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HomeMy WebLinkAbout11-3810r Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie A. Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff V. MICHAEL W SHOOP JR 24 S BALTIMORE AVE APT 3 MOUNT HOLLY SPRINGS PA 17065 Defendant (, C No. ?" y> o .-; c) G ;.) 't v NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action withing twenty (20) days after this Complaint and Notice are served, by entering a written appearance, personally or by an attorney, an 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 of any money claimed or any other claim or relief requested by the Plaintiff. You may lose money or property 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 HELP. 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. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street ??1 Carlisle, PA 17013 W/O 91kI P11114f (717) 249-3166 /r W X33 Pennsylvania Lawyer Referral Service (800) 692-7375 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 : Plaintiff No. V. MICHAEL W SHOOP JR 24 S BALTIMORE AVE APT 3 MOUNT HOLLY SPRINGS PA 17065 Defendant NOTICIA USTED HA SIDO DEMANDADO/ A EN LA CORTE. Si usted desea defender conta la demanda puestas en las siguientes paginas, usted tienen que tomar accion dentro veinte (20) dias despues que esta Demanda y Aviso es servido, con entrando por escrito una aparencia personalmente o por un abogado y archivando por escrito con la Corte sus defensas o obejciones a las demandas puestas en esate contra usted. usted es advertido que si falla de hacerlo el caso puede proceder sin usted y un juzgamiento puede ser entrado conta usted por la Corte sin mas aviso por cualquier dinero reclamdo en la Demanda o por cualquier otro reclamo o alivio solicitado por Demandante. usted puede perder dinero o propiedad o otros derechos importante para usted. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LAMME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEGUIR UN ABOGADO. SI USED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS. QUE PEUDAN OFRECER SERVICIOS LEGAL A PERSONAS ELGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. Lawyer Referral Service - CUMBERLAND County Bar Association Court Administrator 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Pennsylvania Lawyer Referral Service (800) 692-7375 This coninnunication is ftom a debt collector and is an attempt lo collect a debt. Ai)v infornnation obtained will be rued for that }purpose. Robert N. Polas, Jr., Esquire PA Bar # 201259 Carrie Brown, Esquire PA Bar # 94055 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: 757-518-0860 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Blvd. Norfolk, VA 23502 Plaintiff No. V. MICHAEL W SHOOP JR 24 S BALTIMORE AVE APT 3 MOUNT HOLLY SPRINGS PA 17065 Defendant COMPLAINT 1. Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. 2. Defendant MICHAEL W SHOOP JR, is an adult individual with last known address of 24 S BALTIMORE AVE APT 3, MOUNT HOLLY SPRINGS PA 17065. 3. It is averred that Defendant was indebted to HSBC Card Services (III) Inc. / Orchard Bank / Non Prime on March 16, 2006 with account number ************8484 (hereafter referred to as "Account"). A copy of the account history is attached here to and collectively marked as Exhibit "A." 4. By using the Account, Defendant agreed to repay any incurred balances and/or charges made to the Account pursuant to the terms and conditions governing said Account. Failure to pay Defendant's incurred charges on the Account is considered a default. This conanaeanicatio>n is fro n a debt collector azid is an attempt to collect a delm, Anv inforinat:io ti obtained will be used fOr that purpose, 5. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. 6. Defendant was provided with copies of the Statements of Account showing all debits and credits for transactions on the aforementioned Account to which there was no bonafide objection by Defendant. 7. Defendant was in default with respect to that debt for failure to make the required payments on the Account. The last payment made on this Account was on October 1, 2008. 8. Plaintiff is the purchaser, assignee and/or successor in interest HSBC Card Services (III) Inc. / Orchard Bank / Non Prime and Plaintiff is now the holder of the Account. A true and correct copy of the affidavit is attached hereto and collectively marked as Exhibit "A." 9. As of the date within Complaint, the remaining balance due, owing and unpaid on Defendant's Account, as a result of Defendant and/or any authorized user's use of said Account is in the sum of $1,143.34. 10. Despite reasonable and repeated demands for payment. Defendant has refused and continues to refuse to pay all sums due and owing on the aforementioned Account, all to the damage and detriment of the Plaintiff. 11. The amount in controversy is within the jurisdictional amount requiring compulsory arbitration. WHEREFORE, Plaintiff respectfully requests this Honorable court enter Judgment in favor of Plaintiff and against Defendant, MICHAEL W SHOOP JR, in the amount of $1,143.34, plus costs of this action and any other relief as the Court deems just and reasonable. Robert N. Polas Jr., Esquire # 201259 ?