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HomeMy WebLinkAbout14-3844 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Use Only: Civil Cover Sheet Docket No: CUMr`a1 County The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S ®' Complaint ® Writ of Summons ® Petition Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T REMIT CORPORATION,ASSIGNEE OF UNIFUND CCR, LLC NICOLE D. BOOTHE Dollar Amount Requested: within arbitration limits I Are money damages requested? Q Yes No (check one) [3outside arbitration limits O N Is this a Class Action Suit? ®Yes ® No Is this an MDJAppeal? El Yes No I A Name of Plaintiff/Appellant's Attorney: RAYMOND W.KESSLER,ESQUIRE ® Check 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 include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS O Intentional [3Buyer Plaintiff Administrative Agencies ® Malicious Prosecution ® Debt Collection:Credit Card © Board of Assessment ® Motor Vehicle [3Debt Collection:Other ® Board of Elections Nuisance Dept.of Transportation ® Premises Liability Statutory Appeal:Other S ®mProduct Liability(does not include Employment Dispute: ass tort) E Q Slander/Libel/Defamation Discrimination C 0 Other: Employment Dispute:Other ® Zoning Board T ® Other: I [3 Other: O MASS TORT ® Asbestos N © Tobacco ®' Toxic Tort-DES © Toxic Tort-Implant REQ,,PROPERTY MISCELLANEOUS ® Toxic Waste [3 Ejectment ® Common Law/Statutory Arbitration B ® Other: IJ Eminent Domain/Condemnation ® Declaratory Judgment ® Ground Rent Mandamus 13 Landlord/Tenant Dispute B Non-Domestic Relations Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY [3 Mortgage Foreclosure: Commercial ®Quo Warranto ® Dental [3 Partition Replevin © Legal ® Quiet Title Other: © Medical [3 Other: Other Professional: Updated 1/112011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO COMMONWEALTH OF PENNSYLVANIA ppd Ur lr It f'- REMIT CORPORATION, c(/') /Assignee of Unifund CCR, LLC, p�E84 5 Plaintiff � i $ C© vs. CIVIL-LAW • - Nq �U l NICOLE D. BOOTHE, DOCKET NO. "I 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 Southwestern Pennsylvania Legal Aid Society Pennsylvania Bar Association 10 West Cherry Avenue P.O. Box 186 Cumberland, PA 15301, Harrisburg, PA 17108 (724) 225-6170 (717) 238-6807 RAYM ND W. KESSLER, ESQUIRE � �b3 7S J OJ�k_A a i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff VS. CIVIL-LAW NICOLE D. BOOTHE, 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,Nicole D. Boothe, is an adult individual residing at 5 Barry Circle, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Defendant obtained a Citibank Mastercard credit card on or about January 4, 2006, from Citibank(South Dakota)National Association, (hereinafter"original creditor"), Account number 5424 1805 5745 3260. 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 Thunderbolt Holdings Ltd., 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 C. 6. Thunderbolt Holdings Ltd., LLC purchased the account of the Defendant from Citibank(South Dakota)National Assocation. 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 D. 7. Defendant used the extended credit leaving an unpaid balance of$14,197.13 with interest continuing to accrue at 6.00%per annum. 8. Defendant defaulted on the payments due. 9. The last payment was made on this account on or about July 7, 2010. 10. The balance on the charge-off is $14,197.13 and post-charge off interest has accrued in the amount of$2,728.18 to date for a total remaining balance due of$16,925.31. 11. 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. 12. 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. 13. 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. 14. Defendant's failure to pay is a breach of the implied contract between the Defendant and original creditor. 15. 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. 16. 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. 17. The total reasonable value of the Defendant's use of the credit extended by original creditor is $16,925.31. 18. 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. 19. The Defendant has failed and refused to pay the aforementioned sum despite frequent demand to do so. 20. By virtue of Plaintiff s assignment of this account, Defendant is indebted to the Plaintiff in the amount of$16,925.31. WHEREFORE, Plaintiff, Remit Corporation, demands judgment against Defendant in the amount of$16,925.31, together with interest, costs, and such further and additional relief as this Honorable Court deems just and equitable. Respectfully submitted, Raymon . 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: Nicole D. Boothe # 845830 5424180557453260 for the principal sum of$14,197.13 arising from unpaid credit card services with interest accruing at 6.00%per annum for total interest of$2,728.18 as calculated from the charge off date of 02/09/2011. The total balance assigned to assignee is $16,925.31. 