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Home My WebLink About11-4851THIS IS AN ASSESSMENT Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff FIA CARD SERVICES, N.A. 1825 E. BUCKEYE RD. PHOENIX, AZ. 85034 VS. TAYLOR M LIVINGSTON 104 S 1ST ST LEMOYNE PA 17043 ARBITRATION OF DAMAGES H0118241 MATTER. HEARING NOT REQUIRED. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. NOTICE C-1 r G , ?,3 ? ?? •?' c : I a 11- yXl 0 Ivd 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 JUDGEMENT 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 S BEDFORD STREET CARLISLE, PA 17013 717-249-3166 ?IC-4 1033 pC# alb 34 Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff FIA CARD SERVICES, N.A. 1825 E. BUCKEYE RD. PHOENIX, AZ. 85034 COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. TAYLOR M LIVINGSTON 104 S 1ST ST LEMOYNE PA 17043 DOCKET NO.: COMPLAINT IN CIVIL-ACTION 1. Plaintiff, FIA CARD SERVICES, N.A. , is a federally chartered bank with a business address as stated in the caption above. 2. Defendant TAYLOR M LIVINGSTON is an adult individual residing at the above captioned address. 3. At all times relevant hereto, the defendant(s) was the holder of a credit card, which at the request of the defendant(s) was issued to the defendant(s) by the plaintiff under the terms of which the plaintiff agreed to extend to defendant(s) the use of plaintiff's credit facilities. 4. Defendant (s) accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 5. The defendant (s) received and accepted goods and merchand- ise and/or accepted services and/or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of Defendant's last monthly statement is attached hereto as Exhibit "A" 6. Defendant(s) defaulted under the terms of the credit card agreement by failing to tender monthly payments as required. 7. After allowing for all offsets and credits, a balance as of May 31, 2011 remains on the subject account having account number 74975997004878 in the amount of $12,837.81 plus interest accruing from October 30, 2010 in the amount of $2,001.37 for a total current amount due of $14,839.18; as of May 31, 2011 there remains a balance due in the amount of $14,839.18. 8. Plaintiff has made demand upon the defendant(s)for payment of the balance due of $14,839.18 but the defendant(s)has failed and refused and still refuses to pay the same or any part thereof. 9. Defendant's last payment on account was made on February 27, 2010. WHEREFORE, plaintiff claims of the defendant the sum of $14,839.18 plus applicable court costs and interest., Goldman & Warshaw, P.C. BY: Barry A. os Esquire Attorney for Plaintiff THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE THIS COMMUNICATION IS FROM A DEBT COLLECTOR PACARD VERIFICATION I, Barry A. Rosen, Esquire, hereby state that I am the attorney for Plaintiff herein, that I am authorized to make this verification on behalf of Plaintiff in the foregoing Civil Action Complaint; that I have personally reviewed the documents upon which this cause of action is based and know the cause of action to be based in fact; and that the statements made in Plaintiffs Civil Action Complaint are true and correct to the best of my knowledge, information and belief. I understand that the statements in this verification are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. zvx& ",- Barry osen, Esquire EXHIBIT "A" BankofAmedca TAYLOR M LIVINGSTON Account Number: 749 75861 7254 42 September 9 - October 7, 2010 4543 Account Information: www.bankobmerica.com Mail billing inquiries to: Bank of America P.O. Box 750;8 Wilmington, DE 19850.5028 Mail payments to: Bank of America P.O. Box 75019 'W JImington, UE 19886-5019 Customer Service: 1A00.448.70H1 ;1.877.850.6831 TTY New Balance Total ........................................................$14,839.18 Current Payment Due .............................................................$387.00 Past Due Amount .... ........... ............ _, ..., ..........................$2,534.00 Total Minimum Payment Due ...............................................$2,921.00 Payment Due Date .............................................................11/5/10 Previous Balance .................. $14,543.87 Payments and Other Credits .................0.00 Other Charges.... _ ............................0.00 Fees Charged .................................................39.00 Interest Charged ..........................................256.31 New Balance Total ...................$14,839.18 Late Payment Waming: If we do not receive your Total Minimum Payment by the date listed above, you may have to pay a late fee of up to $39.00. Credit Line ...........................