HomeMy WebLinkAbout13-1091IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT,
COMMONWEALTH OF PENNSYLVANIA `= ""
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REMIT CORPORATION, ~ `
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Assignee of Unifund CCR, LLC, .``~'.~~ ~ ~ c._
Plaintiff ~~ -~ s.~-_"
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vs. :CIVIL-LAW ~ ~ ~'.., :~~
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CARL W. AVERY, :DOCKET NO. 22 G~
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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
RAYMO W. KESSLER, ESQUIRE
a~i~~.~s~ Q~
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Assignee of Unifund CCR, LLC,
Plaintiff
vs.
CIVIL-LAW
CARL W. AVERY, :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, Carl W. Avery, is an adult individual residing at 85 Longwood
Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050.
3. Defendant obtained a Citibank Visa credit card on or about January 18, 2010,
from Citibank (South Dakota) National Association, (hereinafter "original creditor"), Account
number 4128 0035 1693 2582.
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 $3,303.52 with
interest continuing to accrue at 6.00% per annum.
7. Defendant defaulted on the payments due.
8. The balance on the charge-off is $3,303.52 and post-charge off interest has
accrued in the amount of $426.82 to date for a total remaining balance due of $3,730.34.
9. Copies of statements showing purchases on this account are attached hereto,
incorporated herein and referred to hereafter as Exhibits D-K.
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 hislher 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 issued by 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 $3,730.34.
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 $3,730.34.
WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the
amount of $3,730.34, together with interest, costs, and such further and additional relief as this
Honorable Court deems just and equitable.
Respectfully submitted,
Raymon 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:
Carl W. Avery # 788208
4128003516932582
for the sum of $3,730.34 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.
i
Dated this `,~
day of
~~ ~Q~1"A~it~ , 20L~
tumn Hopki s
Unifund CCR, LLC
EXHIBIT
ASSIGNMENT
THIS ASSIGNMENT is effective as of August 1, 2012 between PILOT
RECEIVABLES MANAGEMENT, LLC an Ohio limited liability company ("Assignor"} and
UNIFUND CCR, LLC, an Ohio limited liability company ("Assignee"). Unless otherwise
defined herein, terms used herein shall have the meanings specified in the Servicing Agreement
between Assignor and Assignee (the "Agreement").
Assignor, for value received and in connection with the Agreement, transfers and assigns
to Assignee alI of Assignor's rights in the Receivables, for collection purposes only, including
conducting litigation in Assignee's name, for those Receivables which Assignor owns or may
acquire from time to time. Assignor shall retain title and ownership of such Receivables. The
assignment is without recourse to Assignor and without warranty of any kind (including, without
limitation, warranties pertaining to title, validity, collectability, accuracy or sufficiency of
information, and applicability of any statute of limitations), except as stated in the Agreement or
herein.
PILOT RECEIVABLES MANAGEMENT, LLC
~~
By: ~ ~ titi
Morg J. Sm h
Vice Pr s~en of a anon
IJNIFUND CCR, LLC
By:
Manager of Legal
Contract [D: t; iv I R~t(J'~tSBfl(~ l ~ l 2
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BILL OE SALE AYD ASS1CNlENT
CE{IS BILL OF SALE AND r15SIGNMENT, dated June 13, 2012 is by Citibank, N.A., u
national banking association organized under the taws of the United States, located at 70I East
fit}th Street North, Sioux Fails, SD 57 t 17 (the 'Bank") to Pilot Receivables Management, LLC,
organized tinder the laws of the State of Ohio, with its headyuarters/principal place of husiness at
1Ob25 "fechwoocis Circle, Cincinnati, OH d~Z42 {"Buyer").
For value received and subject to the terms and conditions of the Purchase and Sale A~•eement
dated June 1 S, 2012, between Buyer and the Bank (the "Agreement"), the Bank does hereby
transfer, sell, assign, Canvey, grant, bargain, set over and deliver to Buyer, and to Buyer's
successors and assigns, the Accounts described in Exhibit (and the final electronic tile.
Citibank, N.A.
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(Signature)
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Account Activity
Jan 13-Feb 09, 2010
Minimum Payment Due: New Balance:
Summary of Account Activity
$103.63 $3,058.63 Previous Balance $0 00
Payment Due Date: Payments ~ $0 00
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iedatw Purchases +$2,9256
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Late Payment Mlrnln¢ If we do not receive your Balance Transfers +$0.00
minimum payment by the date listed above, you may
have to pay up to a 539 late fee and Your APRs may be Cash Advances
F
Ch
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+$49
50
increased up to the variable Penalty APR of 29.99%. ees
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- .
