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Home My WebLink About07-5486 e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. DOROTHY E POMRANING Defendant No : b'7 - 5~$(p ~i~~ I Term COMPLAINT IN CIVIL ACTION FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Samantha T. Estevez,89204 WELTMAN, WEINBERG & REIS CO., 325 CHESTNUT STREET SUITE 501 PHILADELPHIA, PA 19106-2614 215-599-1500 FAX: 215-599-1505 05661668 C N Jer EDC L.P.A. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff _ vs . Civil Action $~To 07- 6zl1'G ~w~c~! T~- DOROTHY E POMRANING 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 mint 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 tb 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: DOROTHY E POMRANING 298 MCALLISTER CHURCH RD CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number 5466410011812358 . 4. Defendant made use of said credit card and has a current balance due of $11801.68 as of July 02, 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 July 02, 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 DOROTHY E POMRANING INDIVIDUALLY in the amount of $11801.68 with continuing interest thereon at the rate of 6.000 per annum from July 02, 2007 plus costs. Samant a T. Estevez,892 4 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 CHESTNUT STREET SUITE 501 PHILADELPHIA, PA 19106-2614 215-599-1500 FAX: 215-599-1505 05661668 C N Jer EDC 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. ®IGMCard Cuatamer Center Payment Address: 1-800.947-1000 CatdmemberSvcs P.O. BOX 80082 PO BOX 37281 Salinas, CA BALTIMORE MD 93912-0082 21297-3281 Vkk us at www.ymcard.tbrtt ............................. ..:t.ilidk:k ~dllt ....... ....................... Statement Due 3/OIAY/ r4eeourtt Number 3466 41001181 2339 New Balance Payment Due Date Minimum Payment • Psst Due Amount 511,493A3 03!26107 5379.00 52,376.00 ToW Credk Limit ToW Cash Advance Limit AvaOabb Cred'a Availabb Cady Advance 50 s0 m 50 k Days this Billirq Cyck 28 Cutrom Paymerd Due - 52,755A0 Page 1 of 1 •See nvene tide for an explanation of these amounts ~~E~" ................... Previous Balaox - Payments and Other Credits +Purchaaes, Cash Advaoxs, + Finantx Cherpes Pees and Other Debits =New Balanx St 1,22959 SOHO 50.00 5263.44 511,493A3 Avenge Daily Daily Periodic NanirW Mnwl Bdutoe Rue Psreartb>oe Rage F1MnCe Caab Advance/ Mnwl CMma Trwaction Fees pmp~ Rri Purcluses SI 1,356.10 0.28596 30.2496 5263.44 50.00 3024096 Cash Advances 50.00 0.0000076 302496 50.00 30A0 0.00096 Previous Eamiogs SOHO NaW tcarolnys Total :0,00 Remember, ev tlme erY You Crake a purehaw wilh F~rnings Received SOAD Anni veraary Due lOBi03 your GM CaM, you'll qm 3% in GM Card Eambtps. Additional Earnings Eamir~s Adjustments Current Period Earnings SOHO Anniversary Y-T-D Femings y0A0 SOHO I-ifaime Earnings Redeemed 50,00 50.00 You ten saw hundreds, ewn tlpusittds on tlta Putiha>4e a' IBS Cf your M'W GM t~ or hUCk (exeludlnp Satttm, 8a~ atN! PRIMMER H1 ~. Choose from tswr 30 brartda ...........................................................................................:::::.. yVhec:gioe ie ieidtio:sdeem isnc6'dd3aadlsiuiri$s eu bigra leiir<io ~l~6le neiK [iif cii a ioid~i5dl irsat:hBD .......................:....................... 