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Home My WebLink About10-6294FILED- 0?' THE eft(: 'r TARY 2010 OCT CUMBERL' "C!'s i Y PE NS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LIVINGSTON FINANCIAL, LLC Plaintiff VS. DONIELLE LESTER Defendant No. 10 - lDa94 C,ivi 1-re COMPLAINT IN CIVIL .ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D. #42524 Weltman, Weinberg & Reis, CO L.P.A 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7894036 N *2-00 pQ " CA CID-" (0 P-* ay9685- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LIVINGSTON FINANCIAL, LLC Plaintiff VS. Civil Action No. DONIELLE LESTER Defendant COMPLAINT IN CIVIL ACTION 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 CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices in 1250 SOUTH GROVE STREET, STE 301, BARRINGTON, IL 60010. 2. Defendant, is an adult individual residing at 138 WESTGATE DR, MT HOLLY SPRINGS, PA 17065. 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX3144. 4. Defendant made use of said credit card and currently has a balance due and owing to Plaintiff, as of August 30, 2010, in the amount of $12,461.58. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 5. This account was subsequently assigned to Plaintiff. 6. Defendant is in default of the terms of the cardholder Agreement having not made monthly payments to Plaintiff thereby rendering the entire balance immediately due and payable. 7. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the rate of 23.99% per annum on the unpaid balance. 8. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof to Plaintiff. WHEREFORE, Plaintiff demands Judgment in its favor and against Defendant, DONIELLE LESTER individually, in the amount of $12,461.58 with continuing finance charges thereon at the rate of 23.99% per annum from August 30, 2010 plus costs. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED SHALL BE USED FOR THAT PURPOSE. WELTMAN, WEINBERG & REIS, CO., L.P.A. James C. W brodt, Esquire f"N PA I.D. #42 Weltman, eg & Reis, CO L.P.A 1400 Kop rs ding 436 Seve h ue 19 Pittsburg , Pk)52 (412) 43 -795 36 rn'n"1?1T 739z-1036q eo- Aj'4 RA rit Statement for activity from Mar. 25, 2008 through Apr. 30, 2008 Inquiries: 1-800-286-8585 D9NIELLE LESTER aNK 80 35 Page 1 of 1 Activity Summary Credit and Payment Information Previous Balance ................................. 675 29 $6 Payments and Credits ........................ . , 9,827,11 Purchases, Advances & Other Debits FINANCE CHAROIS ......................... .00 New Balance ............ ,..» ..................... $8,214.55 Credit Line ......................................... None .......... Available Credit .........................u,,.,...,.,,,.., None Minimum Payment Due (Current Month)... $0,00 Minimum Pa?yyment Due (Past Due) ........... 10 ,pp Total Now IUlnimatm Payment Due.......... b 0 Payment Due Date .................................... May 20, 2008 to reduce or avoid paying addlNonal finance charges on yourpumhase balance, pay the total new balanca of $8,214.35 by 0612008. Any cash balance or balanos Nanaler balance will continue to aoorue dally Interest unfff the date your papnent la moelved. Payments 04130 REVERSAL OF OTHER FEES AT CHARGE OFF............ 6.75 CR and Credits 04130 INTEREST ............................................................................ 1,606.01 CA CREDIT ADJUSTMENT 04130 CHARGE OFF ...................................................................... 8,214.35 CR BALANCE TAANMR $0.00 ?p00 0.020973% FDOED $0.00 7AO% 0 00% N P?MSES $8,387A5 ADVAMEQ $4 489 68 Sf,357.46 44 OA20273% FIXED 40.16 7A04L . 7.40% Y , : 55 ,469.68 0.020273% FIXED a ?n 33.62 7AO% 7.40% N If you,exoeed your Credit Limit, we may assess an Overllmft Fee. Please review your Cardmember Agreement for more information on Account fees. As a reminder, we may charge a foreign fee of 3% on transactions that occur In a country other than the U.S., even for transactions performed in U.S. Dollars or converted to U.S. Dollars prior to being processed by Visa (and therefore not converted by Visa). Please reter to the "Using Your Card In a Foreign Country, section of your Cardmember Agreement. Each time you or a third party on your behalf, pays your bill by personal check, you authorize us to convert that payment Into an electronic debit. It the check is processed electronically, the checking account will be debited for the amount on the check and the debit will appear on your account statement. If you have any questions, please contact us at the Inquiries phone number located on this statement. End of Statement Pies" detaoh and Bend coupon with check payable b. u.s. Bank lnik. Pra s'?,sm?a ?a„nd , to change your address or for 0ardmember Servloe please oap: 1.800-286-9686 Every Hour! Every Da yl 31440000000009008214354 3357URZ DONIELLE LESTER 15 LUKE LN CARLISLE PA 17013-2308 i(uldllrli=iillrilil4liiinlh'=tll'=Ill'i'llnltUttlllin YourAcoounthlumber 144 Total New Balance: $8,214.35 20, 2008 U.B. Bank P.O. Sox 790408 St. Louis, MO 63179-0408 I,lilt!'Ii'I?Itiillltu?leJbl?'i?