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HomeMy WebLinkAbout13-2538 Supreme Cow' r o Pennsylvania i ~s Co ommo ' leas For Prothonotary Use Only: rv) Docket No: t T i s ; S County ,r `• ��. ,sue`' The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: S ■J Complaint ® Writ of Summons Petition Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: , REMIT CORPORATION, ASSIGNEE OF UNIFUND CCR, LLC NORMA CHAPMAN I Are move dam requested? '■ Yes ©No Dollar Amount Requested: Nwithin arbitration limits Y g re q (check one) []outside arbitration limits O N Is this a Class Action Suit? E3 Yes l No Is this an MDJAppeal? 0 Yes 0 No A Name of Plaintiff /Appellant Attorney: RAYMOND W. KESSLER, ESQU IRE Check here if you have no attorney (are a Self- Represented (Pro Sel Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ® Intentional n Buyer Plaintiff Administrative Agencies ® Malicious Prosecution © Debt Collection: Credit Card 0 Board of Assessment Motor Vehicle [3 Debt Collection: Other [3 Board of Elections Nuisance Dept. of Transportation ® Premises Liability Statutory Appeal: Other S El Product Liability (does not include 13 Employment Dispute: E mass tort) Slander/Libel/ Discrimination ® C [3 Other: n Employment Dispute: Other Zoning Board Other: , T Other: O MASS TORT 0 Asbestos N [] Tobacco Toxic Tort - DES ® Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS n Toxic Waste Ejectment [3 Common Law /Statutory Arbitration B r_1 Other: 0 Eminent Domain/Condemnation 0 Declaratory Judgment 13 Ground Rent [3 Mandamus 0 Landlord/Tenant Dispute 0 Non- Domestic Relations ® Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY El Mortgage Foreclosure: Commercial 0 Quo Warranto 0 Dental [3 Partition 0 Replevin El Legal ril Quiet Title 0 Other: Medical ® Other: Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, rn "n F Plaintiff < VS. CIVIL -LAW CD —• CD T NORMA CHAPMAN, DOCKET NO. f �j �� S3� ` = Defendant �� cam 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 Cl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff VS. CIVIL -LAW NORMA CHAPMAN, DOCKET NO. �j- p� 3 � Liu I 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, Norma Chapman, is an adult individual residing at 411 Ross Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Defendant obtained a Citibank MasterCard credit card on or about May 8, 2006, from Citibank (South Dakota) National Association, (hereinafter "original creditor "), Account number 5424 1805 6268 6292. 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(i), 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(i), 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 $5,854.07 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 July 16, 2009. 8. The balance on the charge -off is $5,854.07 and post - charge off interest has accrued in the amount of $1,205.78 to date for a total remaining balance due of $7,059.85. 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. 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. 12. Defendant's failure to pay is a breach of the implied contract between the Defendant and 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 $7,059.85. 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 $7,059.85. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $7,059.85, together with interest, costs, and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, Raymond W. Kessler, Esquire Attorney ID 309802 36 West Main Street Bloomsburg, PA 17815 Phone: 570- 387 -1873 Fax: 570 - 387 -6474 ASSIGNMENT OF CLAIM PURSUANT TO PENNSYLVANIA ACT 219 OF 1990 For value received, the undersigned: Unifund CCR, LLC assigns to: The Remit Corporation doing business at: 36 W Main Street PO Box 7 Bloomsburg, PA 17815 a debt due to the undersigned from: Norma Chapman 5424180562686292 # 803550 for the sum of $7,059.85 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 April, 2013. C` Chris Blanton Unifund CCR, LLC EXHIBIT a ASSIGNMENT THIS ASSIGNMENT is effective as of March 1, 2013 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 -�/ 7 By: r' Morg S ith Vice a 'de t of eration UNIFUND CCR, LLC By: A ulumn Hop in Manager of Legal Operations EXHIBIT a Contract ID: UNIMUMSB061812 Document ID: 061312LINIBA41BBI Ckxtiment ID: 061312UNIBA5TBBI Document lD: 06131 2U'N t UC t I'BB Document ID: 0613t2UN1UC2TBB1 BILL OF SALE AND ASSIGN IENT THIS BILL OF SALE AND ASSIGNMENT, dated June 13, 2012 is by