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HomeMy WebLinkAbout07-4308 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff No: D"7-Y3v~' ~ /~^- vs. SALLY HECKENDORN COMPLAINT IN CIVIL ACTION Defendant 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 05793035 C N Pit KXW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs . Civil Action No 07 - `~30~ ~,( SALLY HECKENDORN 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: SALLY HECKENDORN 2731 RITNER HWY CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 5437000481562579 4. Defendant made use of said credit card and has a current balance due of $21120.24 as of April 12, 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 6.000% per annum on the unpaid balance from April 12, 2007 A copy of Plaintiff's STATMENT 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 SALLY HECKENDORN INDIVIDUALLY in the amount of $21120.24 with continuing interest thereon at the rate of 6.000% per annum from April 12, 2007 plus costs. James Warmbrodt,42524 WELT WEINBERG & REIS CO., L.P.A. 436 ev th Avenue, Suite 2718 Pit sbu gh, PA 15219 (4 2) 4 4-7955 F 4 2-338-7130 793 35 C N Pit KXW This law firm is a debt collectorte ting to collect this debt for our client and any information ob i d will be used for that purpose. ®IGMCard Customer Center Payment Address: 1-800-947-1000 CazdmemberSvcs P.O. BOX 80082 PO BOX 37281 Salinas, CA BALTIMORE MD 93912-0082 21297-3281 Visit us at www.gmcard.com .::::::::::::::::::::::::: ::::::: Qedt~-L• bilk: Ab coiirit Sifttidi~' ' :::::::: : i ::::::::::::::::::::: Statement Date 3~OSt07 Account Number 5437 0004 6156 2579 New Balance 520545.93 Total Credit limit $p Payment Due Date 04/O7J07 Total Cash Advance Limit $0 Minimum Payment' 5750.00 Available Coedit 50 Past Due Amount 54,242A0 Available Cash Advance $0 Currant Pa ment Due • $4,992.00 # Days this Billing Cycle 28 Overlimit Amount $2,045.93 Page 1 of I 'See reverx side for an explanation of These amounts .................................................................. ....... ............................... . . ..................................................................: ransac hilts :::::::::::::::::::::::::::iii :::::::::::::::::::::::::::::::::::: .................................................................. .............. ...... . :::::::::::::::::::::::::::::::::::: ~ ::::::: E'tii aBiJaioiial itrabsactioii detail ~ atawwnt tricaod cam ....................................:....... ..................................... 9....:......~9.......e.....Z:?iii. Cransadion Date Post Date Description Amount Reference Number ~ ~ ~~ 02/13 02/13 OVER[..BvBTCHARGEASSESSMENT $35.OD 10000002010000999998330 03/05 03N5 LATE CHARGE ASSESSMENT 539.00 10000002010000999981640 ..............................................................::::: t:wnt A Iv ::::::::::: ::::::::::::::: :::::::::........ ................. . Previous Balance - Payments and Other Credits +Purchases, Cash Advances, + Finance Charges = Ncw Balance Fees grid Other Debits $20,001.87 $0.00 $74.00 $470.06 $20,545.93 :::::::::::::::::::::::::::::: ::::::::::::::::::: ~:::::::::: Riiiarice: t: ....g ~.iICU~OA::::: ::::::::::::::: ::::::::::::: :::: ::::::::::::::::::::::: Average Daily Daily Periodic Nominal Annual Finance Cash Advance/ Annual Balance Rate percetrtace Rate Charge Transaction Fees Percentage Rate Balance Transfer $1,599.76 0.08285% 30.24% $37.11 $0.00 30240% Balance Transfer $3,029.11 0.08285% 30.24% $70.27 $0.00 30.240% Purchases 515,634.19 0.08285% 30.24% $362.68 $0.00 30240% Cash Advances $0.00 0.00000% 3024% $OAO $0.00 0.000% ::::::::::::::iii: i:iiii iii:iiiiiii:i:~;tiffii ~6~Omm8 iii:isi::::::::: :::::::::::::::::::::: :::::::::~:::~::::::::::::::::: ~:::::::::::::::~::: Previous Earnings $0.00 New F~rnings Total 50.00 Remember, every time you make a purchase with Earnings Received SOAO Anniversary Date 324/93 your GM Card, you'll earn 5Y. in GM Card Famirtgs. Additional Earnings $0.00 Anniversary Y-T-D Earnings $O,Op No other credit card offers such rich rewards! Earnings Adjustments $0.00 Lifetime Earnings Redeemed 50.00 Cuncnt Period Earnings $0.00 Whi:uiyau ie ieudy:toadecin :yin~GldC:u1 Muni' _s to b" :oi lessrnen cl"6Ec heal il<if cac of inid,~ll os at:Y-SI11Z9S4i19A0 ::::::::::::::::::::::::::::::::::::::::: ..................ng....!