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Home My WebLink About09-6280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff No: I)q - (pa. e,tVi? VS. HEATHER M COOK 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 07385612 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 HEATHER M COOK 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 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: HEATHER M COOK 64 RUSTIC DR SHIPPENSBURG, PA 17257 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5252 . 4. Defendant made use of said credit card and has a current balance due of $4294.68 , as of August 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 August 24, 2009 . A copy of Plaintiff's Statement is attached hereto, marked as Exhibit 111" 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 , HEATHER M COOK , individually , in the amount of $4294.68 with continuing interest thereon at the rate of 6.OOOW per annum from August 24, 2009 plus costs. e, J1 JWa ra ,42524 WWEINBERG & REIS CO., L.P.A. 4nth Avenue, Suite 1400 Prgh, PA 15219 (/4) 34-7955 F 2-338-7130 0 2 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. • HOUSEHOLD BANK MASTERCARD HEATHER M COOK ACCOUNT SUMMARY ACCOUNT 5433-3900-0484-5252 NUMBER TOTAL CREDIT LIMIT $3,600 TOTAL CREDIT LIMIT $0 AVAILABLE CASH CREDIT LIMIT t CASH LIMIT AVAILABLE STATEMENT DATE PAYMENT SUMMARY MINIMUM PAYMENT' $150.00 PAYMENT DUE DATE 03/20109 OVERLIMIT AMOUNT $694.68 PAST DUE AMOUNT 5880.00 CURRENT PAYMENT DUE' $1,030. To avoid additional late andAv overlimit fees, you must pay the Current Payment Due (which includes the Minimum Payment and any Pest Due and br Ovedimit Amounts). *See About Your Payment on reverse for an t Cash Credit Limit is a portion of the Total Credit Limit Page 1 of 1 BALANCE SUMMARY PREVIOUS BALANCE $4,188.49 PAYMENTS/CREDITS $0.00 PURCHASES/DEBITS + $0.00 FINANCE CHARGE + 106.19 NEW BALANCE _ $4,294.68 FINANCE CHARGE CALCULATION This is a grace account. Grace period information on back. 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 Raft PURCHASES $3,739.26 0.08080%(v) 31 $93.86 $0.00 29.49%(v) 29.49016 BALANCE TRANSFER $374.55 0.08080%(v) 31 $9.38 $0.00 29.49%(v) 29.490% BALANCE TRANSFER $125.84 0.08080%(v) 31 $3.15 $0.00 29.49%(v) 29.490% CASH ADVANCES $0.00 0.08080%(v) 31 $0.00 $0.00 29.49%(v) 29.490% (v) indicates variable rate ? MAIL PAYMENTS TO: HSBC CARD SERVICES PO BOX 17051 BALTIMORE MD 21297-1051 9 QUESTIONS? 24-HOUR CUSTOMER SERVICE 1-000-477-8000 OUTSIDE USA, COLLECT: 1-757-523-3880 TDD HEARING IMPAIRED: 1800-395-9020 Q Manage your account online at: www.householdbank.com ® MAIL INQUIRIES TO: HSBC CARD SERVICES PO BOX 81622 SALINAS CA 93912-1622 090200 51 25 0000000103 G STMT37 D 8 00006042 HOPI PLEASE DETACH AND RETURN BOTTOM PORTION WITH YOUR PAYMENT: To Assure Proper Credit Please Write Your Account Number On Your Check 4ccount Number 5433-3900-0484,525: Jew Balance $4,294.68 Minimum Payment $150.01 3yment Due Date 03/20109 Current Payment Due $1,030.01 Iclude account number on check to HSBC CARD SERVICES. Do not send cash. San payment 7 to 10 days prior to Payment Due Date to ensure timely delivery. To avoid additional late and/or overlimit fees, pay the Current Payment Due. Amount Enclosed HEATHER M COOK 64 RUSTIC DR SHIPPXNS13URG PA 17257-9458 '11111'rllrrrlrnrrllllllll'rlllllnllllilllllhl'Ill'11111r1111 1O R 0 m Ir11r111rr1111rIr1111'1'1111'1111111'1i1IIIIIIrIr11111'rlr1i111rr BSBC CARD SERVICES PO BOX 17051 BALTIMORE MD 21297-1051 543339000484525200103000004294682 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 in the foregoing Complaint in Civil Action.are true and,correct to the best of his/her knowledge, information and belief. CHARLES SHUMAN 07385612 5433390004845252 $3652.65 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. D FILED t,Jr THE io 7009 SEP IS PH L: 5 6 i PEI *,m.50 Po tw-M ct* Maw= awgsr Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ?.°??tr Qt 4uut#prf??? OMCE OF '-E SrERIFF OF THE IF`? - Ifl?r?uG?Y 2909 SEP 24, Ari u: 3 8 HSBC Bank Nevada, NA VS. Heather M. Cook Case Number 2009-6280 SHERIFF'S RETURN OF SERVICE 09/22/2009 06:22 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on September 22, 2009 at 1822 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Heather M. Cook, by making known unto Don Cook, at 64 Rustic Drive Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to hin• personally the said true and correct copy of the same. SHERIFF COST: $46.00 SO ANSWERS, September 23, 2009 R THOMAS KLINE, SHERIFF Deputy eriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. HEATHER M COOK Defendant No. 09-6280 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#07385612 Judgment Amount S 4,346.92 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff VS. Civil Action No. 09-6280 CIVIL TERM HEATHER M COOK Defendant TO THE PROTHONOTARY: PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant, HEATHER M COOK above named, in the default of an Answer, in the amount of $4,346.92 computed as follows: Amount claimed in Complaint $4,294.68 Interest from August 24, 2009 to November 06, 2009 at the legal interest rate of 6.00% per annum $52.24 TOTAL $4,346.92 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: W Willia T. Molczan, E ire PA I.D. #47437 WELTMAN, WEINBERG & REIS CO., L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#07385612 Plaintiff's address is: c/o Weltman, Weinberg & Reis Co., L.P.A., 1400 Koppers Building, 436 7'b Avenue, Pittsburgh, PA 15219 And that the last known address of the Defendant is: 64 RUSTIC DR, SHIPPENSBURG, PA 17257 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff VS. Civil Action No. 09-6280 CIVIL TERM HEATHER M COOK Defendant HEATHER M COOK 64 RUSTIC DR SHIPPENSBURG, PA 17257 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 $4,346.92 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 T ONOTA Y Plaintiff's 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 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. HEATHER M COOK Defendant TO: HEATHER M COOK 64 RUSTIC DR SHIPPENSBURG, PA 17257 Date of Notice: Case No. 09-6280 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 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:1 - 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) 4347955 7385612 N PIT M4C 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 15:59:55 " Last Name First/Middle Begin Date Active Duty Status Active Duty End Date Service Agency COOK HEATHER 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). 41 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/pis/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. 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.dmde.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. HEATHER M COOK Defendant Case no: 09-6280 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. Afffant 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, HEATHER M COOK 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, HEATHER M COOK is not in the military service. Further Afffant sayeth naught. - ,& r-11- 41?? AFFIAN SWOR TO AND SUBSCRIBED in my presence thi clay of . ZA/1 OTARY PUBLIC Tii Cry PrN'\5?`YLVANIA Notarial Seal Sheila G. Bevan, Notary Public City Of Pittsburgh, Xeghery County My Commission Spires Nov. 15, 2010 Member, Pennsylvania Association of Notaries OF 2go MTMW Ov I I Am g: 30 4 1A4.cx6'61- " 0144 ??- .z33z?rq ,, -„ tLa