HomeMy WebLinkAbout09-6199
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA!
CIVIL DIVISION
HSBC BANK NEVADA, N.A. AS
Plaintiff No: OQ - (0199 ?V?l Ters,
Vs
COMPLAINT IN CIVIL ACTION
STEPHEN L BISHOP
Defendant FILED ON BEHALF OF
Plaintiff
COUNSEL OF RECORD OF
THIS PARTY
James C. Warmbrodt,42524 j
WELTMAN, WEINBERG & REIS CO.,11 P.A.
436 Seventh Avenue, Suite 1406
Pittsburgh, PA 15219
(412) 434-7955
FAX: 412-338-7130
06429650 C N Pit KMJ
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A. AS
vs.
Plaintiff
Civil Action No
STEPHEN L BISHOP
Defendant
I
COMPLAINT AND NOTICE TO DEFEND
You have been sued in court. If you wish to defend againO 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 fq th
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. Youl ay lose
money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU'IDO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFIIIC?E SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
I
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE I LE
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. AS is a corporation with offices
at 1111 TOWN CENTER DRIVE LAS VEGAS , NV 89193 .
2. Defendant is adult individual(s) residing at the address li,?ted
below:
STEPHEN L BISHOP
24 E LOCUST ST
MECHANICSBURG, PA 17055
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX9771
4. Defendant made use of said credit card and has a current ba' ance
due of $6316.43 , as of August 24, 2009
5. Defendant is in default by failing to make monthly payments'Iwhen
due. As such, the entire balance is immediately due and payabl&'to
Plaintiff.
6. Plaintiff is entitled to the addition of interest at the rate of
6.000% per annum on the unpaid balance from August 24, 2009 . Allcopy
of Plaintiff's Statement is attached hereto, marked as Exhibit 11I!,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 alid
against Defendant , STEPHEN L BISHOP , individually , in the amount of
$6316.43 with continuing interest thereon at the rate of 6.000Wper
annum from August 24, 2009 plus costs.
fames c.
WELT
MAN,
436 =eve
Pittsbux
(412) 4
FAX: 41
064296 0
This law firm is a debt collector attempt A
our client and any information obtained wil
WfLlrm ro t, 42524
NBERG & REIS CO'?, L.P.A.
Avenue, Suite 11 00
PA 15219
955
F38-7130
C N Pit KMJ
to collect this del t for
be used for that p?rpose.
CARDMEMBER SERVICES DIRECT ERCT3ANT5 ANK'
PO BOX 21460
TULSA OK 74121-1460
Payments Payable To: HSBC Card Services
ACCOUNT NUMBER 6017 3800 0631
STATEMENT NEW
DATE MINIMUM AMOUNT PAST PAYMENT MUST AMOUNT
BALANCE PAYMENT DUE DUE BE RECEIVED BY ENCLOSED
63/21108 6,433.01 1,223.00 1,060.00 04/15/08 $
O New Add- -1-mall? Check box. See reverse side.
SEND PAYMENTS TO:
STEPHEN L BISHOP 954 „
24 E LOCUST ST 164627
MECHANICSBURG PA 17055-3838 PAYMENT CENTER
PO BOX 17313
III, ,IIL,rJ,I,,I 1.,,Il,l,rlr„ILIrrlrrrlrl rLrLl rl BALTIMORE, MD 21297-7313
rrirlrrrllrrirllrl„Irrrilrrrlr,Ilrr,
rllrrllrllrrrrl,lrllr„
601138000636977100122300006433011
Detach and insert this top portion In the enclosed envelope. Be wre the Payment Center address shows in the envelope window.
IRECf ERQW415 BAW
A VIEW OF YOUR RECENT CHARGES AND CREDITS
Pa Online, Anytime: www.accountcontralonline.com
TRANS POST REFERENCE
DATE DATE NUMBER DESCRIPTION
CREDITS GES
PURCHASES, CASH ADVANCES & FEE S
'FINANCE CHARGE' PURCHASES $64.88 CASH ADVANCE $33
52
. 98.40
YOUR ACCOUNT SUMMARY - MARCH I
ACCOUNT AND PAYMENT INFORMATION CREDIT LINE INFORMATION ACCOU Y
ACCOUNT NUMBER 6011 3600 0636 9771 TOTAL CREDIT LINE E 5600 PREVI $ 6334
61
NEW BALANCE 6433.01 TOTAL AVAILABLE CREDIT 0 PU .
