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HomeMy WebLinkAbout13-5479 � moo, Supreme Couft6fTennsylvania COUrA For Prothonotary Use Only: >< il', Cover,She A Docket No: 7 `! COUllt3' � � •', The inlcrr rnatiort col lected on this f rrnt is used solely for court udininistrution purposes. T his does not supplement or replace the filhkq and ser•tdee of pleadings or other papers as required Gig law or r•trles of court. Commencement of Action: S n Complaint 0 Writ of Summons Petition Transfer from Another Jurisdiction 0 Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: T , REMIT CORPORATION, ASSIGNEE OF UNIFUND CCR, LLC JOSHUA D. HUSLER Dollar Amount Requested: RE within arbitration limits T Are money damages requested? Eil Yes El No (check one) []outside arbitration limits 0 N Is this a Class Action Suit? M Yes Ciii No Is this an MDJAppeal? 0 Yes 0 No A Name of Plaintiff /Appellant's Attorney: RAYMOND W. KESSLER, ESQU 0 Chech here if you have no attorney (are a Self- Represented [Pro Se) 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 inchide ,Hass Tort) CONTRAC (do not include Judgments) CIVIL APPEALS 0 .Intentional Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution ® Debt Collection: Credit Card El Board of Assessment [3 Motor Vehicle rl Debt Collection: Other E] Board of Elections , Nuisance 0 Dept. of Transportation S 0 Premises Liability Statutory Appeal: Other ML Product Liability (cloes not include E mass tort) � Employment Dispute: Discrimination M Slander /Libel/ Defamation Q Employment Dispute: Other Zonin T Board C 0 Other: � Other: I 0 Other: O MASS TORT _ Q Asbestos N 0 Tobacco Tonic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Ejectment 0 Common Law /Statutory Arbitration B Q Other: 0 Eminent Domain /Condernnation Q Declaratory Judgment 0 Ground Rent E] Mandamus IO Landlord/Tenant Dispute F-1 Non - Domestic Relations El Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial Quo Warranto 0 Dental 0 Partition 0 Replevin 0 Legal 0 Quiet Title 0 Other: E] Medical E] Other: 0 Other Professional: Updated 1/1/2011 IN THE COURT OF COMMON PLEAS OF CUMBERLA � TA jt F 1 NO COMMONWEALTH OF PENNSYLVANIA 013 S'EP 1 8 A II: 08 REMIT CORPORATION, Assignee of Unifund CCR LLC, : C �; P 3 E f l-1A COUNTY Plaintiff ; P VS. CIVIL -LAW JOSHUA D. HUSLER, DOCKET NO. ,3— s v/V c,; 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 RAYMCKD W. KESSLER, ESQUIRE � a- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff VS. CIVIL -LAW JOSHUA D. HUSLER, 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, Joshua D. Husler, is an adult individual residing at 872 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant obtained a Citibank MasterCard credit card on or about September 15, 2007, from Citibank (South Dakota) National Association, (hereinafter "original creditor "), Account number 5424 1806 4586 7745. 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 Assocation. Pursuant to Pa.R.C.P. No. 1419(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 $7,440.86 with interest continuing to accrue at 6.00% per annum. 7. Defendant defaulted on the payments due. 8. The last payment was made on this account on or about December 4, 2009. 9. The balance on the charge -off is $7,440.86 and post- charge off interest has accrued in the amount of $ 1,398.06 to date for a total remaining balance due of $8,838.92. 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 his/her 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. It is averred that an implied contract exists based upon Defendant's use of the credit card and his/her payments made on the account to the original creditor. 13. Defendant's failure to pay is a breach of the implied contract between the Defendant and 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 $8,838.92. 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 $8,838.92. