HomeMy WebLinkAbout10-4897,w
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Main Street Acquisition Corp.
P.O.BOX 2529
SUWANEE, GA 30024
vs.
YONG S MIN
4 ARGALI LN
Mechanicsburg PA 17055-4860
Defendant
: CIVIL ACTION
71
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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 to
Defend 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 ON AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT REDUCED FEE OR NO FEE.
MIDPENN LEGAL SERVICES
401 EAST LOUTHER STREET
CARLISLE, PA 17013
717-243-9400
Plaintiff .
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Main Street Acquisition Corp.
P.O.BOX 2529 CIVIL ACTION
SUWANEE, GA 30024 ;
Plaintiff
VS.
NO:
YONG S MIN
4 ARGALI LN
Mechanicsburg PA 17055-4860
Defendant
COMPLAINT
Plaintiff, Main Street Acquisition Corp., by and through its attorneys, Edwin A.
Abrahamsen & Associates, P.C., complains of the Defendant as follows:
1. Plaintiff, Main Street Acquisition Corp., (hereinafter "Plaintiff") is a Georgia
corporation with a principal place of business located at P.O. BOX 2529 Suwanee, GA 30024.
2. The Defendant YONG S MIN (hereinafter "Defendant") is an adult individual
residing at 4 ARGALI LN Mechanicsburg PA 17055-4860.
3. At all relevant times herein, Plaintiff was engaged in the business of debt purchase
and collection.
4. Defendant applied for and received a credit card issued by First National Bank of
Omaha FNBO VISA Rewards Platinum with the account number 4412970107202606.
5. The within account was sold by First National Bank of Omaha FNBO VISA
Rewards Platinum to Main Street Acquisition Corp. for valuable consideration and all rights
under said accounts were assigned to Main Street Acquisition Corp.. (See, Affidavit attached
hereto as Exhibit "A".)
6. Use of the First National Bank of Omaha FNBO VISA Rewards Platinum credit
card was subject to the terms of the Cardmember Agreement, a copy of which was sent to the
Defendant along with the credit card. (See, Credit Card Agreement attached hereto as Exhibit
"B".)
7. Defendant used the First National Bank of Omaha FNBO VISA Rewards Platinum
credit card account number 4412970107202606, for purchases, cash advances and/or balance
transfers.
8. The Defendant was mailed account statements relative to the Defendant's use of the
subject credit card.(See, Account Statement attached hereto as Exhibit "C".)
9. The Defendant defaulted under the terms of the Agreement by failing and refusing
to make monthly payments on the account as they became due.
10. Defendant last made payment on February 5, 2009.
11. The principal amount was $8,431.16 at the time it was received by Plaintiff.
12. Pursuant to the account agreement, any unpaid balance accrues interest at the rate
of 6%.
13. The total amount due and owing the Plaintiff including interest, is $9,003.30.
WHEREFORE, Plaintiff requests judgment in its favor and against Defendant in the
amount of $9,003.30 plus costs of suit and any other relief as the Court deems just and
appropriate.
Respectfully submitted,
&dwin A. Abtahamsen & A
Michael F. Ratchford, Es ire
Attorney I.D. Nos.: 8628
120 North Keyser Ave.
Scranton, PA 18504
mratchford@eaa-law om
VERIFICATION
I, Michael F. Ratchford, attorney for Plaintiff, Main Street Acquisition Corp., am fully
familiar with the facts set forth in the within Complaint and am authorized to make this
Verification on behalf of Plaintiff. I Verify that the facts set forth in the within allegations are
true and correct to the best of my knowledge, knowing that any false statements are punishable
bylaw pursuant to 18 C.S.A. 4904.
EXV IRrT A
STATE OF GEORGIA )
) ss.
COUNTY OF GWINNETT )
PLAINTIFF'S AFFIDAVIT IN Si lppORT Oy CLAIM
BEFORE ME, personally appeared Katresha Hughley on behalf of Plaintiff, Main Street
Acquisition Corp., a Nevada corporation, ('!Plaintiff") who, after being duly sworn, deposes and says:
I. I am a competent person over twenty-one (21) years of age and am authorized to execute
this affidavit on behalf of Plaintiff.
2. I on an Assistant Vice President of Plaintiff and am familiar with the facts and
circumstances set forth herein after a review of the (electronic) file in this matter, which is part of
Plaintiffs regular business records. These records are kept by Plaintiff in the regular course of business,
and it was the regular course of business of Plaintiff for an employee or representative of Plaintiff, with
knowledge of the act or event recorded, to make the record or to transmit information thereof to be
included in such record, and the record was made at or near the time or reasonably soon thereafter.
3. Defendant YONG S MIN ("Defendant") requested and was issued a FNBO VISA Rewards
Platinum credit card (account number 4412-9701-0720-2606) (the "Account") by First National Bank of
Omaha, Plaintiff's predecessor in interest, on or about June 01, 2006.
4. Defendant utilized the Account to obtain cash products and/or goods and services and First
National Bank of Omaha rendered statements of the Account to Defendant.
5. Defendant failed or refused to repay the balance due and owing on the Account.
6. First National Bank of Omaha charged off the Account on or about September 30, 2009
with a balance of $8,431.16.
7. The Account was later sold and assigned to Plaintiff, the current holder and owner of the
Account.
8. Plaintiff has made demand for the balance due and owing on the Account, but Defendant
has failed or refused to pay.
coq-OCAS
9. The balance due and owing to Plaintiff by Defendant on the Account is $8,431.16, plus
interest at the legal rate per annum from September 30, 2009 and costs.
10. All credits and offsets to which Defendant is entitled have been given. The last payment
made by Defendant on the Account occurred on or about February 05, 2009.
11. Upon information and belief, the Account is not past the statute of limitations and has not
been discharged in bankruptcy, and Defendant is not an infant or incompetent.
