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Home My WebLink About09-7873IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. AS Plaintiff No: dQ 7873 aiv',l (e cl vs. SCOTT A MAHONEY 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 07450460 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 SCOTT A MAHONEY 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: SCOTT A MAHONEY 307 BRICK CHURCH RD NEWVILLE, PA 17241 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX4776 . 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 $2932.58 , 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 , SCOTT A MAHONEY , individually , in the amount of $2932.58 with continuing interest thereon at the rate of 6.0001 per annum from date of judgment plus costs. James u. armnroau,42524 WELTMAN, EINBERG & REIS CO., L.P.A. 436 Sev h Avenue, Suite 1400 Pittsb , PA 15219 (412) 3 -7955 FAX: 1 -338-7130 0745 0 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. =.f:(:: li'l ?`. 1: t3??N' F:?'F„. ?E 'v t7 Y. EP• C ? (+A'c h'"'. >... 4r?i i);)''..4 t)'i•r>9i:K S?..f'J%.. 7.?..,. .'.??.^.G 50?D?0 .00 1 SBC „, c . ,,... _.: V1, . G .. VC•r ., 'tt ?5 4' Pav vour ka( anvvyro at Faacot€nf£leetra Csnana.com PP, YOUR HSBC ACCOUNT SUMMARY St3T -: S V in,:t As YOUS BALANCE DETAILS asI 'var' , >. :.. r 1? Ncifoe: See reverse side for Imirmnaw it?fatrnmF :ar+. YOUR TRANSACTIONS PURCH S. ANCES, FEES `ren.csA ;ict:cc bite + , +e r,l . _ATE FEE ......... incl .. ,St, ... At: -.E.. ARE IMPORTANT ACCOUNT INFORMATION i'fl.R A;CC:LhT!S:,L.^^.AEr.Tti'{;CSE.:. m ? ... , ., w.t.•. . of s3i Cr-me your address online inetantlv of AccountGontre€On17n+e.cont YOUR CONTACT INFORMATION Please rote -Address Charoes may take uo to two (2) weeks to orooess. Please orirt Clearly Address Y Street Aare Act Y and Other Address Irto City State Zia Cade 11111111 1 111111 m -? Your Fears Phore huirber Your Business Phone burrber -?-? -?-? farea cadet rises code) Fri n t Err al Add rose' Email addr®a w otliwaf. Ne sal nor-csk mesh rou r4 snail rooaraFro rou serous send oeaeareW eerud you arecatosero Yom our inendsral relents) meraemm amass. M veu arevit u dv oohed out trom tmabinv emab. oreddine war arrM adders wal race! that Mellon :About Your Payment • Yon agree to pay at kart the Min men Payment in time to be credited to your Account as of the Payment Due Dale. • If your Account is delinquent, you can avoid an additional Late Payment Fee by paying at least the bfimimrm Payment Due, which includes my pad due amount, in done to be posted m of the Payment Due Date. Yon may pay more than the Minimum Payment D ueand you may pay the entire New Balance at any time. • Payments should be minded with a single coupon to the payment address shave on the front of this billing statement Payments must be made by a sole cheek or money order payable in US. dolts and drawn on a US. Istibaim. • Payments received at the payment address by 5:00 pm Eastern time, on my dry, will be credited to your Acsoont as of the date of receipt; othawhe payment will be credited as (the art dry. • Crediting payments to yourAceond may be delayed up to five days if the payment is not made as described above; is not received at the address provided for insurance; is not accompanied by the payment coupon; is received in an envelope other than the eavelepe provided for remittance; is tripled, folded, or paper clipped; or includes multiple payment -up- a chre elor. • If your New Balance is a credit balance, it will be applied to future purchases or cash advances, or refmded to you at your written request. Requests; should be mailed to the imqury address shown oat the from of your billing statement. By seeding s a check far payment on yawAcamd, you a w to make a one time elecfrodc fads tri s(er (EbT) from your bank account or to process the payment as a cheek transaction. When we use information fromyour dieck to make an EFT fords may be withdrawn fiom your account as won as the came day we your payment, and you will not