HomeMy WebLinkAbout06-6630IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Assignee of Unifund CCR,
Plaintiff
vs.
CIVIL-LAW
DOCKET NO. a. 1y (o30
PAULA M. CHAMBERS,
Defendant
TO THE DEFENDANT:
NOTICE TO 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 finther notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
Pennsylvania Lawyer Referral Service 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. VOEL R, ESQUIRE
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Assignee of Unifund CCR,
Plaintiff
vs.
CIVIL-LAW
NO. 7,L-
-
PAULA M. CHAMBERS,
0 4 G 636 DOCKET
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 and is the assignee of Unifund CCR Partners. Copies of the documents assigning all
relevant rights with reference to the present action to the Remit Corporation are attached hereto,
incorporated herein and referred to hereafter as Exhibits A and B.
2. The Defendant, Paula M. Chambers, is an adult individual residing at 2365 Lambs
Gap Road, Enola, Cumberland County, Pennsylvania 17025.
3. Defendant obtained a AARP Credit Card Services Visa credit card on or about
January 18, 2002, from Bank One Delaware NA (hereinafter "original creditor"), Account
number 4408 0333 1062 9036.
4. Unifund CCR Partners purchased the account of Paula M. Chambers from Bank
One Delaware, NA. A copy of the Affidavit of Indebtedness is attached hereto and labeled as
Exhibit B.
5. Defendant used the extended credit leaving an unpaid balance of $11,393:05 with
interest continuing to accrue at 19.991/o per annum.
6. Defendant's last payment on this account was made on or about January of 2003.
7. To date the balance is $5,831.17 principal and $5,561.88 interest for a total of
$11,393.05.
COUNT 1
BREACH OF EXPRESS CONTRACT
8. The preceding paragraphs are incorporated herein by reference and made a part
thereof as if fully set forth herein.
9. 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.
10. The reasonable charges and expenses owing for the credit card purchases, cash
advances, balance transfers, fees and interest is $11,393.05.
11. 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.
12. Defendant is indebted to the Plaintiff in the amount of $11,393.05. Defendant has
failed and refused to pay the aforesaid sum despite frequent demand to do so and the same is
now due and owing.
13. 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 the written
agreement is attached hereto, incorporated herein and referred to hereafter as Exhibit C.
WHEREFORE, Plaintiff, Remit Corporation, assignee of Unifund CCR Partners, demands
judgment against the Defendant in the amount of $11,393.05 together with interest, costs,
attorney fees and such further and additional relief as this Honorable Court deems just and
equitable.
COUNT H
BREACH OF IMPLIED CONTRACT
14. The preceding paragraphs are incorporated herein by reference and made a part
thereof as if fully set forth herein.
15. 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 within the law exists.
16. At all times relevant hereto, Defendant was aware that the original creditor was
extending credit services to her and that the original creditor expected to be paid for the
Defendant's use of this credit.
17. Defendant used the credit card to purchase items, and/or transfer balances, and/or
obtain cash advances and she received the same to her benefit.
18. The total reasonable value of the Defendant's use of the credit extended by
original creditor is $11,393.05.
19. 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.
20. The Defendant has failed and refused to pay the aforementioned sum despite
frequent demand to do so.
21. By virtue of Plaintiffs assignment of this account, Defendant is indebted to the
Plaintiff in the amount of $11,393.05.
WHEREFORE, Plaintiff, Remit Corporation, assignee of Unifund CCR Partners, demands
judgment against the Defendant in the amount of $11,393.05, together with interest, costs,
attorney fees and such further and additional relief as this Honorable Court deems just and
equitable.
COUNT III
QUANTUM MERIUT/UNJUST ENRICHMENT
22. The preceding paragraphs are incorporated herein by reference and made a part
thereof as if fully set forth herein.
23. 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.
24. The credit extended by original creditor benefited Defendant.
25. The Defendant will be unjustly enriched if she is allowed to retain the benefit
resulting from 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.
26. 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 her use of the credit card.
27. The reasonable value of the Defendant's use of the credit card including
purchases, balances transfers, cash advances, fees and interest is $11,393.05.
28. By virtue of the Plaintiff s assignment of this account, Plaintiff, Remit
Corporation is entitled to $11,393.05 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, assignee of Unifund CCR Partners demands
judgment against the Defendant in the amount of $11,393.05 together with interest, costs,
attorney fees and such further and additional relief as this Honorable Court deems just and
equitable.
