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HomeMy WebLinkAbout13-4009 Supreme C of-Pennsylvania COuPt�fif- CoClltlllol pleas For Prothonotary Use Only: CIV>Il`CoV4Dr Sti�eet �`•tr Docket No: `C County The information collected on this fOrnr is used fi ed solely r court adrrrinivtration purposes. This rant does not suPplernent or replace the filing olsd service of pleadings or other papers as required by law or rules of court. Commencement of Action: S R Complaint 0 Writ of Summons Petition E Transfer from Another Jurisdiction Q Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: T, REMIT CORPORATION, ASSIGNEE OF UNIFUND CCR, LLC DONNAS. LANDIS I Are money damages requested? M Yes Q No Dollar Amount Requested: [Ewithin arbitration limits 0 (check one) outside arbitration limits N Is this a Class Action Suit? Yes dal No Is this an AIDJAppeal? Q Yes 0 No A Name of Plaintiff /Appellant's Attorney: RAYMOND W. KESSLER, ESQUIRE 0 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 clairn, check the one that you consider most important. TORT (do not include Alass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 .Intentional El .Buyer Plaintiff Administrative .Agencies Malicious Prosecution ff Debt Collection: Credit Card M Board of Assessment Q Motor Vehicle Debt Collection: Other Q Board of Elections 0 Nuisance Dept. of Transportation S Premises Liability Statutory Appeal: Other Q Product Liability (does not include E mass tors) n Employment Dispute: Slander/Libel/ Defamation Discrimination C Other: 0 Employment Dispute: Other E] Zoning .Board T E3 Other: I Q Other: O MASS TORT 0 Asbestos N [] Tobacco L] Toxic Tort - DES 0 Toxic Tort - Implant Q Toxic Waste REAL PROPERTY MISCELLANEOUS Other: Q Ejectment El Common Law /Statutory Arbitration B 0 Eminent Domain /Condemnation [] Declaratory Judgment El Ground Rent Q Mandamus Landlord /Tenant Dispute Non - Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY E Mort gage Quo Warranto Mort =a e Foreclosure: Commercial Q Dental Q Partition Replevin Legal Quiet Title Other: 0 Medical Q Other: Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY t COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION,_: Assignee of Unifund CCR, LLC, Plaintiff vs. CIVIL -LAW ° /` _ 400 DONNA S. LANDIS, DOCKET NO. - �dlf c ' 13 Defendant c 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 s a0 s G1�,# /, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, : Plaintiff vs. CIVIL -LAW DONNA S. LANDIS, 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, Donna S. Landis, is an adult individual residing at 3507 Margo Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Defendant obtained a Visa credit card on or about May 1, 2008, from First National Bank of Omaha, (hereinafter "original creditor "), Account number 4418 4092 0793 7252. 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 First National Bank of Omaha. 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 $2,817.30 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 12, 2010. 8. The balance on the charge -off is $2,817.30 and post- charge off interest has accrued in the amount of $362.74 to date for a total remaining balance due of $3,180.04. 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 $3,180.04. 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 $3,180.04. