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Home My WebLink About09-1926 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff No: 0,- Vi( Term VS. COMPLAINT IN CIVIL ACTION ROBERT N MARTIN 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 07135063 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 ROBERT N MARTIN 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: ROBERT N MARTIN 105 HOGESTOWN RD MECHANICSBURG, PA 17050 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9119 4. Defendant made use of said credit card and has a current balance due of $4625.20 , as of January 13, 2009 . 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 January 13, 2009 . 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 , ROBERT N MARTIN , INDIVIDUALLY , in the amount of $4625.20 with continuing interest thereon at the rate of 6.000% per annum from January 13, 2009 plus costs. names ca-: WELTMAN, 436 Seve Pittsbu (412) FAX : 4 2 07135 62 INBERG & REIS CO., L.P.A. t Avenue, Suite 1400 PA 15219 7955 338-7130 C N Pit TSW This law firm is a debt collector attempng to collect this debt for our client and any information obtained ill be used for that purpose. GM Card Customer Center Payment Address: 1400.947.1000 HSBC CARD SERVICES P.O. BOX 80082 PO BOX 37281 Salinas, CA BALTIMORE MD 939124)082 212973281 Quick Look Ac count Summary Statement Date New Balance 10C20/Oo Aeoount number 5488 41001434 9119 Minimum Payment • 54,320.41 $187.00 Total Credit Limit Total Cash Advance Limit $0 Payment Due Date 11/14/08 Available Credit $0 $0 Ovenimit Amount Past D A $15.41 Available Cash Advance $0 ue mount $408.50 0 Days This Billing Cycle urrent Payment Due • 5598.80 Page 29 1 Oil Previous Balance Payments and Other Credits + Purchases, Cash Advances, + Finance Charges er Debits $4,177.15 $0,00 Fees an I d d Oth Oth $104.28 = New Balance $4,320.41 Average Daily Bal Daily Periodic Nominal Annual Finance Cash Advance/ Annual ance Rate Percen Rah Chance Transaction Fees Percentaee Rah Purchases $4,233.92 0.08491%(v) 30.991 $104.28 $0.00 30,980% Cash Advances $0.00 0.08491 %(v) 30.991 $0.00 $0.00 0.000% Previous Earnings Earnings Received $0.00 Now Earnings Total ® Remember, every time you make a purchase with Additional Earnings $0.00 $0 00 Anniversary Date y1 f04 your GM Card, you'll earn 5% In GM Card Earnings. . Anniversary Y-T-D Earnings S0.00 You can saw hundreds, own thousands on the Earnings Adjustments $0.00 Lifetime Earnings Redeemed 00 $0 purchase or lease of your eligible new GM vehicle Current Period Earnings $0.00 . . Choose from over 50 brands} x x x x x x -I x x x x x x x mpo x x e x x x x x x x x Irtant Information x x x x As a reminder, your APRs may immediately increase up to the Default APR if your payment is late or you exceed your credit limit as your Cardmember Agreement and Disclosure. 1007505 E 20 STMTGX 301-01 003913/PM EXCPT (Please detach and return bottom portion with payment and retain top portion for your records. Do not staple or dip your check to the form below.) HSBC ID visit aMunUm include account number on check to HSBC CARD SERVICES. Do not send cash. Send 7 10 >rtomanapeyomACrolrrtongrrc days prior to Payment Due Date to ensure time deli payment to s, nor timely wry. avoid additional late and/or overlimR fees, pay the Current Payment Due. Rises reverse for more information Amount Enclosed ROBERT N MARTIN 105 HOGESTOWN RD X11111111111'I'llr'lllil'1111111'111'lll"1111"IIIII1111111"11' o MECHANICSBURG PA 17050-3117 8 HSBC CARD SERVICES _ 1'1111'nl'I'1111h1i'11'u'4'u'llluhllllhhb'h11111111111 Po BOX 37281 BALTIMORE MD 21297-3281 0059550 0432041 5466410014349119 9 \ccount Number 5466 410101434 9111 Now Balance $4,320.41 Minimum Payment 51873 aymert Due Date 11114108 Current Payment Due $ses.sa assay X W 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, MICHELLE THOMAS, 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. AMILL LE THOMAS 07135063 5466410014349119 $4779.66 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. Au V?Y\ ? Oo LJ'3 ra ?"' C' a f_7 - TI co f . :.,3 f71 rT? IOD d ?"1 Sheriffs Office of Cumberland County Edward L Schor R Thomas Kline PP Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy "ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/30/2009 06:00 PM - Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on March 30 2009 at 1800 he urs, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wi±: Robert N. Martin, by making known unto himself personally, defendant at 105 Hogestow,j Road Mechanicsburg, Cumberland County, Penrsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 March 31, 20C9 2009-1926 HSBC BANI: NEVADA VS ROBERT N. MARTIN SO ANSWE S, R THOMAS KLINE, SHERIFF By Deputy Sheriff OF ,?' 2009 APR --2 FM 3.29 Defendant ROBERT MARTIN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COI HSBC BANK, NEVADA N.A., Plaintiff, VS. ROBERT MARTIN Defendant. Case No.: 09-1 CIVIL ACTION - LAW VANIA ANSWER AND NOW, this 4 h day of April 2009, comes the defendant ROBERT r admits, denies, and alleges as follows: 1. Defendant, ROBERT MARTIN, admits to the facts contained in paragraph , who that the plaintiff, HSBC BANK, NEVADA N.A. is a corporation with offices at 611 1 TOWN CENTER DRIVE, LAS VEGAL, NV 89193-8724. 2. Defendant, ROBERT MARTIN, admits to the facts contained in paragraph tl o, that he is an adult individual residing at 105 HOGESTOWN RD, MECHANICHSBURq PA 17050. 3. Defendant, ROBERT MARTIN, admits facts alleged in paragraph three, thaf he applied for and received a credit card bearing the account number xxxxxxxxxxxx9119. 4. Defendant, ROBERT MARTIN, admits the facts alleged in paragraph four, jhat he made use of said credit card but denies current a balance due and owing as of January ? 3, 2009 in the amount of $4,2625.20. 5. Defendant, ROBERT MARTIN, admits facts alleged in paragraph five, that a is in default by having not made monthly payments when due and as such that the entire alance is immediately due and payable to Plaintiff. 6. Defendant, ROBERT MARTIN, admits facts alleged in paragraph six, that the Plaintiff is entitled to the addition of interest at the rate of 0.00% per annum on the unpaid balance. 7. Defendant, ROBERT MARTIN, admits facts alleged in paragraph seven, th t although repeatedly requested to do so, he has willfully failed and/or refused to pay the principal balance, finance charges or any part thereof. 2 WHEREFORE, the defendant respectfully requests this honorable court tenter judgment in favor of the defendant and that Complainant take nothing by said Complaint; that Defendant recover its cost of action herein; and such other relief as the Court may deem proper. submitted, DATED: April 4, 2009 Defendant ROBERT MARTIN VERIFICATION I, Defendant, ROBERT MARTIN, verify that the facts set forth in this correct to the best of my knowledge, information, and belief DATED: q'I `--Oq are true and Defendant ROBERT MARTIN FILED-O' c OF THE R K"J HONOTARY 2009 APR {5 PM 1: 2a r C: N,'N,S ?Ck`r NlA,