Respectfully submitted,
Laurinda I Vo cker, Esquire
Attorney for Plaintiff
PA ID #82706
Remit Corporation
36 West Main Street
Bloomsburg, PA 17815
570-387-6470
ASSIGNMENT OF CLAIM
PURSUANT TO .
PENNSYLVANIA ACT 219 OF 1990
For value received, the undersigned:
Unifund CCR Partners
assigns to:
The Remit Corporation
doing business at:
36 W Main Street
PO Box 7
Bloomsburg, PA 17815
EXHIBIT
a debt due to the undersigned from:
Paula M Chambers # 407500
for the sum of $11,393.05 arising from unpaid credit card services with interest accruing at
19.99% per annum.
The said sum is justly due to the undersigned without offset or defense. The undersigned
neither transfers to The Remit Corporation, nor expects The Remit Corporation to assume,
any obligation or any liability of the assignor to the said debt.
The undersigned has done nothing and will do nothing to discharge the debt or hinder its
collection and hereby grants to The Remit Corporation the full power and authority, to bill
and collect the aforesaid claim, in accordance with Pennsylvania Act 219 of 1990, Section 2,
as it amends Title 18 regarding Section 7311, including to sue for, (in its own name, through
a licensed attorney) and discharge the assigned debt or to sell and assign it again.
The Remit Corporation specifically agrees to comply with the Pennsylvania Act of
December 17, 1968, P.L. 1224, No. 387 (known as the Unfair Trade Practices and Consumer
Protection Law), and with the regulations promulgated under that Act pursuant to this
assignment.
Dated this (4?, day of
20U4-2
Authorized Signature
Unifund CCR Partners
AFFIDAVIT OF INDEBTEDNESS
State of Ohio )
County of Hamilton ) ss.
Kim Kenney being sworn, deposes and says that she is Media Supervisor of Unifund CCR Partners herein
called assignee, which is doing business at 10625 Techwoods Circle, Cincinnati, Ohio 45242 and that she is
authorized to make the statements and representations herein.
The defendant is not in any branch of the military.
There is due and payable from PAULAM CHAMBERS, Account Number 4408033310629036, the amount
of $11338.73 (principal balance in the amount of $5831.17 plus interest up through 09/29/2006 in the
amount of $5507.56). By the terms of the agreement between the defendant and the original creditor,
interest is accruing from the aforesaid date at the rate of 19.99 percent per annum. This balance reflects any
payments, credits or offsets made since the account was charged off.
Bank One Delaware NA's account was issued under the name of AARP CREDIT CARD SERVICES.
Unifund CCR Partners purchased this account from Bank One Delaware NA. Said account has been
referred to REMIT Corporation with full power and authority to do and perform all acts necessary for the
collection, settlement, adjustment, compromise or satisfaction of said claim.
EXHIBIT
I- A
DATED thi September 29, 2006
UMJUND CCR PARTNERS
By: Kim Kenney
Media Supervisor
10625 Tech_woods Circle Cincinnati, OH 45242
Address
Subscribed and sworn to before me this 29 day of September, 2006
Year
Notary Public
My commission Expires
Client # 634
A1ler we recelve your letter. we cannot try In r)olleCt rrty anuIut+1 yrxr
question. or report you as dobixluent. We Cnr, ronknun lu hill yna f.tr uhr•
.mnmont you question.. nducling finatw:e .:rctrtlr:t atyt ;e •'.ur alcilP,
unpatd amount against your credit limit Yrnt do wl trove to pay :uw
queshoficd amotmlwhtto we are nnvesligabnrg. Iml you afr: skin nltnlat 41
10 pay file parts of your bilf that are not in question.
If we find that we matte a mistake on your bill. you will not have to Viy x1 iy
finance charges related to any questioned amount. If we didn't shake e
rnts(alle. you may have to pay finance charges. and you will have to n!aket
up any missedpayments on the questioned amount. In eaher case, wiz vain
send you a statement-of the amount you owe and the dale that it is due.
11 you fail to pay the amount that we think you owe, we may report you al;
delinquent. However, it our explanation does not satisfy you and vow write
fo us within ten days tolling us that you slip refuse to pay. we mull loll
anyncte we report you to that you have a question atxwl your bill. Aixt c-it!
urusl tell you the narne of anyone we reported you to. We must tell anyuno.
we report you to that the matter has been settled between us when i1 rinatly
is.
