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HomeMy WebLinkAbout09-3734 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff No: CA- 3'73 ?vtl {e. VS. COMPLAINT IN CIVIL ACTION CHAD D SEIBER 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: 412-33$-7130 06310669 C N Pit KMJ • IN THE COURT OF COMMON PLEASCIVILUD ER ON COUNTY, PENNSYLVANIA HSBC BANK NEVADA, N.A Plaintiff VS. CHAD D SEIBER Defendant Civil Action No 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: CHAD D SEIBER 5225 WERTZVILLE RD ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9791 . 4. Defendant made use of said credit card and has a current balance due of $4273.95 , as of May 14, 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 14, 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 , CHAD D SEIBER , individually , in the amount of $4273.95 with continuing interest thereon at the rate of 6.000% per annum from May 14, 2009 plus costs. James Wa ro t,42524 WELT WEINBERG & REIS CO., L.P.A. 436 v th Avenue, Suite 1400 Pitt bu gh, PA 15219 (412 4 4-7955 FAX 4 2-338-7130 063 0 69 C N Pit KMJ This law firm is a debt collector attenVing to collect this debt for our client and any information obtained will be used for that purpose. H.ATINUM MASTERCARD STATEMENT CHAD D SEIBER ACCOUNT SUMMARY ACCOUNT 5491-0700.1372-9791 NUMBER TOTAL CREDIT LIMIT $3,500 TOTAL CREDIT LIMIT $0 AVAILABLE CASH CREDIT LIMIT t $1,400 CASH LIMIT AVAILABLE $0 STATEMENT DATE 10104108 Page 1 of 1 BALANCE SUMMARY PREVIOUS BALANCE $3.802.16 PAYMENTSICREDITS $400.00 PURCHASESIDEBITS + $77.98 FINANCE CHARGE + 79.07 NEW BALANCE _ $3,359.21 Limit is a pomon or me i o®i %,roan umn TRANSACTION SUMMARY (For additional transaction detail go to www.hsbecreditcard.com) TRANS POST TRANSACTION REFERENCE NUMBER DATE DATE DESCRIPTION 09114 09114 CHECK BY PHONE PAYMENT 00000000000091420184442 09/05 09105 OVERLIMIT CHARGE ASSESSMENT 1 31350 09114 08/14 CHECK BY PHONE FEE (ACH) 00000000000091420184443 10104 10/04 ACCOUNTSECURE PLUS 800-890-1532 AMOUNT CHARGES CREDITS -$400.00 $35.00 $15.00 $27.96 FINANCE CHARGE CALCULATION This is a grace account. Grace period information on back. NOMINAL Balance Subject Daily Days Finance Charges ANNUAL To Finance Charge Periodic in Billing At Periodic PERCENTAGE Average Daily Balance Rate Cycle Rate RATE PURCHASES $3,406.67 0.07737% 30 30 $79.07 00 $0 28.24% 28.24% CASH ADVANCES $0.00 0.00000% . ANNUAL PERCENTAGE RATE" 25.240% "May be higher then Nominal Percentage Rate if statement includes misc. finance charges. w' MAIL PAYMENTS TO: HSBC CARD SERVICES PO BOX 88000 BALTIMORE MD 21288-0001 PAYMENT SUMMARY MINIMUM PAYMENT' $113.00 CURRENT PAYMENT DUE' $113.00 PAYMENT DUE DATE 10127M OVERLIMIT AMOUNT $0.00 PAST DUE AMOUNT $0.00 2 QUESTIONS? 24-HOUR CUSTOMER SERVICE 1-800-462-2018 OUTSIDE USA, COLLECT: 1-757-523-3880 MD HEARING IMPAIRED: 1400-395-9020 2 Manage your account online at: h bcc editcard com ® MAIL INQUIRIES TO: HSBC CARD SERVICES PO BOX 81622 SALINAS CA 93912-1622 WWW. S f HMP1 080750E 04 0000000300 G STMT38 D G 00004147 PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Account Number On Your Check HSBC ID Jew Balance $3,359.21 Payment Due Date 10/27108 Current Payment Due $113.0( 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 CHAD D SEIBER 5225 NERTZVILLE RD ENOLA PA 17025-1260 I111111 111 11111111 11 1 1 1 11 111111 11 