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HomeMy WebLinkAbout08-0334IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, Plaintiff VS. CIVIL-LAW DOCKET NO. 08 TIMOTHY J. BOWSHOT, 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Pennsylvania Lawyer Referral Service 100 South Street, PO Box 186 Harrisburg, PA 17108 800-692-7375 717-238-6807 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 LAURINDA J. 310E'LCKER, 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 TIMOTHY J. BOWSHOT, 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 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, Timothy J. Bowshot, is an adult individual residing at 319 College Hill Road, Enola, Cumberland County, Pennsylvania 17025. 3. Defendant obtained a First USA Bank Mastercard credit card on or about May 20, 1996, from Bank One Corporation, (hereinafter "original creditor"), Account number 5417 1225 3412 4753. Bank One Corporation was subsequently acquired by Chase Bank USA, National Association. 4. Unifund CCR Partners purchased the account of Timothy J. Bowshot from Chase Bank USA, National Association. 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 $20,772.11 with interest continuing to accrue at 6.00% per annum. 6. Defendant's last payment on this account was made on or about November 1, 2004. 7. To date the balance is $17,930.28 principal and $2,841.83 interest for a total of $20,772.11. 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/her account. 10. The reasonable charges and expenses owing for the credit card purchases, cash advances, balance transfers, fees and interest is $20,772.11. 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 $20,772.11. 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 $20,772.11 together with interest, costs, attorney fees and such finther 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 Defendant 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 he received the same to Defendant's benefit. 18. The total reasonable value of the Defendant's use of the credit extended by original creditor is $20,772.11. 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 Plaintiff's assignment of this account, Defendant is indebted to the Plaintiff in the amount of $20,772.11. WHEREFORE, Plaintiff, Remit Corporation, assignee of Unif ind CCR Partners, demands judgment against Defendant in the amount of $20,772.11, together with interest, costs, attorney fees and such further and additional relief as this Honorable Court deems just and equitable. COT TNT 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 Defendant is allowed to retain the benefit resulting from Defendant's 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 Defendant's 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 $20,772.11. 28. By virtue of the Plaintiff's assignment of this account, Plaintiff, Remit Corporation is entitled to $20,772.11 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 $20,772.11 together with interest, costs, attorney fees and such further and additional relief, as this Honorable Court deems just and equitable. Respectfully submitted, Laurinda J. Voelck , 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 a debt due to the undersigned from: BOWSHOT, TIMOTHY J # 446434 5417122534124753 for the sum of $20,772.11 arising from unpaid credit card services with interest accruing at 6.00% 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. 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 26th day of October, 2007. Authorized Signature: Joseph Lutz Unifund CCR Partners EXFIIB? AFFIDAVIT OF INDEBTEDNESS State of Ohio ) County of Hamilton ) ss. Kim Kenney, being sworn, deposes and says that she is an authorized representative of Unifund CCR Partners, servicer, which is doing business at 10625 Techwoods Circle, Cincinnati, Ohio 45242, and that she is authorized to make the following statements and representations which are within her personal knowledge, and that she is competent to testify to the matters stated herein. To the best of her knowledge the Defendant is not now in the Military Service as defined in the Soldier's and Sailor's Civil Relief Act of 1940 and amendments thereto. There is due and payable from TIMOTHY J BOWSHOT, Account Number 5417122534124753, the amount of $20733.79. This account was issued under the name of FIRST USA BANK NA and acquired from Chase Bank