HomeMy WebLinkAbout13-0726IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Assignee of Unifund CCR, LLC,
Plaintiff
vs.
JOHN W. RUSSELL,
Defendant
TO THE DEFENDANT:
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NOTICE TO DEFENDANT
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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 maybe 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
717-23 8-6807
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RAY ND W. KESSLER, ESQUIRE
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Assignee of Unifund CCR, LLC,
Plaintiff
vs.
CIVIL-LAW
JOHN W. RUSSELL, 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:
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, 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, John W. Russell, is an adult individual residing at 325 E. Garfield
Street, Shippensburg, Cumberland County, Pennsylvania 17257.
3. Defendant obtained a Citibank MasterCard credit card on or about February 10,
2006, from Citibank (South Dakota) National Association, (hereinafter "original creditor"),
Account number 5466 1600 2353 6871.
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.
5. 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 $4,306.18 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 August 11, 2009.
8. The balance on the charge-off is $4,306.18 and post-charge off interest has
accrued in the amount of $727.69 to date for a total remaining balance due of $5,033.87.
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 breach 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 $5,033.87.
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 $5,033.87.
WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the
amount of $5,033.87, together with interest, costs, and such further and additional relief as this
Honorable Court deems just and equitable.
Respectfully submitted,
,Fi ~ _....__
Raymond W. Kessler, Esquire
Attorney ID 309802
36 West Main Street
Bloomsburg, PA 17815
Phone: 570-3 87-1873
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 Box 7
Bloomsburg, PA 17815
a debt due to the undersigned from:
John W. Russell # 788090
5466160023536871
for the sum of $5,033.87 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 7 day of
December, 2012.
tumn Hop s
Unifund 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
By: 1 ~ titi~,~--
Morg J. Szn h
Vice Pr s~len of pe anon
UNIFUND CCR, LLC
By:
Manager of Legal
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tkx;utttent [D t)t, t a i ~thi I L3AST~E3B I
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BILL OF SALE AYD ASSIGYti1ENT
I~E{IS BILL OF SALE AiVD ASSCGtiiViENT, dated .tune E3, 2t)i2 is by Citibank, N.A., a
natiorta[ banking association organi-red under the laws of the United States, located at 70 C East
~,t)th Street North, Siau.~r FalEs, SD 57t I7 (the "Bank") to Pilot Receivables Vianagement, C_LC,
urganiced under the laws of the State of Ohio, with its headyuarters/principal place of husines at
[ 1)625 ~Cechwoods Circle, Cincinnati, OEI ~S?42 ("Buyer"}.
For value received and subject to the terms and conditions of the Purchase attd Sale Agreement
dated June 18, 2U1Z, between Buyer and the Bank (the ".'lgreement"}, the Bank does hereby
transfer, ,ell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Bu_yer's
successors and assigns, the Accounts described in Exhibit (arid the final electronic tile.
Citibank, ~i.rl
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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 sser 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
JOHN W. RUSSELL, :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 S day of ~ 2~~( 2013
Raymond 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
jti
P~tu~se~tt' tit ~icl:ml ~iv~il ~.el.~lef Act
Last Name: RUSSELL
First Name: JOHN
Middle Name: W
Active Duty Status As Of: Jan-31-2013
Results as of :Jan-31-2013 11:17:06
SCRA 2.3
On Actlw Duty on sake Dti9yg}rhes {~ebe..:. '.
ActNe Duty Start Data " AciMe.OtAy Ertd l7ata Status ,..
