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HomeMy WebLinkAbout11-0245IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. :CIVIL-LAW WILLIAM H. HERSH JR., :DOCKET NO. ~~~ ~ " ~ 5 ~ ~' fi~~ N ~- C=J Defendant _ _ ~ ~~ '-"+ ry.. NOTICE TO DEFENDANT ~ 'ma'r=- ~~ ~~n -+c~ TO THE DEFENDANT: ' ' ~ ~ .~_ -~, - ~~ YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set foirthin they ~ following pages, you must take action within twenty (20) days after this Complaint a id~No~ice are served by entering a written appearance personally or by attorney and filing in wring 'e~th ...~ 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, 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 Cumberland County Bar Association 100 South Street, PO Box 186 2 Liberty Avenue Harrisburg, PA 17108 Carlisle, P,A 17013 800-692-7375 717-249-3166 717-238-6807 LAURINDA J. VO CKER, ESQUIRE Attorney for Plaintiff a v aa.~~ ~~ asp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. WILLIAM H. HERSH JR., Defendant CIVIL-LAW DOCKET NO. COMPLAINT The Plaintiff, Remit Corporation, by and through its attorney Laurinda J. Voelcker, Esquire, hereby files this Complaint of which the following is a statement: 1. The Plaintiff, the 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, William H. Hersh Jr., is an adult individual residing at 112 Hill Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Defendant obtained a GM Card MasterCard credit card on or about February 2, 2006, from HSBC Bank Nevada N.A., (hereinafter "original creditor"), Account number 5499 4410 0927 4427. 4. Remit Corporation purchased the account of William H. Hersh Jr. from National American Credit Corporation. A copy of the Bill of Sale is attached hereto and labeled as Exhibit A. 5. National American Credit Corporation purchased the account of William H. Hersh Jr. from HSBC Bank Nevada N.A. A copy of the Bill of Sale is attached hereto and labeled as Exhibit B. 6. Defendant used the extended credit leaving an unpaid balance at charge-off of $3,613.05. 7. Defendant defaulted on the payments due and the last payment on this account was on or about June 30, 2008. 8. No interest has been added to the account since it was charged-off. 9. To date the charge-off balance is $3,613.05. COUNTI BREACH OF EXPRESS CONTRACT 10. The above paragraphs are incorporated herein as though more fully set forth at length. 11. In consideration of the extension of credit provided by original creditor through a credit card, Defendant agreed to pay for all charges for purchases, balance transfers, cash advances, fees and interest on his account. 12. The reasonable charges and expenses owing for the credit card purchases, cash advances, balance transfers, fees and interest is $3,613.05. 13. Defendant accepted the extension of credit and utilized the credit card without complaint, objection or dispute as to credit services provided, the prices charged for the same or the costs incurred. 14. Defendant is indebted to the Plaintiff in the amount of $3,613.05. Defendant has failed and refused to pay the aforesaid sum despite frequent demand to do so and the same is now due and owing. 15. Defendant's failure to pay is a breach of the express written agreement between the Defendant and original creditor. Pursuant to Pa.R.C.P. No. 1019(1), a copy of this writing is attached hereto, incorporated herein and referred to hereafter as Exhibit C. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $3,613.05 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 16. The preceding pazagraphs are incorporated herein by reference and made a part thereof as if fully set forth herein. 17. It is averred, in the alternative, in the paragraphs set forth above, if an express contract between original creditor and Defendant did not exist, that a contract implied by fact or implied by law exists. 18. At all times relevant hereto, Defendant was aware that the original creditor was extending credit services to him and that the original creditor expected to be paid for the Defendant's use of this credit. 