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Home My WebLink About11-4587IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff C') „C) --4 VS. CIVIL-LAW mr S cn ?" -c v -am %n t? PENELOPE A. ZAYAS, DOCKET NO. t -tD cn + Defendant Cl VI ( , a ?n ? CD-n z:_ NOTICE TO DEFENDANT D c= m 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 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 LAURINDA J. V L R, ESQUIRE Attorney for Plaintiff Q Ga.? tad a CIS.-? 1 `?5$ 2 a S9 -7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. CIVIL-LAW PENELOPE A. ZAYAS, DOCKET NO. Defendant 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, Penelope A. Zayas, is an adult individual residing at 271 Newville Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Defendant obtained a GM Card MasterCard credit card on or about August 17, 2005, from HSBC Bank Nevada N.A., (hereinafter "original creditor"), Account number 5499 4410 0897 6626. 4. HSBC Bank Nevada N.A. sold the account to National American Credit Corporation who on November 16, 2009 sold the account to Remit Corporation. The sale includes the transfer of all right, title, and interest in the account to Remit Corporation. A copy of this writing is attached hereto, incorporated herein and referred to hereafter as Exhibit A. 5. Defendant used the extended credit leaving an unpaid balance at charge-off of $3,282.56. 6. Defendant defaulted on the payments due and the last activity on this account was on or about December 31, 2007. 7. No interest has been added to the account since it was charged-off. 8. To date the charge-off balance is $3,282.56. COUNT I BREACH OF EXPRESS CONTRACT 9. The above paragraphs are incorporated herein as though more fully set forth at length. 10. 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/her account. 11. The reasonable charges and expenses owing for the credit card purchases, cash advances, balance transfers, fees and interest is $3,282.56. 12. 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. 13. Defendant is indebted to the Plaintiff in the amount of $3,282.56. Defendant has failed and refused to pay the aforesaid sum despite frequent demand to do so and the same is now due and owing. 14. 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(i), a copy of this writing is attached hereto, incorporated herein and referred to hereafter as Exhibit B. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $3,282.56 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 15. The preceding paragraphs are incorporated herein by reference and made a part thereof as if fully set forth herein. 16. 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. 17. At all times relevant hereto, Defendant was aware that the original creditor was extending credit services to him/her and that the original creditor expected to be paid for the Defendant's use of this credit. 18. Defendant used the credit card to purchase items, and/or transfer balances, and/or obtain cash advances and he/she received the same to his/her benefit. 19. The total reasonable value of the Defendant's use of the credit extended by original creditor is $3,282.56. 20. 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. 21. The Defendant has failed and refused to pay the aforementioned sum despite frequent demand to do so. 22. 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 $3,282.56. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $3,282.56, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. COUNT III QUANTUM MERIUT/UNJUST ENRICHMENT 23. The preceding paragraphs are incorporated herein by reference and made a part thereof as if fully set forth herein. 24. 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. 25. The credit extended by original creditor benefited Defendant. 26. The Defendant will be unjustly enriched if he./she is allowed to retain the benefit resulting from his/her 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. 27. 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/her use of the credit card. 28. The reasonable value of the Defendant's use of the credit card including purchases, balances transfers, cash advances, fees and interest is $3,282.56. 29. 