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Home My WebLink About09-1927IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff No: - ?Qa7 0,- vs. COMPLAINT IN CIVIL ACTION DENTON R BODENSCHATZ JR 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 07135025 C N Pit TSW 04 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff VS. Civil Action No DENTON R BODENSCHATZ 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 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: DENTON R BODENSCHATZ JR 4 H HILLTOP DR CARLISLE, PA 17015 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7992 . 4. Defendant made use of said credit card and has a current balance due of $4655.46 , as of January 13, 2009 . 5. Defendant is in default by failing to make monthly payments when due. As such, the entire balance is immediately due and payable to Plaintiff. 6. Plaintiff is entitled to the addition of interest at the rate of 6.000$ per annum on the unpaid balance from January 13, 2009 . A copy of Plaintiffs STATEMENT is attached hereto, marked as Exhibit 11111 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 , DENTON R BODENSCHATZ JR , INDIVIDUALLY , in the amount of $4655.46 with continuing interest thereon at the rate of 6.0001 per annum from January 13, 2009 plus costs. Dames C Wa ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 Se a th Avenue, Suite 1400 Pitts ur h, PA 15219 (412) 43 -7955 FAX: 41 -338-7130 071 0 5 C N Pit TSW This law firm is a debt collector atte ing to collect this debt for our client and any information obtaine will be used for that purpose. TEAMSTER PRIVILEGE MASTERCARD DENTON R BODENSCHATZ JR ACCOUNT SUMMARY ACCOUNT 5480-4200.2991-7992 NUMBER TOTAL CREDIT LIMIT $4,000 TOTAL CREDIT LIMIT $0I AVAILABLE STATEMENT DATE 1O/2M61 PAYMENT SUMMARY MINIMUM PAYMENT' 5190.00 PAYMENT DUE DATE 11118/08 OVERUMIT AMOUNT $313.05 PAST DUE AMOUNT $282,00 CURRENT PAYMENT DUE' $472. oii 7o avoid additional late andb overl/m/t lees, you must pay the Carew Payment Due (which includes the Minimum Payment and any Peat Due and/or Ovsrkmit Amounts). 'See About Your Payment on reverse for an ht ?. m: Z vd Page 1 of 1 BALANCE SUMMARY PREVIOUS BALANCE $4,130.45 PAYMENTS/CREORS - $0.00 PURCHASES/DEBITS + $113.93 FINANCE CHARGE + 68,67 NEW BALANCE _ $4,313.05 TRANSACTION SUMMARY (For additional transaction detail go to www.teamstercard.com) TRANS POST DATE DATE TRANSACTION REFERENCE J2fffi9RIPTI0N AMOU NT NUMBER CHARGES CREDITS 10/17 10/17 LATE CHARGE ASSESSMENT 10000030000000999923070 10117 10/17 OVERUMIT CHARGE ASSESSMENT 100000300000009 M 23060 $39 '00 10/22 10/22 10/22 10/22 ACCOUNTSECURE PLUS 1100.890.1532 ACCOUNTSECURE PLUS 8W4IM1532 39.00 $39.00 $ 535.93 FINANCE CHARGE CALCULATION This is a grace account Grace period information on back. Average Daily Days FINANCE CHARGE Dail P d i Nominal ANNUAL y er o ic in At Periodic Cash Advance/ Balance Rate Billing Rate Transaction Fees Annual PERCENTAGE Cycle percentage RATE PURCHASES CASH ADVANCES $4,179.04 0.05477%(v) 30 $88.67 $0.00 19.99%Raft (v) 19 990% $0.00 0.05751%(v) 30 50.00 $0.00 20.99%(v) . 20 99096 (v) indicates variable rate . -' MAIL PAYMENTS TO: QUESTIONS? TEAMSTER PRIVILEGE CREDIT CARD ® MAIL INQUIRIES TO: BOX 17051 24-HOUR CUSTOMER SERVICE TEAMSTER PRIVILEGE CREDIT CARD BALTIMORE MD 1488-803-x/278 BA 21287-1051 PO BOX 80027 OUTSIDE USA, COLLECT: 1-702-243-1575 SAUNAS CA 93912-0027 TOO HEARING IMPAIRED: 1400.855-9392 2 Manage your account online at: www.teamstercard.com 0101035 A 22 0000003000 G STMT45 D L IBTROOAZXXXXMEMSXXXX 00001087 TMA1 PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please W it Y r e our Account Number On Your Check Account Number 5480.4200_2991-7992 New Balance $4,313.05 Minimum Payment $190.00 nt Due Date 11/18/08 Current Payment Due $472.00 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 (ate and/or