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 24 day of April, 2014. Bloom nifund CCR, LLC EXHIBIT ASSIGNMENT THIS ASSIGNMENT is effective as of August 29, 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, collectibility, 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: Morgan J. Smith Vice President of Operations [UNIFUND CCR,LLC] By: Autumn Bloom Manager of Legal Operations EXHIBIT EXHIBIT B BILL OF SALE AND ASSIGNMENT OF ACCOUNTS Thunderbolt Holdings Ltd., LLC, a Limited Liability Company organized under the laws of Delaware with an office at 100 Garden City Plaza,Suite 500B,Garden City,NY 11530("Seller")hereby absolutely sells, transfers, assigns, sets-over and conveys to Pilot Receivables Management,LLC, a limited liability company organized under the laws,of Ohio with an office at.10625 Techwoods Circle, Cincinnati, OH 45242, ("Buyer") without recourse`and without representations or warranties, express or implied, of any type,kind or nature except as set forth in the Agreement(hereinafter defined): (a)`all of'Seller's right,'title arid-f iteiesf ineand to each of the'Accounts identified in the Account schedule,attached hereto as Exhibit A(the'•'Accourits"),-and (b)all principal,interest onother,proceeds of any kind with respect to the Accounts,but excluding any payments or other consideration'received by of on behalf of Seller on or-prior to July 31; 2013,with respect to the Accounts. This Bill:of•Sale•is being executed:and�delivered':pursuanf*to-and°iAlaccordance withahelterms and provisions•of'that'certain`,Purchase and Sale Agreement'made,and.entered;into,rb and between Seller and Buyer;dated!August .29, 2013,_ (the r"Agreement"). The Accounts-,are defined,ands described in the Agreement and are being conveyed hereby subject tolthe teens, conditions;andiprovisions set forth,in the Agreement. j This'B 11:of Sale'shall--be governed by the laws of the'State of New York without regard to the conflicts- 1 of-9aws iules thereof. - • ` �' � 1 '•. L•- DATED-. 3� ZM3 SELLER:;Th(uunderbolt ' ldings Ltd.,.LLC IL By: . Name: Title: d CJ t STATE OF. ,1 Or�� ss. n COUNTY OF 1�c�sc_&j ) On th's theU day ofd 2013, before me the undersigned officer, personally appeared o1L+wav� who acknowledged him/herself to be the (es;Jevt'f•' of "Se)le%r " a corporation,signer and sealer of the foregoing instrument, and that he/she as such officer,:being authorized so to do,acknowledged the execution of the same to be his/her free act and deed as such officer and the free act and deed of said corporation. i IN WITNES WHEREOF,I hereunto`set my hand. t . , . • • Albert Kolatnikov- CornrqKssidner of the Superior Court' state of N6*..0!V. ' o Public -No.01K06255811 ' ,dualifled in Nassau County.. Coninvissioe Expires February 1.3;2619• i Page 22 of 33 EXHIBIT Contract ID:ZTJIMUMAB032513 Document ID:032013ZU I M lJ I TBB I Document ID:032013ZUIMU3XBBI BILL OF SALE AND ASSIGNMENT THIS BILL OF SALE AND ASSIGNMENT, dated March 29, 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 Thunderbolt Holdings Ltd, LLC, organized under the laws of the New York, with its headquarters/principal place of business at 100 Garden City Plaza, Suite 500, Garden City, NY 11530 ("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. With respect to information for the Accounts listed in Asset Schedule, to the best of the Bank's knowledge, the Bank represents and warrants to Buyer that (i) the Account information constitutes the Bank's own business records and accurately reflects in all material respects the information in the Bank's database; (ii) the Account information was kept in the regular course of business; (iii) the Account information was made at or near the time by, or from information transmitted by, a person with knowledge of the data entered into and maintained in the Account's database; and (iv) it is the regular practice of the Bank's business to maintain and compile such data. Citibank, N.A. (Signature) Name: Patricia Hall Title: Financial Account Manager EXHIBIT Thunderbolt 032513 ■ a ■ a ■ VERIFICATION The undersigned verifies that the statements made in the foregoing Complaint are true and correct based to the best of his/her knowledge, information and belief and understands the statements therein made are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. Harry A. S usser, III 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 NICOLE D. BOOTHE, 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'M day of 3vn4, , 2014 Raymond W. Kessler, Esquire Attorney ID 309802 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 Department of Defense Manpower Data Center Results as of:May-16-2014 07:40:04 AM SCRA 3.0 Statlig Report tl Pursuant to Service -in, bets. Wil.Relief.ct Last Name: BOOTHE First Name: NICOLE Middle Name: D Active Duty Status As Of: May-16-2014 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 hisfner 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,NOAH,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. • Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 at 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: U9HEL26COOA6W40 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff Vs. CIVIL-LAW NICOLE D. BOOTHE, 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: Nicole D. Boothe 5 Barry Circle Shippensburg, PA 17257 Respectfully submitted, Raymonc`CW. 