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Home My WebLink About13-0729IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. :CIVIL-LAW c-~ r..~ ~ 3 ~~ q ~~ ~ a I ~~ .. ~' _~ rn-~ `" LAURA C. SHERMAN, :DOCKET NO. - / iv~ ~~~; a M~ Defendant ~-- NOTICE TO DEFENDANT 'per ~ ~~ t_ ~ ~' :! ~: :. . , TO THE DEFENDANT: y ~ --, ` ~~ 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 717-238-6807 ~~~~ RAYMOND W. KESSLER, ESQUIRE ~~ ~b3?5~~ a~ ~`~~ 3~s ~# a8~39y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. CIVIL-LAW LAURA C. SHERMAN, :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, Laura C. Sherman, is an adult individual residing at 72 Maizefield Drive, Shippensburg, Cumberland County, Pennsylvania 17257. Defendant obtained a Citibank MasterCard credit card on or about September 10, 2007, from Citibank (South Dakota) National Association, (hereinafter "original creditor"), Account number 5424 1810 2535 4155. 4. Unifund CCR, LLC has been assigned the account of the Defendant by Distressed Asset Portfolio II, 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. Distressed Asset Portfolio II, 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 C. 6. 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 D. 7. Defendant used the extended credit leaving an unpaid balance of $7,802.82 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 or about Apri18, 2010. 9. The balance on the charge-off is $7,802.82 and post-charge off interest has accrued in the amount of $931.20 to date for a total remaining balance due of $8,734.02. 10. 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. 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'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. 15. 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. 16. The total reasonable value of the Defendant's use of the credit extended by original creditor is $8,734.02. 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 in the amount of $8,734.02. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $8,734.02, 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 Box 7 Bloomsburg, PA 17815 a debt due to the undersigned from: Laura C. Sherman #788081 5424181025354155 for the sum of $8,734.02 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 731 1, 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. mn H ki s Unifund CCR, LLC EXHIBIT ASSIGNMENT THIS ASSIGNMENT is effective as of August 1, 2012 between DISTRESSED ASSET PORTFOLIO II, 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. DISTRESSED ASSET PORTFOLIO II, LLC By:~ ., ~ Wl Morg 3: "S ith Vice re 'd t of ration UNIFUND CCR, LLC By: Autulnh Hopkitfs Manager of Legal BILL OF SALE THIS BILL OF SALE is effective as of June 18, 2012 between PILOT RECEIVABLES MANAGEMENT, LLC, an Ohio limited liability company ("Assignor"), and DISTRESSED ASSET PORTFOLIO II, LLC, an Ohio limited liability company ("Assignee"). Assignor, for value received and transfers, sells, conveys, grants, and delivers to Assignee free, clear and unencumbered title to the Accounts described on attachment A attached hereto and alt of Assignor's rights thereto effective as of June 18, 2012. The sale is without recourse to Assignor and without warranty of any kind (including, without limitation, warranties pertaining to title, validity, collectability, accuracy or sufficiency of info>n~ation, and applicability of any statute of limitations), except as stated herein. [PILOT RECEIVABLES MANAGEMENT, LLCJ By: L Z~~ Name: Mo ga Si ith Title: Vice President EXHIBIT C1T1240. CIT1250, CETIZGO, CIT12b9 8 Contract It3: t1NI1tUiISt3tlfiiYt2 tkx ument Ii.?: tlfi 1313LI~i t BA4 T I3Ei l Ckxucnrnt iD: t)ti t 3 i'UV f I3Ai~f'E3t31 Ek~:ument tD ~)6E3i~L'NtUCt t"BN} Ck.~curnrrat tb: t3!~ t 3 t?[.'~l { t_`C3"I~BE3 } BILL O~ SrILE AYD ASS[GV~IENT fE{IS BCLL OF SALE AND ASS[GN~IENT, dated lone 13, 2012 is by Citibank, N.A,, a national banking association organized under the laws o#~ the United States, located at 701 East 60th Street tiorth, Sioux Falls, SD 57117 (the "Bank") to Pilot Keceivables titanagemsnt, LLC, orbanired under the Iaws of the State of Ohio, with its headquartersiprincipal place o#~husiness at 10625 Techwoods Circle, Cincinnati, OH d52~2 ("Buyer"). For value receives{ and subject to the toms and conditions of the Purchase and Sale A~-eems:nt dated June 18, 2012, between Buyer and the Bank (the "Agreement"}, the Bank does hereby transfer, ss:ll, assigrt, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assib*rts, the Accounts described in Exhibit 1 and the #inal electronic tile, Citibank, N.A. ~.., E3y. G ,~rir _---.