The URL can be used to link to this page

Home My WebLink About09-0665IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. ARTHUR J BIERCE Defendant No : 0q-(0L0'6 0'6j?tTem 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 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06641121 C N Pit TSW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff VS. Civil Action No ARTHUR J BIERCE 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 DRIVE LAS VEGAS , NV 89193 2. Defendant is adult individual(s) residing at the address listed below: ARTHUR J BIERCE 1703 DOUGLAS DR CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXXXXXX7690 . 4. Defendant made use of said credit card and has a current balance due of $11796.92 , as of August 19, 2008 . 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 19, 2008 . 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 , ARTHUR J BIERCE , INDIVIDUALLY , in the amount of $11796.92 with continuing interest thereon at the rate of 6.000W per annum from August 19, 2008 plus costs. James C. W rmbrodt,42524 WELTMAN W INBERG & REIS CO., L.P.A. 436 Se nt Avenue, Suite 1400 Pittsb rg , PA 15219 (412) 43 -7955 FAX: 1 -338-7130 0664 C N Pit TSW This law firm is a debt collector attempt`'ing to collect this debt for our client and any information obtained will be used for that purpose. ' CARDMEMBER SERVICES cr ERCHANTS ANKa ? PO BOX 21460 TULSA OK 74121-1460 Payments Payable To: HSBC Card Services ACCOUNT NUMBER S4S8 0001 7620 7690 STATEMENT NEW MINIMUM AMOUNT PAST PAYMENT MUST AMOUNT DATE BALANCE PAYMENT DUE DUE BE RECEIVED BY ENCLOSED 03127/06 10,722.34 1,319.00 976.00 04/21/08 $ D Nary m ldnw or wna117 Check box. See reveraa side. SEND PAYMENTS TO: ARTHUR J BIERCE 021 b 1011 CLAY ST 161019 OAKLAND CA 94607-4025 PAYMENT CENTER PO BOX 17313 LL..L.LIL.II„r1...1,InIII,...1.1.1.1.... I I ...II...II BALTIMORE, MD 21297-7313 1.1.1 ... I I..I. i l.l.. I...I I...I ..11. M I I„11,11,,, ,1.1.11,., 545800017620769000131900010722341 Detach and insert tha lop podion in the enclosed envelope. Be sum the Payment Center addmu shows in the envelope window. - Imcr RMkNTS ANKa E A VIEW OF YOUR RECENT CHARGES AND CREDITS Pay OnNne Anytime: ywvw.aeeountcentralonlinemom TRANS POST REFERENCE DATE DATE NUMBER DESCRIPTION CREDITS GES Sp PURCHASES, CASH ADVANCES R FEES ; 02128 02128 OVERLIMIT FEE 39.00 03/23 03/23 LATE FEE 39,00 'FINANCE CHARGE' PURCHASES $232.91 CASH ADVANCE $0.00 232.91 YOUR ACCOUNT SUMMARY - MARCH ACCOUNT AND PAYMENT INFORMATION CREDIT LINE INFORMATION AC I MMARY ACCOUNT NUMBER 5458 0001 7820 7W TOTAL CREDIT LINE $10000 lI ALANCE $ 10411.43 NEW BALANCE 10722.34 TOTAL AVAILABLE CREDIT 0 S . 0.00 MINIMUM PAYMENT DUE 1319.00 CASH ADVANCE CREDIT LIMIT' 8000 VANCES + 0.00 AMOUNT PAST DUE 978.00 CASH ADVANCE AVAILABLE CREDIT TS - ODD PAYMENT MUST BE OVERLIMIT AMOUNT YMENTS - 0.00 RECEIVED BY APR 21, 2008 'CASH ADVANCE CREDIT LIMIT OTHER + 78.00 PORTION OF YOUR TOTAL CRE FINANCE CHARGE + 232.91 NEW BALANCE 10722.34 Aft CARDMEMBER SER1 :1.800.379-7989 PAYMENT BY 2-PAY-CARD FROM OUTSIDE THE U.S. CALL COLLECT: 904-98 RING IMPAIRED-TDD CUSTOMERS CALL: 877-902-0967 SEND PAYMENTS TO: PAYMENT BOX 17313, BALTIMORE, MD 21297-7313 MAIL INQUIRIES TO: CARDMEM , PD BOX 6250, CAROL STREAM, IL 60197-5250 NOTICE: SEj,R RS FOR IMPORTANT INFORMATION. PaylpnaL : www.amountc*ntralonline.com Y A OUNT IS SERIOUSLY PAST DUE. PLEASE PAY UNT DUE IMMEDIATELY TO AVOID ADDITONAL