HomeMy WebLinkAbout09-4584D
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff No: / yS?y CND f q`'rk'
vs
RICH P BUSLER JR
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
07385395 C N Pit KMJ
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
vs.
RICH P BUSLER JR
Defendant
Civil Action No 0?- q?-8-q c'N?I
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:
RICH P BUSLER JR
61 N 9TH ST
LEMOYNE, PA 17043
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX4726 .
4. Defendant made use of said credit card and has a current balance
due of $2462.57 , as of June 24, 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 June 24, 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 , RICH P BUSLER JR , individually , in the amount of
$2462.57 with continuing interest thereon at the rate of 6.000% per
annum from June 24, 2009 plus costs.
James C. r ro t,42524
INBERG & REIS CO., L.P.A.
WELT MYr
436 SAvenue, Suite 1400PittPA 15219
(412) 955
FAX: 8-7130
073 N Pit KMJ
This law firm is a debt collector atteffrpting to collect this debt for
our client and any information obtained will be used for that purpose.
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YOUR CONTACT INFORMATION
Please rote-Address charees may take uo to two (2) weeks to crooess. Please orirt clearly.
Address S Street harre
Act # and Other Address Irfo
City State Zio Code
F-111 1 1111111 111 m -?
Your Forre Fhc re humbei Your Busine ss Fhone Number
/area cartel (area code)
Print Err el Add ress*
,Email address is oorknal. We rtif mmmmcele adh wu vie email reoardirw vow eccornl and occeswna iv send you seacial opera rom our Memel and
exle-1 merkdna miners. ff.. -Wo-N noted out from lectlvna Met&. oroWdem cam emerl address will cancel llml election.
•AboutYour Payment:
• Y agree to pay at least the Minimum Payment in time to be
credited to your Account as of the Payment Due Date.
• If your Account is delinquent, you can avoid an additional Late
Payment Fee by paying at least the Minimum Payment Due, which
includes arty past due amount, m time to be posted as of the Payment
Due Date. You may pay more than the Minimum Payment Due-and
you may pay the entire New Balance at any time.
• Payments d. std be mailed with a single coupon to the payment
address shown on the front of this billing statement. Payments must
be made by a single check m money order payable in U. S. dollars
and drawn on, a U.S. Institution.
• Payments received at the payment address by 5:00 pm Eastern time,
on my day, will be credited to your Account as of the date of receipt;
otherwise payment will be credited as of the next day.
• Crediting payments to your Account nay be delayed up to five days
if the payment is not made w described above; is not received d the
address provided for remittance; is not accompanied by the payment
coupon; W received in an envelope other than the envelope provided
for remataurc; is stapled, folded, or paper clipped; or includes
multiple payment coupons or checks.
• If your New Balance is a credit balance, it will be applied to future
purchases or cash advances, or refunded to you at your written
request. Requests should be mailed to the inquiry address shown on
the front of your billing statement.
By sending us a check for payment on your Account, you author6e -
m to make a one time electronic funds transfer (EFF) from your
bank account or to process the payment as a check transaction.
When we use information from your check to make an EFT, funds may
be withdrawn from your account as soon as the same day we recPve
your payment, and you will not receive your check back from
financial institution If you do not want your decks to bit .-_r?tht raj
an EFT, please call customer service at the phone numf.,-x a, th- back'of
your card
Payment By Phone: When you we our optional pryx? as v pS .,e
service, you authorize na to initiate anelectromL i,m?binNer from
your desigr4ted bank account or to process carps. ,, rije a check
transaction. You mud authorize the a"mt ml i um-a ; of each payment
Please retain this authorization for c4 r, ,.1s
Ca rd Renewil:AoAnnual Feema W,h,toys-Accouta Ifyour
Annual For is billed annually, your - ? T pa, mg the foa if you call
and close your Account within * hays r bfing billed Yon may contimte
to use your Card during the i(i d.. f-3 without paying the fee. Hyom
fee is billed monthly, when y, a raP close your Account due to the
Aimed Fee charge, th u r<e gill be credited back to your
Account.
How We 6.tnAnne. tt titarges: We calculate the periodic Finance
Charge oo ?w y multiplyin g the applicable Daily Periodic
Rate by the r+:: Balance for each category of hamssetiom
shown or yar ment (e.g., purchases, balance transfers, cash
advances): the multiplied by the number of days in the
billing cycle.