Citibank, N.A., a national banking association organized under the laws of the United States, located at 701 East both Street North, Sioux Falls, SD 57117 (the "Bank ") to Pilot Receivables Management. LLC, organized under the laws of the State of Ohio, with its headquarters/pti nci pal place of business at 10625 Techwoods Circle, Cincinnati, OH 45242 ( "Buyer "). For value received and subject to the terms and conditions of the Purchase and Sale Agreement dated June 18, 2012, between Buyer and the Bank (the "Agreement "), the Bank does hereby transfer, sell, assign, convey, grant, bargain, set over and deliver to Buyer, and to Buyer's successors and assigns, the Accounts in Exhibit I and the final electronic tile. Citibank, N.A. By: Y _ (Signature) Name: Pct I C. .l a 1'itic: i Ut , r'i EXHIBIT 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 unworn falsification to authorities. "1. Dwayne Heisler Vice - 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 NORMA CHAPMAN, 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 thisd4 -day of 1�pr' , 2013 Raymond W. Kessler, Esquire Attorney ID 309802 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570 - 387 -6474 Results as of: Apr -26 -2013 12:02:48 "Department of Defense Manpower Data Center SCRA 3.0 Status Report P'ursu,aut , to Sery ceruemben Civil Relief Act. Last Name: CHAPMAN First Name: NORMA Middle Name: Active Duty Status As Of: Apr -26 -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 Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA .r No r NA This response reflects where the Individual left active duty status within 367 days preceding the Active Duty Status Date � 1 The Member or His/Her Unit Was Notified of a Future Call -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date - Status Service Component NA NA No NA This response reflects whether the Individual or his/her unit has received early 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. • Mary M. Snavely- Dixon, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Arlington, VA 22350 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act (50 USC App. § 501 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil" URL: hftp: / /www.defenselink.mil /faq /pis /PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 521(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date (3) Whether the individual or his /her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name, SSN /date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: M2A0N6ABS01A510 a a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff VS. CIVIL -LAW NORMA CHAPMAN, 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: Norma Chapman 411 Ross Avenue New Cumberland, PA 17070 Respectfully submitted, Ray KndW. 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, n i m ' Plaintiff cn r !� VS. CIVIL -LAW CD xM• NORMA CHAPMAN, DOCKET NO. Defendant ail c:> ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully Submitted, e��_ tln7w��� RAYN1 ND W. KESSLER, ESQUIRE Attorney ID 309802 36 W Main Street Bloomsburg, PA 17815 Phone: 570- 387 -1873 Fax: 570-387-6474 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson 0F'FI�.,- Sheriff Ili` C' u ljt Jody S ChefDeprutyh # 2013 JIW4 —7 Richard W Stewart R . CfMBERLAND l OU,4 f Solicitor PEMS Y _VANIA Remit Corporation Assignee of Unifund CCR LLC Case Number vs. Norma Champman 2013-2538 SHERIFF'S RETURN OF SERVICE 05/10/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Norma Champman, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of York, Pennsylvania to serve the within Complaint&Notice according to law. 05/16/2013 The requested Complaint& Notice served by the Sheriff of York County upon Norma Champman, personally, at 411 Ross Avenue, New Cumberland Borough, New Cumberland, PA 17070. Richard Keuerleber, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.46 SO ANSWERS, June 04, 2013 RONNY R ANDERSON, SHERIFF (c)CountySuito Sheriff,Teleosoft,Inc. SHERIFF'S OFFICE OF YORK COUNTY Richard P Keuerleber PETER J. MANGAN, ESQ. Sheriff Solicitor Reuben B Zeager Richard E Rice, II Chief Deputy, Operations Chief Deputy Administration REMIT CORPORATION, ASSIGNEE OF UNIFUND CCR, LLC Case Number vs. NORMA CHAPMAN 1:3-2538 CIVIL SHERIFF'S RETURN OF SERVICE 05/16/2013 12:13 PM -DEPUTY MICHAEL DONOVAN, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT&NOTICE BY"PERSONALLY"HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: NORMA CHAPMAN AT 411 ROSS AVENUE, NEW CUMBERLAND, PA 17070. MICHAEL EfONOVAN, DEPUTY SHERIFF COST: $45.60 SO A ERS, May 29, 2013 RICHARD P K ERLEBER, SHERIFF COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheila E.Conk,Notary Publk Qty of York,York County My Comm , reS Feb•1,2017 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES - ---------------------------------------------------------------------------------------------------------------------------------------—— NOTARY Affirmed and subscribed to before me this 29TH day of MAY 2013 (c)CountySuite Sheriff,Teleosoft,Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA f...J "- REMIT CORPORATION, • c Assignee of Unifund CCR, LLC, 'rrl Z3 Plaintiff ``' r' vs. . CIVIL-LAW 3;.•p ~' f c`r NORMA CHAPMAN, : DOCKET NO. 13-2538 < 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 $ 7,059.85 Court Costs $ 186.81 Default Judgment $ 16.50 Interest from May 7, 2013 $ 58.03 Total: $ 7,321.19 Kindly assess damages against Defendant in the sum of$7,321.19 plus continuing interest at the statutory rate of 6%. BY: Raymond W.W. Kessler, Esquire 04 Gto 61t.D.SCe Ck4f qaba6 1111 /Vfr?i m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA • REMIT CORPORATION, • Assignee of Unifund CCR, LLC, Plaintiff vs. : CIVIL-LAW NORMA CHAPMAN, : DOCKET NO. 13-2538 Defendant TO: Norma Chapman 411 Ross Avenue New Cumberland, PA 17070 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment by Default Money Judgment Judgment in Replevin Judgment of Possession Judgment on Award on Arbitration Judgment on Verdict Judgment on Court findings !a8 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 NORMA CHAPMAN, : DOCKET NO. 13-2538 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 12, 2013. BY: , ` Raym•nd W. Kessler, Esquire IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, • Assignee of Unifund CCR, LLC, • Plaintiff • vs. : CIVIL-LAW NORMA CHAPMAN, : DOCKET NO. 13-2538 Defendant TO: Norma Chapman DATE OF NOTICE: June 12, 2013 411 Ross Avenue New Cumberland, PA 17070 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: Norma Chapman Raymond . Kessler, Esquire 411 Ross Avenue 570-387-1873 New Cumberland, PA 17070 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA • REMIT CORPORATION, • Assignee of Unifund CCR, LLC, • Plaintiff • vs. : CIVIL-LAW NORMA CHAPMAN, : DOCKET NO. 13-2538 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 thisc 7 day of TU nQ- , 2013 Rayme W. Kessler, Esquire Attorney ID 309802 36 West Main Street Bloomsburg, PA 17815 Telephone: (570) 387-1873 Fax: (570) 387-6474 Results as of:Jun-262013 10:49:55 Department of Defense Manpower Data Center SCRA 3.0 't, Status Report g "r _ Pursuant to Servicemembers Civil Relief Act Last Name: CHAPMAN First Name: NORMA Middle Name: Active Duty Status As Of: Jun-26-2013 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 Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date ■ The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early 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. )142101. .... 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: 93C66416T0EC130 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA • REMIT CORPORATION, • Assignee of Unifund CCR, LLC, • Plaintiff vs. : CIVIL-LAW NORMA CHAPMAN, : DOCKET NO. 13-2538 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: Norma Chapman 411 Ross Avenue New Cumberland, PA 17070 Respectfully submitted, Raymon 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 NORMA CHAPMAN, : DOCKET NO. 13-2538 Defendant NOTICE OF ENTRY OF JUDGMENT ( ) Notice is hereby given that a (n,aIe'1 I in the above-captioned matter has been entered against you in the amount of$7,321.19 on �Uh.E. a 8 , 20 J . ( ) A copy of all documents filed with the Prothon ry in oillpie within $1 t t judgment is/are enclosed. 