If we donl follow these rules, we win 1 collect (he first SSO of the quiesitc:rted
arnoutt. even d your bat was correct.
Special Rule For Credit Card Purchases
It you have it problem with the quality of property or services that you
Purchased with a credit card, and you have tried in good (tit h to Cnret:'. the
problem with the merchant. you may have the right not to pay Inc rennin axny
amount due on the property or services. There are two linutalrons:u tfrs
right:
• You must have made the purchase in your Ionic slate. or of a wit -millin
your home state within 1130 miles of your current mailing address: and
• The purchase price must have been more than $50.These limitations do
not apply it we uwvn or operate the merchant. or if we mailed you the
ad rarlisement for the property or services.
EXHIBIT
- e,--
IIANKZONE.
Bank One. NA
Columbus. Ohio atembef FDIC
ON 8227
CREDIT CARD
Cardholder Agreement
VISA19IMasterCarde Cardholder Agreement
This Agreement is for your Credit card account (Accounll with Bank Orte.
NA 18attk One) mW the VISAIM;tsletCard card(s) (Card) issued ao yoc, n
Orneclion with your Accrwnt. "You" and -your' mean arty ,ipttF:rant IN
pint applicaril for the Account or"person Usingdhe Accout or relal:d
cards with the expresso inrAwil permission W any applicant ••W e. ' ••w- -
ana "our' mean Banc Otte, cx!r wccessors and assigns.
Thin :use of the kccaeu air card. clack, telephone. ;it Ollie+rwi
.1•.y ricMd try tlxf ioUowNpj aoxl conditions. tin -
1. Account Ownership. This Card remains our oropeny ;nil the Account
may be cancelled by us at any time without prior nolice 'rr;u ree w
..,mender the Card andatneraccessdevicesandtodiscro, :et,.w ill iiTafro!t
of the Account by any means !mmodately upon our request.
2. Credit Lirnll. We will,assign a cfe(Iiu brit to your Account wlrch ink can
increase or decrease at airy lime wilhoul notice. We may establish a credit
linai for rash advances which is lower than the total credit :emit for your
Account. Your credit knot. incluudcAinngg the lower Credit limit for cash ad•
yanees, it applicable, will be relleeted on yolx billing slaternenl. You agree
not to exceed that credit firriil, including emit tower limit for cash advances
3. Liability. You may be We lot the toss. Shelf* or wtaudhorited use of line
Account. You will not lie liable for unauthorized use which occurs aver
notifying us by lelemheine, in person. or in writing of the loss. Shelf. or
unauthorized use at Bank One. NA, Bankcard Dep1.0532. Columbus. UN
43271-0532.
In any case, liability will no exceed the lesser of S50 or the amount of
!honey, properly. of services obtained by such use prior to notification in
us. 11 you have auhorred anoeier person to use your Cant.:end yet, ,vartt
to terminate that person's authority., you must recover the Carty.
4. Promise to Pay. You promise to pay for all purchases acid cash
advances made by you or any authorized person even it that person
exceeas your aulhonly. In addition. you promise to pay all Futame
Charges. and other fees and charges. in accordance with tN:liog stare-
ments.
S. Billing Statements. You willreceive & billing statement (Sla temen t l for
any month in which [here is a balance on your Account Your payment is
due. at such place as we designate. on or before She (Tate Payment Due
printed on your Statement
6. Payrntenis. You may pay the Total New Balance shown on your
Statement each month, or you may pay in monthly installments. If you
decide to payin monthly installments. you must pay at least the Minimunt
Paymentamountshowncnyour Statement. TheMinim mPaymenlwil[be
3% of your Total New Balance, but ro less than $10.00. If your Total Vew
Balance is less than $10.00. you must pay the full amount. Any amount
past due and any arreount (hat exceeds your credit 1'!mit will be added to die
Minimum Payment due. Checks written for payment on your Account.
.must be, written In U.S. Dollars and drawn on a U.S. Bank.
7. Fees. The following fees or such fees as provided from time to time, wits
be issessed:
(A) An Annual Fee of $0.
(B) An Gver-the-Credit-Limit Fee of $20 (orany month in which the Total
New Balance of your Account on the Statement Dale exceeds your credit
limit.
