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HomeMy WebLinkAbout10-1461OF THE ? T 2010 MAR _2 AM 11:20 CUM,- K "'LA:''.;0, ;^ tqy r ENNSYkki IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. AS Plaintiff vs LINDA E PRYOR Defendant No: /? - Al L( COMPLAINT IN CIVIL ACTION 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 07665991 C N Pit EMR s ?'9? •ov I oL &kf Rte- ?3$? 3S! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. AS Plaintiff VS. Civil Action No LINDA E PRYOR 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: LINDA E PRYOR 209 BRIDGE ST APT 2 NEW CUMBERLAND, PA 17070 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX7091 . 4. Defendant made use of said credit card and has a current balance due of $8877.35 , as of January 11, 2010 . 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 January 11, 2010 . 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 , LINDA E PRYOR , individually , in the amount of $8877.35 with continuing interest thereon at the rate of 6.00001 per annum from date of judgment plus costs. James C. ro t,42524 WELTMAN, E NBERG & REIS CO., L.P.A. 436 Seve th Avenue, Suite 1400 Pittsbur h, PA 15219 (412) 4 4- 955 FAX: 4 - 38-7130 076659 C N Pit EMR This law firm is a debt collector attempting to collect this debt for our client and any information obtained will be used for that purpose. Aced rt.^.Mces Faz?e ir.ans e:e D:.e Gat: A vrt - ,,., .. cr_ 44';' .. E. e17:5 itip. i_ s.. .., C????? ?? past ,. =..e t,",.,;. FSBC Csrd SsriiaeJ Said FAv,,,es,t T. EXHIBIT L ?... f " c ' ,'" GCE"•:L'S` ?'44'-?s 'L ort;o35 tfi 6€S .e., kits S.OYe. 3. 1 SBC 4D Pav VOW b .l( anvt we az AccountCentrajonitre.com Y LIt H FS©C; ACCOUNT SUMMARY YOU S BALANCE DETA?LS aten=: ¢o rse<> :.e A3?#a #e{? #rer n?rcaa?€ rrfz?rmxt3ar?. YOUR TRANSACTIONS s Crgt:N 3. i ANDES. 3G FECS .. At:fE ,;:'.('E =t.?:. -.. E.C. •-:.s4ea: _JM?.?.. t;8 S?. r.,,.. ,..< . , ... '. of :! .^.?h >?Xl ? 1:}!aitno'"Ur addPa94 QT! IS`.$ in mFlnliv of f4000£Emtl;aiitra?t3r Dina. f,Dnx 01, YOUR CONTACT INFORMATION Please rote -Address charoes may take uo to two (2) weeks to process. Please orirt clearly. Address k Street pare 1.1 1? Apt *and Other Address Irfo ICitO State Zia Code I I ? I Your Fairs Photo hurber -E=-?? Your Eusiness Phonehurrbei r-?-? ?-?-? urea code) Print Err ail Address' force code) ' End) edaeYS ts odk+nel. Ws nitl oommmrels aah roe - email reoelo6Ea You -ins and ocraaanally send vac aasciel otters ion ou i t-W and erlemal markelia nerrrecs. g You meYlous/v anted as tram IaadYita=aft. Wavidaua TOW eaWl address Will canod that deetlan •AboutYour Psyment: • You agree to pay at kart the Mmi®® Payment in time to be credited to your Account u of the Payment Due Date. • If your Account is delinquent, You eta avoid an additional Late Payment Fee by prying at least the Min®un Payment Due, which MM. any past due amours, in torte to be posted as of the payment Due Date. You may pry more data the Mm®um Payment Due-and you may Pay the come New Balance at any time. • Payments should be mailed with a single coupon to the payment address shown on the front of this billing sfdemeaL Payments must be made by a single clack or money order payable in US. dottars and drawn on a US. Imtitutine. • Payment; received at the payment address by 5:00pm Eastern time, on any day. will be credited to your Account as of the date of receipt; otherwise payment will be credited as of the art day. • Crediting Payments to your Aceent may be delayed up to five days if the payment is not me& as described above; is not received at the address provided for remittance; is not accompanied by she Payment coupon; is received in an envelope other data the envelope provided for r'emi mncr, is replied, folded, or paper clipped; m includes muhiple Payment coupons or checks. • If Yom New Balance is a cuedrt balance, it win be applied to future Purchases or cash advances, or refimded to you at your written, request. Requests should be msikd to the inquiry adck= shown on the from of your billing statement By sending no a check for payment on your Acceunt, yon actho in to make a one time electronic funds transfer (F.FT) hum yo bank accomt or to process the payment in a cheek tranndioIL Wlea we use information from your check to make an EFT, furls may 41 be witted[awn from your account as soon as the same day w>r ' e Your Payment, and you will not receive your check back funcid mstilunim If you do out want your checks an EFT, please call customer service at the phone of your card Payment By Phone: When you use our opti service, you amhome ns to mitiatc m e er from your designated back account w to as s check ttat section. Your must auhoriu the of each payment. Please retain this auhmintion c, to as . check Cud Renewal: An Ammat Fee yourAccomt. If your Anent F« is billed annually, prying the tee f yon all and close your Aecount being billed You may conimne to use Yom Card during 'oil withont paying the t«. If your fee is billed monthly, soot close yo-Acoomo dne to the Annual Fee charge 'c will be credited back to your Account How Ch arges: We calculate the Periodic Fimoce Charge A by mul tiplying the applicable Daily Periodic Rate by the 'ly Be la - for each category of ft.