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Home My WebLink About12-529277D-0 FILE IN THE COURT OF COMMON PLEAS OF CUMBERLAND C0.,UNiTYT)R1,31 HCN0 TAIR Y' COMMONWEALTH OF PENNSYLVANIA UNIFUND CCR, LLC, Plaintiff vs HELEN Ih. WATSON, Defendant CIVIL-LAW DOCKET NO. NOTICE TO DEFENDANT TO THE DEFENDANT: 4 2 f, '., X 2 4 F 1: 15 - fir ,E ;'NO COUNTY r'°tSYL VANIA 8-vel 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 serve 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 t 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 lief requested by the Plaintiff. You may lose money or property or other rights important to you. Y U SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU O 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 Sout Street, PO Box 186 Harrisbur, PA 17108 800-692-' 1 375 717-238-0807 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 RAY ND W. KESSLER, ESQUIRE 3 (?) . C? a ?9 X08 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA UNIFUND CCR, LLC, Plaintiff vs. CIVIL-LAW HELEN I. WATSON, DOCKET NO. Defendant COMPLAINT T*e Plaintiff, Unifund CCR, LLC, by and through its attorney Raymond W. Kessler, Esquire, hereby files this Complaint of which the following is a statement: L: The Plaintiff, Unifund CCR, LLC is a Corporation doing business at 10625 Techwooos Circle, Cincinnati, Hamilton County, Ohio 45242. 2. The Defendant, Helen D. Watson, is an adult individual residing at 3789 Spring Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. i Defendant obtained a Visa credit card on or about October 11, 2008, from Chase Bank US?, N.A., (hereinafter "original creditor"), Account number 4050 0620 0065 7495. 4. Unifund CCR, LLC has been assigned the account of the Defendant by Pilot Receivables Management, LLC. Pursuant to Pa.R.C.P. No. 1019(i), a copy of the written agreement t is attached hereto, incorporated herein and referred to hereafter as Exhibit A. 5. Pilot Receivables Management, LLC purchased the account of the Defendant from Pinnacle Credit Services, LLC. Pursuant to Pa.R.C.P. No. 1019(i), a copy of the written agreemeo is attached hereto, incorporated herein and referred to hereafter as Exhibit B. 6. Pinnacle Credit Services, LLC purchased. the account of the Defendant from Chase Batik USA, N.A. 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. 7. Defendant used the extended credit leaving an unpaid balance of $2,415.55 with interest continuing to accrue at 6.00% per annum. 8. Defendant defaulted on the payments due and the last payment on this account was on oij about August 28, 2009. 9. The balance on the charge-off is $2,415.55 and post-charge off interest has accrued io the amount of $328.35 to date for a total remaining balance due of $2,743.90. 101. 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. 1 1. Defendant accepted the extension of credit and utilized the credit card without complain(, objection or dispute as to credit services provided, the prices charged for the same or the costs incurred. 111. Defendant's failure to pay is a breach of the agreement between the Defendant and original creditor. 13. It is averred that an implied contract exists based upon Defendant's use of the credit card and his/her payments made on the account to the original creditor. 14 . 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. 1 ?. Defendant used the credit card to purchase items, and/or transfer balances, and/or obtain c* advances and he/she received the same to Defendant's benefit. 16. The total reasonable value of the Defendant's use of the credit extended by original creditor is $2,743.90. 17. 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. 18. The Defendant has failed and refused to pay the aforementioned sum despite frequent demand to do so. 19. By virtue of Plaintiff's assignment of this account, Defendant is indebted to the Plaintiff i? the amount of $2,743.90. WHEREFORE, Plaintiff, Unifund CCR, LLC, demands judgment against Defendant in the amount 4 $2,743.90, together with interest, costs, attorney fees and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, Raymond W. Kessler, Esquire PA ID #309802 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 ASSIGNMENT THIS ASSIGNMENT is effective as of May 1, 2012 between PILOT RECEIVABLES MAN DEMENT, LLC an Ohio limited liability company ("Assignor") and UNIFUND CCR, LLC, n Ohio limited liability company ("Assignee"). Unless otherwise defined herein, terms used. h .-rein 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 Ass gnee all of Assignor's rights in the Receivables, for collection purposes only, including condu ting litigation in Assignee's name, for those Receivables which Assignor owns or may acquir from time to time. Assignor shall retain title and ownership of such Receivables. The assign ent is without recourse to Assignor and without warranty of any kind (including, without limitation, warranties pertaining to title, validity, collectability, accuracy or sufficiency of inforn tion, and applicability of any statute of limitations), except as stated in the Agreement 01- herein., PILOT RECEIVABLES MANAGEMENT, LLC By: Y d %,D-Fl, Morg n ith Vice sid )ht of O eration UNIFUND CCR, LLC By: ,- tumn Hop ins Manager of Legal Operations EXHIBIT EXHIBTf C PINNACLE CREDIT SERVICES, LLC 7900 Highway 7, Suite 200 St. Louis Park, MN 55426 BILL OF SALE PINNA LE CREDIT SERVICES, LLC ("Seller") has entered into a Credit Card Purchase Agreement, dated ecember 28, 2011 ("Agreement") for the sale of Accounts described in Exhibit A thereof to PILOT RECEIVABLES MANAGEMENT, LLC ("Purchaser"), upon the terms and conditions set forth in that A •eement. NOW, HEREFORE, for good and valuable consideration, Seller hereby sells, assigns and transfers to Purcha er all of Seller's rights, title and interest in each and every one of the Accounts described in the Agrees cut, provided however such transfer is made without any representations, warranties or recourse. Purcha*r and Seller agree that the Purchase Price shall be as stated in Exhibit B, attached to the IN WI NESS WHEREOF, Seller has signed and delivered this instrument on the twenty-eighth day of Decem ler, 2011. PINNACLE CREDIT SERVICES, LLC By: --' Robert M. Schofield Chief Operating Officer Page 14 of 14 EXHIBIT F CHASE 0.