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of $8,838.92, 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: Joshua D. Husler #823427 5424180645867745 for the sum of $8,838.92 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 2013. Chris Blanton Unifund CCR, LLC EXHIBIT ASSIGNMENT THIS ASSIGNMENT is effective as of July 1, 2013 between PILOT RECEIVABLES MANAGEMENT, LLC an Ohio limited liability company ( "Assignor ") and UNIFUN.D 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: Lf),16ya&�Kd- q Morga n ith Vice P de of p anon UNIFUND CCR, LLC By- Ai tumn Hopkins Manager of Legal Operations EXHIBIT �S • Contract ID: UNIMUMXBO32513 Document ID: 032013UN1MU1XBB1 Document ID: 032013UN1MUMB1 Document ID: 032013UN1MU4XBB1 BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT, dated March 25, 2013, is by Citibank, N.A., a national banking association organized under the laws of the United States, located at 701 East 60th Street North, Sioux Falls, SD 57117 (the "Bank ") to Pilot Receivables Management, LLC, organized under the laws of the Ohio, with its headquarters /principal 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 March 25, 2013, 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 described in Exhibit 1 and the final electronic file. Citibank, N.A. By: (Signature) Name: Patricia Hall Title: Financial Account Manager Pilot 032513 EXHIBIT C- 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. 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 JOSHUA D. HUSLER, 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 Sefl6knkx , 2013 Raym d W. Kessler, Esquire Attorney ID 309802 36 West Main Street Bloomsburg, PA 17815 Phone: 570 -387 -1873 Fax: 570 -387 -6474 Department of Defense Manpower Data Center Results as of: Sep13- 201309:373 SCRA 3.0 .. Status Report Pursuant to Sorviccmembm Civil. Relief Act Last Name: HUSLER First Name: JOSHUA Middle Name: D Active Duty Status As Of: Sep -13 -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. Ah � F ,.ter 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.htmi. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA 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 (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: Z420XDB8X019A90 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff VS. CIVIL -LAW JOSHUA D. HUSLER, 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: Joshua D. Husler 872 Harrisburg Pike Carlisle, PA 17013 Respectfully submitted, Raymond W. Kessler, Esquire Attorney ID 309802 36 West Main Street Bloomsburg, PA 17815 Phone: 570 -387 -1873 Fax: 570 -387 -6474 i . D - C- t _N OF 'THE PROTHO OTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND,Q i ti i ; COMMONWEALTH OF PENNSYLVANIA .I �" CUMBERLAND COUNTY REMIT CORPORATION, PE NNS Y LVA NIA Assignee of Unifund CCR, LLC, Plaintiff VS. CIVIL -LAW JOSHUA D. HUSLER, DOCKET NO. Defendant ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully Submitted, RAYM 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 R Anderson Sheriff Jody S Smith '+ Chief Deputy 'El I 3'E.P 27 NM 1O Richard W Stewart �. ` ; � La NO Solicitor P# 3 P� SY�.�irl� Remit Corporation vs. Case Number Joshua D Husler 2013-5479 SHERIFF'S RETURN OF SERVICE 09/20/2013 01:43 PM -Chief Deputy Jody Smith served the requested Complaint&Notice by"personally" handing a true copy to a person representing themselves to be the Defendant,to wit: Joshua D Husler at the Cumberland County Sheriffs Office, One Courthouse Square, Carlisle, PA 17013. n k0 • JODY S. ITH, DEPUTY SHERIFF COST: $28.00 SO ANSWERS, N.44:: -- September 23, 2013 RONW R ANDERSON, SHERIFF U i,Stf::CThor 1.;-eosct. ;r U. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, < Plaintiff CI , rn� C-) VS. CIVIL-LAW . JOSHUA D. HUSLER, DOCKET NO. 13-5479-CIVIL Defendant -- (5n _ 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 $ 8,838.92 Court Costs $ 131.75 Default Judgment $ 16.50 Interest from Sept. 18, 2013 $ 58.12 Total: $ 9,045.29 Kindly assess damages against Defendant in the sum of$9,045.29 plus continuing interest at the statutory rate of 6%. BY: RayrrjVnd W. Kessler, Esquire I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. CIVIL-LAW JOSHUA D. HUSLER, DOCKET NO. 13-5479-CIVIL Defendant TO: Joshua D. Husler 872 Harrisburg