HomeMy WebLinkAbout10-5659SLED-OFFICE
or VE
CWB= dG cout 1f
Pei \1 '3yWM A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
vs.
KATHY L DAVIS
Defendant
No : it) - $(057 a•1 VA t -(em
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
08232450 C N Pit CXC
G
#ga.oo PD ATrl
& 9 Lr7s90
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
vs.
KATHY L DAVIS
Defendant
Civil Action No
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:
KATHY L DAVIS
23 BLUE SPRUCE DR
ENOLA, PA 17025
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXX6019 . 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 $8130.57 , 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 , KATHY L DAVIS , individually , in the amount of
$8130.57 with continuing interest thereon at the rate of 6.000% per
annum from date of judgment plus costs.
James
WELTM
436 S
Pitts
(412)
FAX:
0823
This law firm is a debt collector atte
our client and any information obtaine
Warmbrodt,42524
WEINBERG & REIS CO., L.P.A.
Avenue, Suite 1400
PA 15219
?-?955
338-7130
C N Pit CXC
ng to collect this debt for
11 be used for that purpose.
MEN VISA
BRO OF RR SIGNAL
HY L DAVIS
~
KAT BRO OF RR SIGNALMEN \"isa Account Statement
Account Number 4788-2900-5697-6019
Page 1 of 2 From Febt oary 4. 2010 to March 7 2010
Previous Balance $7,921.50 New Balance $8,130.57
00
$1
872
Payments - $0.00 ,
.
Minimum Payment Due
2010
April 1
Other Credits - $0.00 ,
Payment Due Date
Purchases/Debits +
+ $0.00
$0.00
Late Payment Warning: If we do not receive your minimum payment by the
Balance Transfers
Cash Advances + $0.00 date listed above, you may have to pay a late fee from S 15.00 to $39.00 and
Past Due Amount $1,581.00 your APRs may be increased to the Penalty APR of 24.99%.
Fees Charged +
Interest Charged + $39.00
$170.07
Minimum Payment Warning:lfyou make only the minimum payment each
New Balance $8,130.57 period, you will pay more in interest and it will take you longer to pay off your
balance. For example:
Credit Limit .
57,
Credit Available $0.00
Cash Limit t $1,750.00
Cash Available $0.00
Statement Closing Date March 7, 2010
Days in Billing Cycle 31
tCash Limit is a portion of Total Credit Limit. 000
00
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 26 Years $20,675
Payment
5323 3 Years $11,636
(Savings = S9,039)
If you would like information about credit counseling services call
1-866-569-2227.
Questions? Payment Address: UNION PLUS Credit Card, PO Box 17051, Baltimore, MD
24-Hour Customer Service 1-800-622-2580 21297-1051
Lost or Stolen Card 1-800-651-5116 Billing Inquiries: UNION PLUS Credit Card, PO Box 80027, Salinas, CA
Outside USA Collect 1-702-243-1575 93912-0027
TDD/Hearing Impaired 1-800-395-9020 Manage Your account online at www.unionpluseard.com
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 Purchase Type Reference Number Amount
Trans Date Post Date Description of Fees Reference Number Amount
03/01/10 03/01/10 LATE CHARGE ASSESSMENT 10000030000000999970910 $39.00
Total Fees For This Period $39.00
Description of Interest Charge Amount
INTEREST CHARGE ON CASH ADVANCES $0.00
INTEREST CHARGE ON PURCHASES $170.07
INTEREST CHARGE ON BALANCE $0.00
TRANSFERS
Total Interest For This Period $170.07
Total fees charged in 2010 $39.00
Total interest charged in 2010 $170.07
Dutch am ,som boom portion with your PaYmeeL 010003 5 N 06 00000030DO G STMTXT 2 1 UNPLOOECXXXXFMLYXXXX 6576 EXCP'r See reverse side for important hdonnabon
------------------------------------------------------------------------------------------------------------------------------'
c°
c
? e? i
ryglt?
