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Home My WebLink About13-0808IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA c 7 C~ rrs a ~ REMIT CORPORATION, --,. ~: ~=~~ ~~~ Assignee of Unifund CCR, LLC, -~. r~~ '`~' ~ ~' ~' f"`i,,= Plaintiff .:_~ ~, s-- ~ _... .:.~--t , .- . vs. :CIVIL-LAW ~ ~ v, --; PAUL M WARGO :DOCKET NO I ~ - OV D . , . j ~ ~, Defendant NOTICE TO DEFENDANT TO THE DEFENDANT: 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 RAYMOND W. KESSLER, ESQUIRE Q -~~p~'7 a~ ~- s ~ ~_~ SOS 3`~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. CIVIL-LAW PAUL M. WARGO, :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, Paul M. Wargo, is an adult individual residing at 14 Edgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant obtained a Citibank Visa credit card on or about December 1, 1982, from Citibank (South Dakota) National Association, (hereinafter "original creditor"), Account number 4428 1351 9172 6256. 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 $11,981.45 with interest continuing to accrue at 6.00°Io per annum. 7. Defendant defaulted on the payments due and the last payment on this account was on or about March 13, 2009. 8. The balance on the charge-off is $11,981.45 and post-charge off interest has accrued in the amount of $2,393.03 to date for a total remaining balance due of $14,374.48. 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 $14,374.48. 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 $14,374.48. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $14,374.48, together with interest, costs, and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, ~~2?/~~ 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: Paul M. Wargo # 795319 4428135191726256 for the sum of $14,374.48 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 January, 2013. Chris Blanton Unifund CCR, LLC r ~- ASSIGNMENT TAIS ASSIGNMENT is effective as of November 1, 2012 between PILOT RECEIVABLES MANAGEMENT, LLC an Ohio limited liability company ("Assignor") and UNIFUND CCR, LLC, an Ohio limited liability company ("Assignee"). LJnless 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 B ~' ~~.,~._, y: Y Morga J. S ith Vice P ide t of ration LTNIFUND CCR, LLC By: Auylifnn Hopkins/ Manager of Leg Operations EXHIBIT 3 Co~~tract iD: t:Niti[liitSE~ttfiltl? Ek+cument [I?~ tlfit3i3lftit[~A~iIE~[3l ['kx:umtnt lD: Uh t 3 i ?U~f i BA5 ['E3[31 EJca:umtnt [ 3: tt6[3[2LNii~C'i CBBi Ckrcurnent (t). Dfi13t2C.rNiUC2'fF3[il BELL nE SALE ,iYD AS5[G~t~EENT "I-HIS B[LL OF SALE AND ASSIGNMEN~i', dated 3une 43, 20f 2 is by Citibank, N.A,, a notional banking association organized under the taws of the United States, located at 701 East Gt}th Street North, Sioux Falts, SD 571 17 (the "Bank") to Pilot Receivables Management, I_.LC, organized under the laws of the State of Ohio, with its headyuarters/principal place of business at t0b25 Tcchr~voods Ciro"te, Cincinnati, OFl 35242 ("Buyer"). For value received and subject to the terms and conditions of the Purchase acid Sale :~greernent dated .lone i $, 20 t 2, between Buyer and the Bank f the "Agreement"), the Bank does hereby transfer, sell, assii;n, convey, grant, hart;ain, set over and deliver to Buyer, and to Buyer's successors and assia7ns, the Accounts described in Exhibit t and the final etectronic tile. Citibank, N.A. _, (Si~~a2ure) Name: i-G_~_, c..t..~._.~_~_ I itlc: ~ ns.~'t t:.