USA NA. Said account has been forwarded to REMIT Corporation, as attorney for Plaintiff' Unifund CCR Partners, for the purpose of the commencement of a legal suit, with full power and authority to do and perform all acts necessary for the collection, adjustment, compromise or satisfaction of said claim as permitted by law. I do solemnly declare and affirm under the penalties of perjury that the matters set forth above are true and correct to the best of my knowledge. M?r ATED this 10/07/2007 UYIFUND CCR PARTNERS By: Kim Kenney, Authorized Representative Title 10625 Techwoods Circle, Cincinnati, OH 45242 Address I hereby certify that on 10/07/2007, before me, the subscriber, a Notary Public for the State/County aforesaid, personally appeared the above-stated affiant, and made oath in due form of law. ?--? JEt1NIFER AD CAN max. t>> ??nf ?LI? 0 F "10 r ,?+ Ores ??tY Ode o12 00 \\\,yw 634 %s? arF' IOFOX My commission Expires I EXHIB- 1 lot ?° q¢y k -It P. ? ash. .4 tip _o g WW _j _j 1 ? 131 !?I ?g5 'Ft L ? R .q ? ? 6? "????? ?; s6 QpQ?' g? pp, a" 6p•.??1i ?A ?Rlay ? 5. ? ii C Q S W ?' J o• a i 6 wit Q? ILF ¦ gy8 +i X5'74 gig R a FI g 92 r Is 1 R g aR? 5'a??5 It -till I I Afflfl 0 B A s ? Spi s? ? ilk iQa [N E l 8 i4 oil Its ?S R ,, s B- lit FES a F Z4 ' E G¢ 5 3 R s Ew 1_19t, 4H i .W1 111R a y r ills fill. ITI ?rR tit C •? ? 4 ? 6? .IF t rjrOjiit QA.1101. ?6} O aE SSA & 0 0. g b e ? Z lit ;it e ?s a? fit S q a wr, if] P. I? C y $ 4 wit um Kq Ila 'E ..£ a I QQ R Gig a g? $ ? ?rr lit R ?. e [All P 2 g' @• a• It el s §l1; rg. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, Plaintiff VS. : CIVIL-LAW TIMOTHY J. BOWSHOT, 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 th> of [ ??/ ? 2007 s? day , Laurinda J. Voelckd, 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 Military Status Report pursuant to the Servicemembers Civil Relief Act -. Last Name First/Middle Begin Date Active Duty Status fitlps://www.dmdc.osd.mil/scralowa/scra.prc_Select NOV-28-2007 09:18:49 Service/Agency BOWSHOT Timothy J 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. §§ 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: http://www.defenselink.mil/fag/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided 1 of 2 11/28/2007 12:18 PM Request for Military Status https:/Iwww.dmdc.osdl.mil/scra/owa/scra..prc_Select by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: BHAQgTHHGLR 2 of 2 11/28/2007 12:18 PM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, Plaintiff VS. : CIVIL-LAW TIMOTHY J. BOWSHOT, 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: Timothy J. Bowshot 319 College Hill Road Enola, PA 17025 Respectfully submitted, Laurinda J. Voe cker, Esquire Attorney for Plaintiff PA ID #82706 Remit Corporation 36 West Main Street Bloomsburg, PA 17815 570-387-6470 0b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, Plaintiff vs. TIMOTHY J. BOWSHOT, Defendant CIVIL,-LAW DOCKET NO. d g - ?3 y Ci."L'-T" ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully Submitted, THE REMIT CORPORATION LAURINDA . VOELCKER, ESQUIRE Attorney No. 82706 36 W Main St Bloomsburg, PA 17815 (570) 387-1873 -7 ?l'1 i , t REMIT CORPORATION, Plaintiff, V. Timothy J. Bowshot, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY Docket No.: 2008-CV-334 PRELIMINARY OBJECTIONS FILED BY DEFENDANT AND NOW COMES Defendant, by and through his counsel, and files these Preliminary Objections pursuant to Pa.R.C.P. 1019, Pa.R.C.P. 1024, and the following: 1. INTRODUCTION 1. Plaintiff commenced the above-captioned action in this Honorable Court by filing a civil Complaint on or about January 16, 2008. 2. Plaintiff seeks damages pursuant to a credit card agreement with First USA Bank, however, a complete copy of the signed contract is not attached to the Complaint. 3. According to the Plaintiff, First USA Bank, sold, transferred, assigned the account to Chase Bank, USA. 4. According to the Plaintiff, Unifund CCR Partners is the current owner of the alleged debt. 5. Plaintiff disputes the alleged debt. 6. Defendant never received notice that his account was transferred to Chase Bank, USA, or to Unifund CCRPartners.. 7. Plaintiff never received an opportunity to dispute the alleged debt. 8. Plaintiff asserts that it has legal authority to bring this Action, because it is an assignee of Unifund CCR Partners. 9. Under Pennsylvania law, 18 Pa.C.S. §7311, the assignment from the creditors must be in writing. 