Loading...
HomeMy WebLinkAbout10-5646ALED- 1-- X E 4 j L3 31 FM 3: *3 CUMEER?-du COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff No: id - S(v4(v a-miTer" vs. LARRY LEWIS 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 08232442 C N Pit CXC O #q? .00 PO Ar-f Ctf 474X513 p! a4 7557 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. Civil Action No LARRY LEWIS 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: LARRY LEWIS 1809 HEISHMAN GDNS CARLISLE, PA 17013 3. Defendant applied for and received a credit card bearing the account number XXXXXXX:XXXXX9114 . A copy of the Plaintiff's Statement is attached hereto, marked as Exhibit 111" and made a part hereof. 4. Defendant made use of said credit card and has a current balance due of $2238.48 , as of August 16, 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 , LARRY LEWIS , individually , in the amount of $2238.48 with continuing interest thereon at the rate of 6.000% per annum from date of judgment plus costs.. games warmprouz,'%L56'f WELT WEINBERG & REIS CO., L.P.A. 436 S ve th Avenue, Suite 1400 Pitts u h, PA 15219 (412 4 4-7955 FAX: 4 2-338-7130 082 2 42 C N Pit CXC This law firm is a debt collector atte i.ng to collect this debt for our client and any information obtain will be used for that purpose. MAIL HANDLERS VISA LARRY LEWIS MAIL HANDLERS Visa Account Statement Account Number 47k8-2900-4722-9114 Page I of 2 From February 10. 2010 to Much 10, 2010 Previous Balance $2,157.63 Payments - $0.00 Other Credits - $0.00 Purchases/Debits + $0.00 Balance Transfers + $0.00 Cash Advances + $0.00 Past Due Amount $669.00 Fees Charged + $39.00 Interest Charged + $41.85 New Balance $2,238.48 Credit Limit $1,806.00 Credit Available $0.00 Cash Limit t $451.50 Cash Available $0.00 Statement Closing Date March 10, 2010 Days in Billing Cycle 28 tCash Limit is a portion of Total Credit Limit. Questions? 24-Hour Customer Service I-800-622-2580 Lost or Stolen Card 1-800-651-5116 Outside USA Collect 1-702-243-1575 TDD/Hearing Impaired 1-800-395-9020 New Balance Minimum Payment Due Payment Due Date $773.00 April 4, 2010 Late Payment Warning: If we do not receive your minimum payment by the date listed above, you may have to pay a late fee from $15.00 to $39.00 and your APRs may be increased to the Penalty APR of 24.99%. Minimum Payment Warning:lf you make only the minimum payment each period, you will pay more in interest and it will take you longer to pay off your balance. For example: If you make no additional You will pay off the And you will end up paying charges using this card balance shown on an estimated total of.. and each month you this statement in pay... about... Only the minimum 14 Years $4,677 Payment $89 3 Years $3,203 (Savings = $1,474) If you would like information about credit counseling services call 1-866-569-2227. Payment Address: UNION PLUS Credit Card, PO Box 17051, Baltimore, MD 21297-1051 Billing Inquiries: UNION PLUS Credit Card, PO Box 80027, Salinas, CA 93912-0027 Manage Your account online at www.unionpluseard.com 0 As a reminder, you may pay your credit card bill online or through our automated phone system for no fee. Trans Date Post Date Description of Transaction or Credit Trans Date Post Date Description of Fees 03/07/10 03/07/10 LATE