Determining the Daily Balance: We take the beginning balance for
each category of treasactiona each day, add any new, transactions, my
previous day's periodic Finance Charges, any assessed fees and charges,
and subtract any payments and/or credits. If a transaction posts after the
beginning of the billing cycle, the applicable Daily Balance and my
related Finance Charge calculations will be adjusted retroactively to
include the transaction amount as of the day it was Footed
Calculating the Average Dally Balance: Foreach transaction category,
we add all the Daily Balances for the billing cycle together and divide
the total by the number of days in the billing cycle. If the balance for any
day is less than, zem, we treat it as - This is the Average Daily
Balance (including new purchases) method
Grace Periods: For credit card purchases, pmodic Finance Charges
begin to armuc on the date of the transaction and continue to accrue
moil payment in full is credited to your Account However, you have a
Orate Period of at least 20 days from the statement date if no periodic
Finance Charge was billed to the Accord in the current billing period;
otherwise the Payment Due Date will be 25 days from the statement
date. That means, ifyou paid the New Balane, shown on your last
billing statement by the Payment Due Date ! x it at billing statement,
you have until the Payment Due Date for yr. ?t ,vtreot billing cycle to
pay your New Balance in full to avoid " ^ifim of periodic Finance
Charges on new credit card purchaseaBPe,iaitt3 manse Charges that
accrue niter the statement date nn the next billing statement.
Tire re m Cmace Period f c ;: niod balanae transfers,
including cred'd card checks. >ar, periodic Finance Charges
begin to accrue on the data.+ri r r+erl??chon and continue to accrue
until payment in full is ucd e? y our Aceoun[.
Daily Periodic Rat aj'rarceatage Rate: The Annual Percentage
Rates on your bitliug statxwat reflect the annualized equivalent of the
Daily Periodic xr,-tuXy applied during a particular billing cycle.
7Le Am((p:,l T^" ?,,t Kates may differ from the Nominal Annual
P P"' lb we of the inclusion of any Finance Charge other
Kllc?,?
Charge. Yom Annual Pe
rcentage Rates and
, tes may varyiunce Charge: A Minimum FINANCE CHARGE of
charged in each billing cycle in which periodic Finance
h?rg, $s are payable.
B+Bing Rights Summary: In case of errors or questions about your
bi Bing statement: H you think your billing statement is wrong, or if you
reed more information about a transaction on your billing statement,
write us as scour as possible, on a separate sheet of parer, at Cardrnember
Service Center, PO. Box 5251, Carol Stream, IL 60197-9642. We most
hear from you no later than 60 days after we sew you the first billing
statement on which the error or problem appeared. Y can telephone us,
but doing so will cam preserve your rights. In your letter, please include the
following information:
• Yom name and account number.
The dollar amount of the suspected error.
• A description of the arror. Explain, if you can, why you believe there
tr an era and my steps you have taken to resolve the error.
You do not have to pay my amount in question while we are
investigating, but you are obligated to pay the parts of your bill that are
not in question While we investigate your question, we cannot report
you as delinquent or take any action to collect the amount you question.
Special Rule for Credit Card Purchases: If you have a problem with
the quality of good or services that you purchased with a credit cad,
and you have tried in good faith to correct the problem with the
merehaw, you may not have to pay the remaining amount due on the
goods or services. This protection applies only when the purchase price
was more than $50 and the purchase was made in your home state or
within 100 miles of your mailing address. If we, own or operate the
orchard or if we. mailed you the advertisement for the property or
services, all purchases are covered regardless of amount or location of
purchase.
Debt Collection: We are required by law, wwhen applicable, to notify
you that we are attempting to collect a debt, and any information
obtained will be used for that purpose.
Negative Credit Bureau Reporting: We may report information
about your Amount to credit bureaus. Late payments, missed
payments, or other defaults on your Account may be reflected in
your credal report.
Or BN5994 - I I - 02111/2008
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PON- YO FINANCE CHARGES
aye is
:... tiAI, e:E
'?GE5 AN"NUAL
PLMI ENTAGE RATE KM w=NUAL
' 'FUN d? bgi'L
9
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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, 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.
I-YAL" ?t-Y444*)o
VALERIE DEMARAIS
07385395
4730680129254726
$2462.57
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
9)
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?b d ?-Ny
Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
of clunhe",
OFFICE -HE SHERIFF
OTARY
ZG?04,??E i 5 ?s? ICS O l
Edward L Schorpp
Solicitor
HSBC Bank Nevada, N.A. Case Number
vs.
