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Home My WebLink About09-3468ff?I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff VS. JULIA M NEGLEY Defendant No: dvl- -341 al1lt / ;c1f-M COMPLAINT IN CIVIL ACTION 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 07225917 C N Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff VS. Civil Action No JULIA M NEGLEY 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: JULIA M NEGLEY 2017 VALLEY ST ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5601 . 4. Defendant made use of said credit card and has a current balance due of $2225.75 , as of May 05, 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 May 05, 2009 . A copy of Plaintiff's STATEMENT OF ACCO UNT 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 , JULIA M NEGLEY , INDIVIDUALLY , in the amount of $2225.75 with continuing interest thereon at the rate of 6.000% per annum from May 05, 2009 plus costs. James W ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 e enth Avenue, Suite 1400 Pit rgh, PA 15219 (4 ) 434-7955 F 412-338-7130 0 5917 C N Pit KMJ This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. PWjiaMBaN1C JULIA M NEGLEY - Valued Cardmember Since 2003 ACCOUNT SUMMARY ACCOUNT 5440-4550-3835-5801 NUMBER CASH CREDIT LIMIT t $1,500 CASH LIMIT AVAILABLE $28 TOTAL CREDIT LIMIT $1,500 TOTAL CREDIT LIMIT $28 AVAILABLE STATEMENT DATE 0310=8 PAYMENT SUMMARY MINIMUM PAYMENT' $42.00 PAYMENT DUE DATE 0410301 CURRENT PAYMENT DUE' $42.00 " See About Your Payment on reverse for an explanation of these amounts. t Cash Credit Limit is a portion of the Total Credit Limit Page 1 of 1 jl? Ocol BALANCE SUMMARY PREVIOUS BALANCE $1,497.39 PAYMENT&CREDITS $50.00 PURCHASESIDEBITS + $0.00 LATE PAYMENT CHARGE + $0.00 MISC. FINANCE CHARGE + $0.00 FINANCE CHARGE + 2$3.80 NEW BALANCE _ $1,471.19 TRANSACTION SUMMARY (For additional transaction detail go to www.orehardbank.oom) TRANS POST TRANSACTION REFERENCE AMOUNT DATE DATE DESCRIPTION NUMBER CHARGES CREDITS 02M 02/25 PAYMENT - THANK YOU 6544045W5801716VC8825S -$50.00 PERIODIC FINANCE CHARGE SUMMARY This is a grace account. Grace period information on back. Balance Subject Daily Days Finance Charges NOMINAL ANNUAL To Finance Charge Periodic in Billing At Periodic PERCENTAGE Average Daily Balance Rate Cycle Rata RATE PURCHASES $349.83 0.05728% 28 $5.61 20.90% BALANCE TRANSFER $726.98 0.05726% 28 $11.88 20.90% BALANCE TRANSFER $407.12 0.05726% 28 $6.53 20.90% CASH ADVANCES $0.00 0.00000% 28 $0.00 22.90% ANNUAL PERCENTAGE RATE** 20.900% "May be higher then Nominal Percentage Rated statement includes misc. finance charges. ? MAIL PAYMENTS TO: ! QUESTIONS? ® MAIL INQUIRIES TO: HSBC CARD SERVICES 24-HOUR AUTOMATED ACCOUNT INFORMATION HSBC CARD SERVICES PO BOX 17051 ENGLISH 1-503.293-4037 PO BOX 80084 BALTIMORE MD 21297-1051 ESPANOL 1-503-293-4834 SALINAS CA 93912-0084 2 Manage your account online at: www.orchardbank.com ODS1 1102015 09 0000000508 G STMT07 D D 00058980 PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Account Number On Your Check Account Number 5440455041835-5601 Payment Due Date 041030 New Balance $1,471.19 Current Payment Due $42.64 nclude account number on check to not send cash. Send paymef 7 to 10 days prior to the Payment Due Date to ensure timely delivery. Amount Enclosed #BWNHYTS #32103=3tlili03# JULIA M NEGLEY 2017 VALLEY ST ENOLA PA 17025-1432 444444111"fIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII111 BSBC CARD SERVICES PO BOX 17051 BALTIMORE MD 21297-1051 IIIIIIIII'IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII II X ssssslt MINIMUM 544045503835560100004200001471193 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. vlj? "Mw VALERIE DEMARAIS 07225917 5440455038355601 $2276.66 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. tr # ?'