Pike Carlisle, PA 17013 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 JOSHUA D. HUSLER, DOCKET NO. 13-5479-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 October 17, 2013. BY: Rayrn 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 JOSHUA D. HUSLER, DOCKET NO. 13-5479-CIVIL Defendant TO: Joshua D. Husler DATE OF NOTICE: October 17, 2013 872 Harrisburg Pike Carlisle, PA 17013 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 f Mailed to: Joshua D. Husler Raym d W. Kessler, Esquire 872 Harrisburg Pike 570-387-1873 Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. CIVIL-LAW JOSHUA D. HUSLER, : DOCKET NO. 13-5479-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 t is3d day of � � , 2013 RaymontfW. Kessler, Esquire Attorney ID 309802 36 West Main Street Bloomsburg, PA 17815 Telephone: (570) 387-1873 Fax: (570) 387-6474 Results as of:Oct-28-2013 10:35:36 Department of Defense Manpower Data Center SCRA 3.0 Status deport Pursuant to Servicememben Civil Relief Act Last Name: HUSLER First Name: JOSHUA Middle Name: D Active Duty Status As Of: Oct-28-2013 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.y6y P1' �fthi_ 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: 65FAOFD40054C20 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff VS. CIVIL-LAW JOSHUA D. HUSLER, DOCKET NO. 13-5479-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: Joshua D. Husler 872 Harrisburg Pike Carlisle, PA 17013 Respectfully submitted, Raym d W. Kessler, Esquire PA ID #309802 36 West Main Street Bloomsburg, PA 17815 Telephone: (570) 387-1873 Fax: (570) 387-6474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. CIVIL-LAW JOSHUA D. HUSLER, DOCKET NO. 13-5479-CIVIL Defendant NOTICE OF ENTRY OF JUDGMENT { } Notice is hereby given that a in the above-captioned matter has been entered against you in the amount of$9,045.29 on co , 91 , 20�. ( } A copy of all documents filed with the Prothonotary in support of the within ff �n judgment is/are enclosed. e Prothonotary ivil 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 r (This Notice is given in accordance with Pa.R.C.P. 236.) r +f NOTICE SENT TO: NAME: Joshua D. Husler 872 Harrisburg Pike Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA • REMIT CORPORATION, • Assignee of Unifund CCR,LLC Plaintiff vs. Ftbg Pike 70 13 . CIVIL-LAW JOSHUA D. HUSLER, I►5le : DOCKET NO. 13-5479-CIVIL Defendant • vs. PNC BANK, • • Hanover St Garnishee rn C Aisle PI�Di3 7 `-' PRAECIPE FOR WRIT OF EXECUTION .r) CD (MONEY JUDGMENT) F" - To the Prothonotary: >c-) Issue a Writ of Execution in the above matter, (1) directed to the Sheriff of Cumberland County,Pennsylvania (2) against JOSHUA D. HUSLER,defendant; and (3) Against PNC BANK, Garnishee; (4) and index this Writ in the judgment index and (a) against JOSHUA D.HUSLER, 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: $ 9,045.29 Interest from 10/31/2013 $ 32.71 Credits $ 0.00 Costs to be added: 50'Clerks Fee: $ �r Sheriff: $ _ r Total: $ 9,0113.0o 0 3$ oo Po An'/ Dated this a.(i day of e`, , 2013 a8•oo cSF / 103. 1 5 =, •�� _ L 1(0. 50 '■ Raymon•' . Kessler,PA ID#309802 $ 177•as PD A`rr`i Attorney for Plaintiff 36 West Main Street Bloomsburg,PA 17815 Phone: (570) 387-1873 Fax: (570) 387-6474 a.as Ova o •5o LL i1,04a 2"ag8888 w�,�cPEsC rl� oc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, REMIT - MIT of Unifund CCR,LLC . • Plaintiff . vs. : CIVIL-LAW JOSHUA D. HUSLER, : DOCKET NO. 13-5479-CIVIL Defendant . • vs. . • PNC BANK, c o Garnishee rn ccnn c, `°C f-� CD 3} C5 a r AFFIDAVIT OF NON-MILITARY SERVICE -' .L._ 5 ...� x- -' -C 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, nor has been in such service within thirty days hereof. Dated thisa6 day of MIA , 2013 41e1" r Raymond W. Kessler, PA ID# 309802 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Phone: (570) 387-1873 Fax: (570) 387-6474 C.