1 ` 10. Unifund CCR Partners is not the creditor and as such, would require an assignment in writing from Chase Bank, USA. 11. Plaintiff demands the amount of $20,772.11, which includes interest, fees and costs. See Paragraph 5 of the Complaint 12. Plaintiff is entitled to an accounting of how the amount was calculated by both First USA and Chase Bank and Unifund CCR Partners. 13. Remit Corporation is a debt collector pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §1692a(4), (5) and (6). 14. Unifund Partners is a debt collector pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §1692a(4), (5) and (6). 15. Laurinda J. Voelcker, Esquire, is a debt collector pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §1692a(4). (5) and (6). 16. At this time, without verifying the actual contract and any amendments made thereto, Defendant cannot ascertain whether assignment is proper. 17. At this time, without verifying an accounting of the alleged debt, Defendant cannot determine who added interest, fees and costs since Unifund CCR Partners could have added interest we do not know at what rate, etc. 18. At this time, without verifying the actual contract and any amendment made thereto, Defendant cannot ascertain whether an arbitration clause may exist and as such, Plaintiff would be barred from bringing this case. 1 Il. LEGAL ARGUMENT 19. The alleged consumer debt in question involves a credit card agreement between the Defendant and several third parties, not part of this Action, including Unifund CCR Partners, Chase Bank and First USA Bank. (Hereinafter Agreement) 20. Plaintiff failed to attach a copy of the signed agreement and any and all amendments to that agreement that may pertain to the Defendant. 21. Pennsylvania law requires that Plaintiff have a valid assignment of the alleged debt prior to having authority to collect same. 18 Pa.C.S. §7311(a)(1) and (2). 22. Plaintiff failed to attach the chain of title, showing that Unifund CCR Partners had the legal authority to collect the alleged debt from both First USA and Chase. 23. Pennsylvania law requires Plaintiff to have proper documentation in order to collect interest, fees and/or costs. 18 Pa.C.S. §7311(b)(1). 24. Plaintiff failed to attach the proper documents to its Complaint, that would show it has authority to collect interest, fees and/or costs. 25. Plaintiff failed to attach any written documentation showing how it calculated the alleged debt. 26. Plaintiff failed to afford Defendant the opportunity to dispute the alleged debt, in accordance with the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. 27. Plaintiff failed to afford Defendant any rights in the collection of the alleged debt, pursuant to 15 U.S.C. § 1692 et seq., as well as Pennsylvania Fair Credit Extension Uniformity Act, 73 P.S. §2270 et seq. 28. Plaintiff alleged no facts to demonstrate that it has the legal authority to collect the alleged debt. r ? + I 29. The Plaintiff's Complaint should be dismissed because Plaintiff s Complaint is based on various written documents, not attached to the Complaint. 30. The Plaintiff s Complaint lacks subject matter jurisdiction over the defendant as the defendant does not owe any monies to the Plaintiff and Plaintiff has yet to prove that it stands in the position as the original creditor. 31. Plaintiffs Complaint fails to conform to Pa.R.C.P. 1019. 32. Plaintiffs Complaint fails to conform to Pa.R.C.P. 1024. 33. Plaintiff failed to provide sufficient information to verify its Complaint. 34. Plaintiff is time-barred from bringing this action. 35. Defendant requests that Plaintiff provide proof as to how the alleged debt was calculated. WHEREFORE, the Defendant respectfully requests that this Honorable Court, dismiss Plaintiff s complaint with prejudice. Dated: 1/30/08 Certificate of Service: By: /s/Deanna Lyn Saracco Deanna Lynn Saracco, Attorney for Defendant 76 Greenmont Drive, Enola, PA 17025 Telephone 717-732-3750 Fax 717-728-9498 Email: SaraccoLaw@aol.com I hereby certify that a true and correct copy of the foregoing was served on attorney for the Plaintiff via U.S. First Class Mail as follows: Laurinda J. Voelcker, Esquire Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Dated: 1/30/08 By:/s/Dean a n Saracco 'Lti 1y? tti3 1 ITt ? SHERIFF'S RETURN - REGULAR CASE NO: 2008-00334 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND REMIT CORPORATION VS BOWSHOT TIMOTHY J KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BOWSHOT TIMOTHY J the DEFENDANT , at 2028:00 HOURS, on the 16th day of January , 2008 at 319 COLLEGE HILL ROAD ENOLA, PA 17025 by handing to TIMOTHY BOWSHOT a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge (? 