11 11 1111 11 11111111 lslslslnl HSBC CARD SERVICES PO BOX 88000 BALTIMORE MD 21288-0001 Irrlrlrrrll?rirll??l?lr?irli??rllrrrllrrrrrrlllIilsl aaaai @mow 549107001372979100011300003359212 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, CHARLES SHUMAN, employee, of HSBC BANK NEVADA, N.A., plaintiff herein, that he/she is dilly'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. CHARLES SHUMAN 06310669 5491070013729791 $4273.95 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 0 OF TF' ? C, OTC 2899 JUN -5 PH 3: o2 CUMB=`?. 1t` N JUtVry + Y t`J' i.l?r'?'1V? *79-5o Pb ATN V* 'Patast Sheriff s Office of Cumberland County R Thomas Kline ~Q~tit~ ~t ~~tbabrrf,~ ~ Edward L Schorpp Sheriff ~ Solicitor C~., ~a~~~m Ronn R Anderson e~~~~. y Jody S Smith Chief Deputy ~~e~ of rrr~ &r~~R~€~= Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/10/2009 07:56 PM -Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, stakes that on June 10, 2009 at 1953 hours, she served a true copy of the within Complaint and Notice, upon the within namec defendant, to wit: Chad D. Seiber, by making known unto Melissa Seiber, wife of defenda~ at 5225 Wentzville Road Enola, Cumberland County, Pennsylvania 17025 its contents and at the me time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 SO ANSWr! ~ER~~S~Y ~~~~~I~I~I ~~~~~~ ^!3 '~"" i June 11, 2009 R THOMAS KLINE, SHERIFF De ty heri f 2009-3734 HSI3C Bank Nevada v Chad D. Seiber c N o -„ J , -~ ' -- _ -' i" ~'' ~ _ -'r f ~'_ ' N fJ '~~~ ~ ~~ ---a G~ tt? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-3734 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK NEVADA, N.A., Plaintiff (s) From CHAD D. SEIBER, P.O. Box 70, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: AMERICHOICE FCU, 20 SPORTING GREEN DRIVE, MECHANICSBURG, PA 17050 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $4,332.97 Interest $458.70 Atty's Comm % Atty Paid $161.00 Plaintiff Paid Date: 6/17/11 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs DaO.uu ,Prothon tar y By: REQUESTING PARTY: Name MATTHEW D. URBAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Deputy Supreme Court ID No. 90963 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff ?y 1_.....,, vs. Civil Action No. 09-3734 CIVIL TE CHAD D SEIBER 'PC) -OM Defendant(s) -<> o , n AMERICHOICE FCU • ap fi Dr. rV(eZk' P14 1-70S6 y? > ? o? Garnishee(s) 3 C SA © orn PRAECIPE FOR Z WRIT OF EXECUTION -+ - D --< co TO THE PROTHONOTARY: Kindly issue a Writ of Execution in the above matter... 1. directed to the Sheriff of CUMBERLAND County: 2. against CHAD D SEIBER , Defendant 3. against AMERICHOICE FCU,, , Garnishee 4. Judgment Amount $ $4,332.97 Less Payments/credits received $ $0.00 Interest $ $458.70 Costs $ SUBTOTAL: $ $4,791.67 Costs (to be added by Prothonotary): $ annk S a Q Sp pA a.1? q/, sv c8F ??a?ol?SS WELTMAN, WEINBERG & REIS CO., L.P.A. By: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6310669 AUK ?? .?ss?