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Home My WebLink About09-3471I 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff No: 0- 34/7 ejl/l / u`rn vs SUSAN M DARR 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 06313246 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 SUSAN M DARR 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: SUSAN M DARR 436 FACTORY ST CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX8320 . 4. Defendant made use of said credit card and has a current balance due of $2993.02 , as of May 06, 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 06, 2009 . A copy of Plaintiff's STATEMENT OF ACCO UNT is attached hereto, marked as Exhibit 111" and made a part hereof. i y 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 , SUSAN M DARR , INDIVIDUALLY , in the amount of $2993.02 with continuing interest thereon at the rate of 6.000 per annum from May 06, 2009 plus costs. fames c. warmbroet't, 42524 WELTMAN WEINBERG & REIS CO., L.P.A. 436 Se nth Avenue, Suite 1400 Pitts gh, PA 15219 (412) 4-7955 FAX: 2-338-7130 063 46 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. F'OSEHOLD BANK GOLD MASTERCARD STATEMENT SUSAN M DARR - Valued Cardmember ACCOUNT SUMMARY ACCOUNT 5408-0100.1539-8320 NUMBER' TOTAL CREDIT LIMIT $2,200 TOTAL CRDIT LIMIT $923 AVAILABL STATEMENT DATE 10/22108 Since 2003 PAYMENT SUMMARY MINIMUM PAYMENT' $32.00 CURRENT PAYMENT DUE' $32.00 PAYMENT DUE DATE 1 1!18/08 OVERLIMIT AMOUNT $0.00 PAST DUE AMOUNT $0.00 'See reverse side for an explanation of these amounts. Page 1 of 1 BALANCE SUMMARY PREVIOUS BALANCE $1,264.49 PAYMENTS/CREDITS - $100.00 PURCHASES/DEBRS + $92.56 FINANCE CHARGE + 19.13 NEW BALANCE _ $1,278.18 TRANSACTION SUMMARY (For additional transaction detail go to www.householdbank.com) TRANS POST TRANSACTION REFERENCE DATE A DESCRIPTION NUMBER 10113 1013 PAYMENT-THANK YOU 6540801628601ZMOOAFHPFI 09/29 09/30 GAP ONLINE 800-GAPSTYLE OH MT0627300820OW10032570 10/15 110116 GIANT FOOD STORES 0112 CARLISLE PA MT0628QM30000100OW71 10/21 110/22 ACCOUNTSECURE PLUS 800-690-1532 FINANCE CHARGE CALCULATION This is a grace account. Grace period information on back. CASH ? M 41L PAYMENTS TO: HSBC CA FD SERVICES PO BOX BALTIMORE MD 21288-0001 AMOUNT CHARGES CREDITS -$100.00 $25.39 $56.54 $10.63 Average Daily Days FINANCE CHARGE Nominal ANNUAL Daily Periodic in At Periodic Cash Advance/ Annual PERCENTAGE Balance Rate Billing Rate Transaction Fees Percentage RATE Cycle Rats $1,275.82 0.04997% 30 $19.13 $0.00 18.24% 18.240% $0.00 0.00000% 30 $0.00 $0.00 22.49% 22.490% 9 QUESTIONS? 24-HOUR CUSTOMER SERVICE 1.800-477-8000 OUTSIDE USA, COLLECT: 1-757523-3880 TDD HEARING IMPAIRED: 1-800.395-9020 IR Manage your account online at: www.householdbank.com CO MAIL INQUIRIES TO: HSBC CARD SERVICES PO BOX 81822 SALINAS CA 93912-1822 090550 ?2 0000000103 G STMT13 D 7 00005642 HPAt PLEASE WrACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Account Number On Your Check New Balance $1,276.18 Payment Due Date 11/16108 Due $32.00 Make checks payable to HSBC CARD SERVICES. Please write your account number on your check. Do not fold, staple or clip. Do not send cash. Please send your payment 7 days prior to the payment due date to ensure timely delivery. Amount Enclosed SU M DARR 436 ACTORY ST CARL SLE PA 17013-1851 IIIII?,111'IIIIIIIII'IIIIIIIII'?11'II'I'llll'IIII'II'?111'II" BS8C CARD SERVICES PO SOX 88000 BALTIMORE MD 21288-0001 '1111111'?IIIII?IIIIIII'I'llll'llnlllnlll"I11'II 4t, ?2a`° r rs;.e?a 'WARN 540801001539832000003200001276188 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. VALERIE DEMARAIS 06313246 5408010015398320 $2993.02 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 1"1ni) D ? 'hl Tr C - L ??? viva a3ir? Sheriffs Office of Cumberland County R Thomas Kline ti;,ir o? "-UJ116,y ? Edward LSchorop Sher ,7 t Ronny R Anderson Jody S Smith Chief Deputy OfFiC E ~= =-ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/30/2009 01:14 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 30, 2009 at 1314 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Susan M. Darr, by making known unto herself personally, defendant at 436 Factory Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.40 SO ANSWERS, R TH K E SHERIFF June 01, 2009 De uty Sh f 2009-3471 HSBC Bank Nevada v Susan M. Darr k; t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. SUSAN