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HomeMy WebLinkAbout11-5826IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 11 _ 5u(o 0'-wirrem -=-------------------------------------------------------------X PRIDE ACQUISITIONS LLC, DOCKET NO. ASSIGNEE OF CHASE BANK USA, N.A. OUR FILE NO: 1014589 100 HERRICKS RD, SUITE 200 MINEOLA, NEW YORK, 11501 Plaintiff -vs- DANIEL P KILHEFFER 3 50 UNION HALL RD, CARLISLE, PA 17013 8300 Defendant, --------------------- x NOTICE TO DEFEND G' G? C- -n - CIVIL ACTVi?- I W ' Uri D 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 is 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. THAT OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THAT 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. Cumberland Co. Bar Association 32 South Bedford Street, CARLISLE, PENNSYLVANIA, 17013 (800) 990-9108 #9a.00 Pa ATry C * 1,49 l &a&aaao IN THE COURT OF COMMON PLEAS OF L CUMBERLAND COUNTY, PENNSYLVANIA ---------------------------------------------------------------X PRIDE ACQUISITIONS LLC, NO. DE EPIGRAFE: ASSIGNEE OF CHASE BANK USA, N.A. NUMERO DE EXPEDIENTE: 100 HERRICKS RD, SUITE 200 1014589 MINEOLA, NEW YORK, 11501 Demandante -vs- DANIEL P KILHEFFER 350 UNION HALL RD, CARLISLE, PA 17013 8300 CIVIL ACTION - LAW Demandado, X NOTICIA USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o objeciones a las demandas puestas en esta contra usted. Usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamado en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. Usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Cumberland Co. Bar Association 32 South Bedford Street, CARLISLE, PENNSYLVANIA, 17013 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ---------------------------------------------------------------X PRIDE ACQUISITIONS LLC, DOCKET NO. ASSIGNEE OF CHASE BANK USA, N.A. OUR FILE NO: 1014589 100 HERRICKS RD, SUITE 200 MINEOLA, NEW YORK, 11501 Plaintiff COMPLAINT -vs- DANIEL P KILHEFFER 3 50 UNION HALL RD, CARLISLE, PA 17013 8300 Defendant, X Plaintiff, by its attorneys, complaining of the defendant, respectfully alleges: CIVIL ACTION - LAW 1. PRIDE ACQUISITIONS LLC is a DELAWARE limited liability company with a place of business of 100 HERRICKS RD, SUITE 200, MINEOLA, NEW YORK, 11501. 2. The Defendant, DANIEL P KILHEFFER, is an individual, residing at 350 UNION HALL RD, CARLISLE, PA 17013 8300 3. Pursuant to an agreement made with Plaintiffs predecessor in interest, CHASE BANK USA, N.A., credit was extended to Defendant(s) or Defendant(s) incurred debt to Plaintiffs predecessor through the use of the credit card, account number ending in * * * * * * * * * * * *3975. Plaintiff purchased thi s account and now owns it. 4. At all relevant times, Defendant was a cardmember on the Account, and responsible for paying all amounts charged to the Account. 5. Defendant herein accepted and used the Card, by doing so Defendant agreed to all of the terms and conditions set forth in the Agreement. 6. Defendant assented to the terms and conditions governing the account during the time period in which the Card was utilized and maintained by Defendant, as provided by CHASE BANK USA, N.A. for the Account. 7. Annexed hereto as Exhibit "A" and incorporated herein are true and correct copies of Account statements issued by CHASE BANK USA, N.A. to defendant, indicating usage and acceptance of the Card, the Account and the terms and conditions thereof. 8. Defendant defaulted by failing to make payments required by the Agreement, leaving an outstanding balance of $ 28,087.28 as of the date hereof, of which no part has been paid despite due demand therefor. COUNT 1 - BREACH OF CONTRACT 9. Plaintiff incorporates by reference the averments of paragraphs 1 through 8. 10. Defendant failed to make the minimum payments specified on the statements. 11. By reason of the foregoing, Defendant breached the Agreement with CHASE BANK USA, N.A., the original creditor. 