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HomeMy WebLinkAbout11-7159Robert 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. CHERYL D MITCHELL 545 BRANDT AVE APT C NEW CUMBERLND PA 17070 Defendant NOTICE No. //- 7159 tx? cn - tM r ? rn -G c^i C. rn C= -'..'p 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 Carlisle, PA 17013 (717) 249-3166 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. S q?.OD J [2 a ?176o? 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. CHERYL D MITCHELL 545 BRANDT AVE APT C NEW CUMBERLND PA 17070 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 l his c oninitinic.ation is froin a debt collector and is an at e nspt io collect a de;E)t. _ nv inl6rination obtained will be wed flr that pcarpose. 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. CHERYL D MITCHELL 545 BRANDT AVE APT C NEW CUMBERLND PA 17070 Defendant COMPLAINT Plaintiff, Portfolio Recovery Associates, LLC is a Delaware Limited Liability Company with offices located at 140 Corporate Blvd., Norfolk, VA 23502. 2. Defendant CHERYL D MITCHELL, is an adult individual with last known address of 545 BRANDT AVE APT C, NEW CUMBERLND PA 17070. It is averred that Defendant was indebted to HSBC BANK NEVADA, N.A. / DISCOVER on June 5, 2008 with account number ************7033 (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. At all relevant times material hereto, Defendant has used said Account for the purchase of products, goods and/or for obtaining services. Uhi s c:onnnunication k f onx a debt collector and is an attempt t« collect a debt. Anv information obtained will be uses{ for fiat purpose. 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. 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 August 9, 2009. 8. Plaintiff is the purchaser, assignee and/or successor in interest HSBC BANK NEVADA, N.A. / DISCOVER 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." 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 $2,676.98. 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, CHERYL D MITCHELL, in the amount of $2,676.98, plus costs of this action and any other relief as the Court deems just and as nable. Robert N. Polas Jr., Esquire # 201259 - Carrie A. Brown, Esquire # 94055 10-86915 This contniunication is from a debt collector and is an attempt to collect a debt. Aliv information obtaiiied will be used fir (hat purpose. VERIFICATION The undersigned Custodian of Records for Portfolio Recovery Associates, LLC, Ohe'a Wise 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 : r t1 By: 0 a . ? or, Chela Wise Custodian of Records 10-86915 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: ************7033 CHERYL D MITCHELL Account Holder: CHERYL D MITCHELL 545 BRANDT AVE APT C NEW CUMBERLND PA 17070 Consumer Account Product Code: DISC Issuer: HSBC BANK NEVADA, N.A. / DISCOVER Assignee: Portfolio Recovery Associates, LLC Account Number: ************7033 Date Account Opened: June 5, 2008 Date of Last Payment: August 9, 2009 Date of Charge Off: March 31, 2010 Balance at Purchase: $2,676.98 Purchase Date: September 27, 2010 Balance at Charge-Off. $2,676.98 Less Payments: $.00 Balance Due: $2,676.98 10-86915 HSBJ20 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, Chela Wise , Custodian of Records, for Portfolio Recovery Associates, LLC hereby depose, affirm and state as follows: 1. 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 BANK NEVADA, N.A. / DISCOVER ("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 September 27, 2010. 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 CHERYL D MITCHELL ("Debtor") to the Account Seller the sum of $2,676.98 with the respect to account number (************7033), as of March 31, 2010 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, Account Assignee claims the sum of $2,676.98 as due and owing as of the date of this affidavit. Portfolio Recovery Associates, LLC By: Chela Wise , Custodian of Records Subscribed and sworn to before me on)Ld?of , 2011 Notary P lic 10-86915 „.,, Margie ae G miler Snoody Common,,,,!' of Virginia No!dry Public `.,„, ,,+ G;mmssionNo.7500956 My Commission Expires 2/28/2015 I lris cmII)Ilwlicat , is from a debt collector and is an attealpt Io (:,oll;c t a debt, Any i_nt',,rmati-) ?r,x,. A will be used f6r that purp(?se. 0 0 BILL OF SALE HSBC CARD SERVICES (III) INC. (f/k/a HOUSEHOLD CARD SERVICES INC.) ("Seller"), for value received and pursuant to the terms and conditions of the Receivables Purchase Agreement ("Agreement") dated October 26, 2009 between Seller and HSBC CARD SERVICES (III) INC. and Portfolio Recovery Associates, LLC, ("Purchaser"), does hereby sell, assign and convey to Purchaser, its successor and assigns, all right, title and interest of Seller in and to those certain Purchased Receivables (as defined in the Agreement) listed on the attached Exhibit A (Sale File, without recourse and without representation of, or warranty of, collectibility, or otherwise, except to the extent provided for within the Agreement. EXECUTED this 29'x' day of September, 2010. HSBC C ERVICES (III) INC. By: Name: aul Stanboroueh _ Title: Vice President HSBC BANK NEVADA N.A. By: Name: Paul Stanborouh Title: Senior Vice President blq? ?ISBJ2o If you fall to pay the amount we think you owe, we may report