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HomeMy WebLinkAbout09-1184IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff No: 09_ 118q aijit Ie-m VS. COMPLAINT IN CIVIL ACTION PHYLLIS J HEIGES 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 07064603 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 PHYLLIS J HEIGES 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: PHYLLIS J HEIGES 160 MARBETH AVE CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX6439 . 4. Defendant made use of said credit card and has a current balance due of $1524.15 , as of December 31, 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 December 31, 2008 A copy of Plaintiff's STATEMENT is attached hereto, marked as Exhibit "1" and made a part hereof. 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 , PHYLLIS J HEIGES , INDIVIDUALLY , in the amount of $1524.15 with continuing interest thereon at the rate of 6.000W per annum from December 31, 2008 plus costs. lames c. WELTMAN, 436 Seve Pittsbu (412) 4 FAX: 4 2 070646 3 NBERG & REIS CO., L.P.A. Avenue, Suite 1400 PA 15219 955 8-7130 N Pit TSW This law firm is a debt collector attempt to collect this debt for our client and any information obtained will be used for that purpose. ©naiam Blame a? W PHYLLIS, J HEIGES ACCOUNT SUMMARY ACCOUN 5155-9300-0222-6439 NUMBER TOTAL CREDIT LIMIT $950 TOTAL CREDIT LIMIT $0 AVAILABLE STATEMENT DATE =17"I PAYMENT SUMMARY MINIMUM PAYMENT- $4700 PAYMENT DUE DATE 10/10/08 OVERLIMIT AMOUNT $419.95 PAST DUE AMOUNT $104,00 CURRENT PAYMENT DUE' $486, To avoid additional late and or ovenimit fees, you must pay the Current Payment Due (which includes the Minimum Payment and any Past Due and or Overlimit Amounts). 'See About Your Payment on reverse for an TRANSACTION SUMMARY (For additional transaction detail go to www.orchardbankcorn) TRANS POST TRANSACTION REFERENCE AT DATE? 2E99RI00N NUMBER 08/23 06/23 PAYMENT - THANK YOU 208230BA011980731756401 08111 09/11 LATE CHARGE ASSESSMENT 10000001030000999783390 09/17 09/17 ACCOUNTSECURE PLUS 800-690.1532 PURCHASES BALANCE TRANSFER CASH ADVANCES (v) indicates variable rate ? MAIL PAYMENTS TO: HSBC CARD SERVICES PO BOX 17051 BALTIMORE MD 21297-1051 2 QUESTIONS? 24-HOUR CUSTOMER SERVICE 1.800.462-2018 OUTSIDE USA, COLLECT: 1.757523.3880 TOO HEARING IMPAIRED: 1-800.395-9020 Manage your account online at: www orchardbank com ® MAIL INQUIRIES TO: HSBC CARD SERVICES PO BOX alien SALINAS CA 93912-1822 090752 5 E 17 0000000103 G STMT43 D 9 00003533 OBS1 PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Account Number On Your Check Page 1 of 1 BALANCE SUMMARY PREVIOUS BALANCE $1,315.52 PAYMENTSICREDITS $25.00 PURCHASES/DEBITS + $46.41 FINANCE CHARGE + $3302 NEW BALANCE _ $1,369.95 AMOUNT CHARGES CREDITS -525.00 $35.00 571.41 FINANCE CHARGE CALCULATION This is a grace account Grace period information on back. Average Daily Daily Periodic Days FINANCE CHARGE i Nominal ANNUAL Balance Rate n At Periodic Cash Advance/ Billing Rate Transaction Fees Annual Percentage PERCENTAGE RAT Cycle E $1,102.48 0.08080%(v) 31 $27.61 $0.00 Rate 29.49%(v) 29 490x $215.85 0.08080%(v) $0 00 31 $5.41 $0.00 29.49%(v) , , 29.490% . 0.08080%(v) 31 $0.00 $0.00 29.49%(v) 29.490% Account Number 5155-9300-OM- 43i Now Balance $1,369.95 Minimum Payment $47.01 ?ayment Due Date 10/10108 Current Payment Due i4it k Iclude account number on check to HSBC CARD SERVICES. Do not send cash. Sera orMYlanr 7 rw 4n J-..? - - r••- •? -rm-- we route to ensure timely delivery. To avoid additional late and/or overlimit fees, pay the Current Payment Due. Amount Enclosed PIMLLIS RZIGES 160 MAR8X T8 lllllilllllllrlllrrlrlillllrrirrlrlrlrlrlrlllllillrrll?lllrllll 160 AVE VS CARLISLR PA 17013-1642 HSHC CARD SERVICES PO BOX 05 11 I r rl r ri t I r rlrlr rl Inrlr r I hh rllt BALTIMORE I II I Ill n I do 1 1 II IIIII I I II I 11 MD 21297-1051 M x X MMIM %JWI monift 515593000222643900046695001369957 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., 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. U)t4 A. 1 VALERIE DEMARAIS 07064603 5155930002226439 $1524.15 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. Y 4 -Jt t}1 c- 00 a tea c:> ?ra ? ra'a SHERIFF'S RETURN - REGULAR CASE NO: 2009-01184 