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Home My WebLink About09-1211IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff No: CA- fail 0,-Vlk 1em vs. RICH L FORTNEY JR 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 07077789 C N Pit TSW F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff VS. Civil Action No RICH L FORTNEY JR 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 b 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: RICH L FORTNEY JR 230 WERTZ RUN RD CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8366 . 4. Defendant made use of said credit card and has a current balance due of $18641.34 , as of December 11, 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 6.000W per annum on the unpaid balance from December 11, 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 , RICH L FORTNEY JR , INDIVIDUALLY , in the amount of $18641.34 with continuing interest thereon at the rate of 6.00016 per annum from December 11, 2008 plus costs. James C. rc t,42524 WELTMAN, W INBERG & REIS CO., L.P.A. 436 Sev nt Avenue, Suite 1400 Pittsb g , PA 15219 (412) 34 7955 FAX: 4 2- 38-7130 07077789 C N Pit TSW This law firm is a debt collector attempt to collect this debt for our client and any information obtained w 1 be used for that purpose. TEAMSTER PRIVILEGE MASTERCARD RICH L FORTNEY JR PAYMENT SUMMARY MINIMUM PAYMENT' $440,00 PAYMENT DUE DATE 10123/08 OVERLIMIT AMOUNT $83,88 PAST DUE AMOUNT $1,271.00 CURRENT PAYMENT DUE' $1,711. To avoid eakiffl ml Nte and/or oveAimit fees, you must pay the Current Payment Due (which includes the Minimum Payment and any Past Due arA& Ovarkmif Amounts). 'See About Your Payment on reverse for an BALANCE SUMMARY PREVIOUS BALANCE $17,805.07 PAYMENTS/CREDITS $0.00 PURCHASES/DEBITS + $39,00 FINANCE CHARGE + $219.81 NEW BALANCE = $18,083.88 Page 1 of 1 ACCOUNT SUMMARY ACCOUNT 54804200.288948388 NUMBER TOTAL CREDIT LIMIT $18,000 CREDIT LIMB $01 STATEMENT DATE Previous Points 31,350 It you hew any *"ans pleaso vies w .teamgorwd.e points 0 log Into Your aoeaed and viewlM Aeewt overview pea. - Total Pants 31,350 7G TRANSACTION SUMMARY W (For additional transaction detail go to www.teamstercard.com) TRANS POST TRANSACTION REFERENCE AMOUNT DATE DATE DESCRIPTION NUMBER CHARGES CREDITS 09/21 00/21 LATE CHARGE ASSESSMENT 1 $3900 IF YOU ARE UNABLE TO SEND YOUR PAYMENT TODAY, PLEASE CALL 800.201-0071 TO DISCUSS A REPAYMENT ARRANGEMENT. FINANCE CHARGE CALCULATION This is a grace account Grace period information on back. Average Daily Days FINANCE CHARGE Nominal ANNUAL Daily Periodic in At Periodic Cash Advance/ Balance Rats Billin R t Annual PERCENTAGE g a s Transaction Fees Percentage RATE Cycle PURCHASES $17,921.02 0.03833% 32 $219.81 $0.00 Rah 13 99% 13 990% CASH ADVANCES $0.00 0.05751%(v) 32 $0.00 $0.00 . 20.99%(v) . 20,990% (v) indicates variable rata ? MAIL PAYMENTS TO: 2 QUESTIONS? 10 MAIL INQUIRIES TO: TEAMSTER PRIVILEGE CREDIT CARD 24-HOUR CUSTOMER SERVICE PO BOX 17051 TEAMSTER PRIVILEGE CREDIT CARD 148884803.0278 BALTIMORE MD 21297-1051 PO BOX 80027 OUTSIDE USA, COLLECT: 1-702-243.1575 SALINAS CA 93912-0027 TDD HEARING IMPAIRED: 14800.855.9392 a Manage your account online at: www.teamstercard.com 010103 5 E 27 0000003000 G STMT45 D 8 IBTROOAZXXXXMEMBXXXX 00000491 TMA1 PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Account Number On Your Check Account Number 5480-4200-2989-83366 New Balance $18,083.88 Minimum Payment 5440.00 P nt Due Date 101231011 Current "Weirit Due $1,711.00 Include account number on check to TEAMSTER PRMLEGE CREDIT CARD. Do not send cash. Send payment 7 to 10 days Prior to Payment Due Date to ensure timely delivery. To avoid additional late andfor ovedimit fees, pay the Current Payment Due. Amount Enclosed RICH L FORTNEY Ihtiltn?it?itll?lllllirl??lirtltuni?li?uiiir??ll?urritm R 230 HERTZ RUN RD CARLISLE PA 17013-8102 TSAMSTZR PRIVILEGE CREDIT CARD PO BOX 17051 It?l??ilill???l?i??riiil?l?hilutlili?rlilllitlrlnlll?l?lrllyd BALTIMORE ND 21297-1051 548042002989836600171100018063884 VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities, that helshe 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. VALERIE DEMARAIS 07077789 5480420029898366 $18641.34 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. IR ?t R 1io ?_ Q?t1 Q W -J T+ SHERIFF'S RETURN - REGULAR CASE NO: 2009-01211 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HSBC BANK NEVADA N A VS FORTNEY JR RICH L 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 T;'(IlATATVV T?T(° J T. .7R the DEFENDANT , at 0008:32 HOURS, on the 28th day of February-, 2009 at 230 WERTZ RUN ROAD CARLISLE, PA 17013 by handing to 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 03/02/2009 WELTMAN WEINB ERG & REIS By: day Deputy Sheriff A. D. ?r t Ay CD 4 - ??,(i "'n 1 ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. RICH L FORTNEY JR Defendant No. 09-1211 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE 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#07077789 k_ - - 16 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. Civil Action No. 09-1211 CIVIL TERM RICH E-POkTWY JR Defendant PRAECIPE TO SETTLE. DISCONTINUE AND END WITHOUT PREJUDICE TO REFILE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: SIR Settle, Discontinue and End the above-captioned matter upon the records of the Court without prejudice to refile and mark the costs paid. WELTMAN, WEINBERIG & REIS CO., L.P.A. By: Attorney for 1400 Koppe 436 Seventh (412) SWORN TO AND SUBSCRIBED before me this day of. arG? .2009 oil &u N Y LIC CoMMO1ANEALM ? YLVMIIA Nmrw Sod AM. EWOM al. Nobly P 110 E . magmw 22. . 2 15219 FILED- t,),'-'Gl OF TH'E- PR if. '! V - TAR. 2009 MAY -I Fill 1.4 15% 1