MWE TO YOUR CREDIT. YOU MAY CONTACT AN ACCOUNT SPECIALIST AT 1-800-435-1415 TO CUSTOMIZE A REPAYMENT PLAN. 5994 0000 XPD 2 7 19 080327 E X Page 1 of 2 8800 0100 P506 OIBN5994 161019 CT ERG ANTS YANK' ACCOUNT NUMBER 5458 0001 7620 7690 A SUMMARY OF YOUR FINANCE CHARGES (EXCLUDING PROMOTIONAL OFFERS NOMINAL NUMBER AVERAGE DAILY ANNUAL ANNUAL OF DAYS STATEMENT DAILY PERIODIC PERCENTAGE FINANCE PERCENTAGE IN BILLING CLOSING BALANCE RATE RATE CHARGE RATE CYCLE DATE PURCHASES 10569.10 .07599% 27.74% 232.97 27.74% CASH ADVANCES 0.00 .07667% 27.99% 0.00 27.99% 29 03/27108 5994 0000 XPD 2 7 19 080327 E X Page 2 of 2 8800 0100 P506 01BN5994 161019 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities, that he/she is, VALERIE DEMARAIS, employee, of HSBC Bank Nevada, N.A. as successor in interest to Direct Merchants Credit Card Bank, N.A., plaintiff herein, that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information and belief. -Yea44-4? A)1PPV14.a VALERIE DEMARAIS 06641121. 5458000176207690 $11796.92 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. S f ?7? ( 00 ??? M 7 T pp ?? O OD ( 7740 L CJ'1 CIP) SHERIFF'S RETURN - REGULAR CASE NO: 2009-00665 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK NEVADA N A VS BIERCE ARTHUR J KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon "'rT nncn 'AMMUTTO T the DEFENDANT at 0018:30 HOURS, on the 11th day of February-, 2009 at 1703 DOUGLAS DR CARLISLE, PA 17013 by handing to ARTHUR BIERCE DEFENDANT 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 Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 4.50 .00 10.00 R. Thomas Kline .00 32.50 02/12/2009 WELTMAN WEINBERG & REIS By: / //-/ day A. D. f C? C? ?v ? --? ; ( ..: ' ? s _ -i? F' ? `? 1 Y ?? ` '' ?}} ?.?/ Wisniewski & Mensing, LLP By: David Wisniewski, Esquire, I.D. No. 205035 Stephanie J. Mensing, Esquire, I.D. No. 89625 1616 Walnut Street - Suite 710 Philadelphia, PA 19103 215-735-2171; Fax: 215-359-2741 Attorneys for Defendant Arthur J. Bierce HSBC Bank Nevada, N.A. Pennsylvania Court of Common Pleas Cumberland County Plaintiff : vs. Arthur J. Bierce Civil Term No. 09-665 Defendant : PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendant Arthur J. Bierce. Papers may be served at the following address: David Wisniewski, Esquire Stephanie J. Mensing, Esquire Wisniewski & Mensing, LLP 1616 Walnut Street - Suite 710 Philadelphia, PA 19103 Ste ?` ?7 " / p ie J. nsmg, E re Attorney f efendant ?: :.? , = ? R ?? f _. r, .,..... i ...e ? .. °J': r a,3-r .,..c-. Wisniewski & Mensing, LLP By: David Wisniewski, Esquire, I.D. No. 205035 Stephanie J. Mensing, Esquire, I.D. No. 89625 1616 Walnut Street - Suite 710 Philadelphia, PA 19103 215-735-2171; Fax: 215-359-2741 Attorneys for Defendant Arthur J. Bierce HSBC Bank Nevada, N.A. Plaintiff VS. Arthur J. Bierce Defendant You are hereby notified to file a written response to the New Matter within twenty (20) ?eWagainst f service hereto or a judgment be a vou. Pennsylvania Court of Common Pleas Cumberland County Civil Term No. 09-665 DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT Defendant Arthur J. Bierce ("Defendant"), by and through his undersigned counsel, responds to Plaintiff HSBC Bank Nevada, N. A.'s ("Plaintiff') Complaint as follows: 1. Denied. Defendant lacks the knowledge, information, and belief to respond to this averment, and as such it is denied. 2. Admitted. 