- Carrie A. Brown, Esquire # 94055 10-64062 This communication is (turn a debt colicci or and is an attempt to collect a debt, Anv information obtained Neill be used foi- that p€arpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Cn'-?f)?'--??,At!t?hereby states that he/she is authorized to take this verification on behalf of said Plaintiff in the within action and verifies that the statements made in the foregoing Complaint are true and correct to the best of his/her knowledge, information, and belief, based upon information provided by the Plaintiff. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date : APR 0 6 2011 B i? Custodian of Records 10-64062 This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. EXHIBIT A PORTFOLIO RECOVERY ASSOCIATES, LLC 140 Corporate Boulevard Norfolk, Virginia 23502 Telephone: 1-866-428-8102 Fax: 1-757-518-0860 Statement of Account Account: ************8484 MICHAEL W SHOOP JR Account Holder: MICHAEL W SHOOP JR 24 S BALTIMORE AVE APT 3 MOUNT HOLLY SPRINGS PA 17065 Consumer Account Product Code: MC Issuer: HSBC Card Services (III) Inc. / Orchard Bank / Non Prime Assignee: Portfolio Recovery Associates, LLC Account Number: ************8484 Date Account Opened: March 16, 2006 Date of Last Payment: October 1, 2008 Date of Charge Off: February 28, 2009 Balance at Purchase: $1,143.34 Purchase Date: May 27, 2009 Balance at Purchase: $1,143.34 Less Payments: $.00 Balance Due: $1,143.34 10-64062 HSBE38 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. AFFIDAVIT State of Virginia City of Norfolk ss. I, the undersigned, 't-16m Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows: I am competent to testify to the matters contained herein. 2. I am an authorized employee of Portfolio Recovery Associates, LLC, ("Account Assignee") which is doing business at Riverside Commerce Center, 140 Corporate Boulevard, Norfolk, Virginia. I am familiar with the policies and practices, as well as the books and records of Account Assignee with respect to the matters stated herein. This affidavit is based upon my personal knowledge of Account Assignee's record keeping system and my review of Account Assignee's records, including a review of the business records transferred to Account Assignee from HSBC Card Services (III) Inc. / Orchard Bank / Non Prime ("Account Seller"), which have become a part of and have integrated into Account Assignee's business records, in the ordinary course of business. 3. According to the business records, which are maintained in the ordinary course of business, the account, and all proceeds of the account are now owned by the Account Assignee, all of the Account Seller's interest in such account having been sold, assigned and transferred by the Account Seller on May 27, 2009. Further, the Account Assignee has been assigned all of the Account Seller's power and authority to do and perform all acts necessary for the settlement, satisfaction, compromise, collection or adjustment of said account, and the Account Seller has retained no further interest in said account or the proceeds thereof, for any purpose whatsoever. 4. According to the records transferred to the Account Assignee from Account Seller, and maintained in the ordinary course of business by the Account Assignee, there was due and payable from MICHAEL W SHOOP JR ("Debtor") to the Account Seller the sum of $1,143.34 with the respect to account number (************8484), as of May 27, 2009 with there being no known un-credited payments, counterclaims or offsets against the said debt as of the date of the sale. 5. According to the records of said Account Assignee, after all known payments, counterclaims, and/or setoffs occurring subsequent to the date of sale, there is currently due and owing the sum of $1,143.34 . folio Recovery.. sociates, LLC f u By: , Custodian of Records Subs ribed and sworn to before me on of hp , 2011 Pot" No lic Nicole J. Moore V'ir mia 10-64062 commonwealth - 9 Notary Public commission No. 7373912 My Commission Expires 813112014 l his communication is from a debt collector and is an attempt to collect a dcbi. Any i.ntormation obtained will be used for that purpose, ORCHARD BaNIC 40 MICHAEL W SHOOP JR PAYMENT SUMMARY meftsm PAYmem 147.00 PAYMENT DUE DATE 03103119 OVERLIMITAMOUdT SS43.34 PAST DUE ANOUNT $273.00 [ "T PAYMENT DUE' SSw TO?e`WdtadJAirweaf'kreru04rew+t&rirfw, tieatAa9rAr t3n+a??r l?+wswAlre!'