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Home My WebLink About07-5631 I W r r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff VS. LAURIE K SEBASTIAN Defendant No : b'1- 5(ov 3 v; l Terw% 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 0552.4774 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 LAURIE K SEBASTIAN 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 CENT DR. LAS VEGAS , NV 89193 . 2. Defendant is adult individual(s) residing at the address listed below: LAURIE K SEBASTIAN 708 OWL CT MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number 5408010030490664 . 4. Defendant made use of said credit card and has a current balance due of $2576.47 , as of August 01, 2007 . I- 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 August 01, 2007 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111" ands made a part hereof. ii ,I 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 , LAURIE K SEBASTIAN , INDIVIDUALLY , in the amount of $2576.47 with continuing interest thereon at the rate of 6.000* per annum from August 01, 2007 plus costs. Warmbrodt,42524 WEINBERG & REIS CO., L.P.A. nth Avenue, Suite 2718 gh, PA 15219 4-7955 -338-7130 P C N Pit SGM rm is a debt collector at to collect this debt for This law fi our client and any information obtai be used for that purpose. P. a S is HOUSEHOLD BANK BOLD MASTERCARD STATEMENT LAURIE K SEBASTIAN ACCOUNT SUMMARY PAYMENT SUMMARY ACCOUNT 5408-0100-3049-0664 OVERLIMIT AMOUNT 12,576.47 NUMBER MINIMUM PAYMENT* 190.00 TOTAL CREDIT LIMIT 10 CURRENT PAYMENT DUE* 02,576.47 TOTAL CREDIT LIMIT 40 AVAILABLE PAYMENT DUE DATE 09/26/06 PAST DUE AMOUNT 4479.00 BALANCE SUMMARY PREVIOUS BALANCE 12,576.47 PAYMENTS/CREDITS - 10.00 PURCHASES/DEBITS + 00.00 FINANCE CHARGE + 10.00 14 *See reverse side for an ex- STATEMENT DATE 09101106 planation of these amounts. NEW BALANCE = 12,576.47 FINANCE CHARGE CALCULATION This is a grace account. Grace period information on back. Nominal Annual Average Daily Days FINANCE CHARGES Annual Percentage Daily Periodic In Billing At Periodic Cash Advance/ Percentage Rate Balance Rate Cycle Rate Transaction Fees Rate PURCHASES 10.00 .08353%. 30 10.00 00.00 30.49%. 30.490%. CASH ADVANCES 40.00 .00000% 30 10.00 10.00 30.49% 30.490% IMPORTANT INFORMATION Pursuant to Nevada law, we are providing this notice, which applies to accounts with Nevada mailing addresses, to inform you that you may elect to be placed on our internal "do not call" list. To be plat this list, you may call us toll free at 800-477-6000 or write to us at PO Box 81622 or email us at Householdbank.com. Or you may contact the Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington Street, Suite 3900, Las Vegas, Nevada 89101. MAIL PAYMENTS TO: QUESTIONS? MAIL INQUIRIES TO: HSBC CARD SERVICES 24-HOUR CUSTOMER SERVICE HSBC CARD SERVICES PO BOX 17051 1-800-477-6000 PO BOX 81622 BALTIMORE MD 21297-1051 SALINAS CA 93912-1622 OUTSIDE USA, COLLECT: 1-757-523-3880 TOD HEARING IMPAIRED: 1-800-395-9020 Manage your account online at: www.householdbank.com 090550 Z 01 0000000103 6 STMTXX E E PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Account Number On Your Check Account Number 5408-0100-3049-0664 New Balance 12,576.47 Payment Due Date 09/26/06 Current Payment Du12,576.47 Make checks payable to HSBC CARD SERVICES . Please write your account number on your check. Do not fold, staple or clip. Do not send cash. Please send your payment 7 days prior to the payment duo date to ensure timely delivery. Amount Enclosed LAURIE K SEBASTIAN 708 OWL CT MECHANICSBURG PA 17050-2078 HSBC CARD SERVICES PO BOX 17051 BALTIMORE MD 21297-1051 540801003049066400257647002576471 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 Charmain Hopper 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# C p['? z i? to 00 m <_. to ?z c) cn w IN TldD-tU-t(n ?U TOURT, CarCOUNTY, STATE OF e.AnI (CREDITOR NAME) § Case No. C9 - 5 U 31 Plaintiff § M-A Vs. § ANSWER Defendant Nama) § C? L,lf V'_ K- - § Q? Defendant § To Whom It May Concern: This letter is being sent to You in response to a notice sent to me on jab ^U 1 date. At this time I come to enter a plea of General Denial until this debt is verified by providing a Bill of Particulars Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act 15 USC 1692tt Sec. 809 (b) that your claim is disputed and Bill of Particulars is requested. This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. _ 10-G --m (Date) Co-Defendant's Name) (Date) na- ?t» i`7 ( 2 CASE NO. D'1- 5(0 3 VERIFICATION Sta a of " , County of? ss: I tnjjnPi' , being duly sworn, deposed and says: I am the Defendant mi this proceeding. I have read the Answer in Person and know the contents thereof to be true to my own knowledge, except as to those matters stated on information and belief, and as those matters I believe them to be true. 