receive you check bads from f?icial mddisioe. If you do not want your chador to an EFr,, place all customer service at the phone ib,f your card. Payment By Pho e: When you rise our optional service, you authorize in to initiate an electronic fins, your designated bade aaoumt a to process a check transaction. You mud enahorae the o each payment. Please retsina lie a d nzdiw for Card Renewal: An Annual Fee Arc - If your Anmurl Fa is billed amusBy, y tha fa if you all and close yourAcaun[ o billed. You may continue to use your Cad during the without Pay'the fa. If your fee is billed monthly, close your Account der to the Annual Fee charge, be credited back to your Account. How PVe urges: We alculate the periodic Finance Charge on by embiply'the applicable Daily Periodic Rate by the A Balance for each category of transacaors shown neyour statement (e.g., purchases, balance rasfaes, cash dvmoee); tls are then multiplied by the mmber of days in the bill' cycle. Determining the Daffy Balance: We nuke the beginning balance for each category of trameactios each day, add any new traoeaoiome, my prevms day's Periodic Fiance Chages, say aseasd foss and charges, and subtract any psymmb and/or credits. If a rareavtion pasts after the beginning of the billing cycle, the applicable Daily Barriers and my related Finance Chair calculations will be adjusted retroactively to include the transaction amount as of the day it was postd. Calculating the Average Daft Balance: For each transaction category, we add all the Daily Balaaa for the billing cycle together and divide the total by the number of days in the billing cycle. If the balance for any dry a less than zoo, we rest it as zero. This a the Average Dady Balance (ncludng new purchases) method. Gnee Periods: For credit cord purchases, periodic Furnace Charges begin to accrue r the data of the haonctim and continue to accrue until payment in full is credited to your Aecamt However, you have a Cnace Period of at ken 20 drys from the saturated date if an periodic Fiance Charge was billed to the Account in the entreat billing period: otherwise the Payment Due Date will be 25 drys from the rtataanent date. That means, if you paid the ABhon your ht bung statement by the Payment g statement, you have until the Payment Due Dilling cycle to pay your New Balance m full m aperiodic Fiesse Chages on new credit cord Charges that accrue after tha statan" date iBhg etatemrmt That's m Otace Period far tmsidism including credit cad checks. periodic Finance Charges begin to scam on the and continue to accrue mail payment in full is Aceount. Daily Pars dlc ereentap Rate: The Ar m rd Percentage Rata r your reflex the amushaed equivalent of the Daily Periodic applied during a particular billing cycle. The Rases may differ from the Nominal A-1 e of the inclusion of say Furnace Charge other than Charge. Yom Annual Percentage Rates and rge: A Minimum FINANCE CHARGE of F ' cay c6acgad in each billing ryck to which periodic Finance are payable. Rights Summary: In as of erroa or questions about your statement: If you think your billing statement is wrong or if you need miss m(orambre about a transaction on your billing element, write in as soon as poenible, on a separate shat of papa, at Cardmember Service Corte; P.O. Bar 5251, Carol Sums, B, 60197-9642. We mod hear from you an War than 60 drys after we art you the fad billing statement m whwh the ensor aproblem .ppeared You can telephone as, but doing w will not preserve your rights. In your letter, pleme include the following information: • Yoursate and arcom t amber . • The dollar amomt of the suspected aver. • A motionof the wror . Faplam, if you m, why you believe thse is an error and say steps you have taken to resolve the error. You do not have to pay any amomt m question wltik we are investigating, but you are obligated to pry the pads of your bill that are not in question, While we iwestigate your question, wo cannot report you as delmqurt intake any actin to collect the amours you