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Home My WebLink About09-0666 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. AS Plaintiff No: OQ- tow CjVa lerw vs. MARY A NICKEY 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 1400 Pittsburgh, PA 15219 (412) 434-7955 FAX: 412-338-7130 06005945 C N Pit BNT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. AS Plaintiff VS. Civil Action No MARY A NICKEY 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. AS 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: MARY A NICKEY 60 GORDON DR CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX4259 . 4. Defendant made use of said credit card and has a current balance due of $1905.28 , as of October 03, 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 October 03, 2008 . A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit 111" and made a part hereof. DIRECT REWARDS 41) CARDMEMBER SERVICES PLATT N U M PO BOX 17151 r BALTIMORE MD 21297-1151 Payments Payable To: HSBC Card Services ACCOUNT NUMBER 6011 574259 STATEMENT NEW MINIMUM AMOUNT PAST PAYMENT MUST DATE BALANCE PAYMENT DUE DUE AMOUNT BE RECEIVED BY ENCLOSED 09130/07 0.00 0.00 0.00 10/22/07 $ O New.Mlress or amdt7 Check box. See reverse skle. SEND PAYMENTS TO: MARY ANICKEY 964 as 60 GORDON DR CARLISLE PA 17013-8602 1 PAYMENT CENTER PO BOX 17313 ,,III,,,III,,,,,,Ilh,ll,l„I„Ilh,llh,h,rl,l,ll„11,,,,11„ BALTIMORE, MD 21297-1313 „1,1,,,11„1,11,11, 1h„1h hr II„11,,,,11„11,11,,,,1,1„IIh, 601138100057425900000000000000008 Detach and insert this top portion in the wdosw envelope. Be wre the Payment Cents address slows in the envelope window. DIRECT REWARDSO PL_4TINUM Rnur?rrl C„ Point Balance + Points Earned + Bonus/Acgusted - Points Redeemed Re ning Pi From Prior This Statement Points This This Statement nts :Iance: Stateme nt Statement 0 0 0 0 0_ 0 A VIEW OF YOUR RECENT CHARGES AND CREDITS Pa Online Anytime: ww TRANS POST REFERENCE , w. Mllwfttralonlinexorr DATE DATE NUMBER DESCRIPTION PAYMENTS AND CREDITS N M R EDITS CHARGES 09/30 09/30 F6050008HOO999M CHARGE OFF ACCOUNT-PRINCIPALS 09130 09/30 F6050008HOO999990 CHARGE OFF ACCOUNT *FINANCE CH 1259.89 - 645.39 - YOUR ACCOUNT SUMMARY - SEPTEMBER ACCOUNT AND PAYMENT INFORMATION CREDIT UNE INFORMATIO ACCOUNT NUMBER 6011 3810 0057 4259 TOTAL CREDIT LINE S ACCOUNT SUMMARY NEW BALANCE 0.00 TOTAL AVAILABLE CREDIT PREVIOUS BALANC E 81905 MINIMUM PAYMENT DUE 0.00 0 CASH ADVANCE CREDIT L 700 PURCHASES CASH ADVANCES .00 + p pp + AMOUNT PAST DUE 0.00 CASH ADVANCE AV IT 0 CREDITS 0.00 PAYMENT MUST BE OVERLIMIT AMOU 0.00 PAYMENTS 1905.28 5.26 RECEIVED BY OCT 22, 2007 `CASH ADVANC ISA OTHER . 0.00 PORTION OF Y EDIT LINE. FINANCE CHARGE ppp . 0.00 M - SERVICE CENTER:14MM-3g3.22g1 T BY PRONE: 877-2-PAY-CARD FROM OUTSIDE THE U.S. CAL -997-4997 HEARING IMPAIRED-TDD CUSTOMERS CALL: 877-902-0967 SEND PAYME MENT CENTER, PO BOX 17313, BALTIMORE, MD 21287-1313 MAIL INOUIRIE MBER SERVICES, PO BOX 8280, CAROL STREAM, IL 80197-9641 REVERSE SIDE FOR IMPORTANT INFORMATION. Pay Online, Anytime: www.accounteentralonline.com 5994 0000 XP[) 2 5 17 070930 Z X Page 1 of 2 6050 1000 P349 01BN5994 1 menus MI.oun x L" DIRECT REWARDS® PL_A-rI N U M ACCOUNT NUMBER 6011 3810 0057 4259 A SUMMARY OF YOUR FINANCE CHARGES EXCLUDING P ROMOTIONAL OFFERS AVERAGE DAILY NOMINAL ANNUAL NUMBER DAILY PERIODIC PERCENTAGE FINANCE ANNUAL PERCENTAGE OF DAYS IN BILLING STATEMENT C BALANCE RATE RATE CHARGE RATE CYCLE LOSING DATE PURCHASES 0.00 .07257% 26.49% 0.00 26.49% CASH ADVANCES 0.00 .89215% 29.99% 0 00 . 29.99% 30 09/30/07 I-. :a® za !Nftft . 