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Home My WebLink About10-5658OF THE p; 'OTARY .^ ern _ 410= 4$ tj PENNSYLV COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff No: lb - 5(058 a-, Vi I -re-ro, vs. LINDA J MARTIN 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 08131653 C N Pit CXC #Qa.DD PO ArN all 474as o a y 7s89 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. Civil Action No LINDA J MARTIN 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: LINDA J MARTIN 12 SPRING GARDEN EST CARLISLE, PA 17015 3. Defendant applied for and received a credit card bearing the account number XXXXXXXXXXXX6739 . 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 $1883.59 , 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 , LINDA J MARTIN , individually , in the amount of $1883.59 with continuing interest thereon at the rate of 6.000% per annum from date of judgment plus costs. James C War ro t,42524 WELTMAN WEINBERG & REIS CO., L.P.A. 436 Se e th Avenue, Suite 1400 Pittsb r h, PA 15219 (412) 3 -7955 FAX: 12 338-7130 0813 5 C N Pit CXC This law firm is a debt collector attemp g to collect this debt for our client and any information obtained 11 be used for that purpose. HSBC m PLATINUM MASTERCARD Platinum MasterCard Account Statement Account Number 5215-3188-3718-6739 Pagel of 2 From February 2, 2010 to March 2, 2010 Previous Balance $1,883.59 Payments - $0.00 Other Credits - $0.00 Pumhases/Debits + $0.00 Balance Transfers + $0.00 Cash Advances + $0.00 Past Due Amount $714.00 Fees Charged + $39.00 Interest Charged + $0.00 New Balance $1,922.59 Credit Limit $0.00 Credit Available $0.00 Statement Closing Date March 2, 2010 Days in Billing Cycle 26 New Balance $1,922.59 Minimum Payment Due $820.00 Payment Due Date March 27, 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 $19.00 to $39.00 and your APRs may be increased to the Penalty APR of 31.99%. Minimum Payment Warning:If 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 12 Years $4,183 Payment $84 3 Years $3,014 (Savings = $1,169) If you would like information about credit counseling services call 1-866-569-2227. Questions? Payment Address: HSBC Card Services, PO Box 17332, Baltimore, MD 24-Hour Customer Service 1-888-385-8916 21297-1332 Lost or Stolen Card 1-888-292-3629 Billing Inquiries: HSBC Card Services, PO Box 80026, Salinas, CA Outside USA Collect 1-716-841-7141 93912-0026 TDD/Hearmg Impaired 1-800-655-9392 Manage Your account online at www.hsbccreditcard.com ks a reminder, you may pay your credit card bill online or through our automated phone system for no fee. 'our account is over the credit limit. Please pay your total due of $1,922.59, which includes your Minimum Payment Due and any additional over the credit limit mount. Trans Date Post Date Description of Transaction or Credit Trans Date Post Date Description of Fees 02/27/10 02/27110 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 Detsch snd repro bosom portico with yow paymeor ______________________________ HSBC m Purchase Type Reference Number Amount Reference Number Amount 10000004000000999505310 $39.00 $39.00 Amount $0.00 $0.00 $0.00 $0.00 1402015 Z 02 0000000400 G STMTXO E F 2820 EXCPT EXH11BlT LINDA J MARTIN 12 SPRING GARDEN EST 12 SPRING GARDEN EST UNIT ES CARLISLE PA 170159257 IIIIIIillllrll"II'HIIt1111t1111111111'11'11191'PIIII'lll IIII See reverse side for Important information Account Number: 5215-3188-3718-6739 New Balance $1,922.59 Minimum Payment Due $820.00 Payment Due Date 03/27/2010 Include account number on check to HSBC Card Services. Do not send cash. Please send your payment 7 to 10 days prior to the payment due date to ensure timely delivery. 140 AMOUNT ENCLOSED HSBC CARD SERVICES PO BOX 17332 BALTIMORE MD 21297-1332 IId4'Idr411'?111hIh4U'dn'11P'I'44"111141111"r1 521531883718673900082000001922591 HSBC ID PLATINUM MASTERCARD Platinum MasterCard Account Statement Account Number ""-3188-3718.6739 Page 2 of 2 From February 2, 2010 to March 2, 2010 Total fees charged in 2010 $39.00 Total interest charged in 2010 $0.00 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 PURCHASES 10001 31.99% $0.00 $0.00 CASH ADVANCES 20001 20.99% $0.00 $0.00 BALANCE TRANSFER 14.99% $0.00 $0.00 41111 v= variable Rate 140201 5 Z 02 0000000400 0 STMTXO E F 2820 EXCPr 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, NICOLE HEADRICK, 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. 08131653 5215318837186739 $1883.59 A049 WELTMAN, WEINBERG & REIS CO., L.P.A. t 'At n COLE HEADRICK SHERIFF'S OFFICE OF CUMBERLAND COUNTY FlLEQ-~ ~'~~~ Ronny RAnderson rti~ E~-Ir fit,.