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HomeMy WebLinkAbout07-1415 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC NEVADA BANK, N.A. Plaintiff vs. GARY D BAIR Defendant No. ~7 1'f~ ~l v c. I COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, 47437 WELTMAN, WEINGERG & REIS CO., L.P.A. 436 Seventh Aveneue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR#05491451 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC NEVADA BANK, N.A. Plaintiff vs. Civil Action No. GARY D BAIR 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ON AGENICES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 COMPLAINT 1. Plaintiff is a corporation with offices at 1111 Towne Center Drive, Las Vegas, NV 89193- 8724. 2. Defendant is an adult individual residing at 105 SLOVER RD # 173 ., MECHANICSBURG,PA 17055 . 3. Defendant applied for and received a credit card issued by Plaintiff bearing the account number 5489550053029636 . 4. Defendant made use of said credit card and has currently a balance due and owing to Plaintiff, as of February 28, 2007, in the amount of $2,735.24. A true and correct copy of Plaintiff's Statement of Account is attached hereto, marked as Exhibit "1" and made a part hereof. 5. 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. 6. Plaintiff avers that the Cardholder Agreement between the parties provides that Plaintiff is entitled to the addition of finance charges at the statutory rate of 6% per annum on the unpaid balance. 7. 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, GARY D BAIR individually, in the amount of $2,735.24 with continuing finance charges thereon at the statutory rate of 6% per annum from the date of judgment, 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. G/r William T. Molcza , 474 WELTMAN, WEINGERG &REIS CO., L.P.A. 436 Seventh Aveneue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 WWR#:05491451 t GARY D BAIR ACCOUNT SUMMARY PAYMENT SUMMARY BALANCE SUMMARY ACCOUNT 5489-5500-5302-9636 OVERLIMIT AMOUNT 1309.52 PREVIOUS BALANCE 42,384.95 NUMBER MINIMUM PAYMENTS 490.00 PAYMENTS/CREDITS - 10.00 CASH CREDIT LIMIT. 42,200 CURRENT PAYMENT DUE^ 1399.52 PURCHASES/DEBITS + 465.00 CASH LIMIT AVAILABLE 40 PAYMENT DUE DATE 05/05/06 LATE PAYMENT CHARGE+ iD.00 TOTAL CREDIT LIMIT 12.200 PAST DUE AMOUNT 4239.00 MISC. FINANCE CHARG+ 10.00 TOTAL CREDIT LIMIT 10 AVAILABLE FINANCE CHARGE + 459.57 ^See reverse side for an ex- STATEMENT DATE 04/10/06 planation of these amounts. NEW BALANCE = 42,509.52 .Cash Credit Limit is a portion of the Total Credit Limit TRANSACTION SUMMARY CFor additional transaction detail go to www.orchardbank.com ) TRAN POST TRANSACTION REFERENCE AMOUNT DATE DATE DESCRIPTION NUMBER CHARGES CRE DITS 04/0604/06 LATE CHARGE ASSESSMENT 10000005080000999555450 135.00 03/2003/20 OVERLIMIT CHARGE ASSESSMENT 10000005080000999513530 430.00 YOUR ACCOUNT IS NOW PAST DUE. PLEASE CALL TODAY TO MAKE YOUR PAYMENT OVER THE PHONE. CALL US AT 800-434-4954. Manage your account online at: www.orchardbank.eom 110201 A LO 0000000508 G STMT07 D D PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Account Number On Your Chock MAIL PAYMENTS T0: QUESTIONS? MAIL INpUIRIES T0: HSBC CARD SERVICES 24-HOUR AUTOMATED ACCOUNT INFORMATION HSBC CARD SERVICES PO BOX 17051 ENGLISH 1-503-293-4037 PO BOX 80084 BALTIMORE MD 21297-1051 ESPA OL 1-503-293-4834 SALINAS CA 93912-0084 Account Number 5489-5500-5302-9636 New Balance 12,509.52 Payment Due Date 05/05/06 Current Payment Due 1399.52 Make checks payable to HSBC CARD SERVICES Please write your account number on your cheek. Do not fold, staplo or clip. Do not send cash. Pleaso send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. Amount Enclosed #BWNHYTS #493053029630# GARY D BAIR 105 SLOVER RD # 173 MECHANICSBURG PA 17055-5844 HSBC CARD SERVICES PO BOX 17051 BALTIMORE MD 21297-1051 548955005302963600039952002509527 ~~ ~l ~ ~ [ '~!8~HX3 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA. C.S. 4904 relating to unsworn falsifications to°authorities, that ne,~she is Ariel Mendoza Manager of HSBC Nevada, NA, plaintiff herein, that he/she is duly authorized to make this verification, and that the facts set forth in the foregoing Complaint are true and correct the best of his/her knowledge, information and belief. (Signature) Wwr# ©~j ~ ~ ~ ~, ~ h a O ~~ N ('_' c~::~ -. _t Q ,,' "T ? ~ ~r . . AU ~ ~ ....# s ! ~ i- ~ . .* ~~ _ .~ . - m r ~ ~ ~ ... , ._ ~ ~ _.... fi'" ' _ g - ,.~ } } t ` !''J ` ' T'M's ` 7 :. -. .. _ -~ ~, G,TY a7 C°a "< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. GARY D BAIR Defendant No. 07-1415-CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE & END WITH PREJUDICE FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan,:Esquire Pa. I.D. No. 47437 Weltman, Weinberg & Reis, Co, LLC 27 i ~ Koppers Building 436 7`h Avenue Pittsburgh, PA 15219 WWR#05491451 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. GARY D BAIR Defendant Civil Action No. 07-1415-CI:V[L TERM PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREJUDICE TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue and End the above captioned matter with Prejudice upon the records of the Court and mark the cost paid. Sworn to and subscr ed Before me the ay of MAY, 2007 i ARY ... i81 Vie:- _. ~__.__~~Y -- -- ~ .- __~ WELTMAN, WEINBERG & REIS CO., L.P.A. By: v " ~~ William T. Molcza , E wire Pa. I.D. No. 47437 Weltman, Weinberg & Reis, Co, LLC 2718 Koppers Building 436 ?`" Ave:.,ie Pittsburgh, PA 15219 WWR#t~~~' ~`~51 ~ 7 C ~ ~ t ` ~ "~ ; ~~,_. °cf --- ~ ~z ,_. ''~ `' f', N ;~ r-~ ~== ;r - ~• ! ~- ~ .. - (~. t ,~" SHERIFF'S RETURN - REGULAR CASE NO: 2007-01415 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC NEVADA BANK N A VS BAIR GARY D KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon BAIR GARY D the DEFENDANT at 1855:00 HOURS, on the 22nd day of March 2007 at 105 SLOVER ROAD MECHANICSBURG, PA 17055 by handing to GARY BAIR a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 18.00 10 5 6 ~"'~~ " ~/ ~" ~' . ~;~,; .,~,~ ,~;,. o Affidavit .00 Surcharge 10.00 R. Thomas Kline 00 3/a 4/6'1 3~ 03/23/2007 ~ WELTMAN WEINBERG REIS Sworn and Subscibed to By: r before me this day e t Sh ff of A.D.