*?'A iMrA`!n rAr ASeMarrw ?YOwarard+maYPau DW W, F 0wrfAvhAm W, -** Aholl Yaw Payment an m vwss rot all em*afwfim of thme amounts, BALANCE SUMMARY PREVIOUSSALANCE 11,11507 PAS - 5500 PURCHASESCAMn + 1000 LATE PAYMENT CHARGE + $MOD MISC FINANCECHAROE + $0.00 F0/AN= CHAR4E + tau NEW BALANCE - 11,143.34 Pape i Of 1 ACCOUNT SUMMARY ACCOUNT lemmillo w" NUMBER CASH CREDIT UNIT 1 5125 CASH LIAR AVAILABLE 50 TOTAL CREDIT LMT 5= TOTAL CREDIT UW 5o 1C"hcps" Limit isa-Pc 0, dMATo1atCie&Uff* PERIODIC FINANCE CHARGE SUMMARY Tiffs is a grace wcwA . Owe pww OMan wbm an badL TO FWQW= t2nrpa Dart' Days Fir ante CAryaf OUKAL ANNUAL Parodic in Biliny Aim Owily Rama cvdo At Periodic Ralf PERM tAA= PUIRCHASES 51,125.09 001=16M 31 525.27 29.4IMM CASH ADVANCES $0.05 o.ooow m 31 $0.00 29.4Arlim A1N UAL.PERCENTAGERATE" 2L40% ""be how *0 Non" Pas mW Rags I stslmw0clu m misc. In- charpm (vl k"kar vrrimme rags IMPORTANT INFORMATION Your w m frets been pbcW with a collection agaw. Pled Mbd them tindly, or tail Lis at 1-8010-3135-WW. V MAN. PAYMENTS TO 9 GUES71ONS7 ® MAN. INQUIRIES TO. HSBC CARD SERVICES 2444OUR AURNAlW ACCO1NiT INFORMATION HM CARD SERVK;E$ PO SOX 17051 EI4L19H t_EOS40SAW PO9O%10004 SALTIAORE MD 2120-7051 SSPAFfCL t+500,19"M SALWAS CA OW24M Ll tatansw Yaw woo t able at: wv ml.archen2nniLcom 111120151 05 00000011505 G SWTO7 0 A O0pu433 ODSY PLEASE DETACH AND REILRN BOTTOM POR M WITH YOUR PAYWIT: To Assume Proper Credit PWeW MWIa Your Aomw* N O" Ywa Chem 08WOrm omit KZCRASL IN sump JR 24 S HALTI5IM AYE APT 3 MOUNT HOLLY ePRIEDS PA 17063-1300 MIII 11111111111101#111111 111111 oil Account Number flew saw" $1,14534 MGtinnyeDaytNalll f47.OD Pam" Ow owe 03100104 CaNSlstt Due 1150.34 km Auft AIOao9n1 nualbw an GbIM* 1d MW Do not and m alh 34W SERVICES, p*pmvif I to 110 dap pft to Peon Due OM fie answe S amww own" hot, pay Mmf Curets Pvpnwd Ow $? To afroid addidtstsl IN 11tlt?tpl4till4ltrti11t1111111,11?lirll,rlhllll?Iltltilllllllrl It CARD SZaC ices PO flax 170s1 $ALTINORS MD 21247-1051 '646400064034001143346 0 0 n'1 W YOUR BILLING RIGHTS What To Do R There's An Error In Your Bill YOUR BILLING RIGHTS - KEEP TMISVIVE FOR FUTURE USE This notice contains Important rnformatlon IxXh your rights and our responsibilities under the Fair Credit Billing ?Gct. NOTIFY US IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR BILL K you think your bill Is wrong or N you need mwo in about a transaction on your bill write to us on a?f?t)j at the address listed on your ??eitate nanL• to a?pon as possible. We rywst hear trofri f1A later than 6h days after we sent you the Bret in on whlbh ?ftor or'problerh appeared. You can telephohe us, but doing tiirtlf hot pradorve Your rights. Pleasb Include the following 6ifomtetbn in ybur WbAt: • Your name, account number and algrouro; • The dollar amiount of the: suspected actor; and • gescribs.tlie error, and explain, if you t?en;;*hy you_belisvs there is an error. .. If you need.more inform??pnn descrlb: the>item.oir ark not sure about. H have authorizild ta=ts. y.your?T11-bill automatically from your savings or,oheot g *c^ Mk_ _1?. can stop the payment on any • you think b wrong.. To itop the payment, your klitef m em to. three: buelnase days before the automatic payment- Is s oiled to occur. YOUR RIGHTS ANWOUR e.8> sIe1L AFTER WE REC?tV YOtI,. ,?N i+?!.`` We must 3f?. we have corrected ? ? d r We nW der correct the am or Fwa baMe>+p the Y waoeoi of After we rao*4e yoar letter ;w,vaceerMlgt 1 -- soMect arty atttognt you question, orropolt tlrai,arrt IIGwbNI YOU for thew arrtonnt,atlsAtlt,t1.. Ftf we can apply arty u td antbprth- Ysu do cwt have :,Pay ?. investigating, but yaroatl tp..patr,ttt6iirtOf bill V?a are rot in question. - If we find that we made a mistbl6•en qq??rrblM, 9W*W alit he" to' pay any F)riantw Cha rallllid tik 8M If we did-'t Madre a lnr K 04 yhd?'' Charges, and you wilt have tts 'tl ekly4n the questioned amount. In elener o ,E w d 111 Llft:wxiel a statement of the amount you owe and Me daft R is due. If You W. e as CISM- qunt. Ho ever, If our does not you r atooyuss ?WM* ttonpd"I t us you:.8" nafuse?payi we MUSI tell biM. And we must feN yo?the name of an tes we tqu o led gouabout yy1;J` s that tune art ofd ??spute st tell everyone we report If we datt't W 16W these hoes, We can't collect the first $50 of the questioned: amount, even if your bill was correct. OtCIAL RULES FOR CREDIT CARD PURCHASES If yoU 1" 0 problem with the quality of property or ea as u p ,with o cxedk ow4 and you have hied in good %Nyoto conW.the' problem,with the n'nerc! M- you may have the right not to p%23 remaInIn amount due on the property or services. llletwo Ilmkatons on this right: (a) You must have made the purchase In your home, elate or N not, within 100 tulles of your current mailing address. (b};'I}if%pureti6se price must have been more than 350. Theis iimitotlbi s do `loot . apply If we own or -operate the mermhusutt,, er if we mailed u the advertlsemeM' for the gZaa er Services. HSBC Card. Services Inc. andlor Hg8C Card Services (II) Inc. provide processing services for HSBC Bank Nevada, N.A. 1M'rra moyy Nolte to- us at the address shown on. r billing s16100f ant or HSBC Bank Nevada, N.A., 1111 Tq m Center DOM. -Las Vegas, Nevada 89144. Thomas M.; I(imb le, Exactill" Vice President HSBC Bank Nevada, N.A. March 1; 2006 Viesrtae frWstered marls of Visa krtemationat and Visa U.S.A. MostarCordis a registered mark of MasterCard International, Incorporated. CM HSBC Bank Nevada, N.A. CARDMEMBER AGREEMENT AND DISCLOSURE STATEMENT UP-AG2525 PM) This document and accompanying Additional Disclosure Statement make -up your Cardrimembor Agreement and throughout this document are referred to as Cabmember Agreement or Agreement. The Additlonal DI$ck sure State Tani oor>tatn5 important Account Information including your Annual Percentage Rates ("APR-s) and amount of any