19. Defendant used the credit card to purchase items, and/or transfer balances, and/or obtain cash advances and he received the same to his benefit. 20. The total reasonable value of the Defendant's use of the credit extended by original creditor is $3,613.05. 21. In breach of the implied contract, Defendant has failed and refused to pay the outstanding sum for the credit cazd use and the same is now due and owing. 22. The Defendant has failed and refused to pay the aforementioned sum despite frequent demand to do so. 23. By virtue of Plaintiffl s purchase of this account and the assignment of all rights to the Plaintiff, Defendant is indebted to the Plaintiff in the amount of $3,613.05. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $3,613.05, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. COUNT III QUANTUM MERIUT/UNJUST ENRICHMENT 24. The preceding pazagraphs are incorporated herein by reference and made a part thereof as if fully set forth herein. 25. 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, cash advances, balance transfers, fees and interest. 26. The credit extended by original creditor benefited Defendant. 27. The Defendant will be unjustly enriched if he is allowed to retain the benefit resulting from his use of the credit card 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. 28. The original creditor was not a volunteer in providing the credit services set forth above and the Defendant understood that original creditor was entitled to compensation based upon his use of the credit card. 29. The reasonable value of the Defendant's use of the credit cazd including purchases, balances transfers, cash advances, fees and interest is $3,613.05. 30. 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 $3,613.05 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 $3,613.05, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, Laurinda J. Voelcker, E quire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 EXHIBIT A BILL OF SALE FOR VALUE RECEIVED, and pursuant to the terms and conditions of the purchase and sale agreement between National American Credit Corp. ("Seller") and Remit Corporation. ("Purchaser") (the "Agreement"), Seller does hereby sell, assign and rom~ey to Purchaser, its successors and assigns, all right, title and interest ufSeller in and to those certain accounts described below (the "Accounts"). This Bill of Sale is executed without recourse, warranty or representation of any kind, expressed or implied, including, without limitation, any warranty or representation as to the c:ollectability ufthe Accounts, except as specifically provided in the Agreement. Product/State Purchased- PA HSBC Executed this 16th day of November, 2009. SELLER By: Name: fY1a,~Q..\o ~,~,~ Title: C ~o EXHIBIT Rli.l_ nF SAI.F. HSBC CARD SERVICES (III) INC ("Seller"), fcx value ttceived and pursuant to the terms and conditions of the Receivables Punhase Agreement ("Agnement") dated August ~i, ?006 betwec;n Seller and National American Credit Corp., a Pr'nnsylvania Curpuratian ~"Purchaser"}, dues hereby sell, assign and convey to Purchaser, its successor and assigns, ali right, title and interest of Seller in surd to those certain purchased receivables listed un the Sale File dated December l9, 2007 without recourse and without representation of, ur warranty uf, collectibility, ur otherwise, except to the extent provided for within the Agreement. EXECL"I'ED this 30th day of January, 2008. fiSBC CARD SERVICES (III) lNC. 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E~~~~ ~~Y~t~ R~ E~, ~~~~~~' ~~~~~1l~ ER ~ ~~~~~ ~"~# ~1 .~ ~~~~~~~ ~~~~~a ~~~ ~~ ~ ~~~g~~ ;~~~~~f ~~~E. ~~~~~ ~R ~ E ~ ~I ~.~~~; ~~~~i ~~~~~ ~1 °~~~~~ ~~4~~ ~~ ~ ~°~gg~~ ~~~ ~~~~~~~ ~~1R ~ as ~ _ ~.~ E~~~ ~ ~ ~` ~~~~~~~ ~~ 1~~[~~ ~.