12. Based upon a review of the military service records available through the Department of
Defense Manpower Data Center's Military Verification Service, Defendant is not in the military service
of the United States.
13. According to Plaintiff's business records, Defendant is a resident of Cumberland County,
PA.
14. 1 certify under penalty of perjury and pursuant to the laws of the state of Georgia that the
preceding is true and correct to the best of my information and belief.
FURTHER AFFIANT SAYETH NAUGHT.
By:
e foregoing instrument was sworn to and subscribed before me this day of
2010 by Katresha Hughley on behalf of Main Street Acquisition Corp. He/she is
personally known to me or-has produced a driver's license as identification and did take an oath.
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CARDMEMBER
AGREEMENT AND DISCLOSURE
STATEMENT
AG2505A (12106) Cl
?I
i
This document and accompanying Additional Disclosure Statement
make up your Cardmember Agreement and throughout this j
document are referred to as Cardmember Agreement or Agreement
The Additional Disclosure Statement contains Important Account'
Information including your Annual Percentage Rates ("APR"s) and
amount of any fees. Please take the time to familiarize yourself with
your Agreement and retain it for future reference.
Thank you for being an HSBC Cardmember. We appreciate
your business.
TABLE OF CONTENTS
Agreement to Terms and Definitions
Using Your Account
Your Credit
Payment
Interest Rates and Finance Charges
Account Fees
Foreign Transactions
Account Renewal, Closure And Termination
Credit Card Fraud
Personal Information
Additional Terms
Your Billing Rights
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AGREEMENT TO TERMS AND DEFINITIONS If you have q. credit card with a no preset spending limit (e.g.
r. MasterCard WorldCard), please see the Additional
This Cardmember Agreement and any amendments (Agreement
govern the open n and d line of credit we have established tOr you (your
Account). "Y "your" refer to all persods who applied for the
Account or are contractually liable through any other means. "We,"
i us "and "our" refer to HSBC Bank Nevada, NA "Card" means any
credlt cards or other access devices issued under this Agreement.
Network" means Visa International, ,MasterCard Intemetlonai
Incorporated, Discover Financial Services LLC or other governing
credit card network, as applicable.
You and we are.bound by this Agreement from the earlier of the
time you receive it or from the date of the first transaction,
including without limitation, the placement or posting of an
Annual Fee or Periodic Membership Fee on your Accunt. You
may close your Account before using it without paying any
Annual Fee, or Periodic Membership Fee If applicable to your
Account when you call us within 90 days of your Account open
date at the customer service number on the back of your card.
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} USING YOUR ACCOUNT
Account Use Restrictions
You agree to use your Account only for personal, family, household,
or charitable purposes. You agree not to use your Account to make
payments to us or to any of our affiliates. You agree to use your
Account only for valid and lawful purposes and that tf your Account
is used for any other purposes you are responsible for such use and
may be required to reimburse us and the Network for all resulting
amounts and expenses.
Types of Account Transactions
You can access your Account using your Card or by other means
approved by us to make purchases or receive cash advances.
We may limit the dollar amount and/or frequency of any type of
transaction without notice to you.
YOUR CREDIT
Credit Limit
We will advise you of the total credit limit on your Account. All or
a portion of your total credit limit is available for cash advances.
Your total credit limit and cash advance limit may change from
time to time. We will notify you of any such changes through your
billing statement or by sending you a separate notice. IT no
separate cash advance limit is listed on your billing statement,
then the amount of your credit limit available for cash advances
is your total credit limit
You agree not to allow your unpaid balance (including Finance
Charges and other charges) to exceed your total credit limit. We
may not extend credit If you have exceeded your total credit limit
or if the amount requested would cause you to exceed your total
credit limit if you exceed your total credit limit, you agree to pay
us that excess amount immediate) y. Your available credit and
cash advance amount may not reflect your payments for up to
14 days.
1.
Disclosure Statement.
Credit Authorizations
Some transactions will require our prior ai
may be asked by the merchant to provide
part of the authortzation system is not war
able to authorize a transactlon, even If
available credit. We will not be liable to
events happen. We may refuse to authors
at our sole discretion including, witho
reasonably suspect that such authorin
fraudulent or suspicious activity on the A
responsible for refusal or fallure to autho
or refusal by any merchant to accept or h
PAYMENT
xization and you
ratification. If any
g, we may not be
i have sufficient
i If any of these
an transactions
limitation, If we
n maid result in
runt. We are not
i any transaction
rr your Card.
Promise to Pay
You promise to y according to the terns of this Agreement
for all: (a) credR we extend on your Account (b) Finance
Charges, late charges, ovedimlt charges and administrative
charges (e.g. for research, returned checks, overdraft
a otebWn, if applicable, etc.) provided in this Agreement and
gc) collechorr costs and attomeys' fees to the extent permitted
applicable law.
If your Account is a joint Account, each joint Accountholder is
ioratly and individually responsible for all amounts due under
this Agreement regardless of death, divorce, other legal
proceedings or any agreement that may affect liability !
between you. If any joint Accountholder requests to not be
liable for future transactions, we may close your Account If we
do, you must continue to pay according to the terms of this `
Agreement, but you will not be able to make new charges on
your Account.
Payment
Each statement you receive from us will identify a Minimum
Payment and Current Payment Due.
Minimum Payment
The Minimum Payment Is calculated as follows: j
(1) If your New Balance is not more than $15, your
Minimum Payment is the New Balance.
(2) If your New Balance is more than $15, your Minimum
Payment is the greater of
(a) 1% of the New Balance shown on your statement
plus the following:
• any periodic Finance Charges
• any Monthly Maintenance Fee Finance Charge, or
an amount equal to 1112 of the Annual Fee, if
applicable, and
• any additional amounts disclosed in the Additional
Disclosure Statement, or
(b) $15
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Current Payment Due
The Current Payment Due is the greater of.
