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Home My WebLink About07-2810 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. SHIRLEY A MCCALL Defendant No: D7_d810 C~v~ r COMPLAINT IN CIVIL ACTION 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 05725391 C N Pit SJS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs . Civil Action No b7. oZ$l0 C,~i~il ~PXM SHIRLEY A MCCALL 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 ~~ ~ F ~ ~~ ~~- , nyt.,~. ,~ s a~ ~:: .,~w..~ ,r.. ,~~ ~, Pa aZ.mZ- L COMPLAINT 1. Plaintiff, HSBC BANK NEVADA, N.A is a corporation with offices at 1111 TOWN CENTER DR. LAS VEGAS NV 89193 2. Defendant is adult individual(s) residing at the address listed below: SHIRLEY A MCCALL 65 COURTYARD DR CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 5440455021375509 . 4. Defendant made use of said credit card and has a current balance due of $2044.13 as of April 09, 2007 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 6.OOOo per annum on the unpaid balance from April 09, 2007 A copy of Plaintiff's statement is attached hereto, marked as Exhibit "1" and made a part hereof. 7. Although repeatedly requested to do so by Plaintiff, Defendant has willfully failed and/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant SHIRLEY A MCCALL individually in the amount of $2044.13 with continuing interest thereon at the rate of 6.OOOo per annum from April 09, 2007 plus costs. This law firm is a debt collector our client and any information ob games i warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 Sev nth Avenue, Suite 2718 Pi tsb rgh, PA 15219 ( 12) 34-7955 12-338-7130 572 391 C N Pit SJS te,~ipting to collect this debt for d will be used for that purpose. ORCI-~RD BdNK' r somas ~~ 1 SHIRLEY A MCCALL ACCOUNT SUMMARY ACCOUNT 5440-4550.2137-5509 NUMBER CASH CREDIT LIMIT 51,500 CASH LBN1T AVAII.ABLE $p TOTAL CREDTT LIMIT S1S00 TOTAL CREDIT LIIvHT $0 AVAB.ABLE STATEMENT DATE 03I02N7 PAYMENT SUMMARY OVERL]MTT AMOUNT 5544.13 MINIMUM PAYMENT' 571.00 PAYMENT DUE' 5615.13 PAYMENT DUE DATE 032707 PAST DUE AMOUNT 3461.00 'See reverse side for m ezplanazion of these amounts. Cash Credit Limit is a portion of the Toml Credit Limit TRANSACTION SUMMARY (For additional tramaction detail go to www.orchardbank.com) TRANS POST TRANSACTION REFERINCB DATE DATE DESCRIPTION NUMBER Page 1 of 1 BALANCE SUMMARY PREVIOUS BALANCE 51,996.89 PAYMENTS/CREDTTS - $O,Op PURCHASES/DEBTTS + $0.00 LATE PAYMENT CHARGE + $0.00 MISC. FINANCE CHARGE + $0.00 FINANCE CHARGE + $47.24 NEW BALANCE - $2,044.13 AMOUNT CHARGES I CREDITS PERIODIC FINANCE CHARGE SUMMARY This is a grace account. Grace period information on back. Balance SubjeU To Finance Charge Average Daily Balance PURCHASES 52,019.57 CASH ADVANCES $0.00 ANNUAL PERCENTAGE RATE•• 30.490X • 'May be higher then Nominal Percentage Rate if statement includes misc. finance charges. / MAIL PAYMENTS TO: '~ QUESTIONS? ®MAIL INQUIRIES TO: 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 1-503-2934834 SALINAS CA 93912-0084 ~ Manage your account online at: www.orchardbank.wm 110201 S N 02 0000000508 G STMTXX 2 B ~~ 00016136 PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Account Number On Your Check 4ccount Number 5440550-213750! few Balance S2,o44.t3 'ayment Due Date o327ro7 Current Pavment Due 5615.13 Make checks payable to HSBC CARD SERVICES. Please write your account number on your check. Do not fold, stapk m clip. Do not send cash. Please send your payment 7 to10 days prior to the payment due date to ensure timely delivery. Amoum Enclosed Daily Days Finanee Charges NOMINAL Puiodic in Billing AtPerlodlC ANNUAL Rate Cycle Rate PERCENTAGE RATE 0.08354% 28 547.24 30.49% 0.00000% 26 50.00 30.49% SBWNHYTS N328021375501N SHIRLBY A MCCALL 65 COURTYAi2D DR CARLISLE PA 17013-4902 nt~~~nt~~~ntna~~n~~n~n~~t~n~~nna~t~t~~ni~t~na~i EXHI~I HSBC CARD SERVICES .a-„A- PO BOX 17051 - °.~•.°. .., .._.._ BALTIMORE MD 21297-1051 ~t~~s~tn~~t~~s~~t~n~nt~nt~~~~un~t~nn~~n~t~~ 544045502137550900061513002044133 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 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# (~ ~ °~~ 2~ n c= ~ r`' __., O -n ~Q C' _ ~ + f % ~ ~n ~ ~1* ~~ ~ -~• ~~ t r °, ~ ' ,~ ~ ~ ~ ~ 0' q C ~.