(C) A Returned Check Fee of $20 lot any check or other negotiable
instrument in payment on your Account which is presented and nor paid
There willbe no FtelumeclCheck Fee assessed to your c,edilcard account
it the check is drawn on a Bank One checking account
r' , ..
(D) A Returned VISA/I6lastercard Check Fee of $20 it any VISA/
MasterCard check is presented for payment and resumed because your
Account is in default, restricted due b delinquency, or would cause your
Account balance lb exceed your credit limit.
(E) A Late Payment Feeof$20whenyou far?lo make at least the Minimum
Payment by the Date Payment Due shown on your Statement.
(F) A Stop Payment Fee of $20 any Hine you request a stop payment on
a VISA or MasterCard check.
5. Finance Charge. The FINANCE CHARGE on your Account is defer-
mined by multiplying your Average Daily Principal Balance by the Daily
Periodic Rate by the numberof days inthe billing period. The Dad1y Periodic
Rale is equal to 1/365th of the ANNUAL PERCENTAGE RATE. The Daily
Periodic Rale for your Account Is 0.044% which is a corresponding
ANNUAL PERCENTAGE RATE of 15.90%.
The Average Daily Principal Balance is calculated separately for pur-
chases and cash advances. To determine the Average Daly Principal
Balance, we add the Da Balances and divide the total byte number of
days in the statement aiod. The amount of any purchase or cash
advance, including V1S,l'fper rCard checks, will bear Finance Charge
from the day of the transaction or from the fast day of the billing cycle in
which the transaction is applied to your Account, whichever is later.
The Daily Purchase Balance is calculated by taking the daily beginning
balance of purchases, minus (I) the potion of pa a and credit
acqustmerts apPrted b the purchase balance. anderedit vouchers, plus (ti)
new purchases. debit wicha?a hit which are . in ft next and 1 i(exceptautoma Y
caty assessed fees billed on
balance). We will also add periodic Finance Charge calcutated on the prior
day's Daily Purchase Balance.
Pay the New Balance of Purchases in hill every month and (null no
Finance Chareg?ee all the NewBahux* of Pwchases. There is agrace period
of at least 25 days to avoid additional Finance Charge on the Wew Balance
of Purchases. Pay at least the New Balance of Purchases by the Dale
Payment Due sham on your current Staldhhent to avoid adddfonal
Finance Charge.
The try Cash Advance Balance is calcWaled by taking the daily,
beg' balanceofcashadvances. mirus()theportion of {sand
credit ixtnnents applied a the cash advance balance which may
Include usage charges assessed at automated teller machines). plus (1)
new cash advances and fees (except autornatically assessed lees billed
on cycle day which are included in the next day balance). We will also add
periodic. Finance charge calculated on the prior day's Daily Cash Ad-
vance.
An Additional Finance Charge will be added for each Cash Advance
transaction. Cash Advance transactions ate VISAJMasterCard checks
apndplied to count. Automated Teller Machin?ey(ATM)disbursements.
a cash ob by institution. The Additional FINANCyE CHACard at RGE w ill be 22% of thetaammount
Advanced (which may kmdnde usage charges assessed at automated
teller madvnes?, $2 rninirnan. 220 maxkraxn. .
Also, an addiitionat Finance charge will be added for the following types of
transactions which are reflected as purchases on your Statement wire
transfers, money orders, bets, lottery tickets and casino gamingdhips. The
additional Finance Charge will be 2% of the amount of the transaction. with
a 52 minimum and a $20 maximum. I
9. Application of Payments. Payments received at the mailing address
spec{ kn your Statement prior to 11. 0 a.m. on any business day will
be apptadon tx day received. Payments received after 11.00 a.m. on any
business day and payments received on any non-business day will be
applied the next business day. Payments received at any other location
may incur a delay in crediting to your Account. We havethe? nnigght to applypaytnents toyourAceohnt at our discretion. This
sPeaficelly kufudes, but is not limited to. the r' t to appal payments to
promotional balances prior b rwrrpromotinnal balances.
10. Entire Balance Due. If you (ail to make rho required payment when due
orbreak any promise in this Agreement. we may cladare the entire balance
of your Account due and payable at once witwut prior notice (subject to
applicable taw regarding notice or right to cure).