(1) your Minimum Payment plus any amount past due, or
(2) the greater of.
(a) 1% of the New Balance shown on your statement
plus the following:
• any periodic Finance Charges
• any Monthly Maintenance Fee Finance Charge, or
an amount equal to 1/12 of the Annual Fee, if
applicable, and
• any amount over your credit limit, or
(b) $15 plus any amount over your credit limit.
Your Minimum Payment and Current Payment Due will be
rounded up to the nearest dollar, unless doing so will cause the
resulting value to exceed the New Balance.
Timing and Forth of Payments
You must pay at least the Current Payment Due in time to be
credited to your Account by the Payment Due Date and failure
to do so constitutes a default of this Agreement. Instruction's
for making payments are on your billing statement. For a
payment to be credited to your Account as of a articular day,
we must receive your payment by the date and time and in the
manner specified in those Instructions. If your Account Is
overtimit, you can avoid an additional overlimit fee by
Immediately paying at feast the Current Payment Due
upon delivery of your billing statement. If your Account Is
delinquent, you can avoid an additional late fee by paying at
least the Minimum Payment plus any past due amount by the
Payment Due Date; however, if you cannot pay this amount,
6ou must pay at least the Minimum Payment by the Payment
us Date to avoid progressing to the next stage of
delinquency. You may pay more than the Current Payment
Due and may pay the entire New Balance at any time.
All payments must be in U.S. dollars. Except for disputed
adcJress spe-M uponbyourtibithiUng?statem stifbeyosent ufo To
neaotiabie Instrument, such as a money order or check, ft mutt
be n a forth that is acceptable to us and must be drawn on a U.S.
financial institution. Any check, money order or other
instrument tendsrod as an accord in saitsf edon, or which
includes a condition, restrictive endorsement or anv
atlas, wnaucuw run or erum saasrecuon of a disputed or
undisputed debt (cop ely, a•"Condition") must be sent to
the address for written inquiries shown on your billing
statement. You must note conspicuously on the face of the
payment Instrument that it is tendered for this purpose. We
reserve the right to refuse to apoept any payment that is subject
to-a Condition. If the payment does not comply with the foregoing
and we process it, we will not be bound by the Condition. By
sending us a check for ppaayymm nt on your Akxoufrt, you
authorize us to Initiate an eNchonic funds transfer from your
bank or other financial Institution account. according to the
terms of the check. This means that your check will be
converted to an electronic transaction and your original check will
not be returned to you by your bank. Your original check will be
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destroyed Your checking or other financial institution account
may be debited the same day we receive your check. If you do
not want your checks to be converted to an electronic funds
transfer please call customer service at the phone number on
the bad(k of your card.
Application of Payments
At our discretion payments are generally applied to interest,
fees and then pr(ndpal balances. We app) yourgayments to
lower APR balances before higher b balances. The
application of payments is subject to change at any time,
without notice.
INTEREST RATES AND FINANCE CHARGES
Interest Rates
The APRs on your Account are either a fixed or variable rate.
Variable rates are determined by No a specified amount
( Spread") to an Index (described below . The APR is divided
by 365 and rounded to the next higheshundred thousandth
of a percentage point to determine your Daily Periodic Rate.
The Dall?r Peflodic Rate is used to determine the amount of
Periodic Finance Charge (see Finance Charges).
Index For Variable Rate Accounts - ' )'
Please see the Additional Disclosure Statement for the
Index paragraph below that is applicable to your Account.
(1) For each billing cycle, the Index is
Mel m he month prior to the e month in which the
billing cycle ends. In that prior month, the highest
domestic'Prime Rate" published in the Money Rates table
of The Wall Street Journal is selected (the 'index"). If the
Index has' changed, the new variable rates will take effect
with the billing cycle that ends on or after the first day of
the month flnoldloexwing the Index change.
(2) em ssequent quarter his the h_ hfor est domes m"Priime Rate'
published in the Money Rates table of The Waff Sheet
Journal on the fast business do of the preceding calendar
quarter. If take effect with the the Index billing cth a t , the new variable rates will
July or October following the Index ceng in January, April,
(3) Other index Please see your Additional
Dis?clo?sure
tatement.
An Increase in the Index will Increase your applicable Daly
Periodic Rates which may Increase the Finance Charge due
on your Account. Each time, any APR changes we wil apply it
to any existing balances, excluding any Promotional or
Introductory APR that may apply.
Purchase APR
For credit card purchases, the Spread (for variable rates) APR
and Torres onding Daily Periodic Rate are disclosed (n the
Additional Disclosure Statement.
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Cash APR
For cash advances the Spread (for variable rates), APR and
corresponding Dally Periodic Rate are disclosed in the
Additional Disclosure Statement
Default APR
If your Account has a Default APR provision the Default APR
and conditions that may cause a Default AIR to take effect
as well as the Spread (for variable rates), APR and
corresponding Daily Periodic Rate are disclosed In the
Additional Disclosure Statement.
Promotional or introductory APR
At our discretion, we may offer you a Promotional or
Introductory APR for any type of transaction. The Promotional
or Introductory APR, corresponding Daily Periodic Rate
period of time for which the Promotional or Introductory APR
applies, and conditions by which the promotional period may
be shortened are disclosed in the offer. Certain promotional
offers may or may not be subject to Cash Advance Fees. Any
Promotional or Introductory APR offer will be subject to the
terms of the offer and this Agreement
Finance Charges
Finance Charges are the total of the greater of (a) Minimum
Finance Charge or (b) Periodic Finance Cha as, and an
applicable (c) Cash Advance Fee Finance Tharges d?
Foreign Transaction Fee Finance Charge (e) Credit Lim't
Increase Fee Finance Charges ( Monthly l+rlsintenance Fee
Finance Cha as, (g) Overdraft 'Ree Finance Charges, and
(h) any otherTinance Charge(s).