you as delinquent However, if our explanation does not sad* you, and you write to us within ten days tellir? us you still refuse to pay we must tell anyone we report you to at you have a question a6i your bill. And we must fell you the name of anyone we reported you. to. Upon settlement of the dispute we must tell everyone we report you to that the matter has been settled. If we 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 This document and accompanying Additional Disclosure Statement If you have a pproblem with the quality of property or services you purchased V% a credit card and you have tried in good faith to make. up your Cardmember Agreement and `throughout this , connect the problem with the merchant, you may. have the right not document are referred to as Cardmember Agreement or Agreement. to pay the remaining amount due on the property or services. There are two limitations on this right The Additional Disclosure Statement contains important Account information Including your Annual Percentage Rates ("APR"s) and (a) You must have made the purchase in your home. state or if not, within 100 miles of your current mailing address. amount of any fees. Please take the time to familiarize yourself with (b) The purchase price must have been more than $50. Your Agreement and retain it for future reference. These limitations do not apply If we own or operate the Thank you for being an HSBC Cardmember. We appreciate merchant, or if we mailed you the advertisement for the operty or services. HSBC Card Services Inc. and/or HSBC our business. . y and Services (IInc. provide processing services for HSBC 1 Bank Nevada, N . TABLE OF CONTENTS You may write to us at the address shown on: our billing. statement or HSBC Bank Nevada 1111 Town Center N A 1 , . ., Drive Las Vegas, Nevada 89144. Agreement to Terms and Definitions , Using Your Account 1 • Your Credit 1 Payment 2 Interest Rates and Finance Charges 4 7 Thomas M. Kimble Executive Vice President HSBC Bank Nevada, N.A. February 1, 2006 Visa is a registered mark of Visa International and Visa U.S.A. MasterCard is a registered mark of MasterCard International, Incorporated. 02006 HSBC Bank Nevada, N.A. { AG2505A (12/06) CI mcount rase; Foreign Transactions 8 Account Renewal, Closure And Termination 9 Credit Card Fraud 10 Personal Information 10 Additional Terms 11 Your Billing Rights 14 AGREEMENT TO TERMS AND DEFINITIONS This Cardmember Agreement and any amendments (Agreement) govern the non Tine of credit we have established.#or you (your Account). "You" and your' refer to all persons who applied for the Account or are contractually liable through any other means. "We, us," and "our refer to HSBC Bank Nevada, NA Card" means any credit cards or other access devices issued under this Agreement. "Network" means Visa International, MasterCard International Incorporated, Discover Financial Services LLC or other governing j 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 any Annual Fee or Periodic Membership Fee on your Account. 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. 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 Account to make payments to us or to a of our affiliates. You agree to use your Account only for valid and lawful purposes and that if your Account is used for arm 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 appproved 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 j Credit Umit I 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. if 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. j You agree not to allow your unpaid balance (including Finance i Charges and other charges) to exceed your total credit limit We { may not extend credit if you have exceeded our total credit limit or'rf the amount requested would cause you to exceed your total I credit limit. If you exceed your total credit limit, you agree to pay us that excess amount immediately. Your available credit and cash advance amount may not reflect your payments for up to 14 days. If you have q credit card with a no preset spending limit (e.g. MasterCard WorldCard), please see the Additional Disclosure Statement. Credit Authorizations Some transactions will require our prior authorization and you may be asked by the merchant to provide identification. If any part of the authorization system is not working, we may not be able to authorize a transaction, even If you Have sufficient available credit. We will not be liable to you if any ot; these events happen. We may refuse to authorize any tran ens at our sole discretion including, without limltatkir?, we reasonably suspect that such authorization mayy result in fraudulent or suspicious activity on the Account. We are not responsible for refusal or failure to authorize any transaction or refusal by any merchant to acceptor honor.your Card. PAYMENT Promise to Pay You promise to pay according to the terms of this Agreement for ail: (a; credit we extend on your Account; (b) Finance Charges, ate charges, overlimit charges and administrative charges (e.g. for research, returned checks, overdraft Lc tecbon if applicable, etc.), provided in this Agreement; and c olli; &n costs and attorneys' fees to the extent permitted applicable law. if your Account is a joint Account, each joint Accountholder is mtiy and