7 isto ob IM 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: M i NAME: Norma Chapman 411 Ross Avenue New Cumberland, PA 17070 , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY t ''E PfQ # "tiC0 -, COMMONWEALTH OF PENNSYLVANIA 2014 JAPE -6 P i�'' 2: 2.3 REMIT CORPORATION, CUMBERL AND co Assignee of Unifund CCR,LLC • PENNS YtyA NIA T Plaintiff • vs. : CIVIL-LAW NORMA CHAPMAN, : DOCKET NO. 13-2538-CIVIL Defendant vs. •• • FULTON BANK, •• 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 NORMA CHAPMAN,defendant;and (3) Against FULTON BANK,Garnishee; (4) and index this Writ in the judgment index and (a) against NORMA CHAPMAN,defendant(s),and (b) against FULTON 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: $ 7,321.19 Interest from 06/28/2014 $ 226.25 Credits $ 0.00 Costs to be added: Clerks Fee: $ 29.00 Sheriff: $ 150.00 Total: $ 7,726.44 Dated this 3 day ofd^1Jc` ,2014 a� CUt Raymo W. Kessler,P A ID# 309802 • Attorney for Plaintiff • -t 36 West Main Street v J -°1S l� l' Bloomsburg,PA 17815 ✓ ll �� Phone:(570)387-1873 1 cc)� Fax: (570)387-6474 a sa.as'pvte co. \ 11lIR � sotA, -if a 71,7 #_36517/A WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-2538 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 NORMA CHAPMAN,411 ROSS AVENUE,NEW CUMBERLAND,PA 17070 (1) You are directed to levy upon the property of the defendant(s)and to sell (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: FULTON BANK,6520 CARLISLE PIKE,MECHANICSBURG,PA 17050 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; (3) 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$7,321.19 Plaintiff Paid$ Interest FROM 6/28/2014-$226.25 Attorney's Comm. % Law Library$.50 Attorney Paid$186.71 Due Prothonotary$2.25 Other Costs$ Date: 1/6/14 . David D.Buell,Prothonotary 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 R Anderson Sheriff �' i':._i Ci z, } trfa rya Jody S Smith { Chief Deputy e .. �S 114 � fig, Richard W Stewart MuE3�Lr,l'g.+ ,, 3 Solicitor Fs;u, . .w :E- PENNSYLVANIA Remit Corporation Assignee of Unifund CCR LLC Case Number vs. Norma Champman 2013-2538 SHERIFF'S RETURN OF SERVICE 01/10/2014 03:31 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, Fulton Bank, 6520 Carlisle Pike, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County, by handing to Alice Crossland, Customer Service Rep, 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 January 13, 2014 to Norma Chapman at 411 Ross Avenue, New Cumberland, PA 17070. ZAA...x111 DAWN KELL, DEPUTY SO ANSWERS, January 13, 2014 RONNY R ANDERSON, SHERIFF 4 OSC:. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, • Assignee of Unifund CCR,LLC, .• Plaintiff • cv vs. : CIVIL-LAW w NORMA CHAPMAN, : DOCKET NO. 13-2538f"T' N {` } Defendant ;cm `.)"y VS. • z CD • FULTON BANK, —4 Garnishee PRAECIPE TO DISCONTINUE ATTACHMENT To the Prothonotary: Kindly discontinue the Writ of Execution against Fulton Bank. SUBMITTED BY: Raymond W. Kessler, PA ID#309802 Attorney for Plaintiff 36 West Main St. Bloomsburg, PA 17815 Tel. (570)387-1873 Fax 03‘k\-4-70 s6, aHvi CLh CLI1 ao�� r ,-,5 1 Fulton Bank LISTENING IS JUST THE BEGINNING Jon L.Witmer,Retail Compliance Specialist Direct Dial Number:717-327-2607 E-mail:jowitmer @fult.com January 13, 2014 Raymond W. Kessler, Esquire Kessler Mattis, LLP 36 West Main Street Bloomsburg, PA 17815 Re: Remit Corporation Assignee of Unifund CCR, LLC v. Norma Chapman and Fulton Bank, Garnishee Dear Mr. Kessler: Fulton Bank, N.A. has been served a writ of execution and garnishment documents. Fulton has reviewed its records and determined that there is an account but the customer does not have funds sufficient to cover the initial imposition of the Bank's processing fee. Accordingly, we would request that you dissolve the writ and garnishment. Please confirm, if even by phone or e-mail, that you are taking the necessary steps to dissolve the above garnishment. Should you have any questions, please contact me at 717-327-2607. Sincerely, -'� On Behalf of Fulton Bank, N.A. Jon L. Witmer Retail Compliance Specialist Fulton Financial Corporation 1.800.FULTON.4 • fultonbank.com Fulton Bank,N.A.Member FDIC. Member of the Fulton Financial Family. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Qi:.riCE 6RERIPF LED OFF T71.{x: t, } THE. r t' R i 1 1 Iy-O ill O ?Oh AUG 29 P11 2: G3 CUMBERLANDNVCOUNTY Remit Corporation Assignee of Unifund CCR LLC vs. Case Number Norma Champman 2013-2538 SHERIFF'S RETURN OF SERVICE 01/10/2014 03:31 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, Fulton Bank, 6520 Carlisle Pike, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County, by handing to Alice Crossland, Customer Service Rep, 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 January 13, 2014 to Norma Chapman at 411 Ross Avenue, New Cumberland, PA 17070. 08/28/2014 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. SHERIFF COST: $93.87 SO ANSWERS, August 28, 2014 RONR ANDERSON, SHERIFF (c) CountySuito Shoriff, T, oleosort, Inc. 2 -S' pi (e.> sz2