Rich P. Busler, Jr. 2009-4584
SHERIFF'S RETURN OF SERVICE
07/14/2009 03:43 PM - Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on Jul}
14, 2009 at 1543 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Rich P. Busler, Jr., by making known unto himself personally, defendant at 6 N. 9th
Street Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to
him personally the said true and correct copy of the same.
SHERIFF COST: $42.40
July 15, 2009
SO ANSWERS,
R:
OMAS KLINE, HERIFF
Ale4i
Deputy Sheriff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
vs.
RICH P BUSLER JR
Defendant
No. 09-4584 CIVIL
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 Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#7385395
Judgment Amount $ 2515.59
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
VS.
RICH P BUSLER JR
Defendant
TO THE PROTHONOTARY:
Civil Action No. 09-4584 CIVIL
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendant, RICH P BUSLER JR above named, in the default of an
Answer, in the amount of $2515.59 computed as follows:
Amount claimed in Complaint
$2462.57
Interest from JUNE 24, 2009 TO NOVEMBER 2, 2009
at the legal interest rate of 6.000% per annum $53.02
TOTAL
$2515.59
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: mil/ ?/?
WILLIAM T. MOLL (/N, ESQUIRE
PA I.D.#47437
Weltman, Weinberg & Reis Co., L.P.A.
1400 Koppers Bldg.
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#7385395
Plaintiff's address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219
And that the last known address of the Defendant is: 61 N 9TH ST, LEMOYNE,PA 17043
Request for Military Status
Department of Defense Manpower Data Center
Military Status Report
Pursuant to the Service Members Civil Relief Act
,age 1 o'2
Nov-02-2009 05:27:`)2
Last Service
Name First/Middle Begin Date Active Duty Status Active Duty End Date Agency
BUSLER RICH Based on the information you have furnished, the DMDC does not possess
any information indicating the individual status.
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 Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and Coast
Guard).
4A4-
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 DoD strongly supports the enforcement of the Service Members Civil Relief Act (50 USC App. §§
501 et seq, as amended) (SCRA) (formerly known as 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 status by contacting that person's Service via the
"defenselink.mil" URL bitp://www.defenselink.mil/fU/yis/PC09SLDR.html. If you have evidence the
person is on active duty and you fail to obtain this additional Service verification, punitive provisions of
the SCRA may be invoked against you. See 50 USC App. §521(c).
If you obtain additional 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 active duty status including date the individual was last on active duty, if it was
within the preceding 367 days. For historical information, please contact the Service SCRA points-of-
contact.
https://www.dmdc.osd.mil/appj/scra/popreport.do 11/2/2009
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
vs.
RICH P BUSLER JR
Defendant
TO:
RICH P BUSLER JR
61 N 9TH ST
LEMOYNE, PA 17043 (?
0 t
Date of Notice: 011 L-P
Case No. 09-4584 CIVIL
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 HEARING 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.
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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA. 17013
(717) 249-3166
WELTMAtieVEIN BERG & REIS CO., L.P.A.
By: / -..
Matthew Urban
P.A.1.D.# 90963
WELTMAN, WEINBERG & REIS CO., L.P.A.
436 Seventh Avenue, 1400 Koppers Building
Pittsburgh, PA 15219
Phone: (412) 434-7955
7385395 N PIT L4Q
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Case no: 09-4584 CIVIL
Plaintiff
vs.
RICH P BUSLER JR
Defendant
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, RICH P
BUSLER JR 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, RICH P BUSLER JR is not in the military service.
Further Affiant sayeth naught.
LJ/
AFFIANT
SWORN TO AND SUBSCRIBED in my presence this 2 day
Wayne!", City of F' i ?b-orqt Alle ;
My comma :on F x i F w r
Member, Nennsy?v a .:`?a ..... rta=
to<.
23i f:0v EG " E 2
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
VS. Civil Action No. 09-4584 CIVIL
RICH P BUSLER JR
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 it 19
(xx) Assumpsit Judgment in the amount
of $2515.59 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:
OTHONOTA EPUTY)
RICH P BUSLER JR
61 N 9TH ST
LEMOYNE,PA 17043
Plaintiffs address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7 h Avenue, Pittsburgh, PA 15219
1-888-434-0085