~~ ~~~is~ ~~ r~~ 4 ~Q~~ ~~ ~i ~~~ g~ . ~~ R~~ ~F~ ~~ c ~~ ~~ ~~ ~T t~ ~~ g5 K ~ti~~ ~ F~ ~ E e g ~`'E~i ~ ~ i ~; _~ ~ ~ ~ CF' a ~ } ~~ ~ ~, :~ ~ Q ~ ~ ~_ r ~~'~~ ~ ~ a ~ ~~ ~~ ~ g~ ~1-~ T r ~ ~Cy' e't a R ~0. ~ ~~~ ~~ ~~ ~~ ~ ~ ~`c~ > ~ '~ ~- ~ r ~~~= _~~ ~~~~ . ~~4 ~~~• ~? y ~ ~ a ~ ~~ ~ - e ~ - c VERIFICATION The undersigned verifies that the statements made in the foregoing Complaint are true and correct based to the best of his/her knowledge, information and belief and understands the statements therein made are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. Harry A. trausser III President, Remit Corporation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. :CIVIL-LAW WILLIAM H. HERSH JR., :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, not has been in such service within thirty days hereof. Dated thi~0 day of " ~`' ~'~'~ , 2011 Laurinda J. Voel r, Esquire Attorney For Remit Corporation Attorney ID 82706 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 ,~ ~~~~1 _ti , '~ ~„,. ` Military Status Report ~; ~. ~ ~ Pursuant to the Service Members Civil Relief Act ~~~,` Page 1 of 2 Jan-10-2011 10:36:51 Last Name FirstlMiddie Begin Date Active Duty Status Active Duty End Date. Sernce A en HERSH, WILLIAM Based on the information you have furnished, the DMDC does not possess JR. H an information indicatin the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS} database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small enror 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 . 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. hops://www.dmdc.osd.mil/appj/scra/popreport.do 01/10/2011 Request for Military Status Page 2 of 2 Mare information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d~l) 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:59LGARA0J8 https://www.dmdc.osd.mil/appj/scra/popreport.do 01/10/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. :CIVIL-LAW WILLIAM H. HERSH JR., :DOCKET NO. 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: William H. Hersh Jr. 112 Hill Lane Mechanicsburg, PA 17050 Respectfully submitted, aurinda J. oelcker, Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff - vs. :CIVIL-LAW - WILLIAM H. HERSH JR., DOCKET NO. ~ GI-~{ S~ ~ -, Defendant 'rZr'+~ -_ -< ENTRY OF APPEARANCE N O .~ 0 Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. a x~ ~,,.. _~ r :~ ~*' a° ~o s -~ o -,~ ~~ °rn -1- Respectfully Submitted, THE REMIT CORPORATION LAURINDA ~E1.'CKER, ESQUIRE Attorney No. 706 36 W Main St Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff + r is Jody S Smith Chi f D t i e epu y i Richard W Stewart ? tt? Solicitor 1 ' 1'^'?,??? 1 e 1 (}o Remit Corporation Case Number vs. William H Hersh, Jr 2011-245 SHERIFF'S RETURN OF SERVICE 01/13/2011 09:00 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2011 at 2100 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: William H. Hersh Jr., by making known unto Vickey Hersh, Wife of defendant at 112 Hill Lane, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. "?= ze41 STEPHEN BENDER, DEPUTY SHERIFF COST: $37.00 January 14, 2011 SO ANSWERS, RONW R ANDERSON, SHERIFF I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REMIT CORPORATION, Plaintiff VS WILLIAM H. HERSH, JR. Defendant CIVIL DIVISION - LAW r m }ten rr'r-- v CIVIL-LAW t C) Docket No. 2011-245 Civil Term' m*-- ANSWER AND NEW MATTER And now, comes the Defendant, William H. Hersh, Jr., pro se, who answers Plaintiffs Complaint as follows: 1. Paragraph 1 is admitted. 2. Paragraph 2 is admitted. 3. Paragraph 3 is admitted and denied. Defendant admits to obtaining a GM Card. Defendant has no recollection of the date obtained, of the credit institution involved, of the credit guarantor, or of the account number of said card. 4. Paragraph 4 is denied. Plaintiff offers no compelling evidence that it has actually purchased any account that was opened, held, or defaulted upon by the defendant. Exhibit A offers no connection between the purchased assets and the defendant. 5. Paragraph 5 is denied. Plaintiff offers no compelling evidence that the purported transaction has any bearing on the defendant. Exhibit B offers no connection between the transacted assets and the defendant. 6. Paragraph 6 is denied. Plaintiff offers no evidence of any sort that the defendant committed any of the actions described in the paragraph. 