We may also make this dectaxa0m g-
• you make any false or misleading statements on your application
• you have been declared bankrupt
• you die
• there is an event that causes the prospect of payment to be significantly
unpaired.
11. Cancellation. We may cancel your Account, refuse Io allow rVrtther
transactions. including VISAtMasterCard checks, or revoke your Ca rd at
any time whether or not you are in delaull of any Part of this Agree rvNent. n the event
we take such action. we !Account due or revise the amount Of yirre the entire batanceot your
Your Mrnimunrh Payment (subject to
Proper twlilication as required by applicable law). Cancellation of V,,,,
Accountwglnotaffect your liability touslorcfedilwehave extended to you
including amounts nol yet biped to your Account. We may cancel your
Account without n9keorgabitily.Youmust surrender lheCafdeither p?
uppon ? ?i?ions. request of any other bank or merchant who is acting
12. Fomfgn Transactions. We will charge, andyou wig pay, in U.S. dollars
for all reign lram4.actions al the exdwnrhggee rate in effect the day before the
transacfhon processing date. As o! U" ptinling dale of this Agreement, the
exclhangq rate on VISA/MasterCard transactions is either a goveininenl-
mandated rate or a wholesale market rate, increased by 1%. The ex,
change rate used on the transaction processing dale may differ lrorn the
rate in effect on either the dale of your transaction or the date The
transaction is posted to your account.
1
time, and will 3. Change of Terms. We can charge the terms of this Agreeynent at any
law. This not notify it be In acootclance vvith Ohio law and rnaitedd the same address as we asend your
Statement. The new terms will affect all outstanding balances to the extent
not prohibited by Ohio law or applicable lederat law.
14. Other Provisions.
A) We have no responsibility for the failure of any machine. rherchanl.
ir>stilu6m, or other party to honor your Card.
(B) it action le required by Atlomeyysal by us you wtll pay the costs, ncluding
(C) Each credit card account you have with us is separate tram any others
Vie. Each credit card accourd will be represented seby account's
accout number. by a different
t S. Address Changes. You agree to notify us immediately in wnling it you
change your address.
16. lettaq dMion. This Agreement shat be governed by applicatNe
federal law and the laws of the Stale of Ohio. If any provision of [his
Agreement is held to be invalid, that will not affect the validity of the
remaining provisions.
YOUR BILLING RIGHTS
(Keep this notice for future use)
This notice contains important information about your rights and our
responsibilities under the Fair Credit Bitting Act.
Notify Us In Citse of Errors or Questions About Your Bill
If you it** your bill Is wrong, or V you need more information about a
transactonon bill. writetousonaseparatesheet attheaddress listed
oxhyowbil.W etousassomas possible. Wemust hear from younolater
than 60 days after we santyou the FIRST bit in which the error or problem
appeared You can telephone us, but doing so will not pre serve your rights.
In your letter, give us the blowing inforration:
• your name and account number
• the dollar amount of the suspected error
• describe the am and explain, it you can, why you believe were is an
eery tiff you need more information. describe the item you are not sure
• your signature and date.
if you haveautorized us to pay yourcredit card bit auloma ticany Iromh your
savings ordhecking account. you can stop the payment on any amounlyou
Think is wrong. To stop the payment, your letter must reach us three
business days before The automat-tic payment is scheduled to occur .
Your Rights and Our Responsibilities After We Receive Your Written
Notice
We must acknowledge your letter within 30 days, unless we have cor-
rected the error by then Within 90 days, we must either cnuerI the error
or explain why we believe the big was correct.
mIN 622-1
VERIFICATION
I verify that the statements made in the foregoing Civil Complaint are true and
correct upon my personal knowledge or information and belief. I understand that false
statements herein are subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn
falsification to authorities.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Assignee of Unifund CCR,
Plaintiff
vs. : CIVIL,-LAW
PAULA M. CHAMBERS, DOCKET NO.
Defendant
AFFIDAVIT OF NON-MIIdTARY 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 0day of 4/Wk, 2 06
Laurinda J. Voelcke Esquire
Attorney For Remit Corporation
Attorney ID 82706
36 West Main Street
Bloomsburg, PA 17815
(570) 387-1873
Request for Military Status
Page 1 of 2
Department of Defense Manpower Data Center OCT-31-2006 12:25:01
Military Status Report
Pursuant to the Servicemembers Civil Relief Act
Last
Name First/Middle Begin Date Active Duty Status Service/Agency
CHAMBERS PAULA M Based on the information you have furnished, the DMDC does not
possess any information indicating that the individual is currently on
active duty.