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Interest Charged +$0.00
New Balance 3,058.63
Past Due Amount S0.00
Amt. Over Credit Limit $58.63
Credit Limit $3,000
Available Credit ~~ - ~ _ ~$0--
Cash~Advance Limit -- $900-
Available Cash Lirtut ~ ~ ~~~ -~ S0~
Statement Closing Date 62/09/2010
Days an Billing Cycle 28
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www.cltlcards.com
Account Member
CARL W AVERY
Account Number
4128 00351693 2582
~~ ThoskYou'~
Total ThankYau Member Available
Point Balance As Of 02/01/10:
Now to Reach Us ~ ~ ~ o
1-800-950-5114
Customer Service
BOX 6500
SIOUX FALLS, SD
57117
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***s******+t************s********************************s****-***s•
* Important Change to Your Account Terms
*****s*******************************rs********************s***s»**
* We are changing your account terms. The standard cash advance
* APR on your account will no longer increase when the U.S. Prime
* Rate increases. Effective 02/22/10, this variable APR changes to a
* non-variable APR as follows:
* Standard Cash Advance **APR**: 21.9990
***i**i*-**,*******+k********************i****-**********************
We thank you for being our customer and appreciate your business.
Standard Purchases
See Pos Description Amount
02103 02103 CINEMA CENTER OF CAMP CAMP HILL" PA 7.75
02/03 02/03 CINEMA CANTER OF CAMP CAMP HILL PA ~~ 12.50
02/03 02/03 CINEMA CENTER OF CAMP CAMP HILL PA 24 00
01/25 ~~ ~ ~ ~O>~Z5 CONCENTRA MECHANICSBURGPA 20.00
01x26 01726 WALGREENS tt9490 EDGEWATER MD 14 26
01/6 01)26 m CVS ~HARMACV m3l2033 403 EDGEWATER MD 26.35
01/31 01731 ~~ RITE Afb S70RE 3613 ~ -M~CHANIt~~6URGPA ~~ ~ ~ 61.52
01!18- ~~ ~- ~ ~~~t/1~ ~~- ~ GC~gA~'C1f`E 6094070005 609 407-0005 NJ ~ 63.48
01/18 01/18 VITAMAKER 626-810-9233 Clt ~ 83.30
Gl/23 01/23 _
GIANT FOOD Ft331 MECHAN~CSBURGPA 83.61
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How to Reach Us
1-800-950-5114 /~ ~' a
Customer Service ~'
BOX 6500
Account Number SIOUX FALLS, SD 57117
*"'* *"* "" 2582 Access your account online: www.citicards.com
01/24 01/24 GIANT FOOD #331 MECHANICSBURGPA 23.28
01 25 01j25' " GIANT FOOD 6331 MECHANICSBURGPA "" ' 2.99
41/25 ~~~ 01/25- ~ GIANT~FOOD'#331 MECHANICSBURGPA 10.00
01 25'
~~~~--'~~ ~~~01%'25 BENNY'S PET DEPOT MECHANICSBURGPA 8~~48
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01726 W'.._„_ bt726 "$A~EINAY S70RE00026294 ANNAPOLIS MD 7.10
01 26' 01/26 " 6EST'BUY 00001636 ANNAPOLIS MD 10.59
01726 01/26 BESTBUV 00001636 ANNAPOLIS MD 1,22394
01/28 01/28 'BEST BUY 00014787 MECHANICSBURGPA 1.48
01 28 01!28 WEISEi2'S MARKET it 3 MECHANICSBURGPA 12.43
01/28 01/28 GIANTfOOD~#331 MECHANICSBURGPA ~~~~ 13.77
01 29 01%29 APPLE STORE #R304 LANCASTER PA 21094
01%31 01731~~~~~ ~~~~~~ GNC #7282 ~'~'~~"~~"~"~MECHANIC~BU'1~1;'PA 119.57
01/31 01/31 ~ GIAN7~F000 22331 ' ' MEGHANICSBURGPA 3.16
01731 01/31 GIANT FOOD 31331 MECHANICSBURGPA 7.68