Please see the Additional Disclosure Statement for
applicability and amount of the following Finance Charges.
(a) Minimum Finance Charge. A Finance Charge that is
assessed in lieu of a lesser periodic Fmence Charge in any billing
cycle in which a periodic Finance Charge is payable.
Charges are
ae for each
Daily Periodic Rate and then multipyin the re'suh by the humber
of in the bUpng cy?Ie To caudate the Daily Balances we
take beginning debft balance for each cat cry of transactions
each day add any new transactions, any p us day's periodic
Finance charges, any assessed fees and charges, and subtract
anypnfnc :antsand/or credits. If a debit transaction
bas of a Who cvde. but the transaction posts after e ? the
rie
we
3t6
j Balance for each Iransaction cr y. -'- . .. __.y
() Periodic Finance Charges begin to
accrue on a to Me transaction and continue to accrue
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until payment in full is credited to your Account However,
there is a Grace Period on new credit card purchases. That
means, if the New Balance shown on your last statement Is
paid in full by the Payment Due Date for that statement,
periodic Finance Charrggeess will not be imposed on new credit
card purchases, rrnn'ded the New Balance for the current
billing cycle Is din full by the Payment Due Date for that
billing cycle. fl r the New Balance is not paid in full by
the Payment l?ue Dabs for the immediately preceding billing
-cycle, periodic Finance Charges.wil . be-incurred on new credit
card purchases (i.e., purchases appearing for the first time In ;
the current cycle) from the date of the transaction and on the
previously, billed but unpaid credit card purchases from the
first day of the current cycle. and (2) card enec s . Periodic Finance Charges begin to accredit '.
on the date of the transaction and continue to accrue
until payment in full is credited to the Account. There is '
no Grace Period on cash advances. i
Periodic Finance Charges will be calculated using the Daily
Periodic Rate in effect on the statement closing date.
You may request a change to your billing cycle date no more
than once a year. You agree that changes based on your
request may shorten any Grace Period you may have or
increase the time period for which periodic Finance Charges
may accrue.
An fee Finance Charge may cause the APR on the billing
sta Yemeni on which the fee Finance Charge first appears to
exceed the nominal APR.
(c) Cash Advance Fee Finance Charges. Cash advances
include all advances to get cash over the counter, through an
ATM, balance transfers (If available), credit card checks (If
available), or other "cash-like' Transactions (such as
purchasing a money order traveler's check, casino or betting
chip, or a lottery ticket) as determined by us. A Finance Charge
will be computed on the amount of each cash advance as of the
date of the transaction.
Ld) Foreign Transaction Fee Finance Charge. A Foreign
ransaction Fee Finance Charge is assessed on transactions
made in a foreign currency. Your billing statement will list the
transactions separately from the Foreign Transaction Fee
Finance Charge.
(6) Credit Limit Increase Fee Finance Charges. If you request i
.and are approved for a credit limit Increase) CLl'), a CLI Fee
Finance Charge maybe assessed to your AccourrL
(fl Monthly Maintenance Fee Finance Charges. A Finance
Charge that Is assessed to the Account for each billing cycle
wheneverthat Account is closed with a debit balance.
(a?) Overdraft Fee Finance Charges. (Applicable only to `
MBC Credit Card accounts providing overdraft protection to
designated HSBC Bank USA, N.A. de osit accounts). If you
requested overdraft privileges, we will lend you from your
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available cash advance credit limit the amount needed to
cover any overdraft due to insufficient funds on the
designated deposit account. We will transfer to the deposit
account the amount of the overdraft rounded to the next full
dollar. We will not make a transfer if you do not have sufficient
unused credit available or are delinquent hereunder.'In that
case, the overdraft will be subject to the usual deposit account
rules and fees. Under no circumstances shall any such
overdraft be allowed to exceed your available credit limit. You
understand that we have the right to cancel this Account or
your overdraft loan privileges at any time.
We may add an Overdraft Fee Finance Charge to your Account
if your Account is utilized to cover any overdraft on your
designated deposit account. An Overdraft Fee Finance Charge
be putd on the amount of each overdraft transaction.
(h) See Additional Disclosure Statement for any additional
Finance Charges that may be applicable to your Account.
ACCOUNT FEES
Please-see the Additional Disclosure Statement-for applicability
and amount of the following fees.
Annual Fee/Periodic Membership Fee
If your Account is subject to an Annual Fee or Periodic
Membership Fee, you a er
gree to pay this fee each year (or oth
periodic assessment if indicated on the Additional Discl
osure
Statement) your Account is open, or closed with a balance.
You agree that this fee will be charged to your Account.
ff you close your Account within the first 90 days your Account
is open, the Annual Fee/Periodic Membership Fee(s) are
refundable so long as you have not used the Account. The
Annual Fee/Periodic Membership Fee compensates HSBC
Bank Nevada, N.A. In part, for cardmember services provided
or made available to you throughout the membership year.
Late Payment Fee
A Late Payment Fee is assessed for each billing cycle In which
at least the Minimum Payment, and any amount past due, is
not paid in time to be credited to the Account by the Payment
Due Date.
Overitmit Fee
An Overlimit Fee is assessed If the Account balance exceeds
the applicable credit limit at any time during a billing cycle. We
may impose this fee even If we authorize or impose any charges
that cause your balance to exceed the credit limit.
Other Fees and Charges
Returned Payment Fee
A Returned Payment Fee is assessed to the Account each time
a payment check, automatic payment deduction, or other
payment method is not honored or is returned unsatisfied by
the bank or other financial institution. Any payment retumed
unsatisfied for any reason may be reposted to any type of
transaction (i.e. cash advance, purchases, etc.) and Finance
Charges may be reinstated back to the payment date at the
APR being charged for that transaction.
