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HomeMy WebLinkAbout11-0484 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA LOMBARD SOUTH ASSOCIATES LLC, Plaintiff VS. CIVIL-LAW DOCKET NO. a t)IPW L( v<< r4VM Defendant ° NOTICE TO DEFENDANT -, CD _O TO THE DEFENDANT: ? 1 CD YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims sefi"o h in'the 5' following pages, you must take action within twenty (20) days after this Complaint ancNotiee 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. RENEE MOOSE, and KENNETH MOOSE, SR. 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, PA 17013 800-692-7375 717-249-3166 717-238-6807 AURINDA . VOEL KER, ESQUIRE Attorney for Plaintiff Q??qa eo ?? Cti ib F14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA LOMBARD SOUTH ASSOCIATES LLC, Plaintiff VS. CIVIL-LAW RENEE MOOSE, DOCKET NO. and KENNETH MOOSE, SR. Defendant COMPLAINT The Plaintiff, Lombard South Associates LLC, by and through its attorney Laurinda J. Voelcker, Esquire, hereby files this Complaint of which the following is a statement: 1. The Plaintiff, Lombard South Associates LLC is a company doing business at 1229 Chestnut Street #215, Philadelphia, Philadelphia County, Pennsylvania 19104. 2. The Defendant, Renee Moose is an individual residing at 799 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Defendant, Kenneth Moose, Sr. is an individual residing at 799 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 4. Defendants obtained a Care Credit Dental Discover credit card on or about July 5, 2007, from GE Money Bank, (hereinafter "original creditor"), Account number 6019 1803 9441 5745. 5. Lombard South Associates LLC purchased the account of Renee Moose and Kenneth Moose, Sr. from CACH, LLC. A copy of the Bill of Sale is attached hereto and labeled as Exhibit A. 6. CACH, LLC purchased the account of Renee Moose and Kenneth Moose, Sr. from GE Money Bank. A copy of the Bill of Sale is attached hereto and labeled as Exhibit B. 7. Defendants used the extended credit leaving an unpaid balance of $1,756.27 with interest continuing to accrue at 29.99% per annum. 8. Defendants defaulted on the payments due and the last payment on this account was on or about May 22, 2009. 9. To date the charge-off balance is $1,325.10 and $431.17 post-charge off interest for a total of $1,756.27. COUNT 1 BREACH OF EXPRESS CONTRACT 10. The preceding paragraphs are incorporated herein by reference and made a part thereof as if fully set forth herein. 11. In consideration of the extension of credit provided by original creditor through a credit card, Defendants agreed to pay for all charges for purchases, balance transfers, cash advances, fees and interest on his/her account. 12. The reasonable charges and expenses owing for the credit card purchases, cash advances, balance transfers, fees and interest is $1,756.27. 13. Defendants 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. Defendants are indebted to the Plaintiff in the amount of $1,756.27. Defendants have failed and refused to pay the aforesaid sum despite frequent demand to do so and the same is now due and owing. 15. Defendants failure to pay is a breach of the express written agreement between the Defendants and original creditor. Pursuant to Pa.R.C.P. No. 1019(i), a copy of the written agreement is attached hereto, incorporated herein and referred to hereafter as Exhibit C. WHEREFORE, Plaintiff, Lombard South Associates LLC, demands judgment against the Defendants in the amount of $1,756.27 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 paragraphs 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 Defendants did not exist, that a contract implied by fact or implied within the law exists. 18. At all times relevant hereto, Defendants were aware that the original creditor was extending credit services to Defendants and that the original creditor expected to be paid for the Defendants use of this credit. 19. Defendants used the credit card to purchase items, and/or transfer balances, and/or obtain cash advances and he/she received the same to Defendants benefit. 20. The total reasonable value of the Defendants use of the credit extended by original creditor is $1,756.27. 