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Home My WebLink About07-4232.~ } IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff vs. No: U7'- ~~~ CtU~~~~~~ COMPLAINT IN CIVIL ACTION LILLIAN A NESBIT Defendant FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt,42524 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05739187 C J Pit KXW ~. • IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff vs. Civil Action No LILLIAN A NESBIT Defendant COMPLAINT AND NOTICE TO DEFEND 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 an 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 ._ COMPLAINT 1. Plaintiff is CITIBANK (SOUTH DAKOTA) NA with place of business located at 701 East 50th Street North, Sioux Falls, South Dakota, 57117. 2. Defendant is adult individual(s) residing at the address listed below: LILLIAN A NESBIT 344 S WASHINGTON ST APT MECHANICSBURG, PA 17055 3. Plaintiff is a national banking association, engaged in consumer lending through the issuance of credit cards. 4. Pursuant to Defendant's request, Plaintiff furnished to the Defendant a credit card account (hereinafter account) bearing account number 5424180178898398 5. Plaintiff kept accurate running records of all debits and credits to the Account. 6. Plaintiff mailed to Defendant monthly statements for the account including the billing statement attached hereto as Exhibit A. The monthly statements accurately stated the previous balance, the debits and credits to the account for the prior billing period. ~~ 7. Defendant's actions as set forth above constituted an account stated between parties for the sum of $24541.88 which sum reflects the Exhibit A statement balance less credits, if any, which were applied subsequent to the date of Exhibit A. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant LILLIAN A NESBIT INDIVIDUALLY in the amount of $24541.88 with continuing interest thereon at the rate of 6.000 per annum from date of judgment plus costs. James armbrodt,42524 WELT EINBERG & REIS CO., L.P.A. 436 S ve h Avenue, Suite 2718 Pitt bur h, PA 15219 (41 4 4-7955 FAX. 4 2-338-7130 05 39 87 C J Pit KXW 12/18/06 $24541.88 $24541.88 SITE:KC-CL CITI CARDS LILLIAN A NESBIT PO BOX 183066 ATTNY ACCOUNT-CODE=UCBE COLUMBUS, OH APT C 43218-3066 MECHANICSBURG PA 17055-4143000 Citi~ Platinum Select Card Account Number 5424 1801 7889 8398 Customer Servke• 1-800-950-5114 Total Credit Line Available Credit Line BOX 6500 $21600 $0 SIOUX FALLS, Statement! Amount Over SD Closin Date Credit Line 57117 11/24/2x06 $2941.88 SaN Date Post Data Cash Advance Limit Available Cash Limit $3600 $0 Past Due $5082.53 TM:CO-5000 ACID:R060554 01/03/07 19:45:09: C tl~ New Balance $24541.88 Minimum Amount Due :24541.88 Standard Purch 11/24 PURCHASES*FINANCE CHARGE*PERIODIC RATE 8.43 84 0000 0000000000 Purch/Adv Thru 03/24/2006 11/24 PURCHASES*FINANCE CHARGE*PERIODIC RATE 633.09 84 0000 0000000000 Help is available! Please call the toll-free number shown above to learn about our special payment options. Call Monday - Friday, 7 am to 9 pm, or Saturday, 8 am to 5 pm, Central Time. Please give us the opportunity to assist you. 18R revious {+) ure ases (-) Paymen s (+) FINANCE (_) New Account Summary Balance & Advances & Credits CHARGE Balance PURCHASES $23,900.36 0.00 0.00 $641.52 524,541.88 ADVANCES $0.00 0.00 0.00 $0.00 $0.00 TOTAL $23,900.36 0.00 0.00 $641.52 $24,541.88 Da s This Billln Perlod: 30 Rate Summary Ba ante Su )ec o Perio is Nomina ANNUAL Finance Charge Rate APR PERCENTAGE RATE PURCHASES Standard Purch $318.01 0.08833%(D) 32.240% 32.240% Purch/Adv thru 03/24/2006 $23,891.00 0.08833%(D) 32.240% 32.240% ADVANCES Standard Adv $0.00 0.08833%(D) 32.240% 32.240% `verification I, Shauna Houghton ~ ~~~ ~n e~nolayee cif Citicorp Cr•~di~ Servi~:es, Inc. ~LTS:~) wt~ic;~ cs ~~Y, ,°°~r~<~~:pact'hc s~y-~ricF~ ~~~-ov°cter fear pan`~ift CITI 3~.NK t '~'~lir("I-1 ~.