Returned Check Fee
A Returned Check Fee is assessed to the Account each time
a credit card check, balance transfer check (if evellable)
electronic check or other Aooount access device Is retumed
unsatisfied by us for any reason.
Check, By Phone Fee
A Check By Phone Fee Is assessed to the Account each
time a payment is made by telephone, even If the
payment is made by someone other than you.
Stop Payment Fee
A Stop Payment Fee is added to the cash advance balance
when a payment of a credit card check is stopped at. our
uest. Payment may be stopped on a credit card check by
n rig us in writing or by calling us at the telephone
num r rated on the Account billing statement, so long as
such check has not already been processed. A stop payment
request must include the check number, payee, amount, and
date of the credit card check on which payment is to be
stopped. If a stop.payment Is requ s 14 by leppone the top
must be confirmed in writing with d
payment will remain in effect for six months unless renewed
in writing' The address to send a stop payment request is
disclosed in the Additional Disclosure Statement.
Research Fee
A Research Fee is assessed to the Account for each sales
slip copy, statement copy and application copy requested.
Replacement Fee
A Replacement Fee is assessed to the Account if we
replace a Card that Is lost, stolen, or damaged or if we
issue a replacement Personal Identification Number (PIN)
to facilitate access to Automated Teller Machines. If a
replacement card is requested on a rush basis, we will
charge our current fee for this service.
Reinstatement Fee
A Reinstatement Fee is assessed whenever a request to
reopen a closed or blocked Account is approved.
Additional Fees
See the Additional Disclosure Statement for any other fees
that may be applicable to your Account.
FOREIGN TRANSACTIONS
If You make a transaction in a foreign currency, the transaction
will be converted by the Network, into a U.S. dollar amount In
accordance with its operating regulatbns or conversion
procedures in effect at the time the transaction is processed.
Details concerning these procedures are shown In the
Additional Disclosure Statement. The Network may change
the procedures, from time to time, at its own discretion.
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ACCOUNT RENEWAL, CLOSURE
AND TERMINATION
Card Renewal
Cards are Issued with an expiration date. We have the right
not to renew your Card for any reason.
Closing Your Account
You can dose your Account by writing to us. Your Account
I balance will continue to accrue Finance Charges and other
fees and will remain subject to all the terms and conditions
of this Agreement You also agree to destroy your Card(s)
and any unused credit cans checks. We will not honor any
credit card check written on your Account or authorize any
transactions after your Account is dosed. The address to
send your request to dose your Account is disclosed in the
Additional Disclosure Statement.
Account Closure
We may dose your Account, suspend your credit privileges,
or reduce your credit limit at any time and for any reason,
subject to the requirements of applicable law. In any of these
events, your Account balance will continue to accrue
Finance Charges and fees until paid in full, and will remain
subject to all the terms and conditions of this Agreement. If
we close your Account, you agree to destroy our Card(s)
and any unused credit card checks. If your Account has
been closed, or your credit privileges are suspended, you
may not use your Card or credit card checks.
Default
You will be in default under this Agreement it (a) you fall to
make at least the Current Payment-Due in time to be credited
to your Account by the Payment Due Date; (b) J01.1 violate
any other provision of this Agreement; (c) you cis- (d) you
become subject to bankruptcy or insolvency Droceecjinas: (e)
Information; we receive information from third parties,
including credit reportln agencies, which Indicate a serious
deeli?niquency or 6harge-otf with other creditors; () you fail to
de us a physical address; {h) you exceed your credit
Petit; (i) your payment is retuned unsatisfied by your bank or
other nancial institution for any reason; or 0) any credit card
check Is returned unpaid by us. Upon default, we have the
right to dose your -Account, to terminate or suspend your
credit privileges under this Agreement, to change the terms
of your Account and this Agreement, to require you to pay
your entire Account balance Including all accrued )but unpaid
charges Immediately, and to sue you for what you owe. If you
do not pay us, your Account balance will continue to accrue
Finance Charges and fees until paid in full and will remain
subject to all the terms and conditions of this Agreement. If
we sue you, or if we hire a third party to collect your Account
balance, you will pay our court costs, reasonable attorneys'
fees and other collection costs related to the default to the
extent permitted by law in the state. in which you reside, and
we will apply your payments first to attorneys fees and other
costs and then to principal and unpaid Finance Charges.
9
Security Interest
If you have not completed a Security Agreement for your
Account, we are extending you an unsecured line of credit.
If you have completed an application and Security Agreement
for a secured account, the terms and conditions contained
within this paragraph apply to your Account As Security for your
performance underthis Agreemei including but not limited to
us
hne -AOamonai Llsclosuns statemenir. You sumonze us to
restrict withdrawals from your Deposit Account until such time
as this Account Is dosed and all your Indebtedness Is fully
satisfied or until this Account is otherwise modified by us. If you
exceed your credit Iimtt, or otherwise default under the terms of
your Agreement, or if this A ment Is cancelled by you or us
for any reason, we may a any time thereafter and without
advance notice to you, ap IY all or part of your Deposit Account
to the payment and sauction of any and all amounts owed
under this Account and any replacement secured credit card
account In addition we may use any other remedies permitted
or otherwise avafiable to us. If the amount in your Deposit
Account Is not suffident to refire all obligations Incurred related
to your Account, you agree to pay the amount owed to us
immediately.
CREDIT CARD FRAUD
Lost or Stolen Credit Card or Account Checks
You agree to notify us immediately if your credit card or
credit card checks are lost or stolen. You may notify us by
calling us at the phone number disclosed in the Additional
Disclosure Statement.