feet:. Pleatsi 'take the trine to famillarite 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 1 Using Your Account 1 Your Credit 1 Payment 2 Interest Rates and Finance Charges 4 Account Fees 7 Foreign Transactions 8 Account Renewal, Closure And Termination 9 Credit Card Fraud 10 Personal 'Ift"ietiron 10 Additional Tema., 11 Your 80111ng Rights 14 14 - UP-AG2525 (3/06) AGREEMENT TO TERMS AND DEFINITIONS This Cardmember and any iwapdrnertts Agreement) OvWn am t?w d t . w a hentf? gttshad (yhwr :k'yt ajl . aai0f the Aiywd Accou nt or A pny means: "VY4reWfer s ... .. l A 'Card` means do credit cards or other access uw rhic e...?...e.. inoorpors cctmncw You and wa are bound we AMetwient from rte aadler of: the time rscehre i< of from fttq fem. 49 09C Ind witttout'timltalion ,tM p rpsri a d'?'etty Annual ee or P+erfodla Munpereitip 041:0n.-Me AehtaML You l??Y dose your nt btiiarq usin?wtptott q Annual Fee, OF pe? MerrtbersiNp Fee H Account when you salt us within ti0:days 4f your Account open data at the customer servka nyn"r, on fhtt bade of your card. USING YOUR ACCOUNT Account Use Restrictions,, You agree to use your Account only for personal, family, hou"hold, itblpurposes, You agree not to use r Account to make ? to a of our aflWates. Ya?i agree to use your r valjq t>r? byyfya,p?p?that If Your Account ther Pu4toses You are for such use and or dtME*;;*; d to reirntwrse us and the Network for all rwuMing xpenses. .:.•• , Types of Account Transactions You can access your Account using your Card or by other means ape tome d limit by the clothe a purchases or receive cash advanoss. transaction without notice to you or of ate` type of 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 chartye'ftbm time to time. We will notify you of any such changes though yrxu billing statement or by sending you a separate notice. If no separate cash advance limit Is listed on r billing statement, then the amount of your credit limit available for cxah advances is your total credit lknit. You agree not to allow your unpaid balance (including Finance Charges and other charges) to exceed your total credit limit. We not extend credit if you have exceeded your total credit limit 7dthe amount requested would cause you to exceed your total credit limit. If you exceed your total credit limit, yyoouu agree to pay us that excess amount Immediately Your avaN at credit and cash advance amount may not reflect your payments for up to 14 days. MasterChave ard WorldCard) with please preset ep therngAdditi(onai Disclosure Statement, Credit Autheirkations Some transactions will rr?e,qq??reIW. prior authgri?ta may be asked by.the merchant to provide Ideng P of au zatt M SYStem Is not workma. wi to at '6W"'$"'-dischnetioii'-1 ' '- _ •w We ndu ft out Ikn lio if n, - we rereasnabl suspect that such authorization . ma1+ result in sflsPldOtrs actitrity the ??ahroNtnt . live are not 'respbris"e forTA"I br tatiura to at> kiba arty kansacpon or rettirsal by arty merdtant to accept or honor jrour. Card. PAYMENT Promise to Pay You m?e to pay a x to £ihe terms of this Agreement for all: (aa9dit iu?i tertd"'oti YO - Ao4ourtt.' (b) Finance %ChLate ,o-. and stratlve g. checks, overdraft this A9t+ao rrsnt: and ?lc exxtteernht p?nitted .hnr. If your Account is a t Account, each ipint Account holder is iofndY And indiyldua y®-responsibts for 0U amounts, clue under th is Agreement repardlsss or ..oily` divorce, other gal proceedings or anya? Qraernent• tita.t mtiy. affect liabi?ty. between U. If any 1c Accountholder requests to not be liable for future transactions, we may dose your Account: If we do, You must continue to pay according tc .#4 te,tirhs' of this your Account. but You will not be able to mgke chew diarges on Payment Each statement you receive from us will identity a Minimum Payment and Current Payment Due. Minimum Payment The Minimum Payment is calculated as follows: (1) If your New Balance is not more than $15, your M ni imum Payment is the New Balance. (2) it 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 Chi, or amount ? to 1/12 of the Annual Fee, if applicable, any additional amounts disclosed in the Additional Dbclosure Statement, or (b) $15 Cuffent Payment Due The Current Payment Due is the greater of: (1) your Minimum Payment plus any amount past due, or (2) the greater of: (e) 1% of ffteAlew Balance shown on your statement talus the, IoNwIng: • any perk ilk Finance Charges ' any MOn tly Maintenance Fee Finance Charge, or applicable, to 1/12 of the Annual Fee. if and • any amount over your credit limit, or (b) $15 plus any amount over your credit limit. Your Minimum Payment and Current Payment flue will be rounded up to the nearest dollar, unless doing so will cause the resulting value to exceed the New Balance. Timing and Form of Payments You must pay at least the Current Payment Due in time to be to yowv4xount by the Off Due Date and failure Mndefault of this mement. Instructions 9, gaYMen* am on Acco r billing statement. For a payment to Ile areditsd to your unt as of a particular d , we must receive vnur-rwn nant h. ff.. A.6- __A aS- --. - R at rou may PUY RX" thhan' the Cumort Pagmeni Pay the entire New Balance at any time. All payments mitst be in U.S. 410110M Except for disputed P addrs" aYmenis.' you pay by m0_the payment must be sent to the st Cno cc Your str6eterthent tf pay d must a U.S. nstittltiott: y cheek, m ?y order or other tendered as an accord in ssoNsbetion, or which Inaludss a condlton, restrictive endorsement or anv debt{ a " Coandidon*) must be sent to mud mNtgtdrift Wmv n an yo oflttie t Iscons terhdrrred for this ptxpose we MOW-* the right to refiM 10 accept t is y wit payment to a Condition. ff the payment doei not any DeY y with h the t the 11 sut>)ed and we process ti. we wig not.be bo_urr the Condition. By lung a 00* ?r arld y s°?