*
MINIMUM PAYMENT DUE 1223.00
CASH ADVANCE CREDIT LIMIT' 2800 D.00
ES
+
AMOUNT PAST DUE 1060.00
CASH ADVANCE AVAILABLE CREDIT 0 0.00
PAYMENT MUST BE
OVERLIMIT AMOUNT 833,01 NTB 0.00
-
RECEIVED BY
APR 15, 2006
'CASH ADVANCE CREDIT LIMB M A R 0.00
PORTION OF YOUR TOTAL CREDIT LINE NCE CH . 0.00
ARGE + 98.40
NEW BALAN CE 6433.01
CARDMEMBER SERVICE
PAYMENT BY PHOI
FROM OUTSIDE THE U.S. CALL COLLECT: 904-997-401
PAYMENTS TO: PAYMENT C
MAIL INQUIRIES TO: CARDMEMBER 8
NOTICE: SEE REVERS
Pay Online, ly OrriA SUMMARY OF
RRMG IMPAIRED-TDD CUSTOMERS CALL: 877-902-0967
W 17313, BALTIMORE, MD 21287-7313
t BOX 5280, CAROL STREAM, IL $0187-5250
IMPORTANT INFORMATION.
NOMINAL NUMBER
AVERAGE ANNUAL ANNUAL OF DAYS STATEMENT
DAILY PERCENTAGE FINANCE PERCENTAGE IN BILLING CLOSING
BALANCE- RATE CHARGE RATE CYCLE DATE
PURCHASES 46121 S9% 17.74 % 64.88 17.74%
CASH ADVANCES 1777.I.
..- ,06583 % 23
74% 33
52
k_i . . 23.74% 29 03121/08
5994 0000 XPD 2 7 25 080321 E X Page I cf 1 6050 0000 P393 OIBN5994 164827
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 duly authorized to make this Verification, and that the facts set forth the foregoing Complaint in Civil Action are true and correct to the best of his/her knowledge, information
and belief.
i
CHARLES SHUMAN
06429650
6011380006369771
$6433.01
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
Q
FILED C "= CE
OF TI F °?aTITY
2009 SEP 14 Pik i = 55
.V::7i _li`Visa
-4q%. 5o PD A-rrf
a3o6g7
Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
CooIV of cumbPptalta
F ICE OF TH' $ MFF
ALED-01 r iuE
OF THE PrR-1'T, *"N,- )TAAY
2009 SEP 18 PM 2: 4 4
HSBC Bank Nevada, NA
vs.
Stephen L. Bishop
Case Number
2009-6199
SHERIFF'S RETURN OF SERVICE
09/15/2009 03:36 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September
15, 2009 at 1536 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Stephen L. Bishop, by making known unto himself personally, at 24 E. Locust Street
Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to
him personally the said true and correct copy of the same.
SHERIFF COST: $37.00
SO ANSWERS,
1000A'09::? 7 ?*
September 16, 2009 R THOMAS KLINE, SHERIFF
By
Deputy Sheriff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
vs.
STEPHEN L BISHOP
Defendants
No. 09-6199 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
W WR#06429650
Judgment Amount $ 6,393.27
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
VS. Civil Action No. 09-6199 CIVIL TERM
STEPHEN L BISHOP
Defendants
TO THE PROTHONOTARY:
PRAECIPE FOR DEFAULT JUDGMENT
Kindly enter Judgment against the Defendants, STEPHEN L BISHOP above named, in the default of an
Answer, in the amount of $6,393.27 computed as follows:
Amount claimed in Complaint
$6,316.43
Interest from August 24, 2009 to November 06, 2009
at the legal interest rate of 6.00% per annum $76.84
TOTAL
$6,393.27
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.
