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HomeMy WebLinkAbout10-5471Blatt, Hasenmiller, Leibsker & Moore, LLC Daniel Santucci Attorney I.D. 492800 Gregory R. Dye Attorney LD 4205316 5 Great Valley Parkway, Suite 100 Malvern, PA 19355 800.830-1079 ext. 4151 Attorney for Plaintiff, LIVINGSTON FINANCIAL LLC f 1 *10 A064o Att?% Z.4 LIVINGSTON FINANCIAL LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 5 Great Valley Parkway, Suite 100 Malvern, PA 19355 Plaintiff, vs. LONNIE KREISER 655 GUTSHALL RD BOILING SPRGS PA 17007-9526 Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION 0'aa No. lO - 5g71 Terr) 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 attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are wamed 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. LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 S fQa. 00 P A AM &349(o l 0 J1714, 2411503 PPTCPADI "ISO Le han demandado a usted en la corte. Si usted quiere defen derse de estas demandas expuestas en las paginas siguientes, usted tiene veinte dias de plazo al partir de la fecha de la demanda y la notificacion. Hase falta ascentar una comparencia escrita o en persona o con un aboga do y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas err contra de su persona. Sea avisa do que si usted no se de fiende la corte tomara medidas y puede continuar la demanda en contra suva sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propieda des u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 267-2032 Blatt, Hasenmlller, Leibsker & Moore, LLC Daniel Santucci Attorney I.D. #92800 Gregory R. Dye Attorney I.D. #205316 5 Great Valley Parkway, Suite 100 Malvern, PA 19355 800-850-1079 LIVINGSTON FINANCIAL LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC Plaintiff, VS. LONNIE KREISER 655 GUTSHALL RD BOILING SPRGS PA 17007-9526 Defendant(s). Attorney for Plaintiff, N THE COURT OF COMMON PLEAS BERLAND COUNTY, PA L ACTION COMPLAINT Plaintiff LIVINGSTON FINANCIAL LLC, claims as follows: 1. The Defendant(s), LONNIE KREISER, is a resident of Cumberland County, Pennsylvania. 2. The Defendant(s) obtained extensions of credit with US BANK, (Original Credit Grantor) agreeing to make monthly payments as required by the terms of the account, for purchases charged to the account. 3. The Defendant(s) did make purchases and charged same to the account but failed to make the monthly payments called for on the account. There is a balance due and owing of $1619.03. 4. Plaintiff is the successor in interest of said account having purchased the account in the regular course of business in good faith and value. 5. Plaintiff declared Defendant(s) to be in default and demands payment of the balance. 2411503 PPTCDBCI WHEREFORE, the Plaintiff, LIVINGSTON FINANCIAL LLC, prays for judgment in its favor and against Defendant(s), LONNIE KREISER in the amount of $1619.03, plus costs. Respectfully LIVINGSTON One oflf Attomeysd Daniel Santucci, Att N 8?0 Gregory R. Dye Attorney No. #205316 Blatt, Hasenmiller, Leibsker & Moore, LLC 5 Great Valley Parkway, Suite 100 Malvern, PA 19355 (800) 850-1079 Dated: May 7, 2010 Blatt, Hasenmiller, Lelbsker & Moore, LLC Daniel Santucci, Attorney I.D. #92800 Gregory R. Dye, Attorney I.D. #205316 5 Great Valley Parkway, Suite 100 Malvern, PA 19355 800-850-1079 Attorney for Plaintiff, LIVINGSTON FINANCIAL LLC LIVINGSTON FINANCIAL LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 5 Great Valley Parkway, Suite 100 Malvern, PA 19355 Plaintiff, VS. LONNIE KREISER 655 GUTSHALL RD BOILING SPRGS PA 17007-9526 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: County of Chester: I, Daniel Santucci/Gregory R. Dye, being duly sworn according to law, depose and say I am the attorney for Plaintiff and I am authorzied to make this affidavit on Plaintiff's behalf. I hereby certify that the Defendant is at least 18 years of age and not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Servicemembers' Civil Relief Act of 2004 and any amendments thereto. I also herby certify that the statements made in the foregoing Affidavit of Non-Military Service are true and correct to the best of my information, knowledge, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unswom falsification to authorities. BLATT, HA & MOORE, Dated: May 7, 2010 By: Gregory R. Dye 2411503 PPTJCAMI IIIIII VERIFICATION the undersigned attorney for the Plaintiff, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief, based upon information provided by the Plaintiff, that the Plaintiff is presently located outside of this jurisdiction, and that in order to file the within document in an expedient and timely manner I am authorized to sign this verification on behalf of the Plaintiff. I understand that false statements herein are made subject to the Section 4904 relating to unsworn falsifications to authorities. PPTXVERI Exhibit "A" PPTXEXAI VERIFICATION The undersigned hereby verifies that: 1. 1 am employed by Plaintiff and am authorized to make this Verification on behalf of Plaintiff LIVINGSTON FINANCIAL LLC. 2. 