_!!s ? ! a+ndsDurtransbAccount, r You hearts of your converted to an ' etc ? whin bye not be resumed to k ?ansaotlOrl and yourohtolnal check will Y by Your bank. Your original check will be destroyed. Your checking or other financial institution account debited the day we WO" You inotywaantt yo urr checkss to to to aanr e nifcfunds transfer please ad cusiomar.9wvIce at the phone number on the bac(c of your cod. Application of Payments At our discretion, payments are generally applied to Interest, fees and then pnrk4Wl balances. We apply your payments to lower APR balances before higher i4PR balances. The application of payments is sub)ed to change at any time, ut 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 addl a specified amount ( Spread") to an Index (described below . The APR is divided 6y 365 and rounded to the next highes hundred #iou %andth of a percentage pant to determine your Daly Pettodle Ratite. The Daily Perot is 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 e e month prim to >}ne month in which the billing cycle ends. In that prior month, the highest domestic "Prime Rate" published in the Money Rateslabie of The Wall Street Joumal Is selected (the 1-ndex').1 the Index has changed the new variable rates wilt take effect with the billing that ends on or after the first day of the month following the Index change. (2) subsequent 04ortarly Index quarteha is the Index f hest domesticm"Prime each published in the Money Rates table of The Wall Street Jownel on the drat buekness of the calendar IrKiek has quarter. if the with the bills ft?Ihattbboonns IInn? ryy, Apr ill to il,, July or October following the Index change. (3) Other Index Please we your Additional so osure totemenI. An increase in the index will increase your applicable Daily Periodic Rates which may Increase Me Finance Charge due on your Account. Each time any APR changes we will 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 corresponding Daily Periodic Rate are disclosed in the Additional Disclosure Statement. Cash APR For cash advances, the Spread (for variable rates), APR and corresponding Daily Periodic Rate are disclosed in the Additional Dlsclosure Statement. Default APR If your Account has a Default APR provision the Default APR and conditions that may cause a Default AaR 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 Introd APR, .PW sporiding DaYy Periodic Rate period of time for which the Promotkrnai or lntndtwtory APIA applies, and condifi * by which the promotional period may be shotened aura,. not be n nth a offer, Certain promotional offers( or may Vitro uctdry b o APR offer will be subjeecctt to the to N -MW*o(1&F and this Agreement. Finance Charges Finance haiyes. are the total of the greater of (a) Minimum Finance h or (b) Periodic Finar?ee Ch s, and an applkable (c °Cash_ Advance Fee inane 2 dt Ferq(gn T on Fee Finance Cha (e) C It Lima Increase Fee Finance Charges ( Month, ke(Intenance Fee Finance eti, (g) Overdraft Fee Fin nee Charges, and (h) any other oe Charge(s). Please see the Additional Disclosure Statement for applicability and amount of the following Finance Charges. (assesses h off a lesseric Finanos ChargeYing cycle in which a periodic F7rtanoe Charge is Pa CChharrgges are each OaM .j? any new transactions. any FltarrceyChernes any assessed few ani artwuncctyywddas t0 Ute -ginning of the AWi- bObVi DeYy ces for ilhe bpreacilkin i= we i Bajan the the number Clays in Tttis is the Averaf Balance for each Iran cxr we (1) s Periodic Finance Charges begin to accrue on e a e o e transaction and continue to accrue 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 Cha will not be imposed on new credit card purchases F the New Balance for the current pL>itting cycle is ion full by the Pa t Due Data for that the Paymen tfbtre Dais four the Immediately Now Balance Is not paid in full by preceding billing cycle, periodic Finance Charges will be Incurred on new credit card purdhases i.e.; purchases: can for the first time in the current cycle from the date o- the t= and on the previously tL but unptld credit card purchases from the (2) car c edates .ofathenodictransactionc Fina a balance Cand hargecons begitinuen totoaccrue on the accrue until payment in full is credited to the Account. There is no Grace Period on cash advances. 