-eE1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A Plaintiff vs. CHAD D SEIBER Defendant(s) AMERICHOICE FCU Garnishee(s) No. 09-3734 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION (BANK ATTACHMENT ONLY) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Matthew D. Urban, Esquire PA I.D. #90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR No. 6310669 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff i-if `D-0F ;.tie' =:Jl} ? t s r Jody S Smith Chief Deputy Richard W Stewart Solicitor HSBC Bank USA, N.A. vs. Chad D. Seiber 2' 11 4I;1 2 7 P. H P 1 C UM6Ef'LAN6 IL'Jir ,i PENNq? `t`LVF, N1P`, Case Number 2009-3734 SHERIFF'S RETURN OF SERVICE 06/22/2011 01:58 PM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Americhoice FCU at 2175 BUMBLE BEE HOLLOW ROAD, UPPER ALLEN TWP, Mechanicsburg, PA 17050, Cumberland County, by handing to JANE PENSYL, ADMIN ASSISTANT, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on June 23, 2011 to Chad D. Seiber at P.O. Box 70, Mechanicsburg, Pennsylvania, 17055. SHERIFF COST: $176.16 June 23, 2011 SO ANSWERS, RON R NDERSON, SHERIFF Wi liam Cline, Deputy Sheriff ;cj COuil`ysulle Sherff, (elecsuf, Inc. WELTMAN, WEINBERG & REIS CO., L.P.A. BY: James C Warmbrodt, Esquire I.D. No.42524 436 Seventh A',,enue, Suite 1400 Pittsburgh, 1--A 15219 Phone: 412.-,34.7955 Fax: 412.43 1.7959 File # 631069 HSBC BANK NEVADA, N.A VS. CHAD D SE IBER and AMERICHOiCE FCU Garnishee(s) Attorney for Plaintiff(s) Cumberland County Court of Common Pleas NO. 09-3734 CIVIL TERM PJ, AECIPE TO DISCONTINUE ATTACHMENT EXECUTION TO THE PR')THONOTARY: MCC rn r- M - es M ?> - C= ?--= -t C:) T'C) M =° - -C G' Kindly marked the above matter discontinued and ended as to Garnishee(s), AMERICHOICE FCU, only. WELTMAN, WEINBERG & REIS CO., L.P.A. By Sworn to and -,,,bscribed Before me the i da>of July, 2011 NO,7ARY lroQ " ;IC COMMONWEALTH OF PENNSYLVANIA Notarial seal Wayne A. Zones, Nbter/ PubllC City of Pittsburgh, Alitgheny County My Commission Wires June 29, 2014 Mamber. Pennsvlyanls Associetion of RokaNes and IL 4,cw fd o CU: S0149(4 4 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-3734 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HSBC BANK NEVADA, N.A., Plaintiff (s) From CHAD D. SEIBER, P.O. Box 70, Mechanicsburg, PA 17055 (1) You are directed to levy upon the property of the defendant (s)and to sell (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: AMERICHOICE FCU, 20 SPORTING GREEN DRIVE, MECHANICSBURG, PA 17050 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $4,332.97 Interest $458.70 Atty's Comm % Atty Paid $161.00 Plaintiff Paid Date: 6/17/11 L. L. $.50 Due Prothy $2,00 Other Costs i David rothon ary (Seal) By: Deputy REQUESTING PARTY: Name MATTHEW D. URBAN, ESQUIRE Address: WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said C urt at Carlisle, Pa. This day of _kyk-e-.._, ,20 _r11 Prothonotary Telephone: 412-434-7955 Supreme Court ID No. 90963 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY ??4tr?;?, at c`ararabrrfi??? i p JAN 25 AM 9' k PEHNS`i'L \W't!IA HSBC Bank USA, N.A. Case Number vs. Chad D. Seiber 2009-3734 SHERIFF'S RETURN OF SERVICE 06/22/2011 01:58 PM - William Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Americhoice FCU at 2175 BUMBLE BEE HOLLOW ROAD, UPPER ALLEN TWP, Mechanicsburg, PA 17050, Cumberland County, by handing to JANE PENSYL, ADMIN ASSISTANT, personally three true and attested copies of the Writ of Execution and made the contents there of known to her. The writ of execution and notice to defendant was mailed on June 23, 2011 to Chad D. Seiber at P.O. Box 70, Mechanicsburg, Pennsylvania, 17055. 01/23/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $92.19 SO ANSWERS, Z??Zx? 23, 2012 RON R ANDERSON, SHERIFF C n SI 3 76 X33'