02703 02/03 blCl~''S SPORTINGGOODS HAMPDEN TOWNSPA 47.17
02/07 02/07 GIANT FOOD #3.31 MECHANICSBURGPA 19.43
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01/24
BURGER KING #12589 JESSUP MD
71.84
0125 01/25 WENDYS7130 025 MECHANICSBURGPA 14.39
O>7 25 ~ ~ ~----- 01/26 MCDONALD'SF16379 HUNT VALLEYMD 4.23
01/26 01/26 MCDONALD'S M5736 OF MD EDGEWATER MD 8.13
Oi7~6 01~~6 ~ WENDYS #0144 025 HUNTVALLEY MD ' ~ ~~ ~~~~~ ~~6.b3
Oi73i"'~ 01731'"` HAPPY GARDEN MECHANICSBURGPA 23.80
02/01 02/O1" -~~-~~A~~2B~'578~~3~W00078899 UPPERALLEN~~~A~ ~
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02%02 02/02 _
M000NALD'S F2449 CAMP HILL PA "' ~ "~ 10'.35
02 01 02%1- -ATOM AOETATT00~~ MECHANICSBURGPA 50.00
02/01 ~ 02%02~~~~ ~ ATOAA~AGE TATTOO-~~~~~ MECHANICSBURGPA~~ ~ ~~-~_-~~ ~~~~~~'~ 300.00
02/04 02/04 ATOM AGE7A'I`TOU MECHANICSBURGPA
- '" -221.20
01/23 _
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SOUTH RIVER 8P/LJiC EDGEWATER MD ~ 20.05
01/6 -'-- 01/26 RUTTER'SFARMS7R~#8 YORK PA 17.42
61/6 01/26 GIANT FUEL #331 ~ MECHANICSBURGPA _ -~~ _
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01%26 ~ 01/26 GIANTFUEL #331 MECHANICSBtfF~GPA~~ ~~" ~ ~ ~~-~~~~ 22.70
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01 31 01/31 7 ELEVEN 11425 MECHANICSBURGPA 10.18
J2JG2 02/02 SOUTH RIVER BP/ LJK EDGEWATER MD' 23.26
02/05 02/05 GIANT FUEL#331 MECHANICSBURGPA " 47.40
Standard Advances
e e os escr pt on Amoun
02/04 ~ 02/04 PSECU 1101 S FRONT ST HARRISBUR PA ~ ~~ _-~- -61.50
02/05 62/05 CENTRICB 6480 CARLISLE PIKE MECHANICS PA 22.00
Categorized Purchase Activity
Alr TravN Auto Rental Enbrtalnment Haaltn Cary Lodglnq Marchandlsa
0.00 0.00 44.25 122.13 0.00 1,953.00
Mlseellaneous Organlzatlons Other Trawl Restaurants Servlus Vahlcla services
0.00 0.00 0.00 93.04 571.20 142.01
Fees
Sele Post Description Amount
02/09 __...
MEMBERSHIP FEE FEB 10-JAN11
-~ - ~ 0.00
. -
02/09 _ __ ..
ADVANCES'MINIMUM FEE
0.50
_...-.-.
02/09
ADVANCES'TRANSACTION FEE
10.00
02/09
.._ OVER CREDIT LIMIT FEE
..
. 39.00
_
-
TOTAL FEES FOR THIS PERIOD 49.50
Interest Charged
Post Descr tion _ Amount
~_- ~-_ -.. ., ~„. ,., ... ..a~. . .__,._...~,~-_ _. ....._. ,~...._...~
TOTAL INTEREST FOR THIS PERIOD 0.00
Rate Summary Days Tnls Blalnq Period: 28
Balance Subject to Periodic Nominal ANNUAL
PERCENTAGE
Interest Charge Rate ApR
RATE
PURCHASES
-- Standard Purch 0.00 0.00000%(D) 0.000% _ ~~~ 0-.000%-'~
ADVANCES
StantlardAtlv 17.13 0.06025%(D) 21.990% 150.847%~
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Dining, movies, bookstores, music stores
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How to Reach Us /'"\a
1-800-950-5114 ~' ~'
Customer Servke
BOX 6500
SIOUX FALLS, SD 57117
Account Number
**** **** **** 2582 Aecess your account online: www.cltlcards.com
Each Cash Advance is subject to a one-time transaction fee. This fee will cause
your Annual Percentage Rate to exceed the nominal Annual Percentage Rate listed
on this statement.