21. In breach of the implied contract, Defendants have failed and refused to pay the outstanding sum for the credit card use and the same is now due and owing. 22. The Defendants have failed and refused to pay the aforementioned sum despite frequent demand to do so. 23. By virtue of Plaintiff s assignment of this account, Defendants are indebted to the Plaintiff in the amount of $1,756.27. WHEREFORE, Plaintiff, Lombard South Associates LLC, demands judgment against Defendants in the amount of $1,756.27, together with interest, costs, attorney fees and such further and additional relief as this Honorable Court deems just and equitable. COUNT III QUANTUM MERIUTIUNJUST ENRICHMENT 24. The preceding paragraphs 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 Defendants. 27. The Defendants will be unjustly enriched if Defendants are allowed to retain the benefit resulting from Defendants 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 Defendants understood that original creditor was entitled to compensation based upon Defendants use of the credit card. 29. The reasonable value of the Defendants use of the credit card including purchases, balances transfers, cash advances, fees and interest is $1,756.27. 30. Plaintiff is entitled to $1,756.27 from the Defendants and frequent demand for said sums has been made and the Defendants have failed and refused to pay the same. WHEREFORE, Plaintiff, Lombard South Associates LLC, demands judgment against the Defendants in the amount of $1,756.27 together with interest, costs, attorney fees and such further and additional relief, as this Honorable Court deems just and equitable. PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 Respectfully submitted, EMBIT "°C" ASSIGNMENT AND BILL OF SALE CACH, LLC ("Seller") has entered into a Purchase Agreement ("Agreement") dated September 17, 2010, as amended by the Closing Statement dated September 17, 2010, for the sale of Accounts described in Exhibit A thereof, to Lombard South Associates, LLC ("Buyer") upon the terms and conditions set forth in that Agreement. NOW TFIEREFORE, for good and valuable consideration, Seller hereby sells, assigns and transfers to Buyer all of the Seller's rights, title and interest in each and every one of the Accounts described in Exhibit A to the Agreement. TIM BILL OF SALE IS EXECUTED WITHOUT RECOURSE OR WARRANTIES EXCEPT AS STATED AND PROVIDED FOR WITHIN THE PURCHASE AND SALE AGREEMENT. Buyer and Seller agree that the Purchase Price shall be as stated in Exhibit B (Closing Statement), attached to the Agreement. IN WITNESS WHEREOF, Seller has signed and delivered this instrument on the 17th clay of September 2010. CACH, LLC By: Bri W. "I'uite Authorized Signatory EXHIBIT A 18664201 3 1 2 GE Card $"Cos +>A 41 57 a rm It 004009 1 /1 mian-a 3ELL FS LE For value received and in further consideratior? of the mutual covenants and conditions set forth in the Fomand Flow Receivables Purchase Agreettnem (Ube "purchase Agreerent"). dated as of April 9, 2009 by and between General Electric Capita Corporation, a Delaware Corporstion,GE Monty Bank, a federal savings but (collectively "Seller AM CACH. LLC ("Buyer''), Seller hereby transfers, sells, conveys, grants. and delivers to Buyer. its successors and assigns. without reMrse except a set forth in the Purchase Agreement. to the extent of its ownership. the Receivables as set forth in the Notffkation Files (as derund in the purchase Agreement), delivered by Seller to Buyer on each Traasfa Date, and as further described in the Purchase ASmeatent. General Electric Capital Corporation By: _'4-fj ? Title: VP Date. _ 11" 1`09 GB Money Bank Title: E VOA Cate: 1/: z w Y EXHIBIT O iii g °i-. a ?. hit ps Iec _ s - $_g g? .. g 'Lit 39 =9 ET s all s I l 3? ?s I-ear JIM tic fit r-Lij ; all erg 'a lip GL ar Mai sIll till sF-1 11 M111AI 11 er I a sm $ ? 3 N 'm N 25 . W N O t,A sr NII 91- -1 10 919 ilfi 9 44 Q.R it lilt in till g lip g I fig tH i 11 Hire ar? ?g # g r 121 let .?? # a ties C s ' ?a er g a a5 a sr a r PS L u 1p jig 51 -, - if !r till law Tc H I? 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M Of ak i .1 sus $ SL - $ - 8Lw gir# g? [ ww all[ it 9 :11 g a (pWmJ fill k§i. g a fill! Ila, 11 FE-21 a ji ir j gr t 30 g sa, 3 ma al!it! M 1! ? ?o xx ,4- _? .05, 411 ?