1 reviewed the following [check all that are applicable]: [ ] (a) computerized documents; [ ] (b) hard copy of documents; and [X] (c) other (specify) computerized account data relating to Account No. 4190030342584447. The foregoing Account was opened on July 1, 1998 in the name(s) of Defendant(s) LONNIE KREISER. 3. Based on my review of the foregoing documents, there is due and payable the principal sum of $1641.19 which is calculated as the original creditor's chargeoff balance less any payments received. The information that I reviewed were provided by the original creditor and or its assignees. 4. Based on my review of the foregoing documents, there are no payments that have not been credited to Defendant(s). 5. The facts set forth in this Verification are true and correct to the best of my knowledge, information and belief. This Verification is made subject to the penalties for making an unworn falsification to authorites in violation of 18 Pa.C.S. Section 4904. Signatu W A JO HENRY Print Signature Date: 3)?;5& ` PPTXNIVI 2411503 I Blatt, Hasenmiller, Leibsker & Moore, LLC Daniel Santucci Attorney I.D. # 92800 Gregory R. Dye Attorney LD #205316 5 Great Valley Parkway, Suite 100 Malvern, PA 19355 610-902-0644 Attorney for Plaintiff, LIVINGSTON FINANCIAL LLC 00jo AUG 0 AM o1=a.2 LIVINGSTON FINANCIAL LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 5 Great Valley Parkway, Suite 100 Malvern, PA 19355 Plaintiff, VS. LONNIE KREISER 655 GUTSHALL RD BOILING SPRGS PA 17007-9526 Defendant(s). IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION No. 10 - 11J 0'%V'11 l'M PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly ENTER my appearance in the above-captioned matter on behalf of PLAINTIFF LIVINGSTON FINANCIAL LLC. Papers may be served at the address set forth below: Blatt, Hasenmiller, Leibsker & Moore, LLC 5 Great Valley Parkway, Suite 100 Malvern, PA 19355 Telephone Number: 1-610-902-0644 ext. 4151 BLATT, HASEN & MOORE, LLC Dated: May 7, 2010 2411503 PPTXPEAI I NUMN ?I By: bafnrel Santucci Gregory R. Dye LEIBSKER Fll_FD-;:?--- `# i i PEENN',iYLVANA Lonnie L. Kreiser Lonnie Kreiser 655 Gutshall Road Boiling Springs, Pa 17007 September 7, 2010 Dear Gregory R. Dye of Blatt, Hasenmiller,Leibsker & Moore, LLC: I received your notice of a civil action No 10-5471, It was dated May 7, 2010... notarized on August 20,2010, Data verification date was MARCH 23, 2010 and delivered to me on Friday evening, September 3, 2010. I last dealt with Messerli & Kramer Attorneys at law 3033 Campus Drive, Suite 250 Plymouth, Minnesota 55441-2662 763-548-7922 Apparently you bought this "account" from them. So that means I have to go thru the whole thing over again. Which is time consuming to me, BUT I will continue to do it each and every time that I get a notice like this. Ok so let"s start at the beginning, Years ago when I was diagnosed with a Rare Salivary Gland Tumor and I was told that I would have to undergo many operations; and treatments, I knew I would not be working for awhile if at all again. I was told it was 97% positive that it was cancer and that it would not be good. With wonderful doctors, many many prayers and a wife who quit work to take care of me (because we couldn't afford a nurse to take care of me while she worked), I pulled thru! So that bought us to how were we going to pay our bills during this time? We had 2 options, Bankruptcies or debt managements. We choose In Charge Debt Solutions Management Company here in Pa. We cut up all of our credit cards and started making monthly payments. We made our final payment in JUNE of THIS YEAR! It took us many many years to do it and we still have a handful of smaller medical bills that we are still working on. We could of just filed Bankruptcy, but we made the bills and wanted to pay them, Looking back we should have filed for bankruptcy, because after the credit cards we then were faced with over $200.000.00 in medical bills that the insurance didn't pay. YES two hundred thousand dollars!! We have them down to under $2,000.00 We did so by working with the doctors and hospitals to help with those bills and by doing without for years to get them paid off. I still drive a dented up truck, we did have to buy a used car when the wife's car final gave in to its 285,000 miles. We nearly lost our home in all of this too! BUT Mr. Dye, we worked with them and now are in good standing with them. Because we pay our bills and don't run and file for bankruptcy at drop of the hat. We struggled thru sickness while raising 5 kids, 3 still in school and 2 in college. We struggled and pinched every penny to pay the bills and keep a roof over our heads. Where this is leading to is....... This bill was paid thru In Charge Debt Solutions! Even when it was "charged -Off "we still sent the payments and they still took our money! I went online to our account with In Charge Debt Solutions this morning to print out the payment information, but our account