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11,000
ThankYou Points Summary Member ID: N/A
ThankYOU Points Eamad This Period
Category Merchant Card Memtwr Payment
Bast Bonus Bonus Bonus Rewards Bonus AAJusted
2,788 686 0 11,000 0 0
Total ThankYOU Points Earned This Period: 14,474
ThankYou Points Earned Ysar to Date
Total Total Total Total
Basa Bonus Adjusted Eamod
2,788 11,686 0 14,474
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Account Activity
Feb 10-Mar 10, 2010
Minimum Payment Due: New Balance:
$214.95 $3,099.29
Payment Due Date:
04~~7~201~ ~~tmusthWpa~yreinldwaat~aPM
Late Payment Mfarnirtq: If we do not receive your
minimum payment byy the date listed above, you may
have to pay up to a g39 late fee and your APRs may be
increased up to the variable Penalty APR of 29.9996.
Summary of Account Activity
Previous Balance $3,058.63
Payments -$0.00
Other Credits -$0.00
Purchases ~~~~~ - ~ ~~~~+$0.00
Balance Transfers +$0.00
Cash Advances ~~ ~ ±$0~00~-
FeesCharged +$39.00
..
Minimum Pa
ymant Mlarninq: If you make only the New Balance 3,099.29
minimum payment each pQriod, you will pay more in
interest and it will take you longer to pay off your Past Due Amount $45.00
balance. For example:
If you make no ! You will pay off 'Ana you will and Amt. Over Credit Limit S99.29
additional charges ithe balance shown up paying an Credit Limit $3 000
,._. ..
using this card and ; on this statement' estimated total Available Credit $0
oath month you pay... In about... of...
Cash Advance Limit _, ..
$900
Only the minimum 16 year(s) $5,820 Available Cash Limit $0
payment Statement Closing Date 03/10/2010
$3.828
S105 3 year(s) s~ _I gs_St ~z~
., .,...,...._. ,,.,,,.........
Days in BIIIing Cycle ~ Interest Charged +$1.66
~ 29
For information about credit counseltne services, all 1-677-337-6168.
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Account Member
CARL W AVERY
Account Number
4128 00351693 2582
~~ThaatYou~~
Total ThankYou Member Available
Point Balance As Of 03/01/10:
How to Reech Us ~ ~ ~ a
1-800-950-5114
Customer Service
BOX 6500
SIOUX FALLS, SD
57117
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Categorized Purchase Activity
Air TravN Auto Rental Entartalnmant Health Cara Lodqlnq Merchandise
0.00 0.00 0.00 0.00 0.00 0.00
Miscellaneous Organizations Other Travel Restaurants Sorvlces Vehicle Services
0.00 0.00 0.00 0.00 0.00 0.00
Fees
Sefe Post Description Amount
03/10 LATE FEE FEB PAYMENT PAST OUE 3900
TOTAL FEES FOR THiS PERIOD 39.00
Interest Charged
Post Description Amount
.,. .... -... ,,. ,. _.v,,.: ....ern-.-
03/10 ADVANCES*IN7ERESTCHARGE*PERIODICRATE 1.66
TOTAL INTEREST FOR THIS PERIOD 1.66
Rate Summary Days This Bllling Period: 29
Balance Subject to Periodic Nominal ANNUAL
PERCENTAGE
Interest Charge Rate APR RATE
PURCHASES
Standard Purch _ - ~ ~ 2 , 964~.~~~~~ 0. d~0000%(D)~ ~ 0.000% 0 000%
ADVANCES
SfandardAdv 94.80 0.06025%(Dj 21.990% 21.990%
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SIOUX FALLS, SD 57117
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ThankYou Points Summsry Member ID: N/A
ThankYou Points Earnsd Thls Period
Cate~ry Merchant Card Member Payment
Base Bonus Bonus Bonus RewaMs Bonus Adjusted
0 0 0 0 0 0
Total ThankYou Points Earned This Period: O
ThankYou Points Earned Year to Data
Total Total Total Total
Base Bonus Adjusted Earned
2,788 11,686 0 14,474
Go to www.thankyou.com to review your ThankYou Point balance and redeem!
Bonus Points may take one to two billing cycles to appear on your statement. Please refer to
the specific terms and conditions pertaining to the promotion for further details.