Service Component
NA NA _ No: NA
This response reflects the individuals' aoUVe duty sfatua based on the Acflvet;'tffy Status Date
Left Ackve Duty Wtttrlrt 381 Deya of Adbnn pttty StaAre Da>ae
Arrive Oury Start Data '' Actlva DutptJtd DeH Statue '. Service Component
NA NA No NA
This response reflects where the indNidual left acflve duty e[etue wkNn 387 days preceding the Acirve Duty Status Date
The MernOer a HhdFier UA4 Wen NE7nfled of e f uluf+n Caif-Up m A,dtvs DWy on Adtve Duty Staa,s Deb
Order Notiflcatron Start Dete.. Order NotMirstlon Ertl ~. Status Service Component
NA NA Db NA
This response reflects whether the fhdlvWUtltat McTher unit has received Hatly'tlotiflCllflprl to report for active duty
Upon searching the data banks of the Department of Defense Manpower Data Cectfer, 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, NOAA, Public Health, and
Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Mary M. Snavely-Dixon, Director
Department of Defense -Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Arlington, VA 22350
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 currently on active duty" responses, and has experienced only 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 was on active duty for the active duty 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 contacting that person's Service via the
"defenselink.mil" URL: http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status
date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c).
This response reflects 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 367 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 information on "Active Duty Status"
Active duty status as 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 President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
President and supported 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 Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps).
Coverage Under 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 Active 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 orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this websRe
certification should 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 active 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 the last dates of active duty.
Those who could rely 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/date of birth, and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: AIBAG8SC77
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Assignee of Unifund CCR, LLC, ;
Plaintiff
vs.
CIVIL-LAW
JOHN W. RUSSELL, :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: John W. Russell
325 E. Garfield Street
Shippensburg, PA 17257
Respectfully submitted,
Raymond 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.
JOHN W. RUSSELL,
Defendant
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ENTRY OF APPEARANCE
Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in
the above captioned matter.
Respectfully Submitted,
-~z~-__-
RAY OND W. KESSLER, ESQUIRE
Attorney ID 309802
36 W Main Street
Bloomsburg, PA 17815
Phone: 570-387-1873
Fax: 570-387-6474
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff F.LE0-0':F1C
Jody S Smith y"��cr rrr4fl OF THE PfROTT iGN6TAR
Chief Deputy fg ,
Richard W Stewart ;y ZtMAR 20 AM 9: 5
Solicitor C* E�F rw-SH�Rjp
CUMBERLAND COlJN:i'Y
nNNSYLVANIA
Remit Corporation Assignee of Unifund CCR LLC
VS. Case Number
John W Russell 2013-726
SHERIFF'S RETURN OF SERVICE
03/14/2013 04:51 PM-Deputy Ryan Burgett, being duly sworn according to law, served the requested Complaint&
Notice by handing a true copy to a person representing themselves to be Brandon Doyle, brother in law,
who accepted as"Adult Person in Charge"for John W Russell at 327 E. Garfield Street, Shippensburg
Borough, Shippensburg, PA 17257.
RYAN BURGETT, DEP
SHERIFF COST: $88.00 SO ANSWERS,
March 15, 2013 4RON ANDERSON, SHERIFF
;2i�oun�y>uie Shenft..Teiensof( ir._,.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION, ' '
Assignee of Unifund CCR, LLC, -a
rnw
Plaintiff
Co
VS. CIVIL-LAW r-- 4C)
-�s C)
JOHN W. RUSSELL, DOCKET NO. 13-726 CIVIL
Defendant r.s
PRAECIPE FOR JUDGMENT AND ASSESSMENT OF DAMAGES
FAILURE TO FILE ANSWER
TO THE PROTHONOTARY:
Kindly enter judgment against Defendant in the above captioned matter as follows:
Real debt $ 5,033.87
Interest from Feb. 12, 2013 $ 50.34
- Payments $ 2,252.00
Total: $ 2,832.21
Kindly assess damages against Defendant in the sum of$2,832.21 plus continuing
interest at the statutory rate of 6%.
BY:
Raym nd W. Kessler, Esquire
l(v.5o PA Afi/
No`kee malted
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Assignee of Unifund CCR, LLC,
Plaintiff
VS. CIVIL-LAW
JOHN W. RUSSELL, DOCKET NO. 13-726 CIVIL
Defendant
TO: John W. Russell
325 E. Garfield Street
Shippensburg, PA 17257
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.
