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HomeMy WebLinkAbout13-0172IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA r-, REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. AI-II\+VIED E. AMER, Defendant TO THE DEFENDANT: rn xa z ~.. "'v ~~ <Q CIVIL-LAW ~_~', I C DOCKET NO. ~ 3 -1 ~a~ ~ v~' ~ NOTICE TO DEFENDANT w c.. ~~ 0 ..Q rr c iii rrE ~¢ ;~; ca ---tr~ -*~ G3 ~r1 z ~ ~'Ti v YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Lawyer Referral Service Cumberland County Bar Association 100 South Street, PO Box 186 2 Liberty Avenue Harrisburg, PA 17108 Carlisle, PA 17013 800-692-7375 717-249-3166 717-238-6807 "'"7Z_.. RAYMOND W. KESSLER, ESQUIRE Q ~~ ~~~ I~~s~p~~~~x~ ~~.~gSIgS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. CIVIL-LAW AFIMED E. AMER, :DOCKET NO. Defendant COMPLAINT The Plaintiff, Remit Corporation, by and through its attorney Raymond W. Kessler, Esquire, hereby files this Complaint of which the following is a statement: 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, LLC. A Copy of the document assigning all relevant rights with reference to the present action to the Remit Corporation are attached hereto, incorporated herein and referred to hereafter as Exhibit A. 2. The Defendant, Ahmed E. Amer, is an adult individual residing at 4 W Beale Avenue Apt. 3, Enola, Cumberland County, Pennsylvania 17025. Defendant obtained a Citibank MasterCard credit card on or about March 20, 2007, from Citibank (South Dakota) National Association, (hereinafter "original creditor"), Account number 5424 1806 9502 3645. 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(1), a copy of the written agreement is attached hereto, incorporated herein and referred to hereafter as Exhibit B. Pilot Receivables Management, LLC purchased the account of the Defendant from Citibank (South Dakota) National Association. Pursuant to Pa.R.C.P. No. 1019(1), a copy of the written agreement is attached hereto, incorporated herein and referred to hereafter as Exhibit C. 6. Defendant used the extended credit leaving an unpaid balance of $786.80 with interest continuing to accrue at 6.00% per annum. 7. Defendant defaulted on the payments due and the last payment on this account was on or about December 14, 2009. 8. The balance on the charge-off is $786.80 and post-charge off interest has accrued in the amount of $105.41 to date for a total remaining balance due of $892.21. 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. 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. 11. Defendant's failure to pay is a hreach of the agreement between the Defendant and original creditor. 12. 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. 13. 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. 14. Defendant used the credit card to purchase items, and/or transfer balances, and/or obtain cash advances and he/she received the same to Defendant's benefit. 15. The total reasonable value of the Defendant's use of the credit extended by original creditor is $892.21. 16. 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. 17. The Defendant has failed and refused to pay the aforementioned sum despite frequent demand to do so. 18. By virtue of Plaintiff s assignment of this account, Defendant is indebted to the Plaintiff in the amount of $892.21. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $892.21, together with interest, costs, and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, Raymond W. Kessler, Esquire Attorney ID 309802 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 ASSIGNMENT OF CLAIM PURSUANT TO PENNSYLVANIA ACT 219 OF 1990 For value received, the undersigned: Unifund CCR, LLC assigns to: The Remit Corporation doing business at: 36 W Main Street PO Boa 7 Bloomsburg, PA 17815 a debt due to the undersigned from: Ahmed E. Amer #788103 5424180695023645 for the sum of $892.21 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 ~ day of I ,~~~~ll~ , 20~: A mn Hop m U ifund CCR, LLC EXHIBIT ASSIGNMENT THIS ASSIGNMENT is effective as of August 1, 2012 