individually responsible for all amounts due under his 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: (1) If your Now 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 1/12 of the Annual Fee, if applicable, and • any additional amounts disclosed in the Additional Disclosure Statement, or (b) $15 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. Form 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. Instructions for making payments are on your billing statement. For a payment to be credited to your Account as of a particular day, we must receive your payment by the date and time and in the manner specified in those instructions. If your.. Account is overlimit you can avoid an additional overilmit fee by Immediately paying at least the Current Payment Due upon delivery oyour billing statement. If our Account is delinqqu?ent, 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 ay this amount, you must pay at least-the Minimum PaymentPby the Payment Due 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. Ex for disputed payments, if You pay by mail the payment must be sent to the address specified on your biking statement. If you pay by negotiable instrument, such as a money order or check it must be. n a form that is acceptable to us and must be, drawn on a U.S. financial institution. Any check, money order or rich instrument tendered as an accord in satisfy includes a condition, restrictive endorsement or any statement to the effect that acceptance of such instrument shall constitute full or partial satisfaction of a disputed or undisputed debt (collectively, 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 accept 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 payment on. our Account, you authorize us to initiate an electronic funds transfer from your bank or other financial instidrtion account according to•the terms of the checir 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 3 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 nuoiber on the back of your card. Application of;Payments At our discretion payments are generally applied to interest, fees and then prt'ndpal balances. We apply your payments to lower APR balances before higher APR 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 adding a specified amount Spread') to an Index (described below The APR is divided 6y 365 and rounded to the next highes hundred thousandth of a percenisge po. t to determine your Daily Periodic Rate. The Daily Perlidic Rate is used to determine the amount of Periodic Finance Charge (see Finance Charges). Index For Variable Rare 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 month prior to the 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 following the Index change. (2) Qyartartv Index The Index for the current and each Kluent quarter is the highest domestic "Prime Rate" published the Money Rates table of The WaN Street urnal onithe first business day the preceding calendar Jo quarter. witIndex billi?rigcWee edttott begiinns in JJaanuan3tesp the July or October following the Index change. (3) 4 Please see your Additional IIis osure tatement. An increase in the Index will increase your applicable Daily Periodic Rates which may Increase the 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 comesponding Daily Periodic Rate are disclosed in the Additional Disclosure Statement 4 Cash APR For cash advances, the Spread (for variable rakes), APR and corresponding Daily 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 APR to take effect as well as the Spread (for variable rates), APR.and corresponding Daily Periodic Rate are disclosed in. Additional Disdosure 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 io 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 es, and.an applicable (c) Cash Advance Fee FinanceTharges, Foreign Transaction Fee Finance Char (e) Credit Liml Increase Fee Finance Charges ( MonthMaintenance Fee Finance Charges, (g) Overdraft Fee Finance Charges, and (h) any other Rnance 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 Ifeu of a lesser periodic Finance Charge in any billing cycle in which a periodic Finance Charge is payable. ce Charges. Periodic Finance Charges are DpiNviing the Average Day Balance for each Ons shown on ilia biAi statement (e.g., transfers, cash advances by the applicable and then m ply?lg the result b? the number rvHp Tn rya cvl 19te the D91IV t3alarlCAS. we ua ray a Nw ?+?: a any new vansaceons, an=Char rges, any assessed fees a ges, and subtract s andlor credits. If a debit transadlon posts after the the transaction I the ntr,at?vlth,a cam. ao Daily Balance wdn was outstanding prior to the beginning of the a role. Then, for each transaction cat?M we ad lanes for the bill ng cycle together awn kit 'node the tc bar of days in the biilfng cycle. This is the Average rch Periodic Finance Charges begin to (1) P accue on e a o e transaction and continue to accrue 5 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 Charges will not be imposed on new. credi card purchases, provided the New Balance for the current baling cycle is said in full by the Payment Due Date for that b"Ilr0 cycle. if however, the New Balance is not paid in full by the Payment bus Date. for the Immediately preceding billingg rvda- nenodic