X 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: RAYMOND W. KESSLER, 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, LLC,
Plaintiff
VS. CIVIL-LAW
JOHN W. RUSSELL, DOCKET NO. 13-726 CIVIL
Defendant
CERTIFICATION OF TEN (10) DAY NOTICE
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
I, RAYMOND W. KESSLER, ESQUIRE, hereby swear and certify that a copy of the
Ten(10) Day Notice was served on Defendant by regular mail on April 10, 2013.
BY: _
Raym nd W. Kessler, Esquire
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Assignee of Unifund CCR, LLC,
Plaintiff
VS. CIVIL-LAW
JOHN W. RUSSELL, DOCKET NO. 13-726 CIVIL
Defendant
TO: John W. Russell DATE OF NOTICE: April 10, 2013
327 E. Garfield Street
Shippensburg, PA 17257
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 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
Mailed to:
John W. Russell
Raymontf W. Kessler, Esquire 327 E. Garfield Street
570-387-1873 Shippensburg, PA 17257
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Assignee of Unifund CCR, LLC,
Plaintiff
VS. CIVIL-LAW
JOHN W. RUSSELL, DOCKET NO. 13-726 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, and has not been in such service
within thirty days hereof.
Dated this 2' day of Ay l , 2013
Raym W. Kessler, Esquire
Attorney ID 309802
36 West Main Street
Bloomsburg, PA 17815
Telephone: (570) 387-1873
Fax: (570) 387-6474
Results as of:Apr-22-201311:11:37
Department of Defense Manpower Data Center
SCRA 3.0
Status Reps
Pursuant to Servicemembers Civil.Relief Act
Last Name: RUSSELL
First Name: JOHN
Middle Name: W
Active Duty Status As Of: Apr-22-2013
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA _. — - No�.a NA
This response reflects the individuals'active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA �„ _-- l ` ''a No L, I NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Dale
The Member or HislHer Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notifli cetion End Date Status Service Component
NA NA. �. - �.No .� NA
This response reflects whether the individual or his/her unit has received earty notlfication to report for active duty
Upon searching the 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). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
HOWEVER,WITHOUT A SOCIAL SECURITY NUMBER,THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO.NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
Mary M.Snavely-Dixon,Director
Department of Defense-Manpower Data Center
4800 Mark Center Drive,Suite 04E25
Arlington,VA 22350
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 currently on active duty"responses,and has experienced only 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 was on active duty for the active duty 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 contacting that person's Service via the
"defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status
date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c).
This response reflects 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 367 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 information on "Active Duty Status"
Active duty status as 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 President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the
President and supported 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 Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps).
Coverage Under 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 Active 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 orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website
certification should 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 active 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 the last dates of active duty.
Those who could rely 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/date of birth,and active duty status date provided by the requester. Providing
erroneous information will cause an erroneous certificate to be provided.
Certificate ID: J2K5G43AF04F180
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Assignee of Unifund CCR, LLC,
Plaintiff
VS. CIVIL-LAW
JOHN W. RUSSELL, DOCKET NO. 13-726 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: John W. Russell
325 E. Garfield Street
Shippensburg, PA 17257
Respectfully submitted,
RaymoncfW. Kessler, Esquire
PA ID #309802
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
REMIT CORPORATION,
Assignee of Unifund CCR, LLC,
Plaintiff
VS. CIVIL-LAW
JOHN W. RUSSELL, DOCKET NO. 13-726 CIVIL
Defendant
NOTICE OF ENTRY OF JUDGMENT
( ) Notice is hereby given that a in the
above-captioned matter has been entered against you in the amount of$2,832.21
on A r-i I CQ q , 20 1.3
( ) A copy of all documents filed with the thon y i ort of the in
judgment is/are enclosed.
Prothonotary Civil Div.
By:
If you have any questions regarding this Notice,please contact the filing party:
NAME: Raymond W. Kessler, Esquire
ADDRESS: 36 West Main Street
Bloomsburg, PA 17815
TELEPHONE NO: 570-387-1873
(This Notice is given in accordance with Pa.R.C.P. 236.)
NOTICE SENT TO:
NAME: John W. Russell
325 E. Garfield Street
Shippensburg, PA 17257