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $3,180.04, 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: Donna S. Landis 4418409207937252 #800034 for the sum of $3,180.04 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 U day of May, 2013. \ . a � '�- Chris Blanton Unifund CCR, LLC E EXW1131T ASSIGNMENT THIS ASSIGNMENT is effective as of January 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 By. Morg J m th Vice P id of e ation UNIFUND CCR, LLC By. A tumn Hopkin Manager of Lega perations EXHIBIT BILL OF SALE FIRST NATIONAL BANK OMAHA, (the "Seller"), has entered into a Purchase and Sale Agreement with Pilot Receivables Management, LLC (the `Buyer") dated July 30, 2012 (the "Purchase and Sale Agreement") for the sale of certain Accounts and related Receivables described in the Purchase and Sale Agreement, upon the terms and conditions set forth in the Purchase and Sale Agreement. NOW, THERBRORE, for good and valuable consideration, subject to the terms of the Agreement, Seller hereby sells, assigns, and transfers to Buyer, its successor and assigns, all of the Seller's right, title and interest in each and every one of the Accounts and related Receivables identified in the Receivables Data File. Buyer and Seller agree that the Purchase Price for such Receivables shall be stated in the Closing Statement attached to the Agreement. In witness thereof, Seller has assigned and delivered this instrument on this 3 0th day of July, 2012. First Na ' nal Bank of Omaha By: y� Title: Vice President, Finance Date: 3u �-- First National Bank of Omaha By: Name: Title: Date: 9 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. Dwayne Heisl r 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 DONNA S. LANDIS, DOCKET NO. Defendant ; AFFIDAVIT OF NON - MILITARY SERVICE The Defendant is not now in the Military Service, as defined in the Soldier's and Sailor's Civil Relief Act of 1940 with amendments, and has not been in such service within thirty days hereof. Dated this day of _J , 2013 RayrnoncTW. Kessler, Esquire Attorney ID 309802 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570 -387 -6474 Department of Defense Manpower Data Center Results as of: Jul-08- 201312:50:26 SCRA 3.0 Status Report f` Fucsu=t to Serviccmembers Civil Relief Act. Last Name: LANDIS First Name: DONNA Middle Name: Active Duty Status As Of: Jul -08 -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 precedind the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Cell -Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component :T_ 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. iA 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: Q3F0PD2A1023680 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, : Assignee of Unifund CCR, LLC, : Plaintiff : VS. CIVIL -LAW DONNA S. LANDIS, 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: Donna S. Landis 3507 Margo Road Camp Hill, PA 17011 Respectfully submitted, Raymon . 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 COUN'T'Y COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, '' Assignee of Unifund CCR, LLC, Plaintiff ; VS. CIVIL -LAW ;, C_ _ DONNA S. LANDIS, � DOCKET NO. - q !!/I ` Defendant ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully Submitted, RAYMOND W. KESSLER, ESQUIRE Attorney ID 309802 36 W Main Street Bloomsburg, PA '17815 Phone: 570 -387 -1873 Fax: 570 -387 -6474 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F IL E 1)-0 F i i Sheriff i, •" PRO'I'HONOTA �' �,Lit�.arara�s�.��ar�� Jody s smith 2613 JUL 18 Am Its: o Chief deputy Richard W Stewart CUMBERLAND COUNTY Solicitor _=3 '_ PENNSYLVANIA Remit Corporation Case Number VS. Donna S. Landis 2013-4009 SHERIFF'S RETURN OF SERVICE 0711512013 04:18 PM-Deputy Jamie DiMartle, 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: Donna S. Landis at 3507 Margo Road, Hampden Township, Camp Hill, PA 17011. jmq�agQ:� J { D1MAR LE EPUTY SHERIFF COST: $44.95 SO ANSWERS, 6 July 16,2013 RONW R ANDERSON, SHERIFF (c)CcuntySuite Sheriff,Teleosoff.Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA "ram , r REMIT CORPORATION, = i r �E::Q G-1 Assignee of Unifund CCR, LLC, cnr- " = c Plaintiff r-� ' a c -g -� VS. CIVIL-LAW vC:� c DONNA S. LANDIS, DOCKET NO. 13-4009-CIVIL -� Defendant PRAECIPE FOR JUDGMENT AND ASSESSMENT OF DAMAGES FAILURE TO FILE ANSWER TO THE PROTHONOTARY: Kindly enter judgment against Defendant in the above captioned matter as follows: Real debt $ 3,180.04 Court Costs $ 148.70 Default Judgment $ 16.50 Interest from July 12, 2013 $ 20.91 Total: $ 3,366.15 Kindly assess damages against Defendant in the sum of$3,366.15 plus continuing interest at the statutory rate of 6%. BY: Raymond W. Kessler, Esquire Wit C ft.Le�Y/eJ. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff VS. CIVIL-LAW DONNA S. LANDIS, DOCKET NO. 13-4009-CIVIL Defendant TO: Donna S. Landis 3507 Margo Road Camp Hill, PA 17011 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. X Judgment by Default Money Judgment Judgment,in Replevin Judgment of Possession Judgment on Award on Arbitration Judgment on Verdict Judgment on Court findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY: RAYMOND W. KESSLER, ESQUIRE AT THIS TELEPHONE NUMBER: 570-387-1873 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff VS. CIVIL-LAW DONNA S. LANDIS, DOCKET NO. 13-4009-CIVIL Defendant CERTIFICATION OF TEN (10) DAY NOTICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: 1, RAYMOND W. KESSLER, ESQUIRE, hereby swear and certify that a copy of the Ten(10) Day Notice was served on Defendant by regular mail on August 8, 2013. BY. RaynWhd 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 DONNA S. LANDIS, DOCKET NO. 13-4009-CIVIL TO: Donna S. Landis DATE OF NOTICE: August 8, 2013 3507 Margo Road Camp Hill, PA 17011 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: _ Donna S. Landis Raymo d W. Kessler, Esquire 3507 Margo Road 570-387-1873 Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. CIVIL-LAW DONNA S. LANDIS, DOCKET NO. 13-4009-CIVIL Defendant AFFIDAVIT OF NON-MILITARY SERVICE The Defendant is not now in the Military Service, as defined in the Soldier's and Sailor's Civil Relief Act of 1940 with amendments, and has not been in such service within thirty days hereof. Dated thisa3 day of AVJusr 12013 Raymo d W. Kessler, Esquire Attorney ID 309802 36 West Main Street Bloomsburg, PA 17815 Telephone: (570) 387-1873 Fax: (570) 387-6474 Department of Defense Manpower Data Center Results as of:Aug-21-201311:19:13 SCRA 3.0 Statms Report Pursuant to Scrvicemcmbers Civil Relief Act Last Name: LANDIS First Name: DONNA Middle Name: S Active Duty Status As Of: Aug-21-2013 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 Noted of a Future Cell-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 hislher unit has received early notcation 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. ow� In" + 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 maybe 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(NOAH 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: P402Q773W0956E0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff Vs. CIVIL-LAW DONNA S. LANDIS, DOCKET NO. 13-4009-CIVIL Defendant CERTIFICATION OF ADDRESSES I certify that the precise address(es) of Plaintiff and Defendant(s) are as follows: Plaintiff. Remit Corporation 36 West Main Street Bloomsburg, PA 17815 Defendant: Donna S. Landis 3507 Margo Road Camp Hill, PA 17011 Respectfully submitted, Ra nd 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 DONNA S. LANDIS, DOCKET NO. 13-4009-CIVIL Defendant NOTICE OF ENTRY OF JUDGMENT ( ) Notice is hereby given that a mew in the above-captioned matter has been entered against you in the amount of$3,366.15 on G, l 36_ . ( ) A copy of all documents filed'with the Prothongttary in support of the within judgment is/are enclosed. Prothonotary Civil Div. By: If you have any questions regarding this Notice, please contact the filing party: NAME: Raymond W. Kessler, Esquire ADDRESS: 36 West Main Street Bloomsburg, PA 17815 TELEPHONE NO: 570-387-1873 (This Notice is given in accordance with Pa.R.C.P. 236.) NOTICE SENT TO: NAME: Donna S. Landis 3507 Margo Road Camp Hill, PA 17011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC Plaintiff vs. : CIVIL -LAW DONNA S. LANDIS, : DOCKET NO. 13 -4009 -CIVIL Defendant vS. PNC 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 DONNA S. LANDIS, defendant; and (3) Against PNC BANK, Garnishee; (4) and index this Writ in the judgment index and (a) against DONNA S. LANDIS, defendant(s), and (b) against PNC 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: Interest from 08/26/2013 Credits Other Costs to be added: Clerks Fee: Sheriff: Total: a.,x)\6 ;c1,°c' (-Rots CK /b;.