1
KATHY L DAVIS
23 BLUE SPRUCE DR
ENOLA PA 17025-2080
pllliihllidialllu141iimIi916??nPiPhdglyilitplll
Account Number: 4788-2900-5697-6019
New Balance $8,130.57
Minimum Payment Due $1,872.00
Payment Due Date 04/0112010
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
IIIdhIIaIIdIlt?t?ItdtliPr4?IPirli?4hlllti4lddlt?li
478829005697601900187200008130575
BRO OF RR SIGNALMEN VISA
KATHY L DAVIS
BRO OF RR SIGNALMEN Visa Account Statement
Account Number 4788-2900-5697-6019
Page 2 of 2 From February 4, 2010 to March 7 2010
Your Annual Percentage Rafe (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 24.99% (v) $8,012.22 $170.07
CASH ADVANCES 20001 24.99°/ (v) $0.00 $0.00
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 06 00000030M G STMTXT 2 1 UNPL00ECXXXXFMLYXXXX 6576 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.
TVM-4?1 bot-M41AA-10
VALERIE DEMARAIS
08232450
4788290056976019
$8130.57
A049
WELTMAN, WEINBERG & REIS CO., L.P.A.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
HSBC Bank Nevada, NA
Case Number
S.
KathyvsL. Davis 2010-5659
SHERIFF'S RETURN OF SERVICE
09/14/2010 07:46 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on
September 14, 2010 at 1946 hours, he served a true copy of the within Complaint and Notice, upon the
within named defendant, to wit: Kathy L. Davis, by making known unto herself personally, at 23 Blue
Spruce Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing
to her personally the said true and correct copy of the same.
RYAN BURGETT,
SHERIFF COST: $41.50
September 15, 2010
SO ANSWERS,
RON R ANDERSON, SHERIFF
`C
cc)
V-
? r3
-G
t
Defendant KATHY DAVIS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HSBC BANK, NEVADA N.A.,
Plaintiff,
V5.
KATHY DAVIS
Defendant.
Case No.: 10-5659 -Civil Term
CIVIL ACTION -LAW
c-~ ~ -~~
~
-~ cry ~,
cn --~
~-~
~~ -° ~~
C.n ~ 1V i3 ~
'~~
"l7 '.";O
~'T'i
-
'
C'? O
r
1
:~
~ G~ ,~,,,S fT1
--~ ~-~
ANSWER
AND NOW, this 20~' day of September 2010, comes the defendant KATHY DAMS,
who admits, denies, and alleges as follows:
1. Defendant, KATHY DAMS, admits to the facts contained in paragraph one, that the plaintiff,
HSBC BANK, NEVADA N.A. is a corporation with offices at 61111 TOWN CENTER
DRIVE, LAS VEGAL, NV 89193-8724.
2. Defendant, KATHY DAMS, admits to the facts contained in paragraph two, that she is an
adult individual residing 23 Blue Spruce Drive, Enola, PA 17025.
3. Defendant, KATHY DAMS, admits facts alleged in pazagraph three, that she applied for and
received a credit card bearing the account number 6019.
4. Defendant, KATHY DAMS, admits the facts alleged in paragraph four, that she made use of
said credit card but denies current a balance due and owing as of August 16, 2010 in the
amount of $8130.57.
5. Defendant, KATHY DAMS, admits facts alleged in paragraph five, that she is in default by
having not made monthly payments when due and as such that the entire balance is
immediately due and payable to Plaintiff.
6. Defendant, KATHY DAMS, admits facts alleged in paragraph six, that although repeatedly
requested to do so, she has willfully failed and/or refused to pay the principal balance, finance
charges or any part thereof.
WHEREFORE, the defendant respectfully requests this honorable court enter judgment
in favor of the defendant and that Complainant take nothing by said Complaint; that
Defendant recover its cost of action herein; and such other relief as the Court may deem
proper.
Respectfully submitted,
DATED: September 20, 2010
I~~~-cl- ~1~ U rs
Defendant KATHY DAMS
VERIFICATION
I, Defendant, KATHY DAMS, verify that the facts set forth in this answer are true and
correct to the best of my knowledge, information, and belief
DATED: ~~
~a~~ ~?Q,u /~
Defendant KATHY DAMS
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next
Argument Court.)