question. Special Role for Credk Coed Peritonea: If you have a problem with the quality of goods or services that you purchased with • credit card, and you have tried in good faith to correct the problem with the merchant, you may net have to pay the remaining amoaot doe on the goods or services. )Lis protection applies only when the purchase pia was more than $50 and the purchase was made in your home data or within 100 mile of your mailing address. If we oven a operate the merchant or if" exiled you the advertisement fur the property or services, all puchmes are covered regardless of area= or location of purchase. Debt CoBeetion: We are required by law, when epplkirble, to entity you that we are anempli g to aged a debt, and say information obtained will be used bar that purpose. Negative Credit hkaean Reporting: We may report inf armation about yourAoa®t to -eft bureaus. Late psyrorents, uttered payments, or other debaks an yon Account may be reflected in your -edit report O) BN5994 . I I-02/112008 YOUR FINANCE CHARGES M.ve;aa i:aii.• i;arv pars a, PMANCE ANNUAL NOMINAL ANNUAL E -•,;r,[e CHARGES PERCENTAGE RATE PERCENTAGE PATE AY VARY HOW TO REACH US '.... ;? r, '?s r eer _........ _........ ........ .......... ..... ....... .......... RCQ-379.7999 877.2 PAY-CAR[; :,... ;? -. '... -. ?. 13 J-;ilY-;: ..... ...... ...... ?...... gG4997-h.997 .......... Peraxer:t Cantef, Po Eax 7393. E.Winore, MD 21297-131.1 Cerdenetxrhex Scss; +xa. PO Rcx 5254. CaraR Stream-.L WV MO aarne? t Accaur.fCea€Sxe1C3naFa.ccrrsr V,?? ? M I 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 DEI RAIS, 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 correctjo.the best of his/her knowledge, information and belief. 7v1A44x>o VALERIE DEMARAIS 07450460 5458001563154776 $2932.58 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. 0 ,;nr v [u9's 12?' 2? 1 ?r'lliti r f I' ` lf4r1 V' k .09.50 Po A7W - 4,335547 pj+ a3 B SHERIFF'S OFFICE OF CUMBERLAND COUNTY R Thomas Kline Sheriff Ronny R Anderson Chief Deputy ALED-0,'RCE OF THE PPUTHONOTARY 1009 NOV 19 PH 12: 5 9 Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor PENINSYLVANM HSBC Bank Nevada, NA vs. Case Number Scott A. Mahoney 2009-7873 SHERIFF'S RETURN OF SERVICE 11/17/2009 06:46 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 17, 2009 at 1846 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Scott A. Mahoney, by making known unto himself personally, at 307 Brick Church Road Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $38.80 November 18, 2009 SO ANSWERS, eow*10A'100:? ?4? R THOMAS KLINE, SHERIFF BY De /1y eriff (r.;? ibun'yg?.itn SFer+?. Tce?ers fit. fnc. n O `~ ~.. ~~~. " Q c*1 ~ ~ 9'3 rs'~~ Z T.~ 3 ~ "~.'~(' (f .c '. C~1 L~ [ y ~ ~" S c'~ ~ W W .t: 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. AS Plaintiff vs. SCOTT A MAHONEY Defendant(s) No. 09-7873 CIVI:LTERM PRAECIPE TO SETTLE, DISCONTINl1E AND END WI"T'H PREJUDICE TO REFILE FILED ON BEHALF OF Plaintiff COUNSEi., OF RECORD OF "fHIS PAR"T'Y: James C. Warmbrodt, Esquire PA I.D. #42524 WELTMAN, WEINBERG & REIS CO., L.P.A 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (4]2)434-7955 WWR#7450460 JAM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYI_.VANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. AS Plaintiff vs. Civil Action No. 09-7873 CIVILTERM SCOTT A MAHONEY Defendant(s) PRAECIPE TO SETTLE DISCONTINUE AND END WITH PREJUDICE TO REFILE TO THE PROTHONOTARY OF COUNTY: Settle, Discontinue and End With Prejudice to Refile the above-captioned matter upon the records of the Court and mark the costs paid. WELTMAN, WEINBERG &REIS CO., L.P.A. By: °'' James C. Wa rodt, Esquire PA I.D. #42 2 WELTM EINBERG &REIS CO., L.P.A 1400 Ko ers uilding 436 Sev nth venue Pittsbu gh, A 15219 (412) 3 955 WWR 450460 Sworn to and subscribed Before me the 3 Da~y,,of P 00 i~~' y N ARY PUBLI COMMO W ~,~~Y~vANiA N661tial $esl Wayne A. JPn~. N MnPGounty C11y of Pitbhu . ~0 Y My Commission Juns 2Q. 2010 Member, Penney van Assxisdon of Notaries