12. Despite due demand, Defendant has failed to pay CHASE BANK USA, N.A. or plaintiff the outstanding balance. t3. As a result of the breach, Defendant is liable to Plaintiff for the sum of $ 28,087.28. WHEREFORE, Plaintiff demands judgment against Defendant on Count 1 in the sum of $ 28,087.28, plus interest. COUNT 2 - UNJUST ENRICHMENT (In the alternative to Count 1) 14. Plaintiff incorporates by reference the averments of paragraphs 1 through 13 15. Defendant, by the use of the credit card and the extension on credit received the benefit of same which was given on said credit account and has failed to make payment for the receipt of said benefit. 16. As a direct result of the receipt of the benefit of the extension of credit understanding as above, the Defendant has been unjustly enriched in the amount of 28,087.28, to Plaintiffs detriment. WHEREFORE, Plaintiff demands judgment in its favor against Defendant on Count 2 in the sum of $ 28,087.28, with interest, costs and disbursements as permitted by law. Respectfully FrYn'cis . Grimes, Esq., PA Su eme Court ID 62404 ( BAK , SANDERS, BARSHAY, GROSSMAN, FAS , MUHLSTOCK & NEUWIRTH, LLC Attorneys for Plaintiff 804 WEST AVENUE JENKINTOWN, PENNSYLVANIA 19046 Tel: (215) 576-1900 VERIFICATION 1, William Denninger, an Officer of Pride Acquisitions, LLC, the within Plaintiff, verify that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that this verification is made subject to the penalties of 18 Pa. C. S. Sections 4904, relating to unsworn falsification to authorities. July 13, 2011 State of New York) ) SS. : County of Nassau) fk `• Notary Public nnmger Pride Acquisitions, LLC Officer Arnold Pooran Notary Public - State of New York No. 01 PO6232753 Qualified in Queens County RE: DANIEL P KILHEFFER Commission Expires December 27, 2014 ************3975 Our File No.-1014589 EXHIBIT - A Payment Due Date New Balance Past Due Amount Minimum Payment 1 09118/08 $28,D87.28 $5,275.00 $9,783.28 Account number: 5422 4320 5123 3975 ` Make your check payable to: QW Chase Card Services. Please write an-cuni enclosed. New address or a-mail? Print on back 54224320512339750097832802808728000000000000001 03378 BEX Z 23609 D DANIEL P KILHEFFER 350 UNION HALL RD CARLISLE PA 17013-8300 In rlllnrlllrrnrrilnllr1rr11oil lrllprllrnrlrl.Ilrrrso loll 1:5000 L60 261: 468 205 12 3397 5311' CARDMEMBER SERVICE PO BOX 15153 WILMINGTON DE 19886-5153 Statement Dale: CHASE ?i 07/25/09 - 08124109 ® Manage youraccount online: W- chase corn/credilcards Minimum Payment: $9,783.28 Payment Due Date: 09/18/09 Additional contact information conveniently located on reverse side ?Wlo ACCOUNT SUMMARY Account Num Previous Balance $27,446.59 Total Credit Line $24,500 Finance Charges .$640.69 Available Credit $0 New Balance $28,087.28 Cash Access Line $24,500 Available for Cash $0 The outstanding balance on your credit card account is scheduled to be written off as a bad debt shortly. As a result, your credit bureau will be updated with a negative rating that could Last for up to seven years. We can still help, but you need to call us now at 1-888-792-7547 (collect 1-302-594-8200). FLEXIBLE REWARDS SUMMARY Previous Points Balance 0 Thank you for using the credit card that earns Points Earned on Purchases This Period 0 rewards that can be used for travel, gift cards, Points Earned Through Chase Rewards Plus 0 cash, or merchandise. Remember, you can New Total Pants Balance 0 earn points by using you Flexible Rewards credit card for everyday purchases like groceries, gas, and drugstore purchases. Your Chase Flexible Rewards credit card earns 1 point for every $1 you spend on purchases. Earn up to an additional 10 points while shopping online through www.chase.com/rewardsplus. Add authorized users, and sign up to have your monthly bits charged to your card, too. Why not get rewards for all those purchases too? It's that simple. Simply go chase.com/rewards to choose your reward today! Redeem your points anytime, or just check out new offers at www.chase.com/rewards. FINANCE CHARGES Finance Charge Transaction Daily Periodic Rate Cotresp. Average Daily Due To Fee / Accumulated FINANCE Category 31 days in cycle APR Balance Periodic Rate Service Charge Fin Charge CHARGES Purchases V.07463% 27.24% $340.98 $7.89 $0.00 $0.00 $7.89 Cash advances V.07463% 27,24% $0.00 $0.00 $0.00 $0.00 $0.00 Convenience check V .07463% 27.24% $24,973.81 $577.78 $0.00 $0.00 $577.78 Balance transfer V.07463% 27.24% $2,378.06 $55.02 $0.00 $0.00 $55.02 Total finance charges $640.69 Effective Annual Percentage