6F9i3efA69:::: i ::::::::: i i :::::: i :::: i : i :::::::: ~ ::: EXHIBIT ]007505 N Ol STMTGX 8 Ol-01 024856IPM 17CCPC (Please detach and retrrn bottom portion with payment acrd Maio top p«tion for yo« reoosds. Do nM stapk or clip your clreclt ro the form bebw.) I GM Card MaNa Clraal [ Paystla To: fall CYI OIbIHR tERVICEa - Ptaaae re1N yev aee«M nanMr an yarr ohaelc ab not and each - oonate+tl,adpla«e4p dsn9111C8~d.C~Ingmettep-arrllaoerrtoahte - Pber wd yarr peymat 7 day. prl«ts sre ew d.t. to /~ «re.e tray dnt~.y - acne ar tlraac «mwry ondar par Amount ~~ ~ t s« n..n. t« mor. 6rwnrnllon Enclosed DOROTHY E POMRANING 298 MCALLISTER CHURCH RD CARLISLE PA 17015.9504 GM CARDMEMBER SERVICES ~nr~~~nr~~~nnn~~6~r~~~s~nr~r~r~~nn~u~~r~n~n~rrrr~~~ PO BOX 37281 BALTIMORE MD 21297-3261 ~u~r~66r~~rt~6~~r~as~nr~6r~~ns~6~~sr~urr~~r~r~r) Aocawt Nmnbrr 5466 410011812358 Payment Duce Date 032407 New Halanx =11 488.0.3 Carron A 52,755.00 0275500 1149303 5466410011812358 7 ~ ~ ~ 1. r: VERIT+ICATTION I, Samantha T. Estevez, Esquire, attorney for the Plaintiff(s) do hereby sweaz and affum that the averments in the attached Complaint in Civil Action aze true and correct to the best of my knowledge, information and/or belief. These averments aze made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. Date: q I l'bl O'k' ,i Samantha T. Estevez ~~ u'~0 O ~+ a C -? C. Y,:.± ~~-;.. ~',_•, <-' r.s c° '~ ~ ~~ ca SHERIFF'S RETURN - REGULAR CASE NO: 2007-05486 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK NEVADA NA VS POMRANING DOROTHY E SGT JODY SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE POMRANING DOROTHY E was served upon the DEFENDANT at 1325:00 HOURS, on the 12th day of October 2007 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to DOROTHY POMRANING 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 .00 Affidavit .00 Surcharge 10.00 .00 to f 3v~~ ~ ~,~ 2 8. 0 0 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/15/2007 WELTMAN WEINBERG REIS By ~ ~o .~' De uty Sheriff of A.D. 11 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. DOROTHY E POMRANING NO. 07-5486 Defendant NOTICE OF JUDGMENT OR ORDER AS TO DOROTHY E POMRANING TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Judgme t was entered against you on ~ d 8 U ~' (x) Assumpsit Judgment in the amount of $12,255.64 plus interest and costs. () Trespass Judgment in the amount of $ plus interest and 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 DOROTHY E POMRANING 298 MCALLISTER CHURCH RD CARLISLE,PA 17013 Our File No. 05661668 Prothonotary By: PROT ONOTARY DEP ) WELTMAN, WEINBERG & REIS CO., L.P.A. BY: Michael J. Dougherty, Esquire Attorney for Plaintiff(s) I.D. No. 76046 325 Chestnut Street, Suite 501 Philadelphia, PA 19106 Phone: 215.599.1500 Fax: 215.599.1505 wWR # 05661668 HSBC BANK NEVADA, N.A , CUMBERLAND County Court of Common Pleas vs. DOROTHY E POMRANING , NO. 07-5486 PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enterjudgment against Defendant, DOROTHY E POMRANING , in the default of an Answer, in the amount of $12,255.64 computed as follows: Amount claimed in Complaint 11,801.68 Interest from 07/02/07 to 02/21/08 at the legal interest rate of 6.00 %per annum 453.96 TOTAL 12,255.64 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with Pa.R.Civ.P. 237.1 on the dates indicated on the Notices. I certify Plaintiff's address as HSBC BANK NEVADA, N.A , c/o Weltman, Weinberg & Reis Co., LPA, 325 Chestnut Street, Suite 501 Philadelphia, Pennsylvania 19106 and that Defendant, DOROTHY E POMRANING ,last known address is 298 MCALLISTER