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 Military.
41t
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 Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act
[50 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly 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 active duty status by
contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have
evidence the person is on active-duty and you fail to obtain this additional Military Service
verification, provisions of the SCRA may be invoked against you.
If you obtain further 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 current active duty status only. For historical information, please contact the
Military Service SCRA points-of-contact.
See: llttp:%/www.defenselink.mil/fad/pis/IIC09SLDR.htm1
https://www.dmdc.osd.mii/scra/owa/scra.prc-Select 10/31/2006
Request for Military Status
Page 2 of 2
WARNING: This certificate was provided based on a name and Social Security number (SSN)
provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to
be provided.
Report ID: VWULHMBUHN
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 10/31/2006
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Assignee of Unifund CCR,
Plaintiff
vs.
CIVIL-LAW
PAULA M. CHAMBERS, 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: Paula M. Chambers
2365 Lambs Gap Road
Enola, PA 17025
Respectfully submitted,
A". 0&9'fz
Laurinda J. Voel er, Esquire
Attorney for Plaintiff
PA ID #82706
Remit Corporation
36 West Main Street
Bloomsburg, PA 17815
570-387-6470
1 i' I J
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Assignee of Unifund CCR,
Plaintiff
vs.
CIVIL-LAW
: DOCKET NO. t% -
PAULA M. CHAMBERS,
Defendant
ENTRY OF APPEARANCE
Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the
above captioned matter.
Respectfully Submitted,
THE REMIT CORPORATION
4
LAURINDA J. VO LCKER, ESQUIRE
Attorney No. 82706
36 W Main St
Bloomsburg, PA 17815
(570) 387-1873
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SHERIFF'S RETURN - REGULAR.
CASE NO: 2006-06630 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
REMIT CORPORATION
VS
CHAMBERS PAULA M
SHANNON SHERTZER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE was served upon
CHAMBERS PAULA M the
DEFENDANT , at 2020:00 HOURS, on the 1st day of December , 2006
at 2365 LAMBS GAP ROAD
ENOLA, PA 17025
PAULA CHAMBERS
by handing to
a true and attested copy of COMPLAINT & NOTICE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service 10.56
Affidavit .00
Surcharge 10.00 R. Thomas Kline
38.56,/ 12/04/2006
`; j.I a 71? 4 THE REMIT CORPORATION
Sworn and Subscibed to By:
before me this day Deputy heriff
of A. D.
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Assignee of Unifund CCR,
Plaintiff
vs.
PAULA M. CHAMBERS,
Defendant
CIVIL-LAW
DOCKET NO. 06-6630 CIVIL
PRAECIPE FOR JUDGMENT AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment against Defendant in the above captioned matter as follows:
Real debt $11,393.05
Attorney Fees $ 1,457.79
Costs $ 94.06
Default judgment $ 9.00
Interest from 11/16/06: $ 113.93
Total: $13,067.83
Kindly assess damages against Defendant in the sum of $13,067.83 plus continuing interest at
the statutory rate of 6%.
BY:
Laurinda J. Voel r, Esquire
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Assignee of Unifund CCR,
Plaintiff
vs.
PAULA M. CHAMBERS,
Defendant
CIVIL-LAW
DOCKET NO. 06-6630 CIVIL
TO: Paula M. Chambers
2365 Lambs Gap Road
Enola, PA 17025
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceeding as indicated below.
Judgment by Default
Money Judgment
Judgment in Replevin
Judgment of Possession
Judgment on Award on Arbitration
Judgment on Verdict
Judgment on Court findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY: LAURINDA J. VOELCKER, ESQUIRE
AT THIS TELEPHONE NUMBER: 570-387-1873
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Assignee of Unifund CCR,
Plaintiff
vs.
CIVIL-LAW
PAULA M. CHAMBERS, DOCKET NO. 06-6630 CIVIL
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 Notice by regular mail to Defendant on December 26, 2006.
BY.
Laurinda J. Vo cker, Esq.
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Assignee of Unifund CCR,
Plaintiff
vs.
