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HomeMy WebLinkAbout09-7872IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. AS Plaintiff No: Qq- 787oZ ?tV?t VS. RUTH E MUMMA 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 07592085 C N Pit KMJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. AS Plaintiff VS. Civil Action No RUTH E MUMMA 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. AS 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: RUTH E MUMMA 835 WYNNEWOOD RD CAMP HILL, PA 17011 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX9392 . A copy of the Plaintiff's Statement is attached hereto, marked as Exhibit "1" and made a part hereof. 4. Defendant made use of said credit card and has a current balance due of $4388.08 , as of October 28, 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. 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 , RUTH E MUMMA , individually , in the amount of $4388.08 with continuing interest thereon at the rate of 6.000% per annum from date of judgment plus costs. James c. arrwroat,41524 WELTMAN, EINBERG & REIS CO., L.P.A. 436 Sev h Avenue, Suite 1400 Pittsb g , PA 15219 (412) 34 7955 FAX: 12- 38-7130 0759 85 C N Pit KMJ This law firm is a debt collector attemF?g to collect this debt for our client and any information obtained will be used for that purpose. F-... 'avne:..'u, ..e :: a. +;rrot r?E ?..oseo ''a:=. t; -:' ec1:: 'r;:. i': P. S B C C. 1d SnrviCf33 Swid Bserre€tt Tv v¢AatP dr^..-'•Y Y'.;s 2.;F..arA:on iFl 6€"nn'. :`, et3ve.acv. :: .. .:,. .. •... DIRECT ERouN15 Aw- Pav vour bill an Arnie at AccountCentra Ondne.eom - YO£#dh?SSsCACG£7U€FF'SkJ(tPt'!Rh'Y t YOUS. BALANCE DETAILS €i nficn it-se.^.Mf, #oY ftnaon-fltstseYfnaStntx. 110. lk,"VN YOUR TRANSACTIONS "3 '.-ALS "•? .°e.,,..; C.•AFiiE.;C.At.E.;riR% r snow- Chetroa voatr address online instaotly at AddauutCarrtra€Ontir. n.ram YOUR CONTACT INFORMATION Please rote -Address &arces may take uo to two (21 weeks to orocess. Please Drift clearly Address s Street News Act t< card Other Address Irio Citv State Zic Code fir' I ICI Your Fare Fhore hurrber Your Business Phone hutrbet -?-? -?-C? (area code) (area code) Frint Err al Address' Email _d,-. is od-1 We ggal _-w Mh was via mail reoerdoo Vou -1 and -.b-* ?end you-jet .ears roil Memel end erkma/ maraedno narwea. N you nevroustv eased .,it ham receivfnaemeas. araWdMO von ama0 address WN cancer that election. •AboulYwr Payment: • You 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 Lace Payment Fee by paying at least the Minimum Payment Due, which incbdes any past due amount, in time to be payed as of the Payment Due Date. You may pay muse does the Minimum Payment Duuesnd you may pay the entire New Balance at any time. • Payments should be mauled with a single coupon to the payment address shown on the front of d us billing statement. payments new be made by a single check or money order payable in US. dollaa and dmvn on a U.S. Itatinrtim. • Payments received at the payment address by 5:00 pm Eartem time, on sty dry, will be cried to your Amount as of the due of receipt; odienwise payment will be credited as of the sat day. • Crediting payments to your Account may be delayed up to f days if the payment is not made as described above; is not received at the address provided for ummeence; is not accompanied by the Payment coupon; is received in an cavelope other than the envelope pea'idea for commence, is stapled, folded or paper clipped; or includes multiple payment coupons or eheclm. • If your New Balance is a credit balance, it will be applied to run= p rchasm or cash advances, or refunded to you at your written request. Requests should be mailed to the inquiry address show on the font of your billing statement. By sendhng us a check for payment on your Atcomd, yon atdho us to make a one time electrook [ands transfer (EF1) flour your bank account or to proms the payment