-ICL~-----~~ _~:._c Cty..c r't-~ ( C~ v1 u G(~ tr" sit ~ ~~~~, ~.,,,,~= VERIFICATION The undersigned verities 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. S sser I 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 PAUL M. WARGO, :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 ~b~~~,_ 1 , 2013 '%C/ Raymond W. Kessler, Esquire Attorney ID 309802 36 West Main Street Bloomsburg, PA 17815 Phone: 570-3 87-1873 Fax: 570-387-6474 'Department of Defense Manpower Data Center ~~i~ ~Ii°B# 't0 ~'~lV~GG~YIG~L ~1Y11 Ali@~ ACL Last Name: WARGO First Name: PAUL Middle Name: M Active Duty Status As Of: Feb-12-2013 Results as of :Feb-12-2013 07:24:30 SCRA 2.3 On Acdve Duty On Active Duly Status Date Active DutySfart Date Adfve Duty End Date Status Service Component NA NA No NA This response refledsthe indivMuals' adive duly $feWs based on the Active Duty Status Date Lefl Actlva Duty. Within 367 Days of Adive Duty Status Date Active Duty Start Date Adlve Duty End Date Statue Service Corfgtonent NA NA No NA This response reflects wfiere the individual left adive duty status within 367 days preceding the Active Duty Status Date The Membar or HlstHer Untt Was N~fled of a Future CaN-Up to Actlve DuTy on Active Duty Status Date Ordef NWkfratlon. Start Date Order Notlflcatbn End bate Status Service Component NA NA No NA This response refleda whether the irdividual or hislher unit has n3ceived eady notificedonto report for active duty Upon searching the data banks of the Department of Defense Manpower Data Genter, 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 Servicsmember or his/her unit receiving notification of future orders to report for Active Duty. r~,a. ,rte,-~. 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 acwrdance 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: 3PKQPNQ82J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. PAUL M. WARGO, Defendant CIVIL-LAW DOCKET NO. 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: Paul M. Wargo 14 Edgewood Drive Mechanicsburg, PA 17055 Respectfully submitted, ~~~~ Raymo 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 COUNTY COMMONWEALTH OF PENNSYLVANIA ~-'- REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. PAUL M. WARGO, Defendant ~: ~, ~~ F'~ ~; r== t _,; ~~ „~ n CIVIL-LAW ~~; . DOCKET NO.~ ~j- 8a 8 ~V f ~ ~.' ENTRY OF APPEARANCE ~..~ ~~ -,~ ~:,a ~~ n..~ Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully Submitted, ~--_ RAYMOND W. KESSLER, ESQUIRE Attorney ID 309802 36 W Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 c-~> { _~? ~~ ~ 3..:. _ ..-..~ _.~t *i ~> IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff : vs. CIVIL-LAW PAUL M. WARGO, DOCKET NO. 13-808-CIVIL Defendant rn= rn r-- c a o PRAECIPE TO REINSTATE COMPLAINT ' ' tjo TO THE PROTHONOTARY: Please reinstate the Civil Complaint filed in the above matter. Respectfully Submitted, eW ID 309802 36 W Main Street PO Box 7 Bloomsburg, PA 17815 Telephone: 570-387-1873 Fax: 570-387-6474 ,7 a a � SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheri j,F. �j F� iL L I Sheriff ii.% t tti�rtr Jody S Smith 2 13 JUN _1 AH 10* 1 Chief Deputy ; K Richard W Stewart ` ""- UMBERLAQ COL iY Solicitor OFFXE OrTH_SRERIrr PE HSYLVANIA Remit Corporation Assignee of Unifund CCR LLC Case Number vs. 2013-808 Paul M Wargo SHERIFF'S RETURN OF SERVICE 05/15/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Paul M Wargo, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Lancaster, Pennsylvania to serve the within Complaint& Notice according to law. 05/31/2013 02:30 PM-The requested Complaint&Notice served by the Sheriff of Lancaster County upon Paul Wargo, who accepted for Paul M Wargo, at 10 Egret Circle, Denver, PA 17517. Mark S. Reese, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, May 31, 2013 RbNIV R ANDERSON, SHERIFF (c)CountySuito Sheritf,Toleosoft,Inc. SHERIFF'S OFFICE OF LANCASTER COUNTY Mark S. Reese A Brad Harris Sheriff ff� Solicitor Marc Lancaster de-ti4p ��" Charles Hamilton