CAPTION OF CASE
(entire caption must be stated in full)
HSBC BANK NEVADA, NA
KATHY L DAVIS
vs.
...?
------------------------ - ----------------
Y!? ;ter
No. 10-5659 CIVIL No.
1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to
complaint, etc.):
Motion for Summary Judgment
2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Benjamin R. Bibler, Esquire; 436 Seventh Ave, Suite 1400, Pittsburgh, PA 15219
(Name and Address)
(b) for defendants:
Kathy L Davis, Pro Se; 23 Blue Spruce Drive, Enola, PA 17025
(Name and Address)
3. 1 will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date: 12/15/2010
Date: 11/9/10
Print y r n e
Benjamin R. Bibler
Attorney for %Y\-; W
z
INSTRUCTIONS:
1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR
(not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 12 days prior to argument.
3. The responding party shall file their brief 5 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case is relisted.
CERTIFICATE OF SERVICE
A true and correct copy of the within Praecipe for Listing Case for Argument was served by U. S.
Mail, postage prepaid, this t day of, 1AQk-* 1h±/ 2010 upon the following:
Kathy L. Davis
23 Blue Spruce Drive
Enola, PA 17025
By:
Ben min R. Bibler,Esquire
PA D# 90598
We n, Weinberg & Reis CO L. P.A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, NA,
Plaintiff,
VS.
KATHY L DAVIS,
Defendant.
Case No.: 10-5659-CIVIL TERM
MOTION FOR JUDGMENT ON
THE PLEADINGS
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 .x
(412) 434-7955
3
?j
T?Y:y
t
WWR No. 8232450
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, NA,
Plaintiff, Case No.: 10-5659-CIVIL TERM
vs.
KATHY L DAVIS,
Defendant.
MOTION FOR JUDGMENT ON THE PLEADINGS
AND NOW COMES, Plaintiff, by and through its counsel, Weltman, Weinberg & Reis, Co.,
L.P.A., and hereby files this Motion for Judgment on the Pleadings and respectfully moves this Court
pursuant to Pennsylvania Rule of Civil Procedure 1034 for judgment on the pleadings. In support thereof,
Plaintiff avers as follows:
1. This action arises out of the accumulation of credit card debt by Defendant.
2. Plaintiff filed a Complaint against Defendant seeking judgment in the amount of
$8,130.57 with additional interest at the rate of 6.00% per annum from date of judgment, and costs. A
true and correct copy of the Complaint is attached hereto as Exhibit "A" and made a part hereof.
3. Attached to the Complaint was Verification from an authorized representative of Plaintiff
verifying the accuracy of the amount sought. See Exhibit "A".
4. Defendant Pro Se filed an Answer in response to the Complaint, admitting all of the
material facts pled in the Complaint. A true and correct copy of Defendant's answer is attached hereto as
Exhibit "B" and made a part hereof.
WWR No. 8232450
5. Under Pennsylvania Rule of Civil Procedure 1029(b), the averments of the pleading to
which a response is required are deemed admitted when not denied specifically.
6. Defendant's answer contained no meritorious defenses asserted through New Matter.
7. Under Pennsylvania Rule of Civil Procedure 1032(a), "a party waives all defenses and
objections which are not presented either by preliminary objection, answer or reply..."
8. The pleadings are closed and time exists to dispose of this Motion before trial.
9. No genuine issue of material fact exists as to Plaintiff's claim.
10. Plaintiff is entitled to judgment in its favor as a matter of law on the amount sought in the
Complaint.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order
directing judgment on the pleadings in favor of Plaintiff and against Defendant, Kathy L. Davis, in the
amount of $8,130.57 with additional interest at the rate of 6.00% per annum from date of judgment, and
costs.
Respectfully Submitted:
PA 1.14 #9359
WEL N, INBERG & REIS CO., L.P.A.
1400 Ko s Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
WWR No. 8232450
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff No:
vs.