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. Any fee Finance Charge may cause the APR on the billing statement on which the fee Finance Charge first appears to exceed the nominal APR. (c Cash Advance Fee Finance Charges. Cash advances in a all advances to get cash over the counter, throw an ATM, balance transfers (if available), credit card checks (if available), or other "Cash-like" transactions (such as traveler's check, casino or betting purchastng a money 3'e6% chip, or a rottety ticket) as termined by us. A Finance Charge will be compulld on the amount of each cash advance as of the date of the transaction. d) Faqsign Transaef ri Fee Finance Charge. A Foreign rensactiorn 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. (e) Credit Ll n/t kwresse Fee Finance Charg. If you request and are approved for a credit limit increase) CU"), a CSI Fee Finance Charge may be assessed to your Account. (f) Monthly Maintenance Fee Finance Charges. A Finance Charge that is assessed to the Account for each billing cycle whenever that Account is dosed with a debit balance. (a) Overdraft Fee Finance Charges. (Applicable only to BC Credit Card accounts providing overdraft protection to designated HSBC Bank USA, N.A. deposit accounts). If you requested overdraft privileges, we will lend you from your 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 amouf+t of the overdraft rounded to the nngext full dollar. We will not make a transfer if you do not have sumcient unused credit a a or.;am delinquent hereunder. In jhat case, the overtlr. IWtbe stitilect to thq usual deposerules and'f Under no bir6umatsitcas ahpil' y such overdraft be.a idwed t0 ' x?ed yqu r svaliab(e. credit It. flan understand that vi*'tipve ties Vto c$neeI this Aaount or your overdraft loan priyileges.at,ihny time. We may add an Overdraft Fee Finance Charge to your Account if your Account is utilized to cover an overdraft on your designated deposit account. An Ovordraft.e6 Finance Charge will be computed 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 applic0itty and amount of the foilowinoJbes. AnniuapFeeiPeria0c: Merpborahlp Foo If your Account is subject to an Annual Fee or Periodic Membership Fee, you roe to pay this fee each year (or other ic assessment Andicated ow A4ot _,,Di*doWM =ant) your Account is open, or dosed with a balance. You agree that Utis fee wilt-ba c#18rd, to. your AGO4unt If you close your A2Vunt within the fi1t 90 Clays, your Account Is open, the Annual FaellPgriodic Mambetstup Fee(s): due refundable so long as ybu hava not gad #A Account. The Annual Fee/Periodic Membership Fee Offmpensates HSB'C 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. Overllmit Fee An Ovedimit Fee is assessed if the Account balance exceeds the applicable, credit limit at anytime during a billing k ycle. We may impose this fee even it we aultwrize,orimpose 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 deduaW pr ptlta F method is not honored or is returned unsal&l byr the bank or other financial Institution. Any payment returned 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 dale at the APR being charged for that transaction. Returned Check Fee A Rettmhad Check Fee is assessed to the. °each. time a credit card check, balance transfer check (n available), electronic check or other Account access device is, returned unsatisfied by us for any reason. Check By Phone Fee A Check By Phone Fee Is assessed to the Account each time a 'psymant •ta made by telaopplron, even if the payment is made by symsohe , oth or than "you. At* Payment Fee A Stop Payment Fee is added_6t11ve cash advance balance when a payment of a credit card check is stopped at your uest. payment may be stopped on a crejlQ cad q)ect( by nofifying us in writing or by callfing us at the eel pthone n . listed 'on the, COkx?! bbft?itlipp data so as such has rN bbe11 psgC USTWX . pcpene liymeand reow =t ap" n R14 _8. in the credit card dhiii;ic',oto. be muigbe if a stop paymertt Gll t confirmed In writ Iaf A stop ?}}v? rerrhaMi iii ~01, six n'rontipt ruhtass rrjnewed in?."Rhe addres8'to; send a'stop "paymertt'requeat is dl in the Additlariaf Clisclosure statement. Research Fee A Research Fee is assessed to the Account for each sales -slip copy, statement copy mid application copy requested. Replacement Fee A 'Replateunent Fee is assessed to, the Account if we a Card that is lost, stollen, or "darn or if we isaU a replacement Personal Identification ad,. Sbar (PIN) tp ;fsodata access. to Automated Teller M SE a replaboment'card Is requested on a lush basin, we will chaig$ our current fee for,this service. 1+te neartement fee `A Reinstatement Fee is assessed whenever a request to reopen a closed op blocked Account is approved. Additional frees. See the Additional Disclosure Statement for any other fees that may be applicable to your Account. FQR'EIGN TRANSACTIONS H make e in o Mn the transaction amount I be.COna NatwtHaGOns 4l rAern aooordAnc a. Cis, s hn? atthe is processed. ee°e shown' In .the Add'iscoaure It, Network may change the procedures, from time to time, at its own discretion. ACCOUNT RENEWAL; CLOSURE AND TERMINATION Card Renewal Caros.are issued with an expiration date. We have the right ru t'to renew your' CaM for any reason. Closing Your Account You can close your Account by writing to us. Your Account balance will continue to accrue Finance=Chadds and other fees and wi8 remain: subject to. all tbe.t and conditions of.