CHURCH RD, CARLISLE,PA 17013 . Weltman, Weinberg & Reis Co., LPA i`~ By Michael J. Dougherty, Esquire SIN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff DOROTHY E POMRANING Defendant (s ) IMPORTANT NOTICE - _--- TO : - DORf}~H-Y- E- POMRP,i~ HAG-- -- - - _ _--. _---------_ _ -_- 298 MCALLISTER CHURCH RD CARLISLE,PA 17013 V Date of Notice: ~` ~i ~~-(~L~U WWR#: 05661668 Case # ~~'"~ ~~ ~ - CU 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: MICHAEL J. DOUGHERTY, ESQUIRE PA I.D. #76046 WELTMAN, WEINBERG & REIS CO., L.P.A. 325 CHESTNUT STREET, SUITE 501 PHILADELPHIA, PA 19106 (215) 599-1500 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff Case no: 07-5486 vs. NON-MILITARY AFFIDAVIT DOROTHY E POMRANING Defendant The undersigned, Michael J. Dougherty, attorney for the Plaintiff, 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. That the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. That based upon investigation it is the undersigned's belief that the Defendant, DOROTHY E POMRANING is not in the military service; and That this belief is supported by the attached certification of Mary M. Snavely-Dixon, Director of the Department of Defense -Manpower Data Center. Weltman, Weinberg & Reis Co., LPA By Micha J. Dougherty, Esquire 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 FEB-21-2008 08:11:52 '+~ Last Name First/Middle Begin Date Active Duty Status Service/Agency POMRANING DOROTHY E 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. §§ 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/fa / is/PC09SLDR.html 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 2/21/2008 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: BPMNTOCDLMH https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 2/21 /2008 ~. c-_~ r-, c i:, G ~ ~ ..j _~~ ,.., 1 T ~ ` ~ ~~: r " ~ ~, G7,7 r;•~ : _ '?°J .- p--~ .. -j 't-~1~ .f i..: --~: UNITED STATES BANKRUPTCY COURT THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: : IN BANKRUPTCY DOROTHY E. POMRANING fdba MOUNTAIN LAKES FARM MARKET, INC. BK. NO. 1-09-bk-05250 CHAPTER 7 PROCEEDING Debtor/Movant DOROTHY E. POMRANING. :LIEN AVOIDANCE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA Movant 07-5~8 ~'T`rFtED f=RG"~ttf THE RECORD th4s~~ v. ' r~~~~ of , 20 Id./ HSBC BANK NEVADA, N.A. C#~-~"~c, U.B. Ba k;r ~:cy Ccurt Respondent ~f3~,?~~.`,' a SFr.>,:-~r~ ORDER qF COURT VOIDING JUDICIAL LIEN In consideration of the within Motion for Order Avoiding Judicial Lien, filed by Counsel for the Debtor/Movant, the Court finds the Respondent has failed to file an Answer or otherwise plead to the Motion for an Order Avoiding Judicial Lien filed on July 16, 2009, and duly served upon the Respondent; therefore, the Court orders judgment in favor of the Debtor/Movant, Dorothy E. Pomraning, and against the Respondent, HSBC Bank Nevada, N.A., as to the relief requested in the Motion. IT IS HEREBY ORDERED, adjudged and decreed that the judgment lien held by the Respondent, is hereby declared void in its entirety and of no further force and effect as it violates 11 U.S.C. Section 522(fj(1) and interferes with 11 U.S.C. Section 522(d). BY tltc C`otn~t, Dated: August 7, 2009 Ban p Judge tcwl This document is elecimntcally signed and ,filed on flee same date. Case 1:09-bk-05250-MDF Doc 14 Filed 08/07/09 Entered 08/07/09 12:04:43 Desc Main Document Page 1 of 1 Y 20'9 d~¢a 2~ ~°~~ ~~ CO Ci~P~~ r;?~ _~ ' ~'. r ~~.y~sr~