Rate (APR): 27.24% Please see Information About Your Account section for balance computation method, grace period, and other important information. The Corresponding APR is the rate of interest you pay when you carry a balance on any transaction category. The Effective APR represents your total finance charges - including transaction fees such as cash advance and balance transfer fees - expressed as a percentage. This Statement is a Facsimile - Not an original 0000001 FIS33338 DO 000 N Z 24 09/Oe/24 Page 1 pl 1 )666F MA MA 77:79 23c`00000800003+7Rf1t X 005,^ Address Change Request Please provide information below only if the address information on front is incorrect. Street Address: - -------------------- city: - ------------- State: -- Zip ----- --- Home Phone: -_- --- ---- Work Phone: --- --- ---- E-mail Address: - ----------------------- so To contact us regarding your account: © By Telephone: In U.S. 1-800-945-2000 ' ® ,fit _ U E speiiol 1-888-446-3308 Send Inquiries to: Mail Psymerds to: Visit Our Webstte: Ti 1-800-955-8060 Pay by phonet-800-436-7958 P .O. 115298 P.O. Box 15153 Www chase comlcredifcards Outside US . call collect Wilmington, DE 19850-5296 Wilmington, DE 19886-5153 1-302-594-8200 Information About Your Account Crediting of Pavements: For payments by regular U.S. mail, send at least your minimum payment due to our Payments address shown on this statement. Your payments by mail must comply with the instructions on this statement, and must be made by check or money order, payable in U.S. Dollars, and drawn on or payable through a U.S. financial institution or the U.S. branch of a foreign financial institution. Do not send cash. Write your account number on your check or money order. Payments must be accompanied by the payment coupon in the envelope provided with our address visible through the envelope window the envelope cannot Contain more than one payment or coupon, and there can be no staples, paper clips, tape or correspondence included with your payment. II your payment is in accordance with our payment instructions and is made available to us on any day except December 25 by 1:00 p m local time at our payments address on this statement, we will credit the payment to your account as of that day. If your payment is in accordance with our payment instructions, but is made available to us alter 1 00 p.m. local time at our Payments address on this statement, vie will credit it to your account as of the next day. 11 you do not fellow our payment instructions or if your payment is not sent by regular U.S. mail to our Payments address. crediting of your payment may be delayed lot up to 5 days. Payments made electronically through our automated telephone service. Customer Service advisors, or our web site will be subject to any processing times disclosed for those payygents. Account Information Reported to Credit Bureaus: We may report information about your account to credit bureaus. Late payments. missed payments or other defaults on your account maybe reflected in your credit report. If youthink vie have reported inaccurate information tee credit bureau, you may write te, us at the inquiries address shown on this statement. Notice About Electronic Ckeck Conversion: When you pay by check, you authorize us either to use information from your check to make a one-time electronic fund transfer Irom your account or to process the payment as a check transaction. When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment, and you will not receive your check back from your financial institution. Call the CUStDdhef Service number on this statement if you have questions about electronic check collection or do not want your payments collected electronically. Conditional Payments: Any payment check or other term of payment that you send us for less than the full balance due that is marked "paid in full" or contains a similar notation, or that you otherwise tender in full satisfaction of a disputed amount, must be sent to Card Services. P.D. Box 15049, Wilmington. DE 19850-5049. We reserve all our rights regarding these payments (e.g., if it is determined there is no valid dispute or if any such check is received at any other address, we may accept the check and you will