3. Denied as a conclusion of law to which no responsive pleading is required. 4. Denied as a conclusion of law to which no responsive pleading is required. 5. Denied as a conclusion of law to which no responsive pleading is required. 6. Denied as a conclusion of law to which no responsive pleading is required. 7. Denied as a conclusion of law to which no responsive pleading is required. WHEREFORE, Defendant Arthur J. Bierce respectfully requests that this Court enter judgment in his favor and against Plaintiff, together with costs, reasonable attorney fees and such other relief as the Court deems just. NEW MATTER 1. Defendant incorporates Paragraphs 1 through 7 by reference as if fully stated at length herein. 2. Plaintiffs Complaint fails to state a cause of action upon which relief may be granted. 3. Plaintiff's Complaint is time-barred as the applicable statute of limitations has expired. 4. Plaintiff's Complaint is barred, in whole or in part, under the doctrine of laches. 5. Plaintiff's Complaint is barred, in whole or in part, under the doctrine of unclean hands. 6. Plaintiff and/or its agents have failed to act in good faith in connection with this matter. 7. Plaintiff has failed to mitigate its damages. 8. Plaintiffs Complaint is barred, in whole or in party, under the doctrine of estoppel. 9. Plaintiffs Complaint fails to comply with Pa.R.C.P. 1024. 10. Plaintiff's Complaint fails to comply with Pa.R.C.P. 1019(a), (f), (h), and (i). WHEREFORE, Defendant Arthur J. Bierce respectfully requests that this Court enter judgment in his favor and against Plaintiff, together with costs, reasonable attorney fees and such other relief as the Court deems just. Dated: February 26, 2009 . M Wisniewski & Mensing, LLP By: David Wisniewski, Esquire, I.D. No. 205035 Stephanie J. Mensing, Esquire, I.D. No. 89625 1616 Walnut Street - Suite 710 Philadelphia, PA 19103 215-735-2171; Fax: 215-359-2741 Attorneys for Defendant Arthur J. Bierce HSBC Bank Nevada, N.A. Pennsylvania Court of Common Pleas Cumberland County Plaintiff Civil Term VS. No. 09-665 Arthur J. Bierce Defendant CERTIFICATE OF SERVICE On February 26, 2009, I served a true and correct copy of Defendant's Answer and New Matter upon the following party, via U.S. Mail, First Class, Postage Pre-Paid: James C. Warmbrodt, Esquire Weltman, Weinberg & Reis Co., L.P.A. 436 Seventh Avenue - Suite 1400 Pittsburgh, PA 15219 V t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff VS. ARTHUR J BIERCE Defendant No. 09-665 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE 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. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06641121 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. Civil Action No. 09-665 CIVIL TERM ARTHUR J BIERCE Defendant PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREDJUDICE TO THE PROTHONOTARY OF COUNTY: Please kindly Settle Discontinue the above captioned matter upon the records of the Court with prejudice and mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By: JAMES C RODT, Esquire PA. I.D.# 52 WELTM N, INBERG & REIS CO., L.P.A. 1400 K Building 436 S e Avenue 15219 Pittsb 9 PA 15219 4 (412) 34-7955 WWR#06641121 subsc 'bed Swo Befo me Day 20 ? WEALTH OF PENNSYLVA COMMON Notarial Seal Wendy L. Gauft, Notary Public I City of Pittsburgh, Allegheny County My Commission Expires July 15, 2010 Member, Pennsylvania Association of Notaries 2009 APR 17 Pik e: 3 5 'l ?. t,kt['JrIIT