overlimit fees, pay the Current Payment Due. Amount Enclosed DENTON R P DE?TSCHATZ ,7R 4H HILLTOP 'III'I'll"II'llllllllllllllllllllllllll'11111"111111"Illlhlrl LTOP DR 8 4H HIL 8 CARLISLE PA 17015-7847 TEAMSTER PRIVILEGE CREDIT CARD Inn rill Ir nn II rlrl (r 1 Ir n Inn) I II BA PO BOX LTIMORE 05MD 22297-1051 III 1 1 III I I ul I II I l n I hhl 1 If- 01011sa cc easrs? X W 548042002491799200047200004313053 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, 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. MIC ' THOMAS 07135025 5480420029917992 $4774.31 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. '9- Yl? 1/lli ?Jv'L 00 (31 moo cp Sheriffs Office of Cumberland County R Thomas Kline x aMti?r of iclut,6Pr?ai Edward L Schorpp r Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy ; rE ,?ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 03/30/2009 08:55 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2009 at 2055 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Denton R. Bodenschatz, Jr., by making known unto himself personally, defendant at 4 H Hilltop Drive Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing him personally the said true and correct copy of the same. SHERIFF COST: $33.40 SO ANSWERS, March 31, 2009 R THOMAS KLINE, SHERIFF 2009-1927 HSBC BANK NEVADA VS By 4 eputy Sheriff DENTON R. BODENSCHATZ, JR. FUi}-{F1CE OF THE P# '(ROTARY 2,009 APR -2 PM 3: 30 ID Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 Attorney for Defendant HSBC BANK NEVADA, N.A. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 09-1927 - CIVIL TERM DENTON R. BODENSCHATZ, JR: Defendant ANSWER AND NOW, comes the Defendant, Denton R. Bodenschatz, by and through his attorneys, THE LAW OFFICE OF DARRELL C. DETHLEFS, by Michael J. Pykosh, Esquire, who responds to Plaintiffs Complaint as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in Part, Denied in Part. It is admitted that defendant made use of said credit card. After reasonable investigation, Defendant is without sufficient information to form a belief as to the truth or veracity of whether the credit card has a current balance of $4,655.46 as of January 13, 2006; therefore, the same is denied. Proof is demanded at the time of trial. 5. Denied. The averments as set forth in Paragraph 5 constitutes a conclusion of law to which no response is required. 6. Denied. The averments as set forth in Paragraph 6 constitutes a conclusion of law to which no response is required. 7. Denied. The averments as set forth in Paragraph 7 constitutes a conclusion of law to which no response is required. If a response is deemed judicially required, Defendant denies the allegation as set forth in Paragraph 7. WHEREFORE, the Defendant, Denton R. Bodenschatz, Jr., pleads for judgment in his favor and against Plaintiff, HSBC Bank Nevada, N.A. The Defendant requests that the complaint in this matter be dismissed. Respectfully Submitted, F.. ?f Dated: a _ By: ' Michael J. Pykosh, Esquire VERIFICATION I, Denton R. Bodenschatz, Jr., hereby verify that the statements of fact made in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. _ Date: J? a O a . 1 Michael J. Pykosh, Esquire ID # 58851 The Law Office of Darrell C. Dethlefs 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone - (717) 975-9446 Fax - (717) 975-2309 mnvkosh(t?dcdlaw.net Attorney for Defendant HSBC BANK NEVADA, N.A. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. No: 09-1927 - CIVIL TERM DENTON R. BODENSCHATZ JR: Defendant CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing ANSWER, was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: HSBC Bank Nevada, N.A. c/o James C. Warmbrodt, esquire Weltman, Weinberg, & Reis Co., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Respectfully Submitted, Dated:-"!?:By: OgL?"? I is ael J. Pykosh, Esquire FILED- -7 ?L: f! 2 i d m. v v