%<<4 to. 5a It N 93. c9S P a $ 3,366.15 $ 143.87 $ 0.00 $ 0.00 $ 29.00 $ 150.00 $ 3,689.02 Dated this / _l day of l , 2014 Raymon. '' . Kess er, 'AID# 309802 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Phone: (570) 387-1873 41,1Vc�o Fax: (570) 387-6474 S.50 LA, �2f# 3�o/(? EV -r1 )0y -d- TSsted THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net REMIT CORPORATION, assignee of Unifund CCR, LLC Vs. DONNA S. LANDIS WRIT OF EXECUTION (Pa R.C.P. 3252) NO 13-4009 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against DONNA S. LANDIS, 3507 MARGO ROAD, CAMP HILL, PA 17011 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of PNC BANKGARNISHEE(S), as garnishee, l NORTH HANOVER STREET, CARLISLE, PA 17013 (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession 1 of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $3,366.15 Interest FROM 8/26/2013 - $143.87 Attorney's Comm. % Attorney Paid $193.25 Date: 5/21/14 Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs -(24.1e.-eLLI.PLLE.66, 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 MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law 2 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY F;LED—OFFICE r w THE >PROTisONO iAR't: 2111 1AY 29 AN 9:28 CUMBERLAND COUNTY PENNSYLVANIA CIFFICR OF THE 4ERIFF Remit Corporation vs. Donna S. Landis Case Number 2013-4009 SHERIFF'S RETURN OF SERVICE 05/23/2014 11:16 AM - Tim Black, 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, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Natasa Torres, Assistant Manager, 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 May 29, 2014 to Donna S. Landis, 3507 Margo Road, Camp Hill, PA 17011. May 28, 2014 (c) CountySuite Sheriff, Teleosoft, Inc. �� TIM BL CK, DEPUTY SO ANSWERS, RONR ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CC' 0 lb , ./ i i COMMONWEALTH OF PENNSYLVANIA 4.0/4f`��. �4 '' 19 REMIT CORPORATION, COp"'ER4 A f Assignee of Unifund CCCR, LLC Plaintiff 1Y}/s�i�41/4 t�dJ �(�I_r vs. : CIVIL -LAW DONNA S. LANDIS, vs. PNC BANK, To the Prothonotary: : DOCKET NO. 13 -4009 -CIVIL Defendant Garnishee PRAECIPE TO DISCONTINUE ATTACHMENT Kindly discontinue the Writ of Execution against PNC Bank. SUBMITTED BY: Raym'd W. Kessler, PA ID #309802 Attorney for Plaintiff 36 West Main St. Bloomsburg, PA 17815 Tel. (570)387-1873 Fax (570)387-6474 4.q6/36pciaftv )t/L2 PNC June 6, 2014 Raymond Kessler 36 W Main Street Bloomsburg PA 17815 X000 AUP Re: PA Writ of Execution — Remit Corporation, assignee of Unifund CCR,LLC vs Donna S Landis No. 13-4009 Civil Term PNC File No.: 2014-24820 Dear Gentlemen: PNC Bank, NA. has received your Interrogatories to Garnishee in the above- referenced matter. A search of the Bank's records indicates that the Bank has located an account for Defendant, however, no funds will be available after the garnishee's charges have been taken and in light of funds that are identified as exempt under Pa.R.C.P. no. 3111.1. Defendant's account will be in the negative. You may wish, therefore, to avoid the additional docket costs that may be associated with discontinuing an attachment after answers to interrogatories have been filed. Please notify the undersigned in writing by: (a) sending a letter to the Bank which specifically releases PNC Bank, National Association from the effect of the levy under Pa. R.C.P. No. 3111, and then (b) providing a copy of a receipt from the Prothonotary indicating