Chief Deputy * Lieutenant REMIT CORPORATION Case Number vs. PAUL M WARGO 2013-808 SHERIFF'S RETURN OF SERVICE 05/24/2013 02:30 PM -SERVED THE COMPLAINT& NOTICE BY HANDING A COPY TO EVAN BAKER (STEPSON),WHO ACCEPTED AS"ADULT PERSON IN CHARGE" FOR PAUL M WARGO AT 10 EGRET CIRCLE, DENVER, PA 17517. SO ANSWERS: DEPUTY CHARI SSA LEPPLER, DEPUTY SHERIFF OF LANCASTER COUNTY, PA. CHARISSA LEYPLER, DEPUTY SHERIFF COST $56.84 SO ANSWERS, May 28, 2013 MARK S. REESE, SHERIFF COSTS DATE CATEGORY MEMO CHK# DEBIT CREDIT 05/20/2013 Advance Fee Advance Fee 0911 $0.00 $150.00 05/20/2013 Receiving,Docketing&Return $9.00 $0.00 05/20/2013 Service $9.00 $0.00 05/20/2013 Affidavit $2.50 $0.00 05/2012013 Deputy Time $10.00 $0.00 05/20/2013 Copies $6.00 $0.00 05/24/2013 Service Mileage $20.34 $0.00 05/2812013 Refund $93.16 $0.00 $150.00 $150.00 BALANCE: $0.00 Plaintiff Attorney., THE REMIT CORPORATION, PO BOX 7, BLOOMSBURG, PA 17815 (c)CountySulte Sheriff,Teleosoft•Inc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY--' COMMONWEALTH OF PENNSYLVANIA ' cu REMIT CORPORATION, , + Assignee of Unifund CCR, LLC, �-- Plaintiff VS. : CIVIL-LAW PAUL M. WARGO, DOCKET NO. 13-808-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 $ 14,374.48 Court Costs $ 315.34 Default Judgment $ 16.50 Interest from May 14, 2013 $ 103.97 Total: $ 14,810.29 Kindly assess damages against Defendant in the sum of$14,810.29 plus continuing interest at the statutory rate of 6%. BY: Ra and W. Kessler, Esquire A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff VS. CIVIL-LAW PAUL M. WARGO, DOCKET NO. 13-808-CIVIL Defendant TO: Paul M. Wargo 10 Egret Circle Denver, PA 17517 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 w 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 PAUL M. WARGO, DOCKET NO. 13-808-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 June 19, 2013. BY: Ra and 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 PAUL M. WARGO, DOCKET NO. 13-808-CIVIL Defendant TO: Paul M. Wargo DATE OF NOTICE: June 19, 2013 10 Egret Circle Denver,PA 17517 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: Paul M. Wargo Raymo W. Kessler,Esquire 10 Egret Circle 570-387-1873 Denver, PA 17517 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. CIVIL-LAW PAUL M. WARGO, DOCKET NO. 13-808-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 1-2-day of �y 52013 Raym nd W. Kessler, Esquire Attorney 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:Jun-27-201307:59:56 SCRA 3.0 Status Report Pursuant to Servicemembm Civil Relief Act. Last Name: WARGO First Name: PAUL Middle Name: M Active Duty Status As Of: Jun-27-2013 On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date status Service Component NA NA NO NA This response reflects the individuals'active duty status based on the Active Duty Status Date Leff 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 where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Noted of a Future Cell-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status SaMce Component NA NA No NA This response reflects whether the individual or hisMer unit has received eery notification 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. 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. 441 s 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 Repbrting 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.miUfaq/pis/PC09SLDR.htmi. 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: 930630E7L0100A0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff VS. CIVIL-LAW PAUL M. WARGO, DOCKET NO. 13-808-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: Paul M. Wargo 10 Egret Circle Denver, PA 17517 Respectfully submitted, Raym d W. 