~:...........~....... ...........................................---........ ~iie~r 1002005 N O8 S7'MTCX C 01-01 022430/BM EXCPT (Please detach end return bottom portion with payment end retain top portion for your records. Do not staple or clip your check to the form below.) ®I GMCard Make Check PayatYe To: GM CARDMEMBER SERVICES - Please write you aeeouM maMer on your check; do not send wan i , MSR 9Ll~lPiB~ 1 U. CO m tl manage your ACCaoM online - Do not d4 stapb or W p - Please send your payment 7 days prior to the due date to ensue tlmey tleYvery sutarn one check or money order per AmoUtlt Pzymerl coupon Enclosed t See reverse Tor rare intormabon SALLY HECKENDORN 2731 RITNER HWY CARLISLE PA 1701x9428 IIII ~I'111'III IIIIIIII'1'1'IIIIIIII'IIII"11'IIIII1111'I~IIIII ............................. ............................. .........................:.............................. ........... . :: i~ci.outif lidoimtat...::::::::....... .......................... ........................... . AcrouM Numbet 5437 0004 8156 2579 Payment Due Date 04/02N7 New Balance :20,545.93 Curtent Payment Due $4,992.00 GM CARDMEMBI~2 SERVICES 1'O BOX 37281 BALTIMORE MD 21297-3281 '11'1'111'IIIIII~IIII~IIIIIIIIIII~II'II~IIIIIIIIIIII 0499199 2054593 5437000481562579 2 ~ +- t. ~ _ ... ., ~'.`. 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. Wwr# c~ r`; ,_.. ~ ~ ~ c~ `-~ ~ -r, ~ R ~ ~,.... l r1 r= ~ ~ m ~, ~~.} ._ ~ .~j cry _`;a ~.-- -< SHERIFF'S RETURN - REGULAR. CASE NO: 2007-04308 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK NEVADA N A VS HECKENDORN SALLY 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 HECKENDORN SALLY the DEFENDANT at 1900:00 HOURS, on the 26th day of July 2007 at 2731 RITNER HIGHWAY CARLISLE, PA 17013 by handing to CHRISTOPHER HECKENDORN (HUSBAND) 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: Docketing 18.00 Service 6.72 Affidavit .00 Surcharge 10.00 .00 pf ~7~07 ~.. 3 Sworn and Subscibed to before me this day So Answers: ,,~ ..~.....,.t R. Thomas Kline 07/27/2007 WELTMAN ----_--- ~ --- - By: of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. SALLY HECKENDORN Defendant No.07-4308 PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT 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. 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#05793035 Judgment Amount:$21,120.24 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CML DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. SALLY HECKENDORN Defendant Civil Action No. 07-4308 PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, SALLY HECKENDORN, in the amount of $21,120.24 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., SALLY HECKENDORN, BY~ _~-~~ Defen t M r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. Civil Action No. 07-4308 SALLY HECKENDORN Defendant STIPULATION OF THE PARTIES FOR PAYMENT AND FOR THE ENTRY OF JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, SALLY HECKENDORN, above- named, in the amount of $21,120.24 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: 1. Defendant admits indebtedness to Plaintiff in the amount of $21,120.24 with continuing interest thereon at a rate of 6.0% per annum plus costs from APRIL 12, 2007. 2. To secure the repayment of said indebtedness, Defendant agrees that Judgment by Consent will be entered in favor of the Plaintiff and against the Defendant, SALLY HECKENDORN, in the amount of $21,120.24 plus continuing interest thereon at the rate of 6.0% per annum from APRIL 12, 2007 and costs. 3. Plaintiff agrees not to execute on its Judgment so long as Defendant causes to be delivered to Plaintiff the following payments in full by 12:00 NOON on the following dates: (a) $600.00 due 09/10/07 through 11/10/07; (b) Beginning 12/10/07 payments of $650.00; (c) No less than $ 650.00 per month due on the 10th day of each consecutive month thereafter until the Judgment amount plus no accrued interest and costs are paid in full. a. a 4. All payments are to be made payable to the order of "HSBC BANK NEVADA, N.A." 5. All payments due under this agreement are to be received at the offices of Weltman, Weinberg & Reis, Co., L.P.A., 2718 Koppers Building, 436 Seventh Avenue, Pittsburgh, PA 15219. 