~~ (~ f=; ~°d.r` . retr:r~c~c~ tr> Ie~•fornr se~•vtees ix~ctudir~g buy riot I3~•ii~aar•i~~y ~i~~~ir-, t~ ~:«llc~ct~n~; clelincluent deE~t. I. am authcfrired tc~ rs~ake this verification is attorne~~-in-fact for plaintiff under powers of attorney from plainti,~'to Citicorp Credit Services, Inc., (USA) and to me. The foregoing averments ~~f fact in the within pleading are true and correct to the Nest of my knowledge, information and belief. I understand that the statements ~~rade herean are subject to the penalties of 18 Pa. C.S. Section 4904.. relatin~F to ur,stvc~r: f.~lsifi~~a~ion to t}~e ~~uthar-i~ies. ~n"" .... LILLIAN A NESBLT 5424180178898398 W~VI2#5739187 rtOM$~1pf~ 6RU8t1i~ N ~ ~.°~ V `~~` ~~ C'1 ~. ~ .. ..'`' ra r_~ c'~ 3 ..._,j ~- r-- (~,.~ r'J O !~ 6 --, ~ 4 i .;-7 1~ ~} ±`~ '~ 0 SHERIFF'S RETURN - NOT SERVED CASE NO: 2007-04232 P ' COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIBANK (SOUTH DAKOTA) NA VS NESBIT LILLIAN A R. Thomas Kline Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: NESBIT LILLIAN A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT SERVED as to the within named DEFENDANT NESBIT LILLIAN A 344 S WASHINGTON STREET APT C MECHANICSBURG, PA 17055 PER NEIGHBOR, DEFENDANT WAS HOME DURING SEVERAL ATTEMPTS AND WOULD NOT ANSWER DOOR. Sheriff's Costs: So answers,,,,;..._-~ ~ .~--~~ ,~ _. Docketing 18.0 0 ~„ ----- --~ - ~~~:- ~.~~- ~. _ . Serve ce 4 8 . 0 0 --- ---~"~ Postage .58 R. Thomas ine Surcharge 10.00 Sheriff of Cumberland County .00 $J~~Iu~ ~ 76.58 WELTMAN WEINBERG REIS 08/20/2007 Sworn and Subscribed to before me this day of , A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff vs. LILLIAN A NESBIT Defendant No. 07-4232 CIVIL TERM MOTION FOR ALTERNATE SERVICE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR #5739187 ~ J 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DNISION CITIBANK (SOUTH DAKOTA) NA Plaintiff No. 07-4232 CNIL TERM vs. LILLIAN A NESBIT Defendant PLAINTIFF'S MOTION FOR ALTERNATE SERVICE AND NOW, comes Plaintiff, by counsel, Weltman, Weinberg & Reis Co., L.P.A. and requests this Honorable Court to enter an Order allowing the Plaintiff to make service upon Defendant, LILLIAN A NESBIT, by certified U.S. Mail and Certificate of Mailing, addressed to 344 S Washington St Apt, Mechanicsburg,Pa l 7055, averring in support thereof the following: 1. On or about NLY 18, 2007, Plaintiff filed a Complaint in Civil Action against Defendant to recover the unpaid balance due Plaintiff from Defendant in the amount of $24541.88. 2. When the Sheriff of CUMBERLAND County, Pennsylvania, attempted to make service of Plaintiff s Complaint on Defendant, the Sheriff was unable to do so, as evidenced by the Sheriff s return, a true and correct copy of which is attached hereto, marked Exhibit "1", and made a part hereof. Note that the Sheriff return states that the Defendant was home during several attempts, but would not answer the door to accept service. 3. Upon receipt of the Sheriff's return of no service, Plaintiff conducted an investigation with the United States Postal Service to confirm the physical address of the Defendant. WWR #5739187 4. Pursuant to Plaintiff's request for information, the United States Postal Service confirmed Defendant's physical address of 344 S Washington St Apt, Mechanicsburg,Pa 17055, a true and correct copy of Plaintiff s Postal Request is attached hereto, marked as Exhibit " 2", and made a part hereof. 5. Plaintiff conducted an online white pages search and was unable to confirm a current address for Defendant of 344 S Washington St Apt, Mechanicsburg,Pa 17055. 6. Plaintiff contacted the CUMBERLAND County Tax Assessment office, a representative from which could not confirm the Defendant's current physical address as 344 S Washington St Apt, Mechanicsburg,Pa 17055. 7. Upon receipt of the Sheriff's return of no service, Plaintiff conducted an investigation with the LexisNexis Total Research System to confirm the physical address of the Defendant. 