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 PAUL M. WARGO, DOCKET NO. 13-808-CIVIL Defendant NOTICE OF ENTRY OF JUDGMENT Notice is hereby given that a tx wc-"n.'.. in the above-captioned matter has been entered against you in the amount of$14,810.29 on '20 A copy of all documents filed with the Prothonotary in )po of the within judgment is/are enclosed. Prothonotary Civil Div. By: If you have any questions regarding this Notice,please contact the filing party: NAME: Raymond W. Kessler, Esquire ....... ADDRESS: 36 West Main Street Bloomsburg, PA 17815 TELEPHONE NO: 570-387-1873 (This Notice is given in accordance with Pa.R.C.P. 236.) NOTICE SENT TO: NAME: Paul M. Wargo 10 Egret Circle Denver, PA 17517 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR,LLC : Plaintiff VS. Q CIVIL-LAW PAUL M.WARGO, 10 G�rG n� ��r hVtr` �'�$i�; DOCKET NO. 13-808-CIVIL 1 ' �� Defendant vs. � s m .tea : CITIZENS B tP�S� U; Garnishee PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) To the Prothonotary Issue a Writ of Execution in the above matter, (1) directed to the Sheriff of Cumberland County,Pennsylvania (2) against Paul M.Wargo,defendant; and (3) Against Citizens Bank, Garnishee; (4) and index this Writ in the judgment index and (a) against Paul M.Wargo, defendant(s), and (b) against Citizens Bank,as garnishee, as a lis pendens against real property of the defendant in name of garnishee(s) as follows: N/A (5) Amount Due: $ 14,810.29 Interest from 07/15/2013 $ 192.33 Credits $ 0.00 Costs to be added: Clerks Fee: $ 29.00 Sheriff: $ 150.00 {Total: $ 15,181.62 Dated this 3 day of fI G-"` 013 • �� h Raym d W.Kessler,PA ID�3098�02 Attorney for Plaintiff 36 West Main Street Bloomsburg,PA 17815 Phone: (570) 387-1873 ax: (570) 387-6474 °a3 i. �d a a.as )2-9 `� �loSSl wf I LSG�� WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-808 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due REMIT CORPORATION,ASSIGNEE OF UNIFUND CCR,LLC Plaintiff(s) From PAUL M.WARGO, 10 EGRET CIRCLE,DENVER,PA 17517 (1) You are directed to levy upon the property of the defendant(s)and to sell You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEES)as follows: CITIZENS BANK,665 NORTHEAST STREET,CARLISLE,PA 17013 and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (2) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$14,810.29 Plaintiff Paid$ Interest FROM 7/15/2013-$192.33 Attorney's Comm. % Law Library$.50 Attorney Paid$ Due Prothonotary$2.25 Other Costs$231.00 Date: 10/7/13 David D. Buell, Prothonotary (Scut) Deputy REQUESTING PARTY: Name:RAYMOND W.KESSLER,ESQUIRE Address:36 WEST MAIN STREET BLOOMSBURG,PA 17815 Attorney for:PLAINTIFF Telephone: 570-387-1873 Supreme Court ID No.309802 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Pi:: Sheriff �.¢r�r+ta xr cr{ Jody S Smith 13 CCT 114 ARC tC w • Chief Deputy Richard W Stewart CUMBEid—LaiD C f.!r r i Solicitor of, r ..-HE sHERiFE PENNSYLVANIA Remit Corporation Assignee of Unifund CCR LLC Case Number vs. 2013-808 Paul M Wargo SHERIFF'S RETURN OF SERVICE 10/09/2013 02:56 PM- Dawn Kell, Deputy,who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Citizens Bank, 665 North East Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Janine Sheaffer, Senior Banker., personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on October 11, 2013 to Paul Wargo at 10 Egret Circle, Denver, PA 17517. DAWN KELL, DEPUTY SO ANSWERS, October 11, 2013 RONINK R ANDERSON, SHERIFF t'uj L.CuntvSu e Sheet:,1 o'cosoft..i...,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA CIVIL DIVISION REMIT CORPORATION Plaintiff(s), vs. 13-808 CIVIL -. PAUL M WARGO rte, 2, Defendant(s) -‹z c.' P,e> .7> "1", :`••tom".r..,, and J' ..