=ll'?"i!'ii,llil'PiiIIIIEi?I 7894036 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to authorities, that he/she is KR' TA 10 .N.,V ASSET MANAGER of LUG 5 (NAME) ? r r?,4riGl?' (TITLE) (COMPANY) , plaintiff herein, that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. (SI ATURE) WWR# 7894036 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ,tr pt eltinGrr, OM E ""'P 'HE :-k RIFF Y 1, Jody S Smith Chief Deputy Richard W Stewart Solicitor Livingston Financial LLC vs. Donielle Lester Case Number 2010-6294 SHERIFF'S RETURN OF SERVICE 10/07/2010 06:50 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on October 7 2010 at 1850 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Donielle Lester, by making known unto Nick Palomo, Husband of defendant at 138 Westgate Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $34.30 October 08, 2010 ROBE T ?BITNE?RDEP?UTY SO ANSWERS, 1?z '-. . RON R ANDERSON, SHERIFF rd... C9U11tyS1J1te Shernit. Tejeosrtt. In; FiLED- t t Tf ; OFFiCr T l','t"J. 2010 DEC 28 AM 9: 23 7 "v IN THE COURT OF COMMON PLEAS OF' ALAND COUNTY, PENNSYLVANIA CIVIL DIVISION LIVINGSTON FINANCIAL LLC Plaintiff vs. DONIELLE LESTER Defendant No. 10-6294 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: James C. Warmbrodt, Esquire PA I.D.#42524 Weltman, Weinberg & Reis Co., L.P.A. 1400 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7894036 Judgment Amount $ 13,280.63 Pfl Q?Q?? Is - 00 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LIVINGSTON FINANCIAL LLC Plaintiff vs. Civil Action No. 10-6294 CIVIL TERM DONIELLE LESTER Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, DONIELLE LESTER above named, in the default of an Answer, in the amount of $13,280.63 computed as follows: Amount claimed in Complaint $12,461.58 Interest from August 30, 2010 to December 8, 2010 at the legal interest rate of 23.99% per annum $819.05 TOTAL $13,280.63 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. By: James C. Warm dt, Esquire PA I.D.#42524 Weltman, We' rg & Reis Co., L.P.A. 1400 Kopp I g. 436 Seventh v ue Pittsburgh, 15219 (412) 434-7 5 Plaintiffs address is: v c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 138 WESTGATE DR, MT HOLLY SPRINGS, PA 17065 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LIVINGSTON FINANCIAL LLC Plaintiff VS. DONIELLE LESTER Defendant Case No. 10-6294 CIVIL TERM IMPORTANT NOTICE TO: DONIELLE LESTER 138 WESTGATE DR MT HOLLY SPRINGS{{, ?.A t1n7065 Date of Notice: l I V 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 248-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew Urban P.A.I. D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 7894036 A PIT G4B IN THE COMMON PLEAS COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LIVINGSTON FINANCIAL LLC Plaintiff vs. DONIELLE LESTER Defendant Civil Action No. 10-6294 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within matter and states as follows: Afflant 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. Afflant further states that based upon investigation it is the affiant's belief that the Defendant, DONIELLE LESTER is not in the military service. Afflant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the DMDC does not possess any information indicating that the below individual is in the military service: DONIELLE LESTER 138 WESTGATE DR MT HOLLY SPRINGS, PA 17065 Afflant further states that the averments contained herein are true and correct to the best of Affiant's knowledge, information and belief and that these averments are made subject to the penalties of 18 Pa C.S.A. §4904 relating to unswom falsification to authorities. Request for Military Status Page 1 of 2 Department of Defense Manpower Data Center Nov-26-2010 12:27:44 40 Military Status Report Pursuant to the Service Members Civil Relief Act < Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency LESTER DONIELLE Based on the information you have furnished, the DMDC does not possess any information indicating the individual status. 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 Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAH, Public Health, and Coast Guard). 010r?. 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 DoD strongly supports the enforcement of the Service Members 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 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 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 is on active duty 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). If you obtain additional 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 active duty status including date the individual was last on active duty, if it was within the preceding 367 days. For historical information, please contact the Service SCRA points-of- contact. https://www.dmdc.osd.mil/appj/scra/popreport.do 11/26/2010 Request for Military Status Page 2 of 2 More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days 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 TARS, Marine Corps ARs and Coast Guard 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) for a period of more than 30 consecutive days. 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. 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 SCRA extend beyond the last dates of active duty. Those who would 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 name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:42RHPNQSRI https://www.dmdc.osd.mil/appj/scra/popreport.do 11/26/2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION LIVINGSTON FINANCIAL LLC Plaintiff VS. Civil Action No. 10-6294 CIVIL TERM DONIELLE LESTER Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgment was entered against you on f o- 01$--'I O (xx) Assumpsit Judgment in the amount of $13,280.63 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 I By: PROT TARY (OR D UTY) DONIELLE LESTER 138 WESTGATE DR MT HOLLY SPRINGS, PA 17065 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7'" Avenue, Pittsburgh, PA 15219 1-888434-0085