M DARK. Defendant No. 09-3471 CIVIL TERM PRAECIPE FOR. DEFAULT JUDGMENT FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#06313246 Judgment Amount $ 3,047.63 { IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CiViL DIVISION HSBC BANK NEVADA, N.R. Plaintiff vs. Civil Action No. 09-3471 CIVIL TERM SUSAN M DARR Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, SUSAN M DARK above named, in the default of an Answer, in the amount of $3,047.63 computed as follows: Amount claimed. in Complaint $2,993.02 Interest from May 06, 2009 to August 25, 2009 at the legal interest rate of 6.00% per annum $54.61 TOTAL $3,047.63 I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 on the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. By: ~ William T. Molczan, Esquire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (41.2) 434-7955 WWR#06313246 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7~' Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 436 FACTORY ST, CARLISLE, PA 17013 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. SUSAN M DARR Defendant Case no: 09-3471 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned, who first being duly sworn, according to law, deposes and states as follows: That he/she is the duly authorized agent of the Plaintiff in the within matter. Affiant further states that the within Affidavit is made pursuant to and in accordance with the Servicemembers' Civil Relief Act (SCRA), 50 U.S.C. App. § 521. Affiant further states that based upon investigation it is the affiant's belief that the Defendant, SUSAN M DARR is not in the military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the Defendant, SUSAN M DARR is not in the military service. Further Affiant sayeth naught. AFFIANT SWORN TO AND SU CRIBED in my presence this ~~day of /4 u u ~~" . ~. i w ~ ~~ N ARY P LIC r"~ ?~.~~,9(~PaV~ir_r>Ll 11 lJF P~?~7~ ?SYLVAPiIA 9Vo',aiial S°al ~',':ay~:e A- :ones, Notary P;;bfc Cay ~~f Pittsburgh, Allsgh2ny County tidy Convt,issio~i Exrires .aria 29, 2010 fJlf.~r,~~l'; e!, Per.r,sylvania Association of Notaries Request for Military Status Department of Defense Manpower Data Center ~' ' Military Status Report ~' Pursuant to the Servicemembers Civil Relief Act Page 1 of 1 AUG-19-2009 07:11:34 ''~.. Last Name First/Middle Begin Date Active Duty Status Service/Agency DARR SUSAN Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. ~. ~,-~ Mary M. Snavely-Dixon, Director Department of Defense -Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person (e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http://www.defenselink.mil/faq/pis/PC09SLDR.html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: CFEBTDOTBN https://www. dmdc.osd.mil/scra/owa/scra.prc_Select 8/19/2009 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. SUSAN M DARK Defendant TO: SUSAN M DARK 436 FACTORY ST CARLISLE, PA 17013 S C~ Date of Notice: `0 ~ 1 Case No. 09-3471 CIVIL TERM IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A NEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. !F 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. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA. 17013 (717) 249-3166 WELTMAN,,WEINBERG & REIS CO., L.P.A. By: Ma hew Urban P.A.I.D.# 90963 WELTMAN, WEINBERG &REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 6313246 N PIT L4Q i ~':~ . - f' ^ l ~11~9 ~`~~ '2 F'~i } ~ ~ u $ l~. oo P ~ A'm( ~~ 4a33WS'7 p,~ a3o~a3 N.o4tCe ~a~.~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. Civil Action No. 09-3471 CIVIL TERM SUSAN M DARK Defendant NOTICE OF JUDGMENT OR ORDER TO: ( )Plaintiff (xx) Defendant ( )Garnishee You are hereby notified that the following Order or Judgment was entered against you on 9 a O (xx) Assumpsit Judgment in the amount of $3,047.63 plus costs. ( ) Trespass Judgment in the amount of $ plus costs. ( ) If not satisfied within sixty (60) days, your motor vehicle operator's license and/or registration will be suspended by the Department of Transportation, Bureau of Traffic Safety, Harrisburg, PA. (xx) Entry of Judgment of ( ) Court Order ( ) Non-Pros ( ) Confession (xx) Default ( ) Verdict ( ) Arbitration Award Prothonotary By: PR HONOTAR PUTY) SUSAN M DARR 436 FACTORY ST CARLISLE, PA 17013 Plaintiff s address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`~' Avenue, Pittsburgh, PA 15219 1-888-434-0085