# o J? ?tl4f Sheriffs Office of Cumberland County R Thomas Kline-*Ot, at cirm6?x1??0 Edward L Schorpp Sheriff` Solicitor Ronny R Anderson Jody S Smith Chief Deputy orr'cE 1 S"EERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/02/2009 06:22 PM - Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 2, 2009 at 1822 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Julia M. Negley, by making known unto Julia M. Negley at 2017 Valley Street, Enola, Cumberland County, Pennsylvania, 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 June 04, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF puty Sheriff 2009-3468 HSBC Bank Nevada v Julia Negley C t p q f r C- cry t. t N j ' ` t t r C.t1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Julia M Negley 2017 valley Ra Enola, PA 17025 In propria persona IN THE COMMON PLEAS COURT OF THE STATE OF PENNSYLVANIA IN AND FOR THE COUNTY OF CUMBERLAND HSBC BANK NEVADA, N.A. I Case Number # 09-3468 Plaintiff, vs. JULIA M NEGLEY, Defendant. Response to Plaintiffs' Complaint Now comes, JULIA M NEGLEY, acting in propria persona does hereby answer Plaintiffs Complaint, admits, denies and alleges as follows: 1. Defendant is without knowledge or information sufficient to form a belief as to the allegation contained in paragraph 1 of Plaintiffs Complaint. 2. Defendant admits the allegation contained in paragraph 2 of Plaintiffs Complaint. 3. Defendant admits the allegation contained in paragraph 3 of Plaintiffs Complaint. 4. Defendant is without knowledge or information sufficient to form a belief as to the allegation contained in paragraph 4 of Plaintiffs Complaint. 5. Defendant is without knowledge or information sufficient to form a belief as to the allegation contained in paragraph 5 of Plaintiffs Complaint. 6. Defendant is without knowledge or information sufficient to form a belief as to the allegation contained in paragraph 6 of Plaintiffs Complaint. 7. Defendant is without knowledge or information sufficient to form a belief as to the allegation contained in paragraph 7 of Plaintiffs Complaint. Alleged balance due is unsupported and excessive, and therefore in dispute. Defendant requires 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 documentation in the form of a validation of debt supporting the alleged amount due. Wherefore, Defendant having fully answered Plaintiffs Complaint respectfully requests that Plaintiffs Complaint be dismissed. DATED THIS 18th day of June, 2009. By: In Propria Persona Original of the foregoing delivered this 18~' day of June, 2009 to: 1 Courthouse Square Carlisle, PA 17013 COPY of the foregoing delivered this 18th day of June, 2009 to: Weltman, Weinberg & Reis Co., L.P.A. James C. Warmbrodt 22 { { 2 June 18, 2009 Julia M Neg/ey 2017 Valley Rd, Eno/a PA 17025 Waltman, Weinberg 8 Reis Co., LPA 436 Seventh Ave, Suite 1400, Pittsburgh, PA 15219 Re: Acxt #5440455038355601 pear Collector: This letter is being sent to you in response to a notice sent to me on June 2, 2009. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692(8) that your claim is disputed and validation is requested. This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named title and section. 1 respectfully request that your offices provide me with competent evidence that 1 have any legal obligation to pay you. Please provide me with the following: a simple accounting of the debt (a statement from the creditor including a breakdown of purchaseslbaiance transfers, interest and fees; the date of the purchases/services provided and the dates on which the debt was incurred), the name and address of the original creditor, and the original account number. Also, please show me that you are licensed to collect in my state and provide me with your license numbers and your Registered Agent. Your anticipated cooperation in this regard is greatly appreciated. Best Regards, ~~:u~.Q.~.,ct-~ Julia M Neg/ey ~~r c i,~r~,~~' ,.~,T"RY 2U~7 .ii~i`4 ~ ~ t ~t .}' G.t~ GV"J :~r.i~~ r k , , ~ , u- ~~'.~~,.