~-...._rt_-- - ._.. _ (SiE,mature) r tiatt~e: CC~~ s C.t I~it~c ~ (1Ls.rl C.~~~L~f~_~( Dl..t r'-1~-~- ~t k~;t Y'1 Gt~ 2. /"_, ...tai. S$~.~..... EXHIBIT 1 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. rresictent, Kemit Corporation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. CIVIL-LAW LAURA C. SHERMAN, :DOCKET NO. Defendant AFFIDAVIT OFNON-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 j day of ~~ 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 Results asot:Feb-01-201309:32:57 SCRA 2.3 .~~' ~Llt`8~18'~it 1~ '~~1-lC'Cffi~'~ ~'ll~ll ~~. Last Name: SHERMAN First Name: LAURA Middle Name: C Active Duty Status As Of: Feb-01-2013 on Der an ~, areas Dace Actlva Duty Start Date Acute Dutq F-rxt Deto > gee NA Servke Component NA _. No NA This response reflects the Mdtvlduals' active duty status based on the Actlva Duty Status Date ~ err ncavs uury rvttrtNf 367 Days Mfxtlve Duty 3taWa Dale Actlva Duty Start Date Active Duly End Date. Stara Service Componen! NA NA NO. NA This response reflects where the indMidual IeH actlvB duty 9Pe[US wiM~a397 days preceding the AcbveDuty Status Date The Memtier a NlelNv UnH Wwr NatlHeO M a Fudxq Col Wp Eo Active dtrt}t on Active Duty Status Date Omer NolfNcallon Start bate Order NotHlcatlon End Date' Stehis ServtceComporteht. NA ~' NA This response reflects whether the hfdivkh7at Or r>ts/her unit has received eeny rwfHfceeon 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, 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. s ~"" .r 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 cert~cate 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: U7H18AIUCK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, ; Assignee of Unifund CCR, LLC, ; Plaintiff vs. CIVIL-LAW LAURA C. SHERMAN, :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: Laura C. Sherman 72 Maizefield Drive Shippensburg, PA 17257 Respectfully submitted, ~---~ Raymon W. Kessler, Esquire Attorney ID 309802 36 West Main Street Bloomsburg, PA 17815 Phone: 570-3 87-1873 Fax: 570-387-6474 ~; _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTS COMMONWEALTH OF PENNSYLVANIA -*, ~~,::`'' REMIT CORPORATION : ,~, ,~, ~ - ~ ~, , Assignee of Unifund CCR, LLC, _ `~'~ ~ '~`W` -~ , Plaintiff : ~ c ~ ~ - :-~ ~ ~ r vs. CNIL-LAW ~ ~ LAURA C. SHERMAN, :DOCKET NO i ~- ~ °~ I C l U l 1 . Defendant ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully Submitted, RAYM ND 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;S 9yt.TcY Ronny R Anderson (. I, THE PROTHONO i jkR Sheriff Jody S Smith °"Ott de r 2013 MAR 26 AM g: 35 Chief Deputy Richard W Stewart CUMBERLAND COUNT� PENNSYLVANIA Solicitor OF SCE OF T14E SHERIFF Remit Corporation Assignee of Unifund CCR LLC Case Number vs. Laura Sherman 2013-729 SHERIFF'S RETURN OF SERVICE 02/13/2013 Sheriff Ronny R Anderson, being duly sworn according to law,states he made diligent search and inquiry for the within named Defendant to wit: Laura Sherman, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Complaint&Notice according to law. 03/11/2013 04:18 PM-The requested Complaint&Notice served by the Sheriff of Franklin County upon Laura Sherman, personally, at Franklin County Sheriffs Office at 157 Lincoln Way East, Chambersburg; Pennsylvania 17201. Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $28.00 SO ANSWERS, March 19, 2013 RbNW R ANDERSON, SHERIFF tC)CountySuite Sheriff,7el=_osce. .C. SHERIFF' S RETURN - REGULAR CASE NO: 2013-00053 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF FRANKLIN REMIT CORP ASSIGNEE UNIFUND VS LAURA SHERMAN ANGEL L LAVIENA Deputy Sheriff of FRANKLIN County, Pennsylvania, who being duly sworn according to law, says, the within COMP CIVIL ACTION was served upon SHERMAN LAURA the DEFENDANT at 1618 : 00 Hour, on the 11th day of March 2013 at FRANKLIN COUNTY SHERIFF' S OFFI CHAMBERSBURG, PA 17201 by handing to LAURA SHERMAN a true and attested copy of COMP CIVIL ACTION together with and at the same time directing Her attention to the contents thereof . Sheriff ' s Costs : So Answers : Docketing . 00 Service . 00 ANGEL Affidavit . 