#A AW"merit, Y . also agms-to des oy your Card(s) and any unusdd, owd dit)W. We wttt:notiwnor;any credit card check writt66 on your Account authorize any transactions after your Account Is dosed. The address to send your request to close your Account Is disclosed in the Additional Disclosure Statement. AeeCburtt 000 Security hrtereat . if you have not clompleted a Setxxity Agreement for your AccsotXrt, we are extending you sh unsecured line of reedit. not limited to the 'Addl9onal DM ctoi m Stelerni t'. You authorize us to msW withdrewift *0w yaw Deposit Account until such time as Oft Aebount Is dosed and all your Indebtedness Is fully satialled or until this Account is otherwise modMfed by us. If you exceed your a e t Ikrtlt, or c0ww4Ul9e default under the terms of yox any A®reertrent, or If this Apreerne A is cantrelbd by you or us for reason, we may salt any time thereafter and without advance notice to you, = under all of a pert of your Deposit Account to the ppaayment and any and all amounts owed ,.ptis and any replacement secured credit card i6a:iu L in t , we may usl any other remedies permitted or otherwise available to us. If thb amount In your Deposit Account is not suftldertt to retire, aA obligations incurred related to your Aocourn, you tigree to pay the amount owed to us CREDIT" CARD FRAUD Lost or Stolen Cr*W Caved or Account Chucks You .agree to notify us Immediately If your credit card or ?ccaaq? ?ai?the, phonelost numba solos You Inay the A ditional Dledosure. Statetent., ua6* for it u"wrilmd oss You should retain aomles of sit chards silos until you receive your wwtmd use twat 600M notlry us of the loss, melt iota ixfsNftltotlzed use. ?p must be given elfher us upon ft of . theft or uttwelmod?t r cON us afthe the tw number iuna on your bN*V sta rt You will not?h? for, arty address to ncWyius.& unou#wdnd use of your credit calif is disclosed in the Addkkx* Disclosure Statement. You may also call us at the telephone number listed on your billing statement. PERSONAL INFORMATION Cha W of Now.. Addresli;.Teiephone Number or etnployntow. You agree to give us Wo mpt rrodcs of any change In your name, mating address, telephone number or place of employment. 9 10 Updated Financial and Other information ffinanciallaandsother infamationabooutt youilf a us accurate Credit Reporting If you fail to fulfill the terms of your credit obligation, a n five crediPot reortinga Y?cy?r 1, credit any sport may rdormatiionrelated oto mg nsecns any your Account tra or credd -experience with fss is inaccurate, you may notify us to correct the kumxurate information (after confirmation of the alleged error) reported to any credit reporting agency by writing to us •at P1 O. Box 98706, las Vegas, NV $99193 Certain Privacy Practices You agree that from time to time we may receive credit information oonoeming yyou from others, such as stores. other lenders, and credit reportlng age=, and that we may use this information to amenndd, cancelyoorususpend your credit privileg es agrees that the Departme t of Vehicles defisult may rase your resrdenoe address to us, should it become necessary to locate you. You that ur supervisory personnel may listen and record teW=l callos between you and our roprew Wives in order to evaluate the of our service to you and to other cardmembers. For I information regaid ing our privacy practices, please refer to our Privacy Statement. ADDITIONAL TERMS Arbitration Please see the Additional Disclosure Statement for applicability to your Account. This arbitration provision, shall ly to any Claim against us, and to each of our parents, id fir . aflNiates an corn yy providing a rewards feature in conjunction with this A greerneent, predecessors, successors, and assigns, and each of their 11 azu of ina rang me. Tae nd your -of the arged by the yaprpbiit?rration In to a d to Pay ??yaddltidnal fees you 90 award. If the erbitrallor__grants an award in your favor, we relm >abi you for any ado txnai fees paid or owed by you 10 the tai to ths amount of the, lbes that would have been the original Claire had been for the amount of the actual award in r"favor. The shall bear the of their attorney'sexcept as provided by law` If a statute gives you the right recover any of these fees, or the fees paid to the arbiTra adrri Bator, these'sMilli ry rights shall apply in the arbitration arfsmew issues`an aware in our favor, i wirribuise us for-any fees we have arbitration administrator or for which we This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act 9 U.S.C. Sections 1 - 16 (the "FAA"). The arbitrator shall ap applicable substantive law consistent with the FAA and written reasoned findings of fact and conclusions of law. The arbitrator's award shall not be subject to appeal except as permitted by the FAA. The partles agree that the award shah be kept confidential. Judgment uponthe award may be entered in any court having jurisdiction. 