Liability for Unauthorized Use
You should retain copies of all charrgge slips until you receive your
statement, at which time you should verify that the. charges are
true and the' amounts unaltered. You may be liable fior the
unauthorized use of our credit card. You w81 not be liable-for
unauthorized use that occurs after you notify us of the loss, theft
or possible unauthorized use. Notification must be given either
ppossi?ble unau thorizedl uussetyorcalli g us leami g at thee telephone umber
u ntiauthorizeyour se of y urr cthxeedit card Account wheen you notify any
Immediately by-phone or in writing. In anyy case, your liabll for
unauthorized use of your credit card not exceed $0. "The
address to notify us of unauthorized use•of your credit card is
disclosed In the Additional Disclosure Statement You may also
call us at the telephone number listed on your billing statement
PERSONAL INFORMATION
Change of Name, Address, Telephone Number
or Employment
You agree to give us prompt notice of any changein your name,
mailing address, telephone number or place of employment .
10
} Updated Financial and Other Information
} Upon request you agree to promptly give us accurate
financial and a 'You information about yourself.
Credit Reporting
port yo i? eg
lrep rreeflng oneyo rrccre?dit re?r?ddmebl6e submitted to a
credit .reporting agenccyy-? If any specific in?ormation r8lated to
your Account tn3nsaclions or aedlt experience with us is
inaccurate, you may notl fy us to correct the Inaccurate
r information (after cor?nmrmtlon of the alleged erior) reported to
t any credit re orUno agency by writing to us at P.O. Box 98706,
Las Vegas, NV 89'193
I Certain Privacy Practices
You agree that from time to time we may receive credit
Information concerning you from others, such as stores, other
lenders and credit rep rQ agencies, and that we may use this
Information to amend, cancel or suspend your aedlt? pprivileges
under this Agreement even if are not in defeult.with us. You
agree that the Department of Motor Vehicles may release your
residence address to us, should it become necessary to locate
you. You a ree that our supervisory personnel may listen and record order to luuaatee the?quuaai of cur seerrviice t reyouuaand to other
aardmembers. For additional information regarding our privacy
practices, please refer to our Privacy Statement
ADDITIONAL TERMS
Change of Terms (Including Finance Charges)
WE MAY CHANGE OR TERNIINATE ALL OR ANY PART F
officers, directors, agents, and employees. You agree any claim,
dispute or controversy (whether based upon contract tort,
intentional or otherwise; constitution; stabile; common law- or
u and whether pre-existing, present or future), Indu8ing
in?a Calms, counter-claims, cross-claims and third party claims,
arising from or rotatinngg to this Agreement or the relationships
which result from this A?reement, including the validity or
entirety this arbitra?on clause, any thereof or the
Agreement ("Claim"), shall be resoupon the election
porovxjlo? arxs y-bindfnaarbitration pursuan{ to this arbitration tM* applica a rules or of the arbitration
edrnirristrator selected at the time I?Clai Is filed. The party
initiating the arbitration proceeding shall have the right to select
one of the fofiowin three arbitration administrators; the National
Arbitration Forum ?iJAF"); the American Arbitration Association
("AAA's or JAMS. The arbitrator shaft be a lawyer with more than
item years experience ore refired orformer fudge. We agree not to
irnoke our right to arbitrate an individual Claim you may bring rn
small claims court or an equivalent court, If arty, so long as ttie
Claire is perrdinc oniv in that court The rules and f= of the
NAF.' AAA anndd"" JAMS may be obtained by writing to these
%organ?opnss attsls addresses listed below. Our address. for
Inc.,P.O. Boot e987,40, Las ss u der pro Is HSBC Card Services
W89193-8740.
Any participatory arbitration hearing that you attend will take place
in the city nearest to your residence where a federal district court
is located or at such other location as agreed by the parties. On
any Claim you file, you will pay the first 550 of the fitr'ng fee. At your
request we will.pay the remalnder of the filing fee and any
administrative or hearing fees charged by the arbitration any
Claim maocim r$ 5W. If you am requirredd you in a ho itp
itlonal fe s
to the arbitration administrator, we VAR consider a request by
topay all or part of the additional fees; however, we shall
obligated to pay any additional fees unless the arbitrator grants
will reimburse if the arbitrator grants an award in your favor, we
you for any additional fees paid or owed by you to
the arbitration adminlstrator up to the amount of the fses that
would have been charged if the orional Claim had been for the
amount of the actual award In yo Tavor. The parties shall bear.
the of their respective attorneys fees, except as
I
i
ltl•
MAY INCREASE YOUR APR FMI" JAN_ D"RO't AL ... U5W0-F
CREDIT BASED ON A CHAN&E IN YOUR CREDII
HISTORY AN INCREASE IN YOUR CREDIT OBLIGATIONS
OR AN IWCREASE IN THE USE OF YOUR CREDIT LINO
WITH US OR ANOTHER CREDITOR. WRITTEN NOTICE
WILL BE PROVIDED TO YOU WHEN REQUIRED -BY
APPLICABLE LAW. UNLESS OTHERWISE STATED
CHANGES APPLY TO BOTH NEW AND OUTSTANDINa
BALANCES.
Arbitration
Please see the Additional Disclosure Statement for
applicability to your Account
This arbitration provision, shag apply to an Claim against us,
and to each of our parents, subcsidiaries affiliates, ar?y compa
p? i sso rewards feature l and p assn and a hg of thr?
71
provided by law. if a .statute gives you, the right to
recover any of these fees, or the fees paid I the arbifiatlon
?d anyt: ights shall aadv in the arbitration
arbitrator Issues an award in our adr oo nod herein. H the .
reimburse us for any fees we h" p will not be required to
arbitration administrator or for which we are' sly ?ppaaid to the
. responsible.
This arbitration agreement Is made pursuant to a transaction
'involving interstate commerce, and shall be governed byy the
Federal
The Act, 9 U.S.C. Sections 1 - 18 (the "FM
The arbitrator shall ap??Iy applicable substantive law consistent
with the FAA and provlrie written reasoned findings of fact and
conclusions of law. The arbitrator's award shall not be subject
to appeal except as ppeermitted by the FAA. The parties agree .
that the award shall be kept confidential. Judgment upon the
award maybe entered in any court having jurisdiction.