00 Surcharge . 00 By . 00 D49pu Sheriff . 00 03/14/2013 RAYMOND W KESSLER ESQ Sworn and Subscribed to before me this /( day of 3 A.D. RICHARD D.McCARTY, Notary public 8M., Franklin County MY Comn Wm FxPIM Jan.29, 20+5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, -�3 Z" -' Plaintiff - -u m VS. CIVIL-LAW LAURA C. SHERMAN, DOCKET NO. 13-729 CIVILz6 Defendant ' 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 $ 8,734.02 Interest from Feb. 12, 2013 $ 87.34 Total: $ 8,821.36 Kindly assess damages against Defendant in the sum of$8,821.36 plus continuing interest at the statutory rate of 6%. BY: Raym6dd W. Kessler, Esquire �Ito,5a iJp A TY �.* as95ga Nc ce mai d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff VS. CIVIL-LAW LAURA C. SHERMAN, DOCKET NO. 13-729 CIVIL Defendant CERTIFICATION OF TEN (10) DAY NOTICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: 1, 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: Ray 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 LAURA C. SHERMAN, DOCKET NO. 13-729 CIVIL Defendant TO: Laura C. Sherman DATE OF NOTICE: April 10, 2013 72 Maizefield Drive 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: Laura C. Sherman Raymond W. Kessler, Esquire 72 Maizefield Drive 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, —a Plaintiff ` M.= VS. CIVIL-LAW <>C .�Ca ..� LAURA C. SHERMAN, DOCKET NO. 13-729 CIVIL Defendant "•�' 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 $ 8,734.02 Interest from Feb. 12, 2013 $ 87.34 Total: $ 8,821.36 Kindly assess damages against Defendant in the sum of$8,821.36 plus continuing interest at the statutory rate of 6%. BY: Raym d W. Kessler, Esquire �Ito,50 pi's A Tq C� `179 �� a895ga Nance rnai�ecl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff VS. CIVIL-LAW LAURA C. SHERMAN, DOCKET NO. 13-729 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: Rayr66nd 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 LAURA C. SHERMAN, DOCKET NO. 13-729 CIVIL Defendant TO: Laura C. Sherman DATE OF NOTICE: April 10, 2013 72 Maizefield Drive 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: Laura C. Sherman Raymond W. Kessler, Esquire 72 Maizefield Drive 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 LAURA C. SHERMAN, DOCKET NO. 13-729 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 thisA3 day of 2013 Raymo W. Kessler, Esquire Attorney 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 LAURA C. SHERMAN, DOCKET NO. 13-729 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: Laura C. Sherman 72 Maizefield Drive Shippensburg, PA 17257 Respectfully submitted, Raymond W. Kessler, Esquire PA ID #309802 36 West Main Street Bloomsburg, PA 17815 Telephone: (570) 387-1873 Fax: (570) 387-6474 Department of Defense Manpower Data Center Results as of:Apr-22-201311:18:00 SCRA 3.0 Status Report Pursuant to Servicernemben Civil Relief Act Last Name: SHERMAN First Name: LAURA Middle Name: C 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 Nti'-� NA This response reflects the lndii�'*duars active du_y stalLO)ased on the Activ'e 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 No NA This response reflects whare the Individual left active duty status Within 367 days preceding the Active Duty Status Date ,It The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA ��N,� oNo NA This response reflects whether the Iridiv"idual'or his/her has received ea-ity'notifica'tion to report for active duty Upon searching the data banks of the Department of Defense lvlanpov,;r Data Center,ba ed 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. 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:hftp://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: C21384DAGO51 GOO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. CIVIL-LAW LAURA C. SHERMAN, DOCKET NO. 13-729 CIVIL Defendant : TO: Laura C. Sherman 72 Maizefield Drive 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 LAURA C. SHERMAN, DOCKET NO. 13-729 CIVIL Defendant NOTICE OF ENTRY OF JUDGMENT ( ) Notice is hereby given that a Q_u AG EIN± in the U above-captioned matter has been entered against you in the amount of$8,821.36 on April c:94 , 20 /Z ( ) A copy of all documents filed with the rothonotary in su port of the hin 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: Laura C. Sherman 72 Maizefield Drive Shippensburg, PA 17257