M, W-WUNEH OR GUARANTOR ON ANY LOAN NOT LISTED ABOVE? FOR WHOM (Name of Others Obligated on Loan): TO WHOM (Name of Creditor): STATE LAW NOTICES i OHIO RESIDENTS ONLY: The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers, and that credit reporting agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law. WISCONSIN RESIDENTS ONLY: (1) No provision of any marital property agreement, unilateral statement under Section 766.59, or court decree under Section 766.70 will adversely affect the rights of the Credit Union You promise that everything you have stated in this application is correct to the best of your knowledge and that the above information is a complete listing of what you owe. If there are any important changes you will notify us in writing immediately. You authorize the Credit Union to obtain credit reports in connection with this application for credit and for any update, increase, renewal, extension or collection of the credit x (sEA02 10 06 APPLICANT'S SIGNATURE DATE APPROVED DENIED (Adverse Action Notice Sent) OFFICER COMMENTS: APPLICANT OTHER YES NO unless the Credit Union is furnished a copy of the agreement, statement or decree, or has actual knowledge of its terms, before the credit is granted or the account is opened. (2) Please sign if you are not applying for this account or loan with your spouse. The credit being applied for, if granted, will be incurred in the interest of the marriage or family of the undersigned. SIGNATURE FOR WISCONSIN RESIDENTS ONLY (SEAU received. You understand that the Credit Union will rely on the information in this application and your credit report to make its decision. If you request, the Credit Union will tell you the name and address of any credit bureau from which it received a credit report on you. It is a federal crime to willfully and deliberately provide incomplete or incorrect information on loan applications made to federal credit unions or state chartered credit unions insured by NCUA. OTHER SIGNATURE FOR CREDIT UNION USE ONLY APPROVED SIGNATURE LINE OF CREDIT OTHER LIMITS: s a a X DATE PAGE 2 IF YOU ANSWER "YES" TO ANY QUESTION OTHER THAN #7, EXPLAIN ON AN ATTACHED SHEET DATE DATE OTHER DEBT RATIO/SCORE BEFORE AFTER AFTER I III DATE AXX023 (LASER) C'L?r 090L l `dd E)unGSOINdHO3W 3AIHa N3380 ON1180dS OZ NOW 110380 -Id83a33 301OHO183VYV 00 N T o y z 0 0 T T 0 ?C L W cc W m Q ? >, ` m a D rJ Q - - 3 a ) c 0 c 0 o N N c z z (J 5 T > Of N Q O 7 , U U O :3 O LL N Q c a u- o c O O . m ? I O V U- = o S U a V ? cli a ;. w. ? ?o -i v 'a (1) c C, ca N 0) c'a 0 a: U ct1 c t c0 LL L ?C O m .. U O rn E L- tlN O V ( O y U cc c0 d C +- ca .0 O a.y?•3Ec? U Co .. U N cc E C yg a?coma co 0 -a cts = CC= 0 CL cot s Cw CLE F-mow C y r U Q O t - O .s r CO 0 a? EXHIBIT E v F- r ° .a r m ca 9 .c o rn 0 (D w W c m t N N? L j F- "o N cc c.) 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. a /' ri<v w . " Harry A. ausser, III, RXhit Corporation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. : CIVIL-LAW MICHAEL A. FARLING AND DOCKET NO. DAWN M. FARLING, 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 -7 day of 2010 Laurinda J. Voelcker, Es ire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jun-21-2010 08:29:00 t First/Middle Begin Date Active Duty Status Active Duty End Date Name Agency Y FARLING MICHAEL Based on the information you have furnished, the DMDC does not possess A 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). 0141 )4. , 4 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.miUfaq/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:MPICNCVSA7 . Request for Military Status Department of Defense Manpower Data Center 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jun-21-2010 08:30:59 < Last N First/Middle Begin Date Active Duty Status Active Duty End Date Service ame Agency FARLING DAWN M 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). A 2 ut A 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/fM/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 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:I4IGRGDU5C '? httns_//www_dmdc.osd.mil/anni/scra/nonrenort.d0 06/21/2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. CIVIL-LAW MICHAEL A. FARLING AND DOCKET NO. DAWN M. FARLING, 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: Michael A. Farling 909 Old Silver Spring Road Mechanicsburg, PA 17055 Defendant: Dawn M. Farling 613 W. Shady Lane Enola, PA 17025 Respectfully submitted, Laurinda J. V cker, Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~$,~rstr a{ `utpbn~~ry~ ~. ~. -Q~€1CE ~~ ~-:-~ ~^~!~?TAAY Richard W Stewart Solicitor CsFt'i~EC TF~ES~ERIFF ~~~ Remit Corporation vs. Michael A. Farling (et al.) Case Number 2010-4902 SHERIFF'S RETURN OF SERVICE 08/02/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Dawn M. Farling, but was unable to locate her in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Dawn M. Farling. Deputies were advised, Dawn M. Farling is deceased. 08/27/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Michael A. Farling, but was unable to locate him in his bailiwick. He therefore returns the within Complaint and Notice as not found as to the defendant Michael A. Farling. Request for service at 909 Old Silver Spring Road, Mechanicsburg, PA 17055 the defendant was not found. A neighbor advised Deputies, Michael A. Farling was evicted from the premesis. To date The Mechanicsburg Postmaster does not have a good forwarding address for Michael A. Farling. SHERIFF COST: $76.50 SO ANSWERS, August 27, 2010 RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft. Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. MICHAEL A. FARLING AND DAWN M. FARLING, Defendants CIVIL-LAW DOCKET NO. 10-4902 CIVIL ` PRAECIPE TO REINSTATE COMPLAINT -< cn l=' ? .< -a C D TO THE PROTHONOTARY: ? d Please reinstate the Civil Complaint filed in the above matter. Respectfully Submitted, THE REMIT CORPO TION LA A J. VOELCKER, ESQUIRE Attorney ID 82706 Attorney for Plaintiff The Remit Corporation 36 W Main St PO Box 7 Bloomsburg, PA 17815 Telephone 570-387-1873 Fax 570-387-6474 O -$lo. oo Po ATt-'e11135171 0 aw g,51 SHERIFF'S OFFICE OF CUMBERLANDIUNTY OF' SIC. Ronny R Anderson T`L? Sheriff E' P ? t ? o `. Jody S Smith Chief Deputy Richard W Stewart Solicitor ?a,?rttp of ?u,rrt?,r???yt e 2011 AUG 16 AM 6: Q` PENNSYLW,, lf,"a Remit Corporation vs. Case Number Michael A. Farling (et al.) 20104902 SHERIFF'S RETURN OF SERVICE 08/08/2011 06:38 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on August 8, 2011 at 1838 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Michael A. Farling, by making known unto Rick Farling, Father of Defendant at 613 W. Shady Lane, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.00 August 11, 2011 DENN FRY, DEPU-P SO ANSWERS, RON R ANDERSON, SHERIFF (c) Courty&AO. Sheriff. ?eieosoit. Inc.