Only accounts that are open and current may earn and redeem ThankYou Points. If
your account is past due, some ThankYou Points may be unavailable for
redemption. Unavailable points may be reinstated, once you become current with
your payments. A reinstatement fee may be charged. To view your scheduled
payments and payment history, sign on to Account Online using the URL on the
back of your card. To view available ThankYou Points, visit www.ThankYou.com
Your late fee was based on your account balance as of the payment due date
(03/04/10), which was $3,058.63.
Your account is past due and your balance is over the credit line. To ensure you
continue to receive the many benefits of your cardmembership, please send the
Minimum Payment Due shown. If you have already sent us this payment, thank you.
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Mar 11-Apr 09, 2010
Minimum Payment Due: New Balance:
$327.43 $3,140.03
Payment Due Date:
05/07/2010 klal~t own tttb`pam:nidwaat~•.PM
Late Payment Mlarnin¢ If we do not receive your
minimum payment byy the date listed above, you may
have to pay up to a S39 late fee and Vour APRs maV be
increased up to the variable Penalty APR of 29.9996.
Minimum Payment [Marnin¢ If you make only the
minimum payment each period, you will pay more in
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balance. For example:
If you make no ` You will pay off '. And you will and
additional charges Ithe balance shown up paying an
using this card and on this statement - estimated total
each month you pay... In about... ot...
Only the minimum 15 year(s) $5,820
payment
5104- ~~- 3year(s) ~~ .~ $3862~~~~
lSav 9s=$195A)
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Summary of Account Activity
Previous Balance $3,099.29
Payments -$0.00
Other Credits $000
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Purchases ._.
..._
+$0.00
Balance Transfers +$0.00
Cash Advances _~,.
+$0.00
FeesCharged~_......-~..... .. +539.00
Interest Charged +$1.74
New Balance 3,140.03
Past Due Amount $115.66
Amt. Over Credit Limit $140.03
Credit Limit $3,000
Available Credit $0
Cash Advance Limit $900
Available Cash Limd $0
Statement Closing Date
,......,. 04/09/2010-
.
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.
Days in Billing Cycle ,
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www.cltlcards.com How to Reach Us
Account Member 1-800-388-2200 ~ ~~
CARL W AVERY
Customer Service
Account Number BOX 6500
SIOUX FALLS, SD
4128 00351693 2582
57117
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for great rewards, and earn more points.
Categorized Purchase Activity
Air Trawl Auto Rental Entertainment Health Cara Lodging Merchandise
0.00 0.00 0.00 0.00 0.00 0.00
MlseNlaneous Organizations Other Trawl Restaurants Services Vehlcla Services
0.00 0.00 0.00 0.00 0.00 0.00
Fees
Sele Past Description Amount
04!09 LATE FEE -MAR PAYMENT PAST DUE 39.00
TOTAL FEES FOR THtS PERIOD 39.00
Interest Charged
Post Description Amount
04/09 ADVANCES"INTEREST CHARGE*PERIODIC RATE 1.74
TOTAL INTEREST FOR THIS PERIOD i.74
Rate Summary Days Thls Blllinq Period: 30
Balance Subject to Periodic Nominal ANNUAL
PERCENTAGE
Interest Charge Rate ApR RATE
PURCHASES
Standard Purch ~~~ _ ~~~~~ 3 , 003 , 63 ~ 0.00000%<D) ~ _ 0.000%~ ~~ ~ W ~~~0.000%~
ADVANCES
Sfand'ardAdv 96.50 O.b6025%(D) 21.990% 21.990%'
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a' 1-800-388-2200
Customer Service
BOX 6500
SIOUX FALLS, SD 57117
'VtSa Aecount Number
"*** **** "*** 2582 Access your account online: www.cltlcards.com
ThankYou Points Summary Member ID: 8910239656533904
ThankYou Points Earned Thts Period
Catpory Merchant Card Member Payment
Base Bonus Bonus Bonus Rewards Bonus Adjusted
0 0 0 0 0 0
Total ThankYou Points Earned This Period: O
ThankYou Points Earned Year to Date
Total Total Total Total
Base Bonus Adjusted Earned
2,788 11,686 0 14,474
Go to www.thankyou.com to review your ThankYou Point balance and retleem!
Bonus Points may take one to two billing cycles to appear on your statement. Please refer to
the specific terms and conditions pertaining to the promotion for further details.