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, collectability, accuracy or sufficiency of information, and applicability of any statute of limitations), except as stated in the Agreement or herein. PILOT RECEIVABLES MANAGEMENT, LLC €;~~P, By: ~ tiuG~~'~.x--- Morg J. Sin Vice Pr s>~en of p anon UNIFUND CCR, LLC By: Manager of Legal exNisR ~- Contract tD: tiN[1#U;fSBOhl~i? Lk*cumtnt [I1: t)Ct1313Cttii8A4TI3I31 t'kxuntrnt [©: t)h t 3 t 2UY { BASTE3Ii i tla:umtnt tD: t)ht3t'L'NtUC{ CI3B{ th>cumern tC): Ob { 3 t?tr~ 1 t;CZ'Ct3B { BfLL OF SALE AVD ASS[GNitifENT fH1S BILL OF SALE AND r1SS1GNiviENT, dated 3une 1$, 2012 is by Citibank, N.A., a national banking association organized under the laws of the United States, located at ?0t East Goth Street ~iorth, Sioux Faits, SD 57117 (the "Bank") to Pilot Receivables Management, LLC, urtanixed under the taws of the State of Ohio, with its headquarterslprincipai pEace of huSiness at 10625 'Techwoods Circle, Cincinnati, OH d~242 ("Buyer"). Far value received and subject to the terms and conditions of the Purchase attd Sale Agreement dated June 1 S, 201 Z, between Buyer and the Bank (the "Agreement"), the Bank does hereby transfer, sell, assign, convey, grant, hargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts described in Exhibit 1 and the tinal electronic tile. Citibank, N,A. (S!-ignature) t'itfc: ~t (1.L,iY1.~._C~.Ll._..~.L..c Du (L-~ ~~.t~,t - ~~..1 ~,~,t (nC~naq~r~' EXHIBIT VERIFICATION The undersigned verifies that the statements made in the foregoing Complaint are true and correct based to the best of his/her knowledge, information and belief and understands the statements therein made are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. Harry A. Stra er III President, Remit Corporation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. CIVIL-LAW ARMED E. AMER, :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, and has not been in such service within thirty days hereof. Dated this day of ~~~~~~ , 2013 Raymo W. Kessler, Esquire Attorney ID 309802 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 ,Department of Defense Manpower Data Center ~aae[W Rt1 t0 sC!'VECC>'~~ ~1V1~ ~ltf !~ Last Name: AMER First Name: ARMED Middle Name: E Active Duty Status As Of: Dec-20-2012 Ree„na a6 or: oe~-2a2ot2 os:3s:ra SCRA 2.3 oA Ara. t>,ry on yaw p,ry slrw ore Athm aay sac oar Adka ~ t:ne oar sa„a Srrvica NA NA Ns NA Th~ rosponse ra~eck till iMwiduer' acM ditly scar bard an Hr Aatiw.Duly Srtus Dar LM Aare paywYhr9e7Daye dActlw DulyBrtus Oab Acfve Dury Skirt OMs Adeas pay Eer Dis SYas Service Conlponer NA NA ~ NA This nsAects whma rie individual IsR active 6MyaYbti wiliin 98tfNys procetirg tits Acura Duly StaVS Dar The AAembsr or Ftieltrsr lksY was Notiiedara tiaua CaN1lP b Adlvs pay on Aeliw pq,Swr firs Order NaiRnfon Sat Dar Omar NcifeNfon cad Drs Stalus Service Conponsra ~ ~ ~ NA This reeponr reLeUS whsrier tic iblividuel ar hiM~sr unit hr rso~wd Mete notiftition b roporl ra active dory Upon searching the data banks of the DepaMlent of Detense Manpower Data Canter, based on the irtforrnatlon that you prOVided, the above is the status of the individual on the adWe dory status date as to aN brant~les of the Unitortrced Services (Army, Navy, Marine Corps, Air Force, NOAA, Public FteaRh, and Coast Guard). This status includes information on a Servicemember or hislher unit receiving ratlficatbn of future orders to report for Active Duty. -~~ ~-~. Mary M. Snavely-Dixon, Director Department of Deferwe -Manpower Data Center 4800 Mark Center Drive. Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Ceruer (DMDC) is an organization of the Department of Defense (DoD) that mainta~s the Defense Enrokment and EUgibllky Reporting System (DEERS) database which is the ofifdal source of data on eligibkky for miktary medical care and other ekgibikty systems. The DoD strongly supports the enforcement of the Servioemembers CNiI Relief Ad (50 USC App. §501 et seq, es amended) (SCRA) (forrrrerly known as the Soldiers' and Saibre' CnAI Relief Ad of 1940). DMDC has issued hundreds of thousands of "does not possess any iMnrrrratiorrrWicating that the indivkiual is currently on actlwe duty" responses, and has experienced ony a smal error rate. In the event the irxlNkfuat referenced above, or any famky member, friend, Or representative asserts in any mercer that the individual was on adNe duty for the alive duly status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by oorrtactlng that person's Service via the "defenseknk.mk" URL: http:Uwww.defenseknk.mk/faglpis/PC09Sl.DR.htm1. ff you have evidence the person was on acute duty for the active duty status date and you fork to obtain this additional Service verification, punkive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflecffi the fakwving ktiformation: (t) The indNiduars Alive Duty status on tire Alive Duty status Date (2) wnea,ar the indhddual left AdNe Duty status within 367 days preceding the Active Duty Status Date (3) VVhetl-er the indMduai or hislher unk receNed early notification to report for active duty on the Alive Duty Status Date. More information on "Active Duty Status" AdNe duty status as reported kr this certificate is defined In accordance wtlh 10 USC § 101(d) (1 ). Prior to 2010 only some of the alive duty periods less than 30 consecutive days h length were avakable. In the case of a member of the Nafianal Guard, this includes service under a cork to alNe service authorized by the Preskdent or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency dedared by the President and supported by Federal funds. Ak AdNe Guard Reserve (AGR) members must be assigned against an authorised moblkration poaidon in the unk ~Y support. This incudes Navy Traink~g and Administration of the Reserves (TARs), Marine Corps Active Reserve (Arts) and Coast Guarcl Reserve Program Administrator (RPAs). Active Duty status also applies to a Unlfomred Servce member who is an acute duty commissioned otfker of the U.S. Pubkc Heakh Senice or the National Oceank: and Atmospheric AdmMistratkxr (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some cMegories of persons on active duty for purposes of the SCRA who would not be reported as an AdNe Duty under this certificate. SCRA protections are far Title 10 and Title 14 alive duty records fa ak the UNformed Services periods, Title 32 perkxis of AINe Duty are not covered by SCRA, as defined in accorclanoe wkh 10 USC § 101(d)(1). Many times orders are amended to extend the perbd of active duty, which would extend SCRA protedbns. Persons seeking to ray on this webske certification shoukf check to make sure the orcders on which SCRA protections are based have not been amended to extend the krdusNe dates of service. Furthermore, some protelbns of the SCRA may extend to persons who have reoeNed orders to report for active duty or to be irxltxxed, but who have not alually begun active duty or alually reported for induction. The Last Date on ActNe Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rety on this certficate are urged to seek qualified legal counsel to ensure that all rights guararrteed to Service members under the SCRA are protected WARNING: This oartirrc~e was provided based on a Iasi name, SSNJdate of bkth, and active duty status date provided by the requester. Providing erroneous information wiN cause an erroneous certificate to be provided. Certificate ID: KN4TPGHHP1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. CIVII,-LAW AIEVIED E. AMER, :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: Ahmed E. Amer 4 W Beale Avenue Apt. 3 Enola, PA 17025 Respectfully submitted, Raymo W. Kessler, Esquire Attorney 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 COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. AH11~ED E. AMER, Defendant ~ ~ ~. ..,~ `" w " ' ~ ~ Z ~ .' ~ ~~ --. ~,, ~ CIVIL-LAW ~~' ~~ "'° ~ a n x DOCKET NO 13 •l~~ ~~~ f ~~ ~' ~ ~ ~~,~; . .c- -< °` -~ ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully Submitted, RAYM W. KESSLER, ESQUIRE Attorney ID 309802 36 W Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474