Finance•Charaes will be incurred on now.cxedit 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. (2) CCaasshh A-dXances (including balance transfer and credit cartel C ec s . eriodic Finance Charges begin to accrue 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. Periodic Finance Charges will be calculated using the Daily Periodic Rate in effect on the statement dosing 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 statement on which the fee Finance Charge first appears to exceed the -nominal APR.. (c) Cash Advance Fee Finance Charges. Cash advances fndude all advances to get cash over the counter, through an ATM, balance transfers Of 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 Pottery ticket) as determined by us. A Finance Charge wil) be computed on the amount of each cash advance as of the date of the transaction. (d) Foreign Transaction Fee Finance Charge. A Foreign Transaction 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 Limit Increase Fee Finance Cha If you request and are approved for a credit limit increase,Ll".), a CLI Fee Finance Charge may be assessed to your Account. Monthly Maintenance Fee Finance Charges. A Finance Charge that is assessed to the Account for each billing cycle whenever that Account is closed with a debit balance. (kt) 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 6 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 db 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 yyour. available.dredit limit. You understand that we have.the right to cancel tills. Account or your overdraft loan privileges. at anytime., We may add an Overdraft Fee Finance Gharge.to y. r Account des your. Akx?ount is utilized to, cover . any:overdraft on your if rgnated deposit account. An Overdraft°Fee Finance Charge will 6e 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 applicability and amount of the following'fees. Annual Fee/Perioolc Membership Fee If your Account is subject to an Annual Fee or Periodic Membership Fee, you agree to pay this fee each year (or other periodic assessment if indicated on the. Additional Disclosure Statement) your Account is open, or dosed with a balance. You agree that this fee will be charged to your Account If you close your Account within the first 90 days your Account is open, the Annual Fee/Perlodic Membership Fee(s), are refundable so tong as you have rot used the Account. The Annual Fee/Periodk: 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. Overfimit 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 %h automatic ayment deduction, or other payment mes not honored or is returned unsatisfied by the bank or ftnandal institution. Any payment returned unsatisfied for any reason may be reported to any type of transaction (i.e. cash advance, purchasps, etc.) and Finance Charges may be reinstated back td 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 available), electronic check or other Account access device is returned unsatisfied by us for any reason. Check By Phone Fee 3 '~ A Check-By Phone Fee is assessed to the :ccoont 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 your M uest Payment may be stopped on a credit card check by no ng us In writing or by calling us at the telephone num listed on the Account billing statement, so long as c„rh Mark han not alraadv heen nrocessed. A stoo cevment date of the credit card check on wnicn aymeni is w oe stop d- If a stop payment is uested by telephone the call must be confirmed in writing within 14 days. A wHi6i stop payment will remain in effect for six months unless renewed in writingg. The address to'send a stopp payment request is disobsed 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 relacement Personal Identification Number (PIN) to facilitatpe 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. Add/tlonal 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 wi nu be converted by the Network, Into a U.S. dollar amount in accordance with its operating regulations or conversion procedures in effect at the•time the fransaction is processed. Details concerning these procedures are shown in the Additional Disdosure Statement. The Network may change the procedures, from time to time, at its own discretion. 7 8 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 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 card checks. We will not honor any credit card check written on your Account or authorize any transactions after your Account is closed. The address to send your request to dose your Account is disclosed in the Additional Disclosure Statement Account Closure W4;may.ciose 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, yy?our: Account balance will continue. to accrue Finance Char?es. and fees until ppaid in full, and will remain subject to all the terms and conditions of this Agreement. If close unt, you agree to destroy your Card(s) we your.Acco and. any unused; credit. cerd checks. If your Account has been closed, or your credit privileges are suspended, you may not use your Cana or credit card checks. Default You will be in. default under this Agreement if: (a) you fail to make at least the Current Payment-Due in time to'be credited to your Account by the Payment Due Date; (b) yyou violate anv other Drovision of this Agreement; (c) you