PAULA M. CHAMBERS,
Defendant
CIVIL-LAW
DOCKET NO. 06-6630 CIVIL
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
TO: Paula M. Chambers DATE OF NOTICE: December 26, 2006
2365 Lambs Gap Road
Enola, PA 17025
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, P.O. Box 186
Harrisburg, PA 17108
800-692-7375
717-238-6807
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
REMIT CORPORATION
Laurinda J. Voe cer, Esquire
Remit Corporation
PO Box 7
Bloomsburg, PA 17815
570-387-1873
Mailed to:
Paula M. Chambers
2365 Lambs Gap Road
Enola, PA 17025
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N006-6630 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Remit Corporation, assignee of Unifund CCR 36 W.
Main St., Bloomsburg, PA 17815 Plaintiff (s)
From Paula M. Chambers
2365 Lambs Gap Rd.
Enola, PA 17025
(1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal
property which can be found of the Defendants.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$13,067.83
Interest $196.02
Atty's Comm %
Atty Paid $2.50
Plaintiff Paid $127.06
Date: May 15, 2007
(Seal)
REQUESTING PARTY:
Name Laurinda J. Voelcker, Esq.
Address: 36 W. Main St.
Bloomsburg, PA 17815
L.L.$.50
Due Prothy $2.00
Other Costs
Curtis R ong, Pr of ry
By:
Deputy
Attorney for: Remit Corporation
Telephone: (570)387-1873
Supreme Court ID No. 82706
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Captim. e t C p? ?)DYO- A C) V-) ? Confessed Judgment
CSC ?c e c L????ix n a CC ;'Other
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File No. 0_ 6f? i $V;
l?Ac?o r "s 6,L , ?)l, r A' 1 ; Amormt Due ' / 3? 06 71 vs . Interest I . o a
W\ C ""` 4' e rS Atty's Comm
4z3L L-a ???5 Q oo A Costs
TO THE PR ONOTA?Y10 OTM SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale,
contract, or account based our a confession of judgment, but if it does, it is based on the appropriate original
procceding filed pursuant to act 7 of 1966 as amandod; and for real property pursuant to, Act 6 of 1974 as
amended.
Issue writ of execution in the above mattier to the Sheriff of C. U rn L Gr 14 rl
County, for debt, interest and costs, upon the following described property of the defendant (s) ,.
PRAECEM FOR ATTACE [MENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest
and costs, as above, directing attachment against the above-named garnishee(s) for the following property
(if real estate, supply six copies of the description, supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
f s) described in the attached exhibit.
Date Signature: 1
Print Name: L?L1 u 0. ?? , a e. k e
Address: 3L, Lo • MO-L n S?ree
to??u0?i-??lS
Attorney for: m i z a f "bYl
Telephone: ('PD O m - Q- a
,N*cate) Index this writ against the garnishee (s) as a lis pendens against real estate of the
Supreme Court ID No: ?'? OLe
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION
Assignee of Unifund CCR,
Plaintiff, CIVIL-LAW
V.
PAULA M. CHAMBERS, : DOCKET NO. 06-6630 CIVIL
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 M A4 `A4 , 2007
taurinda J. Voelcker, Esquire
Attorney For Remit Corporation
Attorney ID 82706
36 West Main Street
Bloomsburg, PA 17815
(570) 387-1873
Request for Military Status
Department of Defense Manpower Data Center
0 Military Status Report
Pursuant to the Servicemembers Civil Relief Act
Page I of 2
APR-25-2007 11:08:02
C Last Name First/Middle Begin Date Active Duty Status Service/Agency
CHAMBERS PAULA M Based on the information you have furnished, the DMDC does not
possess any information indicating that the individual is currently on
active duty.
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 Military.
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 Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act
[50 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly 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 fiuther verification of the person's active duty status by contacting that person's
Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on
active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA
may be invoked against you.
If you obtain further 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 current active duty status only. For historical information, please contact the
Military Service SCRA points-of-contact.
See: ham://www.defenselink.mil/faa/?is/PC09SLDR.html
WARNING: This certificate was provided based on a name and Social Security number (SSN) provided.
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 04/25/2007
Request for Military Status
Page 2 of 2
by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided.
Report ID. VPHQQLnWR
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 04/25/2007
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION
Assignee of Unifund CCR,
Plaintiff, CIVIL-LAW
V.
