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Home My WebLink About07-2835a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. PATRICIA SMITH Defendant No: 67-oZ835 Civc I 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. 435 Seventh Avenue, Suite 2718 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 05524746 C N Pit SGM ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs . Civil Action No d ~- °~ p3~ PATRICIA SMITH 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 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: PATRICIA SMITH 36 DREXEL PL NEW CUMBERLAND, PA 17070 3. Defendant applied for and received a credit card bearing the account number 5480420016224246 . 4. Defendant made use of said credit card and has a current balance due of $1768.44 as of March 08, 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.OOOs per annum on the unpaid balance from March 08, 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 axed/or refused to pay the balance due to Plaintiff. Wherefore, the Plaintiff prays for judgment in its favor and against Defendant PATRICIA SMITH INDIVIDUALLY in the amount of $1768.44 with continuing interest thereon at the rate of 6.000 per annum from March 08, 2007 plus costs. James W`~rmbrodt,42524 WELT EINBERG & REIS CO., L.P.A. 436 even h Avenue, Suite 2718 Pitt burg PA 15219 (41 ) 434 7955 FAX. 412 338-7130 05 24746 C N Pit SGM This law firm is a debt collector atte~pt~g to collect this debt for our client and any information obtaine w 11 be used for that purpose. ~-+ SEIU EDGE MASTERCARD STATEMENT PATRICIA SMITH ACCOUNT SUMMARY ACCOUNT 5480-4200-1622-4246 NUMBER TOTAL CREDIT LIMIT $0 TOTAL CREDIT LIMIT $0 AVAILABLE STATEMENT DATE Masfc~Card PAYMENT SUMMARY OVERLIMIT AMOUNT $1 768 44 MINIMUM PAYMENT' 811700 CURRENT PAYMENT DUE' $1,788.44 PAYMENT DUE DATE 11/18/08 PAST DUE AMOUNT $711 00 FINANCE CHARGE CALCULATION This is a grace account. Grace period information on back. Average Daily Days FINANCE CHARGE Daily Balance Periodic Rate in Billin 9 At Periodic Cash Advance/ R Nominal Annual ANNUAL PERCENTAGE PURCHASES Cycle ate Transaction Fees percentage RATE CASH ADVANCES $0.00 $0.00 0.05477% 0.00000% 8 8 $0.00 $0.00 Rate 19.99% 19.991% $0.00 $0.00 19.9996 19.990% EXHIBIT ~ ,/ / MAIL PAYMENTS TO: UNION PLUS CREDIT CARD Po sox 17os1 BALTIMORE MD 21297-1051 New Balance $1,768.44 Payment Due Date 11/ts/O6 ~ QUESTIONS? 24-HOUR CUSTOMER SERVICE 1-800.622-2580 OUTSIDE USA, COLLECT: 1-702-243-1575 TDD HEARING IMPAIRED: 1.800-655-9392 ~ Manage your account online at: olozsaz z2 www.unionpluscard.com 0000003000 G STMTXO E S EXCPT PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Account Number On Your Check ~~r ~~ sEiv Stronger Togath~r Page 1 of 1 BALANCE SUMMARY PREVIOUS BALANCE $1 788 44 PAYMENTS/CREDITS - $000 PURCHASES/DEBITS + $000 FINANCE CHARGE + 000 NEW BALANCE _ $1,768.44 MAIL INQUIRIES TO: UNION PLUS CREDIT CARD PO BOX 80027 SALINAS CA 93912-0027 81,768.44 Make checks payable to UNION PLUS CREDIT CARD. Please write your account number on your check. Do not told, staple or clip. Do not send cash. Please send your payment 7 days prior to the payment due date to ensure timely delivery. Amount Enclosed PATRICIA SMITH 36 DREXEL PL NSW CUMBERLAND PA 17070-2202 I~~tIIIr~JILrtJtttllLt~~JrLtItIII~t~~tlti~tlLJl~~il~~~l UNION PLUS CREDIT CARD PO BOX 17051 BALTIMORE MD 21297_1051 I~~IJt~Jit~LILLJ~t~L~tIIIlttt~Ll~~~~ILJJI 548042001622424600176844001768444 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 correci the best of his/her knowledge, information and belief. (Signature) Wwr# v 5~.~?