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HomeMy WebLinkAbout13-0751IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANLA REMIT CORPORATION, " ' ~ s::, "• Assignee of Unifund CCR, LLC, -~=~ _ ~-~' _`...,.~ Plaintiff ~ ~ ~ vs. ~= :CIVIL-LAW r-- -~" ~ t: ...,.., ~ `~S~ ~U~ = ' { ,-ri .. ~ MICHAEL T. SMITH, :DOCKET NO. ~ . ~ f ~- c Defendant ' ~ _- ~~: ~ ~ c ~ u { ,~ . -~- 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 RAYM ND W. KESSLER, ESQUIRE ail O3.7~c! a ~ a~ l c~~~ ~c~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. CIVIL-LAW MICHAEL T. SMITH, :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, Michael T. Smith, is an adult individual residing at 1.03 S. Fayette Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Defendant obtained a Citibank MasterCard credit card on or about September 24, 1998, from Citibank (South Dakota) National Association, (hereinafter "original creditor"), Account number 5491 1300 9159 0752. 4. Unifund CCR, LLC has been assigned the account of the Defendant by Pilot Receivables Management, LLC. Pursuant to Pa.R.C.P. No. 1019(1), a copy of the written agreement is attached hereto, incorporated herein and referred to hereafter as Exhibit B. Pilot Receivables Management, LLC purchased the account of the Defendant from Citibank (South Dakota) National Association. Pursuant to Pa.R.C.P. No. 1019(1), a copy of the written agreement is attached hereto, incorporated herein and referred to hereafter as Exhibit C. 6. Defendant used the extended credit leaving an unpaid balance of $3,583.36 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 February 20, 2009. 8. The balance on the charge-off is $3,583.36 and post-charge off interest has accrued in the amount of $685.65 to date for a total remaining balance due of $4,269.01. 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. 1 1. 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 $4,269.01. 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 $4,269.01. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $4,269.01, 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 Boz 7 Bloomsburg, PA 17815 a debt due to the undersigned from: Michael T. Smith # 789015 5491130091590752 for the sum of $4,269.01 arising from unpaid credit card services with interest accruing at 6.00°lo 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 Z~ day of January, 2013. ~~ Chris Blanton Unifund CCR, LLC EXHIBIT ASSIGNMENT THIS ASSIGNMENT is effective as of September 1, 2Q12 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 -~+ ~ ~ . Morga J. iiii i Vice Pr i ent f Op lion UNIFUND CCR, LLC By: Manager of Leg~l'Operations EXHIBIT .~lJ C.',nti~:tct tl): t~'v t i4t; ~iSBtir;1 ~ t ? tk~+:urnent ti): tlrii.31?CiNIt3A4TB[3t ikxunzrnt iLl: t7!i t 3 i?U1i i I3r~S"i'E3I31 1.70.:ument Ii): O6t3t_'U`~tC.CI 013131 t)ocurnent tT): f?f+l3l?CTtitiJCZ'fE3E31 B[LL C1~' SAGE :1YD ASStG~f~IEN'1' THIS HtLt OF SALE AND ASSIGNivt)=N~[', dated June t8, 20t? is by Citibank, N..~~., a na[ional banking association organized under the taws of the United Stales, located at 701 East 60th Street ~or[h, Sioux Falls, SD 57117 (the "Bank"} to Pilot E7eceivables Management, LLC', organized under the Paws of the State of C)ltio, with its headyuarters.%principal place o#~ husiness a[ 10625 ~('echwoods Ciro-le, Cincinnati, OH 45?42 ("Buyec"}. Fnr value received and subject to the terms Ind conditions of the Purchase and Sale Agreement dated June lf3, 2012, between Buyer acid the Bank (the "Agreement"), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set crver and dcfiv~K to E3uyer, rind to Buyer's successors :ind assi~~rts, the Accounts described in Exhibit 1 ar[d the final electronic tile. Citibank, N.A. ~~ ~~ (Signature} (~ ritlc:.~_ ~ nr~n tr.c.~..___i~ _~c ~u,~t-~ ~~~ f~ a~ >~. r.