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Home My WebLink About11-3485IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW DOCKET NO. / _ 3L/? 5 C ?? rvi r rn ?n ° :zC3 ? MARK S. WAGNER, Defendant NOTICE TO DEFENDANT TO THE DEFENDANT: YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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 CSJ Pd. #C0160 PIIJ 1 -3 3-7 " 6KI ?SU 1 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 LAURINDA J. V CKER, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. MARK S. WAGNER, 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, Mark S. Wagner, is an adult individual residing at 603 Lavina Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant obtained a MasterCard credit card on or about January 18, 2006, from HSBC Bank Nevada N.A., (hereinafter "original creditor"), Account number 5491 0986 1313 0581. 4. Remit Corporation purchased the account of Mark S. Wagner 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 Mark S. Wagner 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 $3,005.41. 7. Defendant defaulted on the payments due and the last activity on this account was on or about November 30, 2007. 8. No interest has been added to the account since it was charged-off. 9. To date the charge-off balance is $3,005.41. 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 $3,005.41. 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 $3,005.41. 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 $3,005.41 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 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 $3,005.41. 21. In breach of the implied contract, Defendant has failed and refused to pay the outstanding sum for the credit card 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 Plaintiff's purchase of this account and the assignment of all rights to the Plaintiff, Defendant is indebted to the Plaintiff in the amount of $3,005.41. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $3,005.41, 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 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 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 card including purchases, balances transfers, cash advances, fees and interest is $3,005.41. 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 $3,005.41 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 $3,005.41, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, Eaurinda J. VoelcEsquire 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 convey to Purchaser, its successors and assigns, all right, title and interest of Seller 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 collectability of the Accounts, except as specifically provided in the Agreement. Product/State Purchased- PA HSBC Executed this 16th day of November, 2009. SELLER By: `title: L Ep EXHIBIT A BILL OF SALF. HSBC CARD SERVICES (III) INC (' ;Seller'), for value received and pursuant to the terms and conditions of the Receivables Purchase Agreement (''Agreement") dated August 4. '(106 between Seller and National American Credit Corp., a Pennsylvania Corporation ("Purchaser"), dues hereby sell, assign and convey to Purchaser, its successor and assigns, all right, title and interest of Seller in art] to those certain purchased receivables listed on the Sale File dated December 19, 2007 without recourse and without representation of, or warranty of, collectibility, or otherwise, except to the extent provided for within the Agreement. EXECUTED this 30th day of January, 2MR. I ISBC CARD SERVICES (111) INC, By: _ Num.:3usun_Solomon _ Title: Vice President _ Assistant Secretary ?yin/ E IBIT 11 6 WIN it lfqf q t v4 ua? PA 'ej , 1 .7 111 m low ye ?I Us a UN f 11 1 R Q a® P ? ss I lit rz_ i FS rra3 a >-, N EXHIE Iva Ir _. . I I I h An i r $ If .33 -= i ce ' R sip[ ¦? / pgg th, fall jr, tiff ?w -- s it 57 or IL it. Ulf, IL -1 S fit t N Q t? F i 1. 51 rr fit. i ?s s- ?? i' YO iS??x r ? R nz - i vy a > i ??^ zed gg ? i rr $a ? 3 t ir > $ FUJAR F IF ir U11 Ir 8'. fit JY;R _11 it f Jim ;I xr a ? ? i? l ? t P o s ° g i . lay 3? a?? i+ r r` Q > 3 3 ?- Tk !12 k(E .- _? a a Z _ i I : ?Hk e? I i gK Ila i ft `Eml Hn fit €tM E h? a RL r in x fit H _Upi $ae¦!eg d1 P s b ? a f r5l it¢ 4 a r ! ,N IS r19 ? 16 it g jet ?, Era J aru fir` r r5 -1 - E E lop ?s g S Of °?E k g; a it T11 S e a -T 1wr a L ' ? B ?`a! 24 E Eel ?' k c a 8' i € ? _ it 3111 g , all r ti fit I tr.g E t #'A 11 191 jiffiR, Hit E &gg lils" . ¦ a & $? i' R ?$a. ??t IV ? a TH fig It °0 89 r 1 51 fit 'twit 11F r a R !=• ¦ Hrug a. H _ Ei nxg ! - $? MR, I lit rr IL t 0`1 If .1 Ira rr 10-8 -r-1 i 1 -Ir of $ yy k gC it rfa !fit s ILI bay - H Wrr ?. J rM? Alex '?? -1K RI fit 1 3 1? terq 11 lie, EEE - ' S TJW ;m 44, 1i tit- Ira jr 1% &1 g-flit i it o??? • ?? ; ^ $ 13 Lv ;r4 St . Flit wwRrit „ is # E I it g € ? SQL ; 3 s ' x Fr N fits a.l? • ?? $? ! a #:°``= Hj1 lea ??;?? Ja?E?r a a sstg¦rN Q a qi ¦! ¦ i cs e z if ir tLf fir it :; 3 y s . T r ? ' x 3 _ G 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. Arj)L 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 MARK S. WAGNER, 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 this/day of A , 2011 Lafiriiida J. Voe '19ker, 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 40 Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Mar-17-2011 08:22:04 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency WAGNER MARK S 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). Ohvt 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/faq/pis/PC09SLDR.htmi. 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 03/17/2011 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:MVH8SKlIV9 https://www.dmdc.osd.mil/appj/scra/popreport.do 03/17/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. CIVIL-LAW MARK S. WAGNER, 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: Mark S. Wagner 603 Lavina Drive Mechanicsburg, PA 17055 Respectfully submitted, Laurinda J. VoeAer, 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 MARK S. WAGNER, DOCKET NO. Defendant ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully Submitted, THE REMIT CORPORATION LA RINDA J OELCKER, ESQUIRE Attorney No. 82706 36 W Main St Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 ? ? N q +'3 Zrri M - M ;0 f 4c:, 'C Q c_? N David D. Buell (Prothonotary Office of the prothonotary Cum5eriand County, Pennsylvania 7(jrkS. Sohonage, ESQ Solicitor 1/ —3WAS CIVIL TERM ORDER OF TERMINATION OF COURT CASES. AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF . INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 0 CarCisCe, 4'A 0 ('hone 717 240-6195 0 'Fax 71 7 240-6573