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK NEVADA N A VS HEIGES PHYLLIS J BRIAN BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon HEIGES PHYLLIS J DEFENDANT the , at 0008:18 HOURS, on the 28th day of February-, 2009 at 160 MARBETH AVE CARLISLE, PA 17013 by handing to PHYLLIS HEIGES 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 Sworn and Subscibed to before me this So Answers: 18.00 4.50 .00 10.00 R. Thomas Kline .00 32.50 03/02/2009 WELTMAN WEINBERG & REIS _4Z41 By A day Deputy Sheriff of A. D. t IL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff VS. PHYLLIS J HEIGES Defendant No.09-1184 CIVIL TERM PRAECIPE FOR ENTRY OF JUDGMENT BY CONSENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: MATTHEW D URBAN, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07064603 Judgment Amt: $1,524.15 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. P14YLLIS J HEIGES Defendant Civil Action No. 09-1184 CIVIL TERM PRAECIPE FOR JUDGMENT BY CONSENT TO THE PROTHONOTARY: Kindly enter Judgment against Defendant, PHYLLIS J HEIGES, in the amount of $1,524.15 plus costs, based upon the consent of the parties. CONSENTED TO: WELTMAN, WEINBERG & REIS CO., L.P.A., By: Attorney for Plaintiff PHYLLIS J HEIGES, By Defend t WWR#07064603 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. Civil Action No. 09-1184 CIVIL TERM PHYLLIS J HEIGES 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, PHYLLIS J HEIGES, above-named, in the amount of $1,524.15 pursuant to the Stipulation of the Parties for Payment and for the Entry of Judgment by Consent, as follows: Defendant admits indebtedness to Plaintiff in the amount of $1,524.15 with continuing interest thereon at a rate of 6% per annum plus costs from date of judgment. 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, PHYLLIS J HEIGES, in the amount of $1,524.15 plus continuing interest thereon at the rate of 6% per annum from date of judgment 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) $72.00 due by 4/30/2009; (b) $72.00 due every month of each consecutive month thereafter until the Judgment amount plus accrued interest and costs are paid in full. 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. 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 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. 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 day o 20r-O(_ WELTMAN, WEINBERG & REIS CO., L.P.A. By: MATTHEW D URBAN, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 7064603 By, Defendant HYLLI J 1 EIGE FV )L F `T7', AP 2HC9 APR 24 Ali 1 { : 3: CUlbi 'U , N j 14. oo P 10AlTq C?t? gg(o8 ? aa? a?t? O?j? oAt" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. Civil Action No. 09-1184 CIVIL TERM PHYLLIS J HEIGES Defendant NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order o Jud ent was entered against you on y (xx) Assumpsit Judgment in the amount of $1,524.15 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's licemso and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Ent. of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession ( ) Default ( ) Verdict ( ) Arbitration ( ) Award (XX) By Consent Prothonotary PHYLLIS J HEIGES 160 MARBETH AVE CARLISLE,PA 17013 By: PR ON Y (O DEPUTY) ~F ~ n~~ TARY ~~ CEP -8 A~ ~~~ 54 ~~p~1~ ~y4V~NIA ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. PHYLLIS J HEIGES Defendant(s) No. 09-1184 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Lyndsay E Rowland, Esquire PA I.D. # 205520 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#7064603 JAM ~8.0o PQ Arry C~ ~~753793 l~' ay'78s3 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. Civil Action No. 09-1184 CIVIL TERM PHYLLIS J HEIGES Defendant(s) PRAECIPE FOR SATISFACTION OF JUDGMENT At the request of the undersigned attorneys for the Plaintiff, you are duected to satisfy the above-captioned Judgment. WEL & REIS CO., L.P.A. By: Lyndsa E an , quire PA I.D. # 2 520 WELT , WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR #7064603 Sworn to and subscribed before me this f7 day of August, 10 NOTARY PUBLIC COMMONWEALTH Op PENNSYLVAMIyq Notarial Seal Sheila G. Bevan, Notary Public ROaS 7VVp., Allaphany County My Commlalon ret Nov, 15, 2010 Member: ~ ~~