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Home My WebLink About10-3199~,~~ 7 Fit ,,n Y- _. 2fll0 ~~~ f ! 4 PPi 4~ ~~ CU~v~~. - ~~ ~ ~: Ji1NTy r'~i dig ~ ~~~.~~ thr~~; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff No: ~b - 3~qq ~jV~lTtet'W~ vs. JOHN W LUCAS 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 07940672 C N Pit KMJ C ~ga.oo P~ gym/ c,~c.~ ~ 551 os ~,~ a~ ao8~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. Civil Action No JOHN W LUCAS 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: JOHN W LUCAS 409 CENTER ST ENOLA, PA 17025 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX5914 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 $2716.56 as of April 14, 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. 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 JOHN W LUCAS individually in the amount of $2716.56 with continuing interest thereon at the rate of 6.OOOo per annum from date of judgment plus costs. games c. WELTMAN, 436 Seve Pittsbu (412) 4 FAX: 4 2 079406 2 This law firm is a debt collector attemp our client and any information obtained r ro t,42524 NBERG & REIS CO., L.P.A. . Avenue, Suite 1400 PA 15219 955 8-7130 N Pit KMJ to collect this debt for be used for that purpose. 1 Customer Service (Servicio al Cliente): 1-877-215-9746 Payment Address: Hsbc Retail Services PO Box 17298 Baltimore MD 21297-1298 Mail Billing 4tquides to: PO Box 646 Wood Dale IL 6019]--0379 Days in Billing Cycle: 31 Statement Date: 08/07/2009 ........................................................................................................................................... ........ ..LI:C13i1t SUtlilii#ty~ _'•'• `'s ~ € ~ ':'•'•' ` ~ `':' `ACt~CT(~ll,~ ~p 59"Elf PAYMENT TOTAL MINIMUM NEW PAST DUE AVAILABLE DUE DATE PAYMENT DUE BALANCE AMOUNT CREDIT 08/27/2009 $771.00 $2,577.54 $647.00 $0.00 Please see reverse for important disclosures, including grace period information. YOUR ACCOUNT IS BEING REVIEWED FOR ASSIGNMENT TO A COLLECTION AGENCY. WIRE THE AMOUNT DUE 1500.420981. T~aiii#actJOns: € ~ ::::::::::::::: i::::::::::::::: .............................. ::::::;:::::::::::::::::::::::::::::::::::::::::: ~;:::::;::::::::::::::::::: .. . Transaction Date Transaction Details .. ..................yp........................:..:::;:::::::::::::::::::: Promo. T e/Credit Plan Amount 07/0812009 Previous Balance ....................... .......................................................................52,479.83 07/27/2009 Late Charge Assessment ........... ............................................................................ $39.00 08/07/2009 Billed Finance Charges .............. ............................................................................$58.71 08/07/2009 New Balance ............................. .......................................................................$2,577.54 hairg e~........ ....f1E ............:..: ~ ~ .~ .........:.............................. Promotion Purchase Promotion Previous Average Variable tkines~ ~~=ANN>3Ai:::: : FIb9(NGE: Deterred New Minimum Type/ Date Expiration Balance Daily Daily poni5ri~ P~loCEIIfAtfE Lrftidfif3E~ FINANCE Balance Payment Due Credit Plan Date Balance Periodic :Yti'R: :R7tT€(/jPltj: yt; CbYIdC~ CHAROES Rate ~:::::: :::::: ~:::: ~::: ~:: 3iAt4::: Regular NIA N!A 82,229.98 $2,255.25 0.07506% 27.40% 27.40% 852.48 80.00 $2 282 44 8475 90 Purchase , . . 00007-1 Regular N/A N!A 8249.87 8287.88 .07506% 27.40% 27.40% 86.23 00 80 5295 '10 8295 10 Purchase . . . 00088-2 EXHIBIT i Page 1 of 1 872047 Please return coupon below with your payment. KMART Customer Service (Servicio al Cliente): 177-215-9746 ACCOUNT NUMBER NEW BALANCE PAYMENT DUE DATE RECOMMENDED MAIL DATE TOTAL MMIWIUM PAYMENT DUE ~b914 $2,577.54 08!27/2009 0&18/2()(19 5771.00 AMOUNT ENCLOSED 415 Please complete using black or blue ink onty. Make checks payable to HSBC RETAIL SERVICES. JOHN W LUCAS Include 409 CENTER ST your account number on your check or money order. ENOLA PA 17025 -2610 170252610097/ SERVICES X 1 729g PO BO BALTIMORE MD 21297-7298 /2129712989/ 59140D4153 ~a~: ;~;; VERIFICATION The undersigned does hereby verify subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn 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 07940672 ~~5914 $3110.68 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. s ~! L J i ~ uvL ~ ~ ~~ ~~ r< r~~ ., HSBC BANK NEVADA, N.A. Plaintiff vs. JOHN W LUCAS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION No: 10-3199 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT 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 07940672 C N Pit JAM Judgment Amount $2716.56 ~#I~.oo Pp ~M C','~ ~lo(e 350 ~•~ a4SCo39 t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. Civil Action No. 10-3199 CIVIL TERM JOHN W LUCAS PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONTARY: Kindly enter Judgment against the Defendant JOHN W LUCAS above named, in the default of an Answer, in the amount of $2716.56 computed as follows: Amount claimed in Complaint $2716.56 Less payments / adjustments made $0.00 Attorney's fees $0.00 TOTAL $2716.56 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: James C. 07940672 Ct N fit JAM Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh 15219 And that the last known address of the D endant is JOHN W LUCAS 409 CENTER ST ENOLA, PA 17025 r HSBC BANK NEVADA, N.A. Plaintiff vs. JOHN W LUCAS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 10-3199 CIVIL TERM NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that th following Order of Judgment was entered against you on ~~ (xx) Assumpsit Judgment in the amount of $2716.56 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 Prothono By: JOHN W LUCAS 409 CENTER ST ENOLA, PA 17025 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. JOHN W LUCAS Case No. 10-3199 CIVIL TERM Defendant IMPORTANT NOTICE TO: JOHN W LUCAS 409 CENTER ST ENOLA, PA 17025 Date of Notice: ( Q YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WR{TTEN 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 THlS 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 WELTMANJDd~I~1BERG & REIS CO., L.P.A. RAatthew Urban p.A.I.D.# 90963 WELTMAN, WEINBERG &REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building P'~ttsburgh, PA 15219 Phone: (412) 434-7955 7940672 N PIT G4B IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. Civil Action No. 10-3199 CIVIL TERM JOHN W LUCAS NON-MILITARY AFFIDAVIT The undersigned, who first 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 JOHN W LUCAS is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMSC), which states that the DMDC does not possess any information indicating the individual status. JOHN W LUCAS 409 CENTER ST ENOLA, PA 17025 is not in the military service. Further Affiant sayeth naught. 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 Jul-12-2010 12:19:02 ^C Last First/Middle Begin Date Active Duty Status Active Duty End Date Service A Name enc Based on the information you have furnished, the DMDC does not possess LUCAS JOHN W 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). ~. ~i-~- 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 htt~//www defenselink mil/faq/~is/PC09SLDR.htm1. 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. https://www.dmdc.osd.mil/appj/scra/popreport.do 7/12/2010 Request for Military Status Page 2 of 2 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 certificate to be provided. Report ID:I7432AEDD1 https://www.dmdc.osd.mil/appj/scra/popreport.do 7/12/2010 WELT MAN, WEINBERG & REIS CO., L.P.A. BY: Sarah E. Elrasz, £s+quim. Attorney for Plaintiff(s) I.D. No.8 469 436 Seventh Avenue, Suite 1400 Pittsburg , PA 15219 Phone: 4 2.434.7955 Fax: 412. 34.7959 File # 071 40672 HSBC BANK NEVADA, N.A. JOHN W LUCAS c-? c rn'= I ?c? -<> - 2 ° -3 c o CUMBERLAND County )>n Court of Common Pleas DC tv r??.. ? cry Cj D NO. 10-3199 CIVIL TERM PRAECIPE FOR SATISFACTION OF JUDGMENT TO THE PI ONOTARY: kindly Satisfy the Judgment of the above-captioned matter upon the records of the Court an4 mark the cost paid. WELTMAN, WEINBERG & REIS CO., L.P.A. By Sworn t( Before n and subs ibed crm the ay of May, 2011 R Sarah E. Ehasz, Est Attorney for Plainti IUM*M WIANN efty4w ""SWAN Oft ALNOW soil" t , S"s 6z(v '? vi-.co Pd °` C k C)OICk> 1 ?O V att able