'I'?ef?ndan Sworn to before me this ??y of o , 20& 0 0 , a?' E, Court Employee and Title For Court Use Only_ Initial Calendar Date: Both Sides Notified: NOTARIAL SEAL CLAUDIA A. BREWBAKER, NOTARY PUBLIC Carlisle Boro. Cumberland County My Commission Expires April 4, 2009 Fq, r Q SHERIFF'S RETURN - REGULAR CASE NO: 2007-05631 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK NEVADA N A VS SEBASTIAN LAURIE K 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 SEBASTIAN LAURIE K the DEFENDANT , at 1726:00 HOURS, on the 8th day of October , 2007 at 708 OWL COURT MECHANICSBURG, PA 17050 by handing to LAURIE SEBASTIAN 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 Service Affidavit Surcharge So Answers: 18.00 11.52 ..r ...,? c .00 ! 10.00 R. Thomas Kline .00 39.52 10/09/2007 WELTMAN WEINBERG REIS Sworn and Subscibed to By: before me this day of A.D. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYI,VANIA CIVIL DIVISION I ISBC BANK NEVADA, N.A Plaintiff vs. ij f' 1,AURIE, K SEBASTIAN Defendant 41 f i I O THE PROTHONOTARY: Civil Action No. 07-5631-CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT Vin'! Kindly enter Judgment against Defendant, LAURIE K SEBASTIAN , in the amount of $2,576.47 plus costs, based upon the consent of the parties. ?u is WEI,TMAN, WE,IN13ERG & REIS CO., L.P.A., IG? BY Attorn le, WWR LAURIE K SEBASTIAN D- - r: B4enant 11M { r ?y q p W IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION I ISBC BANK NEVADA, N.A Plaintiff vs. Civil Action No. 07-5631-CIVIL TERM LAURIE K SEBASTIAN Defendant STIPI)LATION OF THE PARTIES FOR PAYMEN'[' AND FOR THE ENTRY OF JL'llGMFN'I' IIY CONSENT ILk l`THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against the Defendant, LAURIE K SEBASTIAN above- named, in the amount of $2,576.47 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 $2,576.47 with continuing interest thereon at a rate of 6% per annum plus costs from AUGUST 1, 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, LAURIE K SEBASTIAN , in the amount of $2,576.47 Plus continuing interest thereon at the rate of 6% per annum from AUGUST 1, 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) $100.00 due by NOVEMBER 30, 2007; (b) $100.00 due on the 30rn day of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. n' d 4. 5. All payments are to be made payable to the order of" IISBC BANK NEVADA. N.A The first payment due under this agreement is to be received at the offices of Weltman, ! Weinberg & Reis, Co., L.P.A., 436 Seventh Avenue, Suite 2718, Pittsburgh, PA 15219. All future payments are to be mailed to the offices of Weltman, Weinberg & Reis, Co., P.O. Box 5430, Cleveland, OH 44101-0430. 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 Plaintil'f's counsel any payment in full within five (5) calendar days of the stated due date, then Plaintiff shall hr 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 final and complete. 9. ?? - - _ _- Intending to be legally bound, the parties set their hands and seals this _7- day of fi , WELTMAN, WEINBERG & REIS CO., L.P.A. By---= - r?vxit?m?6JAMES C DT, Esquire PA I.D. #4252A WELTMAN, EINBERG & REIS CO., L.P.A. 2718 Kopp s Building 436 Seve h Avenue PA 15219 PittsV134-7955 (412WWR No. 5524774 ?r ?I 13y' a - D Tendant, L IF, K LBA-S"hIAN- J?? ar g F Q 'V ^? ?..` Q ?J Tz '- t ' ?v .. r r?,. , , ?'" ' ? r, 7 ? ? ? .. "`- r-?i l '? ??? ?.p j? 1 ?-? ? „, .. 3..,, ?+? C,.3 .,,? I? IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND CO[JN"1'Y, PENNSYLVANIA CIVIL DIVISION 11SBC BANK NEVADA, N.A Plaintiff vs. LAUIZIE K SEBASTIAN Defendant lr LAURIE? K SEBASTIAN 708 OWL C-I- M1;C1lANICSI3[j'RG PA 170 Civil Action No. 07-5631-CIVIL "I-I;RM 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_E ?__'a17-1007 (xx) Assumpsit Judgment in the amount of $2,576.47 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 Tl-aff is Safety, Ilarrisburg, PA. (xx) Entry of.fudgment of Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary ?- 50 f' By. - PROA(HtOTARY ( - --- il' I: 01t,