7. Paragraph 7 is denied. Plaintiff offers no evidence of these actions on the part of the defendant. 8. Paragraph 8 is denied. Plaintiff offers no evidence of the truth of this statement. 9. Paragraph 9 is denied. Plaintiff offers no evidence of the truth of this statement. 10. Paragraph 10 is admitted. 11. Paragraph 11 is denied. After reasonable investigation, I am without knowledge or information sufficient to form a belief as to the truth of paragraph 11, which is therefore denied. 12. Paragraph 12 is denied. After reasonable investigation, I am without knowledge or information sufficient to form a belief as to the truth of paragraph 12, which is therefore denied. 13. Paragraph 13 is denied. After reasonable investigation, I am without knowledge or information sufficient to form a belief as to the truth of paragraph 13, which is therefore denied. 14. Paragraph 14 is denied. After reasonable investigation, I am without knowledge or information sufficient to form a belief as to the truth of paragraph 14, which is therefore denied. 15. Paragraph 15 is denied. After reasonable investigation, I am without knowledge or information sufficient to form a belief as to the truth of paragraph 15, which is therefore denied. (missing paragraphs 16 through 23 in original served/received copy of filing) 24. Paragraph 24 is denied. There are eight missing paragraphs, the content of which I am completely unaware. As such, , I am without knowledge or information sufficient to form a belief as to the truth of, or even existence of, paragraphs 16 through 23, which are therefore categorically denied. 25. Paragraph 25 is denied. After reasonable investigation, I am without knowledge or information sufficient to form a belief as to the truth of paragraph 25, which is therefore denied. 26. Paragraph 26 is denied. After reasonable investigation, I am without knowledge or information sufficient to form a belief as to the truth of paragraph 26, which is therefore denied. 27. Paragraph 27 is denied. After reasonable investigation, I am without knowledge or information sufficient to form a belief as to the truth of paragraph 27, which is therefore denied. 28. Paragraph 28 is denied. After reasonable investigation, I am without knowledge or information sufficient to form a belief as to the truth of paragraph 28, which is therefore denied. 29. Paragraph 29 is denied. After reasonable investigation, I am without knowledge or information sufficient to form a belief as to the truth of paragraph 29, which is therefore denied. 30. Paragraph 30 is denied. Plaintiffs conclusion is wholly based on unsupported assertions. As such, it is an unsupported conclusion, and therefore denied. NEW MATTER 31. Assertions in received copy of docket 2011-245 are numbered consecutively from 1(one) through 15 (fifteen), then go directly to assertions numbered 24 (twenty-four) through 30 (thirty). I have no knowledge or understanding of any arguments that may or may not have been detailed in supposed missing paragraphs 16 (sixteen) through 23 (twenty-three). 32. Exhibit "A" offers no clear evidence that any part of it applies to the defendant, or even what exactly was purchased and sold as part of this agreement. 33. Exhibit "B" offers no clear evidence that any part of it applies to the defendant. 34. Exhibit "C offers no clear evidence that any part of it applies to the defendant. WHEREFORE, the defendant requests that judgment be entered against the plaintiff. Respectfully submitted, Defendant William H. Hersh, Jr. 112 Hill Lane Mechanicsburg, PA 17050 Defendant I verify that the statements made in this Answer and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 31 Jan 2011 William H. Hersh, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW REMIT CORPORATION, Plaintiff CIVIL-LAW Vs Docket No. 2011-245 Civil Term WILLIAM H. HERSH, JR. Defendant CERTIFICATE OF SERVICE I, William H. Hersh, Jr., hereby certify that I have mailed by U.S. mail, first class, postage prepaid on this 31st day of January, 2011, a true and correct copy of the Answer and New Matter with Notice to Plead to the