that a praecipe has been filed discontinuing the matter as to Garnishee. Thank you for your time and attention in this matter. If you have any questions, please do not hesitate to call or contact me. Very truly yours, Theresa A Dusch Team Lead - Record Services theresa.dusch@pnc.com 1-800-762-3428 opt 2 Fax: 855-442-8717 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r t{ .i -vi THE P:O oFf cE OF rkZ 5±4F,RIFF 2015 AN 12 PM 3: 1:3 CUMBERLAND COUNT'S PENNSYLVANIA Remit Corporation Case Number vs. Donna S. Landis 2013-4009 SHERIFF'S RETURN OF SERVICE 05/23/2014 11:16 AM - Tim Black, 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, PNC Bank, 105 Noble Blvd, Carlisle Borough, Carlisle, PA 17013, Cumberland County, by handing to Natasa Torres, Assistant Manager, 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 May 29, 2014 to Donna S. Landis, 3507 Margo Road, Camp Hill, PA 17011. 01/08/2015 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: $89.26 SO ANSWERS, January 08, 2015 (c) CounlySuite Sheriff, Toleosoft, Inc. RONZ ANDERSON, SHERIFF � ,ed.( - rLSV 4fril )J 3 /S" j�,�d THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.cepa.net REMIT CORPORATION, assignee of Unifund CCR, LLC Vs. DONNA S. LANDIS WRIT OF EXECUTION (Pa R.C.P. 3252) NO 13-4009 Civil Term CIVIL ACTION — LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs against DONNA S. LANDIS, 3507 MARGO ROAD, CAMP HILL, PA 17011 Defendant (s) (1) you are directed to levy upon the property of the defendant (s) and to sell the defendant (s) interest therein; (2) you are also directed to attach the property of the defendant (s) not levied upon in the possession of PNC BANKGARNISHEE(S), as garnishee, 1 NORTH HANOVER STREET, CARLISLE, PA 17013 (Specifically describe property) and to notify the garnishee that (a) an attachment has been issued; (b) except as provided in paragraph (c), the garnishee 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; (c) the attachment shall not include (i) the first $10,000 of each account of the defendant (s) with a bank or other financial institution containing any funds which are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (ii) each account of the defendant (s) with a bank or other financial institution in which funds on deposit exceed $10,000.00 at any time if all funds are deposited electronically on a recurring basis and are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law. (iii) any funds in an account of the defendant (s) with a bank or other financial institution that total $300 or less. If multiple accounts are attached, a total of $300 in all accounts shall not be subject to levy and attachment as determined by the executing officer. The funds shall be set aside pursuant to the defendant (s) general exemption provided in 42 Pa.C.S. § 8123. (3) if property of the defendant (s) not levied upon and subject to attachment is found in the possession 1 of anyone other than a named garnishee, you are directed to notify such other person that he or she has been added as a garnishee and is enjoined as above stated. Amount Due $3,366.15 Interest FROM 8/26/2013 - $143.87 Attorney's Comm. % Attorney Paid $193.25 Date: 5/21/14 (Seal) 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 Plaintiff Paid Law Library $.50 Due Prothonotary $2.25 Other Costs David D. Buell, Prothonotary MAJOR EXEMPTIONS UNDER PENNSYLVANIA AND FEDERAL LAW 1. $300 statutory exemption 2. Bibles, school books, sewing machines, uniforms and equipment 3. Most wages and unemployment compensation 4. Social Security benefits 5. Certain retirement funds and accounts 6. Certain veteran and armed forces benefits 7. Certain insurance proceeds 8. Such other exemptions as may be provided by law Deputy TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said CouCt at Carlisle, Pa. This r l day of 71'Pik° ,20JJ Prothonotary a ci\ict_ew4 2