KATHY L DAVIS
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
08232450 C N Pit CXC
EXHIBIT
A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
vs. Civil Action No
KATHY L DAVIS
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 deferises 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:
KATHY L DAVIS
23 BLUE SPRUCE DR
ENOLA, PA 17025
3. Defendant applied for and received a credit card bearing the
account number XXXXXXXXXXXXG019 . 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 $8130.57 , 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 KATHY L DAVIS , individually , in the amount of
$8130.57 with continuing interest thereon at the rate of 6.000.- per
annum from date of judgment plus costs.
WEL WEINBERG & REIS CO., L.P.A.
436 Se e th Avenue, Suite 1400
Pitts ur , PA 15219
(412) 43 -7955
FAX: 412 338--7130
0823 45 C N Pit CXC
This law firm is a debt collector attem t ng to collect this debt for
our client and any information obtained ill be used for that purpose.
BRO OF RR SIGNALMEN VISA:
KATHY L DAVIS `ice t
BRO OF RR SIGNALMEN Visa Account Statement
Account Number 4788-2900-5697-6019
Previous Balance 57921.50
Payments $0.00
Other Credits $0.00
PuschasesiDebits + $0.00
Balance Transfers + $0.00
Cash Advances + $0.00
Past Due Amount - $1,581.00
Fees Charged + $39.00
Interest Charmed + $110.07
New Balance $8,130.57
Credit Limit - $7,00000
Credit Available $0.00
Cash Limit t $1,750.00
Cash Available $0.00
Statement Closing Data March 7, 2010
Days in Billing Cycle 31
tCash Limit is a portion of Total Credit Limit.
Questions?
24-Hour Customer Service 1.800.622-2580
Lost or Stolen Card 1-800.651-5116
Outside USA Collect 1-702.243-1575
TDI) learing Impaired 1.800-395-9020
New Balance 58,130.57
Minimum Payment Due $1,872.00
Payment Due Date April 1, 2010
Late Payment Warning: if we do not receive your minimum payment by the
date listed above, you may love to pay a late foe from S15.00 to $39.00 and
your APRs may be increased to the Penalty APR of 2419X.
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 snake no additional You will pay off the And you will end up prying
charges using this card balance shown on an estimated total of..
and each month you this statement in
pay about...
Only the minimum 26 Years $20,675
Payment
$323 3 Years $11,636
(Sovingt - $9,039)
If you would like infonnation about credit counseling services "It
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.unionpluscard.com
As a reminder, you may pay your credit card bill online or through our automated phone system for no Inc.
Trans Data, Post Date Description of Trammatkm or Credit Purehaas Type Reference Number Amount
Trans Date Post Date Description of Fear Reference Number Amount
03/01/10 03/01/10 LATE CHARGE ASSESSMENT 10000030000000999970910 $39.00
Total Fees For This Period 539.00
Dersortption of Interest Charge Amount
INTEREST CHARGE ON CASH ADVANCES 50.00
INTEREST CHARGE ON PURCHASES $170.07
INTEREST CHARGE ON BALANCE - $0.00
TRANSFERS
Total Interest For This Period $170.07
Total fees charged in 2010 $39.00
Total interest charged in 2010 $170.07
Drusa.d r.mrobsaan pork'. vid:x.a p.ymcw.
-------------------------------
01000) 5 N 06 0000003NO G STWXT I I UNPLODECXXXXrWXXXXX 6576 E:CTT 310 stance sale for Imptmmnt Mbrmaaon
-------------------------------------------------- -----------------------------------------
rXHi?iT
1
KATHY L DAVIS
23 BLUE SPRUCE OR
ENOLA PA 17025-2080
if-411 111%4U IhPOWN
Account Number: 4788-2900-5697-6019
New Balance $8,130.57
Minimum Payment Due $1,872.00
Payment Due Date 04/01/2010
Include account number on cheek to UNION PLUS Credit Card. Do
not send cash. Pleat send your payment 7 to 10 days prior to the
payment dac date to ensure timely delivery.