6. In the event of default, each payment received shall be first attributed to costs, interest and then to principal. 7. Time is of the essence of this agreement and should the Defendant fail to have in the hands of Plaintiff or Plaintiff's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall be immediately free to issue Execution as well as pursue all other remedies, in law or in equity, to collect the full balance of the Judgment entered hereunder plus appropriate additional interest and costs. 8. No act or omission of the Plaintiff, nor of anyone alleged to be acting on its behalf, shall constitute a waiver, estoppel, or any other excuse for' non-performance of any duty undertaken by the Defendant in this Stipulation which the parties agree is fmal and complete. 9. Intending to be legally bound, the parties set their hands and seals this ~~ day of 20~ WELTMAN, WEINBERG & REIS CO., L.P.A. By: James PA LD. #~ WEL 2718 K ~ 436 Se n (412) ~-venue A 15219 X55 WWR No. 05793035 Esquire & REIS CO., L.P.A. By: u,xc Defendant, ALLY HECKENDORN ~ ~_ ~ ~, ' ~ ©, ~' 1 S~- y ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. Civil Action No. 07-4308 SALLY HECKENDORN Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (~) Defendant ( )Garnishee You are hereby notified that the following Order or Judgment was entered against you on ~~_ (xx) Assumpsit Judgment in the amount of $21,120.24 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 ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary SALLY HECKENDORN 2731 RITNER HWY CARLISLE,PA 17013 9~ia~o~ By: ~ ~ . PRO NOTARY (OR DE -OKb a ' .~ • - WELTMAN WEINBERG & REIS CO L P A BURLINGTON, NJ , ., . . . 609.914.0437 ATTORNEYS AT LAW CHICAGO, IL 2718 Koppers Building 847.940.9812 436 Seventh Avenue CINCIIVNATI, OH Pittsburgh, Pennsylvania 15219 513.723 2200 412.434.7955 . www.weltman.com CLEVELAND, OH 216.685.1000 COLUMBUS, OH ' 614.228.7272 A,~~ DETROIT, MI ~~GJ 248.362.6100 OF INNOVATION PHILADELPHIA, PA OROwrH i RESULTS 215.599.1500 August 28, 2007 SALLY HECKENDORN. 2731 RITNER HWY CARLISLE PA 17013 Re: HSBC BANK NEVADA, N.A, vs. SALLY ffECKENDORN c8se No. o~-a3oa Our File No. 05793035 Dear SALLY HECKENDORN: Enclosed please find a Stipulation of the Parties for Settlement and for the Entry of Judgment by Consent. You should see that the enclosed Stipulation is signed and returned to our office in the enclosed self-addressed, stamped envelope along with your first payment on, or before, 09/10/07. Upon receipt of the signed stipulation, I will sign and forward the pleading to the court for filing. Should you have any questions or comments, please feel free to contact me. Thank you for your cooperation in this matter. Very truly yours, JCW:JEN Enclosures, . WARMBRODT, Esquire THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTA{NED SHALL BE USED FOR THAT PURPOSE. t!! ~.' "'+CT ; ~ C"3 ~' ~' ~' ~~ ; . .~" t!! f (~ I ~ SSE' ? ( lwr ~ {C~ =~ f^~s:~f$'~1'' r~''Cl ~'l~iU~~~1 ., 4, s1~t.~i v ! [ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. SALLY HECKENDORN Defendant(s) No. 07-4308 PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: I~yndsay E Rowland, Esquire PA LD. # 205520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412j434-7955 WWR#5793035 JAM ~Fi.oo ~Pq Ate/ C'~ ~-I`1(~5 3aa ~,~ a~ 8s~7 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. SALLY HECKENDORN Defendant(s) Civil Action No. 07-4308 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, t 1NBERG &REIS CO., L.P.A. ~'-' By: C.~ ~`' ~ Lyndsay E Ro , ;~ E PA LD. # 205520 WELTMAN, ~ 1NBE 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #5793035 Sworn to and subscribgd before me this Q f day of August, O RY PUB sq G &REIS CO., L.P.A. COMM©NWEAL'r'M 0 PENNY `'A IA ~fd~lnsl !!re#I 41-®yf1@ A.1dAR~, Nc~try Publla of ~j /Illl~hilfly f~i4H nn r~s ~u ;a ~