person(s) at the address indicated: Larinda J. Voelker, Esquire Attorney for Remit Corporation Attorney ID 82706 36 West Main Street Bloomsburg, PA 17815 Date: 31 January, 2011 ?A/Cll William H. Hersh, Jr. 112 Hill Lane Mechanicsburg, PA 17050 717-761-3160 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW REMIT CORPORATION, Plaintiff CIVIL-LAW VS Docket No. 2011-245 Civil Term WILLIAM H. HERSH, JR. Defendant NOTICE TO PLEAD You have been sued in Court. If you wish to defend against the claims set forth in New Matter, you must take action within twenty (20) days after this Answer and New Matter 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 Defendant's Answer and New Matter or relief requested by the Defendant. 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,! William H. Hersh, Jr. 112 Hill Lane Mechanicsburg, PA 17050 717-761-3160 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ? -n -n rn :.rr n W '? ran REMIT CORPORATION, f, Ica Plaintiff C ?-n +C? x' c7 ? C) o _n F vs. CIVIL-LAW =q - C)r° WILLIAM H. HERSH JR., DOCKET NO. 11-245 CIVIL TERM Defendant PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER COMES NOW, the Plaintiff, by and through its attorney, Laurinda J. Voelcker, Esquire, and submits the following Answer to Defendant's New Matter: 31. After reasonable investigation the party is without knowledge or information sufficient enough to form a belief as to the truth of the averment and is thus denied. Plaintiff will include a complete copy of the complaint to the Defendant along with this answer. 32. Paragraph 32 states a legal conclusion to which no response is required. To the extent a response is required; it is denied that the Plaintiff s exhibits are not related to the Defendant and his credit card account. By way of further answer, Plaintiff's exhibits speak for themselves and support the averments of the cause of action and averments in the complaint. 33. Paragraph 33 states a legal conclusion to which no response is required. To the extent a response is required; it is denied that the Plaintiff s exhibits are not related to the Defendant and his credit card account. By way of further answer, Plaintiff's exhibits speak for themselves and support the averments of the cause of action and averments in the complaint. 34. Paragraph 34 states a legal conclusion to which no response is required. To the extent a response is required; it is denied that the Plaintiff's exhibits are not related to the Defendant and his credit card account. Byway of further answer, Plaintiff's exhibits speak for themselves and support the averments of the cause of action and averments in the complaint. WHEREFORE, Plaintiff respectfully requests this Honorable court to dismiss the New Matter and to grant Plaintiff the relief sought in the Complaint. Respectfully submitted, Laurinda J.-V(->e9-lc' r, Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW WILLIAM H. HERSH JR., DOCKET NO. 11-245 CIVIL TERM Defendant : CERTIFICATE OF SERVICE I, Laurinda J. Voelcker, Esquire, do hereby certify that on _ I served a true and correct copy of the Plaintiffs Answer to Defendant's New Matter and copy of the time stamped Civil Complaint upon the Defendant by U. S. mail, first class, post pre-paid: William H. Hersh, Jr. 112 Hill Lane Mechanicsburg, PA 17050 Laurinda Voelcker, Esquire Attorney I.D. No.: 82706 Attorney for Plaintiff Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. CIVIL-LAW WILLIAM H. HERSH JR., DOCKET NO. 11-245 C; Defendant rn ? Z r- M Z r- ? 73 b -C CTS O i CERTIFICATE OF SERVICE Zp ° I declare that on JknkA ??- I, Raymond W. Kessler, Esquire" placed a copy of the PLAINTI F'S FIRST SET OF INTERROGATORIES ADDRESSED TO DEFENDANT as well as PLAINTIFF'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS ADDRESSED TO DEFENDANT, in the US mail, FIRST CLASS mail, postage prepaid to the Defendant at the following address: William H. Hersh Jr. 112 Hill Lane Mechanicsburg, PA 17050 RAYMOND W. KESSLER, ESQUIRE Attorney ID # 309802 36 W Main St PO Box 7 Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 3