��/ ,+,-�"- xiC iV CJr=• Citizens Bank of Pennsylvania, c... Garnishee. ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS_1 to_12_)At the time of service of above-captioned Writ of Execution and to the present,Citizens Bank of Pennsylvania,provides the following Answers to Interrogatories: The Garnishee, Citizens Bank of Pennsylvania, states that it maintains a CHECKING account in the name of the defendant,PAUL M WARGO,with a total available balance of $1699.26 after deduction of Garnishee's Processing Fee of$125.00 and Statutory Exemption of$300.00 being held subject to this Writ of Execution. COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me,the undersigned authority,a Notary Public in and for said Commonwealth and County,personally appeared Penny Donaldson who being duly sworn according to the law deposes and says that she is the Legal Clerk, Operations Services,and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information,and belief. Penny P onaldson Sworn and subscribed before me this 4:day of NOVEMBER, 2013. / 0 ./ ublicj COMMONWEALTH OF PENNSY NIA Notarial Seal Nancy 3.Loy,Notary Public City of Pittsburgh,Allegheny County My Commission Ex fires Sept.22,2016 MEMBER,PENNSYLVANIA AS6QCAT1Ii N` ARIES . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA CIVIL DIVISION ) ) 13-808 CIVIL ) REMIT CORPORATION, ) ) Answers to Interrogatories ) Plaintiff(s), ) ) Code: 200 Execution ) vs. ) ) Filed on Behalf of Garnishee, PAUL M WARGO, ) Citizens Bank of Pennsylvania ) ) Defendant(s), ) .) ) ) Counsel of Record for vs. ) this Party: ) ) Nicholas Deenis,Esquire Citizens Bank of Pennsylvania, ) ) PA I.D.No. 62378 Garnishee. ) ) Stradley,Ronon, Stevens &Young ) Great Valley Corporate Center ) 30 Valley Stream Parkway ) Malvern,PA 19355-1481 ) (484) 323-1351 ) (610) 640-1965 fax f ' ' Certificate of Service I,Penny Donaldson,hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S.Mail, postage prepaid,this 1/1 day of NOVEMBER, 2013. OFFICE OF THE PROTHONOTARY ONE COURTHOUSE SQUARE COURTHOUSE CARLISLE,PA 17013-3387 RAYMOND W KESSLER,ESQ. 36 WEST MAIN ST BLOOMSBURG,PA 17815 PAUL M WARGO 10 EGRET CIR DENVER PA 17517 p, Penny Donald on IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR LLC : Plaintiff : - w vs. : CIVIL-LAW -a - PAUL M. WARGO, : DOCKET NO. 13-808-CIVIL , ? % Defendant : -<'- r vs. CITIZENS BANK, Garnishee • PRAECIPE FOR ENTRY OF JUDGMENT BY ADMISSION AGAINST GARNISHEE AND CERTIFICATION OF ADDRESSES TO THE PROTHONOTARY: Enter judgment in favor of Plaintiff and against the above named garnishee. Citizens Bank, in the sum of$1,699.26 said sum being admitted in its Answers to Interrogatories as being owing to the Plaintiff and which is not greater than the sum due from Defendant to Plaintiff. I certify that the precise address(es) of Plaintiff, Defendant(s) and Garnishee are as follows: Plaintiff: Remit Corporation Assignee of Unifund CCR, LLC 36 West Main Street Bloomsburg, PA 17815 Defendant: Paul M. Wargo 10 Egret Cir Denver, PA 17517 0114 6/6. SO dal _ t2 3s Ve j)1cu/e1 Garnishee: Citizens Bank 665 Northest Street Carlisle, PA 17013 Respectfully Submitted by: Raymond W. Kessler, PA ID #309802 Attorney for the Plaintiff 36 West Main Street Bloomsburg, PA 17815 Te1.570-387-1873 Fax 570-387-6474 JUDGMENT SO ENTERED AND DAMAGES ASSESSED AS ABOVE; NOTICE GIVEN PRUSUANT TO PaR.C.P. 6 Prothonotary 1 14// 3 Office of Prothonotary Chester Justice Center 201 W. Market St., Ste. 1425 P.O. Box 2746 West Chester, PA 19380-0989 X5319- k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA CIVIL DIVISION REMIT CORPORATION Plaintiff(s), vs. 13-808 CIVIL PAUL M WARGO Defendant(s), and Citizens Bank of Pennsylvania, Garnishee: ANSWERS TO