~ EXHIBR 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. St user III ' President, it Corporation IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. CNIL-LAW MICHAEL T. SMITH, :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 f 3 day of ~ ~~Z ti~~ , 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 ~~ ~il~ ~+D ~]GCffiCffi ~1V1~ l~li~f ~~ Last Name: SMITH First Name: MICHAEL Middle Name: T Active Duty Status As Of: Feb-08-2013 Results as of :Feb-08-2013 06:56:08 SCRA 2.3 On Active Duty On Acthre Duty Status Date Active Duty Start Date Active Duty End Date StaWS Servks Component NA NA No NA This response reflects the Individuals' active duty s~tus based on the Actfve Duty Status Date fart AcEiva Duty WHhkr 367 Days of Rc6ve puty Status Date Active Duty Start Date Active Duty End Data Statue Service Component NA NA No NA This response reflects wrtere~me individual left active duty status vrithln 367 days preceding the AGNe Duly Status Date The Member or HlalHer Unit Wes NoBfled of a Future CaH-Up to Act)ve Duty on AGlve Duty Status Date Older Notlflcatlon 3tert Date Order Notiflca8on End Date Statue Service Component NA NA Na NA This response reflects whether the individual or hlsJher unit has received earty notfflcatfon to report for actlve 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. Y~ Y~. ,l~.d,-,Q,~._ 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: 8DLHQ084M1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. :CIVIL-LAW MICHAEL T. SMITH, :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: Michael T. Smith 103 S. Fayette Street Shippensburg, PA 17257 Respectfully submitted, Raymoti'd 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. MICHAEL T. SMITH, Defendant ~, : ~-_'= ~' .:::; ~ y, ~ fir-: • .~ ~ .~ :CIVIL-LAW ~' =~'~ °~ ..' ~. c~ -~-~ ~ `` ~ DOCKET NO. ) 3-~S ~ c -~ ` ~. - ,~ ; ~V~ - ,~.:: ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully Submitted, ~~~~--~-z.----- , RAYM ND W. KESSLER, ESQUIRE Attorney ID 309802 36 W Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 w IN THE COURT OF C OMMON PLEAS � "urim r, OF THE 9'H JUDICIAL DISTRICT I p CUMBERLAND COUNTY-PENNSYLVANIA REMIT CORPORATION, ° + Assignee of Unifund CCR, LLC, un �' : CIVIL ACTION - LAW -mot un Plaintiff ' No. 13-751 Civil V. MICHAEL T. SMITH, Defendant ENTRY OF APPEARANCE Please enter the appearance of Forest N. Myers,Esquire,as attorney for the Defendant in the above-captioned matter. Forest N. yers,Esquire Atty I.D.# 18064 137 Park Place West Shippensburg,PA 17257 Phone 717. 532.9046 Fax 717.532.8879 e-mail fnmvers@lawofficeforestmyers com IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY-PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR,LLC, : CIVIL ACTION - LAW Plaintiff c7 , No. 13-751 Civil v. ? r"i-' MICHAEL T. SMITH °�RN Defendant NOTICE TO PLEAD You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt 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 and 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S Bedford Street Carlisle PA 17013 717.2493166 1.800.990.9108 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY-PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR,LLC, CIVIL ACTION - LAW Plaintiff No. 13-751 Civil V. MICHAEL T. SMITH, Defendant DEFENDANTS PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT Defendant,Michael T. Smith,by his counsel,Forest N.Myers,Esquire,preliminarily objects to Plaintiffs Complaint as follows: I Plaintiffs Complaint alleged that it is a debt buyer and successor in interest to Unifimd CCR, LLC., a third-party- debt collection agency, which is successor to Pilot Receivables Management,LLC.,which is the successor to Citibank N.A.,the original creditor. (Complaint T I) 2. Plaintiff further alleges that Michael T. Smith owes$4,269.01 on account (Complaint T8) 3. Plaintiff has attached Assignment of Claim to the Complaint as Exhibits "A", "B", 44C". 4. Plaintiff has not attached any contract or cardholder agreement executed between Citibank,N.A., and Michael T. Smith. 5. Plaintiff has made no indication that such contract is inaccessible,nor has it indicated any reason for any inaccessibility. 