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 Unif ind CCR, LLC, Plaintiff VS. CIVIL-LAW `G s NICOLE D. BOOTHE, DOCKET NO. 39tlq Defendant �r_cp ENTRY OF APPEARANCE Kindly enter my appearance on behalf of Remit Corporation, Plaintiff, in the above captioned matter. Respectfully Submitted, RAY ND W. KESSLER, ESQUIRE Attorney ID 309802 36 W Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY OFFICE OF 'a'r":M: <f":;F,€t=r= r1 F t JUL ,iJKBERL/d":1J PE .'NSYLVANIA Remit Corporation Assignee of Unifund CCR LLC vs. Nicole D Boothe Case Number 2014-3844 SHERIFF'S RETURN OF SERVICE 07/08/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Nicole D Boothe, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 5 Barry Circle, Southampton Township, Shippensburg, PA 17257. Deputies were advised by the defendant's ex-husband that the defendant moved out in 2009 and is believed to be residing in York. SHERIFF COST: $55.60 SO ANSWERS, July 09, 2014 (c) C,oun.tySui€e Sheriff, Teleoseft, Inc. RONZ ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. G s �` N ©G : CIVIL -LAW 120 - fi c) d r -57 r Defendant NICOLE D. BOOTHE, : DOCKET NO. 14 -3844 -CIVIL PETITION TO TRANSFER ACTION TO YORK COUNTY COMES NOW, Remit Corporation, by and through Raymond W. Kessler and avers the following: 1. On or about July 1, 2014, Plaintiff filed a Complaint against the Defendant in this court stating that Defendant's address of 5 Barry Circle, Shippensburg, PA 17257 was located in Cumberland County. 2. Plaintiff filed this action with good faith belief that Defendant resided in Cumberland County. 3. On or about July 14, 2014 the Plaintiff received the Return of Service form from the Cumberland County Sheriffs Office indicating that the Defendant was not served; deputies were advised by the defendant's ex-husband that she moved out in 2009 and is believed to be residing in York. A copy of the Sheriff's form is attached. 4. Plaintiff has since confirmed that Defendant's address is 1049 E. Mason Avenue, York, PA 17403 which is located in York County. 5. The venue of York County will be a more convenient venue for all parties and witnesses. 6. As Defendant is located in York County, this action could have originally been brought in York County. 7. Pursuant to Pa.R.C.P. 1006(d)(1) Plaintiff requests this action be transferred to York County. 8. Plaintiff will bear any costs associated with the transfer pursuant to Pa.R.C.P. 1006 (d)(3). WHEREFORE, Plaintiff respectfully requests this Honorable Court transfer this action to the venue of the Court of Common Pleas of York County. Respectfully submitted, Raymo W. Kessler, Esquire PA ID #309802 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. : CIVIL -LAW NICOLE D. BOOTHE, : DOCKET NO. 14 -3844 -CIVIL Defendant CERTIFICATE OF SERVICE I, Raymond W. Kessler, Esquire, do hereby certify that on J -'01? (9-3) 711 I served a true and correct copy of the Petition to Transfer Action to York County upon the Defendant by U.S. mail, first class, post pre -paid, to: Nicole D. Boothe 1049 E. Mason Avenue York, PA 17403 Respectfully submitted, Raymond W. Kessler, Esquire PA ID #309802 36 West Main Street Bloomsburg, PA 17815 Phone: 570-387-1873 Fax: 570-387-6474 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY op at umber, oFF oF TkE $} ER)FF Remit Corporation Assignee of Unifund CCR LLC Case Number vs. 2014-3844 Nicole D Boothe SHERIFF'S RETURN OF SERVICE 07/08/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Nicole D Boothe, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint & Notice as "Not Found" at 5 Barry Circle, Southampton Township, Shippensburg, PA 17257. Deputies were advised by the defendant's ex-husband that the defendant moved out in 2009 and is believed to be residing in York. SHERIFF COST: $55.60 July 09, 2014 ft..) CountySuite Shenfl, ieleosoff Inc. SO ANSWERS, 4R- RON R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA REMIT CORPORATION, Assignee of Unifund CCR, LLC, Plaintiff vs. : CIVIL -LAW NICOLE D. BOOTHE, : DOCKET NO. 14 -3844 -CIVIL Defendant ORDER AND NOW this 3o' day of 4 2014 upon consideration of Plaintiff's Petition to transfer venue, it is hereby ORDERED that this action shall be transferred to the Court of Common Pleas of York County. Plaintiff shall bear the costs of such transfer. co irLat.LL R / dE,L i‘ce)Lc_Ix5-11.1_, 7/309 4