-t one showy on y sktemenx (e.g., Purchases, balance tia tilers, cash advances); the resubs are then multiplied by the number of days in tlr billing cycle. Determining the Dally Balance: We take the beginning balance for each category, oof transactions each dry, add any new transaction, my previous day's periodic Fiance Charges, any assessed face and charges. and subtract my payments ardor credits. If a transaction posts after the beginning of the billing ryck, the appli abk Daily Balance and any related Finance Charge calculations will be adjusted retroactively, to include the transaction amonnt as of the day it was posted Calculating the Average Daffy Balance: For each transaction category, we add an the Daily Balanece for the bitting ryck together and divide the total by the comber of days in the billing cycle. If the balance for any day is Into than zero, we [teal it as zero. This is the Average Daily Balance (including new purchases) method Once Paris. For credit card purchases, periodic France Charges begin in sccrne on the date of the trmwction and continue to accrue or" payment in full is credited to your Account However, you have a Grace Period of at least 20 days from the date if no periodic Finance Charge was billed to the Account' Telling parried; otherwise the payment Due Date will be the statement date. That meane, if you paid the New on your but billing st statement by the Payment Due f billing tktement, you have until the Payment Due carries billing cycle to pay your New Balance in fall ' ' of periodieFinance Charges credit 'odIn Finance Charges that accrue the one the next billing statement. Thee is no Croce and balance transfers, inchuding credit c mean. periodic Finance Charges begm to source transaction and rontmne to accrue now Payment 'ad to your Account. Daily P curl Paertage Rate: the Annual Percentage Rea statement reflect the annualized equivalent of the actually applied during a particular billing ryck. e Races may differ from the Nomiml Amual a because of the inclusion of say Fiance barge other a Fumce Charge. 1% isace Charge: A Mio®om FINANCE CHARGE of .00 will be charged in each billing cycle in which periodic Finance es nee payable. Billing Rights Summary: In case of errors or questions about Yom billing statement: If you think your billing statement is wrong, m if you need more information abom a transaction on your billing statement, write us as soon as possible, on a separate aped of papa, d Cetimember Service Center, PO. Box 5251, Carol Stream, IL 60197-9642. We must hear from you no hear than 60 days after we sent you the first bitting statement on which the error or problem appeared. You con telephone as, bit doing so will not preserve your rights. In your letter, Please include the following information: • Your mume and account comber • ]he dollar amain[ of the soepectcd error. • A description of the error. Expi is if you can, why you believe these is an error and my 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 park of your bill that are not in question. While we investigate your question, we cannot report you or delinquent or take am action to collect the amount you question. Special Rare for Credit Card Purchases: If you have a problem with the quality of goods m services that you purchased with a aedh card, and you have hied in good faith to correct the problem with the merchant, you may not have so pay the remaining amonat due on the goods or saviors. 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 addresa. If we own or operate the merchant or if we maikdyor the advertisement for the property or services, all Pmchums are covered regardless of amount or location of Debt Collection: We are required by law, when applicable, to notify you that we are attempting to called a debt, and any information obtained w® be used for that purpose. Negative Credit Baram Reporting: We may report Information abort yourAeeomd to credit bureaus. Late payments, mimed Payments, or other defaults on your Account may be reflected in your credit report. 0 1AS59%- 15- 02/1 IM03 IMPORTANT ACCOUNT ?AFC?RMAT€OR YOUR FINANCE CHARGES re ..... Ck ARISES PERCENTAGE RATE PERCENTAGE KATE E HOW TO REACH US _ ?r ..... ....... ...... ...... Sfifi•84.i-3235 8772 PA`d-CAF.r .. ....... ('adrner:t Crsntgt, P£= Frx : 3313, beat mota. W-V, 2? 29'7-431.3 Carcdenent:;et '5smoo-,, P(7 Fox 57EiL. i r, ' 'Frvreexr, L 6J'S9?-S35c? pw SPECIAL MESSAGES "a" v K e (i" av -v r ESPECIALLY F 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. 'Y&" k-t'*WW4?0 VALERIE DEMARAIS 07665991 5149537044967091 $8877.35 A049 WELTMAN, WEINBERG & REIS CO., L.P.A.