PAULA M. CHAMBERS, DOCKET NO. 06-6630 CIVIL
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: Paula M. Chambers
2365 Lambs Gap Road
Enola, PA 17025
Respectfully submitted,
Laurinda J. Voel er, Esquire
Attorney for Plaintiff
PA ID #82706
Remit Corporation
36 West Main Street
Bloomsburg, PA 17815
570-387-6470
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N006-6630 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due Remit Corporation, assignee of Unifund CCR 36 W.
Main St., Bloomsburg, PA 17815 Plaintiff (s)
From Paula M. Chambers
2365 Lambs Gap Rd.
Enola, PA 17025
(1) You are directed to levy upon the property of the defendant (s)and to sell any and all personal
property which can be found of the Defendants .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an'subject to,attachment is found in the possession
of anyone other than a named garnishee, you are directed to,notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due$13,067.83
Interest $196.02
Atty's Comm o
Atty Paid $2.50
Plaintiff Paid $127.06
Date: May 15, 2007
L.L.$.50
Due Prothy $2.00
Other Costs
(Seal)
Deputy
REQUESTING PARTY:
Name Laurinda J. Voelcker, Esq.
Address: 36 W. Main St.
Bloomsburg, PA 17815
Attorney for: Remit Corporation
Telephone: (570)387-1873
Supreme Court ID No. 82706
DCv ? 13 d
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this
Writ is returned Expired.
Sheriffs Costs: Advance Costs: 150.00
Sheriff s Costs 72.49
Docketing 18.00 77.51
Poundage 1.43
Advertising
Law Library .50
Prothonotary 2.00 Refunded to Atty on 08/13/08
Mileage 10.56
Misc.
Surcharge 20.00
Levy 20.00
Post Pone Sale
Certified Mail
Postage
Garnishee
TOTAL 72.49 ??Q? Answers;
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R. Th mas Kline, Sheri ff
By
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION
Plaintiff
CIVIL ACTION - LAW n
VS. : o
NO. 06-6630
PAULA M. CHAMBERS
Defendant
ASSIGNMENT OF JUDGMENT=-
KNOW ALL MEN BY THESE PRESENTS, that Remit Corporation in consideration f thy'
prior contractual agreement between the parties, the receipt and sufficiency of which is
acknowledged, does hereby grant, bargain, transfer, assign and make over to Unifund
Corporation of 10625 Techwoods Cr, Cincinnati, Hamilton County, Ohio, 45242 (hereinafter
"Unifund"), its successors and assigns, a certain Judgment recovered by Remit Corporation of 36
West Main St, Bloomsburg, Columbia County, Pennsylvania 17815, in the Cumberland Court of
Common Pleas, Cumberland County, Pennsylvania, filed to docket number 06-6630 against
Defendant, PAULA M. CHAMBERS, for the sum of $11,543.99 which constitutes damages and
costs of suit, plus interest at 6.00% annum from 01/16/2007, together with all the benefits and
advantages that may be obtained thereby, and full power to enforce and recover the Judgment to
Unifund's own use. Remit Corporation, further authorizes and Empowers the Prothonotary or
any attorney on behalf of the Assignee to mark said Judgment to the Assignee's use.
*9.00 AfJ ATrY
Ipso
I?? a39 Asa
IN WITNESS WHEREOF and intending to be legally bound hereby,
Remit Corporation, hair executed this Assignment 3 this 6 day of , 2010.
Laurinda 6J. VoeIG r
General Counsel
Remit Corporation
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION
Plaintiff
VS.
: CIVIL ACTION -LAW
NO. 06-6630
PAULA M. CHAMBERS
Defendant
PRAECIPE TO MARK JUDGMENT TO USE OF ASSIGNEE
TO: PROTHONOTARY:
Please mark the Judgment entered in the above captioned case against the
Defendant(s), PAULA M. CHAMBERS, to and for the use of Unifund Corporation, Assignee,
as per Assignment of Judgment, a copy of which is attached hereto and made a part hereof as
Exhibit A.
DATED: BY:
Laurinda J. Voel , r, Remit Corporation
JUDGMENT MARKED TO USE OF ASSIGNEE
AND NOW, to wit, this day of
the Judgment entered in the above captioned case against the Defendant (s),
PAULA M. CHAMBERS, is hereby marked to and for the use of Unifund Corporation.
Prothonotary