*• .J Results as of:Nov-25-2013 06:33:04 Department of Defense Manpower Data Center SCRA 3.0 Status Report Pursuant to Servicemembers Civil Relief Act Last Name: HUSLER First Name: JOSHUA Middle Name: D Active Duty Status As Of: Nov-25-2013 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 - 7 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 Data 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 catty 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. - yhtut, . t �' / , J 1 Eloyo,_ 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: R54DQ70DQ046LBO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, • Assignee of Unifund CCR,LLC • Plaintiff • vs. : CIVIL-LAW JOSHUA D.HUSLER, : DOCKET NO. 13-5479-CIVIL Defendant vs. • • PNC BANK, Garnishee CERTIFICATION OF ADDRESSES I certify that the precise address(es) of Plaintiff and Defendant(s) are as follows: Plaintiff: Remit Corporation, Assignee of Unifund CCR, LLC 36 West Main Street Bloomsburg, PA 17815 e ' Defendant: JOSHUA D. HUSLER '' 872 Harrisburg Pike FE'-• mac' Carlisle, PA 17013 -,<.° a o z•— Garnishee PNC BANK ° c °m 1 North Hanover Street 'a . - Carlisle, PA 17013 –< - -< Respectfully Submitted, Raymond . Kessler, PA ID #309802 Attorney for Plaintiff 36 West Main Street Bloomsburg, PA 17815 Phone: (570) 387-1873 Fax (570)387-6474 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 13-5479 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due REMIT CORPORATION, Plaintiff(s) From JOSHUA D.HUSLER,872 Harrisburg Pike,Carlisle,PA 17013 (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: PNC BANK, 1 North Hanover Street,Carlisle,PA 17013 and to notify the garnishee(s)that: (a) an attachment has been issued; (b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s) and from delivering any property of the defendant(s)or otherwise disposing thereof; (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$9,045.29 Plaintiff Paid$ Interest from 10/31/13 -- $32.71 Attorney's Comm. % Law Library$.50 Attorney Paid$177.25 Due Prothonotary$2.25 Other Costs$ Date: i 2/3/13 David D.Buell,Prothonotary /`. ' r#0 Deputy REQUESTI'NG PARTY: Name: RAYMOND W. KESSLER,ESQUIRE Address: THE REMIT CORPORATION 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 u ; Jody S Smith j ° 3r1 v L== Chief Deputy '0 3 DEC 1 Q Ali 9T 33 Richard W Stewart Solicitor OFF C op ms sKERIF= ENS � � • Remit Corporation vs. Case Number Joshua D Husler 2013-5479 SHERIFF'S RETURN OF SERVICE 12/06/2013 10:26 AM-William Cline, 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 Susan Casale, Sales Consultant, 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 December 9, 2013 to oshua Husler at 872 Harrisburg Pike, Carlisle, PA 17013. CLINE, DEPUTY SO ANSWERS, December 09, 2013 RONR ANDERSON, SHERIFF (c)CcuntySuite Sheriff,Te,eosoft,:cc. . - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, w' Assignee of Unifund CCR,LLC, c N ° ,...4 Plaintiff m rn Z vs. : CIVIL-LAW Nr + ,' JOSHUA D.HUSLER, : DOCKET NO. 1 b 5L-vn -0.-W1‘ ¶� s"- 1 Defendant p ' „` — --'ter*: vs. s" - • n) PNC BANK, Garnishee . PRAECIPE TO DISCONTINUE ATTACHMENT To the Prothonotary: Kindly discontinue the Writ of Execution against PNC Bank. SUBMITTED BY: f RaymonP' . Kessler, PA ID#309802 Attorney for Plaintiff 36 West Main St. Bloomsburg, PA 17815 Tel. (570)387-1873 Fax(570)387-6474 • aoi a 0 IL4 )9(.49 -p43coD1,1 ( PNC December 19, 2013 Raymond Kessler 36 W Main Street Bloomsburg PA 17815 Re: PA Writ of Execution—Remit Corporation vs Joshua D Husler No. 13-5479 PNC File No.: 2013-53912 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 ours, T eresa 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 .CE QF THE r;wSRIF= THE THONOL: RJUL -3 AM 10: 3 I CUMBERLAND COUNTY PENNSYLVANIA Remit Corporation vs. Joshua D Husler Case Number 2013-5479 SHERIFF'S RETURN OF SERVICE 12/06/2013 10:26 AM - William Cline, 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 Susan Casale, Sales Consultant, 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 December 9, 2013 to Joshua Husler at 872 Harrisburg Pike, Carlisle, PA 17013. 07/02/2014 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: $89.26 SO ANSWERS, July 02, 2014 (c) CountySuite Sheriff, Teleosoft, Inc. RONIVR ANDERSON, SHERIFF 3 's'OIoot tC. Geif 7651 Ar3Dy6d%