CHARGE ASSESSMENT Total Fees For This Period Description of Interest Charge INTEREST CHARGE ON CASH ADVANCES INTEREST CHARGE ON PURCHASES INTEREST CHARGE ON BALANCE TRANSFERS Total Interest For This Period Amount $8.91 $23.48 $9.46 $41.85 Purchase Type Total fees charged in 2010 $39.00 Total interest charged in 2010 $41.85 Detach and renao bottom portion with your pay- ?.e'a?v • Sr S `N..O N c 010003 5 N 09 0000003000 6 STMTXT 2 3 UNPL00M9XXXXMEMBXXXX I1100 EXCPT See reverse side for important information EXHIBIT 1 LARRY LEWIS 1809 HEISHMAN GDNS CARLISLE PA 170131033 1111'11'III'hllllll?llllll?llll'll'lllldllllllllll?lll'111'I Account Number: 4788-2900-4722-9114 New Balance $2,238.48 Minimum Payment Due $773.00 Payment Due Date 04/04/2010 Include account number on check to UNION PLUS Credit Card. Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. 010 AMOUNT ENCLOSED UNION PLUS CREDIT CARD PO BOX 17051 BALTIMORE MD 21297-1051 'gIIIIl11PI?IIP"Irllall'I"PII?I'?4hlllll"19'1'11'1 478829004722911400077300002238485 Reference Number Amount Reference Number Amount 10000030000000999974990 $39.00 $39.00 MAIL HANDLERS VISA LARRY LEWIS MAIL HANDLERS Visa Account Statement Account Number 4788-2900-4722-9114 Page 2 of 2 From February10 2010 to March 10, 2010 Your Annual Percentage Rate (APR) is the annual interest rate on your account. Type of Balance Annual Percentage Rate (APR) Balance Subject to Interest Rate Interest Charge CASH ADVANCES 20001 24.99% (v) $464.99 $8.91 BALANCE TRANSFER 24.99% (v) $493.50 $9.46 40565 PURCHASES 10001 24.99% (v) $1,224.78 $23.48 BALANCE TRANSFER 24.99% (v) $0.00 $0.00 41111 v=Variable Rate Do you have questions about retirement? Visit the Union Plus Retirement Planning Center for answers. Learn about planning for retirement and how to manage your money and lifestyle afterwards. Plus get the latest information on social security and pensions. Visit UnionPlusRetirement.org to access the retirement resources you need. The Union Plus Moving Van Discount offers savings on interstate moving, packing and in-transit storage from two of the most trusted names in moving - Allied and North American Van Lines. Plus, get increased insurance coverage; waiver of increased summer rates; and on-time delivery guarantee. Visit UnionPlus.org/Moving or call 1-800-871-8864 (Allied Van Lines) and 1-800-524-5533 (North American Van Lines) and reference Union Plus to use the discount. 010003 5 N 09 0000003000 G STMTXT 2 3 UNPLDOMHXXXXMEMBXXXX 11100 EXCPT 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. ?/?4,,, ?Yhe??w VALERIE DEMARAIS 08232442 4788290047229114 $2238.48 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY h1L~~~'~-~~~f~t- ('~ i1~ ?~-~~ f`r ~ • 4 ~t~f ~(~',~ ~ :~F ~.ui i ~~~~~~~ I pE1VUSY~.V~lIA HSBC Bank Nevada, NA Case Number vs. 2010-5646 Larry Lewis SHERIFF'S RETURN OF SERVICE 09/07/2010 07:43 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 7, 2010 at 1943 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Larry Lewis, by making known unto Gladys Lewis, Wife of defendant at 1809 Heishman Gardens, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $33.40 September 10, 2010 DENNIS RY, DEP SO ANSWERS, ~~ RON R ANDERSON, SHERIFF l g0 9 I~~i 5!-Nngn/ G~eo~ws CAR ~~sC.