`) PILL OF SALE ;losing Date: 11/28/211 base Bank USA, N.A. ("Selier"), for value received and pursuant to the terms and conditions of Credit Card ccount Purchase Agreement dated 11/0112011 between Chase Bank USA, N.A. and Pinnacle Credit ("Purchaser'), its successors and assigns ("Credit Card Account Purchase Agreement"), hereby ssigns effective as of the Pile Creation bate of 11/2112011 all rights, title and interest of Seller in and to hose certain receivables, judgments or evidences of debt described in the Final Data File, entitled (Account's rimary Fite Name) attached hereto and made part hereof for all purposes. Number of Accounts Total Unpaid Balances Premium Due Seller .Amounts due to Scaler by Purchaser in hereunder shall be paid U.S. Dollars by it wire transfer to be received try Seller on (the "Closing Date!) -11/2812011 by 2:00 p.m. Seller's time, as follows: Chase Bank USA. N.A. ABA Beneficiary Name: Chase Bank USA, N.A. Beneficiary Account: 'his Bill of Sale is executed without recourse except as stated in the Credit Card Account Purchase *greement. No other representation of or warranty of title or enforceability is expressed or implied. phase Bank USY N.A.' Pinnacle Credit Services, LLC y By Ericka Lon f mate: 11122/2011 Date: r t 17,b //1 jitle; Team Manager Title oQkf'd ?tl q 10.26.2011 EXHIBIT VERIFICATION OF COMPLAINT AGAINST HELEN D. WATSON The undersigned verifies that the statements made in the foregoing Complaint are true and correct based to the best of his/her knowledge, information and belief and understands the statements therein made are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworr? falsification to authorities. Unifund CCR, LLC Chris Blanton Authorized Representative for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA UNIFUND CCR, LLC, Plaintiff vs. HELEN >. WATSON, Defendant CIVIL-LAW DOCKET NO. AFFIDAVIT OF NON-MILITARY SERVICE T e Defendant is not now in the Military Service, as defined in the Soldier's and Sailor's ivil Relief Act of 1940 with amendments, and has not been in such service within thirty dais hereof. Dated this day of A-ul 1`4- , 2012 Rayrnond W. Kessler, Esquire Attorney D 309802 36 West Main Street Bloomsbu rg, PA 17815 Phone: 5 0-387-1873 Fax: 570- 87-6474 Department of Defense Manpower Data Center 40 Statue Repcwt Pursuant to SeMce umbers Civil Relief Act Last Name: WATSON First Name: HELEN D Active Duty ,tatus As Of: Jul-31-2012 Results as of : Jul-31-2012 06:33:22 SCRA 2.2.2 Active D Start Date Active Duty End Date Status Service Canponent I On Active Duty On Active Duty SISAn Date VA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty within 36T Dnye of AdNe Duty Sta4re Deft Active Du ty Start Date Active Duty End Date Status Service Cornportent A NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or HhMar Unit was Notillad of a FuMm CatidJp to Active D* on Ac#n Duty Status Daft Order Notific don Start Date Order Notification End Date Status Service Component 14A NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching th data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAH, Public Health, and Coast Guard). Th status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. i LA Mary M. Snavely-' ixon, Director Department of De nse - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 223A0 The` Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is curre tly on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, otepresentative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the . CRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" YRL: hftp://www.defenselink.mil/faq/pis/PC09SLDR.htmi. If you have evidence the person was on active duty for the active duty status date and you fail till) obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response refl cts the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 67 days preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More informotion on "Active Duty Status" Active duty status s reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the resident or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and sup orted by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARS), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Se ice or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage U der the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Ac ive Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times order are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification shout check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun ac?ve duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond th last dates of active duty. Those who could ?ely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN, and active duty status date provided by the requester. Providing erroneous information will casse an erroneous certificate to be provided. Report ID: J085MP07L i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA UNIFUN'D CCR, LLC, Plaintiff vs. HELEN. WATSON, Defendant CIVIL-LAW DOCKET NO. CERTIFICATION OF ADDRESSES I certify that the precise address(es) of Plaintiff and Defendant(s) are as follows: Plaintiff: Unifund CCR, LLC 10625 Techwoods Circle Cincinnati, OH 45242 Defendant: Helen D. Watson 3789 Spring Street Carlisle, PA 17013 Respectfully submitted, Raym nd W. Kessler, Esquire PA ID #309802 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNRY C7 COMMONWEALTH OF PENNSYLVANIA -I T' O rnw rn ? ? r' rJ UNIFUND CCR, LLC, r- Plaintiff V$. CIVIL-LAW - HELEN. WATSON, : DOCKET NO.? oc- So Defendant ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Unifund CCR, LLC, Plaintiff, in the above captioned matter. Respectfully Submitted, RAYMOND W. KESSLER, ESQUIRE Attorney No. 309802 36 W Main St Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 rte, ?' c:a rY?; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA UNIFUND CCR, LLC, Plaintiff vs. : CIVIL-LAW --< ' [zCD Grp HELEN D. WATSON, DOCKET NO. 12-5292-CIVIL °r� T Defendant PRAECIPE TO WITHDRAW COMPLAINT To The Prothonotary: Please withdraw the complaint filed by the Plaintiff, Unifund CCR,LLC, against Defendant, Helen D. Watson. Respectfully Submitted, Raymontf W. Kessler, PA ID#309802 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Telephone 570-387-1873 Fax 570-387-6474