has been closed because all creditors were paid in FULL. I have contacted them and they will work on getting me the information I need to mail to you. Your notice said I have 20 days from receipt to answer this. I was upset because I got it on a Friday evening of a Holiday weekend, which meant I lost 3 days because of that! I know that information will not get here in time for your deadline, so I am writing with a response within that 20 days. So in the meantime, if you need copies of all correspondences from the last attorneys or all of the attorneys, I will gladly copy and mail them to you. I need something from you too, I need a copy of verification that you have. Under #2 it stated that the items reviewed by "Krista Jo Henry "was computerized account data relating to account no. 41900303422584447. Could I please have a copy of that to take to my attorney? Also I would like a copy of the contract that I signed with US Bank to open this account and any other information you have on this matter. I will supply you with all information that I have and then it will prove that this account is Paid in full! That said I am deputing this bill. Sincerely, _ Lonnie L. Kreiser Cc: Court of Common Pleas SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ??t??tii4, of ?tttrrLr???yre9 °.5fr 6 c ?.c c -?aFF FILED-Mr-ICE "?F THE P-`T' (r"1^TARf 10 SEP -s AM 8: 45 CUP t - "s- ; .: t E OUNiY PENNSYLVANIA Livingston Financial LLC vs. Lonnie Kreiser Case Number 2010-5471 SHERIFF'S RETURN OF SERVICE 09/03/2010 06:18 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on September 3, 2010 at 1818 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Lonnie Kreiser, by making known unto Delia Kreiser, Wife of defendant at 655 Gutshall Road, Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.40 September 07, 2010 GERALD WORTHINGT DEPUTY SO ANSWERS, F •r. RON R ANDERSON, SHERIFF (c Gown ;Suite -Shentf. Te;e3sdt hnr, Blatt, Hasenmiller, Leibsker & Moore, LLC Attorney for Plaintiff, Morris Scott Attorney I.D. #83587 LIVINGSTON FINANCIAL LLC 1835 Market Street, Suite 501 -? Philadelphia, PA 19103 215-564-1567 LIVINGSTON FINANCIAL LLC IN THE COURT OF COMMON- LEAS: c/o Blatt, Hasenmiller, Leibsker & Moore, LLC . 1835 Market Street, Suite 501 - - Philadelphia, PA 19103 CUMBERLAND COUNTY, PA Plaintiff, vs. CIVIL ACTION No. 10-5471-CIVIL TERM LONNIE KREISER 655 GUTSHALL RD BOILING SPRGS PA 17007-9526 Defendant(s). PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly ENTER my appearance in the above-captioned matter on behalf of PLAINTIFF LIVINGSTON FINANCIAL LLC. Papers may be served at the address set forth below: Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Telephone Number: 1-215-564-1567 Dated: May 7, 2012 BLATT, HASENMILLER, LEIBSKER & MOORE, LLC By: Morris Scot Attorney 2411503 PPTXPEAI III11111111111I N1111111111111$1111111111IIIIIIII In The Court of Common Pleas of Cumberland Plaintiff Defendant County, Pennsylvania No. /O - ?,7I Civil Action - Law. Oath We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that we will discharge the duties of our office with fidelity. -46- 6W 6?? mature o?c'e??l ? • iMa All w- Y'evH .s Law Firm Address 6av k City, Zip amL-l ? c fi ?C Ia,?+ Law Firm Address C?IisI?? d? i??f3 City, Zip Name d P. Law Firm Address Q? VO(l PA 17011 City Zip Award We. the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the following award: (Note: If damages for delay are awarded; they shall be separately stated.) Arbitrator, dissents: {Insert name if applicable.) Date of Hearing: ? hairman) Date of Award: 2- C Notice of Entry of Award Now, the /'?/ day of , 2Q /X , at -" 2 -A5 O.M., the above award was entered upon the docket and notic ereof given by mail to the parties or their attorneys. Arbitrators' compensation to ?e paid upon appeal: S 1116 ., 7V By: Prothonotary Deputy } A f P "' I Sy>.?rlA,1,:; hail f el &2,,4 ec - ? f ?? n ; t° /fir z°SCr% )wC Blatt, Hasenmiller, Leibsker & Moore, LLC Morris Scott Attorney I.D. #83587 Syretta Martin Attorney I.D. #309370 1835 Market Street, Suite 501 Philadelphia, PA 19103 215-564-1567 Attorney for Plaintiff, LIVINGSTON FINANCIAL LLC LIVINGSTON FINANCIAL LLC c/o Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Plaintiff, vs. LONNIE KREISER 655 GUTSHALL RD BOILING SPRGS PA 17007-9526 Defendant(s). IN THE COURT OF COMMON Pt;Ft~S `"" _> v. CUMBERLAND COUNTY, PA ~ --, _ 1 ., _, ...~. CIVIL ACTION -. r~ '~.... " ~ ~_, ~_. No. 10-5471-CIVIL TERM - PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly ENTER my appearance in the above-captioned matter on behalf of PLAINTIFF LIVINGSTON FINANCIAL LLC. Papers may be served at the address set forth below: Blatt, Hasenmiller, Leibsker & Moore, LLC 1835 Market Street, Suite 501 Philadelphia, PA 19103 Telephone Number: 1-215-564-1567 Dated: November 23, 2012 BLATT, HASENMILLER, LEIBSKER & MOORE, LLC /'~' ,,q 1.., By: ~,.~. Morris Scott Attorney Syretta Martin Attorney 2411503 PPTXPEAI III IIN ~I NNII NNI Illli IIIII IIIII III IIIII IIII III