as a check trassadlen. When we use information from your che* to make an EFI, foods may be withdrawn from your account as scan as the seta day we your payment, and you will not receive your check back from fin ncia]i mstimtion. If you do not want your checks to an EFT, plesse call customer service at the phone of your card. Payment By Phone: When you use or optional service, you authorise ca to i, e an electronic from to ocess a check your designated bank account or p transaction. You must aunhorae the t of each payment. Pkase retain this anthorisstion for Card Renewal: An Annual F« Account. H your Annual Fce is billed amwlly, y the fee if you can and close your Accant wi o billed You may contana to use yourCard during the without paying the fee. Y your fee is billed mon", dose your Aceam[ des to the Annual Fee charge, ' I be credited bade to your Account. now 1Ye arge n We calculate the periodic Finance Charge on by multiplying the applicable Daily Periodic Rate by the A e Balance for each category of traomdionc show on your b statement (e.g., purchases, balance transfers, cash adwncea:); the are then multiplied by the umber of days in the billing cycle. Determining the Dally Balance: We take the beginning balance for each category of uaoactioas each dry, add my new transactions, my previous day's periodic I- Charges, any assessed fan and charges, and subbed 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 karoactively to include the "reaction amount as of the day it was posted Calculating the Average Daffy Balmcr. For each transaction category, we add all the Daily Balaaes 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 zero, we hest it as zero. This a the Average Daily Balance (including new purchases) mdlhod. Grace Periods: For credit card purchases, periodic Finance Charges begin to accrue on the date of the transaction and continue to accrue until payment in full is credited to your A""" However, you have a Gram period of at least 20 days from the statement date if oo periodic Finance Charge was billed to the Account in the current billing period; otherwise the Payment Da Date will be 25 drys from the shtemmt date. That means, if you paid the New B I'- on your last billing statement by the Payment Due Date billing statetent, you have nail the Payment Due Due fan billing cycle to pay you New Balance in full an avoid of periodic Firma Charges on now credit card Charges that accrue after the national dean Kb.21ance billing statement There is no Grace Period for transfers, including credit card checks. ance Charges until paymfull, Account begin to acwinmb nue to accrue Daily Perientar Rate: TheAmu d Pcentage t of the Rates on yreflect the -re alized quialen Daily applied during a particular billing cycle. may differ firm the Nominal Arural he inclusion of any Finance Charge ther tbm e. You Annual Percentage Rates and A Minimum FINANCE CHARGE of billing cycle in which periodic Fi anoe ?Bbtg Rights Summary: In as of errons or quectieas abaa your riRmg statment: If you thick yar billing statement is wrong, or if you need more inlormaban about a trahssctioru onyourbilling ualmeet, write us ae roan a possible, on a separate shed of paper, at (kdranber Service Center, P.O. Box 5251, Canal Stream, IL 60197-9642. We namt bear fin you no later ihm 60 days after we .or you the £nd bigisg stacenneut which the ecru or problem appeared. You can telephone u: but doing so will not preserve your rights. In your letter, pkasc include the following information: • Your came and account number. • The dollar mount of the suspected error. • A description of the error. Explain. if you can, why you believe there is an error and any steps you have taken to resolve the error. You do not have to pay any amount in question while we are investigating, but you are obligated to pay the pats of your bill that are not in question. While we investigate your question, we