still owe any remaining balance). We may refuse to accept any such payment by returning it to you not cashing it or destroying it. All other payments that you make should be sent to the regular Payments address shown on this statement Annual Renewal Notice: II your account has an annual fee, it will be billed each year or in monthly installments, whether or not you use your account, and you agree to pay it when billed. The annual fee is nnn- relundable unless you notify us that you wish to close your account within 3U days of the date we mail your statement on which the annual tee is charged and at the same time, you pay your outstanding balance it lull Your payment of the annual fee does not affect our rights to close your account and to limit your right to make transactions on your account. 11 your account is closed by you or us, we will continue to charge the annual fee until you pay your outstanding balance in full and terminate your account relationship. Explanation of Finance Ckarges: We calculate periodic finance charges, using the applicable periodic rates shown on this statement separately for each feature (e.g.,balance transfe rice OVenie nce checks and cash advance checks ("check transaction"), purchases, balance transfers. cash advances, promotional balances or overdraft advances). These calculations may combine different categories with the same daily periodic rates. II there is a "V' next to a periodic rate on this statement. that rate may vary, and the index and margin used to determine That rate and its corresponding APR are described in your Cardmember Agreement, as amended. There is a minimum finance charge in any billing cycle in which you owe any periodic finance charges, and a transaction finance charge for each balance transfer, cash advance. or check transaction, in the amounts stated in your Cardmember Agreement, as amended. To get the daily balance for each day of the current billing cycle., we take the beginning balance lot each feature, add any new transactions a( other debits (including tees, unpaid finance charges and other charges), subtracl any payments or credits. and make all adjustments. Transactions are added as of the transaction date, the beginning of the billing cycle in which they are posted to your account, or a later date of our choice (except that check transactions are added as of the date deposited by the payee or a later date of Qu r choice). Fees are added either on the date of a related transacliGn,'' a date they are posted to your account or the last day of,,the billing cycle. This gives us that day's daily balance. A credit balance is treated as a balance of zero If a daily periodic rate applies to any feature, we multiply the daily balance by the daily periodic rate to get your periodic finance charges for that day. We then add these periodic finance charges to your daily balance to get the beginning balance lot the next day. (If more than are daily periodic rate could apply based on the average daily balance, we will use the daily periodic rate that applies for the average daily balance amount al the end of the billing cycle to calculate the daily periodic finance charge each day ) To get your total periodic finance charge for a billing cycle when a daily periodic rate(s) applies, we add all of the daily periodic finance charges for all features. To determine an average daily balance, we add your daily balances and divide by the number of the days in the applicable billing cycle(s). If you multiply the average daily balance for each feature by the applicable daily periodic rate, and then multiply each of these results by the number of days in the applicable billing cycle(s), and then add all of the results together, the total will also equal the periodic finance charges for the billing cycle, except for minor variations due to rounding. To get your total periodic finance charge for a billing cycle when a monthly periodic rate(s) applies. multiply the average daily balance for each feature by the applicable monthly periodic rate and add the results together. The total will equal the periodic finance charges for the billing cycle, except for minor variations due to roundi Brace Poll (at least 21-days): We accrue periodic finance charges