$13,300.00 Total Minimum Payment Warning: If you make only the Total Minimum Statement Closing Date ................10/7/10 Payment each period, you will pay more in interest and it will take you longer Days in Billing Cycle .................29 to pay off your balance. For example: Transaction Posting Rarerence Account Date Date Descript/on Number Number Amount Total Fees 10/06 10/06 LATE FEE FOR PAYMENT DUE 10/05 TOTAL FEES FOR THIS PERIOD Account Number: 749 75861 7254 42 $39.00 Interest Charged 10/07 10/07 Interest Charged on Balance Transfers 10/07 10/07 Interest Charged on Cash Advances continued on next page- 07 0148391800292100000365000000074975861725442 BANK OF AMERICA P.O. BOX 15019 WILMINGTON, DE 19886-5019 TAYLOR M LIVINGSTON 1890 YORK RD DOVER PA 17315-1652 ?WHP-qi 39.00 0.00 251.93 - New Balance Total .............................................. $14,839.18 Total Minimum Payment Due .... ........ ........ .. .. .. .. .. ..... .. 2,921.00 Payment Due Date .......................................... 11/05/10 Enter payment amount $ Check here for a change or mailing address or phone numbers. Freese prowde all corrections on the nowrse side. h%ii this coupon along with your check payable to: Bank of Amsrica 1:5240222501: 1678586172544211' If you would like information about credit counseling services, call 1-866-300-5238. IMPORTANT INFORMATION ABOUr THiS ACCOUNT ,--- - ---_-__?- -___-?_ _ --^ --_-?------- USE503 Rev. 68110 GRACE PERIOD/PAYING INTEREST "Grace Period" means the period oftime during a billing cycle when you will not accrue interest on certain transactions or balances. 't'here is no Grace Period for Balance fr ansfers, Cash ildvances, orCfther (haargcs. We begin charonginterest on Baalance, l ransfers, Cash Advances and Other. Charges on the transaction date. CALCULATION OF BALANCES SUBJECT TO INTEREST RATE Average Balance Method (includingnew Balance Transfers and new Cash Advances): We calculate separate Balances Subject to an Interest Bate for Balance Transfers, Cash Advance s, and for each Promotional Offer balance consisting of Balance'I'ransfers or CashAdvanees. We clo this by: (11 ealr..ulati.ng a daily balance for sac n day in.th.is statement's billing cycle; (2) cakulatiug a daily balance for each day prior to this statement's billing cycle that had a "Pre-CW[e balance"--a Pre-cycle balance is a Balance Transfer or a Cash Advance with a transaction date prior to this statement's billing cycle but with a posting date within thi r statement's billing cycle; (3) adding all the daily balances together; and (4) dividing the sum of the dailybalances by the number of days in this statement's billing cycle.. To calculate the daily balance for each day in this statement's billing cycle, we take the beginning balance, add an amount equal to the applicable Daily Periodic Rate multiplied by the previous day's daily balance, add new Balance Transfers, Gash Advance, and Transaction Few, anti aubtiatiapplicable parrn eats and credits. Ii' aa>v daily balance i s lose thari zrruwe treatitas mro. To calculate a daily txalance for e;.wh day prior to this statement's billing cycle that bat a Pre-Cycle balance, we take the beginning balance attriWtable solely to Pre-Cycle balances (which will be zero on the transaction date of the first Pre-Cycle balaawe), add an amount equal to the applicable Daily Periodic: Rate multiplied by the previous clay's dams balance, and acid only the applicable Pre-Cycle balances, and their related Transaction Fees. We exclude from this calculation all transactions posted in. previous billing cycles. Average Daily Balance Method (including new Other Charges): We calculate separate Balances Subject to an Interest Rat: for Other Charges and for each Promotional Offer balance consisting of Other Charges. We do this by-. (1) calculating is &idly balance for each (lay in the billing cycle; (2) adding all tlae daily Balanmg together; and (3) dividing the sum of the daily balances bythe number of days in the billing cycle. To calculate the daily balance for each day in this statement's bi.lli g cycle, we take tb.e beginning balance, add an amount equal to the applicable Daly Periodic Rate multiplied Bythe previous day's daily balance, add new Other Charges, new Acc'o unt Fees, and new Transact on.Fees,andsubtractapplicable paymentsandcredits. Ifaa?ydailybalanceis less than zero we treatit as zero. toe include the fees for debt cancellation or credit insurance purchased through us in calculating the beginning balance for the first day of the billing cycle after the billing cycle in which such fees are Billed. TOTAL INTEREST CHARGE COMPUTATION