W
By:
William T. Molczan, Es e
PA I.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR#06429650
Plaintiff's address is:
c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 70' Avenue, Pittsburgh, PA 15219
And that the last known address of the Defendants is: 24 E LOCUST ST, MECHANICSBURG, PA 17055
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
VS. Civil Action No. 09-6199 CIVIL TERM
STEPHEN L BISHOP
Defendants
NOTICE OF JUDGMENT OR ORDER
TO: ( ) Plaintiff
(xx) Defendant
( ) Garnishee
You are hereby notified that the following
Order or Jud ent was entered against you
on /
(xx) Assumpsit Judgment in the amount
of $6,393.27 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
STEPHEN L BISHOP
24 E LOCUST ST
MECHANICSBURG, PA 17055
Plaintiffs address is:
c/o Weitman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7`h Avenue, Pittsburgh, PA 15219
1-888-434-0085
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A. AS
Plaintiff
VS.
STEPHEN L BISHOP
Defendant
Case No. 09-6199 CIVIL TERM
IMPORTANT NOTICE
TO:
STEPHEN L BISHOP
24 E LOCUST ST
MECHANICSBURG, PA 117055
Date of Notice: 10 ?Ijr)q
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
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: ,/ v
Matthew 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
6429650 N PIT KM3
Request for Military Status
Department of Defense Manpower Data Center
Military Status Report
Pursuant to the Service Members Civil Relief Act
Page 1 of 2
Nov-01-2009 15:50:09
Last Name First/Middle Begin Date
[ Active Duty Status Active Duty End Date Service
Agency
BISHOP STEPHEN ,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).
IA.
41f
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
http://www.defenselink.miUfaq/12is[PC09SLDR.htmi. 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.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d)(1) for a period of more than 30 consecutive days. In the case of
a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more
than 30 consecutive days under 32 USC § 502(f) for purposes of responding to a national emergency declared by the President and supported by Federal funds.
All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support. This includes Navy TARS,
Marine Corps ARs and Coast Guard RPAs. Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the
U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned Corps) for a period of more than 30 consecutive
days.
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
reported as on Active Duty under this certificate.
Many times orders are amended to extend the period of active duty, which would extend SCRA protections. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of SCRA
extend beyond the last dates of active duty.
Those who would rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are
protected.
WARNING: This certificate was provided based on a name and SSN provided by the requester. Providing an erroneous name or SSN will cause an erroneous
https://www.dmdc.osd.mil/appj/scra/popreport.do 11/1/2009
IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
vs.
STEPHEN L BISHOP
Defendants
Case no: 09-6199 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, STEPHEN L
BISHOP 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, STEPHEN L BISHOP is not in the military service.
Further Affiant sayeth naught.
4A1'A/NT
SWORN TO AND SUBSCRIBE to my presence this ?/7day
of O°y .
OTARY UBLIC
C0MMICivWEALTH OF PENN;)YLVANIA
Notarial Seal
Sheila G. Bevan, Notary Public
City Of Pittsburgh, Allegheny County
My Commission Expires Nov. 15, 2010
Member, Pennsylvania Association of Notaries
FILKk)FICE
OF THE +" THH't
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WELTMAN, WEINBERG & REIS CO., L.P.A. ° ?' q ?'i0r?`Ft
BY: Sarah E. Ehasz, Esquire Attorney for Plaint" 'W
r? ( ?
I.D. No.86469 TV APRR 436 Seventh Avenue, Suite 1400 CUMBERLAND COUNT`"
Pittsburgh, PA 15219 PENNSYLVANIA
Phone: 412.434.7955
Fax: 412.434.7959
File # 6429650 NPE
HSBC BANK NEVADA, N.A. AS
Plaintiff
CUMBERLAND County
Court of Common Pleas
vs.
STEPHEN L BISHOP
Defendant(s)
NO. 09-6199 CIVIL TERM
PRAECIPE FOR SATISFACTION OF JUDGMENT
TO THE PROTHONOTARY:
Please kindly Satisfy the Judgment of the above-captioned matter upon the records of the
Court and mark the cost paid.
WELTMAN, WEINBERG & REIS CO., I,.P.A.
Sworn to and subscribed
Before me the /I day of
NO RY PUB
By
Sarah E. Ehasz,
Attorney for Pl,
.2011
COMMONWEALTH OF PENNSYLVANIA
NoWal Seal
Wayne A. Junes, Notary Public
City Of PlttaDurgh, Allegheny C*un(y
My CotnrnlNUm &Vrea June 29, 2014
Member, PennrAvanla Aaaodatlon dWoewnaa
GwA 1 906'Pa (Wti
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