` ,J v ` _ ~ ~ ;-' ' sue- v t. ~ ~~ '-'~ c~ ~ ~ ~ -< 0 SHERIFF'S RETURN - REGULAR CASE NO: 2007-02810 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK NEVADA NA VS MCCALL SHIRLEY A STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon M(`('Z~T.T, CNTRT,RV A the DEFENDANT at 2055:00 HOURS, on the 10th day of May 2007 at 65 COURTYARD DRIVE CARLISLE, PA 17013 SHIRLEY MCCALL by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 5/3~~03' ~. / 32.80 Sworn and Subscibed to before me this of day So Answers: -~~~~~% R. Thomas Kline 05/11/2007 WELTMAN WEINBERG REIS By . L~~ Deputy Sheriff A.D. i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. Civil Action No. 07-2810-CIVIL SHIRLEY A MCCALL 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 (xx) Assumpsit Judgment in the amount of $2,069.00 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~ ~S~ ~ l~ - 1..tsx4 ~l~_ PR ONOTARY (OR DEP Y) SHIRLEY A MCCALL 65 COURTYARD DRNE CARLISLE, PA 17013 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219 1-888-434-0085 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. SHIRLEY A MCCALL Defendant No. 07-2810-CIVIL 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 W WR#05725391 Judgment Amount $ 2,069.00 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. SHIRLEY A MCCALL Defendant TO THE PROTHONOTARY: Civil Action No. 07-2810-C[V1L PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, SHIRLEY A MCCALL above named, in the default of an Answer, in the amount of $2,069.00 computed as follows: Amount claimed. in Complaint $2044.13 Interest from Apri19, 2007 to June 22, 2007 at the legal interest rate of 6% per annum $24.87 TOTAL $2,069.00 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: VV WILLIAM T. MO C N, ESQUIRE PA LD.#47437 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR#05725391 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 2718 Koppers Building, 436 7~' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 65 COURTYARD DRIVE, CARLISLE, PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff Case # (~~ a.~'s~~-'C1,~~.t-- SHIRLEY A MCCALL Defendant(s) IMPORTANT NOTICE TO: SHIRLEY A MCCALL 65 COURTYARD DR CARLISLE,PA 17013 Date of Notice: ~p_ ~~ ~~~ WWR#~ 05725391 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 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. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. SHIRLEY A MCCALL Defendant Case no: 07-281.0-CIVIL 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, SHIRLEY A MCCALL 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, SHIRLEY A MCCALL is not in the military service. Further Affiant sayeth naught. A IANT S ORN TO AND SUBSCRIBED in my presence thi day of~ ~l~ . ~~ ,,, ~ ~ ~ _` ~ ,F,~ NOTARY PL1=BbI ~, s ~.__ 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 JUN-27-2007 05:28:05 ~ Last Name First/Middle Begin Date Active Duty Status Service/Agency MCCALL SHIRLEY 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. ~ ~-~ 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. #167;#167; 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~://_w___ww.defenselink.m /faq/Ris/PC09SLDR.htm_l WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 6/27/2007 Request for 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:ZNYXOZMNCK https://www.dmdc.osd.mil/scra/owalscra.prc_Select 6/27/2007 C? tN~ ~ C. . ~ -~~ A f7 '~ . ;~' t_... ~ a ~ ~ $ ' ~ ~ ~ . ' ~ ~ J ~ 'd s - `~ :. ,~~ ~ 6` Z ~ W -' t + ~... iv - ..} t -lf t..~ -,G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. SHIRLEY A. MCCALL Defendant No. 07-2810-CIVIL PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: BENJAMIN R. BIBLER, ESQUIRE PA I.D. # 93598 WELTMAN,WE(NBERG &REIS,CO. L.P.A. 436 SEVENTH AVENUE, SUITE 2718 PITTSBURGH,PA 15219 (412)434-7955 Fax: 412-338-7130 WWR#5725391 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. Civil Action No. 07-2810-CIVIL SHIRLEY A. MCCALL Defendant PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTMAN, WEINBERG & REIS CO., L,P.A. By; --- BENJ IN R. BI LER, ESQUIRE PA I . D. # 93598 WELTMAN,WEINBERG &REIS,CO. L.P.A. 436 SEVENTH AVENUE, SUITE 2718 PITTSBURGH,PA 15219 (412)434-7955 Fax: 412-338-7130 WWR #5725391 Sworn to and subscrjged before me this ~~ day of August, 0 TARY PUB C ~ ~~ 4 r ,..,,,.t {,1 -J ..~,.