010 AMOUNT
ENCLOSED
UNION PLUS CREDIT CARD
PO BOX 17051
BALTIMORE MO 21297-1061
Ih?NiII?INldg1414?IPIiH???lhi??r?khlil,
478829005697601900187200008130575
BRO OF RR SIGNALMEN VISA
KATHY L DAVIS
Cpl
SRO OF RR SIGNALMEN Visa Account Statement
Account Number 4788-2900 56976019
Pare 2 of 2 From February 4, 2010 ro Marcb 7, 2010
Yaw Annual Paaentags Rafe (APR) is the annual interest roe on your aaotmt.
Type of Balance Antral Pereen"o Rate (APR) Balance Subject to Interest Rate - Interest Charge
PURCHASES 10001 24.999% (v) $8,012.22 S170.07
CASH ADVANCES 20001 24.99% (v) $0.00 50.00
SALANCETRANSFER 24.99% (v) $0.00 50.00
41111
-Paria&e Rare
Do you have questions about redrament7 Visit the Union Plus Retirement Planning Center for answers. Learn about planning for retirement and how to manage your
money and lifeftylc afterwards. Plus get the latest information on social security and pensions. Visit UnionPbssRalirement.org to access the retirement resources you
need.
The Union Plus Moving Van Discount offers savings of interstate proving, Packing and in-transit storage from two of the most trusted names in moving - Allied and
North American Van Lines. Pius, got ineroased insurance coverage; waiver of Increased summer rates; and on-time delivery guarsmea. Visit UnionPlus.orgNoving or
call 1-800-871-8864 (Allied Van Lucas) and 1-800.524.5533 (North American Van Lines) and reference Union Pius to use the discount.
0100035N 06 6000663000 0 ST11= 21 UNrL0660XWMLYXRXX 6576 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.
lyk&4?1 40V74-1 6A-'O
VALERIE DEMARAIS
08232450
4788290056976019
$8130.57
A049
WELTMAN, WEIN13ERG & REIS CO., L.P.A.
Defendant KATHY DAVIS
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HSBC BANK, NEVADA N.A.,
Plaintiff,
vs.
KATHY DAVIS
Defendant.
Case No.: 10-5659 - Civil Term
CIVIL ACTION - LAW
EXHIBIT
ANSWER
AND NOW, this 20`h day of September 2010, comes the defendant KATHY DAVIS,
who admits, denies, and alleges as follows:
1. Defendant, KATHY DAVIS, admits to the facts contained in paragraph one, that the plaintiff,
HSBC BANK, NEVADA N.A. is a corporation with offices at 61111 TOWN CENTER
DRIVE, LAS VEGAL, NV 89193-8724.
2. Defendant, KATHY DAVIS, admits to the facts contained in paragraph two, that she is an
adult individual residing 23 Blue Spruce Drive, Enola, PA 17025.
3. Defendant, KATHY DAVIS, admits facts alleged in paragraph three, that she applied for and
received a credit card bearing the account number xxxxxxxxxxxx6019.
4. Defendant, KATHY DAVIS, admits the facts alleged in paragraph four, that she made use of
said credit-card but denies current a balance due and owing as of August 16, 2010 in the
amount of $8130.57.
5. Defendant, KATHY DAVIS, admits facts alleged in paragraph five, that she is in default by
having not made monthly payments when due and as such that the entire balance is
immediately due and payable to Plaintiff.
6. Defendant, KATHY DAVIS, admits facts alleged in paragraph six, that although repeatedly
requested to do so, she has willfully failed and/or refused to pay the principal balance, finance
charges or any part thereof.