- -7 9it_t gill tier sail IRs-0 1- Ia The underaiQ wd vedfms that the its made in the fad Comphdo we true coned based to the best of hiAw knowlaedr, infonnotion and belief and undersrtds the therein made are made subject to the penalties of 18 PaC'.S. sac. 4904 n to falsification to mAboriti+es. South Asaocia m LLC Printed same and title: a 6%R" Ffpl? rr+?u AN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA LOMBARD SOUTH ASSOCIATES LLC, Plaintiff VS. : CIVIL-LAW RENEE MOOSE, DOCKET NO. and KENNETH MOOSE, SR. Defendant AFFIDAVIT OF NON-MILITARY SERVICE The Defendants are 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. y/- Dated this /day of ?, akfk , 2011 Laurinda J. Voelckei! Esquire Attorney For Rem 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 ID Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jan-12-2011 06:57:06 < Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency MOOSE RENEE 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). nab A ,t..?y_a,*f. 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. https://www.dmde.osd.mil/appj/scra/popreport.do 01/12/2011 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:L8OLG3IGR8 https://www.dmdc.osd.mil/appj/scra/popreport.do 01/12/2011 Request for Military Status Department of Defense Manpower Data Center ID Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Jan-12-2011 06:57:47 < Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency MOOSE, KENNETH Based on the information you have furnished, the DMDC does not possess SR. any information indicating the individual status. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast Guard). Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§ 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 01/12/2011 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:HO1J57Q4A https://www.dmdc.osd.mil/appj/scra/popreport.do 01/12/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA LOMBARD SOUTH ASSOCIATES LLC, Plaintiff vs. CIVIL-LAW RENEE MOOSE, DOCKET NO. and KENNETH MOOSE, SR. Defendant CERTIFICATION OF ADDRESSES I certify that the precise address(es) of Plaintiff and Defendant(s) are as follows: Plaintiff: Lombard South Associates LLC 1229 Chestnut Street #215 Philadelphia, PA 19104 Defendant: Renee Moose 799 Old Silver Spring Road Mechanicsburg, PA 17055 Defendant: Kenneth Moose, Sr. 799 Old Silver Spring Road Mechanicsburg, PA 17055 Respectfully submitted, Laurinda J. y'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 LOMBARD SOUTH ASSOCIATES LLC, Plaintiff VS. CIVIL-LAW NS `f Zvi' 1 C-) Q 0 -? RENEE MOOSE, DOCKET NO. TQ?W SR TH MOOSE . , and KENNE Defendant - 0 a -,, CQ o , -4o C :)-n X c-? ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Lombard South Associates LLC, Plaintiff, in the above captioned matter. Respectfully Submitted, LAURINDA J. V?DC Attorney No. 82 6 36 W Main St Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 ESQUIRE IN' COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA LOMBARD SOUTH ASSOCIATES LLC, Plaintiff C) vs. CIVIL-LAW -o -? ter" ? ?? 484 CIVIL TE 2011 DOCKET NO OOSE C ° - . RENEE M , v SR. and KENNETH MOOSE a , Defendant ME =C) ca c-3 rn PRAECIPE FOR JUDGMENT AND ASSESSMENT OF DAMAGES' FAILURE TO FILE ANSWER TO THE PROTHONOTARY: Kindly enter judgment against Defendant in the above captioned matter as follows: Real debt $ 1,756.27 Interest from Jan. 19, 2011 $ 8.78 Total: $ 1,765.05 Kindly assess damages against Defendant in the sum of $ 1,765.05 plus continuing interest at the statutory rate of 6%. BY: Laurinda J. oelcker, Esquire Attorney or Plaintiff a"'? vq. to"N all C? i(-tt Nq 1L uA ?? o?cx IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA LOMBARD SOUTH ASSOCIATES LLC, Plaintiff vs. CIVIL-LAW RENEE MOOSE, DOCKET NO. 2011-484 CIVIL TERM and KENNETH MOOSE, SR. 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 Notices by regular mail to the Defendants on February 22, 2011. BY: - VIV Laurinda J. c er, Esq. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA LOMBARD SOUTH ASSOCIATES LLC, Plaintiff vs. CIVIL-LAW RENEE MOOSE, DOCKET NO. 2011-484 CIVIL TERM and KENNETH MOOSE, SR. Defendant NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: Renee Moose DATE OF NOTICE: February 22, 2011 799 Old Silver Spring Road Mechanicsburg, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Lawyer Referral Service 100 South Street, PO Box 186 Harrisburg, PA 17108 800-692-7375 717-238-6807 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 REMI O O / Lauri nA nda J. Vo M, Esquire 570-387-1873 Mailed to: Renee Moose 799 Old Silver Spring Road Mechanicsburg, PA 17055 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA LOMBARD SOUTH ASSOCIATES LLC, Plaintiff vs. CIVIL-LAW RENEE MOOSE, DOCKET NO. 2011-484 CIVIL TERM and KENNETH MOOSE, SR. Defendant NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO: Kenneth Moose, Sr. DATE OF NOTICE: February 22, 2011 799 Old Silver Spring Road Mechanicsburg, PA 17055 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Lawyer Referral Service 100 South Street, PO Box 186 Harrisburg, PA 17108 800-692-7375 717-238-6807 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 4CEO ' ed to: Kenneth Moose, Sr. Laurinda J. Voelck r, Esquire 799 Old Silver Spring Road 570-387-1873 Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA LOMBARD SOUTH ASSOCIATES LLC, Plaintiff vs. CIVIL-LAW RENEE MOOSE, DOCKET NO. 2011-484 CIVIL TERM and KENNETH MOOSE, SR. Defendant AFFIDAVIT OF NON-MILITARY SERVICE The Defendants are 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 7da , 2011 Laurinda J. Voel er, Esquire Attorney For R mit 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 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Mar-07-2011 10:31:36 Last First/Middle Begin Date Active Duty Status Active Duty End Date Service Name Based on the information you have furnished, the DMDC does not possess MOOSE RENEE 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). 01 4*4 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 . If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appi/scra/popreport.do 03/07/2011 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(dxl) 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: VAATFD6IUL https://www.dmdc.osd.mil/appj/fpra/ppprWrt.do 03/07/2011 Request for Military Status Department of Defense Manpower Data Center Military Status Report It Pursuant to the Service Members Civil Relief Act Page 1 of 2 Mar-07-2011 10:32:22 Last Name First/fAiddle Begin Date Active Duty Status Active Duty End Date Service Agency MOOSE Based on the information you have furnished, the DMDC does not possess , SR. KENNETH 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). 4hy 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 . If you have evidence the person is on active duty and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. §521(c). If you obtain additional information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 03/07/2011 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:BUNEF8VR20 https://www.dmdc.osd.mil/appj/scra/popreport.do 03/07/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA LOMBARD SOUTH ASSOCIATES LLC, Plaintiff vs. CIVIL-LAW RENEE MOOSE, DOCKET NO. 2011-484 CIVIL TERM and KENNETH MOOSE, SR. Defendant CERTIFICATION OF ADDRESSES I certify that the precise address(es) of Plaintiff and Defendant(s) are as follows: Plaintiff: Lombard South Associates LLC 1229 Chestnut Street #215 Philadelphia, PA 19107 Defendant: Renee Moose 799 Old Silver Spring Road Mechanicsburg, PA 17055 Defendant: Kenneth Moose, Sr. 799 Old Silver Spring Road Mechanicsburg, PA 17055 Respectfully submitted, Laurinda J. Vo6l&er, Esquire Attorney for-Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Telephone: (570) 387-1873 Fax: (570) 387-6474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA LOMBARD SOUTH ASSOCIATES LLC, : Plaintiff vs. : CIVIL -LAW RENEE MOOSE , and KENNETH MOOSE, SR. Defendant : DOCKET NO. 2011-484 CIVIL TERM PRAECIPE TO WITHDRAW JUDGMENT AND DISCONTINUE ACTION To The Prothonotary: Please withdraw the judgment and Discontinue the Action entered on the docket on March 11, 2013 in the above captioned matter against Defendant. Respectfully Submitted, Laurinda J. Voe1er, PA ID #82706 Attorney For Plaintiff 36 West Main Street P.O. Box 7 Bloomsburg, PA 17815 Telephone 570-387-1873 Fax 570-387-6474 --- 0mt Ck.J I 86sA g4f-3//go/