5994 0000 XPD 2 5 17 070930 Z X Page 2 of 2 6050 1000 P349 OIBN5994 1 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. Section 4904 relating to unworn 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. VALERIE DEMARAIS 06005945 6011381000574259 $1905.28 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. ? N 1 VA ro y) t ? ` 00 - SHERIFF'S RETURN - REGULAR CASE NO: 2009-00666 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK NEVADA N A AS VS NICKEY MARY A GERALD N WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon NICKEY MARY A the DEFENDANT at 0018:07 HOURS, on the 12th day of February-, 2009 at 60 GORDON DR CARLISLE, PA 17013 by handing to MARY A NICKEY DEFENDANT 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 Postage Sworn and Subscibed to before me this of So Answers: 18.00 4.50 00 10.00 R. homas Kline .42 32.92 02/13/2009 WELTMAN WEINBERG & REIS By: A?A L)ztL?- day Deputy S iff A.D. ?a ? -TE : ``? _ - T1 . , ? ,R - c? '=, v°;: _. -? :?;-- _r? ?? ,. } , _.. .? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, NA Plaintiff VS. MARY A NICKEY Defendant No. 09-666 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT 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 Bldg. 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06005945 LxR Judgment Amount $ 1972.61 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, NA Plaintiff vs. Civil Action No. 09-666 CIVIL TERM MARY A NICKEY Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, MARY A NICKEY above named, in the default of an Answer, in the amount of $1972.61 computed as follows: Amount claimed in Complaint $1905.28 Interest from OCTOBER 3, 2008 to MAY 6, 2009 at the legal interest rate of 6% per annum $67.33 TOTAL $1972.61 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: JAMES C W BRODT, ESQUIRE PA I.D.#425 Weltman, ei rg & Reis Co., L.P.A. 1400 Kop rs Idg. 436 Seve venue Pittsbur A 15219 (412)43 -7955 WWR#06005945 Plaintiffs address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7"' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 60 GORDON DR CARLISLE,PA 17013 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, NA Plaintiff vs. Civil Action No. 09-666 CIVIL TERM MARY A NICKEY Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order or Judgme was entered against you on ?- /,/ -G1 (xx) Assumpsit Judgment in the amount of $1972.61 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 ByAHONOeTIA45fti"UTY) PR MARY A NICKEY 60 GORDON DR CARLISLE,PA 17013 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 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, NA Plaintiff vs. MARY A NICKEY Defendant Case no: 09-666 CIVIL TERM 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, MARY A NICKEY 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, MARY A NICKEY is not in the military service. Further Affiant sayeth naught. SWORN TO AND SUB ED in my presence this ? day of n dI/1 Ala ? I NOT. COMMONWEALTH OF PENNSYLVANI Notarial Seal C Wencly L Gaul, Notary public 1: A kYPf P Mh, Allegheny C=* MY Commission Expires July 15, 2010 Member, Pennsylvania Association of Nolarles IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. AS Plaintiff vs. MARY A NICKEY Defendant TO: MARY A NICKEY 60 GORDON DR CARLISLE, PA 17013 (422 Date of Notice: d 2 Case No. 09-666 CIVIL TERM IMPORTANT NOTICE 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN, WEINBERG & REIS CO., L.P.A. By tthew Urban P.A.I.D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 6005945 N PIT KM3 Request for Military Status 4 , Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 MAY-04-2009 07:54:28 Last Name First/Middle Begin Date Active Duty Status Service/Agency NICKEY MARY 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. Auk Y"i_ A?*_ 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: bgp://www.defenselink.mil/faq/pis/PC09SLDR.htini WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID:BTEEYHGIWFP https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 5/4/2009 RL.D CJ ;I t r, CIF THr iN 1. !A . 2009 HA y 14 P ; 2 0 IA-A