12
THE PARTIES ACKNOWLEDGE THAT THEY HAVE A
RIGHT TO LITIGATE CLAIMS THROUGH A COURT
BEFORE A JUDGE OR JURY BUT WILL NOT HAVE THAT
RIGHT IF EnHER PARTY 41.ECTS ARBITRATION. THE
PARTIES HEREBY KNOWINGLY AND VOLUNTARILY
WAIVE THEIR RIGHTS TO LITIGATE SUCH CLAIMS IN A
COURT BEFORE A JUDGE OR JURY UPON ELECTION OF
ARBITRATION BY EITHER PARTY.
You maf contact, obtain the arbitration rules of, or file a Claim
with NA, AAA or JAMS as follows:
National Arbitration Forum JAMS
P.O. Box 50191 45 Broadway
Minneapolis, MN 55405 New York, NY 10005
www.adrforum.oom www.jamsadr.com
Code of Procedure Financial Services
Arbitration Rules
and Procedures
American Arbitration Association
1150 Connecticut Ave. NW 6th floor
Washington DC 2003b4164
www.sar.org
Arbitration Rules for Consumer
Disputes (Claims under $10,000)
Commercial Arbitration Rules
(all other claims).
Assignment of Account
We may sell, assign or transfer your Agreement and Account
or any portion thereof without notice to you. You may not sell,
assign or transfer your Account.
Waiver
We may choose to delay enforcing or waive any of our rights
under this Agreement in certain situations. We can delay
enforcing or waive any of our rights without affecting our other
rights-If'-we waive a right, we do not thereby waive the some
right in other situations.
Severability
If any provision of this Agreement is'tinelly determined to be void
or unenforceable under any law, rule or regulation all other
provisions of this Agreement will remain valid and en>'orceable.
Applicable Law
This Agreement and your Account will be governed by federal
law and the laws of the state of Nevada, whether or not you live
In Nevada and whether or not your Account is used outside
Nevada. This Agreement is entered into In Nevada and all credit
under this Agreement will be extended from Nevada.
correct the error or explain why we believe the bill was correct.
After we receive your letter, we cannot try to collect any amount
you question, or report you as delinquent We can continue to bill
you for the amount you question, including Finance Charges, and
we can apply any unpaid amount against your Credit Limit. You
do not have to pay any guastioned amount while we are
investigating, but you are stilt obligated to pay the parts of your
bill that are not in question.
If we find that we made a mistake on your bill, you will not have
to pay any Finance Charges related to any questioned amount.
If we didn't make a mistake, you may have to pay Finance
Charges, and you will have to make up any missed payments on -
the questioned amount. In either case, we will send you a
statement of the amount you owe and the date it is due.
13 14
YOUR BILLING RIGHTS
What To Do If There's An -Error In Your Bill
YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR
FUTURE USE
This notice contains important information about your rights and
our responsibilities under the Fair Credit Billing Act.
NOTIFY US IN CASE OF ERRORS OR QUESTIONS
ABOUT YOUR BILL
If you think your bill is wrong or If you need more information
about a transaction on your b l write to us (on a separate sheet)
at the address listed on your billing statement. Write us as soon
as possible. We must hear from you no later than 60 days after
we sent you the first bill on which the error or problem appeared.
You can telephone us, but doing so will not preserve your rights.
Please include the following Information In your letter.
• Your name, account number and signature;
• The dollar amount of the suspected error, and
• Describe the error and explain, if you can, why you believe
there is an error.
If you need more information, describe the item you are not
sure about. If you have authorized us to pay your Account bill
automatically from your savings or checking account, you can
stop the payment on any amount you think is wrong. To stop
the payment, your letter must reach us three business days
before the automatic payment is scheduled to occur.
YOUR RIGHTS AND OUR RESPONSIBILITIES
AFTER WE RECEIVE YOUR WRITTEN NOTICE:
We must acknowledge your letter within 30 days, unless we
have corrected the error by then Within 90 days we must either
If you 'fail to pay the'amount we think you owe, we mayy report you
s as delinquent. However, if our explanation does not satisfy you, and
you write to us within ten days telling us you still refuse to
must tell anyone we report you to that you have a question a we
bout
1 your bill. And we must tag you the name of anyone we reported you
W. Upon settrerrrent of the dispute, we must tell everyone we report
you to that the matter has been settled.
If wV don't follow these rules, we can't collect the first $50 of the
questioned amount, even if your bill was correct.
SPECIAL RULES FOR CREDIT CARD PURCHASES
1 If you have a roblem with the quality of property or services you
purchased with a credit card, and you have tried in good faR to
correct the problem with the merchant, you may have the right not
I to pay the remaining amount due on the property or services.
There are two limitations on this right:
i (a) You must have made the purchase In your home state or If
not, within 100 miles of your current mailing address.
(b) The purchase price must have been more than $50. I
These limitations do not apply if we own or operate the
merchant, or if we mailed you the advertisement for the
property or services. HSBC Card Services inc. and/or HSBC
Card Services (11)) Inc. provide processing services for HSBC
Bank Nevada, N.A. 1
You may write to us at the address shown on your billing
statement or HSBC Bank Nevada, N.A., 1111 Town Center
Drive, Las Vegas, Nevada 89144.
Thomas M. Kmble
Executive Vice President
HSBC Bank Nevada, N.A.
February 1, 2006
Visa is a registered mark of Visa International and Visa U.S.A.
I
MasterCard Is a registered mark of MasterCard
International, Incorporated.