-~` .,~,,.~T~~,~Y Sheriff , ,t ::. ~;, ~,_ Jody S Smith Chief Deputy Richard W Stewart Solicitor HSBC Bank Nevada, NA vs. Linda J. Martin ~~xsrxa .. ,.; ~ ;;~ '~ i() tc~' ~ t~~ $~ 53 F'EN~vSYLU,~N1A Case Number 2010-5658 SHERIFF'S RETURN OF SERVICE 09/09/2010 09:00 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on September 9, 2010 at 2050 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Linda J. Martin, by making known unto herself personally, at 12 Spring Garden Estate, Carlisle, Cumberland County, Pennsylvania 17015 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 F ,DEPUTY SO ANSWERS, ---~... RON R ANDERSON, SHERIFF FfLrD-OFF THC F :S n s „, ql F , 'G TA ?: HSBC BANK NEVADA, N.A. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Plaintiff No: 10-5658 CIVIL TERM VS. LINDA J MARTIN PRAECIPE FOR DEFAULT JUDGMENT 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 08131653 C N Pit JAM Judgment Amount $1883.59 00 fa ? N`4"? `? HSBC BANK NEVADA, N.A. Plaintiff VS. LINDA J MARTIN TO THE PROTHONTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Civil Action No. 10-5658 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT Kindly enter Judgment against the Defendant LINDA J MARTIN above named, in the default of an Answer, in the amount of $1883.59 computed as follows: Amount claimed in Complaint $1883.59 Less payments / adjustments made $0.00 Attorney's fees $0.00 TOTAL $1883.59 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. James C. Wa brodt,42524 08131653 C A Pit JAM Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, A 5219 And that the last known address of the Def ant is LINDA J MARTIN 12 SPRING GARDEN EST CARLISLE, PA 17015 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff vs. LINDA J MARTIN Defendant Case No. 10-5658 CIVIL TERM IMPORTANT NOTICE TO: LINDA J MARTIN 12 SPRING GARDEN EST CARLISLE, PA 17015 Date of Notice: YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN 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 THIS 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 WELTMAN,06#49M & REIS CO., L.P.A. rsy: .,r Matthew Urban P.A.I. D.# 90963 WELTMAN, WEINBERG & REIS CO., L.P.A. 436 Seventh Avenue, 1400 Koppers Building Pittsburgh, PA 15219 Phone: (412) 434-7955 8131653 N PIT T4L IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff VS. LINDA J MARTIN Civil Action No. 10-5658 CIVIL TERM NON-MILITARY AFFIDAVIT The undersigned is the duly authorized agent and/or attorney for the Plaintiff in the within matter and states as follows: Affiant 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 , LINDA J MARTIN is not in military service. Affiant further states that this belief is supported by the attached certificate from the Defense Manpower Data Center (DMDC), which states that the DMDC does not possess any information indicating that the below individual is in the military service: LINDA J MARTIN 12 SPRING GARDEN EST CARLISLE, PA 17015 Affiant further states that the averments contained herein are true and correct to the best of Affiant's knowledge, information and belief and that these averments are made subject to the penalties of 18 Pa C.S.A. Section 4904 relating to unsworn falsification to authorities. Request for Military Status Department of Defense Manpower Data Center AIM& Military Status Report Pursuant to the Service Members Civil Relief Act Page 1 of 2 Oct-27-2010 13:52:46 -: Last First/Middle Begin Date Active Duty Status Active Duty End Date Service A enc Name g y Based on the information you have furnished, the DMDC does not possess MARTIN LINDA J 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). ol,31 )4. 1 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 http://www.defenselink.mil/f aq/pis/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 10/27/2010 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:GT09M7JJND https://www.dmdc.osd.mil/appj/scra/popreport.do 10/27/2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION HSBC BANK NEVADA, N.A. Plaintiff VS. Civil Action No. 10-5658 CIVIL TERM LINDA J MARTIN NOTICE OF JUDGMENT OR ORDER TO: ( ) Plaintiff (xx) Defendant ( ) Garnishee You are hereby notified that the following Order of Judgment was entered against you on (xx) Assumpsit Judgment in the amount of $1883.59 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 Protho tary Y S174? 'L B : ?. ]PROTHONOTARY L LINDA J MARTIN 12 SPRING GARDEN EST CARLISLE, PA 17015 Plaintiff's address is: c/o WELTMAN, WEINBERG & REIS CO., L.P.A., 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 (412) 434-7955