8. Pursuant to Plaintiff's request for information, LexisNexis Total Research System confirmed Defendant's physical address of 344 S WASHINGTON ST APT, MECHANICSBURG,PA 17055, a true and correct copy of the LexisNexis search results is attached hereto, marked as Exhibit " 3", and made a part hereof. 9. No judge has previously ruled upon any other issue in this matter or any other related matter in Cumberland County. 10. Because the Defendant in the above matter is represented pro-se, concurrence cannot be obtained. WWR #5739187 11. Based upon the foregoing, Plaintiff believes and therefore avers that Defendant is attempting to avoid service of process in the above-captioned matter and Plaintiff therefore seeks an Order of Court, pursuant to Pennsylvania Rule of Civil Procedure 430, granting Plaintiff leave to serve its Complaint on Defendant by alternative means. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order pursuant to PA.R.C.P. 430(a), authorizing the Plaintiff to serve Defendant by Certified U.S. Mail and Certificate of Mailing sent to an address (344 S Washington St Apt, Mechanicsburg,Pa 17055) at which Defendant is presently receiving mail according to information obtained from the Post Office, or by allowing service by a competent adult. G~l/i ~ William T. Molczan, F~iire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #5739187 SHERIFF'S RETURN - NOT SERVED CASE N0: 2007-04232 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIBANK (SOUTH DAKOTA) NA EXHIBIT vs NESBIT LILLIAN A R. Thomas Kline Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: NESBIT LILLIAN A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT & NOTICE NOT SERVED as to the within named DEFENDANT 344 S WASHINGTON STREET APT C MECHANICSBURG, PA 17055 NESBIT LILLIAN A PER NEIGHBOR, DEFENDANT WAS HOME DURING SEVERAL ATTEMPTS AND WOULD NOT ANSWER DOOR. Sheriff ' s Costs : So answers • ~ _-~---- _ --_-~_.~--- _. ~,, _ .~ Docketing 18.00 ~_...-- ~ ~~--- ~__ , , Service 48.00 Postage .58 R. Thomas ine Surcharge 10.00 Sheriff of Cumberland County .00 76.58 WELTMAN WEINBERG REIS 08/20/2007 Sworn and Subscribed to before me this day of A.D. W ELTMAN, W EINBERG &REIS C O., L.P.A. ATTORNEXS AT LAW WILLIAM T. MOLCZAN Attorney at Law 412.434.7955 Fax 412.434.7959 wmolczan@weltman.com 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 412.434.7955 www.weltman.com ~a~°~. OF INNOVATION GROYJTM ~ RESULTS BURLINGTON, NJ 609.914.0437 CHICAGO, IL 847.940.9812 CINCINNATI, OH 513.723.2200 CLEVELAND,OH 216.685.1000 COLUMBUS, OH 614.228.7272 DETROIT, MI 248.362.6100 PHILADELPHIA, PA 215.599.1500 EX~'~~I~ October 16, 2007 Postmaster MECHANICSBURG, PA 17055 Request for Chance of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a boxhoider) for the following: Name: LILLIAN A NESBIT Address: 344 S WASHINGTON ST APT MECHANICSBURG, PA 17055 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d.x6)(ii). There is no fee for providing boxhalder information. The fee for providing chaJige of address information is waived in accordance with 39 CFR 265.6(dxl) and (2) and corresponding Administrative Support Manual 352.44a and b. ~ . Capacity of requester: William T. Molezan. Esquire, Attorney for Plaintiff, DISCOVER 2. Statute or regulation that empowers me to serve process : N/A 3. The names of all known parties to the litigation: DISCOVER vs. LILLIAN A NESBIT 4. The Court in which the case has been or will be heard: Court of Common Pleas of CUMBERLAND 5. The docket or other identifying number if one has been issued: 07-5018-CIVIL TERM The capacity in which this individual is to be served: Defendant WARNING THL-' SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION UR BOXNOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS 1N CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF (2) TO AVOID PAYMENT OF THE FEE FOR CIiANGE OF ADDRESS INFORMATION OF NOT MORF. THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in wnnection with actual or prospective litigation. c Chad Carlson WELTMAN, WEINBERG &REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 FOR POST OFFICE