18.00 14.40 .00 10.00 .00 f-42.40 So Answers: / R. Thomas Kline 01/17/2008 REMIT CORPORATI N Sworn and Subscibed to By: before me this day of , A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, Plaintiff VS. : CIVIL-LAW TIMOTHY J. BOWSHOT, DOCKET NO. 08-00334 Defendant PRAECIPE TO WITHDRAW COMPLAINT To The Prothonotary: Please withdraw the complaint filed by the Plaintiff, REMIT CORPORATION, against Defendant, TIMOTHY J. BOWSHOT. Respectfully Submitted, THE REMIT CORPORATION LAURINDA VOELCKER, ESQUIRE Attorney ID 82706 Attorney for Plaintiff The Remit Corporation 36 W Main St PO Box 7 Bloomsburg, PA 17815 Telephone 570-387-6470 Fax 570-387-6474 a? X s!J -n v? 4- 1' d' IV Deanna Lynn Saracco Attorney for Defendant/Petitioner Attorney ID477414 76 Greenmont Drive Enola, PA 17025 717-732-3750 REMIT CORPORATION, Plaintiff/Respondent V. Timothy J. Bowshot, Defendant/Petitioner. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No.: 08- 2008-CV-334 Civil Term DEFENDANT'S PETITION FOR RULE TO SHOW CAUSE ORDER AND NOW, this 23rd day of June, 2008, comes the Defendant/Petitioner, by and through his/her attorney, Deanna Lynn Saracco, and respectfully requests that this Honorable Court issue a Rule upon Plaintiff/Respondent, to Show Cause pursuant to Cumberland County L.R. 206.4, Pa.R.Civ.P. 208.3(a) and submits the following in support hereof: 1. Plaintiff/Respondent filed a Complaint against the Defendant/Petitioner on January 16, 2008. 2. The basis of the suit is for an alleged debt, (See Plaintiff's Complaint, paragraphs 3-5); however the Plaintiff/Respondent failed to demonstrate that it has the legal authority to collect the debt and/or to file suit against the Defendant/Respondent, pursuant to 18 Pa.C.S. §7311 et seq. 3. The Plaintiff/Respondent failed to demonstrate how the alleged debt was calculated and failed to provide the Defendant/Petitioner an opportunity to dispute the alleged debt pursuant to federal law, 15 U.S.C. § 1692 et seq., also known as the Fair Debt Collection Practices Act. V 4. Defendant/Petitioner filed Preliminary Objections on February 1, 2008. 5. More than twenty (20) days passes since service has been made and to date, the Defendant/Petitioner has not received a response to the Preliminary Objections. 6. Plaintiff/Respondent should be required to Show Cause as to why the Preliminary Objections should not be granted and judgment entered in favor of the Defendant/' Petitioner. Pursuant to Pennsylvania Rule of Court 206.5(b), a proposed Order in the form prescribed by subparagraph (d) of the Rule is attached hereto. WHEREFORE, Defendant/Petitioner respectfully requests that this Honorable Court issue a Rule to Show Cause upon Plaintiff/Respondent to show cause as to why the Preliminary Objections to the Complaint should not be granted and judgment be entered in favor of the Defendant/Petitioner. Dated: Respectfully submitted, By: ka, Deanna Lynn Saracco Attorney for Defendant/Petitioner 76 Greenmont Drive, Enola, PA 17025 717-732-3750 Certificate of Service: I hereby certify that true and correct copy of the foregoing Rule to Show Cause was served on Plaintiff/Respondent, via U.S. First Class Mail, postage prepaid, as follows: Laurinda J. Voelcker, Esquire Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Dated: By: Deanna Lynn Saracco r? ? r ',` ?? r, „+S ? ^?.. ? _ "^?^? ?.. .t. ?? `?f ??" •,; `" i REMIT CORPORATION, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TIMOTHY J. BOWSHOT, DEFENDANT NO. 08-0334 CIVIL ORDER OF COURT AND NOW, this 7t' day of July, 2008, upon consideration of the Defendant's Petition for Rule to Show Cause Order, and the Defendant being unaware that there was a Praecipe to Withdraw the Complaint filed by the Plaintiff on April 9, 2008, IT IS HEREBY ORDERED AND DIRECTED that the Defendant's Petition for Rule to Show Cause is deemed moot and the case is considered CLOSED. Laurinda J. Voelcker, Esquire Attorney for Plaintiff Deanna Lynn Saracco, Esquire ZY&4114 Attorney for Defendant M. L. Ebert, Jr., 7. o? a? a bas By the Court, d+NVAI)--,SNN3d LE.£Wd L-I MWD?