die;. (d) you ith misleading, false, incomplete or i we receive information from third arfortino agencies. which indicate a delinqquency or cnarge-on wit over crearors; kV) yvu fail w rovide us a physical address;' (h) you exceed your credit Pmit; ((I) your payment is returned unsatisfied by your bank or othertinancial 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 charges immediately, and to sue you for what you owe. it do not pay. us, your Account balance will continue to acc Finance Carges and fees until paid in full and will ran subject to all the terms and conditions of this Agreemer we sue u, or if we hire a third rrttyy to collect your Accc balance you will pay our court ccosfs reasonable attomi fees and other collection costs related to the default to extent permitted by law in the state in which you reside, we will apply your payments first to attorneys fees and or 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_Secu ft for your and grant to us a nrst pnomy secumy ,merest in an muI My nuw and hereafter in the deposit account with the bank disclosed in the "Additional Disclosure Statement'. You authorize us to restrid 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 limit, or otherwise default under the terms of your Agreement, or if this Is is cancelled by you or us for any reason, we may at any time thereafter and without advance notice to you, apply all or part of your Deposit. Account to the. payment and satisfaction 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 available to us. If the amount in your Deposit Account is not sufficient to retire 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 mayy 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 charge 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 for the unauthorized use of your credit card. You will 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 by writing us immediately upon. leaming of the loss, theft or possible unauthorized use or calling us at the telephone number fisted on your billing statement. You will not be liable for any unauthorized use of your credit card Account when you notify us immediately by phone or in writing. In any case, your liability for unauthorized use of your credit card will not exceed $0. The aoorfts to notify us of unauthorized use of your credit card is --distl in the Additional Disclosure Statement. You may also caul u . 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 change in 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 other information about yourself: Credit Reporting If you fail to fulfill the terms of your credit obligation, a negative re port refleding on .:your credit record may be submitted to a credit reporting agency If any specific information related to your Account transactions or credit experience with us is inaccurate, you -may notify us to. correct the Inaccurate information (after cor irmation of the alleged error) reported to any credit reports agency by writing to us at P.O. Box 98706, Las Vegas, NV 81993. Certain Privacy Practices You, agree that from time to time we may receive credit information concerniHczcet u from others,' such as stores, other lenders, and credit rg agencies, and that we may use this information to amen or suspend, your credit privileges under this Agreement even ?f u are not in default 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 agree that our supervisory personnel may listen and record telephone calls between you and our representatives in order to evaluate the quality of our service to you and to other cardmembers. For additional information regarding our privacy practices, please refer to our Privacy Statement. ADDITIONAL TERMS Change of Terms (Including Finance Charges) 11 Arbitration Please see the Additional Disclosure Statement for applicability to your Account. This arbitration provision, shall apply to any Claim against us, and to each of our parents, subsidiaries, affiliates, any company providing a rewards feature in conjunction with this Agreement, predecessors, successors, and assigns, and each of their officers, directors, agents, and employees. You agree any claim, dispute, or controversy (whether based upon contract tort, intentional or otherwise; constitution; statute; common law,. or or one Arbitration Fonx nine roROwinn N%kF the Ame hree aroraaroahriaacanrrnrArbmsrritawctian.onu.wAssociation?.+ ("MyAe'a?ore.)?AeMdance or retired o miles' "W with more agree not, f?envoke orsur right to arbitrate an individual =you may n in small claims court or an equivalent court, if arty, so khrhg as Sha Claim Is parf ing x only In that court The rules and forms of the NAF; AAA and JAMS may be obtained by writing to these orgaNzafions at the addresses listed below. Our address for service of prociess under this provision Is HSBC Card Services Inc., P.O. Box 98740, Las Vegas, NV 89193-8740. An partiapatory arbitration hearing that you attend will take place in Bra city nearest to your residence where a federal district court is.kncated of at such other locatioME reed by the pars. On any Claim you tile, you will pay the of the fl6ng fee. At your request we will pay the remainder of the fll fee and any admirtistrative or hearing fees charged by arbitration administrator on any Claim submitted