Due to your late payment status you did not earn any points this month. To view
your scheduled pa ments and payment history, sign on to Account Online using the
URL on the back of your card. To view available ThankYou Points, visit
www.ThankYou.com
Your late fee was based on your account balance as of the payment due date
(04/07/10), which was $3,099.29.
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Account Member
CARL W AVERY
Account Number
4128 00351693 2582
~~ ThaekYaiu ~~
Total ThankYou Member Available
Point Balance As Of OS/03/10: 0
How to Reach Us /10
1-800-866-9900 ~' ~'
Customer Service
BOX 6500
SIOUX FALLS, SD
57117
www,thankyou.com
Log on to www.thankyou.com/statement today to check your latest point balance, redeem
for great rewards, and earn more points.
Categorized Purchase Activity
Air Travel Auto Rental Entertainment Health Caro Lodpinq Merchandise
0.00 0.00 0.00 0.00 0.00 0.00
Mlseellaneous Organlzatlons Other Trawl Restaurants Servlees VehleNServlws
0.00 0.00 0.00 0.00 0.00 0.00
Fees
Sale Post Descri~tton r ._ ._.. _ Amount
05/11 LATE FEE -APR PAYMENT PAST DUE 39 00
_ ~ ~ TOTAL FEES FOR~~ ~ ~~ ~ ~ ~ ~ _ ~~ ~- ~~~
THIS PERIOD 39.00
Interest Charged
Post Descri tion Amount
..,>,~, „tee ..".>..,.,~,>. ,., ,. .,_- .,,~ ~ .....,_"..e,.
O5/it ADVANCES*INTERESTCHARGE*PERIODIC RATE 1.90
TOTAL INTEREST FOR THIS PERIOD 1.90
Rate Summary Days Tnls Blllinq Period: 32
Balance Subject to Periodic Nominal ANNUAL
PERCENTAGE
Interest Charge Rate ApR RATE
PURCHASES
Standard~~Purch ~ ~"
,... _. ~ ...._..3 042.63
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21~.~990~~~
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•
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Customer Service '
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BOX 6500
SIOUX FALLS, SD 57117
Account Humber
***` **"* "*** 2582 Access your account online: www.eitieards.eom
ThankYou Polnts Summary Member ID: 8910239656533904
ThankYou Polnts Earned Thla Period
Catpory IMrchant Card Member Payment
Base Bonus Bonus Bonus Rewards Bonus Adjusted
0 0 0 0 0 0
Total ThankYOU Points Earned This Period: 0
ThankYou Polnts Eamed Year to Date
Total Total Total Total
Base Bonus Adjusted Earned
2,788 11,686 0 14,474
Go to www.thankyou.com to review your ThankYou Point balance and redeeml
Bonus Polnts may take one to two billing cycles to appear on your statement. Please refer to
the specific terms and conditions pertaining to the promotion for further details.
Due to your late payment status you did not earn any points this month. To view
your scheduled payments and payment history, sign on to Account Online using the
URL on the back of your card. To view available ThankYou Points, visit
www.ThankYou.com
Your late fee was based on your account balance as of the payment due date
(05/07/10), which was $3,140.03.
Your account is seriously past due and your credit privileges have been suspended.
Please call the toll-free number to learn about our special payment options. Call
Monday -Friday, 7 am - 9 pm, or Saturday, 8 am - S pm, Central Time.
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BOX 6500
SIOUX FALLS, SD 57117
YtSa Account Number
**** **** **** 2582 Access your account online: www.cltlcards.com
ThankYou Polnts Summary Member ID: 8910239656533904
ThankYOU Polnts Earned Thls Period
Catogwy Merchant Card Memtar Payment
Base Bonus Bonus Bonus Rewards Bonus Avusted
0 0 0 0 0 0
Total ThankYOU Polnts Earned Thls Period: O
ThankYou Polnts Earmd Year to Date
Total Total Total Total
Base Bonus AaJusted Earned
2,788 11,686 0 14,474
Go to www.thankyou.com to review your ThankYou Point balance and redeem!
Bonus Points may take one to two billing cycles to appear on your statement. Please refer to
the specific terms and conditions pertaining to the promotion for further details.
Due to your late payment status you did not earn any points this month. To view
your scheduled payments and payment history, sign on to Account Online using the
URL on the back of your card. To view available ThankYou Points, visit
www.ThankYou.com
Your late fee was based on your account balance as of the payment due date
(06/07/10), which was $3,180.93.