~ P>4 I ~ 013 - Iv 3 3 State of ( Pennsylvania l-~ S gc g~k nI Evr~-vr~ , N. /~ . Plaintiff, Vs. Lq~ ~ LEwis Defendant(s) FIE.ED-OFFICE c~F THE PRQTNONOTARY 2010 OCT -$ AM I ! ~ 32 ~l1MBERLAND C011NT`~ PENNSY~~A~l1A ), ( ~ U M QSI 2C~~~ )County Cause/Case No. ( ~ ~ - spy b c ~1 ~ j~-~ r~~y L~ W 1 S ("Defendant"), hereby answers the complaint of ~-~-5 ~ ~' (~/kn/IC NEV40l.~"Plaintiff") for it's self alone as follows and generally denies the allegations due to the complaint based on lack of information and belief. First Affirmative Defense "(Agreement to Arbitrate) The credit card agreement may state that disputes may be resolved by binding arbitration. Defendant elects to have all disputes related to the credit card agreement resolved by binding arbitration." Second Affirmative Defense "(Amount in Dispute) The account balance claimed by plaintiff is not accurate and the total amount that is owed, if any, is in dispute." Third Affirmative Defense "(Financial Hardship) Due to a serious financial crisis, defendant does not have sufficient funds to pay the full amount of the undisputed debt,. if any. ~ ~ ~ ~ ~ ~ /~ / ,w „~ 5 (~N D Z I~r(L~ O l~ L 1 rh t'C~c ~ F. ~ ~ ~n- cam. t: S AND W~-n~5~= D ~ fit. (~ l(~1~ COS 1 O ~ ~~~ ST (~r~-r~s w~«I eo~i~uE i a e[.,,Ka o~ avR crZ~~T dos Z-~ sE~-w.s ~v ~YLy Mo ~rT1.1 o v,~ l~ cour~T Iri~4-4~~s ~o ~,pwrJ ~ c_~.( L ~ ~t~. ~w~ o v 2 ~ 1 n11 r-1U w~ P /~(M GAS ~ aC-.1't 14~-E '~'~ 6~`I ~y Q /~'t,(~+~t ~~S lt/ ~ L t4N Y~rl~~ ~'b w~n--lam ~ ~41-~s ~ ~ w-~.. W~ pa Inro T ~ ~Ny '~- W E d ~,/~= T~E Ar~1D W EQx 1 ~-2C: COn1 S ~ D ~~1 n/ G ~jgM~~/P~ Qi2oG~OJ~t S W 1-I'tr-E-~ U/Ic Y-~l~-~ 1~ ~ -Ta ~, (.~ Fo r2 ~-rvy, l-I•ow o ~ w tk~clk t,JE ~o,~~T wi/~-+~,-r -~o s7 ©. I'a-T p ~,,~ ~- 6 e s w E t/~(- ~ ~ s ~~o ~ ~n 6 o-c~4 (3E -2~t ~.~: ~ f3 ~T -~' T1-k s STl4~o ~ o ~ o J~2 ~~ ~ ~ S w ~ ~ iJ`T ~JoW u/ ~ ~.cl~ ~-~ ! b ~~'e^~ • W ~ Irv ~ S~ 6N ~ orl Tb /~ ~ ~~3 i C~v wcEC~~ ~ S Oev- Cam. t N i~o~ ~~ T~-~4T ktE ~~`T t-I-~rc% 'N C~a t~~ ~r~I~P~-~ (~JT~~c~ ~v~ r~~J c=Kll~ T~ a.1R ~~~ cx~~- ~~sl~-~Qs . Tlkr~" Co-ti.,p~-~ 1 s ~ ~~A-ww~D ~•,~/a*f c~q-L C~2ovF WHEREFORE, Defendant requests that: PO ~U~ 02-~ ~fJ 1. Plaintiff takes nothing by way of his complaint; and ~~~r (~~[k ~ `~~~ l_g~a ~4~'l~' tQ 2. For Defendants costs of suit. CL, `~ •~ #"' oZ 65 yy/ Dated: ` p f f~ I ~~ Signature ~~w~ Printed Name Defendant in Pro Per FILED-OFFICE OF THE PROTHONOTARY 2010 NOV 29 PM 2: 56 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. LARRY LEWIS Defendant(s) No. 10-5646 CIVIL TERM PRAECIPE TO SETTLE, DISCONTINUE AND END WITH PREJUDICE TO REFIL,E FILED ON BEHALF OF Plaintiff COUNSEL OF RECORD OF THIS PARTY: Benjamin R Bibler, Esquire PA I.D. #93598 WELTMAN, WEINBERG & REIS CO., L.P.A 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8232442 JAM IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. Civil Action No. 10-5646 CIVIL TERM LARRY LEWIS 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: PA I.D. #9f59 WELTMA EINBERG & REIS CO., L.P.A 1400 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#8232442 Sworn to and subscribed Before me the Day of Zo?p COMMONWEALTH OF PENNSYLVANIA NCUMAi Seal Wayne A. Jones, Notary Public City of Pl=burgh, Allegheny County M CArtlfil"Oh be Iris June 292014 Mormbw, nnay vamla Ammiatlom NotaMai