USE ONLY BOXHOL.DER'S POSTMARK Not known at address given. Moved, left no forward address. ~No such address. No change of address on the ~, Good as Addressed XXX PLEASE INDICATE PHYSICAL ADDRESS NEW ADDRESS or NAME and STREET ADDRESS tT . ~~ i5,;~~ ~ ~' ~ ~ ~ C ~ ~ I L) ~ ~ /ao SyO~/ W W R#06102836 . L'exisNe'~~s®: SmartLinxTM Person Report Results iwy LexisTM' Search " 'Research Tasks , °Get a Document~Shepard's®Alerts Source: Public Records > SmartLinx(TM) > SmartLinx(TM) -Person Summary Reports ~'~, Terms: ~~ (Edit Search Permissible Uses: DPPA - 1. Litigation GLBA - 2^Leg_al_Comgliance Click to visualize this report Page 1 of 6 Switch Client Preferences ~ Sign Off ! ~ Help History ~~'/ EXHIBIT Subject Summark ~ Others Using SSN ~ Address Summary._,(7_~ ~ Voter Registrations Licenses ~ Personal Property ~ Real Property ~ Bankruptcies ~ Judgments & Liens Relatives (9) ~ Associated Entities ~ Neighbors (6) J Sources (181 FOR INFORMATIONAL PURPOSES ONLY Copyright 2005 LexisNexis, a division of Reed Elsevier Inc. Aii Rights Reserved Full Name Address County 344 S WASHINGTON ST APT C NESBIT, LILLIAN A A MECHANICSBURG, PA 17055-4143 CUMBERLAND COUNTY: CUMBERLAND ADDITIONAL PERSONAL INFORMATION SSN DOB GENDER 04/1958 (PENNSYA~: 1979-1981) {Age: 49) Phone Back To_ Top Subject Summary Namg_Variations_(6) i SSNs Summara%.(1) i DOBs j2) Name Variations View_Nam_.e.Variaton Sources 1: NESBIT, LILLIAN A A 2: MCHUGH, LILLIAN A 3: MCHUGH, LILLIAN 4: NESBIT, LILLIAN A 5: MCHUGH, LILLI A 6: QUINTIN, LILLI A SSNs Summary View S$N_S~~r~es No. SSN State Iss. Date iss. Warnings 1: PENNSYLVANIA 1979-1981 DOBs View DOB Sources _ _ 1: 04/1958 2: 10/1963 ... ___,___:_ ........,,,.onnornt,/rPtriPVA7 m=477e3c3329f374119504cbfad4be9013&_fmtstr=FULL&_sta... 11/9/2007 CERTIFICATE OF SERVICE The undersigned certifies that a true and correct copy of the within Motion for Alternate Service was served on the 1~ day of uoo , 2007, by first class, U.S. Mail, postage-prepaid, addressed as follows: LILLIAN A NESBIT 344 S Washington St Apt Mechanicsburg,Pa 17055 l Attorney for Plaintiff WWR #5739187 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL DMSION CITIBANK (SOUTH DAKOTA) NA NO. 07-4232 CIVIL TERM Plaintiff vs. LILLIAN A NESBIT Defendant AFFIDAVIT PURSUANT TO PA R.C.P. 430 (a) BEFORE ME, a Notary Public, in and for the foregoing County and Commonwealth, personally appeared William T. Molczan, Esquire, of Weltrnan, Weinberg & Reis, Co., L.P.A., attorneys for Plaintiff, and deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of Defendant named in the above-captioned matter. a. Plaintiff requested current address information from the United States Postal Service, which request for information confirmed the current address for Defendant as being 344 S Washington St Apt, Mechanicsburg,Pa 170SS. A true and correct copy of the Postal Service Return is marked Exhibit " 2" attached hereto and made a part hereof. b. Plaintiff requested current address information from the LexisNexis Total Research System, which request for information confirmed the current address for Defendant as being 344 S WASHINGTON ST APT, MECHANICSBURG,PA 17055. A true and correct copy of the LexisNexis search results is marked Exhibit " 3" attached hereto and made a part hereof. WWR #5739187 Finally, Aunt deposes and says that after the foregoing investigation, the exact whereabouts of the Defendant, LILLIAN A NESBIT, is 344 S Washington St Apt, Mechanicsburg,Pa 17055. WELTMAN, WEINBERG & REIS, CO., L.P.A. ~J William T. Molc~i, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 Sworn to and subscribed before me this ~ Z day of Novem er, 07 Notary ~~` ;;.,~~31 WWR #5739187 (7 ~ O C ~ ; "'~ ~ " ° ~ ~ ~ ; -~ " - '""~ ~r _ 4_ .. -xs ~-- (~~. ~ _ i t ~ ~:s ~ ~- ~ """~ t ,, - i •~ ~' .y p+t "~ • ~ .. ~ ~ y NOV 15 2DD7m~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff vs. LILLIAN A NESBIT No. 07-4232 CNIL TERM ORDER OF COURT AND NOW, to-wit, this ,~~h day of N OJ , 2007, upon consideration