10 COUNT 1: PRELIMINARY OBJECTION IN ACCORDANCE WITH PA R.C.P. 1019(1) 6. The averments of Paragraphs 1 through 5 are incorporated by reference as if set forth more fully herein. 7. Pennsylvania Rule of Civil Procedure 1019(i)provides as follows: When any claim or defense is based upon a writing,the pleader shall attach a copy of the writing, or the material part thereof, but if the writing or copy is not accessible to the pleader, it is sufficient so to state, together with the reason, and to set forth the substance of the writing. 8. The Plaintiff's claim against Michael T. Smith is contingent upon the existence of an original contract or card holder agreement between CitiFinancial and Mr. Smith. 9. Such a "failure to attach the writings which assertedly establish [a creditor's] right to a judgment against appellants...is fatal to the claims set forth in [the creditor's] complaint. Alt. Credit & Fin. Inc., v. Giuliana, 829 A.2d 340, 345 (Pa. Super. Ct. 2003). 10. The Plaintiff has failed to indicate that such an agreement is inaccessible. WHEREFORE, pursuant to Pennsylvania Rule of Civil Procedure 1019(i), the Plaintiff's Complaint is insufficient and should be stricken and/or dismissed for non-compliance. Forest N. Nlyers,Esquire Atty 1.D.# 18064 137 Park Place West Shippensburg,PA 17257 Phone 717. 532.9046 Fax 717.532.8879 e-mail fnmyers a,lawofficeforestmyers com I verify that the statements made in the foregoing Preliminary Objections are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.Cons. Stat. §4904, relating to unworn falsification to authorities. Date: Michael T. Smith, Plaintiff IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY-PENNSYLVANIA REMIT CORPORATION, r7 Assignee of Unifund CCR, LLC, CIVIL ACTION - LAW C- Plaintiff MCO Z" rn- No. 13-751 Civil z�' = V. Ln o 6 o-- MICHAEL T. SMITH, . r C) Defendant CERTIFICATE OF SERVICE I, Forest N. Myers,Esquire, certify that a true and correct copy of the Entry of Appearance and Defendant's Preliminary Objections was served by depositing the same in the United States Mail, First Class,postage prepaid, at Shippensburg, Pennsylvania, on the 4t`day of April, 2013, on the following: Raymond W. Kessler,Esq. 36 W Main St Bloomsburg PA .17815 Forest N. My Esq. 137 Park PI W Shippensburg PA 17257 717.532.9046 717.532.8879 fnmyersglawofficeforestmyers.com Attorney ID No. 18064 \\Server\shareddocs\Word Processing\civil\forms\cert of svc.form.revAprOldoc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff C� vs. CIVIL-LAW --` MICHAEL T. SMITH, DOCKET NO. 13-751 Civil Defendant © ° PLAINTIFF'S ANSWER TO DEFENDANT'S PRELIMINARY OBJECTIONS =C:)c v C: NOW COMES the Plaintiff,by and through its attorney, Raymond W. Kessler Esquire, and files this Response to Defendant's Preliminary Objections as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. No response is required to Paragraph 6. 7. Admitted. 8. Denied. It is specifically denied that Plaintiff's claim is contingent upon the existence of an original contract. By way of further answer, Plaintiff is alleging an implied contract based upon the conduct of the parties. 9. No response is required to Paragraph 9. 10. Admitted. WHEREFORE, Plaintiff respectfully requests that this Honorable Court overrule the Defendant's Preliminary Objections and direct the Defendant to respond to the Complaint. Respectfully submitted, Raym nd W. Kessler, Esquire Attorney for Plaintiff PA ID #309802 36 West Main Street Bloomsburg, PA 17815 Phone: 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 MICHAEL T. SMITH, DOCKET NO. 13-751 Civil Defendant CERTIFICATE OF SERVICE I, Raymond W. Kessler, Esquire, do hereby certify that on 2d 131 served a true and correct copy of Plaintiff's Response to Preliminary Objections upon the Attorney for Defendant by U.S. mail, first class,post pre-paid, to the following: Forest N. Myers, Esquire 137 Park Place West Shippensburg, PA 17257 Raymond W. Kessler, Esquire Attorney for Plaintiff PA ID #309802 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873