~-l ~~~ n ~ "~ Oc a -~ --~ b~ ~ ~ .,,,_ r- ~ 7,"~ r ~ "7 O ~ ~ d ~ {cNa y •~_ ~: ~~" ~ b ~, 8~ ~~ SHERIFF'S RETURN - REGULAR CASE NO: 2007-02835 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK NEVADA NA VS SMITH _PATRICIA BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon SMITH PATRICIA the DEFENDANT at 1809:00 HOURS, on the 14th day of May 2007 at 36 DREXEL PLACE NEW CUMBERLAND, PA 17070 by handing to PATRICIA SMITH 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: So Answers: Docketing 18.00 ~~:~~~:~"~ ,/~~ /,t`~ Service 16.32 ~jd~ Postage .41 Surcharge 10.00 R. Thomas Kline .00 5I3~~o? ~ / 44.73 05/16/2007 WELTMAN WEINBERG IS i Sworn and Subscibed to By: i before me this day Deputy Sherif of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. PATRICIA SMITH Defendant No. 07-28~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 WWR#05524746 Judgment Amount $ I ,802.08 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. PATRICIA SMITH Defendant TO THE PROTHONOTARY: Civil Action No. 07-283 CIVIL PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, PATRICIA SMITH above named, in the default of an Answer, in the amount of $1,802.08 computed as follows: Amount claimed. in Complaint $1.,768.44 Interest from MARCH 8, 2007 TO JULY 2, 2007 at the legal interest rate of 6% per annum $33.64 TOTAL $1.,802.08 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: WILLIAM T. MOLCZ ,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#05524746 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 271.8 Koppers Building, 436 7°i Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 36 DREXEL PL NEW CUMBERLAND,PA 17070 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. Civil Action No. 07-283.{f--CIVIL PATRICIA SMITH 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 ~,GU7 (xx) Assumpsit Judgment in the amount of $1,802.08 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: PR H NOTARY PATRICIA SMITH 36 DREXEL PL NEW CUIv1BERLAND,PA 17070 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 COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. PATRICIA SMITH Defendant Case no: 07-283+~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, PATRICIA SMITH 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, PATRICIA SMITH is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN ~O AND SUBSCRIBED in my presence this /~ day of Q ~` t . ?~~? . COMMONWEALTH OF PENNSYLVANIA Notarial Seal Wayne A. Jones, Notary Public N ARY PUBL ~ • r~ Pittsburgh, PJiegt~eny Co" ~' nmissior- Expires June ~' -~.: , Pennsylvania Association o~ ~~ ,es 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 JUL-02-2007 07:08:38 +t. Last Name First/Middle Begin Date Active Duty Status Service/Agency SMITH PATRICIA 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: http //www.defenselink mil/faq/ps/PCO_9SLDRhtml 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 7/2/2007 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: ETKWWMXZTA https:!/www.dmdc.osd.millscralowa/scra.prc_Select 7/2/2007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff PATRICIA SMITH Defendant(s) IMPORTANT NOTICE TO: PATRICIA SMITH 36 DREXEL PL NEW CUMBERLAND,PA 17070 Date of Notice: ~~~~~ WWR#~ 05524746 Case # ~ /- Z~~~- ~~ Ul 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 BY : / C.i PATR CK H~ S OOD PA #3450 WELT WEINBERG & REIS CO., L.P.A. 2718 KOPPERS BLDG, 436 7TH AVE. PITTSBURGH, PA 15219 _~ `~- N l ~ ~ ~ ~ ~ ~ ~ ~ ~ ^C D ` ~,; ~ ~` has ~~'. ,. ~, 6`` .,,U ~ ~~_ - ~ ~~~' _ _ Ga - , ~-~ f 4 :-F~ .. I f ~•_ '.. I'S',, bolo rfvG- ~o pm ~ ate ~> ;. - ~~I -A ~ r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. PATRICIA SMITH Defendant(s) oh-ae3s No.CIVIL PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E Rowland, Esquire PA I.D. # 205520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (4I2) 434-7955 WWR#5524746 JAM ~8.0o Pp ~~l e~ ~~~3 ~ ay~4s~ ., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. Civil Action No. 07-283fr-CIVIL PATRICIA SMITH Defendant(s) PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are directed to satisfy the above-captioned Judgment. WELTM~WEINBERG & REIS CO., L.P.A. By: Lyndsay E owl' , Es wire PA I.D. # 5520 WELTMA , WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412)434-7955 WWR #5524746 Sworn to and subscribed before me this day of July, 1 OTARY P BLIC COMMONVy! ~ru r,• s~uu.w ~...~ Sh~N+ G. ~~ MN C~a~itmy~wp~' ~Ik Member. NOV, 31 303A Penn an a