of the foregoing Motion for Service of the Complaint Pursuant to Special Order of Court and attached supporting affidavit, it is hereby ORDERED, ADJUDGED AND DECREED, that the service of the Complaint in Civil Action may be made on Defendant, LILLIAN A NESBIT, by permitting the Plaintiff to mail a copy of the Complaint to the Defendant the last known address being 344 S Washington St Apt, Mechanicsburg,Pa 17055 by Certified Mail and by Certificate of Mailing Postal Form 3817, postage prepaid. Service to be completed upon mailing. BY THE COURT: '~-. DISTRIBUTION: William T. Molczan, Esquire, 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh PA //-/S-o 7 15219; Lillian A Nesbit, 344 S Washington St, Apt, Mechanicsburg, PA 17055. ,Cs1n.ui in~~ ~' WWR #5739187 ~.i~~~ ~~l~~1i1,+~U~t~ l~ ~~' ~l-~~- 61 ApH100Z ~~.~C}i~~v~~.~~d ~ j0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff vs. LILLIANA NESBIT Defendants No. 07-4232 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan PA I.D. #47437 WELTMAN, WEINBERG & REIS, CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05739187 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff vs. Civil Action No. 07-4232 CIVIL TERM LILLIANA NESBIT Defendants PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. WELTMAN, WEINBERG & REIS CO., L.P.A. By: William T. Molcz PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #05739187 '~ ~ O :~ ~° ~3 c.. .°z ~ Q ~ ~ ~,~ v ~ ~ C ~ , ° W ~ ~~.-.~ n, ~ ~ ~ ~ rv IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff vs. LILLIAN A NESBIT Defendant No. 07-4232-CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I . D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05739187 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CHASE BANK USA, N.A. Plaintiff No. 07-4232-CIVIL TERM vs. LILLIAN A NESBIT Defendant AFF{DAVIT OF SERVICE OF COMPLAINT Before me, the undersigned authority, personally appeared William T Molczan, Esquire, who, being duly sworn according to law, deposes and says that on February 7, 2008, he did cause to be sent to Defendant, LILLIAN A NESBIT, Plaintiff's Complaint by Certificate of Mailing Postal Farm 3817 and on February 7, 2008, he did cause to be sent to Defendant, LILLIAN A NESBIT, Plaintiff's Complaint by Certified Mail, Return Receipt requested, directed to the Defendant at her last known address of 344 S WASHINGTON STREET, APT C, MECHANICSBURG, PA 17055. True and correct copy of Plaintiff's Certificate of Mailing PS Form 3817 is attached hereto, marked as Exhibit "1" and made a part hereof. Furthermore, true and correct copy of Plaintiff's Receipt for Certified Mail is attached hereto, marked as Exhibit "2" and made a part hereof. As the Order of Court states, service is deemed to be perfected as of February 7, 2008, the date of mailing. WELTMAN, WEINBERG &REIS CO., L.P.A. By: William T.-Molcz~n,~squire PA I.D. #47437 // WELTMAN, WEINBERG &REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05739187 Sworn to and subs ri ed before me this // da f , 2008. NOTARY PUBLI CG~iVE~,R^NV4EtiL1'i-i ~;- °, ;,sca.,-~ ~:,~.,ra Nohanal ~ea~., Heidi J. hCeify, lVOf~ty ~i„b~ic City Of Pittsb, ,,gh, Riiegh,~~~~ ~ t;c~trr°+.~ My Commission cx(';; c::s s~a"cn~. , .,~ri~. Member, Peitnsylv~;;r ~~ .. 4 ...... .. .. r u.5. POSTAL SERVICE CERTIFICATE OF MAIUNO MAY SE USED FOR pOMES~ AND MERNATIONAI MAIL DOES NOT P RseafndFmm: Q.P.A. WeBnE~et~g ~ R~ls Ca, attrrlt~R _ ` '~~~ r ,- , , / . ~ ~ ~ ~ ,.: (412) 434-7955 , ' One plea of ordinary me8 erldroaed tor: •., ~ A -<- .. ~~ .- J PS Form 3817, January 2001 u ~-' 1 Postage $ ~ ..~~~ ~C:Y3 ?' . ,,r '' ` ' o ~ ~ `'~.~t ; `l~ ~ cetnnedFee t 4 { / Postr~: 1 ~ p G Retum Receipt.Fee (Endorsemerd Required) , t ( ,`i t~~ } ~ ~ d Restricted Delivery Fee ~ t f r , (Endorsement Required) ~ ~ , ~ ~~~= ~ ~ ~ h r, 4-: - '~ Total Postage & Fees ~ + r-R Sent To o ~ ----------- -----. Street, ApG fVo.; 2 ~j ------------------------ aPOBoxNo.. L.j ~.