WHEREFORE, the defendant respectfully requests this honorable court enter judgment
in favor of the defendant and that Complainant take nothing by said Complaint; that
Defendant recover its cost of action herein; and such other relief as the Court may deem
proper,
Respectfully submitted,
DATED: September 20, 2010
Defendant KATHY DAVIS
VERIFICATION
I, Defendant, KATHY DAVIS, verify that the facts set forth in this answer are tnie and
correct to the best of my knowledge, information, and belief
DATED: q IZ0 /0
o:
Defendant KATHY DAVIS
CERTIFICATE OF SERVICE
A true and correct copy of Plaintiff's Motion for Judgment on the Pleadings and Brief in support
thereof has been served by U.S. Mail, Postage Pre-Paid, on 17 day of
t Q VfM 6W , 2010, upon the following:
Kathy L. Davis
23 Blue Spruce Drive
Enola, PA 17028
BY:
PA W. #93
436 9eygath-Avenue
Pittsburgh, PA 15219
(412) 434-7955
& REIS CO., L.P.A.
WWR No. 8232450
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
HSBC BANK NEVADA, N.A.,
Plaintiff,
vs.
KATHY L DAVIS,
Defendant.
CIVIL DIVISION
NO. 10-5659 CIVIL TERM
TYPE OF PLEADING:
PRAECIPE TO WITHDRAW
MOTION FOR JUDGMEftT
- r.,,
ON THE PLEADINGS ':- c=
cz
j
i
-r,
71J M
C7 M-
rn
y ,,
G?
ma
r--: w --4c:)
<o -? x-n
y? rv C
FILED ON BEHALF OF-< cn .7-0
Plaintiff
COUNSEL OF RECORD FOR
THIS PARTY:
Benjamin R. Blbler, 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#: 08232450
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.,
Plaintiff
VS.
KATHY L DAVIS,
Defendant
NO. 10-5659 CIVIL TERM
PRAECIPE TO WITHDRAW MOTION FOR JUDGMENT ON THE PLEADINGS
At the request of the undersigned attorneys for the Plaintiff, you are directed to withdraw the Motion For
Judgment on the Pleadings, which is scheduled for argument on Wednesday, December 15, 2010. Defendant has
filed a Chapter 13 Bankruptcy, on 11/30/10 at Case# 10-09702, as to the above referenced case number.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By: `??,.d Y/
Benja Bibler, Esquire
P D. #93598
)WELTMAN, WEINBERG & REIS CO.,
P. A.
1400 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
W WR#: 08232450
CERTIFICATE OF SERVICE
A true and correct copy of the Praecipe to Withdraw Motion for Judgment on the
Pleadings, has been served by First Class Mail, postage pre-paid, on day of
:1> te/ex?4- - , 2010 upon the following:
KATHY L DAVIS
23 BLUE SPRUCE DR
ENOLA,PA 17025
And
RICHARD MOSSLER, ESQUIRE
THE MOSSLER LAW FIRM P.C.
POB 279,
JAMESTOWN, IN. 46147
By:
L a
FILED- U?-JC''.
J-f
C`UMBEPLAN co, , -
°`
PENNSYLVA N s`"A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND (AUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
vs.
KATHY L DAVIS
Defendant(s)
No. 10-5659 CIVIL, TERM
PRAECIPE TO SETTLE, DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
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#8232450 JAM
i ¦
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
HSBC BANK NEVADA, N.A.
Plaintiff
vs. Civil Action No. 10-5659 CIVIL TERM
KATHY L DAVIS
Defendant(s)
PRAECIPE TO SETTLE DISCONTINUE
AND END WITHOUT PREJUDICE TO REFILE
TO THE PROTHONOTARY OF Cumberland COUNTY:
SIR:
Kindly settle, discontinue and end without prejudice to refile the above-captioned matter upon the records
of the Court and mark the costs paid.
SWORN TO AND SUBSCRIBED
before me this G; day
of , 2010
NOTARY PUBLIC
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
Benja i
PA I. #935
Wr Y MAN, EINBERG & REIS CO., L.P.A.
Notanal seal '
I Wendy L. Gault, Notary Public
city of Pittsburgh, Allegheny county
My commission Expires ]uly 15, 2014
r'?c{ penIsv?vania Assoclatlon of Ncrta!ie:M
enth Avenue
Pittsburgh, PA 15219
140%OMM9NWEAI?? Kop s Building
(412)434-7955
436 OtNNlYI?VAN1?