Your account is seriously past due and your credit privileges have been suspended.
Please call the toll-free number to learn about our special payment options. Call
Monday -Friday, 7 am - 9 pm, or Saturday, 8 am - 5 pm, Central Time.
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1-800-568-5000 /w\e
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Account Activity BOX 06500 ervlce
Jun 10-Jul 09, 2010 Account Number SIOUX FALLS, SD
4128 00351693 2582 57117
~ Minimum Payment Due: New Balance:
Summary of Account Ac tivity
v $3,262.52 53,262.52 Previous Balance $3
221.68 Categorized Purchase Activity
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07/09 °°°
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39 00
minimum payment each period, you will pay more In Past Due Amount $332.05
interest and It will take you longer to pay ofi your TOTAL FEES FOR THIS PERIOD 39.00
balance. Far example: Amt. Over Credit Limit $262.52
If you make no You will pay off And you will end Credit Limit $3 000 Interest Charged
atldltlonal charges the balance shown up paying an
using this card and ~ on tMs statement estimated total .... ... ~
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& each month you pay_ In about . of... Cash Advance Limit $900 07/09 INTEREST CHARGED TO STANDARD ADV 1.84
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payment
....... __
Statement Closing Date ~......». ....
07/09/2010
Days iri Billing Cycle ~ ~ 30 2010 Totals Year-to-Date
s For Information a6aut credit counseling services, call t-877-337-8188.
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Total Fees charged In 2010 $244.50
Total Interest charged h 2010 $8.89
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---- ~ ~~~~ How to Reach Us
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0 1-800-568-5000 /~~
,,, *~ Customer Service '
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~ BOX 6500
wfa Account Number SIOUX FALLS, SD 57117
'"*' •"` "" 2582 Access your account online: www.elticards.com
Your late fee was based on your account balance as of the payment due date
(07/07/10), which was $3,221.68.
Help is available! Please call the toll free number to learn about our special
payment options. Call Monday -Friday, 7 am to 9 pm, or Saturday, 8 am to 5 pm,
Central Time. Please give us the opporturnty to assist you.
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Account Member 1-800-756-4000 /aa\a
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Account Activity
1+lSA BOX 6500
Aeeount Number
Jul 10-Aug 10, 2010 SIOUX FALLS, SD
4128 00351693 2582 57117
Minimum Payment Due: New Balance:
Summary of Account Ac tivity
$3,303.52 $3,303.52 Previous Balance S3 262 52 Categorized Purchase Activity
Payments
~ $000 Alr Travol Auto Rental Entertainment Health Caze Lodglnq Merchandise
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Days in Billing Cycle 32 2010 Totals Year-to-Date
Total Fees charged Yt 2010 $283.50
Total Interest charged h 2010 $10.89
For information about credit counseling services, call t-877-337-818a.
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**** **** **** 2582
NOTICE OF CLASS-ACTION SETTLEMENT
THIS NOTICE MAY AFFECT YOUR RIGHTS. PLEASE READ IT CAREFULLY.
A settlement has been reached in a class action alleging that Citibank (South
Dakota), N.A. increased periodic rates due to delinquency or default without prior
notice. You may be a member of the settlement class. To obtain information
regarding the settlement, please go to http:/Iwww.casenosacv06571.com
Your late fee was based on your account balance as of the payment due date
(OS/07/10), which was $3,262.52.
Help is available! Please call the toll-free number to learn about our special
payment options. Call Monday -Friday, 7 am to 9 pm, or Saturday, 8 am to 5 pm,
Central Time. Please give us the opportunity to assist you.
How to Reach Us
1-800-756-4000
Customer Service
BOX 6500
SIOUX FALLS, SD 57117
Access your account online: www.clticards.com
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CARL W AVERY
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How to Reach Us
1-800-925-8871
Customer Service
BOX 6500
Account Number SIOUX FALLS, SD 57117
**** **** **** 2582 Access your account online: www.clticards.com
2010 Totals Year-to-Date
Total Fees charged L1 2010 $283.50
Total Interest charged lh 2010 $10.89
Interest Charge Calculation
Your Annual Percentage Rate (APR)Is the annual interest rate on your account.
Annual Percentage Balance Sub~ectto
Type of Balance Rate (APR)
..~._~_.~__-...,.~.._.._.-..~. e Interest Rate
_.n__ _-__m.__ Interest Charge
_ .