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 $3,282.56 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 $3,282.56, together with interest, costs and such further and additional relief as this Honorable Court deems just and equitable. Attorney for V PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 Respectfully submitted, EXHIBIT A BILL OF N %LE FOR VALI E RECEIVED. Aid pursuant to the tams and :miditions t)f the ilurchase ind :,ile ,19reemcrit hetween National American Credit Corp. ("Seller") and Remit C orpwation. I -Purchaser-) ( the " Agreement"). Seller does hereby sell, assign and cim ey to Purchaser. its successors and assigns, all right, title and interest of'Seller in and to those certain accounts described below (the " 1ccounts"). this Bill of Sa1e is executed without recourse, warranty or representation of tiny kind, expressed or implied, including, without limitation, any warranty or representation is to the collectahility Ofthe Accounts, except as specifically provided in the .Agreement. Product/State Purchased- PA NSBC Executed this 16th day of November, 2009. SELLER - ".z- ire / fay: Name: fln x,, Oj K A,L Title: (' 'r' r3 1 q N L It i - 1 Y - RUM![ 14 Nj. t?_ =st et"/• N Fr ifil I I j . I e fit !! i - 9-? i I g Ln IV EXHIBIT i I ig j It i r??j ?Et4 x s r? ?t j M iE A. [ R? raj ? (Rr $ eRa El* 7 Ott ? elf L a! r??g?? ?t?? a It-it ti? m RR R I l1l tr r ? 1fi ? ?? ??spl;Era leis RI i, f I ?a rrA ¦¦ { ? ?Rl we I- wir J- p f it ,? lip e? J i W1.1 i rg 6 #11 fH g 1E g1 3 11g i at or ? - 1W 4 T i t 'f ? 1 5 Q ?? p. Y for' ??a ?=4 L 3-L y e? { Ian I f lit11 # F ?fR{? ? Sri K??t33I s= 3fl?`3s ??.al3e4 I wet L1 l? (t?' alga: tip Hit $ s?-AAA i R R Fri` - E!q .I IL s 2f INV m 11w IIR2? ?It?? lair 15 I f 411 e.?A iL i R r[ L? K a 3 IT P r it ter It ! ?t qtr ?p II $t IL .? ?3ft yit4My.tt tit Sir IL r -fs? 1r g• ? a rt ?g s r. a r s r??i.P r???g ? R Tf> R =a L r' 4 r v7T • ?a 9 TS- 8? ;3 (_k i _, ? got lot I t +? ?•. lu sill 1j, •: pp o f ll f all s 4 if I Ml r r ? r ,,r r Dal i 11glifil - I if fit ?YlP c, ?a ifi ;t , 1i pill" '; 4i f j Ir if - -?•_? ar : r r 11 h . WS r? fig rr ,'t Ir.R •? RILI ;f oil gill 11 9"1 16 7 U; 1e 5 *If 11'., so. L its k XI its Ut j . i£f i 'M OF r IL F1 A 11. j1 °.?; r err t irg F.t x g little 51 ??$ Hs E t????? i ?a .81 ?1 q s fI . T In" 12 lit it IL W .?_? Q . Ito t • # Li f '"e?q flit, ar a r IN r;s i fiffif ItHr ffli'v;l 'M I Ii p?;-ttlp-gyp fir - gyp 6, Lt Sill jr lit .1riv J, illif , " rl, } c ! I r ? ir }} r w F P16 Y ? aIL aft 'tit$?a "I Ladd Fi?Y } p a, ti ., . r. I ! i }g• p34?? ids-pilp?i all 'a?t ` ?i?' a !1 Pp _ tp /i1 1 ti_ ! ppa r s 9- fig t i ? E lit 1 1,1F fill I Fr ca z}? a i E i I IL :gyp I ;! ?? id?Fsl FtjtaEj f?a [? ?zt?lE ? p1?R?? p 1?I??t??' .7,? Y1 Qe ?s to pp! s F pl@ t •• t? 3trr f?i? 3p?fij; ar? ?^ fat WIT 11 q lit i vfyel f 1 4. 1 0- !i oll .r ? a -'k ?r b I I 01 °R r f P - ps _ r 2 Y 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. --L, -4 r"'It,/ Harry A. Str ss I President, Remit Corporation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff vs. CIVIL-LAW PENELOPE A. ZAYAS, 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. n Ax Dated this ?ay of y , 2011 Laurinda J. Voelckef, 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 Military Status Report 1 40 Pursuant to the Service Members Civil Relief Act Pagel of 2 May-20-2011 10:06:24 Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency ZAYAS PENELOPE 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). Ohut A 4ft?, * 40 (??- 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 httr)://www.defenselink.mil/fag/vis/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/aDDi/scra/noDrenort_do AC/11APIA1, 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:I8MDQC467I https://www.dmdc.osd.mil/appi/scra/Donrenort.do nc inn inn i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Plaintiff VS. CIVIL-LAW PENELOPE A. ZAYAS, 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: Penelope A. Zayas 271 Newville Road Shippensburg, PA 17257 Respectfully submitted, Laurinda J. oelcier, E; Attorney f r 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 47 N ?? REMIT CORPORATION, -? -- `? Plaintiff rnuO ern ?= r VS. CIVIL-LAW r r-s S?7 a CD^n PENELOPE A. ZAYAS, : DOCKET NO. uYl o o Defendant A _j { ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully Submitted, THE REMIT CORPORATION LAURINDA J. yOELCKER, ESQUIRE Attorney No. 8 06 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 Jody S Smith Chief Deputy Richard W Stewart Solicitor 2011 J! I", 14 AM 10= 2 P C?IJMBER_A,-c ? OUNI 3_ PENNSYLVANIA Remit Corporation vs Case Number . Penelope A. Zayas 2011-4587 SHERIFF'S RETURN OF SERVICE 06/02/2011 03:25 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 2, 2011 at 1525 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Penelope A. Zayas, by making known unto herself personally, at 271 Newville Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. RONALD HOOVER, DEPU SHERIFF COST: $48.00 June 03, 2011 SO ANSWERS, RONNNY R ANDERSON, SHERIFF r C;nu,?tyi.. i :,oil.Inc. David<D. Buea Prothonotary Office of the Prothonotary Cum6er[and County, cPennsyfvania 2rkS. Sofionage,S'Q Solicitor ^ '145187 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28T" 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 ® Suite100 ® Carlisle, TA ® (Phone 717 240-6195 ® Fac 717 240-6573 C