12 THE PARTIES U24 ACKNOWLEDGE THAT THEY HAVE A RIGHT TG' THROUGH A COURT BEFORE A-J 7 JRY W IM NOT HAVE THAT IF RAR:'fY t-ARNiTRAMON. THE N A111? TBIIEHIR? STMEA306H C WMS RNLA COURT A Alat JURY UPON ELECTION OF AR?RRA MOM Y"W1''kOR PAIRTY. You, rniit 'tJOnt.?,? n.tte arbitration rules of, or. file a Claim wkh;M AAA"or Aei follows: National Arbitration Forum JAMS P.O. Box 50191 45 Broadway Minneapgiis? MN X5405 New York, NY 10005 www.arrttt Aonart:org www.jamsadr.com Code of Procedure Financial Services Arbitration Rules and Procedures Ame 1wb* A NNW 18th floor W , DC 2003641U REMArbitration lee' for Consumer DlspultK Claims under $10,000) Cam al Arbitration Rules (all otter claims). Assignment of Account We may sell, assign or transfer your Agreement and Account or any portion theseof without notice to you. You may not sell, aseigrtorlransfer your Account. Waltisr,, _,.. We may. choose -to delay enforcing or waive an of our rights under this Agreement in certain situations. We can delay enforcirng or waive any of our rights without affecting our other rights. If we waive a fight, we do not thereby waive the same dot in other situations. Severabliity If army provlsid»t of this Agreement is finally determined to be void or Uf.BPj?lq unite? an law, rule or regulation all other provisiprtB,of thi8 Aar6eMent will remain valld and enforceable. 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. 13 in > 01119MM to yyo?sr resiwttterey federr is located or at such. aBier location as earaad by b Change of Terms (Including Finance Charges) HSBC Credit Card Customer Service TDD Directory HSBC Card Services is committed to providing reasonable accommodations to persons with disabilities. If you require TDD assistance, select the appropriate phone number listed below. Contacts TDD HSBC Card Services 1-800-365-0186 Commercial Card 1-800-365-0186 Optipay 1-800-365-0186 Account Central Online 1-877-902-0967 GM Card 1-800-685-9020 GM, Extended, Family: Card 1-80.0-685-9020 GMf4kiOloldrhings Card 1-800 -9020 Household Bank-0 1-800-655=9392 Household Card 1-800-655-9352 HSBC 1-800-655-9392 Orchard B a n k® 1-800-655-9392 Sears Solutions MasterCard® 1-866-852-1163 Teamster Privilege 1-800-395-9020 Union Plus® 1-800-395-9020 American Express®/Discover4' 1-877-902-0967 All Other Credit Cards 1-800-655-9392 IN34002 (1/10) CUSTMT Our Accessibility HSBC Card SerVices `is coi?in&' Ito pi vid!ng reasonable accommddationstto p'rsdns--;, itlt? sabiliti#s;,Wo offer a variety of auxiliary aids e d a i'?it o i*tft,affectivd 'com- munication with our.'AddWAItYaludift. MdOMorvlces, large=print documents accessible online versions of printed materials. Addi onal iary aids and services will be provided vvh' n? - n cess sure effective communication"W th a customer. If Yoo-10Misability that interferes with your Wlityita ddc ss se contact HSBC Card Services by telepheae at by calling the TDD numbrpgQ? or i i prectory on the back of tM insert oou :.; Iocaf~e n P'lu ate the Accessibility Contact Form at ouf6c'ceasibllity.com. You also may submit an'accommodation rreAque :hy mail to HSBC Card Services, ADA Coordinator, P.O.. o Stream, IL 60197-5892. We will r p.?.to:.your . Y" a ind in no event more than 10 a? , MM66§946 erst s made. No fee or charge will b ibapos?dtbr a s, 4. -*td or service or other accommodation provided: on acc?y. abili . tY• Shqul? Ye any complaints aboet the:acco>gnoda#ian.. prpPoss.,QrApd-no a accommodation provide c to your ppl?ease contact us-by" at 1-866-535-2964, by calling th6-TDD number on your statorrent or from the TD'D Directory on the back of this insert., You-, may locate and complete the Accessibility Contact Form at www.ouraccessibility.com. You also may submit a complaint by mail to HSBC Card Services, ADA Coordinator, P.O. Box 800261 Salinas, CA 93912. IA-157 IN34002 (1/101 CI/STMT Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Attorney ID # 94055/201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff V. MICHAEL W SHOOP JR 24 S BALTIMORE AVE APT 3 MOUNT HOLLY SPRINGS PA 17065 Defendant No. 11-3810 CIVIL PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Respectfully Submitted, - & L4=2 Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, #201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0860 Attorneys for Plaintiff 10-64062 C 3 r..? GC? c= t l r ? - C : r r-n . ? [ r , .,C'D . .: --r- Ir-- This letter is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose. Carrie A. Brown, Esquire Robert N. Polas Jr, Esquire Attorney ID # 94055/201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 140 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff No. 11-3810 CIVIL V. MICHAEL W SHOOP JR 24 S BALTIMORE AVE APT 3 MOUNT HOLLY SPRINGS PA 17065 Defendant CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Dismiss upon MICHAEL W SHOOP JR, by First Class Mail, Postage Pre-Paid, a copy thereof on this-,& day of 2011, to: MICHAEL W SHOOP JR 24 S BALTIMORE AVE APT 3, MOUNT HOLLY SPRINGS PA 17065 Date: Carrie A. Brown, Esquire, # 94055 Robert N. Polas, Jr., Esquire, #201259 Portfolio Recovery Associates, LLC 140 Corporate Blvd. Norfolk, VA 23502 (T) 1-866-428-8102 (F) 757-518-0860 Attorneys for Plaintiff 10-64062 This letter is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.