.
PURCHASES
...._.. , .
Standard Purch 14.240% (V) $0.00 (0) $0.00
ADVANCES
Standard Adv 21990% $105 81 (D) $0.00
Help is available! Please call the toll-free number to learn about our special
payment options. Call Monday -Friday, 7 am to 9 pm, or Saturday, 8 am to 5 pm,
Central Time. Please give us the opportunity to assist you.
Cltle
2of2
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. sser III
President, emit Corporation
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Assignee of Unifund CCR, LLC,
Plaintiff
vs.
CIVIL-LAW
CARL W. AVERY, :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.2~o day of~~/~~/~ , 2013
Raymo .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
.7~'S~
wit ~0 ~'+~'V'1G ~1Vil ~~
Last Name: AVERY
First Name: CARL
Middle Name: W
Active Duty Status As Of: Feb-21-2013
Results as of :Feb-21-2013 12:30:04
SCRA 2.3
On ACWe DuEy On Active DWy'3Uhte DaOa
Actlva Dury9tart Date Active'Duty Errd Oaa6e Stahte ServloeEkmporront.
NA NA No NA
This response reflects ttrelndivkluals' active duty status based on the Active Duty Status Date
L4R Active Duty Wghtn 3B7 Gays of Ac1Hs Duty Status Deb
Active Duty Start Dela Active Duly End Date Smd,s Servfae CortgtoneM
NA NA No NA
This response reflects where the indMdual left acfivq duty stglus within 387 days preceding the Active puty Status Date
The Member'or HlelHSrUnlt Wee NoflfleC of a FUbue CdWp m Atdl`re Duty on AdkeDury SIQAw Dale
Order NotClcatlon Staif Date Order Nodflcatlon End Dats Stable Service Component
NA NA No NA
This response reflects whether the {ndhndual or hialher unit has received early notiflcation to report for actve duly
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.
~~ ~-~...
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 ref®renced 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 infonmation: (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: RH3HVE184A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
COMMONWEALTH OF PENNSYLVANIA
REMIT CORPORATION,
Assignee of Unifund CCR, LLC,
Plaintiff
vs.
CTVII.-LAW
CARL W. AVERY, :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: Carl W. Avery
85 Longwood Drive
Mechanicsburg, PA 17050
Respectfully submitted,
Raymond W. Kessler, Esquire
Attorney ID 309802
36 West Main Street
Bloomsburg, PA 17815
Phone: 570-387-1873
Fax: 570-387-6474
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY~~
COMMONWEALTH OF PENNSYLVANIA ~'
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REMIT CORPORATION, ~:r ~..., ~
Assignee of Unifund CCR, LLC,
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CARL W. AVERY, :DOCKET NO. 1 ~ ~l ~ / /C~f~ //~
Defendant
ENTRY OF APPEARANCE
Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in
the above captioned matter.
Respectfully Submitted,
RAYM W. KESSLER, ESQUIItE
Attorney ID 309802
36 W Main Street
Bloomsburg, PA 17815
Phone: 570-387-1873
Fax: 570-387-6474
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson RILEU-QFFICt
Sheriff rte OF THE PROTHONOW'
Jody S Smith
Chief Deputy 2013 MAR 18 AM 9: 51
Richard W Stewart
Solicitor OFFICE OF THE SHERIFF CUMBERLAND coUNTY
PENNSYLVANIA
Remit Corporation
S. Case Number
Carl Avery 2013-1091 i W Ave
SHERIFF'S RETURN OF SERVICE
03/0412013 Ronny R Anderson, Sheriff, being duly swom according to law,states he made diligent search and inquiry
for the Within named Defendant to wit: Carl W Avery, but was unable to locate the Defendant in his
bailiwick.The Sheriff therefore returns the within requested Complaint&Notice as"Not Found"at 85
Longwood Drive,Silver Spring Twp.,Mechanicsburg, PA 17050. Deputies were advised by the current
resident that the defendant may be residing in Gatesville, MD or Edgewater, MD but has not resided at
this address for quite some time.The Mechanicsburg Postmaster confinned that the defendant is not
known at this address and was unable to provide a forwarding address for the defendant.
SHERIFF COST: $43.00 SO ANSWERS,
March 12, 2013 RbNW R ANDERSON,SHERIFF
(c)CountySuite Sheriff,Teleosoft hic.