INTERROGATORIES OF GARNISHEE, CITIZENS BANK The Garnishee, Citizens Bank of Pennsylvania responds as follows to the Interrogatories of the Plaintiff(s): (NUMBERS_1 to_12J At the time of service of above-captioned Writ of Execution and to the present, Citizens Bank of Pennsylvania,provides the following Answers to Interrogatories: The Garnishee, Citizens Bank of Pennsylvania,states that it maintains a CHECKING account in the name of the defendant,PAUL M WARGO,with a total available balance of $1699.26 after deduction of Garnishee's Processing Fee of$125.00 and Statutory Exemption of$300.00 being held subject to this Writ of Execution. COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me,the undersigned authority, a Notary Public in and for said Commonwealth and County,personally appeared Penny Donaldson who being duly sworn according to the law deposes and says that she is the Legal Clerk, Operations Services,and that the statements set forth in foregoing Answers to Interrogatories are true and correct to the best of her knowledge, information,and belief. Penny P.naldson Sworn and subscribed before me this 41 day of NOVEMBER,2013. ot. .j'ublic IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PA CIVIL DIVISION ) ) 13-808 CIVIL ) REMIT CORPORATION, ) ) Answers to Interrogatories ) Plaintiff(s), ) ) Code: 200 Execution ) vs. ) ) Filed on Behalf of Garnishee, PAUL M WARGO, ) Citizens Bank of Pennsylvania ) ) Defendant(s), ) ) ) ) Counsel of Record for vs. ) this Party: ) ) Nicholas Deenis,Esquire Citizens Bank of Pennsylvania, ) ) PA I.D.No. 62378 Garnishee. ) ) Stradley,Ronon, Stevens&Young ) Great Valley Corporate Center ) 30 Valley Stream Parkway ) Malvern,PA 19355-1481 ) (484) 323-1351 ) (610) 640-1965 fax Certificate of Service I,Penny Donaldson,hereby certify that a true and correct copy of the Answers to Interrogatories has been served upon the following by depositing it in the U. S. Mail, postage prepaid,this LA day of NOVEMBER, 2013. OFFICE OF THE PROTHONOTARY ONE COURTHOUSE SQUARE COURTHOUSE CARLISLE,PA 17013-3387 RAYMOND W KESSLER, ESQ. 36 WEST MAIN ST BLOOMSBURG,PA 17815 PAUL M WARGO 10 EGRET CIR DENVER PA 17517 4,,,,,",,, , A i)AL -L Penny Donald on • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA ' REMIT CORPORATION. : d `„o Assignee of Unifund CCR. LLC • Plaintiff vs. : CIVIL-LAW PAUL M. WARGO, : DOCKET NO. 13-808-CIVIL -yd Defendant y y� vs. : • CITIZENS BANK. Garnishee PRAECIPE TO SATISFY JUDGMENT AGAINST GARNISHEE To the Prothonotary: Please mark the judgment against the GARNISHEE, in the above referenced action SATISFIED. Respectfully Submitted, Raymo . Kessler, PA ID #309802 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Telephone 570-387-1873 Fax 570-387-6474 lJu'"4- r✓ iteL07' .4 oi qsi Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY yew C !Wait, oFflC QF THEtYERIFF ti .Lt.J 'Ur f s THE PRO I HOMO TAI- ,s. � f' Y 16 AM 8: I CUMBERLAND COUNTY PENNSYLVANIA Remit Corporation Assignee of Unifund CCR LLC vs. Paul M Wargo Case Number 2013-808 SHERIFF'S RETURN OF SERVICE 10/09/2013 02:56 PM - Dawn Kell, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Citizens Bank, 665 North East Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Janine Sheaffer, Senior Banker., personally three copies of interrogatories together with three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on October 11, 2013 to Paul Wargo at 10 Egret Circle, Denver, PA 17517. 05/14/2014 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. However, attorney's office was able to collect $ 1,699.26 from bank garnishment. SHERIFF COST: $121.49 SO ANSWERS, May 14, 2014 (c) CouctySuite Sheriff, Teieosoff, Inc. rte^ RON R ANDERSON, SHERIFF