by you in arbitration to a maximum of $1,500. If you are required to pay any additional fees to to arbitration administrator, we will consider a request by u to y all or part of the additional fees; however, we shay not- be ob?gated to pay any ad?ional fees unless the arbitrator grants you an award. If the arbitrator wad an award Ih your fever, we wdp reimburse you for any additional fees paid or owed by you to the arbitration administrator up to the amount of the fees that would have been charged If the original Claim had. been for the bear tthhh of the actual award 'rip If youn eriaatIOvor. M The pares x stiall as smount olhEwprovided by law: a statute eyes yce the ?ht to recover any of these fees, or the fees i5avidv to the arbl6atian administrator, time statutory rights shall apply In the arbitration notwithstanding anything to the contrary contained herein. If the arbitrator p any ? w our favor, you will not be e have previously all to reirriburse us ? the arbitration administrator or for which we are responsible. 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 app_ ly applicable substantive law consistent with the FAA and prov written reasoned findings of fact and conclusions of aw. The arbitrator's award shall not be subject to appeal except as permitted by the FAA. The parties agree that the award shall be kept confidential. Judgment upon the award may be entered In any court having jurisdiction. A THE PARTIES ACKNOWLEDGE THAT THjEY ;HAVE A RIGHT TO LITIGATE CLAIMS THROUGHY A COURT BEFORE A JUDGE OR JURY BUT WILL NOT HAVE THAT RIGHT IF EITHER PARTY EcLECTS ARBITRATION. THE PARTIES. HEREBY KNOWINGLY AND VOLUNTARILY OF COURT BEFORE A JUDGE OR JURY UPON ELECTION OF ARBITRATION BY EITHER PARTY. You mayy contact, obtain the arbitration rules of, or file a Claim with NA;, AAA or JAMS as follows: Y, National Arbitration Forum JAMS P.O. Box 50191 45 Broadway Minneapolis, MN 55405 New York, NY 10005 www.aarforum.com www.amsadr.com Code of Procedure Finan jcial Services Arbitration Rules and Procedures American Arbitration Association 1150 Connecticut Ave. NW 6th floor Washington, DC 20036-4144 www.a r.o Arbitration ules for Consumer Disputes (Claims under $10,000) Comma al 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 yy yy underathis Agreement Yin certaing situations any We fcan de ay enforcing or waive any of our rights without affecting our other rights. If we waive a right, we do not thereby waive the same right in other situations. Severability If any provision of this Agreement is finally determined to be void or unenforceable under any law, rule or regulation all other provisions of this Agreement will remain valid and adorceabie. 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. 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 bill, 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. o 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 yyour letter within 30 days, unless we have corrected the error by then. Within 90 days, we must either 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 delmgvent. 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 uestioned amount while we are investigating, but you are sbll obligated to pay the parts of your bill Mare, 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 nave aque:? questioned Finance If we didn't make a mistake, you may 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. 12 13 14 Carrie A. Brown, Esquire , Robert N. Polas Jr, Esquire Mark R. Garvey, Esquire Attorney ID # 94055/201259/312686 x- f, Portfolio Recovery Associates, LLC "t- F[0 ry� � ry s 120 Corporate Blvd 20/3 JUN Norfolk, VA 23502 of 9: Attorneys for Plaintiff tiERLApin IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW PORTFOLIO RECOVERY ASSOCIATES, LLC 120 CORPORATE BLVD NORFOLK, VA 23502 Plaintiff No. 11-7159 v. CHERYL D MITCHELL 545 BRANDT AVE APT C NEW CUMBERLND PA 17070 Defendant PRAECIPE TO DISCONTINUE To the Prothonotary: Please mark the above-entitled case as discontinued without prejudice. Respe u ly Submitted, Robert N. Polas, Jr., Esquire PA Bar# 201259 Carrie Brown, Esquire PA Bar# 94055 Mark R. Garvey,Esquire PA Bar# 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff 10-86915 This communication 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 Mark R. Garvey, Esquire Attorney ID # 94055/201259/312686 Portfolio Recovery Associates, LLC 120 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 . 120 CORPORATE BLVD . NORFOLK, VA 23502 . Plaintiff : No. 11-7159 v. . • CHERYL D MITCHELL . 545 BRANDT AVE APT C . NEW CUMBERLND PA 17070 . Defendant . CERTIFICATE OF SERVICE The undersigned does hereby certify that I served a copy of the foregoing Praecipe to Discontinue upon CHERYL D MITCHELL, by First Class Mail, Postage Pre-Paid, a copy thereof on this day of P\Q , 20/] to: CHERYL D MITCHELL, 545 BRANDT AVE APT C,NEW .UMBERLND PA 17070 / / 10-86915 Robert N. Polas, Jr., Esquire PA Bar# 201259 Carrie Brown, Esquire PA Bar# 94055 Mark R. Garvey, Esquire PA Bar# 312686 Portfolio Recovery Associates, LLC 120 Corporate Blvd Norfolk, VA 23502 TELE: 1-866-428-8102 FAX: (757) 518-0860 Attorneys for Plaintiff This communication is from a debt collector and is an attempt to collect a debt. Any information obtained will be used for that purpose.