~1 - 1~~ Clly, State, Z/P+4 n s ~~ s! r `' v... ;_f~ I J ¢ ~ ~ ~,,n., i .. r '~+' { \., P c JJJ`` `' y -7 R i ~ro'~- EXHIBIT ~ .,.. _.. r~''y '~ J I s. y. ,,~ .~.,~~a ggq~qyyy~,,, ! f:, ,~a,,. ~ ~'~~' ~•aV`~c~ ~:=r~jl:~ wren ~~3°~ l8~ r'~ "°' ~-} C~ TO ") ~'T7 1~~~ ~ + IV .~~. ~ ~^ 7.F w ,~ y ~ ~ r.. ~ r~~, ', _ .~ ;,.:: t a3 , -. A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff vs. LILLIAN A NESBIT Defendant No. 07-4232-CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: WILLIAM T. MOLCZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05739I87 Judgment Amount $ 24541.88 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. w IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff vs. Civil Action No. 07-4232-CIVIL TERM LILLIAN A NESBIT Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, LILLIAN A NESBIT above named, in the default of an Answer, in the amount of $24541.88 computed as follows: Amount claimed. in Complaint $24541.88 Interest from date of judgment at the legal interest rate of 6% per annum TOTAL $24541.88 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. WILLIAM T. MO~L/CZAN, ESQUIRE PA I.D.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#05739187 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 344 S WASHINGTON STREET APT C, MECHANICSBURG, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA Plaintiff Case # Q~} - ~3~ ~.~4'fL 1 ~~(y1 LTLLIAN A NESBIT Defendant(s) IMPORTANT NOTICE TO: LILLIAN A NESBIT 344 S WASHINGTON ST AP C' MECHANICSBURG,PA 17055 Date of Notice : ~~~7j ~~~~~~~ WWR#: 05739187 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 XOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE FOLLOWING 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 PATRICK THOMAS WOODMAN PA I.D. #34507 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 fN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION CITIBANK (SOUTH DAKOTA) NA .Plaintiff vs. LILLIAN A NESBIT Defendant Case no: 07-4232-CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, LILLIAN A NESBIT is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, LILLIAN A NESBIT is not in the military service. Further Affiant sayeth naught. ~ ~ -1 AFFIANT SWO`F~~l TO AND SUBSCRIBED in my presence this ~ day of I..J~~ , ~~ COMMONVI-EALT'H O~ P~NN3YLVANIA Notarial Seat O RY PUBL Wayne A. Jones, Notary Public City Of Pittsburgh, Allegheny County My Commiss~n Expires June 29, 2010 Member, Penr~syl~a+iia ~~~.:cia2i•~n of Notaries This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. - Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 MAR-21-2008 12:23 :43 ~ Last Name First/Middle Begin Date Active Duty Status Service/Agency. NESBIT LILLIAN Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. ~. ~y-~- Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense 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 Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly 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 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 is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: htt~?;//www.defenselink.mil/fad/pis/PCOy_SLDR.htrnl WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd..mil/scra/owa/scra.prc_Selec.t 3/21 /2008 Request `or Military Status .~ Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:.XFPCQLEHPX https://www.dmdc.osd.mil/~~cra/owa/scra.prc_Select 3/21 /2008 ' C~) ^; a yy ~ ~Sp~` ~ ~` ~ i ..-a ~ { ~ ~' /, 'T ' - ~~J g " 'J W ~-; , :, 00 p 3 1 ~! rµ o a . , . f r~~,: .:~1 OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DfVISiON ~ITIBANK (SOUTH DAKOTA) NA Plaintiff vs. Civil Action No. 07-4232-CIVIL TERM LILLIAN A NESBIT Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Jud ent was entered. against you on (xx) Assumpsit Judgment in the amount of $24541.88 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PR O EPUTY) LILLIAN A NESBIT 344 S WASHINGTON ST AP C MECHANICSBURG,PA 17055 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`~ Avenue, Pittsburgh, PA 15219 1-888-434-0085