02006 HSBC Bank Nevada, N.A.
AG2505A (12/06) CI
, < :
D { 11063648-
6v Chsrge:!e
Pt i d e r Flist Netlonsi `Bank!! W` - naha
Current"
oli ViSi'Rewards"Platinum ,ppaq
D a
?:Ype CredR-Gii'rGii!:?,' Charga•a
N u m b s ralk ! 4412=9701-0720-2606
r ; . !EilalstPsy
Dpi Ensl'ID# ? •
4432-9701-0720=2606' .
' Customs
s:ooa
. ,. Repo:ct :D
ENDING BALANCE
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`ENDING BALANCE
`B,E a N EY YEN 0'?B%l
>fr .
e '..1181
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ING`BALANCE
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, m mpil'09f1f tpt?t?tli?iltitt?R 1d{ffiIMCta?llMn
R 1
Asdassaent sad BE of Sale
Pint Namur Do* Omsia {the "Sdtd'j, bas eaten a ioto s Purchase, Agreesmw dated,
Aargwt 286 2009 On "Asmesw on for do sale ofcectaia Aooom b reasivab a desarbed in the
Panchen Ar eenum so dated, w? .- Andow Cm- (do "Bwyw"X 4M the
terms and cooMions as kWh in die Ap emwuL
Now, thadom lbr VW and vskEW consideration, idler breby aft, anl4M sad anuders
to , its successor and -1 IS- AN ofdra Seller's rWw6 and dk and iseer?eet in emb and tbe 6oilOMm Pool of Acwuws des Ynd to do Agmanent:
Acmw Type vilegiuawcod Fsoe vaiae Nnesber of Aco nett
Z,d08
the Acomw D Aoo bey ie +idod in tbs. of Bxlabit P.m the
re!'er iooorporabed basin b! taibronoa. 1'he Aaaouot Do#s is invorporated bm+ein b jr ..
Buyer ant tip Pundwe Prior slap be stoW in "Exhibit B", the Clo ft
In Mbwu dr twC Seiler Las as iped sad deliverued fu batttmnt an ibis le day of,(M ft
First National Bank Omaha
Nance: armpb V Barry
Trd G: 3r vke pmddom
By:
Naas
Tale
Vice bwduwla=L..
Subaibed to and swum to bslbre me this \ day of Q ? by
bwpib W. Barry, senior Vice Prsaideot delis Company and Amy Boudut, vase ftaildard of
Fir rwe of the Company.
p YN unu NcNay publi "`'
Pye3OV
ACCOUNT VERIFICATION STATEMENT
Account Holder: YONG S MIN SS#: XXX-XX-1878
Main Street Acquisition Corp. Account #: 11063648,
ACCOUNT HISTORY
Original Creditor:
Original Account Number:
Date Account Established:
Original Creditor's Address:
First National Bank of Omaha/FNBO VISA
Rewards Platinum
4412-9701-0720-2606
June 1, 2006
1620 Dodge Street
Omaha, NE 68197
Charge Off Date: September 30, 2009
Charge Off Amount: $8,431.16
Total Payments after Charge-off Date: $0.00
Current Owner of Account: Main Street Acquisition Corp.
Current Owner Address:
P.O. Box 2529
Suwanee, GA 30024-0000
The above amount represents goods and/or services purchased via a credit account
extended to the account holder by the original creditor listed above that has been duly
assigned to MAIN STREET ACQUISITION CORP.
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson PLED-07FICE
Sheriff y OF THE.. t ,y!0TAPY
Lt, of tilrinGrr(??i
011
Jody S Smith ? PM 1,20
Chief Deputy
Richard W Stewart CUM5EFt ,:,!- D X- UIINTY
Solicitor PE NNSYLVANA
Main Street Acquisition Corp.
s Case Number
S.
Yonvg S. Min 2010-4897
SHERIFF'S RETURN OF SERVICE
09/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on September 3, 2010 at
1055 hours, he was unable to serve a true copy of the within Complaint and Notice, upon the within
named defendant, to wit: Yong S. Min. Current residents of 4 Argali Lane, Mechanicsburg, PA 17055 do
not speak the English language. Afters several attempts the Complaint and Notice has expired.
SHERIFF COST: $46.00 SO ANSWERS,
September 03, 2010 RON R ANDERSON, SHERIFF
(c} GounrvSuite 5henff. Teiecsoft . Inc
Main Street Acquisition Corp.
P.O. BOX 2529 In the Court of Common Pleas of i I
SUWANEE,GA 30024 Cumberland County, Pennsylvania ? p ' I3 '4 i
Civil Division
Plaintiff !('; kr ""Ut
vs.
NO: 10-4897
YONG S MIN
4 ARGAU LN Praecipe to Reinstate Civil Complaint
Mechanicsburg PA 17055-4860
Defendant
To the Prothonotary of Cumberland County Pennsylvania:
Please enter the above Praecipe to Reinstate the Civil Complaint.
Thank you,
Michael F. 'R
Edwin A. Al
Lawyer ID #
& Associates, P.C.
?,??II.?Spcl a
Cl?-?3?oa i
?? a-? s9? a
I
SHERIFF'S OFFICE OF CUMBERLAND COUNTY'("'-
Ronny R Anderson:.
Sheriff " r
Jody S Smith
Chief Deputy
Richard W Stewart
`
Solicitor Or' l E
Main Street Acquisition Corp. Case Number
vs.
Yong S. Min 2010-4897
SHERIFF'S RETURN OF SERVICE
06/11/2012 05:46 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June
11, 2012 at 1746 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Yong S. Min, by making known unto Yang Min, Mother of Defendant at 4 Argali Lane,
Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to
her personally the said true and correct copy of the same.
UTSHALt-,,VEPUTY-
SHERIFF COST: $38.00
June 12, 2012
SO ANSWERS,
RON R ANDERSON, SHERIFF
(c; Cow.*ySuiie Shenft 722„sofl !n;