on a transaction fee, or finance charge from the date it is added to your daily balance until payment in full is received on your account. However, we do not charge periodic finance charges on new purchases billed during a billing cycle if we receive both payment of your New Balance on your current statement by the date and time your payment is due and also payment of your New Balance on your previous statement by the date and time your payment was due. There is no grace period for balance transfers, cash advances, check transactions or overdraft advances BILLING RIGHTS SUMMARY In Case of Errors or Baestiaes About Your Bill: If you think your bill is virdng, or if you need more information annul a transaction on your bill, write Customer Service on a separate sheet at P 0 Box 15299 Wilmington, DE 19850-5299 as soon as possible. We must hear from you no later than 80 days after we sent you the first bill on which [he error or problem appeared, You can telephone us, but doing so will not preserve your rights. In your letter. give us the iollnwinq mformaunn. Your name and account number • The dollar amount of tux; suspected error Describe the error and explain. if you can, why you believe there is an error II you need more ?nonnalien, describe the Itum you are unsure about. You do not have to pay any amount in question while we are investigating but you are still obligated to pay the parts of your bill that are not in ouesuon. While we invesugata your question, we cannot report you as definquent or take action to collect the amount you gU0511041. If you have authorized us to pay your credit card bil: automatically from your savings or checking account, you can stop the payment on any amount you think is wrong To stop the payment, your letter or call (using the Inquiries address or Customer Service telephone number shown on this statement) must reach us at least th ree business days before the automatic payment is scheduled to occur. Special Rule lot Credit Card Purchases: If you have a problem with the quality of goods or services that you purchased with a credit card IIexcluding purchases made with a check), and you have tried in goon {axh to Correct the problem with the merchant, you may not have to pay the remaining amount due on the goods or services. You have this protection only when the purchase price was more than $50 and the purchase was made in yyour home state or within Too miles of your mailing address. These lirrritations do not apply if we own or operate the merchant, or if we mailed you the advertisement for the property or services. 4A 111406 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson I" ILED-O F IC'-- Sheriff t H E P R Q T„! '? Jody S Smith 2i1 I Chief Deputy AUG -8 PM 3: Richard W Stewart CI MBERLAN COB-y Solicitor f '? ENWS Y"L.VA ?',1. Pride Acquisitions, LLC Case Number vs. 2011-5826 Daniel P. Kilheffer SHERIFF'S RETURN OF SERVICE 07/29/2011 07:31 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on July 29 2011 at 1931 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Daniel P. Kilheffer, by making known unto himself personally, at 350 Union Hall Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. A ,q SHAL , DEPUTY SHERIFF COST: $34.00 August 02, 2011 SO ANSWERS, RONI'TY R ANDERSON, SHERIFF ^)Gnu m Sn°r# le..so't I'c. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY-) COMMONWEALTH OF PENNSYLVANIA PRIDE ACQUISITIONS LLC, Plaintiff • vs. : CIVIL -LAW DANIEL P. KILHEFFER, : DOCKET NO. 2011 -05826 Defendant WITHDRAWAL OF APPEARANCE I, Francis X. Grimes, Esquire, hereby withdravimy appearance as counsel in the above stated matter. Date: By: Fralicis X. Grimes, Esq. PA ID# 62404 ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Pride Acquisitions LLC, Plaintiff, in the above - captioned matter. Date: jl ZY 14- By: G Angela L. Mattis, Esquire PA ID 309229 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Telephone: 570- 387 -1873 Fax: 570- 387 -6474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY-) —* .. COMMONWEALTH OF PENNSYLVANIA "`" PRIDE ACQUISITIONS LLC, 5' �{ Plaintiff : • CIVIL ACTION — LAW r . DOCKET NO. 2011 -05826 "' VS. DANIEL P. KILHEFFER, Defendant • • PRAECIPE TO MARK JUDGMENT TO USE OF ASSIGNEE TO THE PROTHONOTARY: Please mark the Judgment entered in the above captioned case against the Defendant(s), DANIEL P. KILHEFFER, to and for the use of UNIFUND CCR LLC, Assignee, as per the Assignments of Judgment, copies of which are attached hereto and made part hereof as Exhibits A and B. DATED: /Z Sr 4- BY: Angela L. Mattis, Esquire PA ID# 309229 JUDGMENT MARKED TO USE OF ASSIGNEE AND NOW, to wit, this ( day of < L , 2014, the Judgment entered in the above captioned case against the Defendant(s), DANIEL P. KILHEFFER, is hereby marked to and for the use of UNIFUND CCR LLC. Prothonotary of Cumberland County cout4'9P6 Qll'a et, J4,1,5 gu. 263 nL, EXHIBIT B BILL OF SALE AND ASSIGNMENT OF ACCOUNTS Pride Acquisitions LLC, a Limited Liability Company organized under the laws of Delaware with an office at 100 Garden City Plaza, Suite 500B, Garden City, NY 11530 ( "Seller ") hereby absolutely sells, transfers, assigns, sets -over and conveys to Pilot Receivables Management, LLC, a limited liability company organized under the laws of Ohio with an office at 10625 Techwoods Circle, Cincinnati, OH 45242, ( "Buyer ") without recourse and without representations or warranties, express or implied, of any type, kind or nature except as set forth in the Agreement (hereinafter defined): (a) all of Seller's right, title and interest in and to each of the Accounts identified in the Account schedule attached hereto as Exhibit A (the "Accounts "), and (b) all principal, interest or other proceeds of any kind with respect to the Accounts, but excluding any payments or other consideration received by or on behalf of Seller on or prior to July 31, 2013, with respect to the Accounts. This Bill of Sale is being executed and delivered pursuant to and in accordance with the terms and provisions of that certain Purchase and Sale Agreement made and entered into by and between Seller and Buyer dated August 29, 2013, (the "Agreement "). The Accounts are defined and described in the Agreement and are being conveyed hereby subject to the terms, conditions and provisions set forth in the Agreement. This Bill of Sale shall be governed by the laws of the State of New York without regard to the conflicts - of -laws rules thereof. DATED: JfI 30 Zd f 3 SELLER: Pride Acqui ns LLC By: Name: Title: STATE OF New (a -(L ) ss. COUNTY OF N as S u,v On this the day of Seek" 4o'r 2013, before me the undersigned officer, personally appeared r`c- ieNtwcvt , who acknowledged him /herself to be the (4eskPe✓14 of Se-Pe ir , a Li_ C.- corporation, signer and sealer of the foregoing instrument, and that he /she as such officer, being authorized so to do, acknowledged the execution of the same to be his/her free act and deed as such officer and the free act and deed of said corporation. IN WITNESS , HEREOF, I hereunto set my hand. Commit Toner of the Superior Court N i • Public Albert Kolesnikov ,Neta!Y,Public. State of New :York • No. 011(06255811 Qualified in Nassau County_ . corn-mission Expires:February 13; 201$: Page 23 of 33 • ASSIGNMENT THIS ASSIGNMENT is effective as of August 29, 2013 between PILOT RECEIVABLES MANAGEMENT, LLC, an Ohio limited liability company ( "Assignor "), and UNIFUND CCR, LLC, an Ohio limited liability company ( "Assignee "). Unless otherwise defined herein, terms used herein shall have the meanings specified in the Servicing Agreement between Assignor and Assignee (the "Agreement "). Assignor, for value received and in connection with the Agreement, transfers and assigns to Assignee all of Assignor's rights in the Receivables, for collection purposes only, including conducting litigation in Assignee's name, for those Receivables which Assignor owns or may acquire from time to time. Assignor shall retain title and ownership of such Receivables. The assignment is without recourse to Assignor and without warranty of any kind (including, without limitation, warranties pertaining to title, validity, collectibility, accuracy or sufficiency of information, and applicability of any statute of limitations), except as stated in the Agreement or herein. [PILOT RECEIVABLES MANAGEMENT, LLC] By: '-r(‘(,):861r1^8-F5 Morgan J. Smith Vice President of Operations [UNIFUND CCR, LLC] By: Autumn Bloom Manager of Legal Operations EXHIBIT 3