Interest Charges accrue and are compounded on a dA lybasis, To determhe the Interest Charges, we multiply each Balance Subjcvt to interest Rate by its applicable Ikaily Periodic Rate and that result by the number of days in the, biding cycle. To determine the total Interest Charge for the billing cycle, we add the Periodic Rate Interest Charges together. A Daily, Periodic Rate is calculated by dividing anAlurual Percentage Rage iw3B5. HOW WE ALLOCATE YOUR PAYMENTS If your account has balances with different APRs, we will allocate the amount of your payment equal to the Total Wlinimum Paymunt Due to the lowest APR balances first Oncludingtrai>,,%wtions made after this statement). Payment amounts'in excess ofyour Total Minimum Payment Due will he applied tic balances with higher APRs before balances withlowe-r APRs. IMPORTANT INFORMATION ABOUT PAYMENTS BY PHONE Alien using the optional Pay-by-Phone service,you authorize us to initiate an elc -tronicpaynnenthom,youraccount.atthetinaneialinstitutionyoudesignate.Youmust authorize the amount and timing of eachMyment. Foryourprotection,we will ask for security information. A fee may apply for expedited service. To cancel, call us before, the scheduled p kyment date. Same-day payments cannotbe edited or canceled. MISCELLANEOUS Forthe complete terms and conditions of your account, consuttyvuMccontit Agreennent. FIA Card Services is a tradename of FTA Card Services, Y.:. This account is issued and administered by FIA Cowl Services, N.A. PAYMENTS We credit mailed paynren to as of the date received, if the payment is-. (1) received by 5 pm. local time at the addre ss shown on the remittance slip on the front of your monthly statement; (2) paid witha check drawn in U.S. dollars on a U.S. financial institution or a LLS. dollar money order; and (3) sent in the return envelope with only the remittance portion of your statement accompanying it, Payments received bymail after 5 pan local time at the remittance address on anyday including the Payment Due Date, but that otherwise meet the above requirements, will be credited as of the next day. Payments made online or by phone will be credited as of the date of receipt if made by b pin. Central time. Credit for any other paymen is may be delayed up to Ilve days. No payment. shall operate as an accord and satisfaction without the prior written approval of one of our Senior Officers. Weprocess most payment checks electronically by using the information found on your check. Each check authorizes us to create a one-tune electronic funds transfer (or process itas ached or paper draft). Funds may be withdrawn from your account as soon as the samedaywereceiveyourpaymeut. Checkearenotreturnedtoyou. Fbrmoreinformation or to stop the electronic funds transfers, call as at the number listed on the front. If you have authorized us to pay your account bill autwuxticallp from your savings or checking account with us, you can stop the payment on anyamountyou think is wrong. To stop paymcnt,your letter must reach us at least three business clays before the automatic payment i q scheduledl to occur. IfyourbfiHngaddress oreontactinformation has changed, or If your address is incorrect as it appears on this bill, please provide all corrections here. Address I Address 2 _ city state Area Cede & Home Phone Area Cale & Wick Phone Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY FILED-OFFICE O THE PROTHONOTARY 2011 JUL 13 AM S: 02 CUMBERLAND COUNTY c `r - r ?IPENNSYLVANIA FIA Card Services Case Number vs. Taylor M. Livingston 2011-4851 SHERIFF'S RETURN OF SERVICE 07/11/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on July 11, 2011 at 1040 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Taylor M. Livingston. After several attempts the Complaint and Notice has expired. SHERIFF COST: $76.00 SO ANSWERS, July 11, 2011 RON RANDERSON, SHERIFF (ej CC LIMYSulte Srentf. 7ejeoso`t Inc_ H0118241 Goldman & Warshaw, P.C. Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff T: ?JRERLASO Co"' t Ec?tasY?vA'??A FIA CARD SERVICES, N.A. VS. TAYLOR M LIVINGSTON COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-4851-CV PRAECIPE TO WITHDRAW COMPLAINT TO THE PROTHONOTARY: Kindly withdraw the above-captioned action, without prejudice. Goldman & Warshaw, P.C. 1 A,r BY: Barry A. Ros , ESQUIRE Attorney for Plaintiff P006 CERTIFICATION OF SERVICE I, Barry A. Rosen, ESQUIRE, hereby certify that I, on the date below, served a copy of Plaintiff's Praecipe to Withdraw Complaint Pursuant to Pa.R.C.P. 1028(c)(1), via First Class Mail, postage pre- paid, to all other parties or their counsel of record. 7 Barry osen, ESQUIRE Dated: 9//9/1/1