cannot report you as delvpurnt or take any action to collect the amount you question. Special Rude for Credit Card Purchases: If you have a problm with the quality of goods or services that you purchased with a credit cud and you have tried in good failb to correct Poe problm with the merchant, you nay not have to pay the retaining amount des on the goods or services. This proewtion applies only when the prclare price wi scoore than $50 and the purchase was made in your home sate or within100 miles of yourmailing address. If we own or operate the merchant or if we railed you the advertisement for the property or services, an purchases are covered regardless of amont or location of purchase Debt Collection: We are required by law, when appneable, to notify, you that we are attempting to coiled a debt, and any information obtained will be need for that purpose. Negative Credit Brreac Reporting: We may RYtnrt information about you Account to eredlt bmears. Lste payments, miaeed payments, or other desalts an your Account may be reflected in your credit report C) I BN5994. 11.02 / 11 /2009 YOUR FINANCE CHARGES %:veraaa i;a: 'v Ca:ie Ca- it FNANCE ANNUAL NOMINAL ANNUAL M kP.GES PERCENTAGE HATE PERCENTAGE RATE PA ?.VAY VARY HOW TO REACH US ",. r. ? -? .'s; ..c. i-. ._.. ....... ........ . _..... ... ....._ _....... ........ BCf3.379.7y98 V7.2 NAY-CARL i. ,. 1 '.'. .. ...... ..... ....... ...... ...... 877-51'1.^C19CY7 .. ....... Pavss? r.€ C-lw, PQ E E Ecxre. k!r 2'.297.5313 .. ..... CardrrE mim Se....... PO 8-5 Carrx{ S£resrn. :.L 6M7 5250 - EU ;'r':=: ?'i .... ...... .......... ......... F•LC4UBYEd?331£381f.?nfi9.C6fi? n....Y ?..? .. o?w 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. ?7/kZ.?w &h1sn,.? VALERIE DEMARAIS 07592085 5458000586969392 $4388.08 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 0 2CO9 NO V 12 F' li 2-: 5, 0 419. 60 PA A7W CO 43a pj+ 0133417 SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff ?4`ti,,?tr ct erir?br+rl,??? ncF ,E ;'F F-rE,?GF,IFF FILEQIQ?T CF CF THE P ' -1n H, , 1%11sClTARY Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant 2009 NOV 20 AN 8: 4 3 PINNS', VAN'ttA, Edward L Schorpp Solicitor HSBC Bank Nevada, NA vs. Case Number Ruth E. Mumma 2009-7872 SHERIFF'S RETURN OF SERVICE 11/17/2009 02:00 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on November 17, 2009 at 1400 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Ruth E. Mumma, by making known unto herself personally, at 835 Wynnewood Road Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.50 November 18, 2009 R THOMAS KLINE, SHERIFF By Deputy Sheriff ;c) CountSuite Sheriff, ieieosoff. Inc. ?: ,. ,s:. . ~LE4~~~ i~,CE r,c rHc ~d~~~~'~JTARY 20lOFEB -5 PPf 3: 3~ CU~S~:~~."~'1~ t~UN~'Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. AS Plaintiff vs. No. 09-7872 CIVILTERM PRAECIPE TO SETTLE, DISCONT[NUE AND END WITHOUT PRE.IUDICE TO REFILE RUTH E MUMMA Defendant(s) FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: ,Tames C. Warmbrodt, Esquire PA LD. #42524 WELTMAN, WEINBERG & KEIS CO.. L.P.A. 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 W WR#7592085 JAM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. AS Plaintiff vs. RUTH E MUMMA Defendant(s) Civil Action No. 09-7872 CIVILTERM PRAECIPE TO SETTLE DISCONTINUE AND END WITHOUT PRE.fUDICE TO REFILE T'O THE PROTHONOTARY OF Cumberland COUNTY: SIR: Kindly settle, discontinue and end without prejudice to refile the above-captioned matter upon the records of the Court and mark the costs paid. SWORN TO AND SUBSCRIBED before me this 3 ~ day of ~ 2 , 2009 TARY BLIC Cf9MMt~NW T E t~ r~N~Y ~ NIA NMp~ie1 t~~ pubUo yygy~p A. JAS, ~ COYIKY ~Ityomm-~ h.'E~Juau 1P. 2010 CC n atark's Member, enro WELTMAN, WEINBERG & RF.,IS CO., L.P.A. By: James C. Warm dt, Esquire PA I.D. #4252 WELTMAN, E BERG & REIS CO., L.P.A. 1400 Koppe Bu ding 436 Sevent Av nue Pittsburgh P 15219 (412) 43 7 5